Terms & Conditions
Last Updated: 28 October 2020
This website (https://my.topshop.com/) (“Website”) is operated by Winning Ecommerce Sdn Bhd (Company Registration No. 199501004643 (333838-K)) a company incorporated under the laws of Malaysia with its registered office at 166-A, Rifle Range Road, Penang, Malaysia (“Winning”, “us”, “we”).
These terms and conditions (“Terms”) form a contract between you (“Customer”) and us. By using the Website, or purchasing any products on our Website (“Products”), you agree to be bound by these Terms.
We may amend these Terms at any time, in our sole discretion, by publishing revisions or updated Terms on the Website. The revisions or updated Terms are binding once published.
These Terms include and incorporate any additional terms, guidelines, or policies issued by us on the website.
This Website is intended for persons over 18 years of age. If you are under the age of 18, you must obtain you parent(s) or guardian(s) consent to accept these Terms and to accept responsibility for your actions on this Website, or any purchases made. If you do not have such consent, you must stop using this Website. By placing an Order, you declare that you are 18 years of age and above.
Making and accepting Orders
Orders you make are subject to us accepting the Order. No binding contract to sell you the Products is made until:
(i) you receive an Order Confirmation from us; or
(ii) we dispatch the Ordered Products to you.
We are not obligated to accept any Orders, and are not liable for any failure to accept an Order. We may refuse to accept Orders for any reason, including a Product being out of stock.
If Products are temporarily out of stock, we may require you to remove those Products from your Order, or for you to agree to any delay in delivery, before accepting your Order.
If payment has been made for an Order that is not accepted, we will refund the amount paid.
All Orders are subject to these Terms.
Upon an Order being accepted, you agree that we may charge you, and you will pay, the Final Price for the Products ordered.
Payment must be made by payment methods provided by us on the Website.
The Customer may not apply any other terms to the Order, whether under provisions included by the Customer in the Order, offer, Customer’s purchase order, email, or any other document.
All listed prices exclude charges for shipping, taxes, duties, delivery, or insurance, which you are responsible for paying, and which we will charge you separately in the Final Price.
We will use reasonable effort to ensure prices listed on our Website are correct.
We may cancel accepted Orders for any mispriced Products at our discretion, without any liability to you.
We may vary the listed prices of Products at any time and without notice.
The Ordered Products have the Specifications in the relevant Product page on the Website.
While we take reasonable care to ensure that any Specifications are reasonably accurate, Specifications other than pricing information are based on data provided by our suppliers. We make no warranty or guarantee as to the accuracy of the Specifications and are not liable for any errors or omissions in the specifications.
Any description of the Products on the Website is only for the purpose of identifying the products. You acknowledge that you do not rely on any descriptions when placing Orders, and no Order is a sale by description.
We make no warranty that the Products will be fit for any specific purpose, whether or not informed to us prior to making the Order.
Any images, photographs, or videos of the Products are for illustrative purposes only.
Listing a Product for sale does not guarantee stock of that Product.
Unless required by applicable law, all other warranties are excluded.
If there are errors in the Specifications, you may report them to our Customer Service Team. We may, on a goodwill basis and without any obligation, assist to remedy the errors.
Risk and title
Risk of damage to the Products passes to you upon delivery, or if you wrongfully fail to take delivery, at the time delivery is attempted.
Title to the Products remains with us until delivery is completed and you have paid us the Final Price for the Products.
Customer will do all things reasonably requested by Wing Tai or under applicable law to give effect to this clause.
We will use reasonable endeavors to deliver the Products to the Delivery Address within the Delivery Time.
Delivery Time is only an estimate, and we are not liable for any delay in delivery. Time is not of the essence for any Orders.
You are responsible for paying any Delivery Fees quoted by us, which will be included in the Final Price when an Order is placed.
Due to various limitations, we may not be able to deliver to every location. If we are unable to deliver to your location, we will contact you to arrange for an alternative location or to cancel the order. A non-exhaustive list of our excluded delivery locations is set out in Schedule 1.
We are not liable for any prevention or delay in performing our obligations under an Order caused by circumstances beyond our reasonable control, including any acts of god, natural disasters, strikes, traffic conditions, riots, war, terrorism, unrest, epidemic, pandemic, failure of telecommunications or transport infrastructure, breakdowns, accidents, or change of laws. If we do not cancel the Order under these terms, we will use reasonable efforts to resume delivery to you after the circumstances have lapsed. We may, but are not obligated to, inform you of any delays due to these reasons.
You may track your order status using:
(i) the tracking number in the shipping confirmation email sent to you upon dispatch from our warehouse; or
(ii) for Registered Customers, through the “order shipments” page of your registered account with us.
Order cancellation by Wing Tai
We may cancel an accepted Order at any time, for any reason.
On cancellation, other than liabilities that accrued before cancellation, all of your and our obligations will cease.
We will refund any amounts paid for a cancelled Order, less any costs incurred by us resulting from any breach of these Terms.
Order cancellation by Customer
You may request to cancel an order by contacting our Customer Service Team, or submitting a request to cancel an Order through the Website.
We have the sole discretion to refuse any cancellation request.
We normally do not allow cancellation of any Orders which have been dispatched or delivered. Please refer to our returns and refunds policy below.
Returns, Refunds, Exchange
Product Returns – Change of Mind
Even though a Product is not defective, you may return a Product because of a change of mind or if you are not satisfied (“Change of Mind”) with the Product if:
(i) The Product is not a Non-refundable Product set out in Schedule 2;
(ii) You request for a Return within 14 days from the date of delivery;
(iii) The Product is unused, unaltered, unwashed, and unworn;
(iv) The Product is in its original brand packaging with original tags intact; and
(v) The Product is returned in the same condition received, in its original packaging.
We reserve the right to include additional conditions before accepting a Product return for Change of Mind.
You bear all costs incurred in returning a Product for Change of Mind. If you enjoyed free shipping for your Products which are returned for Change of Mind, we reserve the right to deduct the shipping fees previously waived from any refund we give.
Product Returns – Defective Products
You may return a Product if it is damaged, a wrong product, or does not conform with the Order (“Defective”).
If a returned Product is assessed to be Defective, we will reimburse you for all reasonable delivery costs, and refund you for the Defective Product.
You may request to return products by:
(i) Contacting our Customer Service Team for a return request; or
(ii) Registered Customers may submit a return request using the order detail page of the Registered Customer’s account.
Requests to return Products must be accompanied by your order number, full name, address, product details, reason for return, and any other details we request. You are responsible for ensuring that all information provided is true, complete, and accurate.
Upon receiving a request for a return, we will assess the request, and if approved, we will provide further instructions on how to return the Product.
On receiving the Product, we will examine and assess (at our discretion) if the Product is eligible for a return and refund.
Our decision on whether a Product is eligible for a return, or whether a Product is Defective, is conclusive.
If a returned Product is not eligible for return, we have the discretion not to repair, replace, or refund you for the Product, and may send the Product back to you at your cost.
If your returned Products are accepted by us for return, we will process a refund to you within a reasonable time. This may take up to 7 working days to be reflected in your credit card account, or may only be reflected in your next monthly statement.
Refund amounts do not include the cost of shipping fees paid. We will only refund shipping fees paid where all Products in an Order are Defective.
If you purchased Products under any discount or using any voucher or promotions, only the final paid price after discounts will be refunded.
We do not provide exchanges for Products. Please return your Product for a refund and place a new Order for the different Product.
Neither Party is liable for any special, indirect, or consequential damages, loss of profit, business, contracts, revenue, or goodwill.
We are not liable for any losses or damages arising from your improper use of the Products, any allergies or other health conditions you suffer, use of Products despite being defective, fair wear and tear, willful damage, or any modification or alteration to the Products.
You acknowledge that the Products are manufactured by third parties and not Wing Tai. To the extent permitted by applicable law, Wing Tai is not liable for any losses or damages suffered by the Customer’s use of the Products, unless the loss of damage is caused by Wing Tai’s negligence.
Our liability under these terms will not exceed the amounts paid to us for the relevant Order.
No action may be brought under any Order more than 1 year after the Order is terminated or the Products are delivered to the Customer, whichever is earlier, or if Wing Tai defaults, more than 1 year after the occurrence of such default.
The Customer shall indemnify Wing Tai for any costs incurred in enforcing any of these Terms.
Unless expressly stated, these Terms and the Customer’s use of this Website do not grant the Customer any intellectual property rights in the Website or its contents.
You shall not perform any act which is directly or indirectly likely to prejudice the rights, title, or interest of any rightful holders of the Intellectual property in this Website or its contents.
You shall not modify, adapt, translate, make derivative works, reverse-engineer any part of this Website, including its source code.
You shall not use or reproduce any trademarks associated with Wing Tai, our affiliates, or this Website.
Use of site
You shall not use the Website for any illegal or improper purpose.
Any information you provide must be true and accurate to the best of your knowledge.
If you create any user account on this Website, you undertake that any such user account will only be operated by yourself, you will not grant access of your user account to any other person, and will keep any passwords related to your user account strictly confidential.
We reserve the right to restrict access to this Website, and suspend or delete any user accounts which fail to comply with these terms, or misuse our Website or user account in any way.
Our Website may contain links to other websites and resources operated by third parties. These links are for your information only. We have no control over the content or information in those websites, and accept no responsibility for them or your use of those websites.
We may, from time to time, provide promotions, discounts, incentives, or other initiatives to users of this Website (“Promotions”). All Promotions are without prejudice to these Terms which continue in full force and effect, and we reserve the right to withhold or cancel any Promotions, and enforce these Terms.
These Terms and any Order shall be governed by the laws of Singapore. The Parties hereby submit to the non-exclusive jurisdiction of the courts of Singapore.
Neither these Terms nor any Order may be assigned without the consent of Wing Tai. Wing Tai may assign its rights under these Terms or any Order without the Customer’s consent.
Wing Tai may sub-contract its obligations under these Terms or any Order at any time.
Any notice required to be given under these Terms shall be made in writing and is deemed served upon transmission to (i) Customer’s contact details provided to Wing Tail; (ii) on delivery to Wing Tai’s registered address.
No waiver by any Party of any breach is valid unless made in writing. No waiver is considered a waiver of any subsequent breach. No failure to enforce any rights is a waiver of that right.
If any provision in these Terms is found to be unenforceable, these Terms will be modified to remove those provisions which are unenforceable, and the remainder of these Terms remain unaffected.
The Contracts (Rights of Third Parties) Act does not apply to these Terms or any Order.
|Change of Mind
||A Customer having a change of mind or being unsatisfied with a Product.
|Customer Service Team
||Wing Tai’s team which provides assistance and advice to Customers who order Products from Wing Tai, which you can contact through the Website
||A Product being damaged, wrong, or not conforming to the Order
||The address for delivery of Ordered Products provided by Customers to Wing Tai
||The fees for delivery of Ordered Products set out in Schedule 1
||The estimated time required to deliver Ordered Products set out in Schedule 1
||The total price of an Order including Product price, Delivery Fees and any other fees, after any Promotions, as informed by Wing Tai when an Order is made
||An order for Products made by the Customer to Wing Tai, which is subject to Wing Tai’s acceptance.
||An electronic mail issued by Wing Tai to Customers acknowledging and accepting an Order
||Products that are the subject of an accepted Order
||Products listed for sale on the Website
||Promotions, discounts, incentives, or other initiatives to users of this Website
||Customers with a registered account on the Website
||Specifications of Ordered Products, as set out in the relevant Product pages on the Website
||These terms and conditions
||The web site located at https://my.topshop.com/
Schedule 1 – Delivery Time , Fees, No delivery zones
||ESTIMATED DELIVERY TIME*
||West Malaysia: 4-8 Working Days
East Malaysia: 4-10 Working Days
*Please note that the delivery time commences from the time we accept the Order
|NET MERCHANDISE VALUE
||West Malaysia RM8
East Malaysia: RM10
|RM120 & Above
East Malaysia Includes
Sabah Postcode 88000 to 91309
Sarawak Postcode 93000 to 98859
No Delivery Zones*
The list of no-delivery zones can be found here.
*As the list is non-exhaustive and may vary from time to time, please reach out to our Customer Experience team at email@example.com for a detailed list of No-Go zones and their respective postal codes.
SCHEDULE 2 – NON REFUNDABLE PRODUCTS
Due to final clearance and hygiene concerns, the following products are Non-refundable Products*:
- Beauty products (hand creams and sets, sanitizers)
- e-Gift cards
- Lingerie sets (including women's shapewear and body shapers)
- Swimwear [only returnable with the original hygiene sticker]
*As the list is non-exhaustive and may vary from time to time, Customers should always refer to their Product Page to determine their item's return eligibility