1.1  Us: We are SpeedXMoto and we own and operate this website.

 

1.2  Agreement: Your use of the Site is subject to these Terms of Use. By accessing our Site, you agree to these terms.

1.3  Site and Terms of Use updates: We may update our Site and these terms from time to time and may notify you of any changes we make, including any revisions to our Terms of Use. You can see when we last changed these Terms of Use by referring to the ‘Last updated’ statement above. Your use of the Site constitutes your acceptance of its Terms of Use.

1.4  Site availability: We make reasonable efforts to ensure the Site is available at all times. However, we cannot guarantee that the Site will always be free from errors or omissions. In addition, although we make reasonable efforts to update the information on our Site, we do not guarantee that the content on our Site is always accurate, complete or up-to-date.

1.5  Intellectual Property Rights: We are the owner or the licensee of all intellectual property in our Site, and all text, pictures, videos and other content published on it. You may not print or otherwise make copies of such content without our express permission.

1.6  Limit of Liability: To the maximum extent possible, we expressly exclude:

1.6.1     all conditions, warranties and other terms that might be implied by law into these Terms of Use; and

1.6.2     any liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Site.

This is a comprehensive limitation of liability that applies to all damages of any kind. Nothing in these Terms of Use is intended to exclude or limit any lawful liability, in particular your consumer or statutory rights that cannot be excluded. The Terms of Use do not exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

1.7  Bugs and Viruses: We do not guarantee that our Site will always be free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site.

1.8  Restrictions:

Your permission to use the Site is personal to you; you may not use the Site for commercial purposes. Your use of the Site is conditional on your compliance with the following rules of conduct. You agree you will not:

1.8.1        use the Site for any fraudulent or unlawful purpose;

1.8.2        use the Site to defame, abuse, harass, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;

1.8.3        misuse our Site by knowingly introducing malicious or technologically harmful programmes;

1.8.4        attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site;

1.8.5        falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site or express or imply that we endorse any statement you make;

1.8.6        modify, translate, reverse engineer, or disassemble any portion of the Site;

1.8.7        remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;

1.8.8        frame or mirror any part of the Site without our express prior written consent;

1.8.9        create a database by systematically downloading and storing Site content;

1.8.10      use any manual or automatic device in any way to gather Site content or reproduce or circumvent the Site without our prior written consent. Notwithstanding this, we grant online search engines limited permission to reproduce materials from the Site for the sole purpose of creating publicly available searchable indices.

1.9           Product images: the images of our products on the Site are for illustrative purposes only. Products may vary slightly from the images posted on the Site. We cannot guarantee that your computer’s display of the products’ colours is an accurate display.

1.10        Your links: You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.

1.11        Site Links: Where our Site contains links to other Sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those Sites or resources. We are not responsible for external sites or resources; your use of third party websites and resources is at your own risk. We may block any links to or from the Site.

TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS

Please read these conditions carefully before purchasing goods from us.  By ordering our goods, you agree to be bound by these terms and conditions.

1.1  OUR CONTRACT, PRICE AND PAYMENT

1.1.1.    Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. Please ensure that the information you provide during the order process is complete, true and accurate.

1.1.2.    The prices payable for goods that you order are as set out on our website. The prices are inclusive of VAT. speedxmoto.com will not be able to process VAT refunds for international customers.

1.1.3.    If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

1.1.4.    You will be required to pay extra for delivery.

1.1.5.    We take all reasonable care to ensure that the price of the product advised to you is correct. However, it is possible that, despite our efforts, some of the goods on our site may be incorrectly priced. If we discover an error in the price of the goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to buy the goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

1.1.6.    When you place an order to buy goods from us, you will be sent an automated e-mail by speedxmoto.com confirming receipt of your order and setting out the details of your order. This does not constitute an acceptance of your order. 

1.1.7.    We must receive payment of the whole of the price of the goods that you order before your order can be accepted.  Acceptance will be complete once we have received full payment from you and when you receive our Dispatch Confirmation E-mail. Any goods on the same order which have not been confirmed in a Dispatch Confirmation E-mail as having been dispatched do not form part of that contract. The acceptance of the order brings into existence a legally binding contract between us.

1.1.8.    All ownership, title and risk of loss or damage in the goods you have bought passes to you at the point and time at which such goods leaves our warehouse.

 

1.2.        RETURNS, CANCELLATIONS AND REFUNDS

1.2.1.    At speedxmoto.com we want you to be delighted every time you shop with us.

(a)          Exchange: The goods should be returned to us in the condition they were delivered to you. Exchanges are made subject to the availability of alternative goods and at the discretion of speedxmoto.com. If you wish to return goods please contact us within 14 days of the purchase.

(b)           Cancellation:

(i)              You may cancel your contract with us any time after entering into your contract up to the fourteenth day after the day on which the first of the goods come into your physical possession or a person (other than a carrier), as identified by you to us, takes possession of them. Cancelling your contract has the effect of ending the obligations between us subject to us reimbursing your costs and returning the goods to us in the condition in which you received them. If you wish to cancel your contract you must write to us at the following address: info@speedxmoto.com informing us of your name and address, confirming you wish to cancel and which goods you wish to cancel the purchase of.  If you have received the goods before you cancel your contract, you must return the goods to our contact address at your own cost and in the condition in which they were received.

(ii)             Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be credited to your account as soon as within 30 days of your order PROVIDED THAT you return to us any goods you received in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.

1.2.2.    Our returns policy does not apply to custom made goods a) supplied to your own specification or b) made to order based on specifications supplied by us.

1.2.3.    Please send any item(s) you intend to return in the original packaging to: Block E69-1, Platinum Walk, Jalan Langkawi,
53300 Setapak, Kuala Lumpur, Malaysia

1.2.4.    You must print out the “returns” email that we have sent you and enclose it within the box used for the returned goods.

1.2.5.    Unless agreed by us beforehand, we cannot accept returns if you deliver them to us by hand.

1.2.6.    We recommend that you use a recorded-delivery service

 

1.3.        AVAILABILITY OF GOODS

1.3.1.    All goods advertised on the site are subject to availability. If an item that you wish to order is unavailable, we shall inform you by telephone or e-mail.

1.3.2.    If we are unable to dispatch goods, we reserve the right to cancel your order and refund any payment taken without further obligation to fulfil your order.

 

 

1.4.        DELIVERY

1.4.1.    We will deliver your goods to the address you give us at the time of the order.

1.4.2.    Delivery will be made as soon as possible within 30 days of your order being accepted. Delivery times are based on standard working days (Monday to Friday).
Orders for next day delivery will be completed by 12pm. 

1.4.3.    Orders made on Friday will be processed on the following business day.

1.4.4.    Costs of any priority, express or courier services will not be refunded after booking.

1.4.5.    Once we begin the delivery process you will not be able to cancel any contract you have with us for additional services carried out by us (for example, gift wrapping).

1.4.6.    All parcels must be signed for and acknowledged on delivery. If no one is available to accept delivery, we will attempt another delivery and hold your parcel for up for 7 days. If we are unable to deliver after 7 days, we will consider the delivery as failed and your parcel will be returned to speedxmoto.com. On receipt of a failed delivery, speedxmoto.com shall refund the order value less the delivery charge.

1.4.7.    speedxmoto.com reserves the right to change the delivery service you choose if there are reasons preventing that service from delivering. If the delivery service we choose to use is typically cheaper than the service you originally selected, we will refund you the difference.

1.4.8.    It is your responsibility to notify us if you have not received your order within 21 days of receiving the estimated delivery date or our invoice, whichever arrives later. If you do not notify us within this time period we will assume you have received your goods and we shall have no liability to you.

1.4.9.    We reserve the right to reject requests for refunds for Next Day Delivery goods which have arrived late owing to unforeseen circumstances beyond our control, such as exceptionally poor weather conditions or customs delays.

 

1.5.        DEFECTIVE GOODS

1.5.1.    On receipt of your goods, please check them carefully for any defects. If you believe that any of our goods may be defective or of unsatisfactory quality, please notify us at info@speedxmoto.com within 10 working days of receiving the goods. We are not liable for any defective or poor-quality goods if you notify us after 10 working days of you receiving the goods. We ask that you take reasonable care of your goods while we investigate your claim. Please do not return any goods which you believe to be defective before contacting us.

1.5.2.    If you are returning goods from outside the Malaysia, you are responsible for the return postage costs and retaining proof of postage. If the goods are confirmed to be defective, we will reimburse you for reasonable return postage costs. If your entire order is faulty or damaged, the original delivery charge will be reimbursed.

1.5.3.    All claims against damage, loss or late delivery of your order must also be taken up by you with the post/parcel carrier service provider. speedxmoto.com will always look to help and may be able to offer advice on how to deal with your claim against any such post/parcel carrier service provider.

 

1.6.        LIABILITY

1.6.1.    We only supply our goods for private use. You agree not to use the goods for any commercial, business or resale purposes.

1.6.2.    If you notify a problem to us under Clause 5, you can ask us to a) replace or repair any goods that are damaged or defective, or b) refund you the value of your goods in whatever way we choose.

1.6.3.    If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable, that was not caused by any breach on our part, business losses and losses to non-consumers. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process..

1.6.4.    With regard to the Crash Replacement Scheme, speedxmoto.com’s total liability is limited to the amount set out in Schedule 1.

1.6.5.    Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

 

1.7.        ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS

We reserve the right to make changes to our policies and Terms and Conditions at any time. We will use reasonable endeavours to notify you of such changes. You will be subject to the policies and terms and conditions in force at the time that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

 

1.8.        EVENTS BEYOND OUR CONTROL

1.8.1 Force Majeure Event means any circumstance not in speedxmoto.com’s reasonable control including, without limitation:

(a) acts of God, flood, drought, earthquake or other natural disaster;

(b) an epidemic or pandemic including, but not limited to, severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) which causes COVID-19 (and any variation and/or mutation of such virus) or any other contagious disease, novel coronavirus (COVID-19) and in each case, any effects arising from or in connection with the same including, but not limited to, any actions, recommendations, announcements or restrictions, related to its subject matter (whether made by a government body, authority, public health organisation or other similar official body) which affect our performance under these terms;

(c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;

(d) nuclear, chemical or biological contamination, or sonic boom;

(e) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition;

(f) collapse of buildings, fire, explosion or accident; and

(g) interruption or failure of utility service.

1.8.2 Provided we have complied with clause 1.8.4 if (and to the extent that) we are prevented, hindered or delayed in or from performing any of our obligations under these terms by a Force Majeure Event, we will not be in breach of our contract with you or otherwise liable for any failure or delay in the performance of such obligations. The time for performance of such obligations will be deemed extended accordingly.

1.8.3. We shall:

(a) as soon as reasonably practicable after the start of the Force Majeure Event, notify you in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on our ability to perform any of the obligations under the terms; and

(b) use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of our obligations.

1.8.4. If a Force Majeure Event is prevailing or predicted at the date of your order we will be entitled to relief under clause 1.8.2 only if:

(a) at the date of your order, we had good reason to believe that we would be able to perform our obligations notwithstanding the Force Majeure Event; or

(b) prior to the delivery date, we had advised you in writing of any risk of us being affected by the Force Majeure Event.

1.8.5. If the Force Majeure Event prevents, hinders or delays the performance of our obligations for a continuous period of more than [4] weeks, you may cancel your order by giving [7] days’ written notice.