1.1 In these Conditions, the following terms shall have the respective meanings specified below unless the context otherwise requires:
“Buyer” means the person or legal entity identified in the Order as the purchaser of the Product.
“Conditions” means these Terms and Conditions of Sale.
“Contract” means a contract for sale between Seller and Buyer of the Product formed in accordance with Clause 3.1.
“Force Majeure Event” means any unforeseeable circumstances beyond the control of any party, which results in such party being unable to observe or perform its obligations, such circumstances shall include but not be limited to:
(i) Acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster;
(ii) Acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution;
(iii) Strikes or labour disputes (except strikes or labour disputes originating from such party’s agents, sub-contractors or suppliers);
(iv) Import or export regulations or embargo or any acts or measures or any intervention of any governmental or regulatory authority; and
(v) Epidemic, pandemic, global health emergency, quarantine restrictions, outbreak of disease or any travel/ movement restrictions or bans (including bans on non-essential travel) issued by the World Health Organisation or any governmental authority.
“Malaysia Airlines” means MALAYSIA AIRLINES BERHAD, [Reg. No. 201401040794 (1116944-X)] a company incorporated under the laws of Malaysia and having its registered office at 1st Floor, Administration Building, Southern Support Zone (SSZ) Kuala Lumpur International Airport-KLIA, 64000 Sepang, Selangor Darul Ehsan, Malaysia (which shall include its successors and assigns).
“Order” means an online order placed via the Platform by a Buyer for the Product in accordance with these Conditions.
“Parties” means the Buyer and Seller, collectively.
“Payment Card” means such form of charge card, credit card or debit card as may be stipulated on the Platform as being acceptable for payment for Product.
“Payment Card Company” means in respect of any Payment Card, the relevant company or companies controlling or administering payments for such Payment Card.
“Platform” means the Malaysia Airlines website and/or the Journify mobile application and/or any other mobile application developed and/or operated by Malaysia Airlines or its affiliate, agents, contractors and subcontractors (and the employees of those agents, contractors and subcontractors) (as amended from time to time) for the provision of offering or otherwise selling the Product to Buyer.
“Product” means the goods and/or services, in whole or part, made available for sale on the Platform.
“Return and Refund Policy” is defined in Clause 9.2.
“Seller” means a seller which uses the Platform to sell Product to Buyer.
1.2 Words using the singular or plural number also include the plural or singular number.
1.3 Any reference to a “person” or “entity” includes a reference to an individual, a sole proprietor, a partnership, an unincorporated association and a company.
1.4 Any reference to a “Clause” is to a clause of these Conditions.
1.5 The headings in these Conditions are inserted for convenience only and shall be ignored in construing these Conditions.
1.6 A reference to the word “include” or “including” shall not be construed as having any limiting effect.
- Application and effect
2.1 Malaysia Airlines is providing the Platform as a place and opportunity for the sale of Product between the Parties.
2.2 These Conditions shall govern the sale of the Product listed on the Platform to Buyer.
2.3 By ordering the Product and/or accepting delivery of the Product, Buyer agrees to be bound by and accepts these Conditions.
3.1 Where Buyer has placed an Order on the Platform for the purchase of Product sold by a particular Seller and upon acceptance of such Order by Seller, this shall constitute a Contract between the Parties. Malaysia Airlines is and shall not be a party to such Contract or any other contract between the Parties and accepts no obligations in connection with any such contract. Parties shall entirely be responsible for the contract between them, the listing of Products, warranty of purchase and the like.
3.2 The contents and/or materials on the Platform relating to the Product (including but not limited to articles, features, photographs, images, and illustrations) are offered for general information purposes only and shall not be intended for trading purposes in any way whatsoever. This information is non-binding and shall not be construed as advice. Buyer acknowledges that it does not rely on and waives any claim based on such representations or information so provided.
3.3 Malaysia Airlines does not warrant or make any representations, whether express, implied in law or residual, that the information made available on the Platform is current, accurate, complete, or error-free. In the event if the Product received by Buyer is materially different from the Product ordered and/or as described on the Platform, the applicable recourse under Clause 9 of these Conditions shall apply.
4.1 Buyer shall indicate the Product it wishes to order and the quantity required at the price specified by Seller by placing an Order on the Platform and providing all necessary information as may be required by Malaysia Airlines, including but not limited to delivery address and contact numbers. Buyer shall be responsible to ensure the accuracy of the Order and the requested information.
4.2 Order made by Buyer for one or more Product shall be deemed to be an offer made by Buyer to purchase such Product upon the terms of these Conditions and for the selected Product and quantities set out in the Order. All Orders shall be subject to acceptance by Seller, at their sole discretion, and completion of the Contract between the Parties will only be upon Seller issuing a confirmation of dispatch of the Product to Buyer. Each accepted Order by Seller shall constitute a binding Contract between the Parties upon the terms set out in these Conditions, the terms of the accepted Order and such other terms and conditions as Seller may impose as a condition of its acceptance.
4.3 Processing of payment made for an Order shall not in itself constitute acceptance of the Order by Seller, provided that where an Order is rejected by Seller for whatsoever reason, any payment made for such Order shall be reversed or refunded.
4.4 Malaysia Airlines is entitled to refuse or cancel any Order without providing any reasons to Buyer prior to the issuance of the confirmation of dispatch and Buyer sole remedy will be to receive a refund.
4.5 No modification or cancellation of a concluded Contract by Buyer is allowed unless with the prior written consent of Malaysia Airlines, and provided always that Buyer undertakes to indemnify Malaysia Airlines in full for any consequences resulting from such modification or cancellation.
4.6 Buyer warrants ordering Product for its own internal use only and not for re-sale or export purposes.
- Price and Payment
5.1 The price of the Product for sale shall be the price in the currency as stated on the Platform at the time which Buyer places and completes the Order. The price shall include the entire amount to be charged to Buyer, including but not limited to the applicable sales and services tax, goods and services tax, value added tax, tariffs, but shall exclude delivery charges. Buyer shall bear all shipping, delivery and handling charges, customs, import duties and postal clearance, as well as all applicable taxes at the prevailing rates.
5.2 Malaysia Airlines shall not be liable for any errors in the pricing or specification of Product ordered by Buyer that may appear on the Platform. The price payable by Buyer for all Product will be determined by the Seller at its own discretion and shall be at Seller’s current selling price on the date of receipt by Seller of the Order, which may or may not be correctly reflected on the Platform. In the event of any errors in the pricing or specification of Product on the Platform, Seller reserves the right to terminate the Contract, and Malaysia Airlines may, on behalf of Seller, notify Buyer of such cancellation.
5.3 Payment for the Product shall be made by Buyer in full using the following various payment methods available on the Platform only before physical delivery of Product. Cash or personal cheques will not be accepted. The following terms and conditions shall be applicable to each payment methods selected by Buyer: –
5.3.1 Payment Card – All payments via Payment Card are subject to the approval of the Payment Card Company and the relevant paying bank. Malaysia Airlines shall not be liable in any way if the Payment Card Company or the paying bank refuses to process or accept any Payment Card or Payment Card particulars for any reason.
5.3.2 Online Banking – Buyer shall transfer the total purchase price for the Product purchased (including any applicable taxes, fees, charges and shipping costs) to Malaysia Airlines’ account.
Malaysia Airlines may, in its sole discretion and at any time, refuse any of the above-mentioned payment methods and/or modify or discontinue, temporarily or permanently, any payment method without notice or giving any reason. Buyer may not claim against Malaysia Airlines for any failure, disruption or error in connection with the chosen payment method.
5.4 Malaysia Airlines shall not be held responsible for any losses which may arise from payments made directly to Seller or through payment methods apart from the available payment methods on the Platform.
5.5 In the event if Buyer fails to make payment or payment is cancelled or not received for any reason whatsoever, without prejudice to any other right or remedy available to Seller, Seller may at its discretion exercise the following until payment is made and received in full: –
5.5.1 reject the Order, suspend or cancel delivery of such Order;
5.5.2 cancel the Contract;
5.5.3 repossess the Product or if delivered, demand Buyer to deliver the Product to Seller; or
5.5.4 claim against Buyer for the full price of the Order as a debt.
5.6 All payments made on the Platform shall be made to Malaysia Airlines as Seller’s agent and operator of the Platform; and Buyer acknowledges and agrees that Malaysia Airlines is entitled to collect payments from Buyer on behalf of Seller.
5.7 Any bank charges or fees, if any, whether imposed by the remitting or receiving bank shall be borne by Buyer.
- Title and Risk
6.1 Risk in the Product shall pass to the Buyer upon delivery of the Product to Buyer.
6.2 Title in the Product shall not pass to Buyer until receipt by Malaysia Airlines of full and final payment for the Product and delivery of the Product to Buyer.
7.1 Subject always to Seller acceptance of the Order, delivery of the Product shall be made to the place of delivery as designated by Buyer and agreed by Malaysia Airlines and/or Seller, whichever applicable.
7.2 Any shipment, delivery or collection dates provided are estimates only and may subject to delay. The time for such shipment, delivery or collection shall not be of the essence and form part of the Contract. Malaysia Airlines shall not be liable for any loss, damage, cost, or expense for any failure to meet any given shipment, delivery or collection date, howsoever caused. If Order has not been delivered within a reasonable time, the Buyer may contact Malaysia Airlines using the “Contact Us” page on the Platform or any other communication platform made available by Malaysia Airlines on the Platform, as applicable.
7.3 Malaysia Airlines reserves the right to sub-contract all or any of its obligations for the shipment or delivery of the Product to any third party as it may without notice to the Buyer.
7.4 If an Order has already been shipped, no cancellation or refund will be permitted except in accordance with the Return and Refund Policy.
7.5 In the event if Seller failed to ship or deliver the Product per the Contract or within the reasonable time, upon written notice to Malaysia Airlines, Buyer may demand shipment or delivery within a reasonable period thereafter, failing which Buyer may entitle to terminate the Contract and claim a refund for the undelivered Product. If howsoever the Product is delivered to Buyer upon Buyer receipt of any refund as mentioned herein, Buyer shall immediately notify Malaysia Airlines and deliver the Product to Seller, failing which Malaysia Airlines and/or Seller, whichever applicable, may take the appropriate legal recourse against the Buyer for the Product, including the associated costs, fees, and expenses.
7.6 In the event if the purchased Product is damaged or lost during delivery, Buyer acknowledges and agrees that Malaysia Airlines shall not be held liable for any damage, expense, cost or fees arising therefrom and Parties shall engage the logistic service provider to resolve such dispute.
- Export control and restrictions
8.1 Products purchased or obtained under these Conditions may be subject to government import and export control laws and regulations. Buyer shall comply with all such laws and regulations.
- Acceptance, Returns & Refunds
9.1 Unless otherwise notified to the contrary in writing by Buyer to Malaysia Airlines within 14 days from the issuance of the confirmation of dispatch, the Product shall be deemed to have been accepted by Buyer as being in good condition and in accordance with the Contract.
9.2 Return and Refund Policy
9.2.1 Product sold on the Platform are not refundable. However, subject to these Conditions, Buyer may initiate the return and/or refund process by communicating with Malaysia Airlines using the “Contact Us” page on the Platform or through any other communication platform made available by Malaysia Airlines on the Platform, as applicable, in the following circumstances: –
- Undelivered Product by Seller pursuant to Clause 7.5; or
- Product received by Buyer that is not in good condition (defective, faulty or has physical damage not due to delivery) and/or not in accordance with the Contract (i.e. incomplete, or not according to the specification as ordered by Buyer, or materially different from the description as advertised or listed on the Platform); or
- Such other circumstances as prescribed by Malaysia Airlines on the Platform.
9.2.2 Notwithstanding Clause 9.2.1 above, return of any perishable Product are not allowed.
9.2.3 Buyer shall notify Malaysia Airlines immediately within three (3) days (i) upon expiry of the extended delivery date for undelivered Product as specified in Clause 7.5 herein; or (ii) upon receipt of the Product referred to in Clause 9.2.1 (b) and (c) hereto. Notification received after three (3) days will not be entertained.
9.2.4 Upon Seller’s instruction, Buyer may return the Product to Seller, or any other entity as directed by Seller, by courier or any other mode of delivery as directed by Seller, in its original condition and original packaging, unworn and/or unused, and accompanied by proof of purchase within 14 days of receipt, or any other period as directed by the Seller per its exchange policy, whichever applicable, detailing the reason for return. Upon safe receipt of returned Products, it will be checked by Seller, or any other entity as appointed by Seller, and will in its discretion either exchange the Product according to its exchange policy or refund the Product.
9.2.5 To the extent permissible, Buyer’s remedy for returned Product due to circumstances referred to in Clause 9.2.1(b) and (c) hereto will be an exchange of Product according to Seller exchange policy, or if an exchange is not commercially reasonable, a refund may be offered. For any refund, Malaysia Airlines or Seller, whichever applicable, will refund the cost of such Product only to Buyer’s Payment Card account or Buyer’s designated Bank Account, whichever applicable, and will not refund or reimburse any postal, shipping or handling costs. All purchases on the Platform using any form of vouchers are non-refundable and non-exchangeable. Malaysia Airlines will not entertain any requests for refunds which do not comply with the above conditions.
9.2.6 For avoidance of doubt, this clause (Return and Refund Policy) shall not be applicable to Product that is damaged or lost during the course of delivery, in which case, Clause 7.6 of these Conditions shall apply.
9.2.7 Malaysia Airlines reserves the right to refuse any claims under the Return and Refund Policy if:
- The claim does not meet any of the conditions, or falls within any of the exclusions, under the Return and Refund Policy; or
- The defect is the result of:
(i) improper use or mismanagement by Buyer;
(ii) operation of the Products other than in accordance with the operating manual or instructions;
(iii) use of the Products in a manner not reasonably contemplated by Malaysia Airlines and/or Seller;
(iv) modification of the Products not authorised by Malaysia Airlines and/or Seller;
(v) subjection of the Product to unusual or unrecommended physical, environmental or electrical stress; or
(vi) Buyer’s failure to comply with any terms of these Conditions.
9.3 If there is any inconsistency between the Return and Refund Policy and the Seller own exchange policy relating to its Product, the terms and conditions of the Seller’s exchange policy would prevail followed by the Return and Refund Policy.
9.4 Malaysia Airlines makes no warranty in respect of any Product, and Malaysia Airlines Return and Refund Policy is in lieu of all other warranties express or implied, including any implied warranties of merchantability, satisfactory quality, compliance with description and fitness for a particular purpose. Malaysia Airlines sole liability for defective or non-compliant Product is limited to the Return and Refund Policy.
10.1 Malaysia Airlines Journify2U pre-flight order (hereinafter referred to as “Journify2U Order”) service is available for Buyer purchasing selected Product for passenger departing for domestic flights from Kuala Lumpur International Airport (KUL) only.
10.2 For any purchase with Journify2U Order, Buyer is to provide the details of the passenger who will be receiving the Product, including its mobile phone number, Passenger Name Record (PNR), and flight details (i.e. flight number and date). Buyer shall ensure that the information provided are accurate, failing which Malaysia Airlines shall not under any circumstances be liable for any loss or damages if Malaysia Airlines is not able to deliver the purchased Product to the passenger.
10.3 Any Journify2U Order shall be made before 09:00pm (Malaysian Time) at least one (1) day prior to the passenger flight departure date. For any Journify2U Order made after the prescribed time and date, Malaysia Airlines offers no guarantee of any nature for the Product to be made available and/or delivered to the passenger as ordered, and Buyer sole remedy in the event of such non availability and/or delivery of Product is to receive a refund.
10.4 Buyer acknowledges and agrees that exceptional circumstances that is beyond the control of Malaysia Airlines and/or Seller such as (but not limited to) passenger “No-Show”, change of flight departure date and/or time, change of boarding gate, and/or operational requirements may hamper availability and/or delivery of purchased Product with Journify2U Order. In event of such exceptional circumstances, Buyer shall notify Malaysia Airlines immediately for an alternate arrangement on the availability and/or delivery of the Journify2U Order, if applicable. Under no circumstances should Malaysia Airlines Berhad be held liable for any loss and/or damage due to such exceptional circumstances, whether or not advised of the possibility of such loss and/or damage, and regardless of the theory of liability pursuant to which such loss and/or damage may be sought.
10.5 Upon receiving purchased Product with Journify2U Order, the passenger shall be required to acknowledge receipt by signing the acknowledgment receipt which will be handed by Malaysia Airlines’ representative. If the Product received by the passenger is not in accordance with the specification as ordered by Buyer, Buyer may request for a refund and Clause 9.2 of these Conditions shall apply.
- Enrich Loyalty Programme
11.1 All purchase transaction by Buyer on the Platform may earn and/or be rewarded with Enrich Points under Malaysia Airlines’ loyalty programme that offers various benefits and incentives to Buyer.
11.2 Unless otherwise specifically stated by Malaysia Airlines on the Platform or any other means of communication available, Buyer, as the Enrich Member, may earn one (1) Enrich Point for every Ringgit Malaysia Four (MYR4.00), or the currency equivalent, spent on selected Product purchased on the Platform. These Enrich Points will be earned on the selected Product spending only, excluding any delivery charges as well as taxes, where applicable.
11.3 The applicable Enrich Points may be credited, if eligible to the Enrich Member’s Account within 6-8 weeks, unless specified otherwise.
11.4 If a Product is refunded per the terms of these Conditions, the applicable Enrich Points credited will be forfeited and/or deducted from the Enrich Member’s account.
11.5 Enrich Points can only be earned by the Enrich Member who signs in into its Enrich Member’s Account and makes the purchase of Product on the Platform. These Enrich Points is not transferable, nor can it be earned by another Enrich Member.
11.6 Malaysia Airlines has the absolute right to cancel the Enrich membership account of the Buyer and/or nullify any claim for Enrich Point without any notice to the Buyer if such Buyer has attempted to undermine the Enrich system in any way whatsoever, including but not limited to fraud, cheating or deception.
11.7 Buyer shall settle any claim, dispute or question arising in connection with the Enrich Points directly with Malaysia Airlines. Should any dispute arise, the decision by Malaysia Airlines will be final. Malaysia Airlines reserves the right to forfeit the Enrich Points based on its sole and absolute discretion.
11.8 Malaysia Airlines reserves the right to change these terms and conditions of Enrich Loyalty Programme, including the amount of Enrich Point awarded for each purchase spent in the currency as stated on the Platform at any time and without further notice.
11.9 For full details on Enrich program terms and conditions, please visit www.malaysiaairlines.com/enrich
11.10 Other general Enrich Terms and Conditions apply.
12.1 In no event shall Malaysia Airlines be liable to the Buyer or any third party for any indirect, special, consequential, exemplary or punitive loss or damage for any breach of these Conditions, including but not limited to loss of profits, loss of business or goodwill, loss of use, or any claim by any third party, even if Malaysia Airlines has been advised of the possibility of such loss or damage or if such loss or damage were reasonably foreseeable.
12.2 The total liability of Malaysia Airlines to the Buyer for any and all claims whether by the Buyer or by any other person and howsoever arising in connection with or arising out of the sale, supply, delivery possession, replacement or use of a Product or resulting from the breach of Contract (if any) and/or these Conditions by Malaysia Airlines shall not in any event exceed the price of the Product giving rise to such claims.
12.3 In the event if several events give rise substantially to the same loss, they shall be regarded as giving rise to only one claim under these Conditions.
13.1 The exclusions and limitations described herein shall apply only to the extent permitted by law, without prejudice to Malaysia Airlines rights to seek legal redress in accordance with the applicable laws.
- Force Majeure
14.1 Malaysia Airlines shall not be liable for or be deemed to be in breach of these Conditions and/or the Contract by reason of any failure in performing any of its obligations under these Conditions and/or the Contract during any period in which performance is hindered by any Force Majeure Event.
14.2 Malaysia Airlines shall notify the Buyer of any delay or failure arising through any Force Majeure Event and shall use its best endeavours to remedy the situation.
14.3 The performance of any obligation suspended while Force Majeure Event is operative shall be resumed as soon as such Force Majeure Event ceases.
14.4 In the event that Force Majeure Event continued for a period of fourteen (14) consecutive calendar days from the date of notice, Malaysia Airlines shall be entitled to terminate these Conditions at any time by giving written notice to the Buyer.
15.1 Malaysia Airlines reserves the right to change these Conditions without prior written notice at any time, at Malaysia Airlines’ sole discretion, by posting a copy of the amended Conditions on the Platform. If Buyer uses the Platform after incorporation of the amended Conditions, Buyer is deemed to have accepted such variation. If Buyer do not accept the variation, Buyer must stop access or using the Platform and terminate these Conditions.
15.2 Any attempt to modify, supplement or amend these Conditions by the Buyer will be null and void, unless expressly agreed to in writing by Malaysia Airlines.
- Applicable Law and Jurisdiction
16.1 These Conditions shall be governed and construed in accordance with the laws of Malaysia, and the courts of Malaysia shall have exclusive jurisdiction to adjudicate any dispute which may arise in relation thereto.
- Contract Dispute
17.1 In the event of any dispute, controversy or claim arising from or relates to the Contract, Buyer must exhaust all legal avenues against Seller prior to bringing a claim against Malaysia Airlines.
- Entire Agreement
18.1 These Conditions constitute the sole record of the agreement between Buyer and Malaysia Airlines in relation to the sale and supply of the Product. Neither Buyer nor Malaysia Airlines shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein.
18.2 Unless otherwise specifically stated, these Conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between Buyer and Malaysia Airlines in in relation to the sale and supply of the Product.
19.1 Any term or condition which is inconsistent with or in addition to these Conditions shall not be applicable or binding on Malaysia Airlines, unless otherwise agreed in a written agreement signed by Buyer and Malaysia Airlines, and any failure by Malaysia Airlines to object shall not be considered a waiver of these Conditions.
- Correction of Errors
20.1 Any typographical error, inaccuracies, or omissions that may relate to product description, pricing, availability and contents on the Platform shall be subject to correction without any notice and liability on the part of Malaysia Airlines.
21.1 If any provision of these Conditions is held invalid, unenforceable or illegal for any reason, these Conditions shall remain otherwise in full force apart from such provision, which shall be deemed, deleted.
22.1 No failure on the part of Malaysia Airlines to exercise, and no delay on its part in exercising, any right or remedy under these Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
23.1 Malaysia Airlines shall have the absolute full rights and be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
23.2 Buyer shall not assign or otherwise transfer any of its rights and obligations hereunder, whether in whole or in part without the prior written consent of Malaysia Airlines. Any such unauthorised assignment shall be deemed null and void.
24.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Malaysia Airlines, to its registered office and if to the Buyer, to the address provided in the Order.
25.1 Malaysia Airlines may, without prior notice to you, immediately terminate these Conditions. The termination however shall not affect or prejudice any previously accrued rights or liabilities.
25.2 In the event if you are dissatisfied with these Conditions or with any terms, conditions, rules, policies, guidelines, or practices of Malaysia Airlines, your sole and exclusive remedy is to discontinue using the Platform and/or the services provided therein.
Updated: 9 July 2021