Terms of Supply

These terms and conditions of supply (“Terms of Supply”) govern the sale of products by SWAP as the authorised distributor and fulfilment partner of various electronic products and/or related accessories (“Product”) through the SWAP Platform. Product specifications, descriptions, images, warranties and related information that may be provided by the respective manufacturers are subject to change from time to time.

General Terms
1. Please read these Terms of Supply carefully before submitting your order. By placing an order through SWAP Platform, you acknowledge that you have read, understood and agree to be bound by these Terms of Supply, Terms of Use, Shipping and Return Policy and/or any other applicable terms and conditions.
Eligibility
1. By placing an order through the SWAP Platform, you represent and warrant that you:-
  1. are legally capable of entering into a binding contract;
  2. are at least 18 years of age, (if you are under 18, your parent or guardian will need to purchase the Product from SWAP on your behalf);
  3. acknowledge that Products purchased through the SWAP Platform are only available for delivery within Malaysia;
  4. provide accurate, complete and up-to-date information with your order;
  5. will comply with all laws that apply to your use of the SWAP Platform and your purchase of the Product from SWAP; and
  6. have read and agreed to these Terms of Supply.
Order Confirmation
1. Your order constitutes an offer to purchase a Product in accordance with these Terms of Supply.
2. A contract between you and SWAP is formed only when SWAP issues an order confirmation to you.
3. Upon acceptance of your order, SWAP will send you an email confirming the details of your order.
4. The contract between you and SWAP incorporates these Terms of Supply, the Terms of Use and any other applicable terms and conditions published on the SWAP Platform.
5. SWAP may transfer, assign or sub-contract any of SWAP's rights or obligations under the contract without prior notice.
Order Rejection and Cancellation
1. SWAP reserves the right to refuse, reject or cancel any order at its sole discretion, if:-
  1. the Product is unavailable;
  2. the Product has been incorrectly priced, described or advertised;
  3. payment cannot be authorised or processed; or
  4. SWAP suspects fraudulent, unauthorised or unlawful activity.
2. If SWAP rejects or cancels your order, SWAP will notify you via email address that you have provided.
3. If your order is rejected or cancelled by SWAP, SWAP will contact you via contact details provided and refund any amounts paid by you within thirty (30) days of cancellation notice by SWAP.
4. You may cancel your order at any time before the Product is dispatched.
5. Once a Product has been dispatched, an order may not be cancelled except as expressly provided under these Terms of Supply, the Shipping and Return Policy or any other terms and conditions.
Payments
1. Payment for Products purchased through SWAP Platform must be made using one of the payment methods made available on the SWAP Platform. You must comply with any terms and conditions applicable to the selected payment method or payment service provider. SWAP shall not be responsible for any acts, omissions, delays, failures or errors of such third-party payment service providers, except to the extent required by applicable law.
2. You represent and warrant that all payment information provided by you is accurate, complete and up to date, and that you are authorised to use the selected payment method.
3. Additional terms and conditions may apply to specific payment services or transactions. It will be your responsibility to read and comply with all applicable payment-related terms and conditions.
Price of Product
1. The prices listed on SWAP Platform are subject to change at any time without prior notice.
2. All prices are in Malaysian Ringgit (RM) and are inclusive of Sales and Service Tax (SST).
Delivery
1. Delivery charges will be displayed during checkout and shall be payable by you. SWAP may, at its sole discretion, offer free shipping or other delivery promotions from time to time.
2. SWAP will use reasonable efforts to deliver the Product within the estimated delivery timeframe communicated to you. However, delivery dates and timing are estimation only and are not guaranteed.
3. Risk of loss and damage to the Product shall pass to you upon delivery to the address specified in your order.
4. Ownership of the Product shall pass to you only upon full payment of the Product.
5. SWAP shall not be liable for any delay arising from courier delays, public holidays, adverse weather conditions or circumstances beyond SWAP's reasonable control.
6. Upon delivery of the Product to you, you must inspect the Product and notify SWAP of any damage, defect or fault to the Product or discrepancies between the Product delivered to you and the Product that you have ordered.
7. You should contact SWAP to initiate a return of your Product within 7 days of receipt if:
  1. you become aware of the damage; or
  2. you become aware of the discrepancy between the Product you ordered and the Product delivered.
Returns
1. Returns and replacements eligibility relating to the Product shall be subject to the Shipping and Return Policy on the SWAP Platform, as amended from time to time.
2. Except as expressly provided under these Terms of Supply and the Shipping and Return Policy, you are not entitled for return, exchange or refund.
Product Warranties
1. Selected Product may be subject to its respective manufacturer warranty or an extended warranty programme offered by SWAP at swap-asia.com/ext-warranty.
2. Unless otherwise stated in Clause 9.1, SWAP does not provide any additional warranties, representations or guarantees in relation to a Product.
Limitation of Liability
1. To the full extent permitted by law, SWAP's maximum aggregate liability arising out of or in connection with the sale of a Product shall not exceed the purchase price paid by you for that Product or replacement with an equivalent Product, at SWAP's discretion.
2. SWAP will not be liable to you or any third party for any incidental, special, indirect, consequential damage or loss, including, but not limited to, damage or loss or loss of use, loss of time, inconvenience, commercial loss, lost profits, lost savings, lost revenues, lost business opportunities, damage to goodwill or reputation, or loss of data to the fullest extent allowed by law even if you or any third party has been notified of the possibility of such loss or damage.
3. SWAP will not be liable or responsible for any delay or failure to perform any of its obligations where such delay or failure results from circumstances beyond SWAP's control.
4. SWAP will have no obligation to defend or indemnify you and shall have no liability to you for any claims, damages, or demands arising out of breach of usage of the Products.
5. You shall indemnify and keep indemnified SWAP including its officers, directors, and employees fully at all times against all losses, actions, claims, expenses and liabilities whatsoever which SWAP may sustain or incur including the costs of defending any legal proceedings taken against SWAP (including legal expenses on a full indemnity basis) as a consequence of your breach of any of these Terms of Supply, misuse of the Product or breach of any applicable law.

General Provisions

These Terms of Supply shall be governed by and construed in accordance with the laws of Malaysia. The courts of Malaysia shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms of Supply
If SWAP fails to exercise any of the rights or remedies to which SWAP are entitled under these Terms of Use, Terms of Supply and/or any other applicable separate terms and conditions, this does not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
If any of these Terms of Supply is void, unenforceable or contrary to law, such provision shall be deemed to have been excluded from these Terms of Supply or amended to such extent to allow it to be enforceable. The remaining provisions of these Terms of Supply shall continue to be in full force and effect.
You agree to indemnify and hold harmless SWAP and its affiliates, officers, employees and agents from any claims, losses, liabilities, costs and expenses arising from:
1. your breach of these Terms;
2. misuse of the Platform;
3. infringement of third-party rights; and
4. breach of applicable laws
SWAP shall not be liable for any delay or failure to perform any obligation under these Terms of Use where such delay or failure results from events beyond its reasonable control, including acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, strikes, labour disputes, governmental actions, failures of telecommunications networks, power outages or cyber-attacks.
In these Terms of Supply:
1. “SWAP” means SWAP Logistics Distribution Sdn. Bhd. trading as SWAP;
2. “SWAP's Privacy Policy” means the privacy policy available at https://www.swap-asia.com/privacy-policy/, as amended from time to time;
3. “SWAP Platform” means any website, web application, mobile application, online marketplace, online store or digital platform owned, operated, managed or made available by SWAP, its affiliates or related entities;
4. “Terms of Use” means the terms and conditions governing access to and use of the SWAP Platform, as amended from time to time.
5. “you” or “your” means any person who accesses, browses, purchases products through or otherwise interacts with SWAP Platform.