1. Interpretation

1.1 In these Conditions:

"Buyer" means the person who purchases Goods on the Platform;

"Conditions" mean these Terms and Conditions of Sale;

"Contract" means the contract formed when Seller accepted the order placed by Buyer on the Platform for the purchase of Goods sold by Seller;

"Goods" means the goods made available for sale on the Platform, including any instalment of the goods or any parts for them;

“Mysmartgold” means Mysmartgold Bullion Sdn. Bhd. (Company No.: 970777-U), a company incorporated in Malaysia and having its registered address at Unit No. 15-3, Medan Klang Lama 28, Jalan Kelang Lama, 58000 Kuala Lumpur;

“Mysmartgold Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;

“Platform” means the mysmartgold.com.my website and/or the Mysmartgold mobile app;

“Seller” means a seller which uses the Platform and/or Services to sell Goods to the Buyers. Mysmartgold is the only “Seller” for the platform;

“Services” means the use of any services, information and functions made available by Mysmartgold at the Platform;

"Writing" includes electronic mail facsimile transmission and any comparable means of communication.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.

2. Basis of the Contract

2.1 The Platform provides a place and opportunity for the sale of Goods between the Buyer and the Seller (collectively “Parties”).

2.2 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by Mysmartgold and Mysmartgold has accepted the same, this shall constitute a Contract entered into directly between the Buyer and Mysmartgold.

2.3 Any information made available on the Platform in connection with the supply of Goods, including photographs, drawings,  appearance, dimensions, weight are not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.

3. Orders and Specifications

3.1 The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. Mysmartgold shall be entitled (but not obliged) to process such orders without further consent from the Buyer.

3.2 Mysmartgold do not provide delivery service. Buyer must self-collect their Goods at Mysmartgold office.

3.3 Order acceptance and completion of the Contract between the Buyer and Seller will only be completed upon Mysmartgold issuing a confirmation of delivery of the Goods to the Buyer when the Buyer come to self-collect their Goods.

4. Price

4.1 The price of the Goods shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Mysmartgold in addition to the price.

4.2 In the event that a Goods has been mispriced on the Platform, the Seller reserves the right to terminate the Contract, in which Mysmartgold shall notify the Buyer of such cancellation by giving three days’ notice. The Seller shall have such right to terminate the Contract notwithstanding that payment has been charged to Buyer.

5. Terms of Payment

5.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. When Buyer places an order on the Platform, actual payment shall be only charged upon Seller’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to Mysmartgold.

5.2 The terms and conditions applicable to each type of payment, as prescribed by Mysmartgold on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:

5.2.1 Credit Card

Credit card payment option is available for all Buyers. Mysmartgold accepts all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyers are protected by industry leading encryption standards.

Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.

5.2.2 Debit Cards

Mysmartgold accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.

5.2.3 Online Banking

By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to a Mysmartgold account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Mysmartgold, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

6. Delivery/Performance

6.1 Mysmartgold do not provide delivery service. Buyer must self-collect their Goods at Mysmartgold office.

7. Return, Refund and Replacement of Goods

7.1 All Goods sold on the Platform is strictly NOT returnable and refundable and replaceable, no matter in what circumstances.

8 Cancellation/Termination

8.1 Buyer are not allow to cancel/terminate the Contract after placing the order.

All rates above shown are indicative only and may not be current market rates. For actual rates please contact Mysmartgold Sdn. Bhd. indicative rates are not applicable after office hours in Malaysia.

Price Disclaimer

Information and price contained in this website is for general information only. While we endeavour to keep the website up and running smoothly, we take no responsibility and make no representation or warranties of any kind about the completeness, accuracy, reliability, suitability or availability with respect to the website and the information it contain. The use of such contents of this website shall be at your own risk. In no event shall MYSMARTGOLD Bullion Sdn Bhd be liable for any loss or damage including without limitation, indirectly or consequential loss or damage, or any loss damage whatsoever arising from or in connection with the use of this website.