Terms and Conditions for Merchant Stimulus ( For MSS Mall Merchants )

MSS Mall Terms of Service

Welcome to MSS Mall. 

MSS Mall is a marketplace by MSS where Buyers will be able to enjoy the rights and privileges described in these MSS Mall Terms of Services (“Terms”) when purchasing items on MSS Mall from any participating Sellers. If you are a Buyer, you will be deemed to have consented to these Terms when you make purchases on MSS Mall.  Similarly, if you are a Seller, you will be deemed to have consented to these Terms by your continued participation in MSS Mall.  These Terms supplement all other MSS Policies.

Please read these Terms carefully. These Terms govern your use and access of MSS Mall as a seller and is agreed between you (“Seller”, “you”, "your") and the MSS Mall marketplace entity (individually, together, and collectively referred to in these Terms as “MSS Mall”, “our”, “we”, “us”) based on the country in which you register and/or elect to use a Service on the date (“Effective Date”) you click the “I have read and understood” button or any other similar button to complete your online sign-up process to become a seller on the Platform.

BY REGISTERING FOR, USING AND CONTINUING THE USE OF THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, AND ALL POLICIES ARE INCORPORATED BY REFERENCE.

MSS Mall reserve the right to revise, change, modify, alter or amend these Terms at any time without prior written notice. Please visit this page regularly to review for the latest and/or current terms. Your access or use of the features and services of MSS Mall will be deemed as an irrevocable acceptance of such revisions, changes, modifications, alterations or amendments.

  1. MSS Mall Mall Refunds and Return Policy
    1. Buyer may apply for a refund and/or return of a Product purchased on MSS Mall by completing the return/ refund slip attached to the parcel (the “Return Air Waybill”) and returning the Product to Seller at any time within fifteen (15) calendar days after the date that Product was first made available for Buyer to take delivery (the “Free Return Period”). Usually, that date would be the date Buyer received delivery of the Product; however, if Buyer did not receive the Product because of Buyer’s absence from the destination address or Buyer’s failure to input the proper destination address, that date would be the date on which delivery attempt was first made.

    2. Please note that Buyer must ship the Product to a location designated by Seller within three (3) days after the return request is raised and no later than the last day of the Free Return Period.  When returning the Product, Buyer must affix or otherwise include the Return Air Waybill.  The Return Air Waybill will be contained in the Product package delivered to Buyer.  The Return Air Waybill will also contain the return address to which the Product must be returned.  All Products that are returned must be returned via Pos Laju or a courier designated by Seller by no later than the last day of the Free Return Period.  Seller reserves the right to reject any application where the Return Air Waybill was completed after the Free Return Period or the Product was dispatched later than seven (7) days after the return request is raised (even if the Return Air Waybill was timely completed).

    3. The approval of your request for refund and return will be made by Seller in its sole discretion after reviewing your completed Return Air Waybill and inspecting the condition of the Product that was returned.  The Product that was returned to Seller must be, at a minimum, in the following conditions:

      • New and sealed condition;
      • Complete, with all items included in the purchase; and
      • With original product packaging and price tags.

      If any additional conditions apply to a certain Product, MSS Mall will inform you via the Site, SMS or email.  The conditions for the Products subject to return are referred to as the “Return Conditions”.

    4. In addition, please note that certain types of Products may be excluded from the Refunds and Return Policy described in these Terms, including:

      • Digital goods, such as mobile top-up cards, audio or video recording or software;
      • Goods that are perishable or may otherwise deteriorate or expire rapidly, such as groceries; and
      • Goods that are not suitable for return due to health protection or hygienic reasons, such as earrings, cosmetics, swimwear, undergarments; and
      • Items sold by non-MSS Mall sellers.

      If any Product is excluded from the Refunds and Return Policy described in these Terms, MSS Mall will make reasonable efforts to publish that information on the Site or otherwise inform the Buyers; however, please note that our policies may change without notice at any time and certain Products may be subject to exclusion after Buyer has purchased them.  Any Product that is subject to exclusion from the Refunds and Return Policy described in these Terms is referred to as an “Excluded Item”.

    5. MSS Mall reserves the right to (a) add to or otherwise amend the list of Excluded Items and/or the Return Conditions and (b) amend, terminate or suspend the Refunds and Return Policy described in these Terms (including the length of the Free Return Period), in each case, at any time at its sole discretion.

    6. Seller may reject in its sole discretion any returned Product (and the related request for refund and return):

      • that is an Excluded Item;
      • that does not meet the Return Conditions;
      • if the Return Air Waybill relating to such returned Product was completed after the expiration of the Free Return Period; or
      • if the Product was returned in a manner that does not comply with Section 1.2 above.

      Please note that Seller’s determination will be based on the list of terms of conditions in effect at the time of such determination (including the list of Excluded Items, the Return Conditions and the Free Return Period), and therefore pursuant to Section 1.5 above, such list of Excluded Items, the Return Conditions and/or the length of Free Return Period may be different from those in effect at the time Buyer has completed the Return Air Waybill and/or returned the Product.

      If Seller rejects a request for refund and return, Seller will organize the delivery of such Product to the relevant Buyer’s address to which the Product was originally delivered, and Seller shall be entitled to seek compensation from such Buyer for any costs incurred in delivering the Product back to such Buyer.

    7. MSS Mall reserves the right to terminate a Buyer’s access to MSS Mall if it suspects any abuse of the Refunds and Return Policy described in these Terms, if MSS Mall deems appropriate, may also impose penalties (including recovery of any fees or charges incurred as a consequence of such abuse).

  2. Mall Seller Terms and Conditions
    1. If you are a Seller, you should have received a separate written notification from MSS informing you of your selection to participate in MSS Mall.  If you decide not to participate in MSS Mall at any time, please inform MSS in writing; otherwise, you will be deemed to have elected to continue your participation in MSS Mall and consented to the terms and conditions set out in these Terms.

    2. Each Seller undertake, represent and warrant that the Product(s) it offers on MSS Mall and actually delivered to Buyer

      • the Products are of merchantable quality, fit for their purpose, free from defects, and conform to their listed specifications;
      • the Products and their offer for sale are not prohibited and comply with applicable laws (including all minimum age, marking and labelling requirements, product warranties, specifications and performance criteria) and conform with the Policies;
      • you will include all legally required documentation in relation to the Products (including warranty card, warranty information and invoice) and update the same when legally required, and shall provide MSS Mall and/or Buyer any such document upon request;
      • you have full unencumbered title in the Products and in any materials incorporated in the Products and all the Products are supplied free of all liens, charges or other security interests;
      • the Products are not
        • Prohibited and Controlled Products;
        • Inadequate Product;
        • expired (or soon to be expired) Products; or
        • counterfeit Products;
      • you shall provide MSS Mall with any documentation and information supporting your right to sell the applicable Products, including the right, license and/or permit to sell such Products, any documentation giving you the right to distribute the Products, and if needed, the notarized copy, invoice or other proof thereof at your cost;
      • in case of sale of refurbished Products, imported Products, white label Products, or non-OEM Products, you must comply and strictly follow MSS Mall’s specific content requirements and the specific guidelines defined for such Products on the content production manuals; and
      • you shall comply with standard operating procedures, import procedures, weight restrictions, size restrictions and other shipping and packaging requirements under the Policies and/or applicable law.

      Each Seller understands and agrees that it will be responsible for any non-conformity or defect in, or any public or private recall of, any of Items, and will hold MSS harmless from any losses relating to the foregoing.

    3. If you are found to have offered or sold any Product on MSS Mall that violates the aforementioned,  MSS reserves the right to, at its sole discretion, remove the offending Product(s) from MSS Mall, and execute refunds (and any adjustments) to Buyers who have purchased such Product, in which case Seller agrees to reimburse MSS for all such refunds (including any related costs and charges) and authorises MSS to deduct such amounts from any amounts payable to you or take such other action as deemed appropriate by MSS at its sole discretion.
  3. MSS Mall 100% Authentic Product Policy
    1. All products listed by Sellers must be 100% authentic.

    2. Counterfeit products are prohibited from being listed in MSS Mall.  The term “counterfeit” encompasses a product that was made in exact imitation of an existing brand with the intention to deceive or defraud and may include, but is not limited to:

      • A product that violates any local country laws in which they are sold;
      • A product that is a fake or a replica of an existing official product;
      • A product that has never been produced by a specific brand;
      • A product that is significantly under-priced;
      • A product containing a registered trademark on the product, the packaging or anywhere related to the product without the authorisation of the trademark owner;
      • A product that contains specific design elements (e.g. cartoon characters or colourways) protected by a trademark; without the authorization of the trademark owner;
      • A product that bears such similarities with other products (e.g. a replica of a branded item with or without altered logos) without the authorization of the trademark owner;
      • A product that has no visible trademark on the product image on the listing, but the delivered product includes a trademark; and
      • Usage of a photo on the listing that contains the trademark of a brand.
    3. Original equipment manufacturer (“OEM”) brands are permitted as long as no official brand logo is displayed on any OEM product image and no official brand name is stated in any part of the product information.

    4. If requested by MSS Mall, the Seller shall promptly provide documentation to MSS Mall that proves (to MSS’s reasonable satisfaction) the authenticity of the Product including, but not limited to, manufacturer sales invoices, authorized distribution agreements and/or certificates of authenticity (“Proof of Authenticity”).

    5. If the Seller fails to provide Proof of Authenticity, the Seller shall:

      • accept the return of the Product from the Buyer;
      • refund to the Buyer the amount that the Buyer paid for the Product or, where MSS has already refunded this amount to the Buyer, the Seller shall refund such amount to MSS;
      • be liable to compensate MSS Mall for such other costs, expenses, losses and liabilities suffered or incurred by MSS Mall (including, but not limited to, loss of goodwill) as determined at MSS’s sole discretion.
    6. In the event that MSS Mall determines, at its sole discretion, that Seller has violated Section 3, MSS Mall may take all appropriate measures, including but not limited to removing the counterfeit Product listing from the Site, prohibiting the publication of the same or similar goods and/or restricting, suspending or terminating the Seller's MSS Mall account and/or access to MSS Mall.  Seller's obligations and liabilities under these Terms will not be affected by the restriction, suspension or termination of the Seller’s account.

  4. MSS Mall Commission Fees
    1. MSS charges a fee for all successful transactions completed by Sellers on the Site (“MSS Mall Commission Fee”). The MSS Mall Commission Fee is borne by the Seller, and is calculated as one percent (1%) of the Gross Settlement Price, rounded up to the nearest cent. The Gross Settlement Price for a Product is the Buyer’s Purchase Monies for that item, plus any MSS rebate, voucher and/or coins applied to such item by the Buyer. For the avoidance of doubt, the categorization of a product shall be at MSS’s sole and absolute discretion.  The MSS Mall Commission Fee is subject to SST (“MSS Mall Tax Amount”), and the Mall Seller is responsible for such MSS Mall Tax Amount.

    2. Following the successful completion of a transaction, MSS shall deduct the MSS Mall Commission Fee and the MSS Mall Tax Amount from the Buyer’s Purchase Monies, and remit the balance to the Seller. MSS shall issue receipts or tax invoices for the MSS Mall Commission Fee and MSS Mall Tax Amount paid by Seller on request.