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LivingSocial Malaysia (更新在 32楼）
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本人在LivingSocial Malaysia 购买的东西( 五月尾)预计交货周期在2014年6月21日 - 2014年6月30。 但是到现在都没有收到我的货物但是LivingSocial Malaysia 电邮通知本人因商家无法履行我的订单所以只能取消并提供让全额退款代替/返还全额退款,而不是替代。
LivingSocial Malaysia 的条款和条件也注明它们有权利取消订单 (七天确认无误后), 但是LivingSocial Malaysia 告知是因为它们的商家问题及LivingSocial Malaysia 网站 也列明商家责任 "由于优惠券的发行人，商人应完全负责任何及所有损失，伤害，疾病，伤害，索赔，或就客户所蒙受的负债和费用，造成全部或由商家或产品的一部分和服务，以及从赎回或部分赎回优惠券所产生的任何无人认领的财产承担责任". 本人要我的东西而不是退款代替, 那马来西亚消费者索赔的法庭 (Tribunal for Consumer Claims Malaysia)能为本人取公道吗?
有谁有这经验吗?
Terms and Conditions
Welcome to LivingSocial. The following terms and conditions are the terms on which you may (i) access and interact with our website www.LivingSocial.com in Malaysia (the “Site”), whether as a visitor or a registered user; (ii) access and interact with our Services (as defined below); (iii) purchase a LivingSocial Deal (as defined below); and/or (iv) purchase from http//www.livingsocial.com/products/malaysia (“LivingSocial Malaysia Shop”). Please read these terms and conditions carefully before you start to use the Site and/or the Services. By using the Site and/or the Services, you indicate that you accept these terms and conditions and that you agree to abide by them. If you do not agree to these terms and conditions, please refrain from using the Site and the Services.
Additional Terms And Conditions Apply When You Are Purchasing A Deal Or Purchasing From LivingSocial Malaysia Shop. In addition, please see our Privacy Policy (published at www.livingsocial.com/privacy_policy) which describes how we use information about you.
The Site (as it relates to Malaysia) and the LivingSocial Malaysia Shop is operated by Integrated Methods SDN BHD, a company registered in Malaysia with company registration number 600317-V and with registered offices at 27-6 The Boulevard, Mid Valley City, Lingkaran Syed Putra, 59200 Kuala Lumpur, Malaysia, referred to in these terms and conditions as “LivingSocial,” “we,” “us” or “our.” Our e-mail address is [email protected] and our customer helpline is 03-229 73388.
The term "you" in these terms and conditions refers to the person accessing or using the Site or our Services or purchasing a Deal or purchasing from the LivingSocial Malaysia Shop, or the company or organisation on whose behalf that access or that purchase is made.
Our Services When you sign up to receive LivingSocial emails, we will send emails to the email address you have given featuring the deals for the cities/markets you have indicated you wish to receive updates on, unless and until you tell us, via your Account settings or by clicking the ‘unsubscribe’ link provided on the emails, that you do not wish to receive those emails (“Deal Emails”).
Within the Site, visitors may take advantage of various facilities, including (but not necessarily limited to):
(collectively and individually, the “Sharing Tools”).
The Deal Emails and the Sharing Tools are together and individually our “Services”.
General Rules Of User ConductIt is our goal to make the use of our Site and Services a good experience for all of our users, so you agree not to do any of the following:
- conduct or promote any illegal activities while using the Site or Services;
- use the Site and/or the Services for any purpose other than your own personal, non-commercial, use;
- use the Services (in particular, the Sharing Tools) in a way which will cause harassment, distress or upset to other persons, or which reflects negatively on LivingSocial (or the Merchants);
- distribute anything that may be harmful to children;
- attempt to reverse engineer or jeopardise the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
- attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
- upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- use the Site or Services to generate or distribute unsolicited electronic communications or spam;
- use the me+3 scheme in any way which is dishonest or fraudulent;
- use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site or Services;
- impersonate another person whilst using the Site or the Services;
- copy or distribute any content of the Site in any medium (other than via the Sharing Tools, used in accordance with these terms and conditions) without LivingSocial's permission; nor
- use LivingSocial to collect any personal data, including but not necessarily limited to names and/or email addresses.
Links To Third Party SitesWe don't have control over websites that LivingSocial may link to. LivingSocial may contain links to third party websites that are not owned, operated, or controlled by LivingSocial. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party website. By using LivingSocial you expressly relieve us from any and all liability arising from your use of any third party website.
LivingSocial Deals And LivingSocial Malaysia Shop: Additional Terms LivingSocial provides consumers with opportunities to purchase:
- products and services from third businesses ("Merchants") with a time limited promotional added value (a"Deal"); and
- products offered for sale through the LivingSocial Malaysia Shop.
LivingSocial Malaysia Shop These terms and conditions (together with the fine print listed against each item in the LivingSocial Malaysia Shop) govern your purchases from the LivingSocial Malaysia Shop. Please read these terms and conditions carefully and make sure that you understand them, before placing an order with LivingSocial Malaysia Shop. You should understand that by placing an order with the LivingSocial Malaysia Shop, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1. How It Works The LivingSocial Malaysia Shop offers you great products, which are available for a limited period and for a discounted price.
All LivingSocial Malaysia Shop promotions are limited in terms of time and stock and all orders are subject to availability. Due to the nature of our business, we do not hold the item in stock. Instead, we would have reserved the items with our supplier for the duration of the promotion and only ordered it from our supplier at the end of the sale and therefore we may have to wait to receive items from our suppliers.
The products listed in the LivingSocial Malaysia Shop are for sale solely in Malaysia. Unfortunately, the LivingSocial Malaysia Shop cannot accept orders from or deliver to addresses outside Malaysia.
After placing an order with the LivingSocial Malaysia Shop, you will receive an e-mail from us acknowledging that we have received your order. This does not mean that your order has been confirmed or accepted. Your order constitutes an offer by you to purchase the item(s) you have ordered. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you a further e-mail confirming when your order has been shipped (a “Shipping Confirmation”). The contract between us and you (the “Contract”) will be formed when we send you a Shipping Confirmation. We will notify you if for any reason we do not accept your order, or any part of it (in which case we shall not take payment from you in respect or the cancelled order, or the partially cancelled order). The circumstances where we may not accept your order include:
- where the item you have ordered is no longer available in stock;
- where your payment has not been authorised;
- where we have identified a pricing or product description error; and/or
- where you have not complied in any way with these terms and conditions.
The Contract will relate only to those items the shipment of which we have confirmed in a Shipping Confirmation. We will not be obliged to fulfill any other item(s) which may have been part of your order, unless and until the shipment of such item(s) has been confirmed in a separate Shipping Confirmation.
You are required to create an account in order to purchase from the LivingSocial Malaysia Shop. An account is required so we can collect information to allow you to pay for your purchase and provide you with easy access to view your past purchases and modify your preferences.
The Contract will be concluded in English, and the details of your specific Contract will not be filed by LivingSocial.
2. Cancellation All purchases through LivingSocial Malaysia Shop are final and the products are non-returnable unless there is a fault identified within 7 days of item receipt in accordance with paragraph 3, Product Faults, below. There will be no refunds issued after 7 days of receipt of product. Any returns after 7 days are handled on a case-by-case basis. Within reason, we will do what we can to ensure customer satisfaction.
To exercise your right of cancellation, follow the below Refund Process. Provided you cancel your purchase via your LivingSocial Account or contact us in in the case of wrong items or faulty items within 7 days of item receipt through LivingSocial Malaysia Shop, we will be happy to issue a refund for the price you had paid for the product.
Refund Process - Call us at 03-229 73388 or email us at [email protected] within 7 days of receipt of product to approve your return
- Return approved product back to LivingSocial Malaysia office, LivingSocial provides RM6 deal bucks for return shipping fee
- After we confirm receipt of returned product, a refund will be made with deal bucks or credit card within 14 working days
Where you have cancelled a Contract (in full or in part), we will refund the full price you had paid for the cancelled item(s), including the LivingSocial delivery charge (if any). Please note though that, if you are cancelling only certain items under a Contract, we will not refund the LivingSocial delivery charge to the extent that that charge would have applied to the non-cancelled items. We will endeavour to process the refund due to you as soon as possible and, no later than 30 days from the day on which you gave us notice of cancellation.
3. Product Faults In the event that an item you have purchased from LivingSocial Malaysia Shop is faulty, not as described, or not fit for purpose (a “Fault”), please contact us within 7 days of receipt of product at [email protected] or 03-229 73388 with full details, including which item the Fault relates to, the date when you purchased the item from LivingSocial Malaysia Shop and the corresponding order number, and the nature of the Fault. LivingSocial reserves the right to make the determination as to whether a Fault exists with the product.
4. Delivery Please note that timescales for delivery and delivery charges will vary depending on the availability of the items ordered, and your address. Please allow for extra time for deliveries to outside of the Kuala Lumpur metro area. We cannot accept orders from or deliver to addresses outside Malaysia.
Our Shipping Confirmation will notify you of the delivery method used. Occasionally our delivery to you may be affected by an event outside of our control.
If no one is available at your address to take delivery, our delivery partner will make a maximum of three delivery attempts before returning the order to us, in which case, we reserve the right to consider that you have rejected delivery and that the Contract is therefore cancelled. In the event of cancellation of the Contract for non-delivery, item will be stored in LS office for 2 weeks. You will be notified of such action, however if you do not come to pick up your product within 2 weeks, your item will be forfeited.
Delivery of an order shall be completed when we deliver the item(s) to the address you gave us when placing your order. You own the item(s) once we have received payment in full from you in respect of such item(s) – unless and until the Contract is cancelled, in which case ownership of the item(s) reverts to us on our refund to you in respect of the cancelled item(s). The item(s) will be your responsibility from the completion of delivery of such item(s).
5. Price And Payment The price of all items for sale through the LivingSocial Malaysia Shop, and our delivery charges in respect thereof, will be as quoted on the LivingSocial shop site from time to time, except in cases of obvious error.
Where applicable, all prices listed include/exclude applicable sales tax (and we reserve the right to increase our prices to cover any increase in the rate of sales tax).
Our prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation.
Payment for all items ordered from the LivingSocial Malaysia Shop must be made by credit card, debit card, or bank transfer.
6. Playing Nicely Some of the products offered via the LivingSocial Malaysia Shop are provided for a limited number of purchasers or a limited number of purchases, as specified. Any attempt by a purchaser to obtain more than the permitted quantity specified by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person's purchases. LivingSocial will determine, in our sole discretion, whether purchase characteristics indicate a breach of these rules.
Daily Deals These terms and conditions (together with the fine print listed against each Deal on the LivingSocial Site) govern your purchase of a LivingSocial Deal. Please read these terms and conditions carefully and make sure that you understand them, before purchasing a LivingSocial Deal. You should understand that by purchasing a LivingSocial Deal, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1. How It Works By placing an order for a given Deal, you make an offer to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal. Once you’ve placed your order, you will receive a confirmation of the Deal and your credit card will be charged for the amount of the Deal. We will notify you by email when the Voucher (defined below) for the Deal is ready to be used. You are required to create an account in order to purchase any Deal. An account is required so we can collect information to allow you to pay for your Deals and provide you with easy access to print your Deals, view your past purchases, and modify your preferences.
2. Expiration Dates The expiration date for a Voucher is as printed on the Voucher.
The Merchant is obligated to honour the Voucher in compliance with law. If the Merchant refuses to honour the Voucher before the relevant expiration date, then LivingSocial will refund the paid portion of your Voucher in the form of a credit for future Deals (what we currently call “LivingSocial Credits”). In order to receive the credit, you must provide the following information in writing to [email protected]: (a) identification of the Voucher and Merchant with whom you sought to redeem the Voucher, (b) statement of the date, time, and circumstances in which the Merchant refused to redeem the Voucher, and (c) a true and accurate statement that the Voucher has never been redeemed with the Merchant. LivingSocial reserves the right to investigate and make the final determination as to whether a refund for LivingSocial Credits will be granted. If the Merchant goes out of business before the relevant expiration date and before you have redeemed your voucher, then LivingSocial will refund the paid portion of your Voucher.
3. LivingSocial Credits "LivingSocial Credits" are a form of LivingSocial currency that may be applied as a credit towards future non-product LivingSocial purchases, unless the deal’s fine print prohibits the application of LivingSocial Credits. There are three types of LivingSocial Credits - Paid LivingSocial Credits, which may be used in lieu of a currency refund, Earned LivingSocial Credits, which are awarded to you from time to time as loyalty rewards or as we deem appropriate, and Promotional LivingSocial Credits, which are given to certain customers in connection with a specific promotion, contest or draw. Promotional LivingSocial Credits expire in accordance with the terms of the particular promotion. Paid and Earned LivingSocial Credits expire twelve months after the date of purchase in the case of Paid LivingSocial Credits or issuance in all other cases, except where expiration of Paid LivingSocial Credits is prohibited by law. Paid LivingSocial Credits will be applied toward future LivingSocial purchases before Earned LivingSocial Credits, even if the Earned LivingSocial Credits expire first. Promotional LivingSocial Credits however will always be applied first due to their short term. Additionally, all LivingSocial Credits may only be applied towards purchases that are in the same currency as the Earned, Paid or Promotional LivingSocial Credits. LivingSocial Credits are not returnable or refundable for cash, except where required by law. Resale of LivingSocial Credits is strictly prohibited.
4. Deal Specific Terms Each Deal has specific terms associated with the Deal, which will be presented to you before you commit to purchase the particular Deal. Deal specific terms supersede any inconsistent terms in these terms and conditions, except to the extent such terms are prohibited by applicable law.
5. Voucher Terms Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:
- no cash value for any Voucher;
- no change, cash back or credit will be issued for partial redemption of the paid portion of a Voucher, except as required by law;
- no change, cash back or credit will be issued for partial redemption of the promotional portion of a Voucher;
- use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable law), unless otherwise noted on the Voucher;
- Vouchers cannot be combined with any other coupons or promotions unless otherwise noted on the Voucher;
- Vouchers cannot be redeemed against any taxes, tips, prior balances or purchases, shipping or handling, unless otherwise noted on the Voucher;
- neither LivingSocial nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers; and
- Vouchers are issued to you personally and duplicate use, sale or trade of a Voucher is prohibited.
6. Merchant Responsibility To be clear, LivingSocial markets the Deals and acts an as agent in selling the Vouchers on behalf of the Merchants. But the Merchant is the issuer of the Voucher. As issuer of the Voucher, the Merchant shall be fully responsible for any and all loss, injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. By purchasing a Deal, a customer acquires the right to print a Voucher issued by the participating Merchant and to use the Voucher according to its terms and these terms and conditions. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion.
7. Promotions Of The Deal Programme From time to time we may offer special promotions, contests and/or draws intended to provide you an incentive to purchase Deals or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to determine and apply these rules in our sole discretion.
8. Products Available For Sale The Site can be accessed from countries around the world. You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. LivingSocial reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Voucher for any product or service to a person residing in any jurisdiction or geographical area. LivingSocial does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.
9. Cancellations And Refunds Once vouchers are delivered to your account, you are no longer permitted to cancel. Any returns after delivery to your account are handled on a case-by-case basis within the voucher validity date. Within reason, we will do what we can to ensure customer satisfaction.
10. Playing Nicely Some of the Deals are provided for a limited number of purchasers or a limited number of purchases, as specified for the particular Deal. Any attempt by a purchaser to obtain more than the permitted number of Vouchers specified for a particular Deal by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person's purchases. LivingSocial will determine, in our sole discretion, whether purchase characteristics indicate a breach of these rules.
Termination We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate or vary these terms and conditions at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you breach any of these terms and conditions (save that, we may not vary or terminate these terms and conditions as they relate to a pre-existing purchase of a Deal or a purchase from the LivingSocial Malaysia Shop). In the event of any termination, you will immediately stop using our Site and our Services. Any purchase of a Deal or purchase from the LivingSocial Malaysia Shop pre-dating termination will be honoured according to these terms and conditions.
Disclaimer We provide the Site and Services "as is", "with all faults" and "as available." We and our suppliers and Merchants make no express promises or guarantees about the Site, Services or Deals. To the maximum extent permitted by law, we and our employees, agents, suppliers, and merchants disclaim any implied contractual promises that the site and services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not promise or guarantee that LivingSocial will meet your requirements, is error-free, be without interruption or available at all times. We do not promise or guarantee that the results that may be obtained from the use of LivingSocial, including any services or deals, will be effective, reliable, accurate or meet your requirements. We make no promises as to privacy and security other than as expressly stated in our privacy policy. We do not promise or guarantee that you will be able to access or use the site or services at times or locations of your choosing. No oral or written information or advice given by a LivingSocial representative shall create any contractual promise. You may have additional consumer rights under your local laws that this contract cannot change.
本帖最后由 segahwhwa 于 29-9-2014 02:21 PM 编辑
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发表于 30-7-2014 02:51 PM
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楼主 |
发表于 31-7-2014 08:54 AM
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perreaux 发表于 30-7-2014 02:51 PM 
会不会把贴发在法律那儿比较容易得到专业的意见呢？
Hi perreaux,
本人只想分享
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楼主 |
发表于 31-7-2014 09:22 AM
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http://www.dealmates.com.my/
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http://www.mydeal.com.my
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楼主 |
发表于 31-7-2014 10:18 AM
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楼主 |
发表于 1-8-2014 09:37 AM
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UrbanCatalogue
Lowyat.net
Same Address with LivingSocial Malaysia
Self-collection period: 11 August 2014 - 22 August 2014
Self-collection only, no delivery option available
Self-collection can be done at Lot 27-6, The Boulevard, Mid Valley City, Lingkaran Syed Putra, 59200 Kuala Lumpur
1-day notification prior to pick-up date is required, please call +603 - 2604 5000
How to Buy?
1) Visit the LINK above
2) Click "BUY" button in UrbanCatalogue.com
3) Register/Login to the redirected website
4) Make Payment
5) Done 
6) Return back to www.UrbanCatalogue.com for more interesting deals and offers.
本帖最后由 segahwhwa 于 2-8-2014 04:54 PM 编辑
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楼主 |
发表于 2-8-2014 04:55 PM
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最终还是去Tribunal for Consumer Claims Malaysia
本帖最后由 segahwhwa 于 2-8-2014 04:56 PM 编辑
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Tribunal for Consumer Claims Malaysia
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楼主 |
发表于 7-8-2014 03:55 PM
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发表于 8-8-2014 01:06 AM
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看不是很明白，结果是livingsocial说没有货了，要全额退款给你，可是你不接受全额退款，而是要货品，是这个意思吗？ |
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发表于 8-8-2014 02:40 PM
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楼主 |
发表于 9-8-2014 11:58 AM
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鋼鐵狂神 发表于 8-8-2014 01:06 AM
看不是很明白，结果是livingsocial说没有货了，要全额退款给你，可是你不接受全额退款，而是要货品，是这个 ...
是
不接受全额退款 的原因是要货品
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楼主 |
发表于 9-8-2014 11:59 AM
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hu 发表于 8-8-2014 02:40 PM
不负责任服务！！！
看消费者法庭了
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发表于 10-8-2014 04:00 AM
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发表于 10-8-2014 04:01 AM
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楼主 |
发表于 10-8-2014 09:23 PM
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楼主 |
发表于 13-8-2014 08:57 PM
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楼主 |
发表于 13-8-2014 08:57 PM
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发表于 20-8-2014 04:00 PM
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我也是使用这个网页买了3架电子产品，到现在2个月了都没收到货。8月7号当天客服打电话说要refund给我，可是到现在为止我都没有收到任何退款。请问你有收到他们的退款吗？ |
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楼主 |
发表于 20-8-2014 04:40 PM
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sanpl9329 发表于 20-8-2014 04:00 PM
我也是使用这个网页买了3架电子产品，到现在2个月了都没收到货。8月7号当天客服打电话说要refund给我，可是 ...
我告诉他们我要货不要退款！因此我带它们（LivingSocial Malaysia) 去消费者法庭
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发表于 20-8-2014 05:25 PM
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segahwhwa 发表于 20-8-2014 04:40 PM
我告诉他们我要货不要退款！因此我带它们（LivingSocial Malaysia) 去消费者法庭
那最后怎样呢？
有货吗？去消费庭需要多久来process?
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