KOGUBEStore Terms of Service
Welcome to KOGUBEStore. KOGUBEStore is an additional service on KOGUBEST where KOGUBEST-registered Buyers will be able to enjoy the rights and privileges described in these KOGUBEStore Terms of Services (these “KOGUBEStore Terms of Service”) when purchasing Store Items (defined below) on KOGUBEStore from any of our participating Sellers that have been carefully selected by KOGUBEST (such Sellers, “Store Sellers”, and such Buyers, “Store Buyers”). If you are a Store Buyer, you will be deemed to have consented to the terms and conditions described in these KOGUBEStore Terms of Service when you make purchases on KOGUBEStore Similarly, if you are a Store Seller, you will be deemed to have consented to the terms and conditions described in these KOGUBEStore Terms of Service by your continued participation in KOGUBEStore. These KOGUBEStore Terms of Service supplement the Terms of Service and the other KOGUBEST Policies, of which these KOGUBEStore Terms of Service forms a part – please read the Terms of Service and the other KOGUBEST Policies available on the Site as they contain important information regarding your rights and obligations. Any terms that are used in these KOGUBEStore Terms of Service that are not defined here will have the meanings given to such terms in the Terms of Service and/or the applicable KOGUBEST Policy. All terms and conditions described in these KOGUBEStore Terms of Service are subject to change at KOGUBEST’s discretion pursuant to the Terms of Service.
1. KOGUBEStore Refunds and Return Policy
1.1 Store Buyer may apply for a refund and/or return of an item purchased on KOGUBEStore (a “Store Item”) by completing the return/ refund slip attached to the parcel (the “Return Air Waybill”) and returning the Store Item to KOGUBEST as described below at any time within fifteen (15) calendar days after the date that Store Item was first made available for Store Buyer to take delivery (the “Free Return Period”). Usually, that date would be the date Store Buyer received delivery of the Store Item; however, if Store Buyer did not receive the Store Item because of Store Buyer’s absence from the destination address or Store Buyer’s failure to input the proper destination address, that date would be the date on which delivery attempt was first made.
1.2 Please note that Store Buyer must ship the Store Item to a location designated by KOGUBEST within three (3) days after the return request is raised and in any event no later than the last day of the Free Return Period. When returning the Store Item, Store Buyer must affix or otherwise include the Return Air Waybill. The Return Air Waybill will be contained in the Store Item package delivered to Store Buyer. The Return Air Waybill will also contain the return address to which the Store Item must be returned. All Store Items that are returned must be returned via Pos Laju or a courier designated by KOGUBEST by no later than the last day of the Free Return Period. KOGUBEST reserves the right to reject any application where the Return Air Waybill was completed after the Free Return Period or the Store Item was dispatched later than seven (7) days after the return request is raised (even if the Return Air Waybill was timely completed).
1.3 The approval of your request for refund and return will be made by KOGUBEST in its sole discretion after reviewing your completed Return Air Waybill and inspecting the condition of the Store Item that was returned to KOGUBEST. The Store Item that was returned to KOGUBEST 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 Store Item, KOGUBEST will inform you via the Site, SMS or email. The conditions for the Store Items subject to return are referred to as the “Return Conditions”.
1.4 In addition, please note that certain types of Store Items may be excluded from the Refunds and Return Policy described in these KOGUBEStore Terms of Service, 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-KOGUBEStore sellers.
If any Store Item is excluded from the Refunds and Return Policy described in these KOGUBEStore Terms of Service, KOGUBEST will make reasonable efforts to publish that information on our Site or otherwise inform the Store Buyers; however, please note that our policies may change without notice at any time and certain Store Items may be subject to exclusion after Store Buyer has purchased them. Any Store Item that is subject to exclusion from the Refunds and Return Policy described in these KOGUBEStore Terms of Service is referred to as an “Excluded Item”.
1.5 KOGUBEST 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 KOGUBEStore Terms of Service (including the length of the Free Return Period), in each case, at any time in its sole discretion.
1.6 KOGUBEST may reject in its sole discretion any returned Store Item (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 Store Item was completed after the expiration of the Free Return Period; or
- if the Store Item was returned in a manner that does not comply with Section 1.2 above.
Please note that KOGUBEST’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 Store Buyer has completed the Return Air Waybill and/or returned the Store Item.
If KOGUBEST rejects a request for refund and return, KOGUBEST will organize the delivery of such Store Item to the relevant Store Buyer’s address to which the Store Item was originally delivered, and KOGUBEST shall be entitled to seek compensation from such Store Buyer for any costs incurred in delivering the Store Item back to such Store Buyer.
1.7 KOGUBEST reserves the right to terminate a User’s access to KOGUBEStore if it suspects any abuse of the Refunds and Return Policy described in these KOGUBEStore Terms of Service and, if KOGUBEST deems appropriate, may also impose penalties (including recovery of any fees or charges incurred as a consequence of such abuse).
1.8 The Refunds and Return Policy for Store Items described in these KOGUBEStore Terms of Service are in addition to the general Refunds and Return Policy described in the Refunds and Return Policy. If there is any inconsistency, the Refunds and Return Policy described in these KOGUBEStore Terms of Service will prevail in respect of Store Items.
2. Store Seller Terms and Conditions
2.1 If you are a Store Seller, you should have received a separate written notification from KOGUBEST informing you of your selection to participate in KOGUBEStore. If you decide not to participate in KOGUBEStore at any time, please inform KOGUBEST in writing; otherwise, you will be deemed to have elected to continue your participation in KOGUBEStore and consented to the terms and conditions set out in these KOGUBEStore Terms of Service.
2.2 Each Store Seller warrants that the Store Item it offers on KOGUBEStore and actually delivered to Store Buyer (a) complies with (i) applicable law and (ii) the specifications listed (and made available to Store Buyer) on the Site, including any and all product warranties, specifications, drawings, samples, performance criteria and all applicable quality, safety and hygiene requirements, and (b) will be free from defects. Each Store 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 the Store Items, and will hold KOGUBEST harmless from any losses relating to the foregoing.
2.3 If a Store Seller is found to have offered or sold any Store Item on KOGUBEStore that is restricted under KOGUBEST’s Prohibited and Restricted Items Policy, KOGUBEST reserves the right to, at its sole discretion, remove the offending Store Items from KOGUBEStore, and execute refunds (and any adjustments) to Store Buyers who have purchased such Store Items (even if Store Buyers did not comply with any of the requirements described in Section 1 above), in which case Store Seller agrees to reimburse KOGUBEST for all such refunds (including any related costs and charges) and authorizes KOGUBEST to deduct such amounts from any amounts payable to Store Seller or take such other action as deemed appropriate by KOGUBEST in its discretion.
2.4 KOGUBEST’s determination to approve a refund or return of a Store Item pursuant to Section 1 above is binding on the relevant Store Seller. Store Sellers agree to comply and do all such things as necessary to give effect to a Store Buyer’s request for a refund or return approved by KOGUBEST.
2.5 KOGUBEST will provide Return Air Waybills to Store Sellers at no additional cost to Store Sellers, and each Store Seller will be responsible for providing the relevant Return Air Waybill to Store Buyers when fulfilling the purchase order made by Store Buyers on KOGUBEStore. If a Store Seller has failed to provide the proper Return Air Waybill to a Store Buyer whose request for refund or return has been approved by KOGUBEST, KOGUBEST reserves the right to elect any method of logistics to facilitate the return of the relevant Store Items from such Store Buyer. Store Sellers understand and agree that in the case of the foregoing, KOGUBEST has the right to recover from the relevant Store Seller any costs incurred in returning the Store Item(s) without a Return Air Waybill, including by deducting such amounts from any amounts payable to such Store Seller.
2.6 For any refund or return request approved by KOGUBEST, KOGUBEST will organize the delivery of the relevant returned Store Item to the address provided by the relevant Store Seller to KOGUBEST in writing for the completion of the refund and return process, at no additional cost to such Store Seller so long as such address is in the country in which the relevant Store Item was listed for sale on the Site (a “Local Address”). If Store Seller fails to provide a Local Address for return of the returned Store Item or otherwise fails to accept delivery of the returned Store Item within a reasonable period of time (as determined by KOGUBEST), KOGUBEST reserves the right to dispose of such Store Item in any manner it sees fit and Store Seller shall be deemed to have forfeited all rights to such Store Item.
2.7 For any refund or return rejected by KOGUBEST where the relevant Store Item was received by KOGUBEST, KOGUBEST will organize the delivery of such Store Item to the relevant Store Buyer’s address pursuant to Section 1.6 above.
3. KOGUBEStore 100% Authentic Product Policy
3.1 All products listed by Store Sellers must be 100% authentic.
3.2 Counterfeit products are prohibited from being listed in KOGUBEStore. 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 authorization 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.
3.3 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.
3.4 If requested by KOGUBEST, the Store Seller shall promptly provide documentation to KOGUBEST that proves (to KOGUBEST’s reasonable satisfaction) the authenticity of the Store Item including, but not limited to, manufacturer sales invoices, authorized distribution agreements and/or certificates of authenticity (“Proof of Authenticity”).
3.5 If the Store Seller fails to provide Proof of Authenticity, the Store Seller shall:
(a) accept the return of the Store Item from the Store Buyer;
(b) refund to the Store Buyer twice the amount that the Store Buyer paid for the Store Item or, where KOGUBEST has already refunded this amount to the Store Buyer, the Store Seller shall refund such amount to KOGUBEST;
(c) be liable to compensate KOGUBEST for such other costs, expenses, losses and liabilities suffered or incurred by KOGUBEST (including, but not limited to, loss of goodwill) as determined at KOGUBEST’s sole discretion.
3.6 In the event that KOGUBEST determines, at its sole discretion, that Store Seller has violated Section 3, KOGUBEST may take all appropriate measures, including but not limited to removing the counterfeit Store Item listing from the Site, prohibiting the publication of the same or similar goods and/or restricting, suspending or terminating the Store Seller’s KOGUBEST account and/or access to KOGUBEStore. Store Seller’s obligations and liabilities under these Terms of Service will not be affected by the restriction, suspension or termination of the Store Seller’s account.
4. KOGUBEStore Commission Fees
4.1 KOGUBEST charges a fee for all successful transactions completed by Store Sellers on the Site (“KOGUBEStore Commission Fee”). The KOGUBEStore Commission Fee is borne by the Store Seller, and is calculated as (i) three percent (3%) of the Gross Settlement Price, rounded up to the nearest cent, for the sale of electronics and Baby & Toys products, and (ii) five percent (5%) of the Gross Settlement Price, rounded up to the nearest cent, for the sale of non-electronics and non-Baby & Toys products. The Gross Settlement Price for an item is the Buyer’s Purchase Monies for that item, plus any KOGUBEST 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 KOGUBEST’s sole and absolute discretion. The KOGUBEStore Commission Fee is subject to SST (“KOGUBEStore Tax Amount”), and the Store Seller is responsible for such KOGUBEStore Tax Amount.
4.2 Following the successful completion of a transaction, KOGUBEST shall deduct the KOGUBEStore Commission Fee and the KOGUBEStore Tax Amount from the Buyer’s Purchase Monies, and remit the balance to the Store Seller in accordance with Section 11.2 of the Terms of Service. KOGUBEST shall issue receipts or tax invoices for the KOGUBEStore Commission Fee and KOGUBEStore Tax Amount paid by Store Seller on request.
4.3 For the avoidance of doubt, the KOGUBEStore Commission Fee under this KOGUBEStore Terms of Service applies in addition to the Payment Fee under the Terms of Service.