Byggfix Mall Terms of Service

Welcome to Byggfix Mall. Byggfix Mall is an additional service on Byggfix where Byggfix-registered Buyers will be able to enjoy the rights and privileges described in these Byggfix Mall Terms of Services (these “Byggfix Mall Terms of Service”) when purchasing Mall Items (defined below) on Byggfix Mall from any of our participating Sellers that have been carefully selected by Byggfix (such Sellers, “Mall Sellers”, and such Buyers, “Mall Buyers”). If you are a Mall Buyer, you will be deemed to have consented to the terms and conditions described in these Byggfix Mall Terms of Service when you make purchases on Byggfix Mall. Similarly, if you are a Mall Seller, you will be deemed to have consented to the terms and conditions described in these Byggfix Mall Terms of Service by your continued participation in Byggfix Mall. These Byggfix Mall Terms of Service supplement the Terms of Service and the other Byggfix Policies, of which these Byggfix Mall Terms of Service forms a part – please read the Terms of Service and the other Byggfix Policies available on the Site as they contain important information regarding your rights and obligations. Any terms that are used in these Byggfix Mall 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 Byggfix Policy. All terms and conditions described in these Byggfix Mall Terms of Service are subject to change at Byggfix’s discretion pursuant to the Terms of Service.

1.     Byggfix Mall Refunds and Return Policy	
   

1.1 Mall Buyer may apply for a refund and/or return of an item purchased on Byggfix Mall (a “Mall Item”) by completing a return/refund request and returning the Mall Item as described below at any time within fourteen (14) calendar days after the date that Mall Item was first made available for Mall Buyer to take delivery (the “Free Return Period”). Usually, that date would be the date Mall Buyer received delivery of the Mall Item; however, if Mall Buyer did not receive the Mall Item because of Mall Buyer’s absence from the destination address or Mall 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 Mall Buyer must ship the Mall Item to a location designated by Byggfix within ten (10) calendar days after the return request is raised and in any event no later than the last day of the Free Return Period. Mall Items that are returned may be returned via Singpost, PopStation or a courier designated by Byggfix by no later than the last day of the Free Return Period. Byggfix reserves the right to reject any application where the Mall Item was dispatched later than ten (10) calendar days after the return request is raised.

1.3 The approval of your request for refund and return will be made by Byggfix in its sole discretion after reviewing your completed refund/return request and inspecting the condition of the Mall Item that was returned. Mall Buyer acknowledges and agrees that Byggfix’s decision is final, conclusive and binding, and covenants and agrees that it will not bring suit or otherwise assert any claim against Byggfix or its affiliates in relation to such decision. The Mall Item that was returned must be, at a minimum, in the following conditions:

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

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

1.4 In addition, please note that certain types of Mall Items may be excluded from the Refunds and Return Policy described in these Byggfix Mall Terms of Service, including but not limited to:

1. Electronics;
2. Digital goods, such as mobile top-up cards, audio or video recording or software;
3. Goods that are perishable or may otherwise deteriorate or expire rapidly, such as groceries; and
4. Goods that are not suitable for return due to health protection or hygienic reasons, such as cosmetics, swimwear and underwear.

For a current list of Mall Items that are not returnable due to change of mind, please refer to the Byggfix Help Centre.

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

1.5 Byggfix 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 Byggfix Mall Terms of Service (including the length of the Free Return Period), in each case, at any time in its sole discretion.

1.6 Byggfix may reject in its sole discretion any returned Mall Item (and the related request for refund and return):

1. that is an Excluded Item;
2. that does not meet the Return Conditions; or
3. if the Mall Item was returned in a manner that does not comply with Section 1.2 above.

Please note that Byggfix’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 Mall Buyer has completed the refund/return request and/or returned the Mall Item.

If Byggfix rejects a request for refund and return, Byggfix will organize the delivery of such Mall Item to the relevant Mall Buyer’s address to which the Mall Item was originally delivered, and Byggfix shall be entitled to seek compensation from such Mall Buyer for any costs incurred in delivering the Mall Item back to such Mall Buyer. 1.7 Byggfix reserves the right to terminate a User’s access to Byggfix Mall if it suspects any abuse of the Refunds and Return Policy described in these Byggfix Mall Terms of Service and, if Byggfix 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 Mall Items described in these Byggfix Mall 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 Byggfix Mall Terms of Service will prevail in respect of Mall Items.

2.     Mall Seller Terms and Conditions	
   

2.1 If you are a Mall Seller, you should have received a separate written notification from Byggfix informing you of your selection to participate in Byggfix Mall. If you decide not to participate in Byggfix Mall at any time, please inform Byggfix in writing; otherwise, you will be deemed to have elected to continue your participation in Byggfix Mall and consented to the terms and conditions set out in these Byggfix Mall Terms of Service. Byggfix may, at any time and at its sole discretion, suspend or remove any Mall Seller from the Byggfix Mall program.

2.2 Each Mall Seller warrants that the Mall Item it offers on Byggfix Mall and actually delivered to Mall Buyer (a) complies with (i) applicable law and (ii) the specifications listed (and made available to Mall 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 Mall 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 Mall Items, and will hold Byggfix harmless from any losses relating to the foregoing.

2.3 If a Mall Seller is found to have offered or sold any Mall Item on Byggfix Mall that is restricted under Byggfix’s Prohibited and Restricted Items Policy, Byggfix reserves the right to, at its sole discretion, remove the offending Mall Items from Byggfix Mall, and execute refunds (and any adjustments) to Mall Buyers who have purchased such Mall Items (even if Mall Buyers did not comply with any of the requirements described in Section 1 above), in which case Mall Seller agrees to reimburse Byggfix for all such refunds (including any related costs and charges) and authorizes Byggfix to deduct such amounts from any amounts payable to Mall Seller or take such other action as deemed appropriate by Byggfix in its discretion.

2.4 Byggfix’s determination to approve a refund or return of a Mall Item pursuant to Section 1 above is binding on the relevant Mall Seller. Mall Sellers agree to comply and do all such things as necessary to give effect to a Mall Buyer’s request for a refund or return approved by Byggfix.

2.5 For any refund or return request approved by Byggfix, Byggfix will organize the delivery of the relevant returned Mall Item to the address provided by the relevant Mall Seller to Byggfix in writing for the completion of the refund and return process, at no additional cost to such Mall Seller so long as such address is in the country in which the relevant Mall Item was listed for sale on the Site (a “Local Address”). If Mall Seller fails to provide a Local Address for return of the returned Mall Item or otherwise fails to accept delivery of the returned Mall Item within a reasonable period of time (as determined by Byggfix), Byggfix reserves the right to dispose of such Mall Item in any manner it sees fit and Mall Seller shall be deemed to have forfeited all rights to such Mall Item. Mall Seller must notify Byggfix within seven (7) days of receiving the Email Notification (“Notification Period”) if Mall Seller does not receive the returned Mall Item. Failure to notify Byggfix within the Notification Period shall be conclusive evidence of, and result in the Mall Seller having accepted that, the delivery of the Mall Item has occurred, and Mall Seller agrees not to make any claims or raise any disputes regarding any such Mall Item.

2.6 Notwithstanding the above, Byggfix may determine at its sole and absolute discretion that a Mall Item approved for refund or return shall not be returned to Mall Seller, and Mall Seller shall be deemed to have forfeited all rights to such Mall Item.

2.7 For any refund or return rejected by Byggfix where the relevant Mall Item was received by Byggfix, Byggfix will organize the delivery of such Mall Item to the relevant Mall Buyer’s address pursuant to Section 1.6 above.

2.8 Where Byggfix approves any refund or return request, Mall Seller may appeal such decision by contacting Byggfix and providing evidence in support of such appeal. If Byggfix upholds Mall Seller’s appeal, it will disburse all or part of the Buyer’s Purchase Monies to Mall Seller. Mall Seller acknowledges and agrees that Byggfix’s decision is final, conclusive and binding, and covenants and agrees that it will not bring suit or otherwise assert any claim against Byggfix or its affiliates in relation to such decision.

3.  Byggfix Mall 100% Authentic Product Policy
   

3.1 All products listed by Mall Sellers must be 100% authentic.

3.2 Counterfeit products are prohibited from being listed in Byggfix 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:

1. A product that violates any local country laws in which they are sold;
2. A product that is a fake or a replica of an existing official product;
3. A product that has never been produced by a specific brand;
4. A product that is significantly under-priced;
5. A product containing a registered trademark on the product, the packaging or anywhere related to the product without the authorization of the trademark owner;
6. A product that contains specific design elements (e.g. cartoon characters or colourways) protected by a trademark; without the authorization of the trademark owner;
7. 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;
8. A product that has no visible trademark on the product image on the listing, but the delivered product includes a trademark; and
9. 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 Byggfix, the Mall Seller shall promptly provide documentation to Byggfix that proves (to Byggfix’s reasonable satisfaction) the authenticity of the Mall Item including, but not limited to, manufacturer sales invoices, authorized distribution agreements and/or certificates of authenticity (“Proof of Authenticity”).

3.5 If the Mall Seller fails to provide Proof of Authenticity, the Mall Seller shall:

(a) accept the return of the Mall Item from the Mall Buyer;

(b) refund to the Mall Buyer twice the amount that the Mall Buyer paid for the Mall Item or, where Byggfix has already refunded this amount to the Mall Buyer, the Mall Seller shall refund such amount to Byggfix;

(c) be liable to compensate Byggfix for such other costs, expenses, losses and liabilities suffered or incurred by Byggfix (including, but not limited to, loss of goodwill) as determined at Byggfix’s sole discretion.

3.6 In the event that Byggfix determines, at its sole discretion, that Mall Seller has violated Section 3, Byggfix may take all appropriate measures, including but not limited to removing the counterfeit Mall Item listing from the Site, prohibiting the publication of the same or similar goods and/or restricting, suspending or terminating the Mall Seller's Byggfix account and/or access to Byggfix Mall. Mall Seller's obligations and liabilities under these Terms of Service will not be affected by the restriction, suspension or termination of the Mall Seller’s account.

4.  Byggfix Mall Transaction Fees
   

4.1 Byggfix charges a fee for all successful transactions completed on Byggfix Mall (“Byggfix Mall Transaction Fee”). The Byggfix Mall Transaction Fee is borne by the Mall Seller, and is calculated as (i) three percent (3%) of the Gross Settlement Price, rounded up to the nearest cent, for the sale of Mall Items in the categories of Mobile Phones, Tablets, Large Household Appliances, Desktop Computers and Laptops (capped at £80), (ii) five percent (5%) of the Gross Settlement Price, rounded up to the nearest cent, for the sale of Mall items in the categories of all other electronics products not listed in (i) (capped at £80), and (iii) five percent (5%) of the Gross Settlement Price, rounded up to the nearest cent, for the sale of non-electronics products. The Gross Settlement Price for an item is the Buyer’s Purchase Monies for that item, plus any Byggfix rebate, voucher and/or coins applied to such item by the Buyer. For the avoidance of doubt, the categorization of a product as electronic or non-electronic shall be at Byggfix’s sole and absolute discretion. The Byggfix Mall Transaction Fee is subject to VAT (“Byggfix Mall Tax Amount”), and the Mall Seller is responsible for such Byggfix Mall Tax Amount.

4.2 Following the successful completion of a transaction, Byggfix shall deduct the Byggfix Mall Transaction Fee and the Byggfix Mall Tax Amount from the Buyer’s Purchase Monies, and remit the net balance to the Mall Seller in accordance with Section 12.2 of the Terms of Service. Byggfix shall issue receipts or tax invoices for the Byggfix Mall Transaction Fee and Byggfix Mall Tax Amount paid by Mall Seller on request.

4.3 For the avoidance of doubt, (i) the Byggfix Mall Transaction Fee under this Byggfix Mall Terms of Service applies in addition to the Transaction Fee under the Terms of Service, and (ii) the Byggfix Mall Transaction Fee under this Byggfix Mall Terms of Service shall not apply to Digital Products Sellers.

Last updated: 16 January 2023