Terms & Conditions

Welcome to AVEREST.COM.MY website (the “Site”). The following terms & conditions (“Terms & Conditions”) shall apply to all registered member of the Site and shall take effect upon registration of the member account. Member(s) refers to both Seller and Buyer. Completion of the member registration process indicates your understanding and acceptance of these Terms & Conditions. If you do not accept these Terms & Conditions, kindly do not sign up as a registered member of Averest. Averest reserves the rights to amend these Terms & Conditions at any point of time. The latest version of the Terms & Conditions will be published on the Site and shall be effective immediately upon posting. All registered members should check these Terms & Conditions from time to time in order to be aware of the latest version. Your continued use of the Site constitutes your acceptance of the latest Terms & Conditions.

Members’ Privileges

Averest.com membership is free for all registered members.

Each Member who wishes to be a Seller on the Site will need to complete the registration process for Seller. Each Seller will be charged a one-time registration fee of RM200 and annual membership fee of RM800 per annum.

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Each Seller is entitled to the following privileges:

  1. Unlimited product or service display
  2. Unlimited product or service enquiry
  3. Unlimited request for quotation

These privileges are subject to review from time-to-time and Averest.com reserves the rights to charge for the above privileges in its sole discretion.

Members’ Responsibilities

Each member hereby agrees and undertakes:

  • To provide true, complete and accurate information of its business upon registration as member.
  • To maintain its information to ensure that it reflects the current and latest state of its business.
  • To display product and product information which are legal, true and accurate.
  • To continuously update the product and product information published on the Site for ensuring that such information is kept up-to-date.
  • To conduct trade and any other activities in the Site using its own legal entity and shall not impersonate or attempt to impersonate any other person or entity.
  • To act with good faith, integrity and honesty in all its dealings on the Site with others.
  • To publish only products which it has the right and authority to sell or distribute.
  • To delete only products or services that does not have any unfulfilled orders.

Each member shall not display or publish products or information which:

  • Are illegal in nature, such as:
    • stolen items
    • counterfeit items
    • destructive items
    • items that violate any prevailing applicable law
  • Is part of a scheme to defraud others
  • Infringes a third party copy right, patent, intellectual property, trademark or other legitimate rights
  • May create any liability for Averest.com
  • Are misleading, defamatory or offensive in nature

Each member hereby agrees and undertakes to be fully responsible for all products and information that is published by the member in the Site. Averest shall not be held accountable or responsible in the event if a member’s published product or information is found to be in violation of any law or any part of the above mentioned terms. In the event if any Member is found to be in such violation, Averest reserves the rights to suspend or terminate the Member’s account without any notice. If the Member’s act is found to be unlawful, Averest has the rights to disclose any evidence or information relating to the unlawful act to the relevant authority.

Each member hereby agrees and undertakes to indemnify Averest for any losses suffered as a consequence of the member’s misconduct as described in these Terms & Conditions.

Transactions & dealings between Buyer and Seller

Each Member hereby acknowledges and agrees:

  • That Averest does not endorse any Member, Product, Information, Comment or Messages published on the Site as it does not pre-screen any information, comments or messages posted in the Site by any Member. Averest also does not represent any seller or buyer in any transactions made on the Site or offline.
  • That warranties relating to product conditions, quality, performance, reliability and durability are solely the responsibility of the Member. Averest shall not be liable for any breach of warranty term by a Member.
  • That despite our continuous attempts in screening users with fake identity, there may still be a risk of dealing with fraudulent users on the Site due to the limitations on user identity verification over the Internet. As such, members should exercise their own judgment in evaluating the person whom they are dealing with on the Site.
  • To be solely responsible for the specific terms & conditions for each transaction conducted on the Site or negotiated through the Site including but not limited to warranty, shipping / delivery term & charges, Incoterm, freight & forwarding agent, expected delivery date, insurance coverage, custom clearance and payment term.
  • To fully assume the risks of sale and purchase transaction conducted in or through the Site. These risks include, but not limited to, fraudulent transactions, environmental, health & safety, delay in delivery of product, default in payment, sub-quality or unsatisfactory product or service, defective product, breach of contract terms or warranty term, default in delivery of product or service and transportation or storage accidents. Averest shall not be liable for any damages, liabilities or costs incurred in connection of these risks.
  • That Averest shall not be liable for the quality, safety, warranty and availability of the products or services offered or posted for sale on the Site as we do not pre-screen or approve member’s posting of products or services on the Site. However, we shall continuously review the information posted on the Site by members to identify any potential fraudulent, misleading or offensive information. In the event of such suspicion, Averest reserves the rights to remove or delete the posting without any notice.
  • That for the purpose of transaction review and recordkeeping, Averest has the full rights to request each member to provide all information and documents as required by Averest in connection with each transaction made in or negotiated through the Site. Each Member agrees to provide such required information and documents as per the deadline notified by Averest. If a Member fails to provide such required information or document, Averest may suspend or terminate the Member’s account without prior notice.
  • That an “online transaction” or “transaction is made online” in this context refers to a transaction whereby the order and payment is made via the online payment service provided on the Site.
  • That Averest shall be the mediating party in the event of a trade dispute arising from an online transaction between Members. Each Member agrees to indemnify Averest or the affected party for any damages, liabilities or costs arising from such dispute.
  • That in the event of a trade dispute relating to non-receipt of goods, Averest has the full rights to request the Seller to provide proof of goods delivery including but not limited to a Delivery Order, Pick Up Order or Delivery tracking with acknowledgment of goods receipt by the receiving Buyer with company stamp, Airway Bill, and Custom Declaration Form to the extent of whichever applies. In order for the proof of delivery to be valid, the document must contain either the Buyer’s company stamp as evidence of receipt or the receiving person’s identity and signature. Averest shall verify the details such as the Company name, company stamp, identity of receiving party and delivery address stated on the proof of delivery against the Order Confirmation. The Buyer will be notified if these details matches and a copy of the proof of delivery shall be provided to the Buyer and no refund will be made. In the event of a mismatch, the Seller will be notified of the delivery error and a refund will be made to the Buyer.

    That in the event if the transaction is made online, a 2.5% transaction fee will be charged on the Seller. Averest shall be authorized to collect payment on behalf of the Seller via the online payment service provided on the Site. The payment collected from Buyer shall be held by Averest until the Buyer confirms the completion of the transaction by acknowledging receipt of the goods. If Buyer fails to acknowledge receipt of goods, the transaction shall be auto-confirmed 14 days after the date of the delivery of the goods and Averest shall collect evidence of goods delivery from the Seller. The payment shall be released to the Seller within 5 business days from the date which the transaction is confirmed. This arrangement is known as the Secure Trade service. As such, a transaction fee of 2.5% will be charged on the Seller (subject to a minimum of RM1 per transaction) due to payment gateway charges for online Direct Debit, FPX or Credit Card payment.

  • That in the event if a product is posted under the “Request for Quote” option, Averest shall not be liable or responsible for any offline transactions between members. An “offline transaction” in this context refers to a transaction whereby the order and payment is made directly from the buyer to the seller, without using the online payment service provided on the Site.

Legal and Liability Issues

These terms and conditions sets out the entire agreement and understanding between all members and Averest and shall be governed and construed in all respects in accordance with the laws of Malaysia. All members and Averest hereby agree to submit to the jurisdiction of Malaysia courts.