TERMS AND CONDITIONS
These Terms and Conditions (“T&C”) govern the use of the services, website at www.gfastexpress56.com，other social media platforms provided by GFAST EXPRESS 56 SDN BHD at Unit 2-26, Residensi Park Bukit Jalil, Persiaran Jalil Utama, Bandar Bukit Jalil, 57000 Kuala Lumpur, W.P. (“GFE”, “our”, “we”, “us”). By using our services, you acknowledge that you have read and agreed to comply with all the terms and conditions stated. If you do not agree to any of these terms and conditions, you must stop using our services.
【Consignment note】refers to a transport document that shows details of a parcel that have been sent by a consignor or a merchant to the GFE’s China warehouse address. “Consignment note number” refers to a set of numbers on the consignment note, to be declared by us after signing in to account for purpose of identifying your parcel delivered to GFE China warehouse.
【Courier company name】refers to name of the company or merchant that delivers your parcel to GFE’s China warehouse, to be declared by us after signing in to account for purpose of identifying your parcel delivered to GFE’s China warehouse address.
【One Click Express Service】refers to the service whereby parcel is shipped to recipient upon arriving at GFE China warehouse.
【Parcel】refers to goods, products or items you purchased from merchant, delivered to your GFE’s China warehouse address, to be consolidated and shipped to Malaysia.
【Services】refer to all services undertaken by GFE in connection to receiving your parcels, storing, sorting, repacking, consolidating and delivering to you.
【Shipment】refers to one or more parcels being shipped together to Malaysia warehouse.
【You】【your】【yours】【users】【customers】 refer to all any members who register with us an account or and anyone who uses any of our services.
【Dropshipping】refers to sending a parcel directly to GFE’s Malaysia warehouse and arrange for last mile delivery. For this service, packing services is not available, details of the movement are as per below:
1. Parcel reached GFE’s China warehouse will directly go through check in process and we will bill customer through email
2. 1 China Consignment note can only generate 1 shipment order and 1 Malaysia Consignment note (Do not accept multiple pieces consignment)
3. When the parcel reached GFE’s Malaysia warehouse, we will arrange for last mile delivery
2.SITE TERMS MODIFICATIONS
GFE may, in its sole discretion, may change or modify this T&C from time to time, with or without prior notice to all users.
3.REGISTRATION OF A MEMBERSHIP ACCOUNT
To register and to use GFE services, we need you to provide us your personal details such as your name, email address, street address and telephone numbers. You shall confirm that the information you provide us is accurate and up-to-date, and that you will update it promptly for any changes at the time of using our services. You may register an account with this link, https://system.gfast56.com/login#register
We reserve the right to verify all information provided by each user. GFE shall only approve any new user account registered by a natural person pursuant to GFE’s satisfaction.
We reserve the right to cancel any unconfirmed membership account, or a membership account that has been inactive for more than one year period, or if we find you have submitted inaccurate information, or if we have reasonable suspicion that your account may be used for any unlawful or fraudulent purposes. You are advised not to register more than one membership account.
You may from time to time participate in our promotional programs, including but not limited to our Customer Referral Program.
4.MEMBERSHIP ACCOUNT IS NONTRANSFERABLE
You must not transfer your GFE membership account or your account login and password to any other person.
You agree to keep your GFE password confidential, to safeguard it, your computer(s) and mobile device(s) from access by others, and to log out of the website when your session is complete. You are responsible for any use of the GFE website and your GFE membership account made under your login and password.
If you are aware of any unauthorised use of your GFE membership account or any security breach such as disclosure or loss of password or theft of your GFE account information, you should notify GFE promptly. We will immediately block or deactivate your account. We may allow you to open a new account depending on the circumstances of the security breach.
You must be at least 18 years of age to register using this website. By using or viewing this website, you warrant and represent that you are at least 18 years old, you have the right, authority and capacity to enter into this agreement and to abide by all terms and conditions stated here, and you are not prohibited by law in using the website. GFE is under no obligation to verify your age and identity and assume that the details that you provide is accurate when registering an account with us.
7.CONFIDENTIALITY AND PERSONAL DATA
You shall maintain in confidence all information and data relating to GFE, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of GFE (whether orally or in writing) or which are otherwise directly or indirectly acquired by you from GFE, or any of its affiliate companies, or created here. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without GFE’s prior written consent, disclose such information to any third party nor use it for any other purpose.
The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
was at the time of receipt already in your possession;
is, or becomes in the future, public knowledge through no fault or omission on your part;
was received from a third party having the right to disclose it; or
is required to be disclosed by law.
You acknowledge that GFE may disclose Personal Data of other individuals to you in the course of your use of GFE’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by GFE, and not for any other unauthorized purposes.
8.YOUR USE OF THE WEBSITE
You may not use GFE website or GFE services for any unlawful purpose. We reserve the right to terminate or restrict your access to your GFE membership account and your use of GFE services if, in our opinion, your use may violate any laws, infringe upon another person’s rights, or breach any of the terms here.
You may use the GFE website and services for your personal use, your family members and your friends.
We perform necessary security measures to protect our website and systems from viruses, worms and other malicious content, but we cannot and do not guarantee the complete absence of such. Please take appropriate safety measures when using GFE website.
GFE owns the copyright and all other intellectual property rights of the website. You are prohibited from commercializing, reselling, distributing, adapting, printing and publishing any information without our written permission. The entire website content, layout, design, texts, photos, information, arrangement, know-how, methodologies, processes and underlying source code and software shall remain GFE’s property and are protected by copyright laws and intellectual property laws in Malaysia. Your permission of using our website does not grant you a license to use the trademark.
Your use of other websites and its content are at your own risk. GFE is not responsible for any content or accuracy of information obtained from any third party website which may be accessed from or linked to GFE website.
12.DISCLAIMER OF WARRANTY
Your use of the GFE website and its content are at your own risk, they are provided on a “as is” basis. GFE is not liable for any inability to access or interruptions during the access to your account or when conducting transactions due to unavailable networks, unreliable internet service providers, malfunctioning equipment, incompatible software, or other causes beyond GFE’s control.
Email notices and information on the website will be the primary methods we communicate with all users. We will send notices and any other relevant information to you through website or email address you provide us. You may also contact us by sending email to email@example.com for any enquiry.
The Shipping Calculator provides an estimate for shipping cost only. The estimated shipping cost may not include any duties, taxes, custom charges, applicable fees or surcharges. The actual shipping cost may vary from the estimate due to changes in shipper or courier company rates; changes in fuel surcharge imposed by the shipper or courier company; changes in currency exchange rates; differences between the given weights and the actual shipment weights; differences between the given dimensions and the actual shipment dimensions; and discrepancies between the given information and actual product classification or value.
15.ORDER PRODUCTS FROM MERCHANTS
For order you placed with an online merchant, either through links on GFE website or directly from the merchant’s website, you will pay the merchant directly for the product and its domestic shipping cost (if applicable), for delivery to your GFE China warehouse address.
16.PURCHASE TRANSACTION SOLELY BETWEEN YOU AND MERCHANT
GFE provides links that you may access from GFE website to direct you to merchants’ websites for shopping online, we provide services to enable you to manage parcel(s) of product(s) you purchased to be delivered to you to Malaysia, however, GFE does not sell any product to you. You are solely responsible for selecting and ordering the products from the merchant, and your purchase of a product is a transaction solely between you and the merchant, and GFE is not a party in the buying and selling transaction of goods.
GFE makes no representations, warranties or guarantees regarding the quality or suitability of the products you order through the merchant or seller. We are not responsible for any failure of a merchant or seller to deliver your product to GFE China address, or to fulfill your order, or for any defects in any product you purchase, or any damage that any product may cause, or for any other failure of the product to meet your expectations. We do not handle communications with merchants or sellers regarding product exchange or return. That is your responsibility. If after delivery to you, you determine that any product is defective or does not meet with your expectations, you agree that you will hold GFE harmless from any liability and will seek any remedies solely from the seller or merchant only.
You are responsible to ensure that the products you have ordered are correctly addressed to your GFE China warehouse address, including your name and exact suite number. GFE shall assume that the information that you provide is accurate and is under no obligation to verify the accuracy of your address details. The delivery address must be to Malaysia only.
18.LOGIN ACCOUNT AND DECLARE ITEMS
After obtaining the information of your consignment note number and courier company name from your merchant or seller, you are advised to login to your membership account and provide us your consignment note number and courier company name. This is necessary to minimise the risk of any unidentified parcel or recipient. At the same time, you must declare all items in your parcel with accurate product description including product name, type, quantity and value. By receiving your declared information, you consent to authorise GFE to open your parcel and inspect your parcel contents.
19.ACCURATE CONTENTS DECLARATION
For compliance with the export and import laws, it is compulsory to provide an accurate description of the parcel contents and value of your parcel. We will request a copy of the merchant’s invoice of your purchased product(s) for verification if necessary. However, you are solely responsible for the accuracy of all information you provide to GFE regarding the contents of your parcel and its value.
You agree to indemnify and hold GFE harmless from any liability, under declaration of the contents and value of your parcel or misrepresentation you might make. You acknowledge and agree that your shipment may be inspected at any time by export and import authorities.
Shipment with misleading product descriptions or under-declared value on the parcel contents may be seized or confiscated by the relevant Customs authorities, who may dispute and correct the declaration, in such case, you will pay for penalty, surcharge on special handling and additional shipping costs.
20.PARCELS RECEIVING PROCEDURE
We will not accept parcels delivered on a Cash On Delivery (COD) basis. After receiving parcel delivered to your GFE China warehouse address, we will notify you at your membership portal when it is received and seek your instruction for shipping or storage of the parcel upon arrival at the GFE Malaysia’s warehouse. Every item in the parcel must be declared before sending us shipping instruction through Place Order Request when your parcels arrived in Malaysia. You are the only person authorised to pay for and release the shipment, including releasing any parcels addressed to your friend or family member.
21.LOSS OR DAMAGE OF PARCEL IN TRANSIT TO OUR WAREHOUSE
GFE will not be liable for parcel lost or damaged in transit from the merchant to the GFE warehouse. We reserve the right to refuse parcel delivered to the GFE warehouse if, upon inspection of the outside of the parcel, it is obvious that the product is damaged or incomplete. In such a case, we will not accept the parcel delivered by the sender and will notify you.
22.INSPECTION OF PARCELS
To ensure transportation safety, GFE has the right to open and inspect any parcel or part thereof, during storage or when preparing to consolidate your shipment, for security purposes, to verify compliance with export and import laws, and to confirm the product description and other information you supply, without prior notice and without liability to you. However, we have no duty or responsibility to inspect parcels for non-obvious damage or breakage, and we do not accept responsibility for the accuracy of product descriptions and other information provided by you.
We do not provide parcel examination services, if there’s any issue rel ated to content discrepancies or missing content, we are not liable for such incident, unless we have other arrangement with customer.
If we discover that the description of the contents of the parcel or other information you supply is not accurate, we may refuse to ship it.
23.UNIDENTIFIED PARCEL OR RECIPIENTS
Instances where we receive parcels where the appropriate recipient cannot be identified, e.g. the customer name and/or the suite number of the address may be missing or misstated. If you have ordered a product and there is an unusual delay in receiving notification email from GFE that your parcel has been delivered to GFE address, you should contact us and describe the product you are expecting, so that we can inspect unidentified parcels and see if yours has been received. Additional handling fees in identifying the recipient may apply if your parcel was incorrectly stated or inadequately addressed.
Any parcels received at GFE’s China warehouse for which the recipient cannot be determined will be held for 7days for reasonable action and investigation. If they remain unclaimed after 7days, GFE has the right to dispose them in any manner permitted under applicable law.Customer can reach out to our customer service team through firstname.lastname@example.org for unidentified recipient parcel enquiries.
Problematic parcels refers to parcels that are stored in our warehouse due to problem caused by customer or seller and that problem affects the transportation process. Parcels are kept for 7 days, storage fee will come into effect on the 8th day and onwards.
24.NO ILLEGAL OR PROHIBITED ITEMS
You agree to comply with all applicable laws and regulations in effect in the origin country and the destination country. You warrant that you will not use or attempt to use GFE to receive or deliver any illegal items, dangerous materials, prohibited goods, or controlled substances.
GFE will not accept to deliver the parcel if we found any items in the list of prohibited items including but not limited to the following:
Hunted animals; part of animals such as ivory, shark fin or other items which are made or processed from animal parts, including other items which are not for human consumption and prohibited items according to international treaties and/or applicable international laws ;
Human organs, ashes, bones;
Firearms, ammunition, explosive materials, ignition equipment of all kinds such as gunpowder, etc.;
Illegal items including but not limited to counterfeit or pirated products, illegal drugs or addictive substances, illegal property or any materials which are against the applicable laws, regulations or rules stipulated by federal, state or local government authorities, including the materials which the users have legal right of possession but are not allowed to partially or entirely move or send to other places;
Sharp or hazardous objects including but not limited to knives, swords, spears, daggers;
Flammable materials of all kinds such as LPG, NGV;
Semi-finished goods; and
25.PARCEL CONTAINS PROHIBITED ITEMS
GFE will hold all product items that are restricted or prohibited for export or import to the destination country. Additionally, any product items deemed unsafe for international transportation will be prohibited for shipment and placed on hold. Please refer to our Prohibited items/Items Category for items will not be accepted by GFE to ship.
For illegal items, GFE will submit such items and relevant information to the government authorities responsible for export compliance for further investigation.
26.PARCEL STORAGE & FEES
You’re require to :
1. Submit parcel information into our system before the parcel reaches GFE’s China warehouse, this will expedite our check in and custom clearance progress.
2. Submit shipment order when the parcel reached GFE’s China Warehouse, this will enable us to consolidate the parcels and arrange for last mile delivery correctly. GFE has no obligation to but will do our best to remind you to submit the information above, if we do not receive any information or reply from you within 72 hours, we will remove or penalize you without further notice.
Sea Freight Consolidation Services :
When your parcels reached GFE’s China warehouse, you may only choose to submit shipment order only for the parcels that have arrived. Our warehouse personnel will consolidate your shipment according to the shipment order submitted. They will also measure the dimension and weight of parcel after consolidating the parcels and send the invoice of freight charges to you via email. We suggest you verify and pay the invoice within 3 days starting from invoice date. This amount will be deducted from your e-wallet in our system.
Drop Shipping :
When your parcel reached GFE’s China warehouse, you are required to submit shipment order. Our warehouse personnel will measure the dimension and weight of the parcel and send the invoice of freight charges to you via email. We suggest you verify and pay the invoice within 3 days starting from invoice date. This amount will be deducted from your e-wallet in our system.
Both sea freight consolidation and drop shipping services will be kept for 14 days (Starting from the arrival date of 1st parcel), storage charges will be effected starting from 15th days and onwards.
GFE reserves the right to debit your e-wallet account for outstanding freight charges on parcels or any related charges applicable to you.
Despite the terms and condition stated, if we do not receive your payment within 3 days, this will affect your authority to operate your account.
27.DISPOSAL OF PARCEL
You may request for disposal of your parcel if you no longer wish to ship your item. Upon confirmation of disposal, you agree to authorise GFE to dispose of your parcel. This action is not reversible. A disposal fee will be charged to your account. For multi-parcel consignment, where a consignment includes more than one parcel, the weight will be determined based on total weight of all parcels per consignment.
In order for us to continue our Services (shipment service) to you, the amount in your deposited account should always be more than the indicated amount in your deposited account by GFE’s system. If the deposited account amount is less than the indicated amount in your deposited account by GFE’s system, we reserve to dispose of your parcels.
29.PLACE ORDER REQUEST
We will not proceed your order request if you do not accept this Terms and Conditions or if you do not supply complete information of all items description in your parcel; or if it includes any sensitive items with conditions not met; or if it includes any prohibited items; or if the top-up was made less than the indicated amount in your deposited account by GFE’s system.
Upon receiving your order request, our system will review your order, check parcel contents, repack parcels depending on your choice. (ie. materials, size etc). We will notify you by email@example.com once the parcel is ready for shipment. You may login to your account to review its chargeable weight, total shipping costs, proceed to confirm the order and make payment thereafter.
Notwithstanding the above, only parcels which fall under the category of small items should proceed with the parcel consolidation process which requires your confirmation through placing an order request, whereas parcels categorised under large items will be delivered to you without any consolidation process.
31.WEIGHT AND CAPACITY MEASUREMENT
Freight calculation is based on actual weight or actual cube, whichever is higher.
The final shipping costs will be determined by our system after reviewing your order pursuant to Clause 31 above. You are responsible for payment of all shipping costs and applicable fees (if any), even if they differ from the original estimated cost. You will be liable for additional shipping costs for shipment seized or confiscated by the relevant Customs authorities, surcharge on special handling will be incurred to sensitive item wrongly declared as normal item.
33.THIRD PARTY LOGISTICS
GFE may collaborate with logistic companies to provide delivery services at selected areas.
Surcharge is applicable for overweight or oversized order or shipment.
Surcharge is applicable to sensitive item wrongly declared as normal item.
Surcharge may be applicable to special request shipment.
Surcharge is applicable to shipment with misleading product descriptions or under-declared value on the parcel contents being seized or confiscated by the relevant Customs authorities.
For priority service, surcharge is applicable to normal product come with batteries and magnets. However, priority service is not available for pure batteries under sensitive items.
Surcharge is applicable for addresses fall under outskirt area.
Surcharge is applicable to handling of shipment that failed to be delivered due to incorrect or incomplete delivery address given; unavailability of the recipient which had moved out from the address; unavailability of the recipient which had left the company and the company refused to receive the shipment; request by the recipient to change the delivery service provider or delivery address.
35.DUTIES & TAXES
International shipments are subject to duties and taxes as determined by Customs in the destination country. Gift purchased online sent to another will not be imposed by import tax if the value is below stated local thresholds. You will be responsible to pay all duties and taxes, custom charges, as well as SST applicable to your shipment.
After submission of your order, you cannot cancel your order. You shall not make changes to the information submitted (adding or deleting information regarding consignee, address, shipping method).
Once the final shipping fees for your shipping order is generated by our system, a notification will be sent to your membership email. You may proceed your payment at our payment gateway.
Customer are given 3 days to make payment, starting from the day we send the invoice to you.
If we do not receive your payment within 3 days, this will affect your authority to operate your account.
The funds in your deposited account advanced will be taken as part of the payment for your total shipping cost should you confirm your order request.
A notification will be sent to your membership portal once your shipment has been released.
39.APPOINTMENT OF GFE AS AGENT
The Services that GFE provides is the provision of the platform which constitutes a technological platform that enables you to arrange and/or schedule transportation, logistical and/or delivery services for goods, whereby the platform will facilitate and connect you with a courier service who will provide you with such transportation, logistical and/or delivery services.
You agree and acknowledge that GFE is not your agent or the agent of the courier and that:
(a) neither GFE not the courier service have the authority to bind each other; and
(b) GFE is not a party to the contract for the hiring of the courier services.
40.INTERNATIONAL SHIPMENT AND DELIVERY
GFE will make every reasonable effort to deliver the shipment to you according to the shipper or courier company’s regular schedules, but these are not guaranteed and do not form part of the agreement between us. GFE is not liable for any loss or damage caused by delivery company’s delay.
Delivery time given was an estimated delivery time and is not a guaranteed delivery time. The delivery time was calculated based on total amount of time required to process an order, which includes, packaging, transit time to delivery service provider, and transit time to the delivery address. We will make every effort to deliver within the given estimated delivery time. However, please expect delay during peak season, eg. festival seasons.
42.COMPLIANCE TO EXPORT AND IMPORT LAWS
You acknowledge and agree that:
You will comply with all applicable export and import laws and regulations;
GFE will at all times comply with all applicable export and import laws when it comes to international freight and forwarding, and we will refuse to ship any item which we know or have reason to suspect is in violation of such laws;
We will refuse to ship any item that requires an export or import license;
You will not use or attempt to use GFE to receive or send any items that are specially designed, modified, adapted or configured for a military application; or any dual use items that are subject to export license requirements; or any products that are intended to be used in chemical biological weapons, missile technology or nuclear proliferation.
43.CIRCUMSTANCES BEYOND OUR CONTROL
GFE is not liable for any loss or damage to your shipment arising out of circumstances beyond our control. These include but are not limited to natural disasters (for example, fire, earthquake, hurricane, tsunami, tornado, storm, flood, fog); plane crash or embargo; war, riot, civil commotion or industrial action; epidemics or pandemics; power cuts, communications or other utility disruptions; governmental action or inaction; any defect to the nature of a shipment; and damage or erasure to electronic or photographic images, data or recordings due to electrical or magnetic interference.
44.PRODUCT RETURNS OR EXCHANGES
We do not handle any return nor exchange. After the shipment delivered to you, if you wish to return an item to the merchant from which you purchased it, you will need to make direct arrangements with the merchant as soon as possible for any return, refund, or exchange of items in accordance with the merchant’s terms and policies.
45.LIMITATION OF LIABILITY
Loss or damage under the following conditions will not be covered:
a) Natural catastrophes or acts of God
b) Consequences of war
c) Acts of terrorism
e) Insufficient packaging / Incorrect labelling
f) Prohibited goods; or
g) any such circumstances beyond GFE’s reasonable control as may cause interruption
GFE will not be liable to you for any loss or damage of any kind, including but not limited to loss of business, loss of profit, loss of opportunity, loss of goodwill loss arising from inspection or examination of parcels by the Customs authorities from Malaysia or China or loss of data, arising from your use of or inability to use your GFE membership account or GFE website, even if you have advised us on the possibilities of such damages.
For documents and fragile items, you are solely responsible for the loss or damage to the shipment. You must declare if your parcel includes any document or fragile item. We will not remove its external packaging. You are responsible to make sure the packaging is sufficient to protect your items with the sender or merchant, especially for fragile items.
For other loss to the shipment with respect to any errors in GFE services provided to you under this agreement, after investigation, compensation for the proven lost may be claimed up to a maximum liability limited to RM200 per shipment. GFE will only be responsible for the loss of glassware, fragile items and lighting products, but no compensation is made for damaged products.
Any claim for loss must be made in writing with relevant documentation and email to firstname.lastname@example.org within 3 days from the date of the shipment was delivered to you, failing which, we will not be liable for any loss in any way. Claim must be accompanied by scanned copies of the original documents, and relevant original invoices and receipts for that item. GFE will not entertain any claim you fail to provide all relevant evidence to your claim. GFE will not entertain any claim where complete accurate contents declaration was not being done properly.
47.FEEDBACK AND COMPLAINT
You may file your complaint to us at email@example.com , if any. We will review and take necessary action to improve our service.
48.TERMINATION OF USER ACCOUNT
You may terminate and stop your use of your GFE account at any time. GFE will no longer hold any responsibilities for you thereafter. GFE reserves the right to suspend or terminate your account if you fail to comply with these terms and conditions, or if we have discovered any unlawful use of your account and in the event of such suspension or termination we will incur no liability to you.
You agree to indemnify, defend and hold GFE and its shareholders, officers, directors, affiliated companies, employees and agents harmless from all claims, losses, damages, liabilities and costs (including reasonable legal fees) incurred which result from your use of the GFE website and GFE services, including but not limited to your negligent act or omission, any misrepresentations you make in connection with obtaining GFE services, any incorrect declaration of contents or value of shipment for export purposes, and/or your failure to comply with these terms and conditions.
These terms and conditions constitute the entire agreement between us for the use of the GFE website, your use of your account, and the provision of GFE services. These terms and conditions supersede all other written or oral statements.
If any provision of these terms and conditions or part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further, and for the avoidance of doubt, the rest of this terms and conditions shall continue in full force and effect, and the legality, validity and enforceability of the whole of this terms and conditions in any other jurisdiction shall not be affected. of this agreement is judged by a court or body having jurisdiction as illegal, invalid or unenforceable, such provision will be deemed deleted without affecting any other provisions.
52.GOVERNING LAW AND JURISDICTION
The terms and conditions shall be governed by the laws of Malaysia and the courts of Malaysia shall have exclusive jurisdiction. Any dispute arising out of or in connection with our services including any question regarding to their existence, validity or termination, shall be referred to and finally resolved by the Courts of Malaysia, and both you and we hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the Courts of Malaysia.
53.CONFLICT OF INCONSISTENCY
If there is any conflict and inconsistency between the Chinese version of the terms and conditions and this English version of the terms and conditions, the English version of this terms and conditions shall prevail.