Version dated 04 January 2021
This version takes effective on 10 January 2021. Please click HERE for reference to the previous version.
Welcome to the Lazada.vn website and/or the Lazada mobile app. Please read these Terms of Use carefully. The following Terms of Use govern your use and access of the Lazada Platform (as defined below) and the use of any part of the Services (as defined below). By accessing the Lazada Platform and/or using the Services, you agree that you have read and understood the terms in these Terms of Use and to be bound by these Terms of Use which constitute a legally binding agreement between you and Lazada (as defined below). If you do not agree to these Terms of Use, please do not access and/or use this Lazada Platform or any part of the Services. If you use the engagement tools provided by Lazada on the Lazada Platform, the Engagement Tools Terms and Conditions (as defined below) shall apply.
Access to and use of password protected and/or secure areas of the Lazada Platform and/or use of the Services are restricted to Customers with Lazada User Accounts (as defined below) and must be at least 18 years old only. You must not intend to obtain unauthorized access to such parts, or to any other protected information on this Lazada Platform and/or Services, through any means that is unallowed by Lazada.
If you are below 18 years old, you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s) and/or accessing this Lazada Platform and/or using the Services and/or purchasing Products without the supervision of your parent(s) or legal guardian(s), you must stop these actions immediately.
1. DEFINITIONS AND INTERPRETATION
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms of Use.
2. GENERAL USE OF SERVICES AND/OR ACCESS OF LAZADA PLATFORM
2.1 Guidelines to The Use of Lazada Platform and/or Services
• We grant you the right to use and access the Lazada Platform for shopping on the Lazada Platform in accordance with specified terms and conditions.
• You agree to comply with any and all the guidelines, notices, operating rules and policies, and instructions pertaining to the use of the Services and/or access to the Lazada Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies, and instructions at any time with prior advance notice in accordance with applicable laws and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Lazada Platform.
2.2 Restricted activities
You agree and undertake NOT to:
(a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) use Lazada Platform or Services for illegal purposes; unreasonable, fraudulent, threatening, illegal information exploration, sabotage, create and spread viruses that damage the system, configure, transmit information of Lazada Platform or your services for the purpose of speculating, manipulating the market to create fake orders, offers, even for judging market demand;
(c) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Lazada Platform or Services;
(d) post, promote, or transmit through the Lazada Platform or Services any Prohibited Materials;
(e) interfere with another’s utilization of the Lazada Platform or Services;
(f) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code, or other harmful components which may impair or corrupt the Lazada Platform’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Lazada Platform or Services;
(g) use the Lazada Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards, and any other applicable laws;
(h) change, modify, copy, transmit, distribute, provide and create tools similar to the Services provided by Lazada to a third party without the consent of Lazada; and
(i) act to discredit Lazada and/or the Lazada Platform in any form such as causing disunity among Sellers by using a second registered name, through a third party or propaganda, disseminating information that is not favorable to the reputation of Lazada and/or Lazada Platform.
2.3 Availability of Lazada Platform and Services
The Customer agrees that Lazada may, from time to time, upgrade, modify, suspend or discontinue to provide or remove, in whole or in part, the Lazada Platform or any Service on the Lazada Platform in accordance with the law.
2.4 Compatibility on Lazada Platform
Different models or versions of routers, browsers, and devices may have firmware or settings that are not compatible with the Lazada Platform. While we continuously develop the Lazada Platform to, as far as possible, support all commonly used devices and models in markets and all browsers from where the Lazada Platform is likely to be accessed, we do not warrant the compatibility of the Lazada Platform with specific mobile devices or other hardware.
2.5 Right, but not obligation, to monitor content
We reserve the right to:
(a) monitor, screen or otherwise control any activity, content, or material on the Lazada Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the Terms of Use contained herein and may take any action it deems appropriate;
(b) prevent or restrict access of any non-compliant User (at our sole discretion) to the Lazada Platform and/or the Services;
(c) report any activity that Lazada has grounds to suspect is a violation of the law or regulations of authorities, and to co-operate with such authorities; and/or;
(d) to request any information and data from you in connection with your use of the Services and/or access of the Lazada Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
2.6 Privacy Policy
Your use of the Services and/or access to the Lazada Platform is also subject to the Privacy Policy as set out at www.lazada.vn/privacy .
3. USE OF SERVICES
3.1 Restrictions: Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from the use of any part of the Services may not use the Services even if they satisfy the requirements of Clause 3.2 as below.
3.2 General terms of use: You agree:
(a) to conduct any activity relating to the Services in good faith and lawful manner; and
(b) to ensure that any information or data you post or cause to appear on the Lazada Platform in connection with the Services is accurate and agree to take sole responsibility for such information and data.
Lazada may cancel or reject your use of any part of the Services where it deems or suspects that your use of any part of the Services or any transaction is inappropriate or fraudulent. For the avoidance of doubt, inappropriate or fraudulent use of Services may also include promotion abuse and/or system cheating activity.
4. CUSTOMERS WITH LAZADA USER ACCOUNTS
4.1 Username/Password: Certain Services provided on Lazada Platform may require the creation of a Lazada User Account or require you to provide Personal Data. If you request to create a Lazada User Account, a Username and Password may either be:
(a) determined and issued to you by us; or
(b) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Lazada Platform. We may, at any time, request that you update your Personal Data or forthwith invalidate the Username and/or Password and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or because of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your Lazada User Account and liable for any disclosure or use (whether such use is authorized or not) of the Username and/or Password. You are to notify us immediately if you know or have a reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password or if your Personal Data requires updating.
(c) Customers may receive promotional emails, SMS text messages, and/or in-app messages or notifications from Lazada in accordance with the policy of Lazada and applicable laws. In case the Customer does not want to continue receiving such communications, the Customer can refuse by clicking the link shown at the bottom of the relevant communications or re-setting Lazada user account.
4.2 Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Lazada Platform and any information, data, or communications initiated from your Lazada user account shall be deemed to be, as the case may be:
(a) access to the relevant Lazada Platform and/or use of the Services by you; or
(b) information, data, or communications posted, transmitted, and validly issued by you. You shall be bound by any access of the Lazada Platform and/or use of any Services from your Lazada User Account (whether such access or use are authorized by you or not) and Lazada shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You shall fully indemnify Lazada against any and all Losses suffered by Lazada attributable to any of your use of Lazada User Account.
5. INTELLECTUAL PROPERTY
5.1 Ownership: Lazada, the licensor that allows Lazada or its Service provider to own, license, and control all Intellectual Property on the Lazada Platform and in respect of Materials on the Lazada Platform. Lazada fully reserves the right to enforce its Intellectual Property Right allowed by law.
5.2 Restricted Use: No content on the Lazada Platform or any Materials may be reproduced, reverse engineered, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without Lazada’s prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print, or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other notices of owners contained in the Materials.
5.3 Trademarks: Nothing on the Lazada Platform and in these Terms of Use shall be construed as allowing that, whether express or implied, inferred or otherwise construed that you have the right to use any license or have the right to use (including as a meta tag or as a link to another website) any Trademarks displayed on the Services, without written permission of Lazada or any other applicable Trademark owner.
6. USERS SUBMISSIONS AND INFORMATION
6.1 You grant us a non-exclusive license to use the materials or information that you submit to the Lazada Platform and/or provide to us, including but not limited to questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Lazada Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove, or edit your Submissions.
7. TERMINATION
7.1 Termination by Lazada: Lazada reserves the right to suspend or terminate your access to the Lazada Platform or use of any part of Services or delete your Lazada User Account in the following cases:
(a) you breach these Terms of Use, the service-specific additional terms or policies;
(b) we’re required to do so to comply with a legal requirement, a competent authority request, or a court order;
(c) we have grounds to reasonably believe that your conduct causes harm or liability to a user, third party, or Google – for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that doesn’t belong to you;
(d) if there are grounds to prove that the information you have provided to Lazada is inaccurate, false, incomplete, or in violation of the law or pure Vietnamese customs;
(e) you violate the regulations of operation of the e-commerce trading platform or have actions affecting business activities on the Lazada Platform;
(f) you do not engage in transactions and information exchanges on the Lazada Platform for three (3) consecutive months; and
(g) you are bankrupt, convicted or on a sentence, if you continue to operate that could impose liability on the Lazada Platform, have activities that are fraudulent, dishonest, market disturbance, causing disunity to other Users of Lazada Platform, activities in violation of applicable laws of Vietnam.
If you believe that your Lazada user account has been suspended or terminated in error, you can appeal HERE .
7.2 Termination by you: You are always free to stop accessing the Lazada Platform or using the Services at will. You can cease using the Services by deactivating your Lazada user account, removing the Lazada mobile application, and stop accessing the Lazada Platform at any time.
8. NOTICE
8.1 Notice From Lazada All notices or other communications were given to you if:
(a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
(b) sent by post or left at your address will be deemed to have been received by you on the signing day of receiving such notices.
8.2 Notices From You: You may only give notice to us in writing sent to our designated office address or e-mail address or contact us via customer support at HERE, and we shall be deemed to have received such notice only upon confirmation of receipt by the signature (if the notice is made in writing). While we endeavor to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
8.3 Other Modes: Notwithstanding Clauses 8.1 and 8.2, we may from time to time designate other acceptable modes of providing notice (including but not limited to e-mail, SMS, or other forms of electronic communication) and the time or event by which such notice shall be deemed given
9. GENERAL
9.1 Cumulative Rights and Remedies: Unless otherwise provided under these Terms of Use, rights and remedies of Lazada under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies Lazada may have in law. Non-exercise of any right or remedy under these Terms of Use by Lazada, or at law, shall (save to the extent, if any, provided expressly in these Terms of Use or at law) operate so as not to hinder or prevent Lazada’s exercise of any other right or remedy as at law.
9.2 No Waiver: Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.
9.3 Severability: If at any time any provision of these Terms of Use is seen to be illegal, invalid, or unenforceable in any respect, the legality, validity, and enforceability of the remaining provisions of this Terms of Use and the rest of the affected terms in these Terms of Use shall continue to be in effect; and shall continue in force as if such illegal, invalid, or unenforceable provision was severed from these Terms of Use.
9.4 Governing law and Dispute Resolution: The use of the Lazada Platform and/or the Services and these Terms of Use shall be governed by and construed in accordance with Vietnamese laws. Any dispute arising out of or relating to these Platform Terms, including the existence, validity, interpretation, performance, breach or termination thereof; or any dispute regarding non-contractual obligations arising out of or relating to this Terms of Use shall be referred to and finally resolved by the Vietnam International Arbitration Centre (VIAC) at the Vietnam Chamber of Commerce and Industry arbitration in accordance with the Arbitration Rules of the Vietnam International Arbitration Centre (“VIAC Rules”), in which such rules are deemed to be incorporated by reference in this Clause 9.4. The tribunal shall consist of three (3) arbitrator(s). The language of the arbitration shall be Vietnamese.
9.5 Correction of Errors: Any typographical, clerical, or other error or omission in any acceptance, invoice, or other documents on our part shall be subject to correction without any liability on our part.
9.6 Binding and Conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Lazada Platform and Services, if any) maintained by Lazada or Lazada’s Service providers relating to the Lazada Platform and Services shall be binding and conclusive evidence of any information and/or data transmitted between you and Lazada. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy, or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
9.7 Sub-contracting and Delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Lazada Platform and/or Services and reserve the right to use any service providers, subcontractors, and/or agents on such terms as we deem appropriate.
9.8 Assignment: You may not assign your rights and obligations under these Terms of Use without our prior written consent. We may assign our rights and obligations under these Terms of Use to any third party.
9.9 Force Majeure: We shall not be liable for non-performance, error, interruption, or delay in the performance of its obligations under these Terms of Use (or any part thereof) or any inaccuracy, unreliability, or unsuitability of the Lazada Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
1. Definitions:
1.1. “Customer” or “Buyer” means organizations, individuals purchasing foods, services on Lazada E-Commerce Platform.
1.2. “Intellectual Property” means all copyrights, patents, trademarks, service marks, domain names, design rights, database rights, trade names or business names, the right to protect trade secrets and confidential information, the right to protect commercial advantage and reputation, and all other similar intellectual property rights and all applications for these rights, whether currently exist or created in the future, in any region over the world, whether registered or unregistered, and all rights, privileges, right to sue, claim for damages, and request for application of interim injunctive relief for any violation of these rights, whether it is in the past, present or in the future.
1.3. “Lazada”, “we”, “our” and “us” refer to Recess Company Limited, in accordance with Enterprise Registration Certificate No. 0308808576 issued by the Department of Planning and Investment of Ho Chi Minh City for the first time on May 6, 2009 (as amended from time to time), with the head office located at 19th Floor, Saigon Center Building - Tower 2, 67 Le Loi, Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam.
1.4. “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, actions, proceedings, claims, demands, and other liabilities, whether foreseeable or not.
1.5. “Materials” means, collectively, the information, images, links, sounds, graphics, video, software, applications, and other materials displayed or made available on the Lazada Platform and the functionalities or services provided on the Lazada Platform.
1.6. “Order” means the Customer’s order for Products sent through the Lazada Platform in accordance with the relevant Terms and Conditions of Sale and Purchase.
1.7. “Password” refers to the valid password that a Customer who has a Lazada User Account with Lazada may use in conjunction with the Username to access the relevant Lazada Platform and/or use Services.
1.8. “Personal Data” means personal data as specified in the Privacy Policy.
1.9. “Lazada E-commerce Platform” or “Lazada Platform” means (i) a mobile application named Lazada used on mobile devices with Android and iOS operating systems, which are registered as an e-commerce application, including e-commerce trading platforms and online promotions owned and operated by Lazada (as defined above) in Vietnam and/or (ii) e-commerce website www.lazada.vn, which is registered to operate as an e-commerce website, including an e-commerce trading platform and online promotion owned and operated by Lazada in Vietnam. Lazada Platform is set up and operates in the form of the e-commerce trading platform and online promotions to serve traders, organizations, and individuals aiming to introduce, buy and sell online, including posting an advertisement online; creating a store to display, introduce, sell Products; and carrying out promotions in the form of discount codes, selling goods at prices lower than the previous sale prices applied in a certain period or with a certain number of Customers; and other forms of promotion in accordance with laws of Vietnam.
1.10.“Privacy Policy” means the privacy policy set out at www.lazada.vn/privacy .
1.11.“Product” means the goods, services provided by the Seller via Lazada Platform.
1.12.“Prohibited Material” means any information, graphics, photographs, data, and/or any other material that:
(a) contains any computer virus or invasive code, damaging code, or other harmful programs;
(b) infringes any third-party Intellectual Property or any other proprietary rights;
(c) is defamatory, libelous, or threatening;
(d) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful, or otherwise illegal under the applicable law; and/or
(e) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
1.13. “Services” means services, information, and functions made available by us at the Lazada Platform.
1.14. “Submission” is as defined in Clause 6.1 of these Terms of Use.
1.15. “Terms and Conditions of Sale and Purchase” means the terms and conditions governing a Customer’s purchase of the Products.
1.16. “Terms of Use” means these terms and conditions governing the Customer’s use of the Lazada Platform and/or Services.
1.17. “Trademarks” means any sign used to distinguish goods or services of different organizations or individuals, including the trademarks, service marks, trade names, and logos used and displayed on the Lazada Platform, including Trademarks that have been registered and unregistered of Lazada or third parties.
1.18. “Username” refers to the unique login identification name or code which identifies a Customer who has an account with Lazada.
1.19. “Discount Code” means a promotion code, goods purchase voucher, discount goods purchase voucher which may be used by a Customer, subject to other terms and conditions, towards the payment of purchases on the Lazada Platform.
1.20. “You” and “your” refer to individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.
1.21. “Business Day” means a day (excluding holidays, Saturdays, and Sundays) on which banks generally are open for business in Vietnam.
1.22. “Return Policy” means the return policy set out at Lazada Returns Policy.
1.23. “Seller” means domestic organizations, individuals (including Lazada), and international organizations, individuals having a legal business and commercial activities that are permitted by Lazada to use the services provided by Lazada and the related parties.
1.24. “User” means a Customer who has installed the Lazada mobile app and registered for a User Account on the Lazada Platform.
1.25. “Lazada User Account” means the electronic account on the Lazada Platform which the Customer registers for creation and Lazada accepts to create so that the Customer can access the Lazada Platform and/or use Services on the Lazada Platform.
2. Interpretation:
Any reference in these Terms of Use to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted, or extended at the relevant time. In these Terms of Use, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly”, as well as all references to a number of months, means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Use, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in the direction most appropriate to the context.
1. Your Compliance
You agree to comply with any and all the guidelines, notices, operating rules and policies, and instructions pertaining to the purchase of Products through the Lazada Platform, as well as any amendments to the aforementioned, issued by Lazada (whether as part of the use of the Lazada Platform or concerning the purchase of Products, on behalf of Seller), from time to time. Lazada reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time prior advance notice, and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Lazada Platform in accordance with Lazada’s policy and applicable laws.
2. Sellers
The Products on the Lazada Platform are sold by Sellers. Information of a particular Product listed for sale on the Lazada Platform by Sellers is stated on the product description page on the Lazada Platform. Products sold to Customer by Sellers will be governed by individual Customer contracts where:
(a) for the Products sold by Sellers (not Lazada), shall be agreements entered into directly and only between the Sellers and you; and
(b) for the Products sold by Lazada, shall be agreed directly between Lazada and you.
3. Product Price
3.1 The price listed on the Lazada Platform is final and includes value-added tax (VAT). Price is subject to change depending on the time and applicable promotion program. Delivery fees and/or charges (if applicable), will be clearly displayed on the checkout page when the Order is placed.
3.2 We always try to ensure that all information and prices displayed are accurate for each Product, however, there may be occasional errors or omissions due to objective factors. If any price defect is detected, the system will automatically cancel the Order, send an email and SMS to inform the Customer. Then, the refund request will immediately be initiated (if the Order has been paid in advance).
3.3 Sellers on the Lazada Platform can distribute the same Product with different price policies, Customer is free to select and compare offers among Sellers to get the most reasonable one. Lazada will not interfere with the pricing policy of the Seller if there is a dispute.
4. Product Information and Description
In case the Product received is not as described on the Lazada Platform, you can inform the Seller or the customer support department of Lazada as soon as possible after the receipt of the Product and at the same time, ensure that the Product is unused before returning. Please visit www.lazada.vn/helpcenter/returns for detailed application proces s.
5. Order Placement and Confirmation
5.1 You may place an Order by completing and submitting the required information on the Lazada Platform. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order information.
To ensure fairness and protect the interests of all Customers, we have the right to refuse the Orders that are in (but not limited to) the following circumstances:
(a) Orders that are not meant for personal use, bulk purchases, or serve the purpose of resale. For products that are in the electronic category, you can only purchase a maximum of two (2) Products/ day and five (5) Products/ month. For Products that are not in the electronic category, you can only purchase a maximum of five (5) Products/ day and ten (10) Products/ month.
(b) If Customer does not comply with any regulations, policies of Lazada, Lazada reserves the right to refuse Customer's order as well as suspend or terminate Customer's Lazada User Account permanently without prior notice.
(c) The shipping and/or billing address that the Customer provided during the ordering process cannot be changed after Lazada and/or Seller receives the order. To change such information, the Customer will need to cancel the current Order and place a new Order with the correct updated address.
5.2 Orders are irrevocable and unconditional: All Orders will be deemed to be irrevocable and unconditional upon transmission through the Lazada Platform and Seller shall be entitled (but not obliged) to process such Order(s) without Customer’s further consent and any further reference or notice to the Customer. Nevertheless, in certain circumstances as stated in these Terms of Use, the Customer has the right to request to cancel or amend the Order, and the Seller will endeavor to give effect on a reasonable-effort basis. However, notwithstanding the foregoing, the Seller is not obliged to give effect to any request to cancel or amend any Order.
6. Payment method
6.1 You can pay for your Order either via (i) on delivery or (ii) online payment (by credit card, bank card, or e-wallet(s) available on the Lazada Platform). In case the Products are provided by the cross-border sellers without a commercial presence in Vietnam, you agree to irrevocably authorize Lazada to process necessary procedures with the banks in Vietnam for making payments to the Sellers, including buying foreign currency and remit the payments to the cross-border sellers. For the avoidance of doubt, Lazada shall, under no circumstances, not be listed as the importer, exporter, consignor, or consignee in any export or import documentation.
6.2 Normally, the Customer can choose one of the above payment methods. However, for the Order whose value is from VND 50 million or above, the Customer cannot select the payment methods in cash upon receipt. During the operation, the order’s value may be paid in cash upon receipt of the Product as adjusted in accordance with the actual operation situation.
6.3 Unless otherwise provided and notified by Lazada, you are not required to pay any deposit for your Order. In case of receiving such kind of request from Lazada or any Seller, please kindly reject and immediately contact the customer support at HERE for further support.
6.4 You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its authorized agents (which may include Lazada), for any failure, disruption, or error in connection with your chosen payment method.
7. Secure payment
All information of Customers who make transactions on the Lazada Platform via credit or bank card is protected by data encryption. Additionally, the Customer needs to take note of the following points when making any online payment:
(a) Only make payments via websites with card system security certificates.
(b) Never let others borrow your credit card or bank card to make a payment on the Lazada Platform; in case of any unintended transaction, please inform Lazada immediately so that we can assist you in time.
(c) Check your credit card, bank card regularly to make sure all transactions are within your control.
8. Transaction process on the Lazada Platform
8.1. The steps involved in your shopping process on the Lazada Platform will basically take place in the following order (note: the interfaces and images below are for illustration purpose only and such interfaces can be changed from time to time):
(a) Option 1: Cash on Delivery (COD/Cash on Delivery)
Step 1: The Buyer researches information about the Product on the Lazada Platform.
Step 2: The Buyer orders the Product on Lazada Platform and at the payment step, the Buyer chooses “Cash on Delivery” in the “Payment methods” section.
Step 3: Lazada sends an order confirmation to the Buyer.
Step 4: The order will be proceeded and delivered within the specified time. The status of the Customer’s order will be updated on Lazada Platform, email, or text message sent to the Customer.
Step 5: The Buyer receives the goods and pays cash to the shipper on delivery.
(b) Option 2: Online payment via credit/ debit card
Step 1: The Buyer researches information about the Product on the Lazada Platform.
Step 2: The Buyer orders the Product on Lazada Platform and at the payment step, the Buyer chooses “Credit/ Debit Card” in the “Payment methods” section.
Step 3: The Buyer provides the information of his/her credit/ debit card to complete the payment for the order.
Step 4: Lazada sends an order confirmation to the Buyer in case of successful payment.
Step 5: The Order is proceeded and delivered within the specified time. The status of the Customer’s order will be updated on Lazada Platform, email, or text message sent to the Customer.
Step 6: The Buyer receives the goods.
For the credit card payment method, the Customer can choose to pay in installments via credit card for the applicable Product under Lazada's cooperation program with the bank issuing the Customer’s credit card. This procedure will comply with the regulations and instructions of each bank and will be publicly announced on the Lazada Platform.
(c) Option 3: Online payment via the Customer’s e-wallet provided by the entity cooperating with Lazada
Step 1: The Buyer researches information about the Product on the Lazada Platform.
Step 2: The Buyer orders the Product on Lazada Platform and at the payment step, the Buyer chooses a related e-wallet available on Lazada Platform in the “Payment Method” section.
Step 3: Lazada sends an order confirmation to the Buyer in case of successful payment.
Step 4: The Order is proceeded and delivered within the specified time. The status of the Customer’s order will be updated on Lazada Platform, email, or text message sent to the Customer.
Step 5: The Buyer receives the goods.
Note:
(a) For electronic purchase code, the Buyer may choose to receive the electronic purchase code under the form of online payment. After completing the payment, the electronic purchase code will be sent to the Buyer via mobile SMS, instant message on Lazada Platform in the Buyer’s account, or via the email provided by Buyer.
(b) In any case, the Customer can look up a transaction via the email address registered on the Lazada Platform. Besides, the Customer can look up transaction history when logging into their account via Order Management on the Lazada Platform.
(c) In case the Customer wants to edit any information, the Customer needs to inform Lazada via www.lazada.vn/contact.
9. Delivery of Products
9.1 Address: The Products may be delivered directly by the Seller, by post, or shipped by the shipping partners listed on the Lazada Platform to the address provided by the Customer in the Order.
9.2 Tracking: You may track the status of the delivery at the “Order Tracking” page of the Lazada Platform.
9.3 Delivery timeframe: You acknowledge that delivery of the Products is subject to the availability of the Products. Seller will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Lazada Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed, we will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available to the Seller.
9.4 For Products that are directly distributed by Lazada, Lazada, through Lazada’s shipping partners, offers nationwide delivery unless some restricted areas are stated otherwise on the Product’s information page.
9.5 For Products distributed by Sellers, the delivery area may be limited in accordance with the information updated on the Lazada Platform. In some cases where the delivery area is not up-to-date at the time of ordering, Lazada will contact to inform the Customer of the details.
9.6 The shipping agents will always try to offer the Customer door to door delivery whenever possible. However, depending on the location where the item will be delivered to, the shipping agents may or may not be able to offer door to door delivery (such as for apartment and office buildings due to their specific administration policy). In these cases, the Customer may support the shipping agents to collect the Product at the ground floor/ lobby. Where the Customer specifically instructs Lazada’s authorized agents to deliver the Product to a specific location, for example, outside the apartment or according to Customer's specific instructions on the delivery location, such delivery shall be at the Customer’s sole risk and the Customer accepts all liability and risk of loss, theft, and damage.
10. Receive Package and Check
10.1 From March 15, 2019, Lazada will apply the policy of “Do not support mutual check when receiving goods”. Accordingly, the Customer will not be entitled to open a package and only check the outside of the package. The Customer is only entitled to open the package after payment has been made fully to the delivery staff (in the form of cash payment upon receipt of Product).
10.2 If the Customer detects that the package has a distorted sign, no intact or wrong recipient information, the Customer has the right to refuse to receive the package. For prepaid Orders, when the Customer refuses to receive the package, Lazada will perform a refund procedure within ten (10) Working Days from the date of receiving the proper request from the buyers.
10.3 If Customer is not satisfied or has problems with received Product after having received and made the payment, Customer shall complain immediately to Lazada within 24 hours after receiving the package. The payment paid by the Customer for the Order will be refunded after obtaining the final decision of Lazada. For all information and instructions on how to appeal to Lazada, please refer HERE .
11. Risk and Property of the Products
11.1 Risk of damage to or loss of the Products shall pass to Customer at the time of delivery or if the deliverer of the Products improperly delivers the Products, the risk of damage or loss of the Products shall pass to the Customer at the time Lazada delivers the Products to the deliverer.
11.2 Notwithstanding delivery and the passing of risk in the Products or any other provision of these Terms, the ownership of the Products shall not pass to the Customer until Lazada has received in cash or cleared funds payment in full of the price of the Products and all other goods agreed to be sold by Lazada to the Customer for which payment is then due.
11.3 The Customer agrees with Lazada that the Customer shall immediately notify Lazada of any matter affecting Lazada’s title to the Products and the Customer shall provide Lazada with any information relating to the Products as Lazada may require from time to time.
11.4 Until the ownership of the Products passes to the Customer (provided the Products are still in existence and have not been resold) Lazada shall be entitled to demand the Customer to return the Products to Lazada and in the event of non-compliance, Lazada reserves its right to take legal action to request the Customer to return the Products and also reserves its right to seek damages and all other costs including but not limited to legal fees Lazada suffers.
12. Counterfeit, defective goods policy
12.1 Lazada aims to provide the best quality Products to Customers via the Products offered on the Lazada Platform and we refuse to sell the Products that violate the law of Vietnam (including but not limited to illegal manufactured Products, counterfeits, goods of unclear origin).
12.2 Sellers are required to comply with the laws related to Product quality and the origin and shall be held accountable to the Customers and the law in case of violation. If Lazada detects any violations, Lazada will apply sanctions against the Seller's breach and/or take remedial action for such breach in accordance with Lazada's discretion and Policies.
12.3 In case the Customer finds any violations, please inform us immediately by contacting the customer support at HERE for further support for information verification and support.
13. Change or cancel the transaction on the Lazada Platform
13.1 If the cancellation request is made before the Order status is changed to “Packed and is being handed over to a shipping partner”, the Customer may (i) Log in to the Lazada User Account on the Lazada Platform/ select ‘Manage My Order’ and click the CANCEL button and take the necessary steps as directed or (ii) contact the customer support department via hotline 19001007 or www.lazada.vn/contact (from 9:00 am to 6:00 pm) for assistance (in case Customer places the Order on the Lazada Platform without logging in). Note: Hotline number may be changed from time to time and shall be updated on the website.
13.2 If the cancellation request is made after the Order status is changed to “Packed and is being handed over to a logistics partner”, the Customer can only cancel the Order by refusing to receive the package when it is delivered.
14. Consequences of the provision of incorrect information on the Lazada Platform
14.1 The Customer is responsible for providing accurate and complete information when engaging in any transaction on the Lazada Platform. In case of provision of incorrect login and/or payment information that leads to the incompletion and/or interruption of the transaction, Lazada reserves the right to refuse to perform the transaction without being responsible for the order cancellation.
14.2 If Customer contacts Lazada or Lazada to contact the Customer to confirm the Order for any reason (including but not limited to high-value Orders, orders have signs of fraudulent) if the Customer cannot answer and/or verify the necessary information required by Lazada, Lazada has the right to cancel the Order in this case.
15. Promotion program
15.1 To bring more benefits to end consumers, Lazada and/or Seller will organize promotion programs. The terms and conditions of each promotion program will be updated on the Lazada Platform from time to time and can be modified by Lazada at any time in accordance with laws. It is the Customer’s responsibility to read and understand the terms and conditions of each promotion at the time of order.
16. Intellectual Property
16.1 Where applications, software, controllers or other computer programs and/or all other design details, technical handbooks or manuals, drawing or other data (all collectively referred to as “Product Materials”) are supplied to the Customer by Seller in connection with the Order, the use and retention of the Product Materials are subject to the terms and conditions of license or use (such as end-user licenses, restrictions or conditions of use) as may be prescribed by Seller or its licensors and must not be used other than strictly in accordance with such terms and conditions.
16.2 The Customer agrees and acknowledges that the Product Materials shall remain the property of Seller or its licensors. The Customer further agrees that any and all Intellectual Property embodied in or relating to the Product Materials shall remain the sole and exclusive property of Seller or its licensors. Unless otherwise expressly provided in the Order or the prior written consent of Lazada has been obtained, the Customer undertakes to return the Product Materials and/or any copies thereof upon Lazada’s request.
17. Security regulations
17.1 The Lazada Platform has the necessary security measures and tools to ensure the protection of Personal Data and payment information in the most comprehensive manner. All Customer’s information during the payment process is encrypted to ensure maximum protection. All transaction information is to be kept confidential, however, upon receiving a written request from an authorized law enforcement agency, we will have to provide this information to such agency in accordance with regulations.
17.2 The Customer is not allowed to use any programs, tools of any type to interfere with the system or alter the data structure. Lazada prohibits the spreading, propagation, or promotion of any activity that interferes with, sabotages, or otherwise infiltrates system data. Any individual or organization who violates will be deprived of all rights and prosecuted if necessary.
1. General
1.1 These terms and conditions apply to Lazada branded digital gift cards (the “Gift Cards”).
1.2 By purchasing or using Gift Cards, you agree to be bound by these Lazada Gift Card terms and conditions (the “Gift Cards Terms”), in addition to the Terms of Use, which are incorporated by reference into these Gift Card Terms.
1.3 For the avoidance of doubt, capitalized terms used and not defined in these Gift Cards Terms have the meaning as given to such terms in the Terms of Use. In the event of a conflict between the Terms of Use and the Gift Cards Terms, the provisions of these Gift Cards Terms shall prevail.
1.4 Customers should refer to the product details page on the Lazada Platform (“Product Details Page”) for specific terms and conditions and expiry dates.
2. Redeeming Gift Cards
2.1 Gift Cards cannot be used to purchase other Gift Cards.
2.2 If the value of your Order exceeds the value of the Gift Card, any outstanding Order balance must be paid using a different payment method.
2.3 If the value of your Order is less than the value of the Gift Card, the remaining Gift Card balance will become forfeit.
2.4 Unredeemed Gift Cards will expire in six (6) Months from the successful purchasing date unless otherwise specified in the Product Details Page.
2.5 Gift Cards are transferable in compliance with the terms of these Gift Card Terms.
2.6 Additional instructions on how to redeem a Gift Card are made available on the Product Details Page of the relevant Gift Card on the Lazada Platform.
3. Loss or Theft of Gift Cards
3.1 Once purchased, the title of ownership of the Gift Card shall be transferred to the Customer and it shall be the responsibility of the Customer and any Gift Card, including accompanying digital or pin codes that are lost or stolen shall not be replaced.
4. Customer’s Obligations
The Customer acknowledges and agrees that:
4.1 Gift Cards can only be redeemed within the period specified on the Product Details Page;
4.2 Gift Cards shall not be redeemed on certain black-out dates or promotion dates specified by Lazada;
4.3 The Customer shall not use Gift Cards or permit the use of Gift Cards in any manner which may adversely affect other Customers’ use of Gift Cards and/or any other Service provided to such Customers, as Lazada may reasonably determine;
4.4 Gift Cards are offered to the Customer on an “as is” basis;
4.5 The Customer is responsible for all information the Customer submits, transmits, or otherwise make available during the purchase or redemption of any Gift Card;
4.6 Lazada expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise, or any representations or warranties arising from usage or custom or trade or by operation of law, including (without limitation) as to the sequence, originality, correctness, completeness, accuracy, timeliness, currency, non-infringement, merchantability or fitness for any particular purpose concerning any Gift Cards.
5. Refunds, Exchange, and Cancellations
5.1 Any Gift Cards bought cannot be returned, refunded, or canceled on the Customer’s request after purchase.
5.2 Issued Gift Cards cannot be exchanged for cash in any form.
5.3 Replacement of the Gift Card may be allowed, at Lazada’s sole discretion, if there is a systemic failure caused by any act or omission of Lazada.
5.4 Exchange of a Product purchased using a Gift Card shall be subject to Lazada’s or the Seller’s terms and conditions on the Lazada Platform.
5.5 Lazada reserves the right to cancel or reject the use of any Gift Cards at its sole discretion, including without limitation, where it deems or suspects that any transaction is fraudulent.
6. Availability of Gift Cards
6.1 The Customer acknowledges that purchase or redemption of Gift Cards is subject to resource availability on the Lazada Platform.
7. Use and Disclosure of Data
7.1 The Customer agrees that Lazada shall be entitled to use or disclose any information or data disclosed by the Customer in connection with the use of Gift Cards in accordance with Lazada’s Privacy Policy. The Customer is entitled to withdraw such consent in the procedure as prescribed by Lazada from time to time and the Customer agrees that in such case the Gift Cards may not be redeemable.
7.2 Order fulfillment concerning Gift Cards may be handled by a Seller, in which case Customers may receive direct communication of Gift Card PIN codes from the Seller.
8. Miscellaneous
8.1 The rights and protections conferred on Lazada under these Gift Cards Terms shall be additional to the rights and protections conferred on Lazada under the Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed to or accepted by the Customer.
8.2 Any clause in the Gift Cards Terms, Terms of Use, Privacy Policy and other terms and conditions as may be agreed to or accepted by the Customer that is invalid, unenforceable, or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.
8.3 Lazada reserves the right to alter, modify, add to or otherwise vary these Gift Cards Terms from time to time, and in such manner as Lazada deems appropriate. The Customer shall be bound by the terms and conditions so amended. In any event, if the Customer continues to use the Gift Cards after such amendment, the Customer shall be deemed to have accepted the amendments. To avoid misunderstanding, the modification, supplementation, or replacement of the Gift Card Terms will, under any circumstances, ensure not to adversely affect the interests of the Customer who had the Gift Card before the modification time.
1. Discount Codes are valid only on the Lazada Platform.
2. To use the Discount Code, the Discount Code must be entered at the checkout page.
3. Each Discount Code can be either single or multi-use depending on the terms and conditions applied for each specific Discount Code.
4. Lazada reserves the right to cancel or modify the Orders, or revoke the use of Discount Codes, where the Discount Codes were used in the following circumstances:
(a) Suspicious or fraudulent Discount Code use;
(b) Discount Code abuse, including the redemption of Discount Codes using multiple accounts or multiple checkouts associated with the same Customer or group of Customers; or
(c) Discount Code used in bad faith (including resold Discount Codes or use of Discount Codes by the Customers purchasing products for re-selling purposes, identified either by purchase behavior or business name and address).
5. Unless otherwise stated, Discount Codes or other promotional discounts are not valid in conjunction with other tactical promotions or discounts, except for pre-discounted products on Lazada.
6. Additional terms and conditions may be specified concerning specific Discount Code (for example, duration, discount amount, and products covered), and will govern the use and redemption of those Discount Codes.
7. The Customer is required to provide accurate and sufficient information (including but not limited to, full name, email, phone number) when placing an order on the Lazada Platform. In case of any inaccurate and/or insufficient information provided by the Customer leading to the Customer not receiving the Discount Code, Lazada will take no responsibility to re-active and re-issue the Discount Code.
8. Lazada Discount Codes are not exchangeable for cash in any form. Under no circumstances shall Discount Codes be resold or transferred by, or to, Customers, for monetary value or otherwise. Save for where expressly permitted by Lazada, Gift Cards shall not be regarded, construed, implied, or used as valuable or exchangeable instruments under any circumstance.
9. In case the Order of Customer is eligible for Fast Refund policy, Lazada will not re-issue and/or re-activate validity of any Discount Code which has been applied for such Order (Except Discount Code sponsored by Lazada's partners. The Customer can contact the customer support for further support.
10. Unless stated otherwise in their specific terms and conditions, each Discount Code:
(a) can only be applied once;
(b) in case the value of purchasing Order is lower than the value of Discount Code, the remaining amount will not be reimbursed; and
(c) in case some Products of the Customer are entitled to refund/further support via Discount Code, the total Discount Code value will not be aggregated or subdivided.
11. Discount Code will be applied on Product’s value only (not applicable for shipping fee or other fulfillment fees).
12. Lazada reserves the right to change these terms and conditions or cancel any promotions at any time.
1. Definitions and interpretation
1.1 In these terms and conditions of LazMall, unless the context otherwise requires, the following definitions shall apply:
“Counterfeit”, concerning the Lazmall Products, shall mean a Product which is an illegal reproduction or imitation of an existing branded Product and includes but is not limited to a Product:
(a) which bears a sign identical with, or similar to any Intellectual Property, and
(i) the application of the sign to the Product or the packaging thereto is an infringement of the Intellectual Property; or
(ii) the Product is proposed to be imported into Vietnam, and the application of the sign to the Product of the packaging thereto would be an infringement of the Intellectual Property; or
(iii) the sign has otherwise been used concerning the Product or the packaging thereto in such a way as to infringe the Intellectual Property;
(b) where the sign bore on the Product or the packaging thereto is identical with, or so nearly resembling, the Intellectual Property as to be calculated to deceive; and
(c) the sign borne on the Product or the packaging thereto is applied without the consent of the proprietor of the Intellectual Property, and to falsely represent the Product to be the genuine Product of the proprietor or a licensee of the Intellectual Property.
“Guaranteed Delivery Badge” means the icon applied to the Product Details Page of selected LazMall Products to indicate that the LazMall Guarantee is available for these LazMall Products. The Guaranteed Delivery Badge is represented by the following icons:
“Fast Refund” shall mean a refund of a returned item to you, initiated at the point when you deliver the returned item back to Lazada.
(a) Lazada reserves the right to decide in its sole and absolute discretion, on a per-item basis, if Fast Refund will be available or not.
(b) Factors that determine Fast Refund availability, including but not limited to:
(i) Item price and type;
(ii) Payment type;
(iii) Purchase and refund history.
(c) Lazada reserves the right to change the factors that determine Fast Refund availability in its sole and absolute discretion from time to time.
“LazMall Channel” means the sales channel operated by Lazada on the Lazada Platform for the LazMall Program.
“LazMall Products” means goods purchased from a Seller or Lazada, on the LazMall Channel.
“LazMall Terms” means these terms and conditions, as amended by Lazada from time to time.
“Order Detail Page” means the page where the Customer can review information regarding his/her Order for the relevant Products available on the Lazada Platform.
“Delivery Detail Page” means the page where the Customer can review delivery information regarding his/her Order for the relevant Products purchased from the Lazada Platform.
“Product Details Page” means the product details page of the relevant goods available on the Platform.
2. Service Terms
2.1 These LazMall Terms shall apply to your purchase of LazMall Products. Such LazMall Products can be identified from the “LazMall” badge on the product listing page of the goods.
2.2 By purchasing LazMall Products, you agree to be bound by these LazMall Terms, as amended from time to time, in addition to the Terms of Use, which are incorporated by reference into these LazMall Terms.
2.3 For the avoidance of doubt, capitalized terms used and not defined herein have the same meaning as given to such terms in the Terms of Use.
2.4 In the event of a conflict between the provisions of these LazMall Terms and the Terms of Use, the provisions of the LazMall Terms shall prevail.
3. Representation and warranty
3.1 Lazada represents and warrants that the LazMall Products are not Counterfeit.
3.2 Save as provided in Clause 3.1 and the Terms of Use, Lazada expressly excludes any guarantee, representation, warranty, condition, term, or undertaking of any kind.
3.3 Notwithstanding anything to the contrary in the Terms of Use, your sole and exclusive remedy for Lazada's breach of the representation and warranty given in Clause 3.1 shall be limited to this Clause 3.3.
(a) If you believe that the LazMall Products which you have purchased does not conform to the representation and warranty given in Clause 3.1, you must make a refund claim in accordance with the procedure, and subject to the exceptions and limitations, set out in the Return Policy, within fifteen (15) days of the date on which you received the LazMall Products.
(b) Following your refund claim, you will be provided with a template refund claim form (“Claim Form”), within which you should state the reasons for your belief that LazMall Products which you have purchased does not conform to the representation and warranty given in Clause 3.1.
(c) You shall return the LazMall Products to Lazada in accordance with Lazada’s instructions. Once Lazada receives the LazMall Products, Lazada shall refund you the full purchase price of the LazMall Products within a reasonable period.
(d) Following the return of the LazMall Products to Lazada, Lazada shall verify your Claim Form. To facilitate such verification, you shall use your best endeavors to fully cooperate with Lazada. If Lazada determines, in its sole and absolute discretion, that the LazMall Products does not conform to the representation and warranty given in Clause 3.1:
(i) Lazada shall issue a Discount Code equivalent in value to two times of the full purchase price of the LazMall Products to your Lazada User Account; and
(ii) You shall release and hold harmless Lazada from any and all liability arising out of or in connection with your purchase of the LazMall Products.
(e) If Lazada determines, in its sole and absolute discretion, that the LazMall Products does conform to the representation and warranty given in Clause 3.1, you shall release and hold harmless Lazada from any and all liability arising out of or in connection with your purchase of the LazMall Products.
(f) Lazada’s determination according to this Clause 3.3 shall save in the case of manifest error, shall be final and binding on you.
(g) If you fail to make a refund claim within fifteen (15) days of the date on which you received the LazMall Products, as set out in Clause 3.3(a), you are deemed to have accepted the LazMall Products as conforming to the representation and warranty given in Clause 3.1.
4. Availability of LazMall Guarantee
4.1 Lazada may offer guarantees for delivery of selected LazMall Products within specified dates (the “LazMall Guarantee”). Availability of the LazMall Guarantee for LazMall Products shall be indicated by the appearance of the Guaranteed Delivery Badge on the Product Details Page. For the avoidance of doubt, where the Guaranteed Delivery Badge does not appear, the LazMall Guarantee is not available.
4.2 The dates for delivery of LazMall Products according to the LazMall Guarantee shall be reflected on the Order Detail Page and the Delivery Detail Page. You acknowledge and agree that any timelines or dates shown for delivery on the Lazada Platform in respect of the LazMall Guarantee, save for the dates indicated on the Order Detail Page and the Delivery Detail page, are only indicative estimates, and you shall not hold Lazada directly or indirectly liable for any losses arising out of or in connection with any reliance that you place on such estimates.
5. Terms and Conditions of the LazMall Guarantee
5.1 Subject to the availability of the LazMall Guarantee as set out in Clause 4 and the terms and conditions of the LazMall Guarantee as set out in this Clause 5, you shall receive payment for the amount specified in the Product Details Page as compensation where Lazada delivers the LazMall Products to you after the latest date, or after the timeframe, specified in the LazMall Guarantee section of the Order Detail Page and the Delivery Detail Page (“Compensation”). Save for the Compensation, you hereby agree that you shall not have, and hereby waive and relinquish, any other rights or claims in respect of the LazMall Guarantee not being fulfilled.
5.2 You shall be entitled to Compensation for each Order you place through the Lazada Platform, regardless of the number of LazMall Products which are placed according to such Order, or the number of LazMall Products which are delivered to you after the latest date, or after the timeframe, specified in the LazMall Guarantee section of the Order Detail Page and the Delivery Detail Page. To illustrate, if you purchase two (2) LazMall Products under one Order, and Lazada or its agent is unable to fulfill the LazMall Guarantee, you shall be entitled to receive the Compensation of the amount specified on the Product Details page.
5.3 Where Compensation is paid to your Lazada User Account in form of Discount Code which is issued to your eM rebate Wallet, Lazada reserves the right to impose restrictions or limitations to the use of the Discount Code, including but not limited to, expiration dates, transfer of the Discount Code to other Users, or restrictions to use with Products, or categories or classes of Products, as specified by Lazada at its sole and absolute discretion. For the avoidance of doubt, the Compensation made in form of the Discount Code cannot be exchanged or redeemed for cash.
5.4 Notwithstanding that the LazMall Guarantee has been made available for the LazMall Products you select, you hereby agree to waive your right to Compensation where any of the following take place:
(a) Delivery address for the LazMall Products is incorrect or incomplete;
(b) You refuse to accept, or fail to make payment for, the LazMall Products, for any reason whatsoever;
(c) You fail to make payment for the LazMall Products to be eligible for the LazMall Guarantee before the date and time set out in the Order Detail Page;
(d) You request any amendments to the time of delivery, delivery address or mode of delivery after the Order has been made;
(e) You fail to adhere to any of the delivery instructions issued by Lazada or our agents, including where you or your representative are not present to receive the LazMall Products when Lazada or Lazada’s agent attempts delivery, or any of the instructions you issue to Lazada or our agents for delivery cannot be reasonably fulfilled;
(f) You specify for the delivery of the LazMall Products to be made to a collection point;
(g) Delivery cannot be made to your address for reasons due directly or indirectly to an event or failure which is beyond Lazada’s reasonable control, including acts of God, natural disasters, war, rebellion, revolution, contamination, pollution, acts or threats of terrorism, or riots; or
(h) Delivery of the LazMall Products cannot be made to the delivery address you specify in the Order Detail Page and the Delivery Detail Page for any other reason.
5.5 You acknowledge and agree that Lazada has the sole and absolute right to determine if any of the circumstances set out in Clause 5.4 have taken place. You agree that you shall not dispute any of Lazada’s determinations in this regard.
5.6 Lazada reserves the right not to issue Compensation to you at its sole discretion and with no reference or notice made to you, for any reason whatsoever.
6. Fast Refund
6.1 LazMall may offer the Fast Refund for selected LazMall Products. However, the availability of Fast Refund is decided on a per-item basis by Lazada in its sole and absolute discretion.
7. Use and disclosure of data
Customer agrees that Lazada shall be entitled to use or disclose any information or data disclosed by the Customer in accordance with Lazada’s Privacy Policy. The Customer is entitled to withdraw such consent in the procedure as prescribed by Lazada from time to time.
8. Miscellaneous
8.1 You shall be bound by and shall fully observe and comply with these LazMall Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by you. The rights and protections conferred on Lazada under these LazMall Terms shall be additional to the rights and protections conferred on Lazada under the Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by you.
8.2 Any clause in these LazMall Terms, all Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by you, that is invalid, unenforceable, or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.
8.3 Lazada reserves the right to alter, modify, add to, or otherwise vary these LazMall Terms from time to time, and in such manner as Lazada deems appropriate. You shall be bound by the terms and conditions so amended. In any event, if you continue to use the Service after such notice, you shall be deemed to have accepted the amendments.
I. General Terms
For the Product supplied by the Seller on the Lazada Platform:
The Seller is responsible for receiving the Product warranty of the Customer as committed in the Product warranty card, in case the Product needs warranty support.
The Customer should always hold the warranty card and has the right to visit the place supplying the Product for warranty support or to make a request for maintenance at home for a home-fixed Product.
The Customer has the right to complain with the Seller in case the Seller rejects the Customer’s request for the Product’s warranty and maintenance while it is still in the warranty period indicated on the warranty card.
When purchasing the Products on the Lazada Platform, the Customer needs to learn about the warranty policy applicable to the Product of the Seller concerned. Lazada recommends that the Customer need to check the warranty and maintenance policies applicable to the Product intended to be purchased. Lazada is not the main responsible party in the warranty of the Product of the Seller on the Lazada Platform. If the Customer needs assistance or makes complaints, Lazada's customer care department shall receive that information and discuss it with the Seller. Lazada shall endeavor to assist the Customer within its allowed capacity to get the Seller’s Product covered under the manufacturer's warranty regime.
For electronic purchase code, the warranty/return policy (if any) is specifically stated on each electronic purchase code and shall be borne by the Seller for implementation.
II. Warranty Conditions
1. A Product is eligible for a warranty free of charge if satisfying the following conditions:
The Product has warranty support following the Seller’s policy and under the warranty period.
The Product has technical defects caused by the manufacturer.
The Customer still keeps purchase invoices from Lazada.vn.
The warranty card is intact, unpatched, uneased, unmodified.
Warranty card describes full information: model, serial number, date of manufacture, name of Customer, address, date of purchase (for Products not applicable to electronic warranty).
The warranty stamp (and seal stamp) of the manufacturer, the Seller on the Product is intact.
2. No warranty or warranty with charges for the following cases:
Breach of one of the conditions of free-of-charge warranty in Section 1.
Serial number, Product model does not match with the information indicated in the warranty card.
The Customer himself interferes with product repair or has Product repaired at warranty centers that are not authorized by the manufacturer, the Seller.
The Product is damaged due to the user’s fault, and such fault is not covered by the warranty scope of the manufacturer, the Seller.
III. Warranty Period
The warranty period is counted from the date of purchase or the date of manufacture depending on the Product type and is expressly specified on the relevant warranty card. For Products covered by electronic warranty, the warranty period is counted from the moment of activating the electronic warranty.
IV. Warranty Center
Information of warranty centers shall be indicated in the warranty card attached to the Product. Please contact the warranty center directly (if any) designated on the warranty card.
If having difficulty in contacting warranty centers, the Customer should contact the relevant Seller.
In case the Customer is unable to contact the Seller, the Customer may raise a support ticket at www.lazada.vn/contact or directly contact Lazada’s customer support department.
V. Warranty, Repair Period
The average time for the repair, the warranty usually takes several days depending on the components to be replaced and the relevant warranty center shall give the Customer more details.
1) When returning Products, please ensure the following factors:
- The Product must be returned with Return Registration Form and VAT invoice of Lazada or seller’s receipt (if any).
- The Product must be returned with all of its accessories (including user manual, warranty card/stamp, Product’s packaging) and gifts or other promotions associated with the Product (if any).
- Product is still within the return period (7, 14, or 15 calendar days from the date of receiving Products – depending on applicable policy specified for each Product listed on Lazada Platform).
- Reasons for returning goods must be valid and meet the conditions for acceptance of return as published on the official website of www.lazada.vn at Help Center, Return section.
- Products that are in the special categories of goods shall have specific return conditions – please see on the official website of www.lazada.vn at Help Center, Return section.
Notes:
- Lazada shall not receive the Customer’s return request if the Product to be returned does not meet all of the factors listed above.
- In case of returning a Product due to the Customer’s change of mind, the Customer must ensure that the Product shows no sign of use and its seal (if any) must remain intact. However, Lazada will not refund any cost incurred for this order, including the order processing fee and delivering fee (if any).
- Customers can view details of conditions for Product return and replacement on the Product detail page to refer to the specific conditions applied to each Product that they are interested in.
2) In case of a product to be returned by shipping via the post office, within seven (7) days (excluding Sunday) from the date that the online return form has been successfully submitted on the Lazada Electronic Platform, the Customer is responsible for bringing the parcel to the designated post office for shipping. Beyond this period, Lazada has the right to understand that the Customer no longer wants to return the Product, and thus, the system will automatically cancel the Customer’s return request. To re-create the online return form, the Customer should contact our Customer Support at www.lazada.vn/contact for support. However, it is noted that the return request can only be created up to two (2) times for the same one (1) Product and must be within the return deadline.
3) The return lead time will take longer in the following cases:
- Missing of accessories (except for cases where Customer returns goods with the return reason that is “goods missing accessories on delivery”)
- Missing VAT invoice or receipt.
- Missing documents attached to the Product when receiving the Product such as manual, warranty card, Product’s packaging.
- The Product is damaged due to the Customer’s careless package during the transportation back to Lazada.
- Arising issues regarding the Product’s defects that are not mentioned in the original reason for the return which the Customer notified Lazada via the online return form, by phone, or by email.
4) In case the return reason is a damaged Product or missing items: Lazada only supports if the Customer notifies Lazada within 24 hours of the receipt of goods. Lazada may request the Customer to provide pictures of the Product and other information regarding the Product, the process of delivery, and receipt for cross-checking with related parties.
5) Promotional gifts attached to the Product: shall not be applied with return policy unless the Product is defective by the manufacturer and does not meet the quality.
6) For large home appliances and large indoor furniture: due to their special nature, Lazada shall not support the return request in the following cases:
- Change of mind.
- The Product has been installed/assembled or used: in case of being defective, we shall be responsible to support the warranty in accordance with the manufacturer’s policies.
7) For electronic, telecommunication equipment such as TV, laptop, mobile phone, tablet, having “dead spot” issue, Customer will be eligible for Return or Refund if QC’s results record at least three (3) "dead spots" or more.
8) Refund method:
- For orders paid by online payment methods, the refund will be made in correspondence with the Customer's payment method. To avoid misunderstanding, if the Customer chooses to pay online with a debit card, credit card, ATM card, or e-wallet, the refund amount will be transferred directly to the same account that is used to pay for the related order.
- For orders paid by cash, the Customer can choose a refund method via (i) Discount Code or (ii) bank transfer to account filled in his online return form on Lazada Electronic Platform. The Customer cannot change the refund method after successfully creating the return form.
1. Acceptance of Terms and Conditions
1.1. The following Lazada Platform engagement tools terms and conditions (the “Engagement Tools Terms”) govern the use of the Lazada Platform engagement tools and other related Services (collectively, the “Tools” and, each a “Tool”) provided by Lazada on the Lazada Platform.
1.2. By using any of the Tools, the Users agree to be bound by these Engagement Tools Terms. The Engagement Tools Terms are in effect concurrently with the current Terms of Use and are incorporated into these Engagement Tools Terms by reference. Unless otherwise specified, terms defined and regulated under these Terms of Use will apply to these Engagement Tools Terms.
1.3. The use of the Tools may be subject to additional terms (“Additional Terms”) that Lazada may prescribe from time to time. Concerning any Tool, the Additional Terms that govern the use of such Tool shall be made accessible via such Tool. If you do not agree to any of the Additional Terms, you should discontinue your use of the Tools that are subject to those Additional Terms.
1.4. In the case of any inconsistency or conflict between any documents referred to in these Engagement Tools Terms that is not expressly resolved in those documents, such inconsistency or conflict will be resolved in the following order of descending priority: the relevant Additional Terms, the Engagement Tools Terms, and the Terms of Use.
2. Tools Conditions
2.1. The Tools are offered solely for a User’s personal entertainment and benefit. The use of the Tools for business or commercial purposes of the User is strictly prohibited.
2.2. Lazada may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend, discontinue the provision of, or remove any of the Tools, and Lazada shall not be liable if any such upgrade, modification, suspension, discontinuation or removal affects your use of the Lazada Platform or prevents you from accessing any of the Tools.
2.3. Users shall be prohibited from running the Tools (including all individual mobile application page interfaces) with programs other than the relevant Lazada client program provided by Lazada. For illustration purpose, examples of prohibited programs include automated bots and other tools meant to replace or supplement the relevant Lazada client program provided by Lazada, as well as scripts and completely or partially automated programs that provide any User with any advantage over other Users by enabling, for example, auto-refresh functions and other integrated browser mechanisms that use or concern automated procedures for using the Tools.
2.4. Users are, under no circumstances, permitted to do any of the following:
(a) create, exploit or use bugs, cheats, mods and/or hacks, or any other third-party software products that may change the result, function, or gameplay of the Tools;
(b) use software that allows the mining or scraping of data or otherwise intercepts or collects information in connection with the Tools;
(c) use any rewards (for instance, virtual items such as LazCoins, deals, Discount Code of the Lazada Platform, and Discount Code of the Sellers) acquired via the Tools for any purpose other than the purchase of Products on the Lazada Platform;
(d) sell, buy or exchange Lazada User Accounts on the Lazada Platform; and
(e) the foregoing shall include all circumventions, similar actions, or actions that produce an effect that matches the aforementioned prohibitions.
3. Warranties and Liability
3.1. Lazada offers Tools within the context of its technical and operational capabilities.
3.2. Unless expressly set out in these Engagement Tools Terms or the relevant Additional Terms, to the fullest extent permitted by law, neither Lazada nor any of its service providers or affiliates makes any warranty (whether express or implied), representation, or undertaking about the Tools (for instances, their accuracy, availability, and reliability), any software or hardware used with the Tools, any application or feature accessed by a User using the Tools, or the reliability or quality of the underlying telecommunications network accessed by such User using the Tools.
3.3. The Tools are provided on an “as is” and “as available” basis, and their availability is subject to the availability, functionality, and reliability of resources used to provide the Tools (for instance, the Lazada Platform, Lazada’s systems, and the relevant third party tools), downtime and lack of availability (whether for technical reasons, required maintenance work, or others), as well as events, circumstances or causes beyond Lazada's reasonable control.
3.4. To the fullest extent permitted by law, Lazada shall not be responsible to any User for any loss, damage, fines, legal action, claim, or compensation of whatever nature arising from or relating to such User's use of, or inability to use, the Tools (collectively, the “Liabilities”) which, for instance, includes (i) such User’s breach of these Engagement Tools Terms, (ii) any alleged unauthorized transactions, disruptions, errors, defects or unavailability of the Tools, and (iii) any loss of data or damage to any software or hardware used by such User to access the Tools.
3.5. If any Liabilities are not excluded under Clause 3.4 of these Engagement Tools Terms, to the fullest extent permitted by law, Lazada’s maximum aggregate liability to any User in respect of such Liabilities, whether under all applicable laws of contract, tort, or otherwise, shall be limited to VND1,000,000.
4. Content Restrictions
4.1. The Tools include various content, imagery, recording, media, and graphics that are protected by trademarks, copyrights, or other means for the benefit of Lazada or third parties. Unless explicitly permitted by these Engagement Tools Terms, or otherwise agreed in writing by Lazada, no User or any third party may edit, copy, distribute, publicly reproduce or use any Tool for any purpose other than the purpose set out in clause 2.1 of these Engagement Tools Terms. Copyright information and brand names may not be changed, hidden, or removed. The term “content” includes all and any data, images, text, graphics, music, sounds, effect, videos, software programs and codes, and any other information provided or developed by Lazada, and any such services available for download.
4.2. Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of the Lazada Platform, the Tools, or any individual services or functions on the Lazada Platform. Users are also required to abstain from any measure which may allow unauthorized access to data.
5. User’s Obligations
5.1. Each User acknowledges and agrees:
(a) to comply with all applicable laws and regulations when using the Tools;
(b) to comply with all third party terms (including, for instance, any applicable terms of use, policies, and guidelines, as well as third party terms of sharing channels that a User may use to invite others to use the Tools) that apply to the use of the Tools used by such User;
(c) to be responsible for all information that is communicated, submitted, or transmitted, whether to Lazada or third parties, from such User's account or device in the course of such User’s use of the Tools;
(d) not to use the Tools or permit the use of the Tools in any manner which may adversely affect other Customers’ use of the Tools or the goodwill or reputation of Lazada or the Lazada group of companies; and
(e) to be responsible for complying with these Engagement Tools Terms.
5.2. Where Lazada, in its sole discretion, discovers or suspects that a User has breached any of these Engagement Tools Terms or the relevant Additional Terms, Lazada may take all such steps and remedies as it deems appropriate. Such steps may include, amongst other steps that Lazada may deem fit from time to time, the following:
(a) to investigate such Lazada User Account;
(b) to prevent, restrict or suspend the access of such User to the Tools (or any part thereof) or the Lazada Platform;
(c) to report any activity, it suspects to be in violation of any applicable law, statute, or regulation to the appropriate authorities and to co-operate with such authorities;
(d) to forfeit any rewards which a User may have received due to the User’s use of the Tools; and
(e) to cancel any Orders placed during a User’s use of the Tools.
6. Data Collected by Lazada
6.1. Lazada may collect Personal Data from the Users in the course of their use of the Tools. Such Personal Data may include photographs, names, and usernames that a User may upload, provide, or use.
6.2. Any Personal Data that Lazada collects may be used by it, or shared with or transferred to third parties (including related companies, third-party service providers, and other Users), for any or all of the following purposes:
(a) to display on scoreboards on the Lazada Platform (as defined in the Terms and Conditions) concerning the Tools;
(b) to facilitate the administration of the Tools and any rewards associated with the Tools; and
(c) to otherwise facilitate the use of the Tools.
6.3. For the avoidance of doubt, the Privacy Policy (and the notification of the purposes of data collection therein) as referred to in the Terms and Conditions shall apply to all Personal Data referred to under these Engagement Tools Terms.
7. Miscellaneous
7.1. If at any time any provision of these Engagement Tools Terms or any Additional Terms shall be held to be illegal, invalid, or unenforceable, in whole or in part, the provision shall apply with whatever deletion or modification is necessary so that the provision is legal, valid and enforceable and gives effect to the commercial intention of Lazada. To the extent it is not possible to delete or modify the provision, in whole or in part, under this clause, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of these Engagement Tools Terms or the relevant Additional Terms, as the case may be, and the legality, validity, and enforceability of the remainder of these Engagement Tools Terms or the Additional Terms (as the case may be) shall, subject to any deletion or modification made under this clause, not be affected.
7.2. Lazada reserves the sole right to alter, modify, add to, or otherwise vary these Engagement Tools Terms at any time and from time to time, and in such manner as Lazada deems appropriate at its absolute discretion and in accordance with laws. In the event of variation of these Engagement Tools Terms, if you continue to use the Tools thereafter, you shall be bound by the Engagement Tools Terms as so amended and shall be deemed to have accepted the Engagement Tools Terms as so amended.
7.3. The laws of Vietnam shall govern and construe the Tools and these Engagement Tools Terms. Any dispute arising out of or relating to these Engagement Tools Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by the Vietnam International Arbitration Centre (VIAC) at the Vietnam Chamber of Commerce and Industry arbitration in accordance with the Arbitration Rules of the Vietnam International Arbitration Centre (“VIAC Rules”), which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of three (3) arbitrator(s). The language of the arbitration shall be Vietnamese.
1. LazCoins are digital reward points that Lazada issues to you for your continued engagement on the Lazada Platform. Lazada issues LazCoins to you solely for use on the Lazada Platform in accordance with these LazCoins terms of use (“Lazcoin Terms of Use”). By participating in engagement activities on the Lazada Platform, including obtaining LazCoins in any manner, you confirm that you have read, understood, and agreed to these Lazcoin Terms of Use, which constitutes a legally binding agreement between you and Lazada under applicable law.
2. LazCoins have no cash or monetary value and LazCoins shall not be exchanged for currency in any form. Under no circumstances shall LazCoins be purchased, resold, or transferred by, or to, Users, for monetary value or otherwise. Save for where expressly permitted by Lazada, LazCoins shall not be regarded, construed, implied, or used as valuable or exchangeable instruments under any circumstance.
3. LazCoins expire three (3) months after they are credited to your Lazada User Account. Expiration dates are rounded up to the final day of the month which LazCoins expire. To illustrate, if a LazCoin is credited to your Lazada user account on 15 June 2020 it shall expire on 30 September 2020. Lazada reserves the right to alter the expiration date of any LazCoins issued to you from time to time. You acknowledge and agree that Lazada shall not be liable for any losses that you, or any third party, incur as a result of an alteration of the expiration date of LazCoins.
4. The quantity and availability of LazCoins issued to you when you participate in engagement activities on the Lazada Platform shall be determined by Lazada. You can check your LazCoins balance and redemptions history in your Lazada User Account. Your LazCoins balance and redemption history as set out in your Lazada User Account shall serve as conclusive evidence of the same.
5. LazCoins may be exchanged for (a) electronic purchase code(s) for Users to obtain discounts or other benefits on Products listed on Lazada Platform, (b) free Products as offered by Lazada or Lazada’s business partners, (c) participation in promotional events and/or user engagement tools and mechanics on Lazada Platform, and/or (d) any other Products, rewards, electronic purchase code or physical vouchers, as Lazada may announce or notify to you from time to time (collectively “LazCoin Rewards”). The exchange of LazCoins for LazCoin Rewards may be subject to further terms and conditions specific to a promotional scheme, program, or activity. The issuance of LazCoins by Lazada to you shall NOT be constituted, considered, construed, or implied as a reservation of any promotional Products on Lazada Platform made by Lazada in your favor.
6. Lazada determines the number of LazCoins required for an exchange for LazCoin Rewards. This quantity of LazCoins may change from time to time as announced or notified by Lazada to you.
7. Any LazCoins issued to any User shall be exchanged for LazCoin Rewards only during the period specified by Lazada, subject to the availability of the applicable LazCoin Reward. The period during which a User may exchange LazCoins for LazCoin rewards may be specified or amended by Lazada at any time, included after the initial launch of the promotional scheme, program, or activity which allows you to exchange LazCoins for LazCoin rewards.
8. Lazada reserves the right to cancel or void any LazCoin issued to a User, any Orders placed in connection with any LazCoin, including where used in conjunction with an electronic purchase code, or any Orders for Products placed in connection with any LazCoin, where it determines or reasonably believes that such User has breached any provision under any terms and conditions applied to Users on Lazada Platform, including but not limited to any specific game rules, the Terms of Use; the Terms and Conditions of Sale and Purchase; and Engagement Tools Terms. For the avoidance of doubt, Lazada may reject a User’s request to redeem LazCoin where Lazada reasonably believes that that the redemption transaction may be suspicious, illegal, involves any criminal activity, or involves LazCoins that have been obtained through dishonest or fraudulent means or abusive behavior of the Users.
9. Lazada reserves the right to amend, modify, and supplement the terms and conditions as provided by the Lazcoin Terms of Use from time to time in accordance with applicable laws. You agree that you are responsible for accessing, reviewing, and keep yourself updated with all these amendments. Your continued earning and/or using LazCoin after such amendments shall be deemed as your confirmation and acceptance of such amendments and all the amendments shall be valid and applicable to you.
10. All concerns relating to LazCoin should be directed to Lazada customer care through www.lazada.vn/helpcenter/ . You agree that any claims concerning LazCoins shall be made within one (1) month of the issuance date and we may require relevant evidence that may include your personal information to support your claim.
Recess Company Limited – Floor 19, Saigon Centre – Towel 2, 67 Le Loi, Ben Nghe Ward, District 1, HCMC.
Enterprise Registration Number: 0308808576
Legal Representative: Zheng Dong (James Dong)
Title: General Director