Terms & Conditions

1. Interpretation

1.1 In these Conditions:

"Buyer" means the person who generates quotation, proceeds with loan application, research and/or purchases Vehicles on the Website;

"Conditions" mean these Terms and Conditions of Sale;

"Contract" means the contract formed when Seller accepted the order placed by Buyer on the Website for the purchase of Vehicles sold by Seller;

“On-The-Road Price” means final price payable by the Buyer to the Seller and also known as invoice value of the Vehicle which includes basic car price, insurance, handling fee, warranty, road tax and other applicable taxes. The price may also include optional costs such as accessories cost, touch up and repair cost.

“Seller or Third Party Vendor” means a seller which uses the Website and/or Services to display and sell Vehicles to the Buyers.

“Services” means the use of any services, information and functions made available by Vroom at the Website;

“Website” means the vroom.my website;

"Writing" includes electronic mail facsimile transmission and any comparable means of communication.

"Vehicles" means the vehicles display and made available for sale on the Website;

“Vroom” means Vroom (M) Sdn. Bhd. (Company No.: 1318393-W) (formerly known as Safa Motors Sdn. Bhd.), a company incorporated in Malaysia and having its registered address at No. 23, Jalan PJU 10/1A, Damansara Damai, 47830 Petaling Jaya, Selangor; and

“Vroom Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Vroom and/or the Services;

1.2 Any reference in these Conditions 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.

1.3 Any references to “Vroom” in these Conditions refer to both Vroom’s actions as the operator of the Website and/or as the agent of Third Party Vendors as Sellers in respect of each and every Contract.

1.4 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.

2. Basis of the Contract

2.1 The Website provides a place and opportunity for the sale of Vehicles between the Buyer and the Seller (collectively “Parties”). The identity of the Seller for a particular Vehicles listed for sale on the Website, may be stated on the webpage listing such Vehicles.

2.2 Where the Buyer has placed an order on the Website for the purchase of Vehicles sold by a Third Party Vendor and the said Third Party Vendor has accepted the same, this shall constitute a Contract entered into directly between the Buyer and the Third Party Vendor. Where the Contract is entered into directly between the Buyer and a Third Party Vendor, Vroom is not a party to the Contract or any other Contract between the Buyer and Third Party Vendor and accepts no obligations in connection with any such Contract. Parties to such contracts shall be entirely responsible for the Contract between them, the listing of Vehicles, warranty of purchase and the like.

2.3 Any information made available on the Vehicles in connection with the supply of Vehicles, including photographs, data about the extent of the delivery, appearance, performance, dimensions, weight or any information disclosed by Third Party Vendors through any messaging platform is not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.

2.4 While the Seller endeavours to provide an accurate description of the Vehicles, neither Vroom nor Seller warrants that such description is accurate, current or free from error. In the event that the Vehicles the Buyer receives is fundamentally different from the Vehicles as described on the Website and which the Buyer has ordered, Clause 7 of these Conditions shall apply.

2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Vroom in its website shall be subject to correction without any liability on the part of Vroom.

3. Quotations

3.1 The Buyer understands and accepts that the quotation on the Website is for indicative purposes only and may or may not differ from the On-The-Road Price whatsoever or howsoever caused (regardless of the form of action).

3.2 The Buyer may generate quotation by completing the form on the Website and shall be responsible for ensuring the accuracy of the quoted price. All quotations shall be subject to Seller’s acceptance in their sole discretion.

3.3 In the event that a Vehicle has been mispriced on the Website, the Seller reserves the right to amend or rescind the quotation, in which Vroom shall, on behalf of Third Party Vendor, notify the Buyer of such cancellation by giving notice. The Seller shall have such right to terminate the quotation notwithstanding that amount has been charged to Buyer.

4. Loan Application

4.1 The Buyer may apply for a loan on the Website and Vroom requires the Buyer to place a loan processing deposit.

4.2 In the event if the Buyer’s application is rejected, Vroom will proceed with a refund to the Buyer, pursuant to Clause 5.5.

5. Terms of Payment

5.1 The Buyer shall be entitled to make payment for the Vehicle using the various payment methods made available on the Website. When Buyer places an order on the Website, actual payment shall be only charged upon Seller’s acceptance of Buyer’s order and the formation of a Contract. All payments except loan processing deposit shall be made to Third Party Vendor. Buyer acknowledge that Vroom is entitled to collect payments from Buyer on behalf of Third Party Vendors.

5.2 The terms and conditions applicable to each type of payment, as prescribed by Vroom on the Website, shall be applicable to the Contract. The payment methods may also be subject to the following terms:

5.2.1 Credit Card

Credit card payment option is available for all Buyers. Third Party Vendor accepts all Visa and MasterCards credit cards up to RM 10,000.00 for a particular Vehicle.

5.2.2 Debit Cards

Third Party Vendor accepts all Malaysian Visa and MasterCard debit cards up to RM 10,000,00 for a particular Vehicle.

5.2.3 Online Banking

By choosing this payment method, the Buyer shall transfer part or in full of the On-The-Road Price for the Vehicles purchased by Buyer to a respective Third Party Vendor account (including any applicable taxes and fees). The transaction must be payable in Ringgit Malaysia. Third Party Vendor may refuse this payment option service to anyone or any user without notice for any reason at any time.

5.2.4 Cash/ Cheque

Third Party Vendor accepts payment in cash or cheque in Ringgit Malaysia.

5.3 Buyer may not claim against Seller, for any failure, disruption or error in connection with the Buyer’s chosen payment method. Vroom reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.

5.4 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to:

5.4.1 cancel the Contract or suspend deliveries of the Vehicles until payment is made in full; and/or

5.4.2 charge the Buyer interest on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).

5.5 All refunds including loan processing deposit shall be made via Third Party Vendor. Vroom and Third Party Vendor offer no guarantee of any nature for the timeliness of the refunds. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by Vroom or Third Party Vendor. Vroom reserve the right to modify the mechanism of processing refunds at any time without notice.

5.6 Payments for purpose of processing loan may be made to Vroom using the payment methods made available on the Website or to Third Party Vendors.

6. Delivery/Performance

6.1 Delivery of the Vehicle shall be made at the Seller’s registered address.

6.2 Buyer has the option to instruct a third-party for the purpose of Vehicle delivery by giving notice to the Seller.

6.3 Vroom or the Seller shall not be liable for any delay or damages caused during delivery or performance of the Vehicle howsoever caused, pursuant to Clause 6.2 above.

7. Return, Refund and Replacement of Vehicle

7.1 All Vehicles sold are strictly non-refundable or transferrable. For avoidance of doubt, upon execution of hire purchase agreement and full down payment made to the Seller is completed, equivalent to On-The-Road Price.

7.2 To ensure that Buyer is satisfied with the Vehicle Buyer purchased, Buyer should inspect the Vehicle. Risk of damage shall pass to the Buyer at the time of delivery.

7.3 If you have any questions or complaints, you may either contact the Third Party Vendor directly via the Website.

7.4 In the event that Buyer is unable to resolve any dispute with Seller directly through amicable negotiations, Vroom reserves the right to suggest and implement an appropriate resolution at its sole discretion.

10 Warranties and Remedies

10.1 Subject as expressly provided in these Conditions, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.

10.2 Subject to this Clause 10 of these Conditions, Vroom warrants that the Vehicles will correspond with their specification at the time of delivery. Where the Buyer is dealing as a hirer and consumer (within the meaning of the Hire Purchase Act and the Consumer Protection Act), Vroom further gives to the Buyer such implied warranties as cannot be excluded by law.

10.3 As an alternative to Clause 7, a Buyer may request for a repair of such Vehicle. Vroom and Seller however is entitled to accept or reject such request, at its own discretion. Such request shall be irrevocable upon Vroom’s or Seller’s acceptance of the same and the non-conforming Vehicles (or part thereof) will be repaired.

11 Liability

11.1 In no event shall Vroom or Third Party Vendor be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if Vroom or Third Party Vendor had been advised by the Buyer of the possibility of incurring the same.

11.2 The remedies set out in Clause 10 of these Conditions are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Vehicles and Vroom’s or Third Party Vendor’s liability for the same shall be limited in the manner specified in Clause 10 of these Conditions .

12 General

12.7 Neither Vroom nor Third Party Vendor shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Website’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 Vroom’s or Third Party Vendor’s reasonable control.

12.8 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Vroom, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant order.

12.9 No waiver by Vroom of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, Vroom’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.

12.10 If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

12.11 No person who is not a party to the Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Clause 3.3 of these Conditions.

12.12 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia.

12.13 Buyer must exhaust all legal avenues against Third Party Vendors should any dispute, controversy or claim arises out of or relates to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against Vroom. Any such actions brought against Vroom for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.

12.14 Notwithstanding Clause 12.8 above, Vroom shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.

12.15 Vroom may, through the Website or by such other method of notification as Vroom may designate, vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Vroom specifies through the above means. If Buyer uses the Website after such date, Buyer is deemed to have accepted such variation. If Buyer do not accept the variation, Buyer must stop access or using the Website and terminate these Terms & Conditions of Sale.

12.16 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.

12.17 In the event that these Conditions are executed or translated in Bahasa Malaysia other than English, the English language version of these Conditions shall govern and shall take precedence over Bahasa Malaysia.

12.18 These Conditions shall constitute the entire agreement between Buyer and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

12.19 Vroom reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as Vroom deems appropriate.