Terms & Conditions
Welcome to phanviet.my.
The terms & conditions stipulated below govern the use of services offered by Phan Viet. Phan Viet related to the use of the phanviet.my site. Users are advised to read it carefully because it can have an impact on the User’s rights and obligations under the law.
By registering and/or using the phanviet.my site, the user is deemed to have read, understood, understood and agreed to all the contents of the Terms & Conditions. These terms & conditions are a form of agreement set forth in a valid agreement between the User and Phan Viet. If the user does not agree to one, part, or all of the Terms & Conditions, then the user is not allowed to use the service at phanviet.my.
A. Definitions
- Phan Viet Phan Viet is a limited company that conducts business activities on the web portal phanviet.my, which is a search site for shops and goods sold by registered sellers. Further called Phan Viet.
Phan Viet’s website is phanviet.my. - Terms & conditions is an agreement between the User and Phan Viet which contains a set of rules that govern the rights, obligations, responsibilities of the user and Phan Viet, as well as the procedures for using Phan Viet’s service system.
Users are those who use Phan Viet’s services, including but not limited to buyers, sellers and other parties who simply visit the Phan Viet Site. - Buyers are registered Users who make requests for Goods sold by Sellers on the Phan Viet Site.
Sellers are registered Users who open a shop and/or offer an Item to Phan Viet Site Users. - Goods are tangible things / have physical Goods that can be delivered / meet the delivery criteria by the Goods delivery service company.
- Refund Balance is a temporary storage facility for the Buyer’s funds (not a fund storage facility), which is provided by Phan Viet to cover transaction refunds (refunds) for the purchase of Goods, digital products, and/or financial products. These funds can only be used again to make purchases on the Phan Viet Site and/or withdrawn to a registered bank account.
- Income Balance is a temporary storage facility for the Seller’s funds (not a fund storage facility), which is provided by Phan Viet to cover funds from the sale of Goods, investment products, and/or affiliate commissions on the Phan Viet Site. These funds can only be withdrawn to a registered bank account and cannot be used again to make purchases on the Phan Viet Site.
- Feed is a feature on the Phan Viet Site/Application that features content from Sellers, KOLs, or other parties related to certain Goods.
- Key Opinion Leaders or KOLs are parties that promote certain Goods or Sellers through Feed.
- Phan Viet’s Official Account is a joint account agreed by Phan Viet and the users for the process of buying and selling transactions on the Phan Viet Site. Phan Viet’s official account can be found on the page https://phanviet.my/help/article/metode-bayar-di-Phan Viet.
B. Account, Refund Balance, Income Balance, Password and Security
- The User declares and guarantees that the User is at least 18 (eighteen) years old or is married and is not under guardianship or guardianship and the User legally has the capacity and right to bind themselves to these Terms and Conditions. If the User does not comply with the provisions but still accesses or uses the Site/Application, the services available on the Site/Application, third party content on the Site/Application, offers on the Site/Application or payment methods that apply on the Site/Application, the User declares and guarantee that the User’s actions of opening, accessing or performing other activities in the Site/Application have been approved by the User’s parents, guardians or guardians. The User expressly waives any right based on applicable laws and regulations to cancel or revoke any and all consent that the User gives based on these Terms and Conditions at the time the User is considered to have reached legal adulthood.
- Phan Viet does not charge registration fees to Users.
- Users understand that 1 (one) phone number can only be used to register 1 (one) Phan Viet User account, except for Users who already have multiple accounts with 1 (one) previous phone number
- Registered users have the right to act as:a Buyerb Sellers, by taking advantage of open shop services.
- Users who will act as Sellers are required to choose the option of using the open shop service. After using the open shop service, the User has the right to make arrangements for the items to be traded in the User’s personal storefront.
- Users who have opened a store are expected to upload the content of products that will be traded within 90 (ninety) calendar days after the store has successfully opened. If within a period of 90 (ninety) calendar days the User still does not upload product content, then the User agrees and understands that Phan Viet has the right to moderate and/or close the store without prior notice.
- Phan Viet without prior notification to the User, has the authority to take the necessary actions for any alleged violation or violation of the Terms & Conditions and/or applicable laws, namely actions in the form of moving Goods to the warehouse, deletion of Goods, store moderation, store closure, listing cancellation, account suspension, and/or user account deletion.
- Phan Viet has the authority to close the store or User account either temporarily or permanently if it is found that there is fraudulent activity in transactions, violation of Phan Viet’s Terms and Conditions, including but not limited to the User Penalty Policy which you can see HERE. The user agrees that Phan Viet has the right to take other necessary actions related to the matter, including but not limited to rejecting the submission of opening a new store if the same data is found.
- Users understand and agree not to use, modify, dismantle, duplicate, resell and/or exploit other software or hardware systems, networks and/or Site/Application data with automatic or manual technology without permission from Phan Viet.
- The user agrees not to use and/or access the Phan Viet system directly or indirectly either in whole or in part with viruses, software, or other technologies that may result in weakening, damaging, interfering or inhibiting, limiting and/or taking over functionality and the integrity of the software or hardware system, network, and/or data on the Phan Viet Site/Application.
- Users are prohibited from tampering with Phan Viet and/or using hardware/software/features and/or other tools, including but not limited to emulators, robots, macros, crawlers and/or automated devices that aim to access or use services on the system Phan Viet, such as but not limited to:
(i) manipulation of Store data;
(ii) create multiple accounts;
(iii) manipulate devices intended to harm Phan Viet;
(iv) browsing activities (crawling/scraping) or content copying;
(v) automation activities in transactions, sales, promotions, etc.;
(vi) adding products to the storefront;
(vii) collect (harvest) or steal user data;
(viii) spamming, sending electronic communications in large quantities, sending chain letters; and/or
(ix) other activities that can reasonably be assessed as acts of service and system manipulation. - Phan Viet has the authority to adjust the amount of store transactions, adjust the amount of reputation, and/or perform the process of moderating/closing the User’s account, if it is known or suspected of fraud by the User who aims to manipulate the User’s transaction data in order to improve the store’s reputation (reviews and or amount transaction). An example is doing the shopping process to the store yourself using a personal account or another personal account.
- The Refund balance comes from the refund of transaction funds (refund) for the purchase of Goods, digital products, and/or financial products on the Phan Viet Site and cannot be topped up on its own (top up).
- Refund balance can be used as one of the payment methods for the purchase of Goods, digital products, and/or investment products on the Phan Viet Site, and funds can be withdrawn (withdrawal) to the bank account registered on the User’s account.
- Income Balance only comes from the sale of Goods, investment products, and/or affiliate commissions on the Phan Viet Site and cannot be topped up on your own (top up).
- Income Balance can only be withdrawn to the bank account registered to the User’s account, and cannot be used as a payment method for the purchase of Goods, digital products, and/or investment products on the Phan Viet Site, but can be used for features -subscription features that help Sellers, such as TopAds or store cashback promos.
- Phan Viet has the authority to freeze Refund Balances and User Income Balances when it is found / suspected of fraud in transactions and/or violations of Phan Viet’s terms and conditions.
Sellers are prohibited from duplicating stores, duplicating products, or other actions that can be indicated as unfair competition. - Users have the right to change the store name and/or store domain in accordance with the policy determined by Phan Viet. The User must ensure that the change in the store name and/or store domain is as desired and the User is personally responsible for the change in the store name and/or store domain made by the User. The User agrees that every agreement and legal action that occurs before the change of store name and/or store domain remains binding on the User.
- Users have the right to make changes to the account name up to the number of opportunities provided and Phan Viet has the right to change the number of opportunities to change the account name. The User must ensure that the change in the account name is as desired and is personally responsible for the change in the account name made by the User. The User agrees that every agreement that occurred before the name change remains binding on the User.
- The User is personally responsible for maintaining the confidentiality of the account and password for all activities that occur in the User’s account.
- Phan Viet will not ask for a username, password or SMS verification code or OTP code belonging to the User’s account for any reason, therefore Phan Viet urges the User not to provide such data or other important data to parties acting in the name of Phan Viet or other parties who are not security can be guaranteed.
The User agrees to ensure that the User logs out of the account at the end of each session and to notify Phan Viet if there is any unauthorized use of the User’s password or account. - The User hereby declares that Phan Viet is not responsible for losses or problems arising from the misuse of the User’s account caused by the User’s negligence, including but not limited to approving and/or providing access to the account sent by Phan Viet through a notification message to the party other through the User’s device, lending the account to another party, accessing a link provided by another party, giving or showing a verification code (OTP), password or email to another party, as well as other User’s negligence that results in losses or problems on the User’s account.
- The user understands and agrees that to use the one time password (OTP) security facility, the relevant telecommunication service provider may at any time charge the user the nominal fee as follows
(i) Rp 500 plus Value Added Tax (VAT) in accordance with the taxation laws applicable in Indonesia for Indosat, Tri, XL, Smartfren, and Esia;
(ii) Rp 200 plus VAT in accordance with the taxation laws applicable in Indonesia Telkomsel. - Sellers are prohibited from promoting the store and/or Goods directly using private message facilities, product discussions, product reviews that may disturb the comfort of other Users.
- – Users have the right to make changes to the account name up to the number of opportunities provided and Phan Viet has the right to change the number of opportunities to change the account name. The User must ensure that the change in the account name is as desired and is personally responsible for the change in the account name made by the User. The User agrees that every agreement that occurred before the name change remains binding on the User.
- The User is personally responsible for maintaining the confidentiality of the account and password for all activities that occur in the User’s account.
- Phan Viet will not ask for a username, password or SMS verification code or OTP code belonging to the User’s account for any reason, therefore Phan Viet urges the User not to provide such data or other important data to parties acting in the name of Phan Viet or other parties who are not security can be guaranteed.
The User agrees to ensure that the User logs out of the account at the end of each session and to notify Phan Viet if there is any unauthorized use of the User’s password or account. - The User hereby declares that Phan Viet is not responsible for losses or problems arising from the misuse of the User’s account caused by the User’s negligence, including but not limited to approving and/or providing access to the account sent by Phan Viet through a notification message to the party other through the User’s device, lending the account to another party, accessing a link provided by another party, giving or showing a verification code (OTP), password or email to another party, as well as other User’s negligence that results in losses or problems on the User’s account.
- The user understands and agrees that to use the one time password (OTP) security facility, the related telecommunications service provider can at any time charge the user the nominal fee as follows: 6% plus Value Added Tax (VAT) in accordance with taxation laws that happened in Malaysia;
- Sellers are prohibited from promoting the store and/or Goods directly using private message facilities, product discussions, product reviews that may disturb the comfort of other Users.
C. Purchase Transactions
- Buyers must transact through transaction procedures that have been set by Phan Viet. The Buyer makes the payment using the payment method previously chosen by the Buyer, and then Phan Viet will forward the funds to the Seller when the sale and purchase transaction stage on the Phan Viet system has been completed.
- When purchasing Goods, the Buyer agrees that:a) The Buyer is responsible for reading, understanding, and agreeing to the entire information/description of the Goods (including but not limited to color, quality, function, and others) before making an offer or commitment to purchase.b) The Buyer acknowledges that the actual color of the product as seen on the Phan Viet Site/Application depends on the Buyer’s computer monitor and mobile phone screen. Phan Viet has made its best efforts to ensure that the colors in the photos displayed on the Phan Viet Site/Application appear as accurately as possible, but cannot guarantee that the color appearance on the Phan Viet Site and application will be accurate.c) The User enters into a legally binding contract to purchase Goods when the User purchases an item.d) Phan Viet does not transfer legal ownership of goods from the Seller to the Buyer.
- The Buyer understands and agrees that the availability of stock of Goods is the responsibility of the Seller who offers the Goods, so the availability of stock of Goods may change at any time, with the following situations:a) if the stock of Goods is empty, then the Seller can reject the order and payment for the Goods in question will be returned to the Buyer.b) if the Buyer buys more than 1 (one) different Goods and there is an empty stock of Goods, then the Seller can accept a partial Goods order with the consent of the Buyer and the Buyer will receive a partial payment refund.c) if the Buyer buys more than 1 (one) of the same Goods and the Seller is unable to fulfill the entire order, then the Seller can accept a partial Goods order with the Buyer’s consent and the Buyer will receive a partial payment refund.d) Acceptance of a partial Goods order by the Seller cannot be processed without the Buyer’s consent, so if there is a change in the Goods stock, the Buyer will receive a notification through the Phan Viet Application and the Buyer can approve or reject the Seller’s offer according to the order confirmation deadline based on the type of delivery selected. If there is no confirmation from the Buyer, then the order will be canceled automatically.
- The Buyer understands and agrees that by accepting a partial Goods order, the partial payment refund will be received by the Buyer when the transaction is completed as explained in points 22 and 23 below dst.
- a. if the stock of Goods is empty, then the Seller can reject the order and payment for the relevant Goods will be returned to the Buyer.
- The Buyer fully understands and agrees that all transactions carried out between the Buyer and the Seller other than through Phan Viet’s Official Account and/or without Phan Viet’s knowledge (through private facilities/networks, sending messages, special transaction arrangements outside the Phan Viet site or other means) are is the personal responsibility of the Buyer.
- Phan Viet has full authority to refuse payment without prior notification.
- The Buyer agrees and understands that by using the Phan Viet Site/Application when the Buyer makes a purchase transaction, Phan Viet will forward the Buyer’s information data to the Seller.
- Buyers who use the bank transfer payment method, the total value of the payment will be added to a unique code to simplify the verification process. If the payment has been verified, then the unique code will be returned to the Buyer’s Refund Balance in real time.
- The buyer must make the payment with the selected payment method with a nominal amount that matches the amount of the bill along with the unique code (if any) that is written on the payment page. Phan Viet Phan Viet is not responsible for the losses suffered by the Buyer, when the Buyer makes a payment that does not match the amount of the bill shown on the payment page.
- Payment by the Buyer must be made immediately (at the latest within a time limit of 1×24 hours) after the Buyer checks out. If within that time limit payment has not been made by the Buyer, Phan Viet has the authority to cancel the transaction.
- The user is not entitled to file a claim or demand for the cancellation of the transaction.
- Buyers are advised to check and make payment according to the nominal bill shown on the payment page. Specifically for payment via manual bank transfer, if there is a lack of payment, it will be sufficient by reducing the Phan Viet balance on the Buyer’s account. If the Phan Viet balance on the Buyer’s account is also insufficient for the payment deficiency, the Buyer will receive a notification via a help message, chat or email registered with Phan Viet to make a refund for the deficiency until the payment acceptance deadline that has been determined in advance.
- Payment by bank transfer payment method (manual verification) is highly recommended to upload proof of payment on the Phan Viet Application to simplify the verification process.
- The Buyer understands and agrees that the problem of delay in the payment process and additional costs caused by the difference between the bank that the Buyer uses and Phan Viet’s official bank account is the Buyer’s personal responsibility.
- Refunds from Phan Viet to Buyers can only be made if in the following specific circumstances:
a) Advantage of payment from the Buyer over the price of the Goods,
b) The Buyer agrees to accept partial Goods offered by the Seller,
c) The Goods delivery problem has been clearly identified from the Seller which resulted in the Goods order not arriving,
d) The seller cannot accept the order due to running out of stock, changes in shipping costs, or other reasons,
e) The Seller has agreed to ship the Goods order, but after the specified time limit it turns out that the Seller has not delivered the Goods by the specified time limit.
f) Resolution of problems through the Resolution Center in the form of a decision to refund funds to the Buyer or the result of a decision from Phan Viet. - If there is a refund process, then the refund will be done through the User’s Refund Balance which will increase according to the amount of the refund. If the User uses the credit card payment method option, the refund will refer to the provisions of section L. Credit Cards.
- Buyers are prohibited from dividing 1 (one) transaction of purchase of Goods into 2 (two) transactions or more separately in order to divide the payment value (split payment) with the purpose of manipulating the payment method and/or obtaining more benefits that violate the Terms and Conditions, which is done with any way including but not limited to contacting the Seller to make a price change and/or buying several products to split the total price of a desired product.
- The buyer understands and agrees to release Phan Viet from responsibility in the event of a problem with a transaction that uses the split payment method, including but not limited to transaction problems, payment problems, shipping problems, or damage and/or loss of goods, either partially or completely.
- Phan Viet is authorized to take the necessary actions when it is known that there is a purchase transaction using the split payment method, including but not limited to transaction cancellation and/or promo or cashback cancellation.
- The buyer agrees not to notify or submit proof of payment and/or payment data to parties other than Phan Viet. In the event of loss due to notification or submission of proof of payment and/or payment data by the Buyer to other parties, then it will be the responsibility of the Buyer.
- The Buyer understands and agrees that the Buyer is responsible for maintaining information related to transactions and shipping through the Phan Viet Site/Application. All actions including but not limited to agreements made on the purchase, return or exchange of Goods outside the Phan Viet Site/Application are not the responsibility of Phan Viet, so that claims and losses arising as a result of such actions become the responsibility of each party personally.
- The buyer must confirm the receipt of the goods, after receiving the delivery of the purchased goods. Phan Viet gives a time limit of 2 (two) days after the delivery status is “sent” on the Phan Viet system, for the Buyer to confirm receipt of the Goods. If within the time limit there is no confirmation or claim from the Buyer, then the Buyer declares that he agrees to the automatic confirmation of receipt of the Goods by the Phan Viet system.
- After confirmation of receipt of Goods or automatic confirmation of receipt of Goods, the Buyer’s funds sent to Phan Viet’s official account will be further sent to the Seller (the transaction is considered complete).
- The buyer understands and agrees that any claim submitted after confirmation / automatic confirmation of receipt of Goods is not Phan Viet’s responsibility. Losses that arise after confirmation/automatic confirmation of receipt of Goods are the Buyer’s personal responsibility.
- The Buyer understands and agrees that any problem with the delivery of Goods caused by late payment is the responsibility of the Buyer.
- Currently Buyers can use the on-site pickup service for purchase transactions through the Site/Application with specific offline event Sellers who work with Phan Viet. By using the pick-up service, the Buyer agrees and understands that:
a) Buyers must arrive at the offline event first before placing an order;
b) Buyers can use payment methods available on the Site/Application for on-site pickup services;
c) If the Buyer places an order in advance and does not collect the Goods until the Goods collection period ends, then the order will be canceled by the system;
d) If the Buyer places an order in advance but is not at the offline event, then the Seller can cancel the Buyer’s order on the basis of the limited stock available based on a reasonable time estimate according to the Seller’s assessment with the conditions as stipulated in Point D. 23 letter c;
e) The Buyer must ensure that the order received is complete and correct when picking up the Goods at the place and before completing the order. Order settlement provisions follow the provisions of points 22 and 23 above; and
f) In the event that there is a problem with the Goods, problem solving can be done through the Resolution Center by choosing the reason for damaged Goods, Goods not matching the description and/or incomplete or lacking Goods, where the problem resolution policy and SLA follow the provisions of section P. Center Resolution below.
g) If the resulting solution is a refund and/or return, then the cost of returning the Goods will be borne by the Buyer and the Buyer cannot claim compensation for the cost to the Seller and/or Phan Viet.
h) In the event that there is a shipping problem such as lost goods or damaged goods in the process of return refund, exchange return and/or delivery of less goods, then:
Buyers should contact logistics partners for investigation requests and/or claim submissions; and
The buyer releases and releases Phan Viet from claims and demands for damages and/or losses related to the problem. - The user understands and agrees that if there is any indication of fraud, violation of Phan Viet’s Terms and Conditions or applicable legal provisions, then Phan Viet is authorized to take the necessary actions including but not limited to restricting the choice of payment method, canceling the transaction without notification previously.
D. Sales Transactions
- Sellers are prohibited from manipulating the price of Goods for any purpose.
- The seller is prohibited from offering / trading prohibited goods in accordance with the provisions of Point J. Types of Goods.
- The seller must provide complete and clear photos and product information in accordance with the condition and quality of the product he is selling. If there is a discrepancy between the product photos and information uploaded by the Seller and the product received by the Buyer, then Phan Viet has the right to cancel/withhold the transaction funds.
- In using the “Product Title”, “Product Photo”, “Notes” and “Product Description” Facilities, the Seller is prohibited from making rules in the nature of standard clauses that do not meet the laws and regulations in force in Indonesia, including but not limited to
(i) not receiving complaints,
(ii) not accepting returns (exchange of goods),
(iii) not receiving a refund,
(iv) non-warranty goods,
(v) transfer of responsibility (including but not limited to bearing postage),
(vi) price depreciation and
(vii) unilateral delivery of random goods. If there is a conflict between the store’s listing and/or product description and Phan Viet’s Terms & Conditions, then Phan Viet’s Terms & Conditions shall prevail. - The Seller must give a response to accept, partially accept, or reject the Buyer’s Goods order within a time limit of 2 days from the notification of the Goods order from Phan Viet. If there is no response from the Seller within that time limit, then the order will automatically be cancelled.
- In the event that the Seller accepts a partial Goods order, the Seller can change the amount of Goods orders received from the Buyer due to the availability of Goods stock, so that the Goods order can then be processed by the Seller into a partial Goods order.
The Seller understands and agrees that if the Seller accepts an order for Goods that partially exceeds the limit determined by Phan Viet, it will affect the Seller’s store score. - In order to maintain the convenience of the Buyer in the transaction, the Seller understands and agrees that Phan Viet has the right to moderate the Seller’s store when the Seller rejects, cancels and/or does not respond to the order of Goods owned by the Buyer with allegations of manipulating the transaction, violation of the Terms and Conditions, and/or fraud or other abuse.
- The seller is prohibited from providing a separate payment method (split payment) and/or dividing 1 (one) transaction of purchasing Goods into 2 (two) different transactions with the aim of manipulating the payment method and/or obtaining more benefits that violate the Terms and Conditions, which done in any way including but not limited to using the “variant product” service or selling several products so as to divide the total price or transaction of a desired product.
- The seller understands and agrees to release Phan Viet from responsibility in the event of a problem with a transaction that uses the split payment method, including but not limited to transaction problems, payment problems, shipping problems, as well as damage and/or loss of the product either partially or completely.
- Phan Viet is authorized to take the necessary actions when it is known that there is a sales transaction using the split payment method, including but not limited to transaction cancellation, store reputation adjustment, product deletion, store moderation, and/or store closure.
- The Seller agrees and understands that by receiving the Buyer’s information data contained in the Site/Application, he must maintain confidentiality and is prohibited from abusing the Buyer’s information data in any form. Phan Viet reserves the right, without prior notice, to investigate and sanction any alleged or reported misuse of the Buyer’s data.
- The seller is expected to enter a valid Goods delivery receipt or AWB (air way bill) number, namely:a) The date of receipt of Goods delivery is not earlier than the date of the Goods purchase transaction;b) The Goods delivery receipt number must be traceable or found on the web tracking site or Phan Viet’s partner expedition service system; and/orc) Is the delivery receipt of goods that is indeed allocated to the buyer who will receive the package (delivery details must be the same).A more complete explanation can be found here
- The seller must enter a valid Goods delivery receipt number within a time limit of 2 x 24 hours (not including Saturdays/Sundays/National holidays) counted from the notification of the Goods order from Phan Viet.
- If the Seller enters an invalid or untraceable Goods delivery receipt number, the Seller must enter a valid Goods delivery receipt number within a time limit of 1 x 24 hours (excluding Saturdays/Sundays/National holidays) from the notification of the invalid receipt number or untraceable provided by Phan Viet to the Seller.
- If within the time limit stated in Terms & Conditions Points D. 14 and D. 15 the Seller does not enter a valid Goods delivery receipt number, then the order is automatically considered cancelled. If the Seller still sends the Goods after exceeding the delivery time limit as explained above, then the Seller understands that the transaction will still be canceled so that the Seller can then withdraw the Goods from the courier where the Goods were sent.
- The Seller understands and agrees that the delivery courier cannot be changed by the Seller after the Seller confirms the delivery and is fully the responsibility of the Seller. A more complete explanation can be found here.
- Phan Viet is authorized to cancel the transaction and/or withhold transaction funds in case of:
(i) the receipt number of the courier delivery of the Goods provided by the Seller is not appropriate and/or suspected to be inappropriate with the transaction that occurred on the Phan Viet Site;
(ii) The Seller sends Goods through courier/logistics services other than those provided and connected to the Phan Viet Site;
(iii) if the product name and product description do not match/are not clear with the product sent;
(iv) if transaction manipulation is found; and/or
(v) include the delivery receipt number of Goods that have been used by other Sellers (internal dropshipper) - The Seller understands and agrees that all Taxes in connection with the Sales transaction (but not limited to changes in store information and/or goods), will be reported and managed by each Seller in accordance with the applicable tax provisions in the laws and regulations in Malaysia.
E. Ethalase Arrangement
- Sellers are prohibited from using storefronts (including and not limited to store information and product information) as media to advertise or promote to other site pages outside the Phan Viet site.
- Sellers are prohibited from providing personal contact data with the intention of making a direct transaction to the Buyer / prospective Buyer.
The seller is prohibited from providing information (store information and/or Goods) other than/outside of the relevant store and/or Goods information. - Product naming and product information must be done in accordance with the detailed information, specifications, and condition of the Goods, thus the User is not allowed to include names, descriptions, pictures and/or words that are not related and/or inappropriate to the Goods.
- Sellers who add a video reference to the Shop window sourced from a third party link, then the Seller is obliged to comply with the policies required by the third party including but not limited to YouTube’s service requirements as can be seen HERE and Google’s privacy policy as can be seen HERE when the Seller adds a video reference sourced from YouTube or Google. In case the seller uses a video reference from Youtube, Phan Viet’s application programming interface (API) uses Yotube’s API service.
- Naming of Goods and product information must be in accordance with the condition of the Goods displayed and Users are not allowed to include names and information that do not match the condition of the Goods.
- Phan Viet reserves the right without prior notification to withdraw subsidies (cashback), cancel Rewards benefits, reduce content and/or store moderation, when violations are found as set out in Point E.4 and E.5.
- The seller must separate each item that has a different size and price.
- Phan Viet has the authority to take over the sub-domain of the Seller’s store if the Seller’s account has been inactive for more than 9 months, and/or the official trademark owner (according to the General Register of Brands in Indonesia) with the same name as the Seller’s sub-domain does claim against it because they want to use the sub-domain.
- Phan Viet has the authority to change the name and/or use the Store name and/or User domain for Phan Viet’s internal interests.
- The seller understands and agrees that Phan Viet can delete the Goods in the shop window if the Goods meet the deletion criteria as determined by Phan Viet. Removal of Goods includes related data relevant to the Goods. More can be seen HERE.
- In the event that the Goods found in the Seller’s storefront meet the deletion criteria, the Goods will enter a grace period in which the Seller is given time to make improvements as relevant to avoid deletion by the system.
If the grace period of the Goods has ended and the Seller does not make the repairs as relevant, then the Seller agrees to the deletion made by Phan Viet.
F. Service Fees and Application Service Fees
- Service Fees are fees for the use and utilization of Site/Application services in the implementation of goods/service purchase transactions made by Users on the Site/Application. Further provisions on Service Fees can be seen HERE.
- Application Service Fee is the cost of using the Phan Viet Site/Application for the purpose of maintaining the system and improving the quality of service through the Phan Viet Site/Application. Further provisions on Application Service Fees can be seen HERE.
- Phan Viet does not know and therefore cannot guarantee the validity of the Goods sold or purchased independently by the User, for that the User must ensure that the Goods sold or purchased do not violate the provisions in point J. Types of Goods and/or the provisions of the Law that happened.
- In the event of discovery and/or suspected violation of Goods in the User’s transaction, then the Service Fee charged to the User and the Application Service Fee for the transaction charged to the Buyer will be returned to each User. The User hereby warrants, releases and releases Phan Viet from all legal claims for violations committed by the User.
G. Price
- The price of goods found on the Phan Viet website is the listed price. Sellers are prohibited from manipulating the price of goods in any form.
- Sellers are prohibited from setting unreasonable prices for Goods provided through the Phan Viet Site. Phan Viet has the right to handle in the form of bringing the Goods back to the warehouse, checking, delaying, reducing the content as well as other measures based on Phan Viet’s own assessment on the basis of unreasonable pricing.
- The Buyer understands and agrees that any errors in price information and other information due to Phan Viet websites not being updated due to the browser/ISP used by the Buyer are the Buyer’s responsibility.
- The Seller understands and agrees that any typographical errors that cause price information or other information to be inaccurate/inappropriate are the Seller’s responsibility. It should be noted that in case of an accidental typographical error in the description of the price of the Goods, the Seller has the right to refuse the order of the Goods made by the Buyer.
- The User understands and agrees that any problems or disagreements arising from misunderstandings between the Seller and the Buyer regarding prices are not the responsibility of Phan Viet.
- When placing an order through Phan Viet, the User agrees to pay the total cost payable as stated on the payment page, including the price of the goods, shipping fees and other costs that may arise and will be clearly explained on the payment page. The User agrees to make payment through the payment method that the User has previously chosen.
H. Shipping Tariff
The Buyer understands and understands that Phan Viet has done its best to provide shipping tariff information to the Buyer based on location accurately, but Phan Viet cannot guarantee the accuracy of the data with that available at the local branch.
Therefore, Phan Viet recommends to the Seller to first note the tariff given by Phan Viet, so that it can be compared with the tariff charged at the local branch. If you find a difference, please inform us through the contact us menu by providing the price data obtained along with the city of origin and destination, so that we can investigate further.
The User understands and agrees that the difference in the cost of shipping the Goods is beyond Phan Viet’s responsibility, and therefore, it is the Seller’s own discretion to cancel or continue to ship the Goods.
I. Content
- In using every feature and/or service of Phan Viet, Users are prohibited from uploading or using words, comments, pictures, videos or any content that contains elements of SARA, discrimination, degrading or cornering others, vulgar, threatening, advertising or doing promotions to sites other than the Phan Viet Site, or other things that can be considered inconsistent with social values and norms or based on policies determined by Phan Viet itself. Phan Viet reserves the right to take the necessary actions for violation of these provisions, including content deletion, store moderation, account blocking, and others. Further provisions on Phan Viet’s content policy can be seen HERE and video provisions can be seen HERE.
- Users are prohibited from using photos/pictures of Goods that have a watermark that indicates the ownership rights of others.
- The User hereby understands and agrees that the misuse of photos/images uploaded by the User is the User’s personal responsibility.
- Sellers are not allowed to use photos/images of Goods or store logos as media to advertise or promote to other sites outside the Phan Viet Site, or provide personal contact data to conduct transactions directly with buyers/prospective buyers.
- The seller guarantees that the uploaded photos/pictures do not include content that is prohibited based on Point I. 1 or violates the property rights of other parties. If it is found that the photo/image violates the content based on Point I. 1 or there is a report of violation of another party’s property rights, then Phan Viet has the right to take the necessary actions for the violation of this provision, including but not limited to the deletion of the content and/or other actions that need to be taken.
- When the User uploads to the Phan Viet Site with content or posts content, the User grants Phan Viet a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through several levels) right to perform each and all Vieta copyrights, publicity, trademarks, database rights and intellectual property rights that the User has in the content, in any known media now or in the future. Further, to be fully permitted by applicable law, you set aside moral rights and promise not to claim those rights against Phan Viet.
- Users guarantee that they do not violate intellectual property rights in uploading User content to the Phan Viet site. Each User is hereby personally responsible for the infringement of intellectual property rights in uploading content on the Phan Viet Site.
- Phan Viet provides a “Product Discussion” feature to make it easier for buyers to interact with sellers, about the Goods offered. The seller is not allowed to use the feature for the purpose of increasing the price of his merchandise in any way, including giving comments for the first time or giving further comments / continuously periodically (flooding / spam).
- Although we try to offer reliable information, we cannot promise that the catalog will always be accurate and up-to-date, and the User agrees that the User will not hold Phan Viet responsible for inaccuracies in the catalog. The catalog may include Vieta’s copyrights, trademarks or other proprietary rights.
- Content or material that will be featured or shown on the Phan Viet Site/Application through the Feed will be subject to the Site’s Terms, legal regulations, and applicable advertising ethics.
- KOL, Users or other parties who use the Feed feature are fully responsible for the content or material uploaded through the Feed feature.
- Phan Viet reserves the right at any time to remove content or material found on the Feed that is deemed to violate the Terms and Conditions of the Site, applicable legal regulations, and applicable advertising ethics.
- The sale of products containing tobacco and/or electronic cigarettes is only allowed to be sold on applications other than the Android version and must be in 6 (six) specific categories, namely:
a) Other Adult Product Category;
b) Category of E-cigarettes;
c) Liquid Vape Category;
d) Vaporizer Package Category;
e) MOD Category; and/or
f) Atomizer Category. - Phan Viet reserves the right to, at any time without prior notification, take action to reduce product content on the Phan Viet Android version of any tobacco product / electronic cigarette or even its supporting products, medicinal or vitamin products that contain prohibited substances, or digital products which should be purchased through an application directly, in accordance with the Google Play Store Policy which can be seen at:
a) Cigarette / tobacco products can be seen HERE.
b) Medicines and health supplements can be seen HERE.
c) Digital products can be seen HERE. - Phan Viet reserves the right at any time without prior notification, to take action in the form of lowering the store’s reputation or moderating the store, when the Seller is suspected of manipulating content as set forth in points I. 13 and 14, including but not limited to the manipulation of writing names, pictures, descriptions , product categories, and/or other activities that aim to deceive the sale of content as set out in points I. 13 and 14 in order to still be able to make offers using the Android Application.
J. Types of Goods and Services
The following is a list of types of Goods and Services that are prohibited and/or restricted from trading on Phan Viet Site:
- All types of drugs and other substances prohibited or restricted from circulation under the provisions of current laws, including but not limited to the provisions of the Drug Law, the Psychotropic Law and the Medical Law. This provision also includes hard drugs, drugs requiring a doctor’s prescription, anesthetics and the like or drugs without a distribution license from the Food and Drug Administration (BPOM).
- Cosmetics, foods, beverages that endanger the safety of users or do not have a distribution license from the Food and Drug Administration (BPOM).
- Substances classified as Dangerous Substances under the current Regulations of the Minister of Trade.
- Certain types of products are required to have:
a) SNI;
b) Instructions for use in Indonesian; or
c) Labels in Indonesian. - While what is being sold does not include those.
- Other goods whose possession or circulation violates the provisions of the current laws in Indonesia.
- Goods that are the result and/or related to the infringement of Vieta’s Copyright or Trademark, including but not limited to:
a) Unauthorized use of another party’s Trademark, including but not limited to the product name, description, video or photo;
b) Counterfeit/Imitation/Pirated Goods;
c) Unauthorized use of Vieta’s copyright in the Goods sold;
d) Infringement of Vieta’s copyright of other parties without permission in the product image, video, description; and/or
e) Infringement of other intellectual property rights in the Goods sold. - Adult goods of a sexual nature in the form of stimulants, sex aids that contain pornographic content, as well as strong drugs and adult drugs, both those that do not have a BPOM distribution permit and those whose circulation is restricted by the applicable legal provisions.
- Alcoholic drinks.
- Ads.
- All forms of writing that can have a negative effect on the use of this site.
- Clothes in containers.
- Firearms, sharp weapons, air rifles, and all kinds of weapons.
- Government and travel documents.
- Government uniform.
- Human parts/organs.
- Mailing list and personal information.
- Items that harass certain parties/races or can degrade the dignity of others.
- Pesticides, except pesticides for use that have a registration number and permit from the Ministry of Agriculture of the Republic of Indonesia.
- Police attributes.
- Goods resulting from theft.
- Lock openers and all accessories supporting robbery/theft.
- Items that can and or easily explode, ignite or burn on their own.
- Printed items/recordings whose contents may disturb peace & order and national stability.
- Dangerous animals and/or protected animals, Sellers and Buyers must pay attention to the provisions for the sale of pets on the Site/Application, as set out HERE.
- Cash includes foreign currency unless the Seller has and can attach a permit as a Non-Bank Foreign Currency Exchange Business Operator based on Bank Indonesia Regulation No.18/20/PBI/2016 and/or other regulations related to foreign currency exchange.
- Stamps, except self-adhesive stamps sold by Sellers who are the parties officially appointed by Phan Viet Pos Indonesia (Persero) to sell self-adhesive stamps through the Site/Application.
- Signal scramblers, signal eliminators, and/or other devices that can interfere with telecommunication signals or networks
- Equipment and gambling equipment.
- Talismans, things that are claimed to have supernatural powers and give magical knowledge.
- Goods with Exclusive Distribution rights that can only be traded with a direct sales system by official sellers and/or Goods with a Multi Level Marketing sales system.
- Non-physical products that cannot be delivered via courier services, including but not limited to pulse/voucher products (telephone, electricity, games, and/or digital credit), plane tickets and/or car tickets.
- Show tickets, including but not limited to concert tickets, both physical and non-physical.
- Official documents such as Toefl Certificate, Degree, Doctor’s Letter, Receipt, etc
- All other types of Goods that are contrary to Indonesian Goods shipping regulations.
- Other goods that violate the legal provisions in force in Indonesia, including but not limited to the provisions of taxation regulations, licensing, circulation of Goods, the obligation to register Goods and/or the procurement process of said Goods (either through import and/or domestic production).
- All types of Services except for offerings from Phan Viet and its affiliates including but not limited to print services, cleaning services, wedding and parenting services.
- All types of Goods whose content is uncertain, random and/or raffle, including but not limited to Mystery Box Products. The provisions are excluded for Official Store and Phan Viet Affiliates.
- Medical devices that must have a distribution permit from the Ministry of Health or cannot be traded freely.
K. Credit Card
- Users may choose to use credit card payment methods to purchase goods and digital products through Phan Viet Site.
- Credit card purchases must comply with the terms and conditions set by Phan Viet and use the express delivery/logistics services provided and connected to Phan Viet Site.
- Users are prohibited from using credit card payment methods other than those specified as a means of payment.
- If there is a credit card purchase transaction that violates the law and/or the conditions prescribed by Phan Viet, Phan Viet is authorized to: retain the transaction amount for the period required by Phan Viet, the Bank and relevant payment gateway partners to conduct necessary investigations, at least 14 (fourteen) days;
to deduct an amount up to 15% (fifteen percent) of the transaction value, as well as withdraw the allowance value related to the use of the credit card. - Phan Viet is authorized to investigate Credit Card transactions by holding the payment verification process before the transaction is transmitted to the Seller for a certain period of time until confirmation is received from the credit card provider’s banking partner as well as the payment gateway partner. Phan Viet is also authorized to limit payment methods and/or cancel Credit Card transactions when there are signs of violation of current laws and/or Phan Viet’s Terms and Conditions.
- During the verification process performed by the banking partner and/or payment gateway partner, the User will be contacted by the banking partner and/or payment gateway partner. If the User does not refuse or cancel the verification, the transaction will be performed. forwarded to the Seller and Phan Viet is not responsible for any loss due to the User’s negligence.
- The User understands and agrees that they are personally responsible for maintaining the security and/or confidentiality of the User’s Credit Card data by maintaining the confidentiality of the Credit Card number, the Credit Card CVV code and the SMS verification code or SMS OTP (One Time Password) code sent by the Bank when making a transaction.
- Phan Viet will stop cooperating with Sellers who perform acts that may cause harm to the principal, issuer, payer and/or credit card holder, among others, who are processing the cash withdrawal transaction.
- If the purchase transaction is unsuccessful and/or canceled, the invoice of that transaction will be canceled and the transaction amount will be refunded to the buyer’s credit card limit in the next invoice. The provisions of this clause do not apply to credit card purchases that violate the law and/or the conditions of Phan Viet.
- Purchases using credit card payment methods with installment payment systems will be charged a service fee in the total payment amount based on the installment payment period selected as agreed HERE and for non-installment credit card payment methods, no service fee will be charged. This service fee is applied for the purpose of maintaining the system and improving the service in shopping.
L. Delivery of Goods
- Delivery of Goods in the Phan Viet system must use the services of an expedition company that has verified the Phan Viet partner chosen by the Buyer. When the Seller includes receipts other than Phan Viet’s partner receipts (including shipping receipts from overseas couriers), Phan Viet has the right to reject the receipts; where this may result in the cancellation of an order. More can be read here.
- Every provision regarding the Goods delivery process is the full authority of the Goods delivery service provider.
- Delivery couriers for all transactions using instant 3 hour and same day 8 hour delivery services are determined based on courier availability and the best courier performance for the buyer.
- The seller must comply with the provisions set by the delivery service and is responsible for each item delivered.
- The Seller understands and agrees that the Seller is obliged to meet the packing standards for the delivery of Goods based on the provisions of the Goods category as follows:
a) Liquids must use plastic packaging, bubble wrap or similar packaging with similar functions, cardboard or cardboard, duct tape, empty space dampers, the outer layer of the packet, and fragile stickers. OPhan Vietional uses wooden packing (the cost is charged to the Buyer or Seller according to the agreement).
b) Electronics (batteries, computers, mobile phones, and Vietop phones), breakable items, sharp / pointy items must use plastic packaging, bubble wrap or similar packaging with a similar function, cardboard or cardboard, duct tape, empty space dampers, the outer layer of the packet, wooden packing (fees are charged to the Buyer or Seller according to the agreement), and fragile stickers.
c) Food must use plastic packaging, bubble wrap or similar packaging with a similar function, cardboard or cardboard, duct tape, empty space dampers, the outer layer of the packet, and fragile stickers.
d) Others must use plastic packaging, bubble wrap or similar packaging with a similar function, cardboard or cardboard, duct tape, and empty space dampers. OPhan Vietional uses the outer layer of the packet, wooden packing (the cost is charged to the Buyer or Seller according to the agreement), and fragile stickers. Cleaning details can be seen HERE. - In case it is necessary to carry out the process of returning the goods, then the User, both the Seller and the Buyer, is required to send the goods directly to each Buyer and Seller. Phan Viet does not accept returns or delivery of goods on transactions made by Users under any condition.
- In the event of an obstacle in the delivery process in the form of lost goods, damaged goods, etc., Buyers and Sellers can report to Phan Viet in accordance with the reporting deadline and claims of each of the Goods delivery service providers used by Buyers and Sellers.
- More complete information related to the service providers of goods delivery services along with the provisions that apply to each of the service providers of goods delivery services can be read here
M. Other Provisions
- When the User uses the features/services available in the Phan Viet Site/Application, the User hereby declares to understand and agree to all the terms and conditions that are specifically arranged in relation to the features/services used.
- All matters that have not been and/or are not regulated in the specific terms and conditions in the feature will fully refer to Phan Viet’s terms and conditions in general.
- By agreeing to Phan Viet’s Terms and Conditions, the User is considered subject to Phan Viet’s Privacy Policy.
N. Disclaimer of Warranties and Limitation of Liability
Phan Viet is an electronic information portal following the Customer to Customer Marketplace model, providing services for Users to become Sellers and Buyers on the Phan Viet website. Thus, the transactions that occur are transactions between Phan Viet members, so Users understand that the corresponding limits on Phan Viet’s liability as an electronic information portal service provider.
Phan Viet always tries to keep Phan Viet Services safe, convenient and operating normally, but we cannot guarantee continuous operation or that access to our Services will always be perfect. Information and data on the Phan Viet site may not occur in real time.
Users agree that You must bear the risk when using Phan Viet Services and Phan Viet Services are provided to You on an “AS IS” and “AS AVAILABLE” basis.
To the extent permitted by applicable law, Phan Viet (including its parent company, directors and employees) shall not be liable and you agree to hold Phan Viet harmless for any damages or losses (including but not limited to loss of money, reputation, profits or other intangible losses) arising directly or indirectly from:
- User’s use or inability to use Phan Viet Services.
- Price, shipping or other instructions available in Phan Viet Services.
- Delay or interruption of Phan Viet Services.
- Negligence and losses caused by each User.
- Quality of goods.
- Delivery.
- Disputes between users.
- Any misuse of Goods purchased by the User.
- Losses due to unofficial payments to parties other than Phan Viet’s Official Account, in any form representing Phan Viet or negligence in recording accounts and/or other information and/or negligence of the bank.
- Delivery of goods under official warranty from the manufacturer. The Buyer can bring the Goods directly to the nearest warranty center with the warranty card and purchase invoice.
- Any interruption, error, omission or inaccuracy of Phan Viet Services.
- Damage to your hardware due to the use of any Phan Viet Services.
- Content, actions or lack of actions from third parties, including in relation to Products on the Phan Viet site that are suspected of being counterfeit.
- Enforcement actions taken in relation to the User’s account.
- Hacking by a third party against the user account.
O. Release
If you have a dispute with one or more users, you release Phan Viet (including its Parent Company, Directors and Employees) from claims and demands for damages and losses (actual and implied) of every kind and nature, known and unknown, arising out of or in any way connected with the dispute, including but not limited to losses arising from the purchase of Prohibited Goods at Point J. Types of Goods. By doing so, the User knowingly waives any legal defenses (available in other laws or regulations) that would limit the scope of this release.
P. Indemnification
The User shall indemnify Phan Viet from and against all claims for damages and indemnify Phan Viet (including its Parent Company, directors and employees) from any claim or demand, including reasonable legal fees, brought by any third party arising out of your breach of this Agreement, your unnecessary use of the Phan Viet services and/or your violation of any law or the rights of a third party.
Q. Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions. You agree that any legal action or dispute that may arise out of, in connection with or in any way connected with the website and/or this Agreement shall be resolved exclusively within the jurisdiction of the courts of Malaysia.
R. Modification
The Terms and Conditions may be changed and/or updated from time to time without prior notice. Phan Viet recommends that you read carefully and check this Terms & Conditions page regularly for changes. By continuing to access and use Phan Viet’s services, the user is deemed to have agreed to the changes in the Terms & Conditions.