This Terms and Conditions constitute a legal bond (“AGREEMENT”) between you (“USER”) and PT GUDANG ADA GLOBALINDO as the owner and provider of the site which is currently located at the URL www.gudangada.com and/or the mobile phone application version of the site (“Gudangada Platform”), a limited liability company established under the laws of the Republic of Indonesia (“WE/US/OUR”).
USER is individual or legal entity that has the right to bind themselves to bound into agreements based on the Indonesian Civil Code that it prevails under the law of Republic of Indonesia to use/access the Gudangada Platform. If in the future it is found that there is a violation of this, then WE have the right to cancel this AGREEMENT in accordance with the law.
USER is required to read and understand all the terms and conditions in this AGREEMENT before using the services on the Gudangada Platform. The USER is aware that in accessing, transacting, and using all services on the Gudangada Platform, the USER is deemed to have accepted and agreed to all the terms and conditions in this AGREEMENT. Whereas this AGREEMENT does not require a wet signature from the USER, if the USER does not agree to part or all of this AGREEMENT, the USER has the right to stop using the services through the Gudangada Platform provided by US.
This AGREEMENT is in accordance to the laws of the Republic of Indonesia and the USER is required to comply with all applicable regulations in Indonesia.
WE are entitled to amend, delete, add new terms and conditions in this AGREEMENT without prior notification to the USER. Changes to the AGREEMENT will be effective immediately and incorporated into this AGREEMENT. USER is advised to periodically check the AGREEMENT.The continuous use of the Gudangada Platform will be considered as an consent from the USER to be subjected on changes to the terms and conditions of the AGREEMENT.
The services provided by US are not coercive or binding, and do not require the USER to sell and/or buy any goods traded on the Gudangada Platform (“GOODS”). WE are not responsible for any losses suffered by the USER caused by errors and/or omissions that occur as a result of actions taken by the USER himself.
This AGREEMENT is an integral part and cannot be separated from any other written agreement between the USER and US.
WE are not responsible for typographical errors.
USE OF THE SERVICES AND ACCOUNT REGISTRATION BY USER
USER account registration:
USER obligate carry out all stages of account registration by filling in the required data completely and correctly.
WE have absolute rights without having the obligation to give reasons for accepting or rejecting the registration made by the USER.
If in the future, data or information submitted by the USER is found to be inappropriate, invalid, or there is a fraud on the data or information, so WE may block access either temporarily or permanently to the USER's account.
USER responsible for the security of the account including the use of e-mail and password. WE are not responsible for account loss and/or account misuse by irresponsible parties.
WE does not charge any fees for account registration.
USER agree to make a sure that the USER is logged out of the account at the end of each session and notifies US of any unauthorized use of the USER's password or account.
USER is prohibited to transfer or sell an account belonging to the USER to another USER or to other parties without any consent from US.
TERMS FOR SELLER
SELLER is each USER who uses the Gudangada Platform to market their own GOODS, for which the proceeds from the sale of GOODS will be charged a service fee by US at the amount that will be informed to the SELLER ("Service Fee").
SELLER is bound to conduct the business of selling GOODS in good faith so that mutually beneficial cooperation can be established in fulfilling their respective rights and obligations both with US and with the BUYER.
SELLER is obliged to enter all information related to GOODS correctly and honestly, all information submitted on the Gudangada Platform is fully the responsibility of the SELLER.
SELLER must inform the cost of shipping the GOODS in the proof of the order made by the BUYER.
To avoid the failure of ordering the GOODS by the BUYER, the SELLER undertakes to update the stock availability status of the GOODS from time to time.
In the event that the SELLER stops the production and/or sale of the GOODS, the SELLER has the obligation to close the account at the same time as the termination, either temporarily or permanently (according to the intention of the cessation of production or sales required by the SELLER).
In the event that there will be a very important change in the SELLER's business which could affect the performance/operational/buying and selling transactions on the Gudangada Platform, the SELLER must immediately make changes to the data or information on the Gudangada Platform. In the event of a change that requires approval from US, it must be notified to US at least 7 working days before the change occurs.
WE have full authority to deactivate the SELLER account either temporarily or permanently, in the event that:
if the account is found to be inactive for more than 2 (two) months;
there is a request/claim from the owner of the official trademark (according to the trademark regulations in Indonesia) with the same name with GOODS;
violate either part or all these Terms and Conditions.
WE have full authority to display the SELLER's store brand in the account or store homepage on the Gudangada Platform as part of OUR cooperation with the SELLER for the purposes of advertising, promotions, events, and the internal interests of the Gudangada Platform as long as it does not violate the laws and regulations that aim to take ownership of the trademark.
The SELLER is the party who is fully responsible for and releases US from any claims, lawsuits, charge, requests for compensation, disputes, and/or any problems arising from all sales activities related to GOODS sold through the Gudangada Platform. The SELLER is hereby fully aware that the Gudangada Platform is only a medium or a platform for buying and selling transactions carried out between the SELLER and the BUYER, so WE as a provider of the Gudangada Platform do not have any responsibility for any losses arising from any party.
SHIPPING AND EXCHANGE/RETURN CONDITIONS
SELLER will receive a notification of ordering GOODS on the Gudangada Platform.
All GOODS sold and ordered by the BUYER must be delivered by the SELLER in accordance with the courier choice determined by the BUYER.
Every GOODS to be sent by the SELLER must be packaged properly and safely.
WE give time to the SELLER to deliver the GOODS according to the time specified on the Gudangada Platform. If the SELLER wishes to increase the delivery time of the GOODS, the SELLER is obligated to notify the BUYER of the delay in delivery, which will fully be an agreement between the SELLER and the BUYER.
If it is known that the GOODS sent by the SELLER are undeserved (whether due to expiration, damaged either partially or completely, not in accordance with the description and/or quantity, and other matters) as OUR provisions, the SELLER is willing to:
Receive funds from the sale of GOODS in accordance with the value sent and received properly by the BUYER, or
Exchanging the undeserved GOODS in accordance with evidence of existing conditions due to negligence or error of the SELLER when sending the GOODS to the BUYER.
WE authorized to make decisions on unresolved transaction problems due to the absence of a settlement agreement, both between the SELLER and the BUYER, by looking at the available evidence. OUR decision is a final decision that cannot be contested and binds the SELLER and the BUYER to comply.
The costs or shipping costs incurred as a result of the return of the GOODS due to the SELLER's fault, will be fully borne by the SELLER.
SETTLEMENTS OF FUNDS DUE TO SALES TRANSACTIONS
The SELLER agreed that the funds from the transaction will be temporarily received by US until the GOODS have been received properly by the BUYER.
WE will settle the funds from the sale of the GOODS transaction to the SELLER after deducting the Service Fee no later than 1 (one) working day after the transaction is completed.
In order to promote the use of the Gudangada Platform, WE either alone or together with the SELLER may carry out promotions in the form of displaying advertising programs through print and electronic media or promotions in other forms based on the agreement of each party in the future.
In order to carry out the promotion, WE and/or the SELLER have the right to place the name and logo of the other party in the promotional media provided that the party who will promote/advertise must submit a written request to the other party regarding the use of the name and logo within 7 (seven) working days before the date of use, and each party must give written approval in 5 (five) working days after the application is received to the other Party.
In the event that the party who receives the written application for approval does not give approval to the party who submits the written application up to the period as referred to in letter b above, then after the time has elapsed, the party who receives the written application is deemed to have given approval.
The SELLER agrees that matters relating to the promotion including but not limited to the procedures for conducting the promotion, promotional materials and costs made and incurred by the SELLER will be borne by the SELLER in the context of the promotion.
WE have the right without prior notification, to take necessary actions if manipulation, violation or use of promos for personal gain is found, as well as indications of fraud or violation of this AGREEMENT and the applicable legal provisions in the territory of the Republic of Indonesia.
PROHIBITION OF GOODS’S INFORMATION
In using the Gudangada Platform, the SELLER is prohibited from making rules that are standard clauses which do not meet the prevailing laws and regulations in Indonesia, including but not limited to (i) not accepting complaints, (ii) not accepting returns (exchange of GOODS), (iii) does not accept requests for refunds, (iv) GOODS without warranty, (v) transfer of responsibility (including but not limited to covering shipping costs), and (vi) unilaterally sending a random GOODS. If there is a conflict between any records provided by the SELLER and/or description of the GOODS and this AGREEMENT, the applicable rule is this AGREEMENT.
The SELLER is prohibited from using the GOODS’s information column as a medium to advertise or promote to other site pages outside the Gudangada Platform.
The BUYER is a USER who uses the Gudangada Platform to make purchases of GOODS offered by the SELLER.
The BUYER in conducting transactions only through the transaction procedures that have been stipulated on the Gudangada Platform.
The BUYER before make a transaction, is responsible to read, understand, and approve the overall information/description of the GOODS (including but not limited to price, unit, type, shape, color, quality, and others) before make a purchase of the GOODS, by purchase the BUYER assumed to have read, understood and agreed to all the contents of the information on the GOODS at the time of purchase.
The BUYER may use or utilize the chat feature in the Gudangada Platform to communicate with the SELLER. In utilizing this feature, the BUYER is prohibited from bargaining, asking for commissions, conducting direct buying and selling transactions outside the Gudangada Platform, or doing other things outside of what is specified in this AGREEMENT and/or violating the applicable legal regulations.
The BUYER realizes that the actual color of the GOODS as seen on the Gudangada Platform depends on the monitor or screen of the SELLER's mobile phone or device. WE have made our best efforts to make a sure that the colors in the photos displayed on the Gudangada Platform are the same as those of the GOODS that will be received, but WE cannot guarantee that the color appearance shown on the Gudangada Platform will be accurate.
The BUYER understands and agrees that stock availability of the GOODS is the responsibility of the SELLER who offers and sells the GOODS. Regarding the availability of the stock of the GOODS, it can change at any time, so when the stock of the GOODS is empty, the SELLER can refuse the order, and if there has been a payment for the GOODS, it will be returned to the BUYER.
The BUYER must be responsible for the correctness and accuracy of the delivery address and telephone number of the recipient input in the Gudangada Platform to make a purchase transaction. The BUYER releases and exempts US from all claims and/or lawsuits that occur due to errors or mistakes that occur related to incorrectly inputting the shipping address by the BUYER, that resulting in not being able to receive the GOODS.
PAYMENT OF GOODS
The BUYER can choose one of the payment methods provided on the Gudangada Platform.
The BUYER makes a payment for the price of the GOODS along with the shipping cost according to the time specified in the Gudangada Platform system. If within that time limit the payment or payment confirmation has not been made by the BUYER, WE have the authority to cancel the transaction. The BUYER has no right to file a claim or charge for the cancellation of the transaction.
The BUYER cannot cancel a transaction after making a payment, unless the SELLER rejects the order made by the BUYER.
The BUYER fully understands and agrees that all transactions made between the BUYER and the SELLER other than through OUR account chosen by the BUYER (through private facilities/network, sending messages, special transaction arrangements outside the Gudangada Platform or other efforts) are the responsibility of the BUYER.
WE never ask the USER regarding personal data in processing payments or other actions. USER hereby agrees that WE are not responsible for payment data leakage due to negligence or errors made by the USER.
If needed, WE provide an assistance to the BUYER who need payment assistance for the purchase of GOODS through Customer Service on the Gudangada Platform.
CONFIRMATION OF RECEIPT OF GOODS AND COMPLAIN PROCEDURE
The BUYER obliged to confirm receipt of the GOODS, after receiving the GOODS ordered, in this matter, WE provide a time limit of 1 x 24 hours since the time of GOODS is received. If within that time limit there is no confirmation or claim from the BUYER, the BUYER agrees to confirm the receipt of the GOODS automatically by the Gudangada Platform and the proceeds from the transaction will be continued by US to the SELLER.
The BUYER agrees and understands after confirmation of receipt of the GOODS is made either by the BUYER or automatically by the system, the transaction is considered complete and the funds will be forwarded to the SELLER. All losses arising from submitting a complaint outside the specified limits are not OUR responsibility. In the event that the BUYER has a problem related to the Transaction, the BUYER will do the following:
The BUYER will press the button "File a Complaint” on the Gudangada Platform, both during the Transaction until 1 x 24 hours after the delivery tracking system declares the GOODS has been received by the BUYER.
BUYER will attach supporting documents, as follows:
Proof of delivery document by the SELLER;
Proof of photo and/or video evidence of the condition of the GOODS; and
Other evidence that WE deem as necessary.
If needed, WE will assist the BUYER in submitting a complaint regarding the receipt of the GOODS and/or the return of the GOODS to the SELLER, through Customer Service in accordance with the procedures and conditions stipulated by US within 2x24 hours.
The BUYER realizes that a complaint can be filed if it meets the following conditions:
GOODS has not been received after passing the estimated acceptance limit as stated on the Gudangada Platform.
GOODS received does not match the quantity which is ordered;
GOODS received damaged either partially or completely; and/or
GOODS received has expired.
In the event that a complaint is agreed between the SELLER and the BUYER by:
Inspection of the delivery service, it is done in terms of the GOODS have not been received by the BUYER until the specified time. In this matter the BUYER informs it, then WE will help check the status of the shipment. However, in the event of an act of fraud by either the SELLER or the occurrence of other things that cause the GOODS to be unreceivable, WE will proceed to the procedure for refunding the transaction.
Return of GOODS, then to make a return, the BUYER must return the GOODS that meet these conditions to the SELLER. All shipping costs will be fully the responsibility of the BUYER.
Exchange of GOODS, the BUYER is obliged to carry out the procedure for returning the GOODS first as described in the points above, then after the SELLER has received all the GOODS correctly and completely, the SELLER is obliged to send the correct and GOODS with good condition to the BUYER. In this matter, all expenses related to the delivery of the exchange of GOODS are fully borne by the SELLER.
Refund the transaction, in this matter the SELLER authorizes US to withdraw or reduce funds either partially or fully from the funds owned by the SELLER obtained from transactions on the Gudangada Platform. Procedures for refunds can be seen in Point 4.
WE are authorized to make decisions on unresolved transaction problems due to the absence of a settlement agreement, both between the SELLER and the BUYER, by looking at the available evidence. OUR decision is a final decision that cannot be contested and binds the SELLER and the BUYER to comply.
A refund from US to the BUYER can only be made if one or more of the following conditions are fulfilled
The difference of payment from the BUYER over the price of the GOODS.
The occurrence of problems related to the delivery of GOODS has been clearly identified from the SELLER, resulting the GOODS order is not delivered to the BUYER.
The SELLER unable to undertake the delivery of the GOODS order due to out of stock, stock damage or other causes for which the SELLER can provide a clear reason,
The SELLER has agreed to deliver the GOODS, but did not make the delivery within the specified time limit due to the constraints experienced by the SELLER.
The occurrence of problems other than those mentioned above, in which the BUYER has submitted a complaint through the Gudangada Platform or other means determined by US.
If based on our consideration and policy that the refund is approved, the funds will be forwarded by transfer to the refund account registered by the BUYER on the Gudangada Platform, except for transactions using the credit card payment method as stipulated in the payment terms. All losses arising from the negligence of the BUYER in registering the account for the purpose of the refund shall be the responsibility of the BUYER.
The minimum refund value that can be forwarded to the BUYER is IDR 10,000.00 (ten thousand Indonesia Rupiah). If the refund value is less than the specified limit, WE reserve the right to delay the refund to the BUYER and then combine it with the next refund value until it reaches the minimum refund value. These terms may change at any time without prior notice to the BUYER.
The BUYER must submit supporting evidence of the transaction requested by US for the purpose of verifying the request for a refund. The BUYER agrees will not notify or submit proof of payment and/or payment data to parties other than US. In the event of a loss due to notification or submission of proof of payment and/or payment data by the BUYER to another party, this shall be the responsibility of the BUYER.
BUYER fully responsible if there are additional fees charged by the bank for the refund process.
TYPES OF PROHIBITED ITEMSThe following is a list of the types of GOODS that are prohibited to be traded by the SELLER on the Gudangada Platform:
All types of drugs or other substances that are prohibited or restricted in distribution according to the applicable legal provisions, including but not limited to the provisions of the Narcotics Law, Psychotropic Law, and Health Law. Also included in this provision are potent drugs, drugs that require a doctor's prescription, anaesthetics and similar, or drugs that do not have a distribution permit from the Food and Drug Supervisory Agency (BPOM).
Cosmetics and food and beverages that endanger the safety of their users, or who do not have a distribution permit from the Food and Drug Supervisory Agency (BPOM).
Materials classified as hazardous materials according to the applicable Regulation of the Minister of Trade.
Certain types of GOODS that are required to have:
Indonesian National Standards;
Instructions for use in Indonesian; or
Labels in Indonesian.
While those being traded do not include these things.
Adult GOODS that support sexual activities, including but not limited to man’s drugs, stimulant drugs, sex toys, pornography, and adult drugs, except for medical devices (contraception) which are permitted to be traded by applicable legal regulations.
Media in the form of CD/DVD/VCD, or other recording media that is contrary to copyright law. This includes those containing pirated movies, music, games or software.
Firearms, sharp weapons, air rifles, and all kinds of weapons.
Government and travel documents.
Mailing lists and personal information.
Objects that harass certain parties/races or can demean other people.
Items resulting from theft.
Unlocker and all accessories supporting the act of robbery / theft.
Objects that can and/or are explosive, ignite or self-ignite.
Printed/recorded objects whose contents can disrupt security & order as well as national stability.
Signal scrambler, signal remover, and/or other tools that can interfere with the signal or telecommunications network.
Gambling equipment and tools.
Amulets, objects that are claimed to have supernatural powers and give supernatural powers.
Objects with exclusive distribution rights that can only be traded with a direct sales system by authorized suppliers and/or Objects with a Multi Level Marketing Sales system.
Non-physical products that cannot be sent via courier services, including but not limited to credit/voucher products (i) telephone, (ii) electricity, (iii) games, (iv) digital credit.
Official documents such as TOEFL Certificates, Diplomas, Doctor's Letters, Receipts, and so on.
All kinds of other objects that are contrary to shipping regulations in Indonesia.
Other objects that violate the prevailing legal provisions in Indonesia.
INTELLECTUAL PROPERTY RIGHTSWE are the sole owner of name, icon, text and logo of Gudangada, which are copyrights and trademarks protected by the laws of the Republic of Indonesia. It is strictly forbidden to use, modify, or install such names, texts, icons, logos or marks without our written consent.
NOTICE AND COMPLAINAll notifications or requests for information or complaints to or about US, USER can contact US through the chat feature and/or telephone to Customer Service available on the Gudangada Platform.
OUR relationship with USER is an independent relationship and is not a group company, agency, joint venture, employee or franchise relationship will be created or has been created under this AGREEMENT.
The headings in this AGREEMENT are made for reference only, and in no way define, limit, explain or describe what is contained in such article.
USER is prohibited from accessing or using the Gudangada Platform to violate the law.
WE have the right to monitor, filter or control every activity on the Gudangada Platform and/or through the service at OUR sole discretion and report to the authorities for any activity that WE suspect is a violation of the law.
It is prohibited to use the Gudangada Platform to intentionally or unintentionally violate laws, rules, codes, directives, guidelines, policies or other regulations relating to anti money laundering and/or acts of terrorism. WE reserve the right to report transactions that are suspected of being criminal acts to the authorities.
WE have the right to investigate and claim OUR rights for any breach of this AGREEMENT to the fullest extent permitted and permitted by law. The USER hereby acknowledges that WE have the right to monitor access to the use of the Gudangada Platform to ensure compliance with this AGREEMENT, or to comply with applicable regulations or orders or requirements from courts, administrative agencies or other government bodies.
All disputes relating to this AGREEMENT, are resolved by deliberation for consensus and if both parties cannot resolve the dispute, then the PARTIES agree to resolve the dispute through the Tangerang District Court.
Thus, this AGREEMENT was made and renewed by US for the last time on July 12th, 2021.
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