1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms & Conditions of Sale.

2. Purchase of Products

2.1 Your Compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform, as well as any amendments to the aforementioned, issued by eShaksters (whether as part of use of the Platform or in relation to the purchase of Products), from time to time. eShaksters reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

2.2 Product Description: We endeavour to provide an accurate description of the Products, neither do we warrant that such description is accurate, current or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which you have ordered, Clause 6 of these Terms & Conditions of Sale for eShaksters shall apply.

2.3 Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the “Checkout” button. eShakster will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.

2.4 Orders are irrevocable and unconditional: All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 8, you may request to cancel or amend the Order which eShaksters will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, we are not obliged to give effect to any request to cancel or amend any Order.

2.5 eShaksters reservation of rights in respect of Orders: All Orders shall be subject to eShaksters acceptance in its sole discretion and each Order accepted by us (such accepted Order to be referred to as a “Customer Contract”) shall constitute a separate contract.

2.6 Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by us via the Platform, under the “Additional Information” tab in the fields “Warranty” for the relevant Product, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, eShaksters excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied.

2.8 Customer’s Acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by eShaksters. You also acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale for eShaksters.

2.9 No representations or warranties: Without prejudice to the generality of the foregoing Clause 2.9:

2.9.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to eShaksters;

2.9.2 eShaksters binds itself only to deliver Products in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Neither will we give any warranty as to the quality, state, condition or fitness of the Products;

2.9.3 eShaksters shall be under no liability for the following measures and actions taken by the Customer or third parties and the consequences thereof: improper remedy of defects, alteration of the Products without the prior agreement of eShaksters, addition and insertion of parts, in particular of spare parts which do not come from us;

2.9.4 eShaksters shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Customer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, the Customer or third parties’ failure to follow our instructions (whether oral or in writing) misuse or alteration or repair of the Products without our approval;

2.9.5 eShaksters is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without our prior written approval and the Customer shall indemnify third party against all losses arising out of such claims;

2.9.6 eShaksters shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment; and

2.9.7 eShaksters shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any.

2.10 Intellectual Property:

2.10.1 Unless the prior written consent of eShaksters has been obtained, the Customer shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products.

3. Delivery of Products

3.1 Address: Delivery of the Products shall be made to the address you specify in your Order.

3.2 Delivery & packing charges: Delivery and packing charges shall be as set out in the Order.

3.3 Tracking: You may track the status of the delivery at the “Order Tracking” page of the Platform.

3.4 Delivery timeframe: You acknowledge that delivery of the Products is subject to availability of the Products. eShaksters will make every reasonable effort to deliver the Product to you within the delivery time frame stated on the relevant page before confirmation of Order, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed, we will inform you accordingly via email and your Product will be dispatched as soon as it becomes available.

3.5 Deemed receipt: In the event you do not receive the Product by the projected delivery date and provided that you inform eShaksters within 5 days immediately from such projected delivery date, we will try to locate and deliver the Product. If we do not hear from you within 5 days from such projected delivery date, you shall be deemed to have received the Product.

3.6 Voucher from eShaksters: If there is a delay in delivery of the Products, eShaksters may in its sole discretion offer a Voucher to the Customer. Upon the acceptance of a Voucher by the Customer, the Customer shall have no further claim against us.

3.7 Customer’s failure to take delivery: If the Customer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of eShaksters’ fault) then without prejudice to any other right or remedy available to us, eShaksters may terminate the Customer Contract.

3.8 Unattended Delivery: eShaksters provides the option of having your Products left at the Customer’s doorstep, or as otherwise instructed by the Customer, as an “Unattended Delivery.” Please note that some orders will not be eligible for Unattended Delivery. While our goal is to honour the Customer’s preferences whenever possible, we are unable to guarantee that Third Party vendors (or our agents) will be able to meet these instructions under all circumstances. If the Customer has selected for an Unattended Delivery and no one is available to accept the delivery of the Products, Third Party vendors (or our delivery agents) will leave the Customer’s Products unattended on or in front of the Customer’s premises, or as instructed. Where the Customer specifically instructs Third Party vendors (or our delivery agents) to leave the Customer’s Products outside the door, or as instructed by the Customer, of the specified delivery address, such delivery (including unattended parcel) shall be at the Customer’s sole risk and the Customer accepts all liability and risk of loss, theft, and damage.

4. Prices of Products

4.1 Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to eShaksters (through the Platform).

4.2 Taxes: All Listing Prices are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.

5. Payment

5.1 General: You may pay for the Product using any of the payment methods prescribed on eShaksters.com from time to time. When you place an Order, actual payment will be only charged upon the acceptance of your Order and formation of a Customer Contract. All payments shall be made to eShaksters. You acknowledge that we will be entitled to collect payments from you on behalf of Third Party vendors (or our delivery agents).

5.2 Additional Terms: The payment methods may be subject to additional terms as prescribed by eShaksters from time to time.

5.3 Payment Methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against eShaksters or any of its agents (which may or may not include eShaksters), for any failure, disruption or error in connection with your chosen payment method. Lazada reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

5.4 Payment by Voucher: If you use a Voucher, the Voucher Terms & Conditions as set out at Terms of Use, Clause 2.6, would apply.

5.5 Invoicing: eShaksters may invoice you upon the due date of any payment under a Customer Contract.

5.6 Failure to pay: If the Customer 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 eShaksters, We shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.

5.7 Refund of Payment:
(a) All refunds shall be made via the original payment mechanism and to the person who made the original payment, provided that such refund is processed within 60 days from the time payment was successfully completed.
(b) We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
(c) All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us.
(d) All refunds are conditional upon our acceptance of a valid return of the Product.
(e) We reserve the right to modify the mechanism of processing refunds at any time without notice.

5.8 eShaksters Payment is operated by Stripe Singapore (“Stripe”) for eShaksters.com.

6. Refunds/Returns/Repairs/Replacements

6.1 Return Policy: All returns must be done in accordance with the instructions set out in the Return Policy at eShaksters Returns Policy, Clause 2. Customers may initiate the returns process by communicating with our Customer Service agent through the Platform, as the case may be. We are not obliged to agree to any return unless it meets eShaksters’s return policy. Customer acknowledges that a return may be rejected if such instructions are not strictly adhered to. For a valid return, we may (as applicable and at their discretion), offer Customer remedies as set out in Clause 6.3. eShaksters reserves the right to reject any requests for refunds, returns or replacements at its sole discretion, including without limitation, where it deems that any transaction is fraudulent or suspects that it is fraudulent.

6.2 Permitted Returns: Subject to Clause 6.1, within 7 days from the date of delivery of the Product, you may return a Product when you:

6.2.1 receive a faulty or damaged Product.

6.3 Refund, repair, replacement or price reduction: For Products that qualify for a valid return, eShaksters may offer the following remedies at its sole discretion:

6.3.1 Refunds: eShaksters may offer Customer a partial or full refund of the price paid for the non-conforming Product.

6.3.2 Repairs: eShaksters may offer Customer a repair of the non-conforming Product.

6.3.3 Replacements: eShaksters may offer the Customer a replacement Product in place of the non-conforming Product.
In the event that Customer elects to accept a repair or replacement and the Third Party vendors fail to do so within a reasonable time, eShaksters may grant to the Customer a voucher as compensation (it may or may not be of value of the product), the quantum of which shall be determined at its sole discretion. Upon Customer accepting a remedy from the us as set out above, the Customer shall have no further claim against the us as regard to the non-conforming Product.

6.4 Return of Non-conforming Products: When eShaksters has provided replacement Products or given the Customer a full refund, the non-conforming Products or parts thereof shall become eShaksters’ property. We may, at its sole discretion, request such non-conforming Products to be shipped back to us at our Third Party vendors (or our agent).

7. Questions and complaints

7.1 If you have any questions or complaints, (i) you may either contact our Customer Service agent directly via the Platform or (ii) email us at contact@eshaksters.com.

7.2 In the event that Customer is unable to resolve any dispute with us directly through amicable negotiations, eShaksters reserves the right to suggest and implement an appropriate resolution at its sole discretion.

8. Termination

8.1 Cancellation by you: You may cancel the Customer Contract before we dispatch the Products under such Customer Contract by written notice to us through our Contact Us page. If the Products have already been dispatched, you may not cancel the Customer Contract but may only return the Products in accordance with Clause 6.

8.2 Cancellation by eShaksters: Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale, we may stop any Products in transit, suspend further deliveries to the Customer and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:

8.2.1 the Products under the Customer Contract being unavailable for any reason;

8.2.2 the Customer being in breach of an obligation under the Customer Contract;

8.2.3 the Customer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer’s winding up or dissolution;

8.2.4 the making of an administration order in relation to the Customer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Customer’s assets; or

8.2.5 the Customer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.

8.3 Termination in the event of Pricing Error: eShaksters reserves the right to terminate the Customer Contract, in the event that a Product has been mispriced on the Platform, in which event we will notify you of such cancellation in writing. We shall have the rights to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you.

9. Risk and Property of the Goods

9.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when eShaksters has tendered delivery of the Goods.

9.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until eShaksters has received in full payment of the price of the Goods and all other goods agreed to be sold by us to the Buyer for which payment is then due.

9.3 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of eShaksters but if the Buyer does so all moneys owing by the Buyer to Lazada shall (without prejudice to any other right or remedy of Lazada) forthwith become due and payable.

9.4 If the provisions in this Condition 9 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.

9.5 The Buyer shall indemnify eShaksters against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of eShaksters’ rights under this condition.


10.1 Sole remedies of customer: the remedies set out in clause 6 are the customer’s sole and exclusive remedies for non-conformity of or defects in the products.

10.2 Maximum liability: notwithstanding any other provision of these terms & conditions of sale for lazada, seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each customer contract, will not exceed the sums that you have paid to seller under such customer contract.

10.3 Exclusion of liability: eShaksters indemnitees shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(i) amounts due from other users of the platform in connection with the purchase of any product;
(ii) the sale of the products to you, or its use or resale by you; and
(iii) any defect arising from fair wear and tear, wilful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the products or failure to comply with seller’s instructions on the use of the products (whether oral or written).

11. General

11.1 References to “eShaksters”: References to “eShaksters” in these Terms and Conditions of Sale for eShaksters apply both to eShaksters’ actions on its own behalf as Seller and/or as the operator of the Platform or as the agent of Third Party Vendors as our Delivery Agents in respect of each and every Customer Contract.

11.2 The rights and protections conferred on Lazada under these Terms and Conditions of Sale for eShaksters shall be additional to the rights and protections conferred on eShaksters under the Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed to or accepted by the Customer.

11.3 Any clause in the Terms and Conditions of Sale for eShaksters, Terms of Use, Privacy Policy and other terms and conditions as may be agreed to or accepted by the Customer that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.

11.4 eShaksters reserves the right to alter, modify, add to or otherwise vary these Terms and Conditions of Sale for eShaksters from time to time, and in such manner as eShaksters deems appropriate. The Customer shall be bound by the terms and conditions so amended. In any event, if the Customer continues to use the Services provided by eShaksters after such amendment, the Customer shall be deemed to have accepted the amendments.

11.5 Cumulative Rights and Remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale for eShaksters and our rights and remedies under these Terms & Conditions of Sale for eShaksters are cumulative and are without prejudice and in addition to any rights or remedies may have in law or in equity, and no exercise by us of any one right or remedy under these Terms & Conditions of Sale for eShaksters, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale for eShaksters or at law or in equity) operate so as to hinder or prevent us from exercising of any other such right or remedy as at law or in equity.

11.6 Correction of Errors: 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 our part.