HYPERMART TERMS AND CONDITIONS

Bahasa / English

Welcome to Hypermart

 

The terms and conditions set out below, manage the terms and conditions for using the services offered by PT Matahari Putra Prima Tbk., in the form of organizing electronic trading under the name Hypermart both in applications and websites/online sites (“Applications”) by the party who registers, accesses and/or uses the Application (“User”). Users are required to read and understand carefully the following Terms and Conditions before using the Application because it can affect the rights and obligations of the User under the law.

 

By registering, accessing and/or using the Application, the User acknowledges that the User has read, understood, accepted and agreed to all contents in the Terms and Conditions. These Terms and Conditions are a form of valid agreement between the User and PT. Matahari Putra Prima Tbk., Users may not use this Application for any other purpose other than as regulated in these Terms and Conditions.

 

If the User do not agree to one, part, or all of the contents of these Terms and Conditions, User is not allowed to use the services in the Application.

A. Definition

B. Account, Password and Security

C. Goods

D. Purchase Transaction

E. Price

F. Payment Method

G. Promotion

H. Shipping

I. Terms of Refund (Refund), and Return of Goods (Return)

J. Miscellaneous Terms

 

A. Definition

  1. “Account” is an account belonging to a User registered on the Hypermart Application system
  2. “We” or Hypermart, is PT. MATAHARI PUTRA PRIMA Tbk., which conducts the electronic trading under the name Hypermart and its operational head office is located at Hypermart Cyberpark, UG floor, Jl. Sultan Falatehan, North Lippo Karawaci, Tangerang Banten 15138 Indonesia
  3. “Application”, is the Hypermart application (iOS and Android versions) that You use on your device or through Mobile Application Hicard More to take advantage of Our various services including but not limited to promotions, other offers, and buying or selling transaction of goods online Chat & Shop.
  4. “User” or You” means all people who access, utilize, use, including making transactions to purchase Goods through this Application.
  5. “Goods” are products or tangible goods/which have physical Goods offered through this Application that can be delivered according to the delivery criteria by the delivery service company
  6. “Payment Method” means a method available to Users in conducting payment transaction activities, including but not limited to virtual accounts and other payment method options as stated in Part F of these Terms and Conditions
  7. “Terms and Conditions” are all provisions that contain rules, guidelines, policies and provisions that bind Hypermart with Users in the use of the Application

 

B. Account, Password and Security

  1. The User hereby represents and warrants that the User is a person who is capable and able to bind themself in a valid agreement according to law, has met the age limit required under the laws and regulations, is responsible for: (i) all your actions related to access to and use of the Application (ii) any fees related to the use of the Application (iii) compliance with the Terms and Conditions, We reserve the right to cancel the registration of your account if this is not true. In the event that you register on behalf of a business/legal entity, you also represent and guarantee that you are authorized to act for and on behalf of the said business/legal entity and in using the Application have the capacity and authority as required by the applicable laws and regulations, have obtained the necessary permissions and all actions, actions you take on the use of the Application can be held accountable.
  2. Hypermart does not charge a registration fee to Users in using the Application.
  3. The User agrees to register for an account to be able to access and use the application, including making purchases through the application.
  4. After registering an account, the User and Hypermart will verify the account through the code sent via Whatsapp or SMS verification.
  5. User understands that 1 (one) phone number can be used only for registering 1 (one) User account. If the User has more than 1 (one) account with the same phone number, then We have the right to delete and limit the using of those accounts.
  6. The registered User is entitled to act as the buyers that may purchases the Goods through the Application.
  7. Users agreed to provide personal data and information, including but not limited to name, cellular phone number, personal address, email address, and other information that may be required for Account registration and verification by Hypermart.
  8. In the event that User violate one or more of the provisions contained in these Terms and Conditions, Hypermart at its sole discretions to take necessary actions for any alleged violation or violation of the Terms and Conditions and/or applicable law including but not limited to account suspension, and/or deletion of User’s account.
  9. User has the right to make changes to the account name as much as the number of opportunities provided and Hypermart has the right to change the number of opportunities to change the account name. User must ensure that the changes to the account name are in accordance with the wishes and are personally responsible for changes to the account name made by the User. The User agrees that any engagement that occurred before the name change remains binding on the User
  10. The User is personally responsible for maintaining the confidentiality of the account and password for all activities that occur in the User’s account.
  11. Hypermart will not ask for a verification code belonging to the Account either in the form of a code sent via Whatsapp or SMS verification or verification code in any other form for any reason, therefore Hypermart urges Users not to provide such data or other important data to parties on behalf of Hypermart or other parties that its security cannot be guaranteed.
  12. User hereby declares that Hypermart is not responsible for any losses or obstacles arising from attempts to access, use without permission and/or misuse of Accounts caused by User’s negligence, including but not limited to agreeing and/or granting access to the Accounts sent by Hypermart through notification messages to other parties through User devices, lending Accounts to other parties, accessing links or links provided by other parties, providing or showing Account verification codes, either in the form of codes sent via Whatsapp or verification SMS, as well as verification codes in other forms, as well as other Users that result in losses or obstacles to the Account.
  13. The User understands and agrees that in the event that verification is required which requires You to obtain a password via SMS one time password (OTP), the relevant telecommunications service provider may charge You a fee at any time.

 

C. Goods

  1. Goods traded have minimal information, namely the name/brand of the Goods and the type of Goods, as well as the price of the Goods.
  2. Goods offered or traded on the Application, do not endanger the safety of the User, Goods do not expire, do not have materials classified as hazardous materials according to the applicable laws and regulations.
  3. In making a transaction to purchase Goods through the Application, the User is deemed to have understood and agreed to all information/descriptions read on the Goods.
  4. To ensure the quality of the Goods that will be offered on the Application, Hypermart performs quality control on the Goods in a reasonable manner.
  5. Hypermart will replace or refund in the event of a claim or report related to the non-conformity of the Goods purchased by the User, in accordance with the method stipulated in the Terms and Conditions.

 

D. Purchase Transaction

  1. The User is obliged to make transaction through the transaction procedure as specified in the Terms and Conditions and the User shall makes the payment by using the payment method selected by the User in accordance with the Terms and Conditions.
  2. When Users purchases the Goods through the Application, the User agrees that:
    1. The User is responsible for reading, understanding and agreeing to the overall information/description of the Goods (including but not limited to color, quality, function and others) before making a commitment to purchase.
    2. The User acknowledges that the actual color of the Goods as seen in the Application depends on the User’s computer monitor and mobile phone screen. Hypermart has made its best endeavor to ensure that the colors in the photos displayed on the Application appear as accurate as possible, but cannot guarantee that the color appearance on the Application will be accurate.
    3. Users when purchases the Good through the Application, will enter into a legally binding contract.
  3. The User hereby understands that the stock availability of Goods may change at any time. In the case of an empty stock of Goods, Hypermart informs the User regarding the availability of empty Goods and the User can also request a cancellation of the order if the availability of the Goods is empty. If the User has made a full payment, Hypermart will refund the paid Goods to the registered account.
  4. The User is obliged to make a payment by using the payment method that chosen according to the Terms and Conditions with a nominal amount that corresponds to the billing amount listed on the payment page.
  5. Payment by the User must be made immediately after the User has checked out referring to the time limit of each payment method used by the User as stipulated in the Terms and Conditions. If within that time limit the payment has not been made by the User, Hypermart has the authority to cancel the transaction. Users are not entitled to submit claims or demands for the cancellation of the transaction.
  6. The User understands and agrees that the problem of delays in the payment process and additional fees caused by the difference between the bank that the User uses and the official Hypermart bank account are the responsibility of the User personally.
  7. Refunds from Hypermart to Users can only be made in certain circumstances as follows:
    1. The problem of delivery of Goods has been clearly identified which resulted in the order of Goods not reaching the User.
    2. Orders cannot be fulfilled due to out of stock or other reasons.
    3. Problem solving through decisions from Hypermart.
  8. User agrees not to notify or submit proof of payment and/or payment data to parties other than Hypermart. In the event of a loss due to notification or submission of proof of payment and/or payment data by the User to another party, then this will be the responsibility of the User.
  9. The User agrees to be obliged to submit original documents including but not limited to doctor’s prescriptions, expert recommendations, or other documents related to certain shops or parties as long as they are required by laws and regulations and We have the right to take actions as required by laws and regulations.
  10. Hypermart has the right to limit the number of Goods purchased, if it has been described in our offer or in Hypermart’s opinion is an amount that is considered unreasonable.
  11. Hypermart has the right to cancel the purchase of Goods if in Hypermart’s own opinion it is suspected or indicates something unusual.

 

E. Price

  1. The price of the Goods listed on the Application is the price that has been determined by Hypermart. Users are prohibited from manipulating the price of Goods in any way.
  2. The price of Goods determined by Hypermart includes the composition of Taxes.
  3. By placing an order through the Application, the User agrees to pay the total fee to be paid as stated on the payment page, which consists of the price of Goods, shipping costs, and other costs that may arise and will be described explicitly on the payment page.
  4. The User agrees to make payment through the payment method previously selected by the User.
  5. The total price billed may change from the price displayed on the Application when the User makes the order. These changes can be caused by several things, namely:
    1. Goods are weighed, in the process of ordering there may be differences in the weight of the Goods from those displayed on the Application. In connection with the difference in the weight of the Goods, the User will be billed based on the latest Goods Price. As for the difference in weight in the range of 5% (five percent) as a result of the shipping process, it can be accepted as a reasonable thing and cannot be disputed.
    2. Technical error, in the event of a price difference caused by a technical error, related to this, it will be communicated to the User regarding the price difference.
  6. The User is obliged to ensure that the funds owned are sufficient to make payments for the transactions that the User has made.
  7. For now, every Goods purchase transaction occurs through the Application using only Rupiah currency.

 

F. Payment Method

  1. Choice of payment methods for Goods purchase transactions through the Application as available in the Application.
  2. Users who make payments using a credit card but the purchase transaction is unsuccessful and/or cancelled, the bill for the transaction will be canceled and the transaction funds will be returned to the User’s credit card limit for the next billing. The provisions in this paragraph do not apply to Goods purchase transactions using a credit card that violate the legal provisions and/or the stipulated Terms and Conditions.
  3. Users are obliged to make transaction through the transaction procedures that have been determined by Hypermart. The User makes a payment using the payment method previously selected by the User.
  4. We have the authority to refuse your payment or cancel the order, if it is found that there is an indication of improper use and/or not in accordance with the Terms and Conditions for the purchase transaction of the Goods that You make.

 

G. Promotion

  1. Hypermart can hold promotional activities at any time with terms and conditions that can be different for each promotion carried out. Users are encouraged to read carefully the terms and conditions regarding the promotion.
  2. Users may only use 1 (one) account to participate in each promotion. If it is found that the creation of more than 1 (one) account by 1 (one) User who has the same account information and/or the same payment identity, the User is not entitled to benefit from the promotion held.
  3. Users may have the opportunity to receive and use coupons/vouchers related to the implementation of the Promotion. Promotions in the form of coupons/vouchers will refer to the separate terms and conditions of each such coupon/voucher promo.
  4. Users can use valid vouchers, which Hypermart officially distributes to all Users when making payments for Goods purchase transactions through the Application.
  5. Each voucher distributed can only be used for 1 (one) time as long as Hypermart does not specify otherwise.
  6. We are not responsible for the validity period of the voucher.
  7. Under certain conditions as long as it does not conflict with the applicable legal provisions, We may at any time to cease the using of vouchers. We are not responsible for any losses arising from discontinuing the use of the voucher.
  8. Hypermart has the right, without prior notice, to take the necessary actions including but not limited to withdrawing cashback, canceling Rewards benefits, revocation of promotions held, canceling transactions, withholding funds, account suspension, account deletion, and other things if any manipulation, violation or indication of fraud or violations of the Terms and Conditions and applicable laws in Indonesia is found.

 

H. Shipping

  1. Delivery of Goods in the Hypermart system must use the services of a shipping company that has obtained verification of the Hypermart partner selected by the User based on availability.
  2. Any provisions relating to the process of delivery of Goods are the full authority of the service provider of delivery of Goods.
  3. In the event of any problems with the delivery of Goods in the form of lost Goods, damaged Goods and so on, the User can report to the Hypermart no later than 1 x 24 hours from the time of delivery of the Goods for an investigation process to be carried out.
  4. The User understands and agrees that any problem with the delivery of the Goods caused by late payment is the responsibility of the User.
  5. The User understands and agrees that any problems that occur during the process of delivering the Goods by the provider of the Goods delivery service are the responsibility of the delivery service provider.
  6. Users are required to be able to provide an accurate delivery address for the Goods.
  7. If the User is not at the place of delivery when the Goods are delivered, please provide information when the User makes a transaction to purchase the Goods and inform the person that the User appoints to receive the Goods.
  8. The Goods will be sent by the Goods delivery service provider after payment is received by the Hypermart, and if it exceeds the promised time, the User can contact the Hypermart Call Center service at telephone number 1500216
  9. Delivery We do up to a distance of 10KM from our shop.
  10. Hypermart Express Delivery Schedule: 09:00-20:00. Orders outside these hours will be made on the next schedule; Hypermart Next Day: 14:00 – 20:00 the next day.
  11. Shipping costs will be charged to each purchase transaction according to the price listed. If there is a special promotion in the form of deduction of  shipping costs, the User can enjoy the benefits of the promotion if it meets the applicable criteria. From time to time We may also charge other fees such as packaging/handling fees, insurance or other fees listed on the Application.
  12. Delivery service: available in stores listed on the Hypermart Online Website/Apps, Chat & Shop. Delivery services are provided according to the distance guidelines listed on the Hypermart Online Website / Apps, Chat & Shop.
  13. Delivery must be confirmed by the User or recipient based on the invoice shown by our staff or sender.
  14. All risks for the Goods sold in this Application are the responsibility of the User since the Goods arrive at the designated address

 

I. Terms of Refund (Refund), and Return of Goods (Return)

  1. Refund, Return of Goods & Replacement of Goods can only be done with the following conditions:
  2. Item of Goods does not match the order
  3. The number of Goods is less than the order
  4. Item of Goods was damaged when received
  5. Expired Goods
  6. The User can inform the Call Center at the number specified in the Application no later than 1 x 24 hours from the time the Goods are received by the User.
  7. If there is a condition of the Goods as referred to in point 1 above and the User wants to apply for the exchange and return of the Goods, it can be done by contacting our Call Center.
  8. Goods that have been ordered and have been successfully paid for, cannot be canceled or changed.
  9. If the application for exchange that the User has made is approved through our Call Center, then We will exchange the Goods according to what You want and You are required to return the Goods exchanged with Us with good and appropriate conditions when the Goods are sent.
  10. If the return of the Goods that You make is approved through our Call Center, You are required to return the Goods in good and appropriate condition when the Goods are sent to you
  11. Goods that You want to exchange or return We will do an inspection of the Goods on the spot. If based on the results of our inspection for reasons that are clearly not in accordance with the Terms and Conditions, then the exchange and return application that You have submitted will be rejected by us.
  12. For the Goods that You returned, You have the right to a refund that You have issued in connection with the purchase of the Goods. The funds will be returned to You through the refund terms determined by Hypermart.
  13. Refunds to Users will be returned within 7 (seven) working days after receipt of a refund request from the User, implemented through a payment method that will be further agreed upon between Hypermart and the User. For payments using credit cards will follow the billing cycle of the issuing bank. Hypermart will contact the User through the registered phone number to confirm the information and details of the bank account that will be the destination of the refund or in accordance with the bank account information filled in by the User in the withdrawal form.

 

J. Miscellaneous Terms

a) Guarantee and Liability

  • Hypermart always strives to keep the Application services safe, comfortable, and functioning properly, but Hypermart cannot guarantee the continuously of the operation or access to Our services can always be perfect. Information and data in the Application may not occur in real time.
  • The User is at his own risk, is responsible for:
  • Improper use or inability of the User to use the Application;
  • Disputes between Users;
  • Defamation of other parties;
  • Any misuse of the Goods that have been purchased by the User;
  • Losses due to payments that are intentionally or unintentionally made outside of the provisions of the payment method specified in the Terms and Conditions;
  • There are hacking actions taken by third parties to User Accounts.

 


b) Availability of Application Services

  • Applications will be available 24 (twenty four) hours per day and 7 (seven) days a week with service availability of 99% (ninety nine percent). The validity  of this provision will refer to government policies, including but not limited to the handling/management of the COVID-19 outbreak.
  • Hypermart will, from time to time, perform maintenance and repairs on the Application. The User hereby acknowledges and agrees that, during the maintenance and repair process, it is possible that the Application services cannot be used for a while.
  • Hypermart is not responsible for system disturbances in the Application for conditions that occur due to things beyond the limits of Hypermart’s capabilities or caused by Force Majeure

 


c) DATA PRIVACY PROTECTION

The provisions regarding the protection of personal data will be regulated in the Privacy Policy and it is  an integral part of these Terms and Conditions.

 


d) Force Majeure

We are not responsible to Users for any violations, obstacles or delays in fulfilling transactions by Us to Users caused by Force Majeure or circumstances beyond Our control, including but not limited to natural disasters, disease outbreaks, fires which can be proven to have elements accident, war, strike, sabotage, telecommunications network obstruction, or other forms of industrial action (“Force Majeure”), and/or actions, decisions of the government and applicable laws.

 


e) User Service

We have User services that You can use to obtain information, make complaints and/or complain about the Application services that We provide through the Call Center, via email, chat or telephone listed on the Application.

 


f) Separation

If any provision of these Terms and Conditions, or any part thereof, is determined to be invalid or invalid by a competent court, the validity and enforceability of the remaining provisions or parts thereof will not be affected by it.

 


g) Choice of Law

These Terms and Conditions will be governed by and construed in accordance with the laws of the Republic of Indonesia. The User agrees that any legal action or dispute that may arise from, relate to, or be in any way related to the Application and/or these Terms and Conditions will be resolved exclusively within the jurisdiction of the courts of the Republic of Indonesia and choose a permanent legal domicile at the Registrar’s Office, Tangerang District Court.

 


h) Update

Any changes that we make to these Terms and Conditions will be displayed in the form of a notification on our application. You are required to, read, view and study these changes. We require You to visit this page periodically. By continuing to access and use the Application services, the User is deemed to have agreed to the changes in these Terms and Conditions. If the User does not agree to one, part, or all of the contents of these Terms and Conditions, the User is not allowed to use the services on the Application.