TERMS AND CONDITIONS OF SALE – GOLD CHOICE eSTORE
1. DEFINITIONS
In these terms:
Gold Choice means Gold Choice Food Industries Sdn Bhd (Co. No. 292893-P).
Yee Harn means Yee Harn Trading Sdn Bhd (Co. No. 302911-T), a wholly owned subsidiary company of Gold Choice.
Gold Choice eStore website means https://estore.goldchoice.com/
Goods means goods or products ordered on the Gold Choice eStore website and provided by Yee Harn to you.
Services means services ordered online on Gold Choice eStore website and provided by Yee Harn to you.
You means the person(s) or customer(s) purchasing goods and services from Yee Harn.
3PL means third party logistic company assigned by Yee Harn to perform the delivery service.
Shipping Fee means freight charges incurred for delivery of Goods to your requested address either by means of flat rate, by item or weight based of which may be varied from time to time.
2. GOLD CHOICE eSTORE REGISTRATION & WEBSITE USE
2.1 Each order placed with Yee Harn by means of the Gold Choice eStore website will be governed by these terms. By placing an order, you acknowledge that you have read, understood and accepted these terms.
3. ORDERS
3.1 You may place orders for Goods and Services online at the Gold Choice eStore website.
3.2 All orders are subject to availability of stock and min/max quantities as Yee Harn decides from time to time.
3.3 Yee Harn reserves the right to refuse orders whether whole or in part in its absolute discretion.
3.4 It is your responsibility to ensure you are available to receive the delivery. If you are not at the delivery address to receive the goods, a card by 3PL with an alternative delivery or pick up time or/and address will be left at your delivery address subject to the terms & conditions set by the 3PL.
4. RETURNS
4.1 For Safety & Health reasons all food items sold are non-returnable.
4.2 To uphold & strengthen the policy stated in 4.1 and with placing the benefits of the buyer(s) in mind, Yee Harn endeavour to ensure that quality of every item is stringently checked (correct items, expiry dates and quantity placed) before packed for dispatch. However, as a buyer you must verify your order of goods upon delivery and you must notify Yee Harn on +6012 538 0720 within seven days of receipt of any incorrect order or any damage to the packaging during the transportation of the the product(s) is/are found upon receipt.
You are advised to report the damages by snapping photo(s) of the damaged goods and send them to +6012 538 0720 upon receiving of the goods for our immediate actions.
Only orders that are found to be wrongly delivered on our part or the product(s) that is/are damaged as aforesaid must be promptly returned by you to Yee Harn in their original packaging, accompanied by the invoice. Where the incorrect order is the fault of Yee Harn or damages done during the transportation of the product(s), the costs associated with the return delivery will be covered by Yee Harn.
If the goods/products have been used or damaged due to negligence done by the customer, there will not be any replacement or refund to be made by Yee Harn.
The refund will only be made if Yee Harn failed to complete the order(s) and after due notice/advice you disagree with the replacement of other product(s) of similar with the same value.
5. DELIVERY AND RECEIPT
5.1 Yee Harn will endeavour to provide Goods and Services in a timely manner to the address specified in your order, however Yee Harn will not be liable for any delay in delivery for any reason. Any costs incurred by Yee Harn due to any failure by you to accept the Goods at time of delivery must be reimbursed by you to Yee Harn.
5.2 Invoices for Goods may include a Shipping Fee for freight and delivery as specified by Yee Harn at the point of checkout.
5.3 If you wish to have Goods or Services provided by means other than Yee Harn’s usual means, you will need to make all necessary arrangements and pay all costs involved.
6. PAYMENT
6.1 Yee Harn may change the prices of Goods and Services from time to time without notice to you.
6.2 You must pay the current price of Goods and Services at the time of purchase.
6.3 You must pay Yee Harn any SST or/and GST whenever applicable for the provision of the Goods and Services.
6.4 You are responsible for all duties, taxes and clearance charges that may be levied on the Goods or Services, if any.
7. TITLE AND RISK
7.1 Title in Goods passes to you on the latter of delivery to you or payment in full for them.
7.2 Risk in Goods passes to you on delivery of the Goods to you, unless you arrange for delivery under clause 5.3 in which case risk passes when the Goods leave Yee Harn premises.
8. EXCLUSIONS AND LIMITATIONS
8.1 You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
8.2 To the extent permitted by law, Gold Choice or/and Yee Harn ’s only liability is as expressly stated in these terms and in the Laws of Malaysia and all other guarantees, warranties and conditions are excluded.
8.3 To the extent permitted by law, then except as provided under the Laws of Malaysia, Gold Choice or/and Yee Harn will not be liable to you (whether in contract, tort, or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit.
9. INDEMNITY
9.1 You indemnify and must keep Gold Choice or/and Yee Harn, its officers, employees and agents indemnified against all reasonable damages, losses, costs and expenses suffered by them arising out of any breach by you of these terms or arising out of your use, possession or sale of the Goods or Services, or the use, possession or sale of the Goods or Services by someone with your authority or permission.
10. GENERAL
10.1 These terms and any invoice referencing these terms govern your registration with Gold Choice or/and Yee Harn and the provision of Goods and Services ordered via the Gold Choice eStore website and constitute the whole of the agreement between you and Gold Choice or/and Yee Harn and supersede any previous dealings, prior representations, statements and agreements in relation to their subject matter.
10.2 These terms may be varied by Yee Harn at any time by notice to you or by means of a notice on the Gold Choice eStore website. Clerical errors are subject to correction without notice. By placing an order after Gold Choice or/and Yee Harn has posted a new version of its terms, you agree to be bound by that updated version.
10.3 Yee Harn may sub-contract or otherwise arrange for another person to perform any part of these terms or to discharge any of Yee Harn's obligations under these terms.
10.4 These terms are governed by and must be construed in accordance with the laws of Malaysia.
11. ALL OTHER TERMS & CONDITIONS PERTAINING TO THE USE OF GOLD CHOICE eSTORE
11.1 Site Contents & Copyrights
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site, in other words “Contents of the Site” are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Gold Choice.
11.2 Comments and Feedbacks
All comments and feedbacks to Gold Choice eStore shall remain the property of Gold Choice or/and Yee Harn. You shall agree that there will be no comment(s) submitted to the Gold Choice eStore will violate any rights of any third party, including copyrights, trademarks, privacy of other personal or proprietary right(s). Furthermore, you shall agree there will not be content of unlawful, abusive, or obscene material(s) submitted to the site. You will be the only one responsible for any comment's content made.
11.3 Product Information
All products’ information published on our products’ packaging are in compliance with the Malaysia Food & Labelling requirements and shall be taken as good reference.
11.4 Newsletter & SMS (Short Message Service)
You shall agree that Gold Choice or/and Yee Harn may send newsletter or/and SMS regarding the latest news/products/promotions etc through email or/and SMS to you.
11.5 Indemnification
You shall agree to defend, indemnify and hold Gold Choice or/and Yee Harn harmless from and against all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Gold Choice eStore Site.
11.6 Link to Other Sites
Any access link to third party sites is at your own risk. Gold Choice eStore I s not related or involve to any such website and will not be liable in whatsoever manner if your usage or exposure had resulted damages or loss in connection with any of the third party’s site.
11.7 Inaccuracy Information
From time to time, there may be information on Gold Choice eStore that contains typographical error, inaccuracies, omissions, that may relate to product description, pricing, availability and article contents. We reserve the rights to correct any errors, inaccuracies, change or edit information without prior notice to the customers.
11.8 Termination
This agreement is effective unless and until either by the customer or Gold Choice eStore. Customer may terminate this agreement at any time. However, Gold Choice eStore may also terminate the agreement with the customer without any prior notice and will be denying the access of the customer who is unable to comply the terms and conditions above.