TERMS AND CONDITIONS OF SALE – GOLD CHOICE eSTORE
In these terms:
Gold Choice means Gold Choice Food Industries Sdn Bhd (Co. No. 302911-T).
Gold Choice eStore website means https://estore.goldchoice.com/
Goods means goods or products ordered on the Gold Choice eStore website and provided by Gold Choice to you.
Services means services ordered online on Gold Choice eStore website and provided by Gold Choice to you.
You means the person(s) or customer(s) purchasing goods and services from Gold Choice.
3PL means third party logistic company assigned by Gold Choice 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 Gold Choice 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.
3.1 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 Gold Choice decides from time to time.
3.3 Gold Choice 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.
4.1 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, Gold Choice endeavour to ensure that quality of every item is stringently checked before packed for dispatch. However, in a very rare manner you must verify your order of goods upon delivery and you must notify Gold Choice on +6012 538 0720 within seven days of receipt of any incorrect order.
If required by Gold Choice, Goods forming part of the incorrect order must be promptly returned by you to Gold Choice in their original packaging, accompanied by the invoice. Where the incorrect order is the fault of Gold Choice, the costs associated with return delivery will be covered by Gold Choice.
If the goods/products have been used or damaged by the customer, there will not be any replacement.
4.3 When returns are accepted & duly received by Gold Choice, Gold Choice will replace the Goods originally placed by you within 2 weeks of receipt of the returned Goods.
4.4 You cannot refuse to accept Goods merely because they are not delivered by any given date or dates.
5. DELIVERY AND RECEIPT
5.1 Gold Choice will endeavour to provide Goods and Services in a timely manner to the address specified in your order, however Gold Choice will not be liable for any delay in delivery for any reason. Any costs incurred by Gold Choice due to any failure by you to accept the Goods at time of delivery must be reimbursed by you to Gold Choice.
5.2 Invoices for Goods may include a Shipping Fee for freight and delivery as specified by Gold Choice at the point of checkout.
5.3 If you wish to have Goods or Services provided by means other than Gold Choice ’s usual means, you will need to make all necessary arrangements and pay all costs involved.
6.1 Gold Choice 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 Gold Choice any 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 Gold Choice 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 ’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 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.
9.1 You indemnify and must keep Gold Choice, 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.
10.1 These terms and any invoice referencing these terms govern your registration with Gold Choice 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 and supersede any previous dealings, prior representations, statements and agreements in relation to their subject matter.
10.2 These terms may be varied by Gold Choice 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 has posted a new version of its terms, you agree to be bound by that updated version.
10.3 Gold Choice may sub-contract or otherwise arrange for another person to perform any part of these terms or to discharge any of Gold Choice 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. 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 may send newsletter or/and SMS regarding the latest news/products/promotions etc through email or/and SMS to you.
You shall agree to defend, indemnify and hold Gold Choice 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.
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.