Terms & Conditions
TERM OF USE
HERBS ‘N’ FOOD E-Commerce Terms & Conditions
1. Welcome
to www.herbsnfood.com.my! Thank you for visiting our website. This page forms
the Terms and Conditions in accordance with which we supply Products (each a
“Product”) listed on our website www.herbsnfood.com.my (the “Site”) to you (the
“Terms and Conditions”). Please read these Terms and Conditions before ordering
any Products from the Site. By ordering any of our Products, you agree to be
bound by these Terms and Conditions. You should visit our page regularly to
make note of any changes we have made to our Terms and Conditions. PLEASE READ
THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY AS IT GOVERNS YOUR USE OF THE
SITE.
AGREEMENT
2. This
Agreement (the "Agreement") is an agreement between the Customer
(hereinafter referred to as “you” or “your”) and HERBS ‘N’ FOOD SDN BHD
(Company No. 194352-M) (Herein after referred to as “HNF”, “we”, “us” or “our”)
that states the terms and conditions regarding your access to and use of HNF’s
Site and all content, information, products and services available on or
through the Site, which includes processing and delivery of Product orders.
Your use of the HNF service and the Site constitutes your agreement to the
terms and conditions together with the Privacy Policy set forth below. If you
do not agree with all of the terms and conditions, do not use the Site or the
HNF Service.
GENERAL
3. You agree
that the HNF reserves the right to amend these terms and conditions together
with the Privacy Policy at any time, in HNF’s sole discretion, by posting any
such amendment(s) to the Site without prior notice. HNF does not undertake to
notify any of such changes.
INTELLECTUAL PROPERTY
4. HERBS ‘N’
FOOD and HERBS ‘N’ FOOD Logo are trademarks of HNF (“Trade Marks”). All
material on this Site, including the text, information, graphics, logos,
design, layout, downloads, pricing, products and services (“Content”) is owned
by or licensed to HNF. You must not reproduce, transmit, adapt, distribute,
sell, disrupt, modify, publish, store or display in public the Content or Trade
Marks for any purpose, other than with the prior written consent of HNF, or as
permitted by law. Using the Site for any other purposes or in any other manner
is strictly prohibited. All rights of HNF are reserved.
5. Trademarks
used on this website to describe third parties and their products are
trademarks of those third parties.
6. All
rights, title and interest in all Intellectual Property in all concepts,
systems, written, graphic and other material relating to HNF in this Site and
all text, graphics, photographs, forms, diagrams and other materials published
on it shall remain the property of HNF at all time. You must not reproduce,
transmit, adapt, distribute, sell, disrupt, modify, publish, store or display
in public or distribute in any way the contents or any part of this site for
any purpose other than with the prior written consent of HNF, or as permitted
by law.
LINKS
7. The Site
may contain hyperlinks to other sites and pages which are not maintained or
controlled by HNF and for which HNF is not responsible. When you clicked into
any of these links or pages you leave this site and access to such site or page
is at your own risk for which HNF disclaims all responsibility and liability.
8. HNF
disclaims all liability to information or materials posted by advertisers or
sponsors on this Site.
PROHIBITIONS
9. You must
not misuse this Site. You shall not commit or encourage a criminal offence,
transmit or distribute a virus including but not limited to Trojan horse, worm,
logic bomb or post any other material on the Site which is malicious,
technologically harmful, in breach of confidence or in any way offensive or
obscene; hack into any aspect of the Service; corrupt data; cause annoyance to
other users; infringe upon the rights of any other person’s propriety rights;
send any unsolicited advertising or promotional material; or attempt to affect
the performance or functionality of any computer facilities of or accessed
throughout the Site. Any breach of this provision would constitute an offence
under the Communications and Multimedia act 1998. In the event such breach
occurs, HNF will report the breach to the relevant law enforcement authorities
and appropriate legal action will be taken.
CUSTOMER’S REGISTRATION
10. The
Customer shall agree to complete the registration process according to HNF's
requirements as stated on this Site. The Customer shall provide HNF with
complete and updated information which shall include (but shall not be limited
to) the Customer's legal name, address, telephone and fax numbers (optional)
and e-mail address. If the Customer provides any information that is untrue,
inaccurate, not current or incomplete (or becomes untrue, inaccurate, not
current or incomplete), HNF has the absolute right to suspend or terminate the
registration of such Customer and/or refuse any and all its current or future
use of this site.
11. Registration
is open to residents in Malaysia aged eighteen (18) years and above. HNF has
the absolute discretion to refuse the registration of a potential Customer for
any reason whatsoever and to terminate the registration of any of its Customers
for any reason whatsoever. Once the Customer has completed and submitted its
registration, we shall deem that the Customer has opted in to receive email
communication and text message from us and the Customer shall be responsible
for all charges imposed by the Customer’s mobile phone carrier, if any.
12. HNF has the
absolute discretion to refuse registration of a potential customer and to
terminate the registration of any customer for any reason whatsoever.
13. The
Customer shall be liable for every Order made under his/her Login and agrees to
indemnify HNF for all claims, damages whatsoever made by any third party
arising from the actions of a person placing Orders for the Products using the
Customer's Login. The Customer shall be responsible for updating his
registration information. The Customer shall immediately notify HNF in the
event of any unauthorized use of the Customer’s Login.
14. Should the
Customer find any unauthorized use of his/her login, the Customer shall notify
HNF immediately and effectively.
15. Access to
the Site is done through the use of a personal password. You shall ensure that
the password is kept strictly confidential to prevent any unauthorized use. You
shall accept responsibility for all activities that occur under the Customer’s
Login and password. HNF shall use its best endeavors to prevent any
unauthorized entry to the Site. However, HNF shall not be liable for any
damages or losses whatsoever if any third party gains unauthorized access to
the Site.
ONLINE PURCHASE
16. Customer
may place his/her Order via HNF’s website at: http://www.herbsnfood.com.my.
Once you have selected the product(s) that you wish to order and the method of
either delivery or collection, you will then be shown (on the Site) the charges
you must pay including taxes, if applicable, and any applicable delivery charges.
You shall pay for the order in full at the time of ordering, all forms of
payment (bank transfer, debit/credit card, etc) are to be processed via the
payment gateway of the Site.
17. After
placement of an Order, you shall receive an email acknowledging receipt of
Purchase Order. For clarification, such acknowledgement of receipt of Purchase
Order does not constitute confirmation of acceptance of such Purchase Order and
it does not guarantee its’ stocks availability. The inclusion of any Products
or services on this site at a particular time does not guarantee that the
Products or services will be available at all time.
18. HNF shall
not be obliged to supply the Product to you until we have accepted your
Purchase Order by sending you a subsequent email confirming our acceptance, in
the form of a document called a "Confirmation of Order" stating that
HNF is accepting your order.
19. Until the
time when we accept your order, we reserve the right to refuse to process your
order and you reserve the right to cancel your order.
NON-SALES OF ALCOHOL TO MINOR AND MUSLIMS
20. It is
illegal for any Minor under the age of eighteen (18) to purchase alcohol and it
is illegal if you falsify your details in order to purchase alcohol if you are
a Minor under the age of eighteen (18).
21. By virtue
of Section 19 (1) and Section 19 (2) Syariah Criminal Offences Act 1997, all
Muslims are forbidden from buying and drinking alcohol.
22. In
accordance to the legal provisions above, any Minor or Muslims are not allowed
to purchase alcohol products listed on the Site.
CANCELLATION
23. HNF may
cancel an order if the product is not available for any reason. We will notify
you if this is the case and return any payment that you have made. Refund will
be credited into Customer's credit card account or Customer’s bank account
depending on the period of time your financial institution required to arrange
for the refund. You are not allowed to cancel the order once a Confirmation of
Order is issued. If certain Product is not available, you may choose the
following options upon notification by email or SMS:-
(a) to replace
the unavailable product(s)/item(s) with another item that is equivalent in value and proceed with the remaining
order; or
(b) not to
proceed with the order and to refund the full amount paid
should you fail to respond to the notification within seven
(7) days, HNF will cancel your Order and full refund will be given in
accordance to these Terms and Conditions.
PAYMENT TERMS
24. All
Products listed are in Ringgit Malaysia (RM).
25. Payment
for Products ordered online through the Site can be made through our payment
gateway via online bank transfer, valid VISA or MasterCard only. HNF shall not
be liable for any debit/credit card fraud.
26. HNF may
from time to time set credit limits for each individual customer(s) and HNF
reserves the right to limit sales including the right to decline sales to any
customers.
27. HNF
reserves the right to change the payment terms for any order without prior
notice.
28. If payment
for any order has already been made but the order is not accepted by HNF, the
Customer will be entitled to a refund. We shall not be liable with respect to
any loss, damage, cost or expense that you or any person may incur as a result
of any delay in your financial institution processing the said refund.
DELIVERY
29. HNF shall
use reasonable steps to deliver the Ordered Products to the delivery address
specified and keyed in by the Customer but HNF cannot guarantee any firm
delivery time and HNF shall not be liable for any delay in its delivery
services, if the delay has been due to causes beyond the control of HNF.
30. Your order
will be delivered to you via the service of a courier service company appointed
by HNF. At this juncture, delivery service is only extended to the Klang Valley
postcodes listed in the table below. Please allow three (3) working days for
delivery from date of HNF’s Confirmation of Order. Please note that we will not
accept any delivery to a P.O. Box address and it might not be possible for
delivery to some locations within the aforesaid areas in certain circumstances.
Should delivery to some locations is not possible, we shall contact you to
arrange for delivery to an alternative address.
Postcodes covered under Klang Valley:
Kuala Lumpur, KLCC, Ampang, Batu Caves
50000 50050 50088 50100 50200 50250 50300 50350 50400 50430 50450 50460 50470
50480 50490 50500
51000 51100 51200 52000 52100 52200 53000 53300 54000 54100
54200 55000 55100 55200 55300 56000 56100 57000 57100 58000 58100 58200 59000
59100 59200 60000 68000 68100
Petaling Jaya, Ara Damansara, Tropicana, Mutiara Damansara
46000 46050 46100 46150 46200 46300 46350 46400 46500 47300 47301 47308 47400
46410 47810 47820 47830
Subang Jaya, USJ, Sunway
47200 47500 47510 47600 47610 47620 47630 47640 47650
Puchong
47100 47110 47120 47130 47140 47150 47160 47170 47180
47190
HICOM Glenmarie, USJ Heights, Bukit Jelutong, Shah Alam
40000 40100 40200 40300 40400 40450 40470
Klang
42100 41000 41100 41150 41200 41250 41300 41400
Putrajaya
62000 62007 62050 62100 62150 62200 62250 62300 62502 62504 62505 62506 62510 62512 62514 62516 62517 62518 62519 62520 62522 62524 62526 62527 62530 62532 62536 62540 62542 62546 62550 62551 62570 62574 62576 62582 62584 62590 62592 62594 62596 62602 62604 62605 62606 62616 62618 62620 62623 62624 62628 62630 62632 62648 62652 62654 62662 62668 62670 62674 62675 62676 62677 62686 62692 62988
Balakong
43200 43300
Seri Kembangan
43300 43400 47100 47110 47120 62000
Cheras 9 Miles
43200 43300 43207 56000 56100
Bangi
43600
31. Upon
delivery of the Product, you are required to sign for acknowledgment of such
delivery. You shall examine the goods immediately upon collection for any
deficiencies and/or damages before you sign for the acknowledgment.
32. All goods
must be received by an adult aged eighteen (18) years and above (“Recipient”).
Should the driver doubts the age of the Recipient, he request such person to
show an identity card to prove the Recipient’s age, failing which HNF reserves
the rights not to hand over or deliver the goods.
COLLECTION
33. Ordered
Products shall be ready for collection within two (2) working days from the day
of Confirmation of Order is issued to the customer via email. Collection can
only be made within the selected store’s business hour upon notification via
Email/SMS to the contact keyed in by the Customer in the registration of the
account.
34. Collection
shall be made only at the following store:-
HERBS ‘N’ FOOD SDN BHD (194352-M)
No. 116 & 118, Jalan SS15/4B, SS15,
Subang Jaya, 47500 Selangor, Malaysia.
35. In the
event the Customer is not personally available to collect at the selected
store, an authorized representative may collect on behalf provided the Customer
had indicated or emailed to us to update the representative’s information and
the representative must be over eighteen (18) years of age with possession of
an official ID (eg. NRIC/Passport). You or your representative may be required
to produce proof of identity as per the email on collection of Products and you
or your representative shall acknowledge receipt of the collection of the
Products. HNF reserves the right to withhold the products to you if we have any
doubts whatsoever as to your credit worthiness or insufficient identification.
36. A reminder
via phone call and/or email shall be sent to the customer within fourteen (14)
days from the day the Confirmation of Order has been sent. In the event if the
order is not collected within thirty (30) days from the day the Confirmation of
Order has been sent, a monthly penalty fee (i.e. storage fee which may vary
depending on the type of item or quantity of orders) will be imposed. No Refund
will be granted under such event.
RETURN/ REFUND
37. Return/Exchange
of Products or refund can only be made under the following circumstances:
a. If any
Product has been delivered in a damaged or defective condition
b. If any
Product is incorrect
c. If any
Product is expired or out of stock
38. Provided
Always that the Customer shall return to HNF the aforesaid Defective Products
unused and in its original condition, quantity and packaging as it is first
delivered to the Customer together with the proof of Confirmation of Order,
payment and delivery of the Products.
39. Customer
shall examine the Products immediately upon delivery/collection for any
damages, defective, incorrect or deficiencies (Hereinafter referred to as the
“Defective Product”). Customer must notify our customer service via email to
hnfestore@gmail.com or Contact Us page on our Site any Claim (if any) within
seven (7) days upon receiving the Products (Return Notification) in order to be
eligible for return and exchange of such Defective Product; otherwise we shall
have the discretion to refuse your claim.
40. Upon receipt
of the Return Notification, we shall review and decide for an exchange. Once
approved, you will receive an EMAIL/SMS confirmation for Product exchange.
41. We will
inspect the Defective Product upon return by you. If one or more of the
conditions in paragraph 37 above is fulfilled (“Approved Return”), you are
eligible for an exchange of the product if the product is available in our
stock, or for a refund to be made to you within thirty (30) days from the
approved return date should the Product is out of stock or unavailable.
42. RETURN IN
STORE, any Product(s) which is found to be a Defective Product inside the
packaging after collection/delivery, you may return and bring back the
Defective Product to the store within seven (7) days presenting a valid receipt
of the purchase of such Product at the following address:
HERBS ‘N’ FOOD SDN BHD (194352-M)
No. 116 & 118, Jalan SS15/4B, SS15,
Subang Jaya, 47500 Selangor, Malaysia.
Exchange or Refund shall be dealt according to paragraph 41.
43. RETURN BY
MAIL, upon a confirmation for Product exchange, you are required to send back
the Defective Product(s) to us via a reliable courier service company to our
Store at the following address:-
HERBS ‘N’ FOOD SDN BHD (194352-M)
No. 116 & 118, Jalan SS15/4B, SS15,
Subang Jaya, 47500 Selangor, Malaysia.
Exchange or Refund shall be dealt according to paragraph 41.
44. NO REFUND
is allowed, unless the Product ordered or Product to be exchanged is out of
stock or unavailable. HNF will proceed to fulfill the remainder of the Order in
accordance to these Terms and Conditions.
DISCLAIMER OF LIABILITY
45. The
Products and content displayed on this Site is provided without any guarantees,
conditions or warranties as to its accuracy, quality or legality. Unless
expressly stated to the contrary and to the fullest extent permitted by law,
HNF hereby expressly exclude all conditions, warranties and other terms which
might otherwise be implied by statute, common law or the law of equity and
shall not be liable for any damages whatsoever, including but without
limitation to any direct, indirect, special, consequential, punitive or
incidental damages, or damages for loss of use, profits, data or other
intangibles, damage to goodwill or reputation, or the cost of procurement of
substitute goods and services, arising out of or related to the use, inability
to use, performance or failures of this Site and any materials posted thereon,
irrespective of whether such damages were foreseeable or arise in contract,
tort, equity, restitution, by statute, at common law or otherwise.
46. HNF shall
under no circumstances be held liable to the Customer for any indirect,
consequential and punitive damages compensation.
INDEMNITY
47. You agree
to indemnify, defend, hold harmless HNF, its directors, officers, employees,
consultants, agents, and affiliates, from any and all third party claims,
liability, damages and/or costs (including but not limited to, legal fees)
arising from your use of this Site or your breach of the Terms and Conditions.
TERMINATION OF USAGE
48. Notwithstanding
any other provision of this Agreement, HNF may in its discretion change,
discontinue, modify, restrict, suspend or terminate the Website or any part of
it without notice or liability to you or any other person. HNF may in its
discretion and for its convenience at any time immediately terminate,
temporarily or permanently, this Agreement or your permission to access and use
the Website without any notice or liability to you or any other person.
PERSONAL DATA AND PRIVACY POLICY
49. HNF
respects the privacy of individuals with regards to Personal Data. This
Personal Data and Privacy Policy is framed in accordance with the Personal Data
Protection Act 2010 ("Act"). For the purpose of this Personal Data
and Privacy Policy, "Personal Data" shall have the same meaning as
endorsed to it in the Act. By using the Site, you are agreeing to the terms of
this privacy policy. If you do not agree with any term of this policy, please
do not use the Site. HNF may change this Personal Data and Privacy Policy from
time to time and you are advised to check the said policy on a regular basis.
50. HNF does
not sell, share or trade customers’ personal information collected online with
third parties.
51. HNF will
only collect information where it is necessary for us to do so and we will only
collect information if it is relevant to our dealings with you
52. We will
only keep your information for as long as we are either required to by law or
as is relevant for the purposes for which it was collected.
53. When you
register an account with HERBS ‘N’ FOOD in our Site, the personal information
we collect may include your:
Name
Billing Address
Delivery Address
Email
Address
Telephone Number
Mobile
Number
Date
of Birth
Gender
54. The
personal information we collect from you will be used in some or all of the
following ways:
a) To
contact you in regards to your purchases from HNF in the Site;
b) To
provide you with relevant product information;
c) To
process your orders and payment transactions;
d) To
deliver the products you have purchased from HNF;
e) To update
you on the delivery status of the product and for customer support purposes;
f) To
provide you with the services and information offered through our website;
g) To
conduct research/surveys to improve our services; and
h) To
resolve disputes and troubleshoot problems.
55. When you
visit the Site, our system will record your visit and information such as
follows:-
a) IP
address
b) Browser
type
c) The pages
you visited in the Site
d) The time
spent on those pages, items and information searched for on our site, access
times and dates, and other statistics.
This information is collected for analysis and evaluation in
order to help us improve our site and the services and products we provide.
This data will not be used in association with any other personal information.
56. We use
cookies and similar technologies to collect data about your use of the Site.
For your information, Cookies are small computer files that can be stored on
your computer for the purposes of obtaining configuration information and
analysing your browsing habits. They can save you from registering again when
re-visiting a web site and are commonly used to track your preferences in
relation to the subject matter of the website. You may refuse to accept Cookies
by modifying the Internet options.
57. The
debit/credit card and/or banking information provided by you to HNF will be
stored in an utmost confidential manner. HNF may access such information only
when there is an appropriate business reason to do so, such as when a refund
must be issued back to the debit/credit card or bank account. We maintain
physical, electronic and procedural safeguards to protect your information, and
our employees are required to follow these privacy standards.
58. All
reasonable efforts and practical steps are taken to ensure that any Personal
Data held by HNF is kept up-to-date and is protected against any loss, misuse,
modification, unauthorized or accidental access or disclosure, alteration or
destruction.
59. You may at
any time opt out from receiving any marketing materials from us at any time,
any requests in relation to the above shall be in writing (by email) and
addressed to Customer Service at hnfestore@gmail.com.
FORCE MAJEURE
60. In the
event that HNF’s performance is prevented by reason of "force
majeure". HNF shall not be liable for any delay or failure in our
performance caused by or resulting in from acts of God, fire, flood, accident,
riot, war, government intervention, embargoes, strikes, labour difficulties,
equipment failures, or any other causes beyond our control.
MISCELLANEOUS
61. All pictures and
images of the products displayed on this Site constitute an invitation to treat
and are for illustration purposes only. The actual size, dimension, label,
vintage and colour of the products may differ.
62. The descriptions
on this Site, for the products supplied or sold are necessarily subjective but
are intended to give a general description of the products to the best of HNF’s
knowledge. No such description can ever replace the information acquired during
a visit to the physical store.
63. HNF shall not be
liable to the Customer for any ullage or for any deterioration in the condition
of any wine (which may occur naturally to all wines regardless how well cared
for), whether that wine is in reserve storage with HNF or stored separately by
or on behalf of the Customer.
64. The
headings and sub-headings in these Terms and Conditions are inserted merely for
convenience of reference and shall be ignored in the interpretation and
construction of any of the provisions contained herein.
65. If any
provision or any part of any provision of these Terms and Conditions which are
illegal, void prohibited or unenforceable shall be ineffective to the extent of
such illegality, void, prohibition or unenforceability without invalidating the
remaining provisions hereof and any such illegality, void, prohibition or
unenforceability shall not invalidate or render illegal, void or unenforceable
any other provision contained herein.
66. This
Agreement shall be governed by and construed in all respects in accordance with
the laws of the Malaysia.
67. This
Agreement constitutes the entire agreement between the parties.
HERBS ‘N’ FOOD SDN BHD (194352-M)
No. 116 & 118,
Jalan SS15/4B,
SS15, Subang Jaya,
47500 Selangor, Malaysia.
Attention :
Customer Service Executive
Careline :
+603-5633 9709
Email :
hnfestore@gmail.com