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GENERAL TERMS & CONDITIONS

GENERAL TERMS & CONDITIONS OF PURCHASE OF USE

 

  1. Introduction

 

Welcome to Oriental Food Online Platform Website (hereinafter referred to as http://eshop.ofih.com.my/ or “website”). This website is provided and maintained by Oriental Food Marketing (M) Sdn. Bhd. (454712-U) (hereafter referred as “OFM”) as a service to our customers to purchase our products in a convenient way.

 

Please read the Terms & Conditions (hereinafter referred to as “Conditions”) before using this website so you are aware of the obligations which have been established to govern the use of this website (http://eshop.ofih.com.my/) and the purchase of products on it.

 

The Conditions apply to all account holders, visitors and users of this website. OFM reserves the right to modify, add, revise and/or delete any of the Conditions stipulated herein at any time at its absolute discretion without prior notice.

 

We further urge you to read the Conditions, our Cookies Policy and our Privacy Policy (hereinafter, jointly, the “Data Protection Policies”) carefully before using this website. When using this website or placing an order on it, you are bound by these Conditions and our Data Protection Policies. If you don’t agree with the Conditions and with the Data Protection Policies, do not use this website. These Conditions may be modified from time to time. Please check these terms regularly as the current Conditions in force at the time of use and/or purchase on our website shall be binding on you. Any use of the website after such Conditions have been modified shall constitute your consent to such Conditions.

 

  1. Account Eligibility

 

By accepting this Conditions, you have unconditionally confirmed and certified that you are at least 18 years old or above as at 1st January 2020.

 

  1. Registration

 

All details which you have inputted during the registration process or any updating thereof shall be true and accurate. You are to update these information immediately should there be any changes whatsoever as the information that you provide us shall be processed in accordance with the Data Protection Policies. When you use this website, you agree to the processing of these information and personal details and you state that all information and details provided are true and accurate.

 

  1. Password and Security

 

You are to keep your password confidential. You will be responsible for all the activities and transactions which are submitted under your password. Please change the password immediately or notify us by contacting Customer Services (see below for Contact Us), if you suspect that your password has been compromised and/or made known to a 3rd party.

 

We may require you to change the password or we may suspend your account accordingly in the event of a breach of security or misuse of this website.

 

  1. Contract to Purchase the Products

 

The information set out in the Conditions and the details contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any items shall exist between us and you until your order has been accepted by us (whether or payment has been made).

To place an order, you must follow the online purchasing procedure submit the order. After doing so, you will receive an email from us confirming receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to purchase our products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the item has been dispatched (the "Delivery Confirmation").  

 

The contract for the purchase of an item between us (the "Contract") will only be formed when we send you the Delivery Confirmation. The Contract will relate only to those items whose dispatch we have confirmed in the Delivery Confirmation. We will not be obliged to supply any other items which may have been part of your order until the dispatch of those items has been confirmed in a separate Delivery Confirmation

 

These Conditions and the Contract constitute a written agreement between us.

 

  1. Availability of Products

 

All product orders are subject to availability at our warehouse. In the event that there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse any amount that you may have paid.  

 

  1. Product Descriptions, Packaging & Colours 

 

We make an effort that the descriptions and pictures are as accurate as possible. However, we cannot guarantee that the product description and pictures are accurate, complete, reliable, current, and error-free. With this, if a product is not as described, you can return it in its original packaging provided the product is unopened and untampered.

 

  1. Refusal to Process Orders

 

We reserve the right to remove any product from this website at any time and to remove or modify any material or content from the same.

 

We will always try our level best to accommodate all the orders, however in the event of unforeseeable and/or exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation, we reserve the right to do the same at any time.  

We shall not be liable to you or to any third party for removing any product from this website, or for removing or modifying any material or content from the website or not processing an order once we have sent the Order Confirmation.

 

  1. Delivery of Orders

 

Notwithstanding the above regarding product availability and except for extraordinary circumstances, we will endeavor to send the order consisting of the product(s) listed in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method and, in any case within a maximum period of 10 days from the date of the Order Confirmation. Nonetheless, there may be delays for reasons such as the occurrence of unforeseen circumstances or the delivery zone. If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid. Keep in mind in any case that we do not process deliveries on Saturdays, Sundays or during Public Holidays in Malaysia.

 

For the purpose of these Conditions, the "delivery" shall be understood to have taken place or the order "delivered" as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the delivery address indicated by you.

 

  1. Inability to Deliver

 

If it is impossible for us to deliver your order, the items will be returned to our warehouse or the delivery service provider will leave a note explaining where your order is located and what to do to have it delivered again.

 

If after 10 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we shall assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Contract, we will return to you all payments received from you, including delivery charges (except for any additional charges resulting from your choice of any delivery method other than the ordinary delivery method that we offer) without any undue delay, and at any rate, within 14 days of the date on which this Contract has been terminated.  

 

Kindly take note that delivery charges (if any) derived from the termination of the Contract may have an additional cost which we will be entitled to pass on to you.

 

  1. Transmission of Risk and Ownership of the Products

 

The products shall be under your responsibility from the moment of delivery to you (or a third party nominated by you) as outlined in above.You will take ownership of the products when we receive full payment of all amounts due, including delivery charges (if any), or at the moment of delivery (as defined above), whichever is the later.

 

  1. Price and Payment

 

The price of the products will be as stipulated at all times on our the website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the website are correct, error may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.  

 

We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Delivery Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price.  

 

The prices on the website exclude delivery charges. Delivery charges will be added to the total price as indicated in the Shopping Guide.

 

Prices may change at any time, but (other than set out above), the changes shall not affect the orders for which we have sent an Order Confirmation.

 

Once you have selected all products that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You are provided with a detailed description of the purchase process in the Shopping Guide. Also, if you are a registered user, a record of all the orders placed by you is available in "My Account" area.

 

You may use, as payment method, the following:

 

(a) Online Banking;

(b) Paypal; or

(c) Credit Card: Visa, Mastercard and American Express. 

 

To minimise the risk of non-authorised access, your credit card details will be encrypted. Once we have received your order, we will request a pre‐authorisation on your card to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made at the time your order leaves our warehouse.

  

If your payment method is PayPal, the charge will be made when we confirm your order. When you click "Authorise payment", you are confirming that the credit card is yours. Credit cards are subject to verification and authorisation by the card issuing entity. If the entity does notauthorise the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any Contract with you.

 

  1. Exchange/ Return Policy

 

We grant you a period of 7 days from the date of delivery of the products to return the products.

 

Please contact our customer support at ecommerce@ofi.com.my. Our team will investigate the returned product(s).

 

All returns must be shipped to the following address:

 

ORIENTAL FOOD MARKETING (M) SDN BHD

No. 65, Jalan Usaha 7

Ayer Keroh Industrial Estate

75450 Melaka.

 

Delivery charges will not be reimbursed.

 

We shall only accept returns for the following reasons:

 

(a) Defective Product;

(b) Wrong Product Delivered.

 

 

The returned product(s) shall be supported by the following information:

 

Email Subject: Product Replacement Request
Order Number:
Tracking Number:
Courier Service:
Product(s) Name:
Reason(s) for Replacement:

 

All product replacement requests which do not meet the above-mentioned criteria and without the relevant information provided will not be entertained.

 

  1. Waiver of Liabilities

 

Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product.  

 

Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly on this website.

  

All product descriptions, information and materials shown on this website are provided "as is", with no express or implied warranties or conditions of the same, except those legally established.

 

  1. Intellectual Property

 

The content of the website (http://eshop.ofih.com.my) is the sole property of OFM.

 

You shall not reproduce, modify, copy or distribute or use for commercial purposes or otherwise any of the materials or content on the website without obtaining prior written permission OFM.

 

The website is designed, owned and operated by OFM.

 

If you have any queries please contact Customer Services at ecommerce@ofi.com.my.

 

You recognise and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the website belong to us at all times or to those who grant us the licence for their use. You may use said material only to the extent that we or the usage licencers authorise expressly. This does not prevent you from using this website to the extent necessary to copy the information on your order or contact details.

 

  1. Viruses, Piracy and Other Computer Attacks

 

You must not make undue use of this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other software or technologically damaging or harmful material. You shall not attempt to make unauthorised access to this website, the server on which the site is hosted or any server, computer or database related to our website. You undertake not to attack this website through any attack of denial of service or an attack of distributed denial of service. Failure to comply with this Clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will co‐operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this Clause, authorisation to use this website shall be suspended immediately. We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects you.

 

  1. Links to External Website

 

On occasion, links may be established from OFM’s website to one or more external web sites or resources operated by unrelated external website (the "external web site"). These links are provided for your convenience only. In addition, certain external web sites may also provide links to OFM’s website.

 

These links should not necessarily be deemed to imply that OFM endorses the external web site or any content therein. OFM does not control and is not responsible or liable for any external web sites or any content, advertising, products, or other materials on or available from such external web sites.

 

Access to any Third Party Site is at your own risk and OFM will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such external web site.

 

  1. Written Communication

 

Applicable regulations may require that some of the information or notifications that we send to you be in written form. By using this website, you agree that most of the communication with us will be electronic. We will contact you by email or we will provide you information by posting alerts on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing.

 

  1. Notifications

 

The notifications that you send us must be sent preferably through the mode specified on this website. Unless otherwise stipulated, we may send you notifications either by email or to the postal address you provided us when placing an order.

 

It is understood that notifications will be received and acted upon as soon as they are posted on our website, 24 hours after they have been sent by email.

 

As proof that the notification has been sent it shall be sufficient to prove that the notification was sent to the email address specified by the recipient.

 

20 Transfer of Rights and Obligations

 

The Contract is binding for both Parties, as well as for our respective successors, transferees and heirs. You may not transmit, cede, levy or in any other way transfer a Contract or any of the rights or obligations derived from the same, without having obtained our written consent in advance. We may transmit, cede, levy, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from the same, at any time during the life of the Contract.

 

  1. “Force Majeure” or Events Beyond Our Control

 

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control ("Force Majeure").

  

Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

 

  1. Strike, lockout or other forms of protest.  
  2. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.  
  • Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.  
  1. Inability to use trains, ships, aircraft, motorised transport or other means of transport, public or private.  
  2. Inability to use public or private telecommunication systems.  
  3. Acts, decrees, legislation, regulations or restrictions of any government or public authority.  
  • Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.  

 

It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.  

 

  1. Delivery, Taxation & Custom Charges on International Orders

 

International delivery times may vary. Please allow up to 10 business days for your parcel to reach you.

 

All international shipping is calculated based on your location and will vary and be aware that International orders may incur customs or import duty fees when your order arrives.

 

Please contact your local customs office for further information.

 

  1. Entire Contract

 

These Conditions and any document referenced in the same constitute the Entire Contract between the Parties as regards the purpose of the same, replacing any previous pact, agreement or promise made between the Parties verbally or in writing.  

 

The Parties acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other Party or that could have been inferred from any statement or document in the negotiations entered into by the two Parties prior to said Contract, except those expressly mentioned in these Conditions.

 

Neither Party shall take any action regarding any untrue statement made by the other Party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently). The only action that may be taken by the other Party shall be due to breach of contract in accordance with the provisions of these Conditions.

 

  1. Applicable Legislation and Jurisdiction

 

The use of our website and the product purchase contracts through said website shall be governed by the Malaysian laws. Any controversy that arises or is related to the use of the website or said contracts shall be subject to the non‐exclusive jurisdiction of the Malaysian courts.