Terms & Conditions
As a valued customer of Winshop.com.my, we would like you to be familiar with our terms & conditions, to ensure that your purchase experience is a satisfying one.
About Wineshop.com.my
1. Your purchase of goods from www.wineshop.com.my (“website”) is subject to these Terms and Conditions, the Terms of Use, the Returns Policy, the Cookies and Privacy Statement[1] and any Catalogue Terms (collectively referred to herein as “Terms”). If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.
2. www.wineshop.com.my is a website operated by Nam Lee Cheong Sdn Bhd. (“us”, “our”, “we”, “Wineshop.com.my”). We are a Sdn Bhd company registered in Malaysia and have our registered office at 44-1, Jalan Sultan Ismail 50250 Kuala Lumpur, Malaysia.
3. You and Wineshop.com.my may enter into a sale contract for the sale and supply of goods or services described in this website, by you making an offer to Wineshop.com.my via the website, to purchase the goods and services at the specified price, subject to these Terms.
a) “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website
b) reference to a “third party” in these Terms includes a reference to any agent or contractor of Wineshop.com.my, or of any of its related entities, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website, and includes any of them
c) a reference to the "website" means www.wineshop.com.my.
d) "Order" means an offer made by you in response to an invitation to treat made by Wineshop.com.my via the website.
5. We reserve the right to revise these Terms & Conditions from time to time at our discretion. Such revisions will be effective immediately upon publication on this website. We recommend you review the terms for amendments each time you use the website and before placing any Order. By continuing to use this website after such publication, you agree to be bound by these Terms & Conditions as revised. Any changes to these Terms & Conditions will apply to any Order you place from the effective date of the change. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or a third party. You should therefore periodically visit this page to determine the current Terms & Conditions.
User Agreement
1. By accessing and/or using the website, you accept these Terms and agree to be bound by them, and an agreement is formed between us and you.
2. These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following any amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the Terms for amendments each time you use the website and before placing any Order. Whilst we are under no obligation to do so, should we choose to provide you with notice of amended Terms, you agree to receive email notification of the amendments from us or our third party.
Guests and Registered User
1. You may access and/or use the website as a guest or as a member.
2. To become a member of the website, you must provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details, we may not be able to activate your membership or supply goods or services to you. You agree to keep your membership details current at all times by accessing your account via the website.
3. You will receive an email from us as soon as practicable after you create your membership account.
4. We only permit one registration per email address.
5. You must not use another member’s account without permission.
6. You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
7. If you forget your password you may click on the relevant link located on the website and we will email you a new password.
8. We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these Terms.
Legal Capacity
1. You must be 21 years of age or over to register as a member of the website or purchase goods or services from the website.
2. Any Order and/or purchase made by you using this website is an acknowledgement by you that:
a) You are over the age of 21 years and is a non-Muslim.
b) You accept these Terms
c) You agree that you have entered into a legal contract with Wineshop.com.my in relation to these Terms
d) these Terms, together with your Order, constitute the entire agreement between you and Wineshop.com.my for the supply of goods or services
e) .
3. Wineshop.com.my reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an Order to be placed, for any loss or damage of any kind Wineshop.com.my may suffer as a result of a transaction entered into by a minor.
Orders
1. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
2. Once an Order has been accepted by Wineshop.com.my, no cancellation of that Order is valid unless you receive our written communication permitting the cancelled Order.
3. Representations of goods or services for sale made by Wineshop.com.my via the website do not constitute an offer to sell but an invitation to treat.
4. You and Wineshop.com.my may enter into a contract for the sale and supply of goods or services by you making an offer via the website to purchase goods at the price advertised on the website by:
a) Placing an electronic Order for the goods or services using the website.
b) You confirm the Order details in accordance with the procedure on the website.
c) You making payment in full (plus any applicable delivery and handling charges) when receiving your parcel.
d) You making payment in full (plus any applicable delivery and handling charges) on the website.
e) The acceptance of that offer by Wineshop.com.my
5. When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the good(s) or services only when:
a) Any and all requirements set out in these Terms have been met.
b) The electronic instruction containing the offer from you enters and is recorded in our database.
c) A record is created and stored in our database.
d) Wineshop.com.my receives in its account full payment from you for the goods or services (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
You Acknowledge That:
1. The transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Wineshop.com.my for reasons beyond parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications failure, or the omission or failure of third party website providers or systems.
2. To the fullest extent permitted by law, Wineshop.com.my is not liable to you in any way for any loss or damage of any kind, however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason.
3. Wineshop.com.my may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you.
4. Wineshop.com.my may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
Price
1. Prices shown are in Malaysian Ringgit and include SST. Prices may not include delivery and handling charges. Prices are valid until amended or removed from the website and are subject to change at any time.
2. Each published saving in respect of goods or services is by reference to the lower of the recommended retail price.
3. Images of goods shown without any advertised price beside that image are not offered for sale.
4. Unless otherwise stated, accessories shown in any image of goods are not included in the price.
5. We reserve the right to correct any errors published on the website at any time.
Credit Card Payment
1. All payments must be made in full prior to delivery, including any applicable delivery or handling charges.
2. Your credit card will be charged for your order on the day your order is taken.
Our payment platform will charge your credit card for an amount equal to 100% of the total items in your order. Wineshop.com.my will not process orders that use an incorrect, expired, overdrawn or fraudulent credit card. We will make our best efforts to contact you if this occurs.
3. However, in the event such an order is processed, Wineshop.com.my reserves the right to collect funds for any uncollected transactions owed to it.
4. If you fail to pay any fees or charges when due (which would include if a cheque is returned or electronic payment is rejected), Wineshop.com.my reserves the right to cancel the order.
5. In case of suspected use of fraudulent credit cards (with information given by the bank or by our own staff), Wineshop.com.my reserve the right to hold the delivery until the bank confirms the legitimacy of the payment.
6. You shall be responsible and liable for any fees (including attorneys' fees and collection costs) that Wineshop.com.my may incur in its efforts to collect any unpaid balances from you.
7. Your right to use the Wineshop.com.my Service is subject to limits established by Wineshop.com.my and/or by your credit card issuer.
Supply and Delivery
1. Subject to you complying with these Terms and acceptance of your Order by Wineshop.com.my.Wineshop.com.my will sell and supply the goods or services to you as shown on your Order confirmation.
2. If the goods that you have ordered are in stock Wineshop.com.my will endeavour to dispatch orders within two (2) to three (3) business days (Monday to Friday).
3. Goods may not be available for immediate delivery. Wineshop.com.my will deliver your Order to you within two (2) to three (3) business days (Monday to Friday) from the date you place your Order.
4. When you complete your Order you will be prompted to select to have the Order delivered to an address specified by you
5. If Wineshop.com.my gives you notice that it will be unable to deliver your Order within one (1) to five (5) business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and Wineshop.com.my will arrange for a full refund of any payment made by you to be processed.
6. Delivery dates are estimates only and we are unable to accept any liability for failure to deliver the goods within the specified time resulting from shipment/delivery delays from our suppliers.
7. If there is no one available to accept delivery on the pre-arranged delivery date, you will be charged for storage, transport and re-delivery costs
Should you arrange your own delivery or collection then the goods become your responsibility upon collection from Wineshop.com.my
8. We cannot accept responsibility for delivery failures or delays by our third party delivery contractor.
Delivery
1. The terms of this clause apply where you select to have your goods delivered to a specified address.
2. The delivery address must be an address within Peninsular Malaysia and cannot be a freight forwarding location. Deliveries cannot be made to Sabah & Sarawak.
3. On acceptance of your Order by Wineshop.com.my, your Order will be dispatched to your specified delivery address generally within dispatch orders within two (2) to three (3) business days (Monday to Friday), subjected to the other provisions of these Terms.
4. If you Order large or bulky items, Wineshop.com.my will contact you by telephone or email to arrange with you a suitable time for delivery.
5. You will be required to be available in person to accept delivery of your Order.
6. If you wish to change the delivery date or delivery address you must contact us at least 48 hours prior to the dispatch of your Order.
7. Wineshop.com.my will use its reasonable endeavours to deliver your Order within any stated timeframes for dispatch; however Wineshop.com.my does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
8. You must advise at the time you place your Order via the website or later when you discuss delivery with Wineshop.com.my, of any difficulties that may be involved in the delivery (such as stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.
9. Wineshop.com.my cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
10. You are required to inspect your goods when you take delivery of them. You will be required to note any damage on the delivery documentation which is presented to you by the carrier for signature. In all other cases you will be required to notify us in writing of any damage on delivery or shortages within two (2) days of delivery. We will not be liable for any damage on delivery to any of the goods unless we are notified within the time period specified above.
Title and Risk In Goods
Payment and Credit Card Fraud
Disclaimer and Indemnity
a) Errors, mistakes or inaccuracies on the website.
b) You acting, or failing to act, on any information contained on or referred to on the website and/or any linked website.
c) Personal injury or property damage of any kind resulting from your access or use of the website.
d) Any unauthorised access to or use of the websites secure servers.
e) Any interruption or cessation of transmission to or from the website.
f) Any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party.
g) The quality or fitness for any purpose of any linked sites.
2. Without limitation to the foregoing, except as expressly provided in these Terms and to the fullest extent allowed by the law, Wineshop.com.my and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website or any goods or services purchased on it.
3. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the goods or services on the website. Any representation, condition or warranty which might be incorporated into these Terms by statute, common law, the law of equity or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that any goods or services are suitable for your purposes.
4. You will at all times indemnify, and keep indemnified, Wineshop.com.my, and each of its related entities, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or any breach of these Terms.
Order Enquiries
Damaged or Faulty Goods
Your Right to Cancel Your Order (Right of Withdrawal)
Force Majeure
Governing Law
Severability
Transfer and Assignment
Waiver
