Terms and Condition
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE ONLINE SERVICES OF THIS WEBSITE. BY USING THE ONLINE SERVICE, YOU AGREE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THEM.
- In these Terms and Conditions the following expressions shall have the following meanings:
- “Customer” or “Customers” or “you” or “your” shall mean you and all other persons who places an Order to purchase the Products on this website under your Login.
- “HGA” or “we” or “us” or “our” shall mean HG Asia Venture PLT who is the seller of the Products by HGA Online.
- “HGA Online” shall mean the medium by which Products are offered for sale by HGA to the Customer through this Internet website owned by HGA .
- “Intellectual Property” shall mean inventions, literary and artistic works, and symbols, names, images, and designs for which intellectual property rights are recognized, including (without limitation) patents, designs, present and future trademark or copyright, trade name, trade dress, trade secrets, and service marks and other property rights (whether or not registered or registrable by any means), and the right to file an application for registration and protection of any of the foregoing.
- “Login” shall mean a Customer’s access name to HGA Online under that Customer’s registration.
- “Order” or “Orders” shall mean the order(s) submitted by you to purchase the Product from HGA Online under your Login.
- “Product” or “Products” shall mean any and all the products offered for sale by HGA Online.
- “Terms and Conditions” shall mean the terms and conditions contained herein including any modifications and amendments or additions thereto from time to time.
- All the Products sold by HGA through this site are sold subject to these Terms and Conditions. By submitting your Order for processing by HGA Online, you confirm and affirm that you have read, understood and agree to the Terms and Conditions in the form in which they appear at the time your Order is submitted for processing.
- The Customer shall agree to complete the registration process according to HGA’s requirements as stated on this site. The Customer shall provide HGA 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), HGA 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.
- Registration is open to residents in Malaysia aged 18 and above. HGA 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.
- The Customer shall be liable for every Order made under his/her Login and agrees to indemnify HGA 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 HGA in the event of any unauthorized use of the Customer’s Login.
- The Customer may place his Order via HGA website at: https://hgmart.asia After placement of Order, the Customer will receive an email acknowledging receipt of Order. For clarification, such acknowledgement of receipt of Order does not constitute confirmation of acceptance of Order and it does not guarantee stock 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. We shall not be obliged to supply the Product to you until we have accepted your Order by sending you a subsequent email confirming our acceptance of your Order.
- HGA shall make every effort to fulfill Orders placed by Customers through the HGA Online, but HGA shall not be liable to any person if HGA shall decline to accept all or part of an Order for whatsoever reason, including but not limited to an unforeseen change to the Products (as the case may be), or because the Products may be unavailable. If applicable, HGA will proceed to fulfill the remainder of the Order in accordance to these Terms and Conditions.
- All pictures and images of the Products displayed on this site are for illustration purposes in order to help the Customer to recognize the Products only. The actual size, dimension and colour of the Products may differ and these may not reflect exactly on the pack you receive due to packaging redesign and improvements.
- Unless otherwise stated, all prices quoted are in Malaysia Ringgit. Where applicable, you shall be charged according to the prices stated in this site and such other miscellaneous charges such as delivery charges, administrative charges and service charges, inclusive of sales and service tax (SST).
- HGA shall make every effort to ensure that the prices, details and sizes of Products detailed by the HGA Online are correct at the time when the information was inputted onto the system but HGA reserves the right to vary the price and other details, descriptions or specifications of the Products without notice.
- The prices advertised by the HGA Online are for home delivery shopping only. Prices for some Products may differ from those charged at HGA shops. The price of certain Products is subject to change without prior notice based on market price fluctuation and promotions.
- Not all Products sizes will correspond exactly to the description offered by HGA Online. HGA reserves the right to provide the nearest size of Product at the nearest price subject to the availability of Products.
- Discrepancies between the on-line bill/Order price and the final bill may be due to out-of-stock products, substitutions, special offers and daily price changes. HGA reserves the right to adjust the final bill after the on-line bill/Order price is presented or conveyed to the Customer and such adjustments shall be marked on the final bill presented to the Customer at the time of delivery.
- In the event of different special offers or promotions being made available to the Customer simultaneously for the same Product, the Customer may select one such offer or promotion per Product but shall not be entitled to a combination of all such offers or promotions per Product.
- HGA may from time to time set credit limits for individual Customers and HGA reserves the right to limit sales and quantities of Products including the right to prohibit sales to re-sellers and to revise, suspend or discontinue a Product, sale or promotion at any time without prior notice to the Customer.
- Payment for Products ordered through HGA Online can be made by a valid VISA or MasterCard only. HGA shall not be liable for any credit card fraud.
- All payment in respect of an Order must be cleared before delivery of the Products. If the payment cannot be processed, the said Order will be rejected and the Customer is advised to contact its card issuer to resolve any problem concerning the use of its credit card in order to continue with the Order.
- HGA may change at any time the method by which payments for HGA Online Orders may be effected and such changes may be notified to the Customer by e-mail or by placing a notice to this effect on the HGA Online Internet site.
- If payment to an Order has already been made but the Order is rejected by HGA or cancelled by the Customer before HGA accepting the Order, you will be entitled for your refund but the receipt of the refund will depend on the period of time your financial institution takes to finalise the refund. HGA 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.
- HGA shall use reasonable endeavors to deliver Products of acceptable quality to the delivery address specified and keyed in by the Customer but HGA cannot guarantee any firm delivery time and HGA shall not be liable for any delay in its delivery services, if the delay has been due to causes beyond the control of HGA.
- Your Order will be delivered to you via the service of a courier service company of our choice. At this juncture, delivery service is extended to Malaysia only. Please allow five (5) working days for Peninsular Malaysia and eight (8) working days for East Malaysia including Labuan for processing from date of HGA’s confirmation of acceptance of an Order within the aforesaid areas unless otherwise notified by HGA. Please note that we will not accept 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. If delivery to some locations is not possible, we may contact you to arrange for delivery to an alternative address.
- No delivery services shall be available on Sunday & public holidays.
- The Customer is to notify HGA immediately of a change to his delivery address and contact number.
- Where Customer is not available to receive the delivery, a notification card will be left at the delivery address. An attempt will be made to contact the Customer for a second delivery. If Customer is still not reachable at second attempt, a notification card will be left for the Customer to collect the parcel from the nearest GDEX branch. If delivery is delayed due to the Customer’s undue delay or unreasonable refusal to accept delivery or if the Customer fails or refuses to collect the Products within seven (7) days from the date of second notification, the Order will be deemed void and has no further effect but the Customer shall bear all the relevant cost incurred by HGA (including but not limited to the delivery cost and administrative charges).
- If the Customer is not personally available to accept delivery, a representative may accept delivery on behalf of the Customer provided always that the said representative must be over 18 years of age and capable of receiving the delivery. The Customer or its representative may be required to produce proof of identity on delivery or collection of Products and all deliveries shall be signed off by the Customer or its representative on the delivery invoices.
- HGA reserves the right to withhold delivery of the Products to the Customer if it has any doubts whatsoever as to the Customer’s credit worthiness or insufficient identification.
CANCELLATION OF ORDER
- The Customer may cancel the Order up to the point in time before HGA has confirmed its acceptance of the Order and the Customer will not incur any cost in doing so. If the Customer wishes to vary its Order, the Customer is required to first cancel the said Order and to replace it with a new Order thereafter. Such cancellation and/or variation of Order is only allowed if the same is performed and notified to HGA within 24 hours from the initial Order is made by the Customer.
- Subject to the Customer’s consent, HGA may substitute a Product for another similar Product if the initial Product ordered by the Customer is unavailable.
- If there is no prior consent from the Customer for a substitution, no substitution shall be made.
OUT OF STOCK POLICY
Please keep in mind when you make purchase through hgmart.asia, our stock fluctuates throughout the day. If we are out of stock, we will make every effort to get ship your order either fully or partially as soon as possible. The lead-time could be as long as 2 weeks. In the event that we are not able to secure the stock, we will process refund based on the amount you have paid.
- All risk in the Products shall pass to the Customer upon delivery to the Customer’s delivery address but HGA shall retain title in the Products until such time as payment for the Products has been effected.
- To the extent permitted by law, all warranties, descriptions, representations or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of the Products supplied, are expressly excluded.
- No agent or representative of HGA is authorized to make any warranties, representations or statements regarding the Products and HGA shall not in any way be bound by any such unauthorized warranties, representations or statements.
- The liability of HGA whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Products or any other breach of HGA’s obligations here under shall not in any event exceed an amount equivalent to the price of the Products.
- Subject to any rights the Customer may have under any consumer protection law and to the fullest extent permitted by law, Guardian, its parent, subsidiaries, affiliates or successors or their respective officers, directors, employees, agents, representatives, contractors or vendors shall not be liable to the Customer or any other person for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Guardian, its parent, subsidiaries, affiliates or successors or their respective officers, directors, employees, agents, representatives, contractors or vendors be liable for any damage or loss caused by the Customer’s servants, agents, buyers or other persons whatsoever.
- The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that HGA assumes no obligation or liability for any advice or information given with the Products and HGA shall not be responsible for any inaccuracy or misstatement of any such information. The Products shall be accepted by the Customer entirely at the Customer’s risk.
- All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to HGA Online in this website and all text, graphics, photographs, forms, diagrams and other materials published on it shall at all times remain the property of HGA. You may not copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, modify, alter or display in public or distribute in any way the contents or any part of this site for any purpose without HGA’s prior written permission.
- HGA and other parties own the trade marks, logos and service marks displayed on this site/catalogue and/or in connection with the Products and the Customers and on-line visitors are prohibited from using the same without the written permission of HGA or such other parties. No right or license is given to any party accessing this site to use or reproduce in any manner any such marks or logos and HGA will not hesitate to enforce its right against such party.
- If the performance by HGA of its obligations under the HGA Online is prevented by reason of “force majeure” (which shall include prevention occasioned by epidemic, fire, explosion, casualty, accident, storm, flood, drought, weather conditions, earthquake, act of God or other natural disaster or any law, order, proclamation, regulation, demand or requirement of the government of Malaysia or of any of its government agencies, insurrection, riot, civil commotion, war, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, mechanical breakdown, delay in transit, failure or problems with public utility supplies including electrical, telecommunication or Internet failure or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of HGA), HGA shall be excused from such performance to the extent of such prevention.
VARIATION OF TERMS AND CONDITIONS
- HGA reserves the right to amend these Terms and Conditions from time to time or at any time in its sole discretion. HGA may, but does not undertake, to notify the Customer of such changes. It is the Customer’s responsibility to review the Terms and Conditions prior to submitting any Order and HGA shall have no responsibility to notify the Customer of any changes to the Terms and Conditions prior to the coming into effect of such changes or otherwise.
- The HGA Online internet site may contain links to other sites and pages which are not maintained or controlled by HGA and for which HGA is not responsible. When you activate any of these links or pages you leave this site and access to such site or page is at the Customer’s own risk for which HGA disclaims all responsibility and liability.
- HGA disclaims all liability to information or materials posted by advertisers or sponsors on this site.
- All reasonable efforts are made to ensure that the information provided on this site is correct and up-to-date. However, the information may contain any errors, mistakes, omission or inaccuracies and HGA reserves the right to correct any errors, mistakes, omission or inaccuracies. To the extent permitted by law, HGA disclaims all implied and/or express warranties and makes no representation as to the accuracy or completeness of any information on the site and HGA takes no responsibility and assumes no liability for the content of the site or anything posted on or linked to it.
- Neither the materials nor any information contained on this site constitute a solicitation. Such materials and information are provided for information purposes only and may be modified, deleted or replaced from time to time and at any time at HGA’s sole and absolute discretion.
- HGA had established an information security policy for the prevention and detection of unauthorized access or misuse of information with the following methods:
- Firewalls facility.
- Customers’ information and private transaction data are protected using 128-bit Secure Socket Layer (SSL) encryption. SSL encryption is an Internet security protocol used by Internet browsers to transmit sensitive information.
- We test our systems periodically to ensure there are no possible breaches of our security and that our Customers’ security and confidential policy information is not compromised in any way.
- By accessing and using this HGA Online internet site, the Customer acknowledges and accepts that the use of the site is at the Customer’s own risk. Subject to any rights the Customer may have under any consumer protection law and to the fullest extent permitted by law, HGA shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for lost profits or for loss of revenue arising out of any use of, access to, or inability to use the site. Without limiting the foregoing:
THIS SITE AND ALL INFORMATION AND MATERIALS CONTAINED IN IT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE , PRIVACY OR NON-INFRINGEMENT. HGA HAS NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE SITE. HGA ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE SITE/CATALOGUE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE SITE/CATALOGUE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE SITE.
- 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.
- No failure on the part of HGA to exercise, and no delay on HGA’s part in exercising, any right or remedy under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude HGA for further exercise thereof or the exercise of any other right or remedy.
- 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, voidness, prohibition or unenforceability without invalidating the remaining provisions hereof and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void or unenforceable any other provision contained herein.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and the Customer and HGA hereby agree to submit to the jurisdiction of the Court of Malaysia.
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