Terms & Conditions
Welcome to the Pureherbs.com.my website (the “Site”). These terms and conditions (“Terms and Conditions”) apply to the Site, Pureherbs Food Industries Sdn Bhd (1133270-P), and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. “PUREHERBS” means Pureherbs Food Industries Sdn Bhd, a company incorporated in Malaysia under registration number 1133270-P and having its registered address at 1-04, First Floor De’Rendezvous, Jalan Perda Selatan, Bandar Perda, 14000 Bukit Mertajam, Penang, Malaysia.
By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
USE OF THE SITE
We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features; you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
ORDER ACCEPTANCE AND PRICING
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
GST will be implemented in Malaysia with effect from 1 April 2015 at the rate of 6%. It will replace the existing sales tax and service tax. However, prices of Items and services provided by Pureherbs Food Industries Sdn Bhd. are not include GST, will include GST where applicable.
TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices, in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
- Orders and Specifications
1.1 Order acceptance and completion of the contract between the Buyer and PUREHERBS will only be completed upon PUREHERBS issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, PUREHERBS shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. PUREHERBS shall furthermore be entitled to require the Buyer to furnish PUREHERBS with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
1.2 No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of PUREHERBS and on terms that the Buyer shall indemnify PUREHERBS in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by PUREHERBS as a result of the modification or cancellation, as the case may be.
The price of the Goods and/or Services shall be the price stated in PUREHERBS’s website at the time which the Buyer makes its offer purchase to PUREHERBS. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar tax which the Buyer shall be liable to pay to PUREHERBS in addition to the price.
- Terms of Payment
3.1 The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in PUREHERBS’s website. The terms and conditions applicable to each type of payment, as contained in PUREHERBS’s website, shall be applicable to the Contract.
3.2 In addition to any additional terms contained in Pureherbs’s website, the following terms shall also apply to the following types of payment:
3.2.1 Credit Card
Credit Card payment option is available for all Buyers. PUREHERBS accepts all Visa and MasterCards, both Credit and Debit, and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. All your credit card information are protected by means of industry- leading encryption standards.
Please take note that additional charges may be incurred if you are using a non-Malaysian issues card due to Foreign Exchange.
3.2.2 Debit Cards
PUREHERBS accepts all Malaysian Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected by means of industry-leading encryption standards.
3.2.3 Online Banking
- By choosing this payment method, the Buyer shall transfer the payment for the Goods to a PUREHERBS’s account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. PUREHERBS, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
- For the time being, PUREHERBS accepts online bank transfers from AmBank, Bank Islam, CIMB Bank, Hong Leong, Maybank, Public Bank, RHB.
4.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.
4.2 PUREHERBS has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.
4.3 Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and PUREHERBS shall not be liable for any delay in delivery or performance howsoever caused.
4.4 If PUREHERBS has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall be entitled, by serving written notice on PUREHERBS, to demand performance within a specified time thereafter, which shall be at least 14 days. If PUREHERS fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract in respect of the undelivered Goods and claim compensation for actual loss and expense sustained as a result of PUREHERBS’s non-performance, which was foreseeable at the time of conclusion of the Contract and resulting from the usual course of events, subject always to the limitations set out in Condition 12.4.
4.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of PUREHERS’s fault) then without prejudice to any other right or remedy available to PUREHERBS may:
4.6.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
4.6.2 Terminate the Contract and claim damages.
- Risk and property of the Goods
5.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when PUREHERBS has tendered delivery of the Goods.
5.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until PUREHERBS has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by PUREHERBS to the Buyer for which payment is then due.
5.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as PUREHERBS’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
5.4 The Buyer agrees with PUREHERBS that the Buyer shall immediately notify PUREHERBS of any matter from time to time affecting PUREHERBS’s title to the Goods and the Buyer shall provide PUREHERBS with any in-formation relating to the Goods as PUREHERBS may require from time to time.
5.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) PUREHERBS shall be entitled at any time to demand the Buyer to deliver up the Goods to PUREHERBS and in the event of non-compliance PUREHERBS reserves it’s right to take legal action against the Buyer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
5.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of PUREHERBS but if the Buyer does so all moneys owing by the Buyer to PUREHERBS shall (without prejudice to any other right or remedy of PUREHERBS) forthwith become due and payable.
5.7 If the provisions in this Condition 7 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
5.8 The Buyer shall indemnify PUREHERBS against all loss damages costs expenses and legal fees in-curred by the Buyer in connection with the assertion and enforcement of PUREHERBS’s rights under this condition.
- Force Majeure
6.1 PUREHERBS shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of PUREHERBS ‘s obligations if the delay or failure was due to any cause beyond PUREHERBS ‘s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond PUREHERBS’s reasonable control:
6.1.1 Act of God, explosion, flood, tempest, fire or accident;
6.1.2 War or threat of war, sabotage, insurrection, civil disturbance or requisition;
6.1.3 Acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
6.1.4 Import or export regulations or embargoes;
6.1.5 Interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of PUREHERBS or of a third party);
6.1.6 Interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
6.1.7 Power failure or breakdown in machinery.
6.2 Upon the happening of any one of the events set out in Condition 9.1 PUREHERBS may at its option:-
6.2.1 Fully or partially suspend delivery/performance while such event or circumstances continues;
6.2.2 Terminate any Contract so affected with immediate effect by written notice to the Buyer and PUREHERBS shall not be liable for any loss or damage suffered by the Buyer as a result thereof.
7.1 On or at any time after the occurrence of any of the events in condition 13.2 PUREHERBS may stop any Goods in transit, suspend further deliveries to the Buyer and exercise its rights under Condition 7 and/or terminate the Contract with the Buyer with immediate effect by written notice to the Buyer.
7.2 The events are:-
7.2.1 The Buyer being in breach of an obligation under the Contract;
7.2.2 The Buyer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Buyer’s winding up or dissolution;
7.2.3 The making of an administration order in relation to the Buyer or the appointment of a receiver over or an encumbrance taking possession of or selling any of the Buyer’s assets;
7.4. The Buyer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
8.1 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
8.2 No waiver by PUREHERBS of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
8.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
8.4 No person who is not a party to this Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right under the Contracts (Rights of Third Parties) Act to enforce any terms of this Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Condition 3.2.
8.5 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause 14.7.
8.6 Except as provided for in Clause 14.7, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration (KLR-CA). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the KLRCA. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.
8.7 Notwithstanding Clause 14.6, PUREHERBS shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information by means of injunctive or other equitable relief.
8.8 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any Contract for the sale of Goods.
8.9 PUREHERBS reserves their right to these terms and conditions of sale at any time.