Gardenman’s (the 'Seller') website (the 'Service') is operated on EasyStore platform (the 'Platform').
Customer or visitor (the ‘User’) who access to and use the Service is deemed accepting of and complying with these Terms and the Terms of the Platform.
When the customer makes selection, then proceed to the payment with a successful transaction (single transaction), an order is created (the ‘Order’), the value of the transaction is Order value.
Food and beverage sold here are perishable (the Goods)
Order:
Order must be placed min 18hrs during working weekdays prior to planned delivery date and time.
When the User uses the Service to purchase the Goods with a successful payment (the Order), the Seller remains full rights to proceed or to decline the Order at its sole discretion. A notification will be sent by Seller to User email, mobile text message such as whatsapp or other mobile app account, or via phone/mobile app calls. Once the notification is sent or done, it is deemed acknowledged and accepted by the User.
In any of the cases (i), (ii), (iii) and (iv) below, the contract / trade is deemed completed and the Seller and User shall have no obligation towards each other and shall not have any further action or claim against each other, except those in relation to the use of the Service and Platform non-related to Order.
in the case of Order declination, payment is done and refund in complete
When the Order is processed, the Goods is delivered, the Order is deemed complete.
Accepted cancellation in Sect 4, payment is done and refund is complete
In the event of Sect 3.1 and 3.2
Price and Payment:
All prices are in Malaysian Ringgit.
All prices are valid within one calendar week. Advanced order for longer than one week shall be agreed by the Seller.
Seller uses Bank Negara approves Payment Gateway(s) integrated by the Platform. Please consult your payment service providers such as Credit Card / Debit Card providers, Banks, E-Wallet if there is an issue related to payment, for example : double payment, transaction failure etc. the Seller will assist with Payment Gateway transaction check.
Delivery and Pickup:
Pickup at fixed location designated collection point within a defined collection time
Delivery to selected nearby areas preset on the Platform.
User must make himself/herself available to pickup or receive the goods at designation pickup point or accessible valid address provided for delivery at stated collection time.
3.1 Pickup option :
Late collection is treated as ‘no-show’. Due to the highly perishable nature of the goods, it will be discarded in the event of ‘no-show’.
3.2 Delivery option :
When customer does not make himself/herself available to receive the goods, rider will leave the goods at a visible spot permitted by the estate/building management whenever applicable, or discard directly in the event that it is disallowed by estate/building management.
Please be reminded that the foods are highly perishable.
In the event of section 3.1 and 3.2, Seller is deemed accomplished its obligation of the Order. No refund, replacement or claim in any kind is permitted.
The Seller uses 3rd party delivery service, that may include Lalamove, Mr Speedy, Grab, private riders and etc for both pickup at fixed location (except the restaurant outlet) and delivery.
Terms from delivery service provider shall be observed and complied with as they are outside of the Seller’s management and control. The seller helps facilitate delivery arrangement, however the delivery process and related conditions such as traffic, driver availability, weather and etc are outside of Seller’s control. All matters during the transit or in relation to delivery service shall refer to or consult the delivery service provider.
All rules related to delivery and pickup set by estate/building management at the goods receiving end shall be followed, including collection point, time restriction, access etc.
Product Quality, Replacement, Refund, Warranty and Cancellation:
The goods is perishable food and beverage. User are advised to consume the Goods as soon as possible upon receipt. The quality deteriorates quickly over time resulting from but not limited to its own nature, exposure, storage condition, handling and etc after preparation. The Seller will do its best to upkeep the quality of the Goods before it leaves Seller’s premise. Due to the Goods highly perishable nature, 3rd party delivery and conditions outside of the Seller control during transit/delivery, the Goods sold are NOT refundable, replaceable, or returnable and there is NO warranty provision.
Cancellation must be done minimum 1 full working day prior to planned delivery and shall be informed to and agreed by the Seller.
Only accepted cancellation and Order declined by the Seller will be refunded, it is processed via bank transfer. Please refer to refund policy.
Deferment of delivery is possible and must be informed to the Seller minimum 1 full working day prior to planned delivery.
The Platform does not have feature to amend Order, no amendment of Order is permitted.
Photo, Description and Illustration :
All illustrations and descriptions are for guidance and reference purpose. The Seller remains full rights to change the recipe, serving portion, content and substitution.
Allergens and Special Dietary Restriction:
The Goods contain allergens such as but not limited to seafood, nuts, gluten, dairy and etc. It is the User responsibility to understand his/her own or the consumer (who will be consuming the goods) dietary restriction or health condition prior to any purchase or consumption.
Accounts, Data Protection and Privacy Policy:
The information provided in the account should be accurate, complete and current at all time, for seller to fulfil its Service, such as but not limited to valid and accessible contact details, addresses etc, failure may result to service interruption and service failure which is not claimable, refundable or replaceable.
The User must safeguard his/her password and personal information. As the website is operating on the Platform provide infrastructure and Payment gateway company, their privacy and data protection policies shall be followed and complied with, that the Seller shall be fully indemnified and kept harmless from any claims, actions, cost and loses of the related matter. Please refer to Privacy Policies
External Link:
We do not take the User to external links except those provided by the Payment Gateway, Platform or to the Seller’s publicities, Seller’s social medias or links to Seller’s contact at Whatsapp, email, messenger etc, or relevant to the use of the Service. Please be vigilant of unauthorized pop-ups and links. Please do not access to any suspicious or unauthorized links and pop up.
Termination and Suspension of Use:
The Seller has full rights to terminate or suspend any access and use at convenience for any reason at any time. All provisions of the Terms which by their nature should survive termination shall survive termination. The User has rights to terminate his/her account at the at any time for any reason.
Limitation of Liability:
The Seller maximum aggregated liability is limited to the value of the Order (the Order value) and only with proven sole negligence of the Seller directly related the Order.
The User shall indemnify, defend and hold Seller free and harmless from any action, claim, liability for loss or damage, for any matter indirect to the Order, matter outside of the Seller full control, in the event of Force Majeure, and matter without proof of sole negligence of the Seller. No consequential damages is permitted.
Governing Law:
These Terms shall be governed and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions. The Seller’s failure to enforce any rights or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Proprietary Information:
The content, photos and illustrations are propriety property of the Seller. Other proprietary properties are as per claim by the Platform.
Changes to the Terms:
The Seller reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, the Seller will try to provide maximum 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Seller sole discretion. By continuing to access or use the Service after those revisions become effective, the User agrees to be bound by the revised terms.
If the User has any disagreement of the Terms of Service, please stop using the Service.