TERMS & CONDITIONS


  1. INTRODUCTION


  1. These terms and conditions relate to all goods which you offer to purchase from the CCH FRESH MART online store ("our/this Website"). Please read these terms and conditions, which govern our use of this Website and our supply to you of any goods which you offer to purchase through our on-line facilities ("the Terms and Conditions"). We will not be able to process any offer to purchase goods until you have done so. If there is anything you do not understand, please feel free to email us at chapchiaphong.online@gmail.com or call us at 017-5413581.


  1. By making an offer to purchase, you agree to be bound by the whole provisions of the Agreement (as defined in your clause 3.1 below) between you and us. If you do not accept these provisions, you should not place an order.


  1. We reserve the right in our sole discretion to modify, alter or otherwise update these terms and conditions and we are not under any obligations to notify you of such changes. 


  1. DEFINITIONS

In these terms and conditions:-

  1. "Commencement Date" means the date when our agreement with you is concluded (See clause 3.3);


  1. "Confirmation Form" means the form that is shown on screen after you have placed an order, confirming details of the Goods which you have offered to purchase and which we have agreed to supply to you;


  1. "Consumer" means an individual whose use of the Service is for personal purposes only, and not for use in connection with any trade, business or profession;

  2. "Order Form" means the form completed online by you and shows details of the goods which you have offered to purchase from us;


  1. "Return Form" means the form that you will be completing in case of any return or exchange that you may want to request upon receiving your goods.


  1. "Goods" means the goods to be provided by us to you, as described in the Order Form and the Confirmation Form as well as on the pages of our Website relevant to those goods. (In the event of a discrepancy between the description of the Goods on this Website and that on the Order Form and the Confirmation Form, the description in the Order form or Confirmation Form shall be conclusive).


  1. "We/Us/Our" refers to CHIAP HONG MINI MART, a company incorporated in Malaysia (registered no. 002394072-U) and having our registered office at No 246 Jalan Pasar, 14000 Bukit Mertajam.


  1. "You/Yours" refers to you, the person offering to purchase goods from us.


  1. YOUR AGREEMENT WITH US


  1. These terms and conditions, together with the Order Form, Confirmation Form, Privacy Policy and Terms of Use that appear on our Website, constitute the entire agreement between you and us relating to the provision of the Goods ("the Agreement"), and supersede any previous agreements, undertakings or proposals, written or oral, between us in relation to this, and all past courses of dealing or industry custom. No oral explanation or oral information given by any party (including any information given via our customer service department) shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation which has not been made expressly in these terms and conditions.

  2. Nothing on this Website is intended to mean that we are making a legally binding offer to you to provide goods or services: instead, we are inviting you to make a legally binding offer to us to purchase goods or services. Offers can be submitted by completing the online order. 


  1. Once you have submitted your offer to us, you will be presented with an email which sets out the details of your offer. Please note that although this email constitutes notification of receipt of your offer, it does not constitute our acceptance of your offer.


  1. Unless specifically accepted by us as set out below, we will not be bound by any offers submitted by you via this Website. Our contract with you is formed only when we have accepted your order by:

  1. Sending you a Confirmation Form by email (in which case the date of formation of our contract is the date shown on that Confirmation Form); or

  2. Delivering the goods or providing the services you have offered to purchase (in which case the date of formation of the Agreement is the date on which we attempt to deliver the goods or perform the services)


  1. It is entirely at our discretion to accept or reject any offer submitted by you. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. 


  1. PAYMENT

    1. Payment can be made using any of the methods listed in this Website (payment) and will be debited when we have accepted your offer to purchase.

    2. All prices are quoted in RM (Malaysian Ringgit) and is inclusive of Sales Tax where applicable.


  1. MODIFICATIONS TO THE SERVICE AND PRICES


  1. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


  1. ERRORS


  1. While we try to ensure that the descriptions and prices displayed on our website are correct, errors such as but not limited to typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability may occurs. If, prior to delivery to you, we discover an error in relation to goods or services you have ordered, we will inform you as soon as possible and you will then have the option of either:

  1. Confirming your offer to purchase subject to the corrected description or price; or

  2. Cancelling your offer to purchase and receiving a full refund of any prepayments.


  1. If we are unable to contact you (or are otherwise unable to ascertain your preference in relation to the above two options) within 7 days after the expected delivery date, our agreement with you shall be treated as cancelled in full.


  1. SHIPPING & RETURN POLICY


  1. Refer to https://chfreshmart.easy.co/pages/shipping-returns

  1. PRODUCT CARE


  1. Storage temperature: Store between - 18°C+-


  1. For all the CCH FRESH MART Frozen products can be best kept before its expired date shown on the products label.


  1. CCH FRESH MART products are sensitive to temperature, kindly store them in a cool, dry place and away from direct sunlight.

 

  1. LIABILITY


  1. For the avoidance of doubt, our exclusion of liability extends to (but is not limited to) loss or damage due to:

  1. errors or omissions of information, materials or functions in or of this Website (or any websites linked to this Website);

  2. business interruption resulting from the use or inaccessibility of this Website (or any websites linked to this Website);

  3. collaboration with any third party as a result of using our website (we will not in any way be construed as a party to such collaboration, nor shall we be liable in any way for the dealings you may have with that third party):

  4. viruses, worms, trojans or other hostile computer programs that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website (or any websites linked to this Website)


  1. We shall be under no liability for any delay or failure to deliver goods or otherwise perform any obligation as specified in these Terms and Conditions if the same is wholly or partly caused, whether directly or indirectly, by circumstances beyond our reasonable control.


  1. Our total liability to you, in respect of any claim by you arising out of or in connection with the provision of (or the failure to provide) goods or services, shall be limited to the sum paid by you to us for the goods or services which are the subject of the claim.


  1. We shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the use of this Website or the provision of the goods or services by us.


  1. PAYMENT OPTIONS


  1. We accept the following methods of payment.

Credit Cards:-

  • MasterCard

  • VISA


Online Banking & E-Wallet:-

  • MAYBANK 2U

  • CIMB CLICKS

  • RHB NOW

  • HONG LEONG CONNECT

  • BANK RAKYAT

  • BANK ISLAM

  • AFFIN BANK

  • AMBANK GROUP


  1. Payment made using any of the methods mentioned in Clause 10.1 will be debited upon receiving your confirmed order. The total amount you pay is the same, regardless of the payment method you use. Payment will be processed using the services of Stripe Merchant services.


  1. DATA PROTECTION


  1. We are committed to protecting your privacy and the security of any information given to us in order for us to process your order. Kindly refer to our Privacy Policy, which forms part of these Terms and Conditions.


  1. COMPLAINTS MANAGEMENT


  1. We have a complaint handling procedure in place that we use to resolve any disputes that may arise. You may need to contact us according to the contact details stated at Clause 1.1 of these Terms and Conditions.


  1. If you wish to file a complaint, please contact us and provide a description of your complaint as well as details of your order as provided in the Confirmation Form. Should you not receive any feedback from us within 5 Business Days, please make further enquiries by calling us.


  1. GENERAL


  1. We shall keep a record of your Order and these Terms and Conditions until six years after we have accepted your Order. However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order, the Acknowledgement and the Confirmation of Order.


  1. No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.


  1. If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.


  1. You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.


  1. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


  1. Share Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


  1. Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.


  1. No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.


  1. These Terms and Conditions and Agreement (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Malaysia Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Malaysia Courts. All dealings, correspondence and contacts between us shall be made or conducted in English language.


  1. AMENDMENT TO THE GENERAL BUSINESS TERMS AND CONDITIONS

These Terms and Conditions contain the entire understanding between you and us in relation to use of our Website and its content and any ordering any goods or services via the Website but we reserve the right in our sole discretion to modify, alter or otherwise update these Terms and Conditions and our web pages at any time without further notice and you agree to be bound by any such modifications, alterations or updates. You should check this Website from time to time to review the current version of these Terms and Conditions.