Terms and conditions of online sales

1. DEFINITIONS

In these Terms and Conditions:

  • "Confirmation of Order" means our email to you, in which we accept your Order in accordance with clause 3.2 below

  • "Contract" means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 3.4 below;

  • Credit Card” means such form of charge card(s), credit card(s) or debit card(s) as may be stipulated on the Site as being acceptable for payment for Products.

  • Credit Card Company” means in respect of any Credit Card, the relevant company or companies controlling or administering payments for such Credit Card.

  • "Customer" means an individual who places an Order of a Product or Products on the Site;

  • "Liability" has the meaning given to it in clause 8 of these Terms and Conditions;

  • "Order" means the order submitted by you to the Site to purchase a Product from us;

  • Product” means a product of Santan which is being sold on the Site;

  • SANTAN” means Santan Cafe Sdn Bhd

  • Site” means the SANTAN online store currently accessible at www.santan.com.my/order

  • "You" means the Customer who places an Order;

  • us” means SANTAN

  • references to "clauses" are to clauses of these Terms and Conditions;

  • the headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;

  • words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;

  • references to "includes" or "including" or like words or expressions shall mean without limitation.

  • any reference to a “person” or “entity” includes a reference to an individual, a sole proprietor, a partnership, an unincorporated association and a company.

2. APPLICATION AND EFFECT

By placing an Order and/ or accepting delivery of the Products on the Site, you are offering to purchase a Product on and subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order. All Orders are subject to acceptance by us.

 

3. ORDERS

  1. When you place an Order for the Product(s) and the quantity required, at the price specified on the Site, you are required to provide all necessary information as may be required by us.

  2. All Orders are subject to acceptance by us, and we will confirm such acceptance by sending an invoice, via email to you as a Confirmation of Order. A Contract shall be formed and we shall be legally bound to supply the Product to you when we send the Confirmation of Order.

  3. Each Contract relates only to those Products which have been confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.

  4. For the avoidance of doubt, your Contract with us relates only to your use of the Site and the services available therein.

  5. Processing of Credit Card payment for an Order shall not in itself constitute our acceptance of the Order, provided that where an Order is rejected, any payment made for such Order shall be reversed or refunded by us.

  6. Prior to the Confirmation of Order, we reserve the right to refuse the processing of your Order for any reason, including Product unavailability and you reserve the right to cancel your Order.

  7. We shall to our best capabilities, ensure that all Product prices and specification which appear on the Site are accurate, and we shall not be liable for any errors in the pricing or product specification. The price to be paid for all Products shall be at the current selling price on the date of receipt of the Order, which may or may not be correctly reflected at the Site. If we discover an error in the pricing or specification of the product which you have ordered, we will refund you accordingly or provide you the option to exchange the same value of your product.

  8. You shall submit the accurate and up to date information to us and keep us updated on any changes relating thereto. We reserve the right to refuse to fulfill any orders that you may have placed based on information on the Site that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, product information or refund policies.

 

4. PAYMENT

  1. You shall pay for the Product in full at the time of ordering by supplying us with your Credit Card details from a Credit Card Company acceptable to us, which we require in order to process your Order. Depending on the results of a credit check we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment. In any event we shall not be bound to supply before we have received cleared funds in full.

  2. All credit card payments are subject to the approval of the Credit Card Company and the relevant paying bank. We shall not be liable in any way if the Credit Card Company or the paying bank refuses to process or accept any Credit Card or Credit Card particulars for any reason.

  3. If you are asked for details of a payment card by us and/or our payment service provider, you shall undertake that all details provided to us for the purpose of purchasing the Product from us are correct, that the credit or debit card, or account or other payment method which you have used is of your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.

  4. You agree to submit to us and/or our payment service provider details of Credit Card and other personal and delivery information as may be reasonably requested in order to process the Order, payment for the Order, and to arrange for delivery and invoicing. We may require our payment service provider to keep such information confidential and not use the same for any purpose other than to carry out its services, provided you agree that we shall not be liable for any loss, damage, or liability in the event of any unauthorised disclosure of such information by our payment service provider.

  5. We reserve the right to exercise our lawful remedies if a dispute or issue arises over payment through Credit Card, or if we do not receive full payment for an Order. In particular, but without limitation, if the Credit Card Company or the paying bank rejects or reverses payment for an Order, we may in our discretion;

  • Refuse or reject such Order, or suspend or cancel delivery of such Order;

  • Repossess the Products if already delivered; or

  • Claim against the Customer for the full price of the Order as a debt.

5. CANCELLATION BY CUSTOMER (NON-FAULTY PRODUCT)

​​Once an Order has been accepted by us with the issuance of the Confirmation of Order by email to you, cancellations or refunds are not permitted. You will be charged full. 

6. CANCELLATION BY CUSTOMER (FAULTY PRODUCT)

​​We will provide a replacement for the Product if we find that the Product has:

  • Been subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or 

  • Been involved in any accident or damage caused by our operations

  • Been dealt with or used contrary to our or the supplier’s instructions for the Product; or

7. FRAUD

Payments must be authorised by the cardholder named in the payment process. We reserve the right to hold or cancel your Order without prior notice if we reasonably suspect that you or the cardholder is associated with any kind of fraudulent activity. Such suspicion may be based on the following activities;

  • The cardholder did not authorise the payment and claims that the booking is fraudulent;

  • There has been previous fraudulent activity/chargebacks by you or the cardholder; and

  • Information given during payment is erroneous/inadequate/inconsistent/linked to fraudulent behavior

8. LIMITATION OF LIABILITY

  1. In no event shall we be liable to the Customer or any third party for any indirect, special, consequential, exemplary or punitive loss or damage for any breach of these Terms and Conditions, including but not limited to loss of profits, loss of business or goodwill, loss of use, or any claim by any third party, even if we have been advised of the possibility of such loss or damage.

  2. The total liability of SANTAN to the Customer for any and all claims whether by the Customer or by any other person and howsoever arising in connection with or arising out of the sale, supply, delivery possession, replacement or use of a Product or resulting from the breach of the Contract and/or these Terms and Conditions by us shall not in any event exceed the price of the Product giving rise to such claims.

  3. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence.

 

9. SOFTWARE

  • All rights, title and interests in and to any software installed in the Products shall remain with us or the applicable licensor(s), as applicable. All software provided is subject to the terms and conditions of the license agreement relating to that software. Warranties (if any) for any software are restricted to those contained in the licence agreement. We do not make any warranties for any software under these Terms and Conditions.

10. DATA PROTECTION

Please see our Privacy Statement, which forms part of these Terms and Conditions.

 

11. FORCE MAJEURE

  1. ​​We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation, hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.

  2. Either you or we may terminate the Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of five (5) days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).

  3. If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.

 

12. NOTICES

  1. Any notice under the Contract shall be in writing and may be served by personal delivery or by email addressed to the relevant party at the address or email address of the relevant party last known to the other.

  2. Any notice given by post shall be deemed to have been served two (2) days after the same has been posted if the recipient address is in the country. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.

13. TRADEMARKS

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and / or locations featured on this Site are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trademarks/ names featured on this Site are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.

14. GENERAL

  1. We shall keep a record of your Order and these Terms and Conditions until six (6) 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, and the Confirmation of Order.

  2. These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.

  3. No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing and signed by us.

  4. No failure or delay by us or you in exercising any right under these Terms and Conditions or the 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 the Contract.

  5. If any clause in these Terms and Conditions or the 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 theContract shall be capable of continuing in effect without the unenforceable term.

  6. 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 the Contract or all or any of your rights or obligations under these Terms and Conditions or the Contract.

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

  8. No person who is not a party to these Terms and Conditions or the 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 the Contract its assent to any such term.

  9. These Terms and Conditions and the Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the laws of Malaysia. 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 the English language.

15. AMENDMENT TO THE GENERAL BUSINESS TERMS AND CONDITIONS

We reserve the right to amend these Terms and Conditions at any time without prior notice. All amendments to these Terms and Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.

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