INTRODUCTION

Welcome to the gofruits.com.my site (the "Site"). These terms and conditions ("Terms and Conditions") apply to the Site, GOFRUITS SDN BHD (CO. Reg. No1193001 A), and all of its divisions, subsidiaries, and official affiliates operated Internet sites which reference these Terms and Conditions.

“GoFruits” means Gofruits Sdn Bhd, a company incorporated in Malaysia under registration number 1193001-A and having its registered address at No.45B, Jalan Kenari 1, Bandar Puchong Jaya 47100 Puchong Selangor.

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 site. The Site reserves the right, to change, add, remove, or modify 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.

TRADEMARKS AND COPYRIGHTS

All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the site 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.

ARBITRATION

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

TERMINATION

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 of GOFRUITS SDN BHD (CO. Reg. No. 1193001 A), in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

1. Ordering, Price and Goods: The prices payable for goods on the site that you order are as previewed on the site. However, the sizes of goods may vary from the description previewed on the site and please note goods prices often fluctuate due seasonal availability and foreign currency fluctuation. GoFruits reserves the right to cancel with refund or replace goods with your consent after you confirmed and paid the order on the site due to any change of circumstances.

2. Method of payments and cancellation policy: The Buyer shall be entitled to make payment for the goods pursuant to the various payment methods set out in GoFruits’s site. The terms and conditions applicable to each type of payment, as contained in GoFruits’s site, shall be applicable to the Contract.

GoFruits currently only accept prepayment via direct transfer – Interbank Giro Transfer/ JomPay/iPay88. We currently do not practice COD (Cash on Delivery) unless agreed prior to the order.

If the Buyer decides to cancel his/her orders, please provide the cancellation notice on the same purchase day before 0000 hours (12 midnight) via email to sales@gofruits.com.my with the title “To cancel order” as there won’t be any charges imposed on the buyer. However, after the 0000 hours on the same purchase day, GoFruits shall be entitled to impose a minimum of 15% of the total amount of the purchase price of the relevant goods as administrative fees. In addition to the transaction fees charged by the Credit Card company or any Financial Institution or agent (JomPay/Ipay88). The balance after deduction of the administrative fees and the transaction fees will be refunded to the Buyer within 3 working days

3. Delivery: There will be two (2) options as outlined below.

Option 1: Predefined delivery location (office buildings and floors) and schedule set by GoFruits on the site. NO minimum order required and delivery is free of charge. Please note for option 1, delivery is strictly as per predefined by the site and any deviation will be subject to a fee imposed by GoFruits without your prior consent.

Option 2: Flexible delivery is available subject to delivery charge, date and time of deliver agreed as per delivery schedule

Please note that all delivery/ies available are made by third party logistic provider or business associate. Buyer/s is required to provide their full name, deliverable address and identity number for identification purposes during delivery/ies.

GoFruits’s third party logistic provider or business associate will deliver your order to the delivery address provided on the completed order form and provided that there is no obstruction of access and/or safe and reasonable to do so. This includes any house, office building, condominium, apartment, office area and particular floor and unit of the said office building, condominium and apartment. Upon acceptance of the goods when delivered, you are now the owner of the goods and all risks in the goods shall pass to you upon a completed delivery. Whilst we make every effort to deliver all your goods on time, we exclude liability for any failure to deliver and/or any delay to deliver caused by any events or circumstances beyond our control.

4. Refund: You may, at the time of delivery, reject any deliveries to you by providing a reason for such rejection including without limitation the said goods not being of merchantable quality are defective, damaged and/or not fit for purpose. Any goods that are deemed damaged or spoilt by customers, please notify GoFruits @ fruitsInspector@gofruits.com.my immediately (or within 3hours from delivery time). Also, please attach pictures as prove and a description of the damages. GoFruits after sales service team will get in touch with you within 12hours to review the situation and take the necessary step to solve the issue. No guarantees but either a full/partial refund for that particular good, a substitution/replacement of goods or GoFruits’s credit note shall be carried out depending on the given situation. Also, GoFruits reserve the right to decline any complaints if the after-sale service team deemed the case as no worthy.

5. Registration: Customers have to register and login to place an order on the site. By creating an account, customers will have a smooth order process as your details are already made available. Also, you have to keep your account and registration details current and correct for communications related to your orders from the site. By agreeing to the terms and conditions, customers agree to receive GoFruits promotional events and newsletters upon registration. The customer can opt out either by unsubscribing in "My Account" or by contacting the customer service. (Email address/Contact number)

6. Access to site: We strive to offer you the best possible service but we make no warranties that the site will be uninterrupted, free from viruses or error free. Your use of the site is at your own risk. Your access to the site may occasionally be limited for repairs, maintenance or the introduction of new services. If a fault occurs in the service causing any disruption or errors in your order, please email us immediately at fruitsInspector@gofruits.com.my with Your Account details and/or order number and we shall rectify and/or attend to any concerns that you may have as soon as reasonably practicable.

7. Acceptance: The use of the site for the order of goods from GoFruits shall not be construed as a contract of any kind. Your order made through this site is an offer to buy from GoFruits and notwithstanding the issuance of an invoice by GoFruits, the acceptance of the offer shall be upon confirmation of your order by GoFruits, subject to your right to cancel in accordance with Clause 2 of these terms and conditions.

8. Last Minute Order: Any orders made after the cut off time (please refer to clause 2 above) are subject to discretion of GoFruits. We will try to accommodate the order according to the availability of the fruits or has the right to move forward the order to the next delivery schedule or reject the order without prior notice. Or if the order is pushed to the next delivery period and the buyer wishes to cancel his/her order, please perform within 3 hours and no charges imposed upon cancellation made.

Privacy Policy

GoFruits Sdn Bhd (“GoFruits”) is committed to protecting the privacy of our site visitors and customers. Under the ACT 709 PERSONAL DATA PROTECTION ACT 2010, We will not disclose information about our customers to third parties except where it is part of providing a service to you - e.g. arranging for a product to be sent to you, carrying out credit and other security checks and for the purposes of customer research and profiling or where we have your express permission to do so.

Your Consent

GoFruits will not sell your name, address, e-mail address, credit card information or personal information to any third party (excluding partners from whom you may have linked to our site) without your permission.

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