TERMS & CONDITIONS OF SAWARI MALL

1. DEFINITIONS

In these Terms and Conditions:

"Account" means the SAWARI Mall Account that need to be registered upon order submission;
"Business Day" means operation day which starts from 8.00 a.m. to 5.00 p.m (Malaysia time) excluding Saturdays, Sundays, and gazetted public holidays;
”Order Confirmation" upon your submission order to us;
"Contract" means your Order of a Product or Products in accordance with these Terms and Conditions according to clause Formation of Contract;
"Customer" means personnel who places an Order on SAWARI Mall;
"Order" means the Order submitted by you to SAWARI Mall for product purchase;
"Website" means SAWARI Mall website accessed at the following address at www.sawarimall.com;
"You" means the Customer or a guest;
References to "clauses" are to clauses of the Terms and Conditions;
Headings are merely for easy reference and will not affect the interpretation or construction of the Terms and Conditions;
References to "includes" or "including" or like words or expressions shall mean with no limitation.


2. PROHIBITIONS

You must not misuse our Website. You shall not use a software to extract data from this Platform or any automated systems for any purposes. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the website which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Platform. Any breach of this provision would constitute an offence under Section 233 of the Communications and Multimedia Act 1998. In the event such breach occurs, SAWARI will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.


3. AGREEMENT

3.1 These Terms and Conditions shall apply to your use of the Website and all Orders and Contracts made or to be made for the sale and supply of Products. These Terms and Condition constitute the wholer agreement between you and SAWARI and supersede any and all preceding and contemporaneous agreements between us.

3.2 You acknowledge that by entering into this Contract, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms and Conditions, except as expressly stated in the Terms and Conditions.


4. TERMS OF SALE

4.1 Registration

(a) Please register with us by signing up to an Account on the website for order placement. 

(b) The registration should reflects true information to avoid any mislead information occurred.

(c) For B2B/ large scale arrangement, Please email us at usahawan.feldahq@felda.net.my and sawarihq.m@gmail.com or contact us at 019-6370857

4.2 Contract Formation

(a) The information set out in the Terms and Conditions and the details contained on this Website as an invitation to treat. Contract commence once we shipped the Products to your address.

(b) To submit an Order, you will be required to follow the online shopping process on the Website. You will then receive an Order Confirmation which will act as an acknowledgement of your Order.

(d) A Contract will relate only to those Products which we deliver to you. 

4.3 Price and Payment

Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Website are accurate and true, there is possibility where errors may occur. If we discover an error of any Products information which you have ordered, we will inform you urgently and provide you an option to change with other products. If we are unable to contact you, we will treat the Order as cancelled. 

(a) Where applicable, prices are inclusive of GST and are in Malaysian ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.

(b) You can pay using any of our payment partners listed on our Platform for dried products. If you purchase frozen products or mix frozen products with dry products, you just have only an option for cash on delivery payment method

(c) To minimise the risk of unauthorised access, we encrypt your card data. Once we receive your Order, we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorisation check has been completed. Your card will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorisation by card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery.

(d) Upon authorisation of the payment, by clicking “Checkout” button you are confirming that the cart belongs to you and you are entitled to apply any promotional coupon(s) or any other rewards facilities if available.

4.4 Food & Beverages Products

(a) For dry products, please store at the room temperature

(b) For frozen products, please store directly upon receiving at -18 degrees

(c) For frozen products, delivery within Klang Valley only

4.5 Refusal of Order

We reserve the right to withdraw any Products from this Platform at any time and/or remove or edit any materials or content on this Website. We will ensure our best efforts to process your Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.

If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you within 30 days.

We will not liable to you or any other third party with our withdrawing any Product from this Website, whether it has been sold or not, removing or editing any materials or contents on this Platform or for refusing to process or accept an Order.


5. DELIVERY

5.1 We will deliver the Product ordered according to delivery address registered in your Account

5.2 We will notify you if we expect delay from estimated delivery date, but, to the extent permitted by law, we will not liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

5.3 Please note that it might not be possible for us to deliver to some locations in which event, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

5.4 We will deliver in our standard packaging.

5.5 All risk in the Product shall pass to you upon delivery, except for products where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product. Any breach of obligations by you, might impact your ability to shop on the Website in the future.


6. CANCELLATION BY CUSTOMER (NON-FAULTY PRODUCT)

We do not allow cancellations and do not return or refund any non-faulty products as our products are perishable.


7. RETURN AND REFUNDS POLICY

7.1 In the event you are dissatisfied with your purchase due to it being spoilt, expired or wrong products, you must contact us within 3 days from receiving your order. We reserve the right to limit refunds and replacements, and we can only offer one replacement per consumer.

7.2 We do not provide refunds for the cancellation of any new orders as we begin processing and preparing your orders immediately upon receipt of your order. 

7.3 Upon assessment of your complaint, we will provide you with further details on processing of your refunds should we confirm that you are owed a refund

7.4 However, if there is any damaged/defective condition or wrong items delivered, kindly contact us at our contact number of email and such issues must be reported to us within three (3) days of the delivery. SAWARI shall reserve the right to request for any photo evidence and/or to request you to bring the said damaged/defective or wrong item to our store in its original packaging together with the original receipt, original packaging, tags and labels that come with it for our inspection.

7.5 SAWARI shall at its sole discretion and considering the circumstances, offer a replacement/exchange or refund of the damaged/defective or incorrect product, or arrange for the re-delivery, collection and/or return of the damaged/defective or incorrect product. Any refunds made shall be within 30 days from the date of our written notice to do the same by transferring to your account. Alternatively, we may allow you to select other items of equivalent value to the damaged/defective or incorrect product at our store our or SWARI Mall within seven (7) business days from our written notice to allow you such option and you shall deem to forfeit your right to such replacement or exchange if you do not do the same within the given time period wherein we shall not be liable to entertain any of your request to the said damaged/defective or wrong item.

7.7 If you do not report the issue of the wrong products delivered within the specified period i.e within 3 days of products received, we shall not entertain any of your requests.


8. DISCLAIMER OF LIABILITY

8.1 The content displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, SAWARI and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Platform and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

8.2 Nothing in these Terms and Conditions shall exclude or limit SAWARI liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.


9. INDEMNITY

You agree to indemnify, defend, hold harmless SAWARI, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Website or your breach of the Terms and Conditions.


10. GUARANTEE AND COMPLAINTS MANAGEMENT

10.1 SAWARI shall perform its obligations under these Terms and Conditions with reasonable skills and care.

10.2 We place great value on our Customer satisfaction. You may contact us at any time using the contact details given. We will attempt our best effort to address your concerns as soon as possible and will contact you upon receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer or supplier must generally be involved, and as such it may take longer to resolve such an enquiry or complaint.

10.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Order number that was assigned to you in the Order Confirmation. In rare cases, your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. If you did not receive any response from us within seven (7) Business Days, please make further enquiries.


11. CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)

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:

(a) Strikes, lock-outs or other industrial action
(b) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(c) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(d) Impossibility of the use of public or private telecommunications networks
(e) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(f) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.

 In the circumstance that the Force Majeure event lasts for more than one week, either you or we may terminate the Contract forthwith by written notice and without any liability other than a refund of a Product already paid for by you and not delivered.

 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 a Force Majeure event, we may decide at our absolute discretion which Contracts we will perform and to what extent.

 We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.


12. NOTICES

Any notice under a Contract shall be given in writing through email to the relevant party at the address or email address last known to the other.

Any notice given by email shall be deemed to have been served within seven (7) Business Days of the email being sent.

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. INTELLECTUAL PROPERTY RIGHTS

13.1 All content included in or made available through our Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of SAWARI or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by SAWARI and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Platform nor may you use any such content in connection with any business or commercial enterprise.

13.2 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Website are trademarks of SAWARI in Malaysia. SAWARI trademarks may not be used in connection with any product or service that is not provided by SAWARI, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SAWARI. All other trademarks not owned by SAWARI that appear on the Platform are the property of their respective owners.

13.3 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

13.4 You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. In the event of SAWARI becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.

13.5 If you print, copy or download any part of our Website in breach of these Terms and Conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by SAWARI or its licensors.


14. LINKS TO THE SITE

14.1 You may link to our home page, provided you do so in a way that is legal and is not likely to damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

14.2 You must not establish a link from any Website that is not owned by you.

14.3 This Website must not be framed on any other Website, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.


15. WAIVER

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.


16. SEVERABILITY

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.


17. ASSIGNMENT

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.


18. RELATIONSHIP

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.


19. THIRD PARTY RIGHTS

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.


20. GOVERNING LAW

These Terms and Conditions and a 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 agree to submit to the non-exclusive jurisdiction of the courts of Malaysia. All dealings, correspondence and contacts between us shall be made or conducted in the English or Malay language.


21. VARIATION

We reserve the right to amend these Terms and Conditions and our policies at any time at its sole discretion without prior notice. All amendments to these Terms and Conditions, including our policies will be posted on our Platform and be effective immediately. Your continued use of the Platform constitutes acceptance of the amended Terms and Conditions.