Welcome to Your Online Shopping Garden- eGarden.com.my. eGarden provides this online shopping service to you subjected to the following terms and conditions. Therefore all users should read and accept all of the terms and conditions of this User Agreement before you access and use of this website. If you do not accept our User Agreement, please discontinue your access to eGarden.com.my and stop using our services immediately.
eGarden reserves the right to modify or change the material, terms and conditions, information and content provided in this website at any time with or without notice at eGarden absolute discretion. All changes will be effective immediately upon their implementation and user must agree that by continued access or use of eGarden website subsequent to any such change will be deemed as your acceptance to those changes.
- General Terms
- Registration and Eligibility
- Disclaimer of Warranties and Liability
- Conduct and Application Laws
- Shipping Policy
- Taxes, Custom Duties and Levies
- Return and Refund Policy
- Copyright and Trademarks
- Electronic Form
- Payment and Currency
- Acceptance of Terms of Sale
- Entire Agreement
1.1 eGarden’s Responsibilities:
- We acts as an online advertising channels of marketing and managed search.
- We help merchants to promote and sell their products or/and services online, accept payments and fulfils orders.
- Merchants recruited by eGarden may make their products or/and services available.
- All users’ actual purchase and subscription of the products or/and services will be subject to the Merchant’s standard terms and conditions of sale.
- We will make sure that any specific terms and conditions of sale will be stipulated on this website.
- All agreements pertaining to the sale and purchase of any products or/and services through eGarden shall be between user and the respective Merchant.
1.2 eGarden Policies are intended to:
- Support and obey government laws and regulations
- Only accept selected and trusted Merchants’ applications
- Minimise risks to both merchants and users
eGarden is available only to registered users who are above the age of 18, unless guided by their parent or legal guardian.
2.1 Membership System:
- Please follow our simple registration process to become our member to enjoy all the benefits provided from us.
- We provide normal membership and premium membership services. Please refer to our Premium Membership for more details.
- Please provide true, accurate, current and complete information about yourself when registered.
- Your e-mail address will be used as your login ID and you need to create your own password to login, along with activation your registration through e-mail.
2.2 Members’ Responsibilities:
- Ensure that your personal information is updated from time to time.
- Responsible for all activities that occur under your user account
- Immediately notify eGarden if you become aware of any unauthorized use of your account or your login name or/and password has been compromised.
- May not transfer, assign or sell your account to any third party.
- eGarden will not be liable for any damage or loss of any kind suffered by member as a result of any unauthorised use of your login name and password.
2.3 Suspension or Termination of Membership
eGarden reserves the right to refuse service, suspend or terminate accounts, remove or edit content, or cancel orders.
– If member had provided us with false, misleading or incomplete registration information
– If member had breached any of these Terms and Conditions.
Any decision we makes in relation to termination of member’s account shall be final and bidding.
- The materials, features, services and information in eGarden.com.my Website are provided on a basis and disclaim all warranties, express or implied, with respect to this Website.
- eGarden shall use its reasonable efforts to ensure the accuracy and validity of the materials, features, services and information which contained on the Website.
- eGarden does not make any express or implied warranties, representations or guarantees including but not limited to any warranties of completeness, accuracy usefulness, fitness for a particular purpose, title and reliability in respect of the Website, your personal information, function on any product and/or service made available by the Merchants,or material and information transmitted over our system.
- Please take noted that all the material downloaded or otherwise obtained through the Website is done solely at your discretion and risk. You should be responsible for any data loss or damage to your computer system that may result from downloading
- eGarden shall not be responsible for and disclaims all liability for any damage, loss, liability, personal injury or expense of any nature which may be suffered by you or any third party due to any directly, indirectly or consequentially, to your access or/and use of the Website
- eGarden and any third party or data or content provider shall not be liable in any way to you or to any other person, firm or corporation whatsoever for any damage, loss, liability, personal injury or expense of any nature due to any delays, inaccuracies, errors in, or omission of any materials, features, services and information in the Website.
- This website and its contents are presented on an ‘as is’ and ‘as available’ basis. eGarden makes no and expressly disclaims all representations or warranties of any kind, expressed or implied.
- No oral advice or written information provided by eGarden or its employees shall be used as a warranty nor shall the user rely on any such information or advice.
All users should always obey the rules, regulations, laws and legislation governing the same and any guideline and policies in accordance with the laws of Malaysia.
- You should not disrupt the access and use of this Website.
- You should not disrupt the provision of this Website.
- You should not adversely affect the rights of eGarden and/or any third party.
- You should not give rise to civil liability or constitutes a criminal offence.
- You should not misuse in any way, the contents, products and services provided by this Website.
- You should not assist or enable others to perform or carry out the acts as above mentioned.
- You hereby consent to the exclusive jurisdiction of the High Court of Malaysia in respect of any disputes arising in connection with the Website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
- eGarden has outsourced our deliveries to our logistics partners Airpak, Taqbin or Poslaju to handle our shipments.
- All shipping will be done according to eGarden logistic Standard Operating Procedures (SOP) discretion.
- Ready stock items- Your goods will arrive within 1-3 working days after we received your payment.
- Pre-ordered items- Your goods will arrive within 2-3 weeks after pre-order closing date.
- Delivery will not be offered on weekend and Public/Bank Holidays. Any delay might be incurred due to holidays, or any type of natural disaster.
- It will be stated in the shipping policy of the products if it ship directly from Merchants. eGarden shall not be held liable for any delay, failure or omission when the products ship directly from Merchants.
- Each merchant has their own order processing and products must be shipped within 7 working days still unless due to unforeseen circumstances.
- Logistic service will proceed with pickup at the shipping address specified by you. Additional charges may incur if the address is incomplete or correction by courier.
- eGarden is not responsible for shipping charges for any missing or wrong information. For any case of risk of loss, you must file such claims with the courier service designated.
- A general logistics industry standard for deliveries would be a maximum of 2 visits to the delivery address to get a recipient to receive the parcel. Beyond 2 visits, Customer is liable for any additional charges that may be incurred for a repeated delivery and eGarden cannot be held liable for this failure.
- For oversea orders, kindly email to firstname.lastname@example.org on your enquiry.
- eGarden will not be responsible for any government taxes imposed in the recipient’s country should there be any imposition on behalf of the respective governments.
- Some countries may collect customs duties and levies during the custom clearance process of the products.
- eGarden will not be responsible for any custom duties and levies imposed by the local customs.
- These additional charges had to be borne by the recipient.
- Please contact your local customs office for further details on the custom duties and levies as custom policies vary from country to country.
7.1 Return and Cancellation of Orders
- eGarden does not allow refund, cancellation and/or exchanges of orders due to changes of mind of buyers.
- Goods once accepted are considered sold.
- eGarden will only accept buyers to return the products that are damaged or defective or do not correspond with the order made.
- The requests for return of products can only be made within 10 days from the date of receipt of the products.
- All the approved returned products must be securely packaged and wrapped. The delivery cost for the return of the products shall be borne by buyer.
- All products returned shall be exchanged with a product of the same description in the Purchase Order.
- A refund in relation to a returned Product will only be made if the Merchant has no more stock of the returned product.
7.2 Out of Stock on Products Purchases
- eGarden provides product information on the Website “as is” and “as available” basis.
- If the products purchases are out of stock, buyers can choose to wait for the product availability if the products will fill with new stock, or
- Choose to request for a cancellation of the product order and get a full refund, or
- Choose to replace/substitute products of equal or higher value.
- All content included on this Website, include but not limited to text, graphics, logos, images, audio clips, button icons, data compilations, and software are the property of eGarden.com.my and is protected by copyright laws.
- All content suppliers and are protected by copyright, trademarks and other laws.
- Any of the content listed at eGarden.com.my and associate sites is strictly prohibited from reproduction, replication, distribution, modification, republication, display or performance.
- Unless the prior written consent of eGarden and the relevant proprietors have been obtained, no such trademarks, service marks or logos may be used as a link or to mark any link to the Website or associate sites.
- No one should resale or commercial use of this Website or its contents. Any downloading or copying of account information for the benefit of another merchant should be prohibited.
All users should agree to indemnify and keep indemnified eGarden from all liabilities, claims, losses and expenses, including any legal costs on a full indemnity basis arising out of the user’s use of:
- User’s misuse of the Website and the services provided
- Any breach of these Terms and Conditions by users
- Any intellectual property right or proprietary right infringement claim made by third party against eGarden.
All the term of sale covers the presumptions under Electronic Transactions Act 1998 (“ETA”).
- eGarden and all users agree that all agreements, notices, disclosures and other communications in electronic form constitutes as a written document.
- All users should undertake not to dispute or challenge the validity or enforceability of this term of sale on the grounds that it is not a written document.
- eGarden and all users hereby waive any such right eGarden may have at law.
All the term of sale covers the presumptions under Electronic Transactions Act 1998 (“ETA”).
- Customer agrees to pay eGarden the total amount set forth in the contract of sale and any other mutually agreed charges that stated on the payment page.
- All transactions that made for orders of products and/or services are effected in Malaysia and in respect of local deliveries only.
- All transactions are to be charged and payable in Ringgit Malaysia (RM), unless otherwise stated in the confirmation order.
The failure of eGarden to implement or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
- Buyer agrees to accept the term of sale when click on the proceed button of the payment page at any merchants’ store.
- Buyer is bound to the terms of sale stipulated when completed the payment process.
- The contract of sale is dated and timed at the moment of clicking upon the proceed button.
- The timing of the terms of sale is captured on the order confirmation sent via electronic mail.
- Entire provisions of this terms and conditions, policies and notices are intended to be severable.
- Any provision of any relevant terms and conditions becomes unenforceable in any jurisdiction, whether due to invalidity or in any jurisdiction, such provision shall, as to that jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
- Reference to other jurisdictions in this clause shall not be construed so as to affect the governing law of this term of sale being the laws of Malaysia.
- This Terms and Conditions constitute the sole record of the agreement between you and eGarden in relation to your use of eGarden.com.my website.
- Neither party is relying upon any warranties, representations, promise or the like not recorded herein.
- It may be changed only by a writing signed by both parties or otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral.