Terms & Conditions
1.1 These terms and conditions relate to all goods which you offer to purchase from the Beryl’s 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 firstname.lastname@example.org or call us at 03-89436136.
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.
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.
In these terms and conditions:-
2.1 "Commencement Date" means the date when our agreement with you is concluded (See clause 3.3);
2.2 "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;
2.3 "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;
2.4 "Order Form" means the form completed online by you and shows details of the goods which you have offered to purchase from us;
2.5 “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.
2.6 "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).
2.7 "We/Us/Our" refers to Beryl’s Marketing Sdn Bhd, a company incorporated in Malaysia (registered no. 345473-U) and having our registered office at No. 2, Jalan Raya 7/1, Kawasan Perindustrian Seri Kembangan, 43300 Seri Kembangan, Selangor Darul Ehsan, Malaysia.
2.8 "You/Yours" refers to you, the person offering to purchase goods from us.
YOUR AGREEMENT WITH US
3.2 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
3.3 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.
3.4 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:
(a) 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
(b) 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)
3.5 It is entirely at our discretion to accept or reject any offer submitted by you. Our acceptance of such offers is subject to availability of stock and authorisation of your payment. If for whatever reason we are unable to accept your order, we shall endeavour to notify you of this promptly and shall provide a full refund of any prepayments made.
4.1 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.
4.2 All prices are quoted in RM (Malaysian Ringgit) and is inclusive of Sales Tax where applicable.
5.1 While we try to ensure that the descriptions and prices displayed on our website are correct, errors may occur. 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:
(a) Confirming your offer to purchase subject to the corrected description or price; or
(b) Cancelling your offer to purchase and receiving a full refund of any prepayments.
5.2 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.
6.1 The delivery charges are as follows:
West Malaysia: RM14
East Malaysia: RM50
*delivery charges will be charged to the customers.
6.2 We shall endeavour to deliver the Goods you have offered to purchase within 7-10 working days after we receive your offer. If there are any delays, we will notify you of such delay as soon as possible.
6.3 Your order will be delivered to you during office hours (9am – 6pm), Monday to Saturday (Except public holiday). We are unable to specify the time at which the goods will be delivered to you.
6.4 All orders must be placed before 11.59pm local time to ensure that you receive your product within the specified delivery period. Please note that certain items may not be delivered within the specified delivery period due to the unavailability of stocks.
6.5 We can either deliver your goods to a house address or work address that you have specified during checkout. However, the delivery address must be in Malaysia.
6.6 A signature will be required upon delivery of the goods to you and the signature may be obtained from any person at the given delivery address. Receipt of a signature at the delivery address will be used to verify that the order had been delivered to you.
6.7 If nobody is present at the delivery address you have provided, the courier may leave a card with instructions included. You can then to choose to either: a) Contact the carrier to schedule a new delivery appointment or; b) Collect your goods from the courier depot.
6.8 If you failed to accept the delivery of your ordered goods or collect your goods from the courier depot within 2 weeks of our first attempt to deliver the goods to any specified address, we reserve the right to cancel your order, in which case we will terminate the delivery or collection of your ordered goods and is not refundable to you in full any prepayment which you have made under the applicable Contract.
6.9 We use Ninja Van as our delivery partner to deliver your order unless it is an area that is not covered by Ninja Van. Then we may use an alternative partner of Poslaju, Gdex or any others.
7.1 Storage temperature: Store between 18°C - 23°C
7.2 For all the Beryl's chocolate & cookies can be best kept before its expired date shown on the products label.
7.3 Beryl's chocolate products are sensitive to temperature, kindly store them in a cool, dry place and away from direct sunlight.
8.1 For the avoidance of doubt, our exclusion of liability extends to (but is not limited to) loss or damage due to:
(a) errors or omissions of information, materials or functions in or of this Website (or any websites linked to this Website);
(b) business interruption resulting from the use or inaccessibility of this Website (or any websites linked to this Website);
(c) 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);
(d) 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)
8.2 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.
8.3 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.
8.4 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.
RETURN & REFUND POLICY
9.1 We do not provide any refund and/or accept any return of our product unless it was incorrectly delivered or its packaging was damaged during transportation.
9.2 BERYL'S will not be held accountable for any products that have been acknowledged upon delivery. Therefore, we strongly urge customers to check the condition of their ordered goods before signing for acknowledgement.
9.3 Due to safety and hygiene reasons, all goods sold and received by customers are not returnable or refundable, even if it is not opened.
10.1 Every Ringgit Malaysia spent equal to one reward point.
10.2 Every twenty points redeem equal to One Ringgit Malaysia.
10.3 For example: 20 points redeem equivalent to RM 1; 100 points redeem equivalent to RM 5
11.1 We accept the following methods of payment.
- - MasterCard
- - VISA
Online Banking & E-Wallet:-
- - MAYBANK 2U
- - CIMB CLICKS
- - RHB NOW
- - HONG LEONG CONNECT
- - BANK RAKYAT
- - BANK ISLAM
- - AFFIN BANK
- - ALLIANCE ONLINE
- - AMBANK GROUP
11.2 Payment made using any of the methods mentioned in Clause 9.1 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 IPay88 Merchant services.
13.1 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.
13.2 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.
14.1 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.
14.2 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.
14.3 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.
14.4 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.
14.5 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.
14.6 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.
14.7 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.
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.