Your shopping cart is empty!
Smiley Foods Sdn Bhd.(hereinafter referred to as "the Company") hereby provides the terms,conditions and policies (hereinafter referred to as "the Policy") ofyour usage of the website of "domain.com" (hereinafter referred toas "the Website" which is an internet online shop owned and operatedby the Company as follows:
1.1. Scope of the Policy
The Policy prescribes the relationship between the Company andusers, in relation to the provisions of using the shopping service and the associated service (hereinafter both referred to as "the Service") onthe Website. Your access and use is conditional upon your acceptance and compliance with the Policy.
1.2. Agreement and Modification of the Policy
1.2.1. Upon accessing and/or using the Service or any materials on the Website, the user will be deemed to have accepted and agreed to be bound by the Policy.
1.2.2. The Company may amend and/or modify the Policy without prior consent of users when the Company deems that an amendment and/or modification is needed at its sole and absolute discretion. If the Policy is amended or modified, the Company shall announce it on its web-site or notify via E-mail. The modification shall come into effect when it is announced or notified and your use of the Website following such amendment and/or modification shall constitute your acceptance to be bound by the same.
1.2.3. If a user suffers a loss due to the amendment and/or modification, the Company shall not bear any responsibility under any circumstances whatsoever and the user unconditionally agrees to hold the Company harmless from any such loss.
1.3. Use of the Service
Upon using the Service, the user will be deemed to have irrevocably and unconditionally agreed to the Policy.
1.4. User Qualification
1.4.1. A user of the Website must be a natural person over the age of eighteen (18) years of age with capacity to contract or a lawfully constituted legal entity formed in and authorized to carry on business inaccordance with the laws of Malaysia.
1.4.2. Use of the Service is limited to a natural person of stipulated age and capacity who is a resident of Malaysia, or a lawfully constituted legal entity formed in accordance with the laws of Malaysia having its business address in Malaysia and in both cases having a valid and subsisting email account.
1.5. Termination of the Service and Deletion of Membership Registration
1.5.1. The Company may suspend providing the Service, delete membership registration and take any other measures that the Company deems necessary without prior notification to the user when a user's act or defaultfalls under one of the following cases;
188.8.131.52. The user fails to comply with the Policy at any time;
184.108.40.206. The user delays or defaults in paying any fees inrespect of the Service, paying for purchases on or through the Website or fails in other contractual fulfillments in respect of any transactions undertakenthrough or on the Website;
220.127.116.11. The user carries out any act or default or permits any act or default in breach of Section 8.4 (Prohibited Matters) of the Policy;
18.104.22.168. The user acts in any manner that the Company considers,at its sole and absolute discretion, may lead to a violation of or is aviolation of the Policy.
1.5.2. If any losses occur to the Company or any third partiesdue to a breach of the preceding clause by a user, the concerned user shall beliable for and shall compensate the Company and any third parties for all claims, proceedings, losses, costs expenses and monies whatsoever incurred or suffered by the Company and the said third parties (including legal fees on asolicitor-client basis). In the event of any inquiries, complaints or claims raised by third parties due to the breach, the user shall be solely responsible and liable to the said third parties to resolve such inquiry, complaint orclaim at his/her own cost and shall indemnify and keep indemnified and hold the Company harmless at all times in respect thereof.
1.6. Contents of Publication
1.6.1. User acknowledges and agrees that the Company does not guarantee the completeness and accuracy of any of the information or contents of the Website. A user shall use the Website at his/her own sole risk.
1.6.2. The Company has the absolute right to amend and/or modify, supplement, delete and/or repeal any of the contents published in theWebsite at its sole discretion.
1.7. Information Processing
A user may not use any information obtained through the Service for any purpose other than transacting on or through the Website for any purpose without the prior written permission of the Company.
Purchase of Products
2.1. Purchase of products
2.1.1. A user is entitled to purchase products through theService.
2.1.2. When a user wishes to purchase products, he/she shall order products according to the form the Company provides and this order isregarded as an application to the Company in the contract of product purchasing.
2.1.3. After a user orders products on the Website in the prescribed manner, the Website will send a mail to confirm the acceptance of the order and contents of the order. As for purchase of products, regardless ofthe form of payment and the form of delivery of the products, it is regarded thata contract of sales regarding the said ordered products between the user andthe Company comes into force when the Company, corresponding to the order mentioned in the preceding clause, transfers the concerned products to a delivery company notwithstanding that the user's obligation to make payment ofthe price of the products arises immediately from the confirmation of acceptance of the order.
2.2. Termination of Sales Orders
2.2.1. If any of the following cases happens, the Company may, without any liability whatsoever, cancel or terminate the said sales order confirmed according and pursuant to Clause 2.1.3. of the preceding article without prior notification:
22.214.171.124. The user fails to comply with the Policy at any time;
126.96.36.199. There has been a notice of payment denied from the debit card or credit card company designated by the concerned user;
188.8.131.52. An indication that the solvency of the user is in jeopardy or that the user may be unable to pay for the products ordered;
184.108.40.206. The products cannot be delivered due to an incorrect address or absence of the user at or about the time of expected or actual time of delivery;
220.127.116.11. A false or incorrect statement is found in the personal information provided by the user;
18.104.22.168. An order for products that would require an extended time to be received or to be produced due to any circumstances or reason whatsoever (User acknowledges and agrees that this may occur and includes acase where products were ready when the order was placed but are not so available afterwards or at or about the time of delivery);
22.214.171.124. The quantity of the order is beyond the limit of purchasable or available stock items;
126.96.36.199. The correct price of the products ordered is higher than the price displayed in the Website (the user acknowledges and agrees that the Company's decision (at its discretion) on the applicable price shall befinal and binding);
188.8.131.52. It comes to the knowledge of the Company that an order for the purpose of resale or profit has been accepted;
184.108.40.206. An order from a person with limited or no capacity to contract or an enterprise or entity not being duly and lawfully constituted and carrying on business in Malaysia has been accepted.
2.2.2. Besides the provisions mentioned in the preceding clause,the Company may cancel or terminate an order at any time and take any appropriate measures it deems appropriate if the Company is of the opinion that there is a dishonest act or an inappropriate act regarding or relating to theuse of the Service.
2.2.3. In the event of the preceding two clauses, the user shall be liable for and the Company may claim from the user for all losses, expenses,costs and damages whatsoever incurred by the Company due to the cancellation of an order pursuant to the foregoing. The user acknowledges and agrees that the user shall not be entitled to claim for any losses, expenses, costs and damages whatsoever from the Company if he/she suffers losses due to the cancellationand hereby irrevocably waives any such claim.
2.3.1. Methods of payment for products purchased through the Service are provided by the Company and a user may choose a method of payment as provided when he/she orders the products. A change of method is not permitted once confirmed without the prior written consent of the Company.
2.3.2. A user shall pay all the fees including the shipping,processing, handling and other prescribed charges.
2.3.3. Payment by debit card or credit card shall be inaccordance with the contract which is agreed between a user and his/her debitcard or credit card company. If a dispute arises between the concerned user and the debit card or credit card company, it shall be resolved between the concerned parties and the Company shall not bear any responsibility in respect thereof.
2.4.1. The user acknowledges that delivery of products is outsourced by the Company and the Company shall not be responsible to the user for any delay or non-delivery of the Products. A user may check notifications on the Website relating to the date of delivery of the products. Information onthe Website is only for reference and shall not be binding upon the Company.Delivery of products may be delayed in cases where the products are out of stock or cannot be delivered timely on holidays (including non-work days) ofthe Company, the suppliers and/or the delivery companies. The Company canprovide no assurance or guarantee that deliveries will be made within aprescribed period.
2.4.2. Packing of orders shall be at the sole discretion of the Company and the Company reserves the right to pack orders in such manner as it deems appropriate and the costs thereof shall be borne by the user notwithstanding that multiple packages may be required.
2.4.3. The Company reserves the absolute right to reject delivery to any location or place that the Company deems isolated or remote oroutside the area of coverage having regard to the nature of the orders placed.
2.5. Transfer of Ownership
2.5.1. Regardless of the methods of payment and forms of delivery, the ownership of all the products purchased through the Service is transferred to the user when the Company transfers possession of the products to a delivery company.
2.5.2. Risk in the products purchased shall vest in the user when the Company transfers possession of the products to a delivery company.
2.6. Return and Replacement of the Products
2.6.1. The Company accepts product returns and product replacements based on Return and Shipping Policy of smiley144.com
3.1. Customer Review Service
3.1.1. A user may use "Customer Review" on the Website. "Customer Review" is defined as a written review evaluation and other information relating to products on the Website which are contributed by users to the site designated by the Company.
3.1.2. A user is solely responsible for the contents of his/her Customer Review and shall ensure that the contents of such Customer Review are limited to the products concerned and do not contain any Prohibited Contribution as referred to in Section 3.4.
3.2.1. As for the specifications of "Customer Review Service" including the extent of products to which a user may contributeas "Customer Review", the frequency and limitations of such contributions, etc., will be determined by the Company at its sole and absolute discretion and subject to the provisions of the Policy, and by accessing the Customer Review Service the user shall be deemed to have unconditionally accepted the terms of usage of the Customer Review Service and shall not objectto the same.
3.2.2. The Company may modify in part or the whole of the specification in such manner as it deems fit from time to time and at any time and by accessing the Customer Review Service the user shall be deemed to have unconditionally accepted the terms of usage of the Customer Review Service and shall not object to the same. In the event any user claims to suffer a loss due to the modification of the said specifications, the Company shall not bear any responsibility under any circumstances whatsoever and the user unconditionally agrees to hold the Company harmless from any such loss.
3.3. Limitation of Functions
3.3.1. All users are able to use the function to browse the contributed "Customer Review", but only a registered member is ableto use the function to contribute to "Customer Review" and the function to evaluate the contributed "Customer Review".
3.4. Prohibited Contribution
3.4.1. A user shall ensure that any contribution to or content in a "Customer Review" shall not allude or refer to or contain any statement, in whole or in part, which may be construed as containing (withoutlimitation) any of the following prohibited contributions:-
220.127.116.11. Libel against the Company or third parties (includingbut not limited to manufacturers, distributors or persons dealing in any of the products or services on the Website);
18.104.22.168. Contents associated to crimes or criminal activity orto encourage crimes or criminal activity;
22.214.171.124. Contents breaching any laws of Malaysia;
126.96.36.199. Contents to produce publicity to any person, product,event or cause for purpose of profit or otherwise;
188.8.131.52. Contents preaching specific political and/or religious claims;
184.108.40.206. Contents calculated to cause or that may have the effect of causing injury to the reputation of the Company or third parties(including but not limited to manufacturers, distributors or persons dealing inany of the products or services on the Website) or to raise credit concerns;
220.127.116.11. Contents calculated to cause or that may have the effect of causing a violation or a possible violation of property rights, credit,privacy and other rights of the Company or third parties;
18.104.22.168. Contents to express discrimination;
22.214.171.124. Contents to be considered vulgar, harmful and coarse and other contents unpleasant to others;
126.96.36.199. Contents contrary to public orders or normal social conventions;
188.8.131.52. Contents containing personal information, e.g. name of a person, telephone number, mail address, residential address, place of work,credit card number, and bank account number;
184.108.40.206. Contents containing a harmful program or script;
220.127.116.11. Other contents that the Company deems asinappropriate.
3.4.2. When a user breaches any provision of the preceding clause, the Company may take any of the measures as follows:
18.104.22.168. Deletion of the " Customer Review" content breaching the preceding clause;
22.214.171.124. Deletion of all the "Customer Review"contents contributed by the user breaching the preceding clause in the past;
126.96.36.199. Suspending the use of "Customer Review";
188.8.131.52. Suspending or removing the user's access to the"Customer Review" and/or the Website;
184.108.40.206. Other measures that the Company deems as necessary,including but not limited to lodging complaints with relevant authorities.
3.5. Use of "Customer Review"
3.5.1. Users acknowledge and agree that the Company may use contents of "Customer Review" without notifying the user who contributed the relevant "Customer Review". By accessing and using the "Customer Review" section, users shall be deemed to have accepted and consented to the Company using or reproducing the contribution in any form,in whole or in part, including but not limited to quoting its contents,disclosing or reproducing the contribution in relation to or for any disclosure, offer, publication, online distribution and other forms without charge. All rights in the contributions shall be deemed vested in the Companyand for the avoidance of doubt, the user shall be deemed to have granted anirrevocable, unconditional, royalty free, perpetual licence to use to theCompany and the Company shall be absolutely entitled to use the contribution without reference to the user..
3.5.2. A user is not allowed under any circumstances to reproduce, convert, edit or copy the "Customer Review" content contributed by others unless otherwise expressly stipulated.
3.5.3. The Company shall be entitled to determine at its sole and absolute discretion the period of display and storage by the Company of"Customer Review" without reference to the user and a user may not object to this.
3.6. Responsibility of Users
3.6.1. A user of "Customer Review" shall be liable for and the Company may claim from the user for all losses, expenses, costs and damages whatsoever incurred by the Company or third parties (including legalfees on a solicitor-client basis) due to a breach of the Policy.
3.6.2. In the event of any inquiries, complaints and requests from third parties due to or related to "Customer Review" that alleges a breach of the Policy and violation of their rights, the relevant user responsible for or authoring the "Your Customer Review" shall besolely responsible and liable to the said third parties to resolve such inquiry, complaint or claim at his/her own cost and shall indemnify and keep indemnified and hold the Company harmless at all times in respect thereof.
3.9. Disclosure of Users Personal Information
3.9.1. In the event of a claim by a third party that a"Customer Review" contributed by a user has violated the privacy right of such third party or has otherwise caused damage to the third party orthe third party's reputation and a request or demand by such third party that the Company provides the said third party with the user's personal information,the user hereby agrees that the Company may disclose such personal informationof the user as the Company is obliged to disclose pursuant to the relevant laws and procedures.
3.10. Exemption Clause
3.10.1. All users of the Website and any person having access toor viewing the "Customer Review" do so with full knowledge and acceptance that the contributions to the "Customer Review" are the opinions of the respective user contributing the same and that the Company does not necessarily endorse or agree with such opinions shall not in any way be responsible for or guarantee the exactness, reliability, suitability,innocuousness, etc of the respective contributions.
3.10.2. The Company is under no obligation to monitor or moderate contributions to the "Customer Review" to verify compliance with the Policy and the user contributing the same undertakes to ensure that his/her contribution is so compliant with the Policy prior to submitting the same.
3.10.3. A user shall accept that there may be temporary or permanent suspension of the Service due to unavoidable circumstances such as system maintenance by the Company or malfunction of communication line,unavailability of Internet access etc., The user acknowledges and agrees that theuser shall not be entitled to claim for any losses, expenses, costs and damages whatsoever from the Company arising from or relating to the said suspension.
3.10.4. In addition to the preceding clauses, the user agrees that the Company does not bear any responsibility whatsoever for any loss of auser arising from or related to his/her use of the Service and hereby irrevocably waives any such claims against the Company.
3.11.1. The Company is not obliged to and shall not engage or respond to any inquiry from any user or other person in relation to the contents of "Customer Review".
4.1. Granting and use of Gift Voucher
4.1.1. The Company may, subject to such terms and conditions as determined by the Company at its discretion, grant a gift voucher to an unspecified user. The user who receives a gift voucher is able to use and enjoy certain discounts according to the amounts of Products purchased after membership registration.
4.1.2. The Company may at its sole and absolute discretion decide on the terms and conditions for the issuance of a gift voucher .
5.1. No order and payment will be made until our sales personnel provides quotation to you.
5.2. All goods sold are not refundable.