Terms and Conditions | HWC Coffee
Terms and Conditions

1.  In this Agreement, unless the context otherwise requires:

a.  references to persons shall include individuals, bodies corporate (wherever incorporated), unincorporated associations and partnerships;

b.  the headings are inserted for convenience only and shall not affect the construction of this Agreement;

c.  references to times of the day are to local time in Malaysia unless otherwise stated;

d.  references to RM are to the lawful currency of Malaysia;

e.  words importing the singular number shall include the plural and vice versa;

f.  words importing the masculine gender shall include the feminine and neuter genders and vice versa;

g.  references to any agreement or document shall include such agreement or document as amended, varied, novated, supplemented or replaced from time to time; and

h.  any reference to an enactment or statutory provision is a reference to it as it may have been, or may from time to time be modified, consolidated, or re-enacted.

 

2.   RECITALS

2.1  The Platform provides a place and opportunity for the sale of Goods between HWC COFFEE  and the Customer (collectively “Parties”). The Customer is offered the preference of purchasing the Goods listed for sales by either HWC COFFEE , Biz Partner or Third-Party Vendor, that may be stated on the webpage listing such Goods.

2.2  Where the Customer has placed an order on the Platform for the purchase of Goods sold by HWC COFFEE  and HWC COFFEE  has accepted the same, this shall constitute an Agreement entered into directly between the Customer and HWC COFFEE .

2.3  Any information made available on the Platform in relation with the supply of Goods, including drawings, photograph, images, or data about the extent of appearance, performance, delivery, dimensions, weight, consumptions of operating materials, operating costs or any other information disclosed by HWC COFFEE , Biz Partner, Third-Party Vendors through the Platform are not binding but merely for information or illustration purposes only. The Customer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.

2.4  HWC COFFEE  shall in its reasonable endeavours, to provide precise description of the Goods to the Customer in the Platform. HWC COFFEE  make no warranty that such description is updated, free from error and accurate at all times. Should the Customer receive the Goods that is fundamentally different from the Goods as described on the Platform and which the Customer has order, Clause 7 shall then be applicable.

2.5  Any typographical or other error or omission in any invoice or other document or information issued by HWC COFFEE  in its website shall be subject to correction without any liability on the part of HWC COFFEE .

 

3.  ACCOUNT REGISTRATION

Customer is required to create its own account on the Platform. The username and password (“ID”) of the account created are for the sole and exclusive use of the Customer. The Customer shall not disclose its ID to any unauthorized third party without prior written consent of HWC COFFEE . HWC COFFEE  shall not be liable for any losses, damages, issues, and problems caused by any unauthorized use, abuse of misused ID as a result thereof.

3.1  Customer Eligibility

In order to be eligible to register the account in HWC COFFEE , you must:

(i)   be a natural person and not a company, partnership or other commercial or non-commercial entity;

(ii)   be at least 18 years old at the time of any Goods placed by you;

(iii)  have a valid email address;

(iv)   have a mobile telephone number issued by a Malaysian telecommunication carrier;

(v)   have a billing address and shipping address located in Malaysia; and

(vi)   own a valid Credit Card or Debit Card which you can use to make payments on the HWC COFFEE .

3.2  Customer eligibility is assessed and determined upon each placement of Goods Customer make, and HWC COFFEE  reserves the right to deny, suspend or terminate the provision of the Services to Customer in the manner in the event that Customer fail to meet the eligibility requirements set out in Clause 3.1 at any time, and you shall have no right of recourse or appeal against such decision.

3.3  HWC COFFEE  may limit Customer access to Customer Account in the following ways:

(i)   where you have failed to pay any Instalment(s) by the Scheduled Due Date and within any accompanying grace period (where applicable), HWC COFFEE  may suspend you from making further Orders and subsequently, where your debts to HWC COFFEE  have been referred to a third party debt collection agency, HWC COFFEE  will block access to your Account; and

(ii)  where HWC COFFEE  has reasonable cause to suspect that you have been involved in any Nefarious Behaviour within the Payment System, HWC COFFEE  shall:-

(a)  reserves the right to conduct investigations, with internal and external third-parties, to determine the extent and impact of the suspected Nefarious Behaviour;

(b)  may seek your cooperation and assistance in dealing with such activities;

(c)  may request immediate payment from you for all outstanding debts only to HWC COFFEE  for such Account(s);

(d)  reserves the right to suspend any Account(s) associated with you until such time as such Nefarious Behaviour is halted or restricted to the satisfaction of HWC COFFEE ;

(e)  reserves the right to temporarily suspend or permanently block you from using or participating in the Payment System or its network of participating Biz Partner;

(f)  may, at its sole discretion, close any Account(s) whether associated with the suspected Nefarious Behaviour or otherwise; and

(g)  reserves the right to report such behaviour to the relevant authorities.

3.4  HWC COFFEE  may cease and close your Account:

(i)  without your consent or prior notice, if HWC COFFEE  becomes aware that any Account associated with you is being used by a third party or has been compromised in any way whether as a result of your actions or inactions or otherwise;

(ii)   if HWC COFFEE  considers that you are using the Payment System inappropriately, illegally, or against the spirit of these Terms and Conditions;

(iii)  if you have not paid your outstanding debts to HWC COFFEE ;

(iv)  your failure to pay persists despite HWC COFFEE  putting in place a suitable repayment plan;

(v)  your outstanding debts have been referred to a third-party agency for collection;

(vi)  such collection has been carried out with limited or no success.

3.5  Validations, Checks and Risk Assessments

In respect of any Order, HWC COFFEE  will conduct the following checks and assessments:

(a)  real-time checks and validations on the Biz Partner’s eligibility, exposure limit, product risk and other matters relating to Biz Partner and the transaction;

(b)  real-time checks and validations on your eligibility; and

(c)  the risks associated with the Products in the Order and your potential capability to repay the overall debt, and where HWC COFFEE  is satisfied of the eligibility of both you and the Biz Partner at the time of making of the Order.

3.6  Customer Obligation

You shall:

(a)  use the Payment System in accordance with the operating procedures determined by HWC COFFEE  from time to time;

(b)  keep your contact details up-to-date;

(c)  supply all information requested by HWC COFFEE  in a timely and truthful manner;

(d)  not provide HWC COFFEE  with any information that is false, misleading, untrue or inaccurate in its nature (including any claim of false identity);

(e)  immediately inform HWC COFFEE  of any actual or potentially fraudulent activities which your payment method has or may have been involved in, and allow HWC COFFEE  to share such information with third-party payment providers for the purposes of reducing further fraudulent activities;

(f)  be solely responsible for any matters relating to tax or additional fees arising from your use of the  Payment System

(g)  be responsible for your Account, its use and ongoing security, and shall not permit any unauthorized person or other entity to access your Account at any time unless required by law;

(h)  not use your Account to purchase Products for third parties for the purposes of receiving further or additional payments from such third parties;

(i)  use your Account in a responsible and lawful manner and not use your Account to procure any goods or services that are illegal or unlawful in nature or in a manner that contravenes any AML Laws; and

(j)  to the fullest extent permitted by law, cooperate with HWC COFFEE  in the event of any investigation performed by HWC COFFEE , any third-party or any legal, governmental or regulatory authority in relation to any Order, payment or matter related to your Account.

3.7  Credit Check

(a)  Pursuant to the Credit Reporting Agencies (CRA) Act 2010 and Central Bank of Malaysia Act 2009, the Customer hereby full consent to HWC COFFEE  to process the Seller personal data. The Customer authorises HWC COFFEE  and/or its agents and/or representatives to make necessary inspection and/or inquiries to verify the information provided to HWC COFFEE  by the Customer from time to time;

(b)  The Customer consents to HWC COFFEE  disclosing relevant personal data and/or credit information of the Customer to any credit reporting agency and authorises HWC COFFEE  to receive the Customer’s credit report from the credit reporting agency. The Customer agrees that such disclosure of information and obtaining of credit reports can be performed by HWC COFFEE  at any time during and/or after the cessation of relationship between HWC COFFEE  and the Customer, including when there is any default/outstanding amount due to HWC COFFEE  from the Customer; and

(c)  HWC COFFEE  is entitled to take necessary measures to recover the any outstanding amount and/or payment(s) that incurred from the Customer, including but not limited to third party means, that is CTOS, collection agencies and legal proceeding to be taken against the Customer to recover such outstanding amount where it remain in arrears of more than 14 days.

(d)  The Customer hereby agree and give the full consent to HWC COFFEE  and appointed agents to collect and process the Customer personal information to CTOS for CTOS to conduct credit check and disclose the credit information including CCRIS and DCHEQS to HWC COFFEE  and for HWC COFFEE  to conduct credit assessment and to facilitate debt recovery process whenever is applicable in accordance with HWC COFFEE  Privacy Policy.

 

4.   ORDERS PLACEMENT

4.1   Customer shall purchase the Goods displayed on the Platform by placing an electronic order. All purchases can be completed upon the placing and completion of the order form on the Platform by the Customer.

4.2   Customer shall be solely responsible for ensuring the accuracy of the order placement. All orders placed shall be subjected to HWC COFFEE ’s acceptance in its sole discretion. Each order accepted by HWC COFFEE  shall be deemed to be irrevocable and unconditional upon transmission through the Platform. HWC COFFEE  shall be entitled to process such orders without further consent from the Customer. Nonetheless, customers may request to withdraw or modify the order which HWC COFFEE  shall endeavour to give effect to on a commercially reasonable effort basis.

4.3   The Agreement shall be deemed completed after HWC COFFEE  accepted the order from Customer by issuing a purchase confirmation acknowledgement to the Customer. HWC COFFEE  shall be entitled to refuse or cancel any order without giving any reasons for the same to the Customer prior to issue of the confirmation acknowledgement. HWC COFFEE  requires the Customer to furnish the contact and other verification information, including but not limited to address, contact numbers prior to issuing a purchase confirmation acknowledgement.

4.4   No concluded Agreement  may be modified or cancelled by the Customer except with prior written consent from HWC COFFEE  and on terms that the Customer shall indemnify HWC COFFEE  in full against all loss including loss of profit, costs, damages, charges and expenses incurred by HWC COFFEE  as a result of the modification or cancellation, as the case may be.

 

5.  PRICE

5.1   The price of the Goods shall be the price stated and displayed on the Platform at the time which the Customer places and completes the order form on the Platform. The price shall include any applicable sales and services tax, value added tax or similar tax which the Customer shall be liable to pay to HWC COFFEE  in addition to the price (excluding all the delivery charges that may incur).

5.2   Should there be any occurrence of Goods mispricing on the Platform, HWC COFFEE  reserves the absolute right to terminate the Agreement prior to three (3) days’ notice to notify the Customer of such cancellation. HWC COFFEE  shall have right to terminate the Agreement notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Customer

 

6.   PAYMENT METHODS

6.1    All payments shall be made to HWC COFFEE  for the purchases on the Platform. Customer acknowledges that HWC COFFEE  is entitled to collect payments from Customer.

6.2    The Customer acknowledges that HWC COFFEE  has entered into agreements with Online Payment Gateway Provider (“GlobalPay”) for them to provide payment facilities and services for the Goods selling through the Platform. The Customer hereby agrees that all duties, obligations, responsibilities, and liabilities of HWC COFFEE  in any of such past, present and future agreements (collectively, known as “Payment Guidelines”) shall also apply equally to the Customer.

6.3  The terms and conditions applicable to each type of payment, as prescribed by HWC COFFEE  on the Platform, shall be applicable to the Agreement. The payment methods may also be subject to the following terms:

(i)   Credit Card

Credit card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in. HWC COFFEE  accepts all MasterCard and Visa credit cards that is 3D Secure enabled. Kindly note that extra charges could be imposed if Customer is using a non-Malaysian issued card due to foreign exchange rate.

(ii)   Debit Cards

HWC COFFEE  accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.

6.4   Customer shall not claim against HWC COFFEE  for any failure, disruption, or error in connection with the Customer’s chosen payment method. HWC COFFEE  reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without further reason or notice to the Customer.

6.5   Should the Customer fails to make any payment or payment is cancelled for any whatsoever reasons, without prejudice to any other right or remedy available to HWC COFFEE , HWC COFFEE  shall be entitled to: -

(i)   rescind the Agreement until payment is made in full; and/or

(ii)  to impose one percent (1.0%) per month being the interest on the unpaid amount until full payment is made by the Customer.

6.6   The refunds of Goods shall be determined in accordance with the Return Policy. The Customer agrees that HWC COFFEE  reserves the right to change the terms and conditions in this Return Policy from time to time. HWC COFFEE  has no guarantee of any nature for the timeliness of the refunds and the processing of payment may take time and be subjected to payment provided by the internal timeline.

6.7   All payments for the purchased Goods must be made to HWC COFFEE  using the payment methods made available on the Platform only. HWC COFFEE  shall not be held responsible for any losses which may arise from payments made through payment methods apart from the available payment methods on the Platform.

 

7.   DELIVERY/PERFORMANCE

7.1   Customer shall ensure the accuracy of the delivery address upon successful purchase of the Goods on the Platform.

7.2   HWC COFFEE  has the right at any time,  to assign  all or any of its obligations for the sale/delivery of the Goods to any other party as  from time to time without giving notice of the same to the Customer.

7.3   Any stated delivery dates are approximate, and delays may occur. The time for delivery/performance shall not be of the essence. HWC COFFEE  shall not be liable for any delay in delivery or performance howsoever caused.

7.4   If Customer failed to receive the Goods within a reasonable time, the Customer may notify HWC COFFEE  via a written notice and entitled to demand performance within a specified time that shall not less than fourteen (14) days. In the event HWC COFFEE  fails to deliver at the specified time, Customer has the option to terminate the Agreement by claiming a refund on the undelivered Goods.

7.5   Where the Goods have been delivered to the Customer even after such refunds have been claimed by the Customer pursuant to Clause 6.4 above, Customer shall immediately notify HWC COFFEE  on the same. The property in the Goods shall not pass to the Customer and Customer shall hold the Goods as HWC COFFEE 's fiduciary agent and bailee and shall keep the Goods separate from those of the Customer. HWC COFFEE  shall be entitled at any time to demand the Customer to deliver up the Goods to HWC COFFEE  designated spot. In the  event of non-compliance HWC COFFEE  reserves its right to take legal action against the Customer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Customer.

7.6   If the Customer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Customer 's reasonable control or by reason of HWC COFFEE ’s fault) then without prejudice to any other right or remedy available to HWC COFFEE , HWC COFFEE  may:

(i)   sell the Goods at the best price readily obtainable and account to the Customer for the excess over the price under the Agreement provided the price has been paid in cleared funds in full; or

(ii)  terminate the Contract and claim damages.

 

8.  RETURN, REPLACEMENT OR REFUND

8.1   All Goods sold on the Platform is covered under the Return Policy.  Customers may initiate the returns process by communicating with HWC COFFEE  through the Platform. Please refer to Refund Policy for further information.

8.2   Customer may apply to return the purchased Goods to HWC COFFEE  in exchange for a replacement or a refund on the Platform. Customers shall ensure that the purchased Goods is returned to HWC COFFEE  within fourteen (14) calendar days from the delivery date, depending on the applicable Return Policy. For avoidance of doubt, the commencement day starts from the date the Customer received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact HWC COFFEE  within 48 hours of receiving the delivery to expedite the claim process.

8.3   Customer may contact HWC COFFEE  directly via the Platform for any queries or complaints In the event that Customer is unable to resolve any dispute by amicable negotiations, HWC COFFEE  reserves the right to suggest and implement appropriate resolution at its sole discretion.

 

9.  RISK AND PROPERTY OF THE GOODS

9.1  The property in the Goods shall not pass to the Customer until HWC COFFEE  has received payment or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by HWC COFFEE  to the Customer for which payment is then due.

9.2  Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as  fiduciary agent and bailee and shall keep the Goods separate from those of the Customer.

9.3  The Customer shall immediately notify HWC COFFEE  of any matter from time to time affecting Biz Partner’s title to the Goods as well as providing any information relating to the Goods as HWC COFFEE  may require from time to time.

9.4  The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of HWC COFFEE  but if the Customer does so all moneys owing by the Customer to HWC COFFEE  shall (without prejudice to any other right or remedy of HWC COFFEE ) forthwith become due and payable.

9.5  The Customer shall indemnify HWC COFFEE  against all loss damages costs expenses and legal fees incurred by HWC COFFEE  in connection with the assertion and enforcement of HWC COFFEE ’s rights under this condition.

 

10.  TERMINATION

10.1   Without prejudice to any other right of termination elsewhere in this Agreement, HWC COFFEE , may stop any Goods in transit, suspend further deliveries to the Customer and/or terminate the Agreement with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:

(i)   the Goods being unavailable for any reason on the Platform; and/or

(ii)  the Goods has been mispriced on the Platform.

 

11.  REPRESENTATIONS AND WARRANTIES

11.1   Subject as expressly provided in these Conditions, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.

11.2  HWC COFFEE ’s above warranty concerning the Goods is given subject to the following conditions:

11.2.1    Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.

11.2.2    No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to HWC COFFEE .

11.2.3    HWC COFFEE  binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of HWC COFFEE 's opinion in that behalf.  HWC COFFEE  is not liable for any such special or particular description which may have been provided by Third Party Vendors through the chat system. HWC COFFEE  does not give any warranty as to the quality state condition or fitness of the Goods.

11.2.4    HWC COFFEE  shall be under no liability for the following measures and actions taken by the Customer for the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of HWC COFFEE  addition and insertion of parts, in particular of spare parts which do not approved or recognized by HWC COFFEE .

11.2.5    HWC COFFEE  shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Customer fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow HWC COFFEE 's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without HWC COFFEE 's approval.

11.2.6    HWC COFFEE  is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without HWC COFFEE ’s prior written approval and the Customer shall fully indemnify HWC COFFEE  against each loss liability and cost arising out of such claims.

11.2.7    HWC COFFEE  shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.

11.2.8    HWC COFFEE  shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.

 

12.  EXCLUSION OF LIABILITY

12.1   In no event shall HWC COFFEE  be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Customer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if HWC COFFEE  had been advised by the Customer of the possibility of incurring the same.

12.2   The cumulative maximum liability of HWC Coffee  under or in connection with this Agreement irrespective of the basis of claim shall be limited in accordance with the provisions of this clause i.e. shall not exceed the sums that the Customer have paid to HWC COFFEE  under this Agreement.

12.3   No action shall be brought against HWC COFFEE  later than twelve (12) months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than twelve (12) months after the end of the Warranty Period.

 

13. Gift Voucher / Cash Voucher

13.1 The voucher is valid until the date mentioned on the voucher and only applicable for walk-in redemption at any HWC Coffee Outlets or Brand Store.

13.2 The voucher is non-refundable and cannot be exchanged for cash in part or full and is valid for a single transaction only

13.3 Strictly no extension of the expiry date from the date of issue will be allowed

13.4 The management retains the right to reject any voucher that has been tampered with or found in any way unacceptable

13.5 We are not responsible if a Gift Voucher is lost, stolen, damaged or destroyed and no replacement will be provided in these circumstances

13.6 The voucher may not be applicable for online purchase and third parties ordering.

13.7 Not valid with any other voucher, promotion and discounts.

 

14.  GENERAL

14.1   Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to HWC COFFEE , to its registered office or principal place of business and if to the Customer, to the address stipulated in the relevant order.

14.2   HWC COFFEE  shall not hold  liable for non-performance, error, interruption or delay in the performance of its obligations under this Agreement (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond HWC COFFEE ’s reasonable control.

14.3   The failure of any party to insist on the performance of any obligations hereunder shall not act as a waiver of such obligation. No waiver, modification, release or amendment of any obligation under this Agreement shall be valid or effective unless in writing and signed by the parties hereto. However, it is the intention of the parties that this Agreement be controlling over additional or different terms of any purchase order, confirmation, invoice or similar document, even if accepted in writing by the parties, and that waivers and amendments shall be effective only if made by non-pre-printed Agreements clearly understood by the parties to be an amendment or waiver.

14.4   The Customer must discharge all legal avenues against Third Party Vendors should any dispute, controversy or claim arises out of or relates to the Agreement, or the breach, termination or invalidity thereof, prior to bringing a claim against HWC COFFEE .

14.5   The Contract shall be governed by the laws of Malaysia and the Customer agrees to submit to the jurisdiction of the Courts in Malaysia.

14.6   Any such actions brought against HWC COFFEE  for any dispute, controversy or claim arising out of or relating to the Agreement, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.

14.7  These terms and conditions  as stipulated herein shall constitute the entire agreement between HWC COFFEE  and the Customer relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

14.8   HWC COFFEE  reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as HWC COFFEE  deems appropriate.

14.9   Any typographical, clerical or other error or omission in any acceptance, invoice or other document on HWC COFFEE ’s part shall be subject to correction without any liability on HWC COFFEE ’s part.