1. Introduction

These Terms and Conditions (“Terms”) govern your access to and use of the website at https://minyakkuda.com (the “Website”) and your purchase of physical goods offered for sale by HERBA PLUS HOLDING SDN. BHD. (Company No. 202101008639 (1408938-V)), trading as HERBA PLUS HOLDING SDN. BHD. (“we”, “us”, “our”). By accessing, browsing or using the Website, or by placing an order, you agree to be bound by these Terms. If you do not agree, you must not use the Website.

These Terms should be read together with our Privacy Policy and any other policy published on the Website, each of which forms part of the agreement between you and us.

1.1 Role of the Payment Processor

Payments made on the Website are processed by Bayarcash Sdn. Bhd. (Company No. 202201040365) of Kota Bharu, Kelantan, Malaysia (the “Payment Processor”). The Payment Processor acts solely as an independent third-party provider of payment-processing services. It is not the seller, supplier, merchant of record or counterparty to any purchase, and it does not own, control or operate the Website.

HERBA PLUS HOLDING SDN. BHD., and not the Payment Processor, is the seller of record and your sole counterparty in respect of any goods you purchase. All questions concerning your order, the goods, shipping, delivery, returns, refunds or your personal data must be directed to HERBA PLUS HOLDING SDN. BHD. in the first instance. The Payment Processor is not responsible for the goods, their quality, fitness or delivery, or for any dispute between you and us.

2. Definitions

In these Terms, the following words have the meanings set out below:

Term

Meaning

Goods

The physical products offered for sale on the Website and shipped or delivered to you.

Merchant

HERBA PLUS HOLDING SDN. BHD., trading as HERBA PLUS HOLDING SDN. BHD., the seller of record.

Order

Your offer to purchase Goods through the Website.

Payment Processor

Bayarcash Sdn. Bhd. (Company No. 202201040365), the independent third party that processes payments.

User, you, your

Any visitor to, or customer of, the Website.

Website

The website operated by the Merchant at https://minyakkuda.com.

3. General

We may change, move or remove any part of these Terms or the content of the Website at any time. We reserve the right to amend these Terms without prior individual notice; any change takes effect from the date the revised Terms are published on the Website, and the “lastUpdated” date above will be revised accordingly. Your continued use of the Website after any change constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

If you breach these Terms, we reserve the right to take appropriate action, including suspending or denying your access to the Website and cancelling any affected Order.

4. Eligibility and Capacity

To place an Order, you must be at least 18 years of age and have the legal capacity to enter into a binding contract under the Contracts Act 1950. If you are below 18, you may use the Website and transact only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. By placing an Order, you confirm that you meet these requirements and that the information you provide is true, accurate and complete.

5. Site Content and Intellectual Property

Unless otherwise stated, all materials on the Website — including text, images, illustrations, designs, icons, photographs, video clips, logos and other written and graphic materials (the “Content”) — are the copyright, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by HERBA PLUS HOLDING SDN. BHD..

You may view and use the Content for the purpose of browsing and purchasing Goods for your own personal, non-commercial use. You must not copy, reproduce, republish, distribute, modify or create derivative works from the Content without our prior written consent. Nothing in these Terms transfers to you any right, title or interest in the Content.

6. Product Information and Accuracy

We take reasonable care to describe and present the Goods accurately. However:

  1. The colours, dimensions and appearance of Goods shown on the Website may vary from the actual Goods, depending on your device, display and settings;

  2. From time to time, the Website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, availability or other information; and

  3. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information (including prices and availability) at any time without prior notice.

Where a pricing or description error affects an Order you have placed, we may cancel that Order and refund any amount you have paid for the affected Goods, subject to our Refund Policy and Section 8.

7. Orders and Acceptance

Your submission of an Order is an offer to purchase the Goods subject to these Terms. All Orders are subject to acceptance and availability. We may, at our discretion, decline or cancel an Order — for example, where the Goods are unavailable, where there is a pricing or description error, where payment is not authorised, or where we reasonably suspect fraudulent or unauthorised use. A binding contract is formed only when we confirm acceptance of your Order or dispatch the Goods, whichever is earlier.

8. Pricing and Payments

Prices for the Goods are stated on the Website and are inclusive or exclusive of taxes and delivery charges as indicated at checkout.

Payment may be made through the payment methods made available at checkout, which are processed by the Payment Processor. Payment cards (credit or debit cards) and other payment instruments are subject to validation checks and authorisation by your card issuer or payment provider. If we do not receive the required authorisation, we will not be liable for any delay in, or non-delivery of, your Order.

You agree that:

  1. You are authorised to use the payment instrument you provide and that the payment details are true and accurate;

  2. The Payment Processor processes your payment solely as an independent third-party service provider and is not a party to your purchase contract; and

  3. We and the Payment Processor may carry out checks that are reasonably necessary to verify your identity and the legitimacy of a transaction, and may decline, hold or cancel any transaction reasonably suspected to be fraudulent, unauthorised or non-compliant with applicable law, including the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA”).

9. Shipping, Delivery and Risk

We will make reasonable efforts to ship and deliver the Goods within any estimated timeframe communicated to you. Delivery times are estimates only and are not guaranteed. Risk in the Goods passes to you on delivery to the address you provide. Title to the Goods passes to you once we have received payment in full.

You are responsible for providing a complete and accurate delivery address. We are not liable for delay, non-delivery or loss arising from an incorrect or incomplete address you provide, or from circumstances beyond our reasonable control.

10. Returns and Refunds

Your rights to return Goods and obtain a refund, repair or replacement are set out in our Refund Policy (where published on the Website) and in accordance with your statutory rights under the Consumer Protection Act 1999. Where the Goods you receive are faulty, damaged, not as described or otherwise not in conformity with the contract, you may be entitled to a remedy. Please contact HERBA PLUS HOLDING SDN. BHD. using the details in Section 16, retaining your invoice or proof of purchase.

Any refund is processed through the original payment method via the Payment Processor. The Payment Processor’s role is limited to facilitating the return of funds at our instruction; it has no discretion over, and no liability for, any refund decision, which rests solely with HERBA PLUS HOLDING SDN. BHD..

11. Comments and Feedback

If you submit comments, feedback, reviews or other content to us or through the Website, you agree that such submissions:

  1. Will not violate the rights of any third party, including copyright, trademark, privacy or any other personal or proprietary right;

  2. Will not contain any unlawful, abusive, defamatory or obscene material; and

  3. May be used by us in connection with our business, without obligation of confidentiality (save as required by the Personal Data Protection Act 2010 (“PDPA”)) and without further compensation to you.

You are solely responsible for the content of any submission you make.

12. Newsletter and Marketing Communications

If you have purchased from us or otherwise consented, we may send you newsletters and updates regarding our latest news, products and promotions by email or other means. You may opt out of receiving marketing communications at any time by using the unsubscribe link in any such communication or by contacting us. We handle your personal data in accordance with our Privacy Policy and the PDPA.

13. Links to Other Sites

The Website may contain links to third-party websites that are not operated or controlled by us. We provide these links for your convenience only. We are not responsible for the content, products, services, availability or privacy practices of any third-party site, and any access to such sites is at your own risk. We are not liable for any loss or damage arising from your use of, or reliance on, any third-party site.

14. Indemnification

You agree to defend, indemnify and hold harmless HERBA PLUS HOLDING SDN. BHD., its directors, officers, employees and agents from and against any and all claims, damages, losses, costs and expenses (including reasonable legal fees) arising out of or related to your breach of these Terms, your misuse of the Website, or your violation of any law or the rights of any third party. Nothing in this Section limits any liability that cannot be excluded or limited under applicable law, including the Consumer Protection Act 1999.

15. Termination

These Terms remain in effect while you use the Website. You may stop using the Website at any time. We may suspend or terminate your access to the Website, and decline or cancel Orders, where you fail to comply with these Terms or where we reasonably consider it necessary to protect the Website, other users or our legitimate interests. Termination does not affect any rights or obligations that accrued before termination, including payment obligations for Goods already delivered.

16. Governing Law and Severability

These Terms, and any matter arising out of or in connection with them, are governed by and construed in accordance with the laws of Malaysia, and you submit to the exclusive jurisdiction of the courts of Malaysia. If any provision of these Terms is held to be invalid, unlawful or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

17. Contact Information

If you have any questions, requests or concerns about these Terms, your Order or the Goods, please contact us:

Field

Detail

Merchant

HERBA PLUS HOLDING SDN. BHD. (trading as HERBA PLUS HOLDING SDN. BHD.)

Registration No.

202101008639 (1408938-V)

Address

LOT 11165-5 KG DANGAR , 17000 PASIR MAS, KELANTAN

Website

https://minyakkuda.com

Support Email

[email protected]

For matters relating specifically to payment processing, the Website’s payments are handled by the Payment Processor:

Field

Detail

Payment Processor

Bayarcash Sdn. Bhd. (Company No. 202201040365)

Address

kota bharu kelantan

Email

[email protected]

For all questions concerning your Order, the Goods, shipping, delivery, returns, refunds or your personal data held by us, you must contact HERBA PLUS HOLDING SDN. BHD. in the first instance using the contact details above. HERBA PLUS HOLDING SDN. BHD. is the seller of record and your sole counterparty, and the Payment Processor is an independent third party that provides payment-processing services only and is not responsible for the Goods, their delivery, or any dispute between you and HERBA PLUS HOLDING SDN. BHD..

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