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Terms and Conditions

Welcome to www.maisondegigi.store(“Website”) and/or the Maison de Gigi mobile application (“App”). The Website (and domain name) and the App are owned and operated by Maison de Gigi Sdn. Bhd. (Company Number 1104339-X) (“Maison de Gigi”, “we” or “us”).

Use of the Website and/or the App constitutes acceptance of the terms and conditions (including the Privacy Policy) (“Terms”) and a binding agreement (“Agreement”) between the user (“User” or “You”) governing the use thereof. The Terms also apply mutatis mutandis to corporate users who have purchased Plans (as defined below) and made payment otherwise than through the Website or App.

Prior to using the Website and/or the App, please ensure that you have read and understood the Terms. If you do not understand the Terms, please call or e-mail us to seek clarification before such use. By accessing the Website and/or the App, you acknowledge and agree to be bound by the Terms. If you do not agree to the Terms, please leave the Website and/or exit the App immediately.

The Terms may be updated by us from time to time in our sole discretion without notice. You should check this page regularly to take notice of any changes we may have made to the Terms.

Terms and Conditions (“Terms”)

1. Your Account
1.1 You will need to open and maintain a valid online account with us (“Account”). Your orders and purchases of products comprising either Goods (as defined below) and/or Plans (as defined below) and the topping-up of credit can only be effected through your Account.

1.2 You may register for an Account through the Website and/or the App if you are 18 years of age and above and possess a valid credit or debit card issued by a bank acceptable to us. Residents and non-residents of Malaysia may register. We reserve the right to refuse your application for registration. For corporate accounts, please call or e-mail us for further information.

1.3 Your Account will be activated once we have (in our sole discretion) accepted your registration for an Account. Use of your Account shall be governed by the Terms.

1.4 Upon activation, you may purchase Goods and/or Plans through your Account in accordance with the Terms.

1.5 Your Account is only valid for use online for delivery of Goods (as defined below) to addresses or at specified Maison de Gigi outlets (including Maison de Gigi vending machines) (“Outlets”) in Malaysia (including Sabah and Sarawak, subject to additional delivery charges as applicable) only.

1.6 You are responsible for maintaining the confidentiality of your account, user login and password. You agree to accept sole liability and responsibility for all activities that occur under your account and in respect of your user login and password. We reserve the right not to process any orders for Plans or Goods or otherwise limit the use of your Account if we reasonably believe that the use is unauthorised, fraudulent or otherwise unlawful.

2. Product Offerings
2.1 We offer the following products for sale through our Website and/or App:

(a) Goods

Being exclusive Maison de Gigi coffee beans and/or other physical goods or services (“Goods”). You may use either your credit or debit card or your Credits (as defined below) to purchase Goods; and

(b) Plans

Being a subscription for one or more types of plans, consisting of your purchase of Credits (as defined below) (each a “Plans” and collectively, “Plans”). You may only use your credit or debit card to purchase Plans. Plans may be subject to separate terms and conditions which will be deemed to be incorporated herein.

2.2 Credits

When you purchase a Plan, the stated monetary value therefor will be reflected in your account as a credit of a similar value (RM1.00 = 1 credit) (each, a “Credit” and collectively, “Credits”). Credits will be denominated in Ringgit Malaysia. You may utilise the Credits for future purchases of Goods whether online and/or at Outlets. Credits purchased through a Plan do not have an expiry date and can only be utilised to pay for Goods. Credits cannot be cancelled or exchanged for cash in return. Where you have utilised all or most of your Credits, you may top-up your Plan by the purchase of additional Credits through your Account using your credit or debit card.

2.3 Points

Reward points (each a “Point” and collectively, “Points”) will be awarded to you for Credit you spend in purchasing Goods at such rate as we may determine in our sole discretion. Points accumulated will be converted to free Credits and these will be credited to your Account, all at such time and in such manner as we may decide in our sole discretion.

3. Placing Orders for Goods and Plans
When you place an order for Goods or Plans, you will receive an acknowledgement email confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the Goods or Plans will not be formed until payment therefor has been received by us. We reserve the right not to process any orders for Goods or Plans or otherwise limit the use of your Account if we reasonably believe that the use is unauthorised, fraudulent or otherwise unlawful. For more information about our returns and refunds, please see our Orders Page.

4. Terms of Sale of Plans and Goods
4.1 Pricing and Availability

(a) By placing an order, you are offering to purchase Plans or Goods on and subject to the Terms. All orders are subject to availability and confirmation of the order price. In respect of Goods, dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal or courier delays or force majeure for which we will not be responsible.

(b) Whilst we try and ensure that all details, descriptions and prices which appear on the Website and the App are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any Plans or Goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If the order is cancelled and you have already paid for the Plans or the Goods, you will receive a full refund in Ringgit Malaysia (in the case of Goods or Plans) or in Ringgit Malaysia or Credits as applicable (in the case of Goods only).

(c) Where applicable, prices are inclusive of Goods and Services Tax (“GST”) and/or any other applicable government taxes. Delivery costs (if any) will also be charged. Such additional charges (which may include additional delivery charges to Sabah and Sarawak) are clearly displayed where applicable and included in the 'Total Cost'

(d) The Plans or Goods may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Plans or Goods that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

4.2 Goods Descriptions

In describing the Goods available to purchase online in the Website or the App and in all our notifications and/or publications (via e-mail, SMS or otherwise), we use our best endeavours to be as accurate as possible. However, we do not warrant that the Goods descriptions or other content in the Website or the App are accurate, complete, reliable, current, error-free or otherwise. The contents, materials and Goods offered by Maison de Gigi through the Website or the App are offered on an “as is” and “as available” basis. Maison de Gigi disclaims all warranties (express or implied) including but not limited to, merchantability, fitness for purpose and non-infringement, in relation to the Goods. If Goods offered by us is not as described, your sole remedy is to return it in unused condition for exchange of the same or (if the same is not available) similar Goods, at Maison de Gigi’s sole discretion.

4.3 Payment

(a) Upon receiving your order for a Plan, we carry out a standard pre-authorisation check on your credit or debit card to ensure there are sufficient funds to fulfill the transaction. The stated value of your Plan will not be credited to your Account until this pre-authorisation check has been successfully completed. Your credit or debit card will be debited once the order has been accepted.

Upon receiving your order for Goods, we will process your order through your Account either by utilising the check stated in Clause 4.3(a) (in the case of payment by credit or debit card) or by ensuring that there are sufficient Credits to fulfill the transaction. Goods will not be dispatched until either process has been successfully completed. Either your credit or debit card or Credits standing in your Account will be debited once the order has been accepted.

4.4 Discount Codes

We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though the Website or the App. The conditions of use relating to any discount code will be specified at the time of issue.

4.5 Returns and Refunds

We do not take title to returned items until the item arrives at our fulfillment centre. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item. For more information about our returns and refunds, please see our Returns Page.

5. Your Conduct
5.1 You must not:

(a) use the Website or the App in breach of any applicable laws or regulations;

(b) use the Website or the App to harm, abuse, harass, stalk, threaten or otherwise offend others;

(c) interfere with, disrupt, or create an undue burden on the Website or the App;

(d) upload, post, transmit or otherwise make available any material that:

(1) is not your original work, or which may infringe the intellectual property or other rights of another person;

(2) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

(3) includes an image or personal information of another person unless you have their consent;

(4) you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;

(5) contains large amounts of untargeted, unwanted or repetitive content; or

(6) contains financial, legal, medical or other professional advice.

If you believe that a user has breached any of the above conditions, please contact us.

5.2 We reserve the right to block or suspend you from using the Website or the App and to modify or remove any material uploaded, posted, transmitted or otherwise made available by you on the Website or the App without notice. By uploading, transmitting, posting or otherwise making available any material via the Website or the App, you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose.

5.3 We shall not be responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Website and the App by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.

5.4 You agree to indemnify us and each of our officers, employees, agents, contractors, suppliers and licensors (collectively, “Affiliates”) in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of the Terms, or any other default or wrongful conduct in relation to the subject matter of the Terms, on your part or that of any of your Affiliates.

6. Intellectual Property
6.1 Maison de Gigi and the Maison de Gigi logo are trademarks of Maison de Gigi (“Trade Marks”). All material on the Website and the App, including the text, information, graphics, logos, design, layout, downloads, pricing, products and services (“Content”) is owned by and/or licensed to Maison de Gigi. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or Trade Marks for any purpose, other than with the prior written consent of Maison de Gigi, or as permitted by law. All rights of Maison de Gigi are reserved

6.2 Trademarks used on the Website and the App to describe third parties and their products are trademarks of those third parties.

7. Linking and Third Party Content
7.1 You must not link to, frame or mirror any part of the Website or the App without our prior written consent.

7.2 The Website and the App may contain links to or display the content of third parties (“Third Party Content”) including links to websites operated by other organisations and individuals (“Third Party Websites”). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

8. Disclaimer
8.1 By accessing the Website and/or the App, you assume all risks associated with its use, including but not limited to the risk that your device, computer, software or data may be damaged by any virus transmitted by this Website or the App or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with the Website and the App are hereby excluded. By accessing the Website and/or the App, you agree to indemnify us for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to the Website and/or the App.

8.2 We shall not be liable in any way for any direct, indirect, punitive, incidental, consequential or other damages howsoever arising out of (i) the use of, or access to the Website and/or the App; or (ii) delay or inability to use or access the Website and/or the App; or (iii) for any Plans or Goods published in, posted on, advertised in or obtained through the Website and/or the App.

9. Risk of Loss
9.1 All Goods purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

10. Outages
We reserve the right to cease, interrupt or withdraw your access to the site for any reason, including without limitation, for upgrades and maintenance of the Website and/or the App.

11. Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at our PRIVACY POLICY page. The Terms are subject to our Privacy Policy. By using the Website and/or the App, you agree to the Privacy Policy.

12. Indulgence and Severability
No failure or delay on the part of Maison de Gigi in exercising any power or right hereunder shall operate as a waiver thereof or be construed as consent to or acquiescence of any breach or default nor shall any single or partial exercise of any other right or power hereunder.

In the event that any these Terms is determined to be invalid, unlawful or unenforceable to any extent, such provision shall be severed from the remaining provisions which shall continue to be valid and enforceable to the fullest extent permissible by law.

13. Jurisdiction
These terms and conditions are governed by the laws of Malaysia.