These Terms and Conditions govern the use of Green Surprise website by you and the purchase of any products supplied by Green Surprise. By using Green Surprise's website, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions. Green Surprise reserves the right to amend or update such Terms and Conditions at any time without prior notice to you. You are required to register as an authorized user of the website to use any of the services provided on Green Surprise’s website.
1.1 Please ensure that the details provided by you on registration or at any time during the use of Green Surprise’s website are correct and complete.
1.2 Any changes to the information that were provided when registering must be informed to Green Surprise immediately by updating your personal details.
1.3 Green Surprise may refuse, suspend, cancel or terminate your registration immediately at its discretion for any reason whatsoever.
1.4 All testimonials submitted, irrevocably grants Green Surprise, its parent, subsidiaries, affiliates, successors, and those acting with its authority to make use of, reproduce and to otherwise utilize the said testimonial by any means, methods and technologies now known or hereafter discovered, for all promotional, marketing and advertising purposes.
2. Basis of Purchase
2.1 The purchase order ("Order") constitutes an offer by you to purchase the Products supplied by Green Surprise. The quantity, specification, description and price of the Products shall be those set out in the Order unless otherwise stated.
2.2 Green Surprise reserves the right to make any changes in the specification of the Products, which are required to conform to any applicable statutory requirements.
2.3 No contract for sale of the Products will subsist between the parties unless and until Green Surprise receives the Order. At all times Green Surprise 's acceptance of an Order takes place, the purchase will be made and you will be charged for your Order.
2.4 The Order is prima facie evidence of the contract for the Products between you and Green Surprise.
2.5 You shall be responsible to Green Surprise for ensuring the accuracy of the terms of the Order submitted and there shall be no variation and/or cancellation to the Order.
2.6 Green Surprise shall not be liable for any financial loss arising out of the refusal, cancellation or withdrawal of the Order by Green Surprise.
3.1 All prices of the Products shall be those set out on Green Surprise 's website unless otherwise stated.
3.2 These prices are subject to change at any time without prior notice. Every effort is made to ensure that the prices shown for the Products are correct at the time you place your Order.
3.3 If the Products are mistakenly priced, Green Surprise will not be liable to supply to you at such price as displayed, which Green Surprise will notify you before the Products are being dispatched to you.
3.4 You may decide whether to proceed with the Order at such amended price. If you decide not to proceed with the Order, Green Surprise will give you a full refund on the amount, which have been paid.
4.1 The price of the Products must be paid in full when an Order is placed;
4.2 In the event the payment of the Products have not been paid or received in full by Green Surprise for any reason whatsoever, Green Surprise reserves the right to cancel the Order or suspend any further deliveries to you.
4.3 Payment made is not refundable in the event of any cancellation of the Order by you in Clause 2.6.
5.1 The Products shall be delivered to the delivery address established in the Order during Green Surprise's usual business hours.
5.2 If you fail to give Green Surprise adequate delivery instructions at the time stated for delivery, Green Surprise shall, without prejudice to any other right or remedy available, store the Products until actual delivery and charge for the reasonable costs of storage.
5.3 Green Surprise shall not be liable for any delay in delivery of the Products whether the delay is due to causes beyond the control of Green Surprise or otherwise.
5.4 Where delivery requires a signatory upon receipt, the acknowledgement and acceptance of all Products must be signed by anyone of eighteen (18) years of age or above.
6. Risk and Ownership
6.1 The risk of loss or damage shall passed to you upon acknowledgement of the receipt of the Products in Clause 6.4.
6.2 The ownership of the Products will only pass to you upon receipt of full payment in Clause 4 by Green Surprise.
7. Inspection of the Products
7.1 All inspection must be done upon receipt of the Products by the Buyer. If as a result of the inspection:-
a. It is discovered that the Products do not conform to the Order, you are entitled to reject the same and Green Surprise shall as soon as practicable replace them;
b. The Products are not available, Green Surprise shall issue a debit note and the same to be countersigned by you and Green Surprise shall as soon as practicable provide the same; or
c. You are satisfied that the Products correspond with the Order, you shall sign and acknowledge receipt of the Products in accordance with Clause 5.4.
7.2 There shall be no refund or exchange of the Products allowed after the inspection by you.
8. Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and the parties submit to the jurisdiction of the Malaysian courts.
9. Force Majeure
9.1 Neither party shall be liable to the other or be deemed to be in breach by reason of any delay in performing or any failure to perform any of its obligations in relation to the Products, if the delay or failure beyond to that party's reasonable control. The following shall be regarded as causes beyond either party’s reasonable control ("Force Majeure"):-
9.1.1 acts of Gods, epidemic, disease, fire, storm, flood, earthquake, accident; or
9.1.2 acts or omissions of any government or any rule, regulation or order of any governmental authority or any officer, department, agency or instrument thereof; or
9.1.3 acts of public enemy, acts of terrorism, war, rebellion, insurrection, riot, invasion, strikes or lockouts; or
9.1.4 anything regarded as being beyond the control of the party in question.
10. Green Surprise's Liability
10.1 Green Surprise cannot guarantee that the services will meet your requirements. Please report to Green Surprise if a fault occurs in the service and Green Surprise will attempt to restore the service as soon as practicable.
10.2 Not limited to the following, Green Surprise shall not be held liable and responsible for:-
10.2.1 any risks related with the use of the internet;
10.2.2 error, omission, interruption or technical problem you may experience with Green Surprise's website; and
10.2.3 unreliability or inaccuracy of Green Surprise's website.
10.3 Green Surprise shall not be liable for any consequential or incidental damages or any other damages whatsoever relating to Green Surprise 's website.
11. Security of Information
11.1 Green Surprise shall use its best endeavors to prevent any unauthorized entry into Green Surprise 's website. In such circumstances, you are obligated to keep your login and password details safe and confidential at all time.
11.2 You hereby authorize and consent Green Surprise to collect, retain and use your personal data:-
a. For administrative purposes including processing the Order, providing you with confirmation of the Order or sending any advertising or promotional material of the Products to you;
b. To access your credit-worthiness including but not limiting to credit checking or other payment cards, security, credit card issuance verification;
c. For legal purposes including but not limiting to enforcement of any legal or other rights Green Surprise may have against you in any manner that Green Surprise deems fit; and
d. For such other reasons deem necessary by Green Surprise.
11.3 Notwithstanding the foregoing, Green Surprise shall not be responsible and liable for any damage or loss whatsoever if there is any unauthorized entry and access by third party of your login, credit card and/or other payment cards, which is beyond Green Surprise reasonable control.
In the event Green Surprise detects any deception or fraudulent use of payment systems with the intention of obtaining an advantage, avoiding an obligation or causing loss to another party, Green Surprise shall not hesitate to take appropriate measures to prevent the same from occurring including but not limiting to reporting all suspected fraud to the appropriate authorities and/or take appropriate disciplinary and legal action in all cases, where justified.
13. Intellectual Property
13.1 Green Surprise retains title to and ownership of Green Surprise's website. You may not reproduce, alter, remove, copy or use for commercial purposes any of the materials or content on Green Surprise’s website without written permission from Green Surprise.
13.2 You will indemnify Green Surprise against all losses, liabilities, costs and expenses suffered or incurred by Green Surprise in connection with or arising out of any infringement of intellectual property rights of whatever nature relating to the use of Green Surprise’s website by you.
14.1 Green Surprise reserves the right to terminate the operation of any of the Order placed at any time without notice and Green Surprise need not give any particular on the reason for its decision thereof.
14.2 The failure of Green Surprise to take any action in respect of a breach of these Terms and Conditions shall not constitute a waiver of its enforceability. Green Surprise reserves its rights in respect of these Terms and Conditions at all times.
15.1 You may not assign, sublicense or otherwise transfer any of your rights and obligations under these Terms and Conditions.
15.2 If any provisions of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected.
15.3 No waiver by Green Surprise or any breach of this Agreement by you shall be considered as a waiver of any subsequent breach of the same or any other provisions.
15.4 Green Surprise shall not be responsible for any breach of these Terms and Conditions caused by the circumstances beyond its control as stipulated in Clause 9.
15.5 Green Surprise reserves the right (i) not to provide Products or services; (ii) remove or edit content; or (iii) cancel Order (or part thereof) at its sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, Green Surprise will not be held liable for loss or damage arising from exercising these rights.