Customer Agreement - (Updated as 07 August 2020)
Welcome to 2winewine.com
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY
BEFORE USING THIS WEB SITE (“site”).
This Agreement (the “Agreement”)
is an agreement between you and Finlux Sdn Bhd (Finlux) that states the terms
and conditions under which you may use the site and receive the Finlux services,
which includes processing and delivery of product orders (the ”Finlux
service”). Your use of the Finlux service and the site constitutes your
agreement to the terms and conditions set forth below. If you do not agree with
all the terms and conditions, do not use the site or the Finlux service.
Please Note:
The sale of alcohol to individuals below 21 years or professing the religion of Islam is prohibited.
(Meminum arak adalah bahaya untuk kesihatan)
Usage of Vouchers
1.
Finlux may share voucher from time to time
during promotion period and special activities. Unless stated otherwise, these
general rules apply to vouchers:
2.
Voucher is only valid for 1-time use per each
customer.
3.
Voucher is applicable on normal priced items
only excluding events, sale prices and wine club subscription -unless stated
otherwise.
4.
Voucher is not valid on sale items, best buys,
value buys and corporate orders.
5.
Only 1(one) voucher can be used for every 1
(one) transaction. The website does not accept more than 1 voucher in 1 order
and may result to order cancellation and voucher to be void.
6.
If payment failed or was cancelled, this will
make the voucher void or invalid. Contact info@2winewine.com
or +603 7729 4733 for assistance.
7.
Voucher validity date cannot be extended.
8.
Voucher requires a minimum purchase order and/or
certain items to purchase (e.g. red wines, wines from specific country,
collection) stated in the announcement. If order does not meet the stated conditions,
voucher will not be applied on order/purchase.
Voucher and Points Terms & Conditions
1.
The following terms and conditions apply to the
redemption and use of promotional vouchers and voucher codes (“vouchers”) and
points (“Points”).
2.
“Vouchers” includes, but not limited to, coupon
code, discount code, discount coupon, sale voucher, voucher code or any other
form of discount available on Finlux.com
3.
“Points” includes, but not limited to, reward
points, referral points, review points, refund credits or any other form of
store credits that a customer can use to shop at Finlux.com
4.
A “Customer” is any individual or entity that
makes an order or purchase at Finlux website or via its sales team.
5.
An “Order” or “Purchase” is an instruction from
customer to Finlux to buy or obtain an item/s by paying for its full amount.
6.
Vouchers and points are only valid on the Finlux
website, mobile website, or mobile applications (IOS & Android).
7.
All voucher codes expire as per stated on
individual codes. Points expire within 1 year from the date it is credited into
the account.
8.
Voucher and Points are not transferable or
exchange for cash.
9.
Points can be used together with discount codes,
but no points will be earned from the value of the discount code.
10.
Points can be used to pay for delivery fees,
provided that you have enough points in your account.
11.
Points are earned from the total bill amount
paid, excluding delivery fees.
12.
Points to be awarded do not include delivery
fees.
13.
Points from different accounts cannot be
combined.
14.
A minimum of 500 points (RM5) within your
account is required to apply on your purchase.
15.
Unsuccessful order and failed/cancelled
transactions will not deduct your reward points. Should you encounter an error,
please let us know via info@2winewine.com
or call +603 7729 4733.
16.
A valid voucher must be entered at the checkout
page in order to redeem its value.
17.
Customers can only use the specific voucher once
unless otherwise stated in the promotion of that voucher.
18.
Voucher validity is limited in time (from a few
hours to a few weeks).
19.
Finlux reserves the right to cancel or modify
any order, or revoke the use of vouchers and points for any reason, including
due to:
20.
Suspicious or fraudulent purchasing activity,
voucher use and/or points use.
21.
Voucher and/or points abuse, including the use
of multiple accounts or multiple checkouts associated with the same customer or
group of customers; or
22.
Voucher and/or points used in bad faith
(including resold vouchers or use of vouchers/points by customers purchasing
products for the purpose of re-selling)
23.
Unless otherwise stated, vouchers are not valid
in conjunction with other promotions or discounts.
24.
Additional terms and conditions may be specified
in relation to specific voucher code (for example, duration, eligibility,
discount amount and products covered), and will govern the use and redemption
of those vouchers.
25.
Finlux will not be liable and/or be required to
offer replacement vouchers, discounts, credits, cash or otherwise compensate
customers for:
·
Discontinued or cancelled vouchers;
·
Improper use of, or inability to redeem, a
voucher; or
·
The inability to redeem a voucher due to
technical issues.
26.
Finlux reserves the right to change these terms
& conditions or cancel any promotions at any time and without notice.
Ordering through the Site:
To receive delivery, you must live
in a residential apartment, corporate address, or home, and you (or your
representative of legal age) must be present to receive your order from our
delivery service during your selected delivery window. Additionally, after your
second order with Finlux you may elect an alternative receiver located within
your building to accept your delivery. This alternative receiver can accept
your goods when you are not present at the time you had selected for delivery
and shall accept the goods under the same terms & conditions that would
apply had you accepted the delivery yourself. Anyone at the delivery address
who receives the delivery is conclusively presumed to be authorized to receive
the delivery.
In the case of inclement weather
or unforeseen delivery complications, it may be necessary to make adjustment to
our delivery schedule, which will cause us to suspend chosen delivery times. If
there will be a significant delay, a customer service possible moment the conditions
permit. If your designated delivery location (i.e., street, avenue, etc.) or
day is inaccessible, rendering us unable to make the delivery, we will contact
you to determine the best alternate location.
Customers are under no obligation
to tip the delivery team but have the option to doing so if exceptional service
is provided by the person.
Credit Card Payment
Your credit card will be charged
for your order on the day your order is taken. We will authorize your credit
card for an amount equal to 100% of the total items in your order. Finlux will
not process orders that use an incorrect, expired, or over-the-limit credit
card. We will make our best efforts to contact you if this occurs. However, in
the event such an order is processed, Finlux reserves the right to collect
funds for any uncollected transactions owed to it. If you fail to pay any fees
or charges when due (which would include if a check is returned or electronic
payment is rejected), Finlux reserves the right to cancel the order. You shall
be responsible and liable for any fees, including attorney’s fees and
collection cost, that Finlux may incur in its efforts to collect any unpaid
balances from you. Your right to use the Finlux service is subjected to limits
established by Finlux and/or by your credit card issuer.
Payment Processor
PROPERTY, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, FINLUX SERVICE,
OR THE INTERNET. FINLUX LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A
REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY
HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF FINLUX SERVICE AND TO
TERMINATE THIS AGREEMENT. FINLUX RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE
QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR
JURISTICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUANTIAL, OR SPECIAL DAMAGES OR IF IMPLIED WARRANTIES, IN SUCH STATES AND
JURISTICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTEND PERMITTED BY LAW.
The material in the site is
provided for lawful purposes only. Finlux controls and operates this site from
its headquarters in Selangor, Malaysia, and makes no representation that these
materials are appropriate or availability for use in other locations. If you
use the site from other locations, you are responsible for compliance with applicable
local laws. Price and availability information are subject to change without
notice.
You agreed to defend, indemnify,
and hold Finlux parties harmless from any and all suits, actions, legal or
administrative proceedings, claims, demands, damages, liabilities, including
attorney’s fees and costs, arising in connection with a violation of this
Agreement by you or through use of your account.
Miscellaneous
Termination: This Agreement is
effective upon your acceptance as set forth herein and shall continue in full
force and effect until terminated. Finlux may suspend or terminate this
Agreement or the Finlux service or remove or disable access to any portion of
the Finlux service at any time for any reason with or without notice to you. You
may terminate this Agreement and your Finlux service at any time for any reason
by delivering notice in the manner provided below, which termination will be
effective the day notice is received or such later date specified in the
notice. Finlux reserves the right to collect fees and charges incurred before
you cancel your Finlux service. In addition, you are responsible for any
charges incurred to third-party vendors or content providers prior to your
cancellation.
Notices: Finlux may give notice to
you of a change in this Agreement, a change in the Finlux fee schedule, and any
other matter through a general posting on the Finlux site, by electronic mail,
or by conventional mail to your address contained in the Customer Registration
Data. You may give notice to Finlux by telephone at +603 7729 4722, by
electronic mail (you may write in via our Contact Us (URL), or by conventional
mail to:
Finlux Sdn Bhd (199801009810 (465938))
E-3A-06, Commercial Block Level 3A East Wing,
Metropolitan Square, Jalan PJU 8/1 Damansara Perdana,
47820 Petaling Jaya, Selangor, Malaysia.
Tel: +603 77294733 / Whatsapp: +6019 938 1838
Entire Agreement
This Agreement and the Privacy
Policy referred to herein represent your entire agreement with Finlux regarding
the use of the Finlux service and Finlux site. You agreed that this Agreement
is not intended to confer and does not confer any rights or remedies upon any
person other than you, Finlux, and Finlux Parties. If any portion of this
Agreement is held invalid or unenforceable, that portion shall be construed in
accordance with applicable law as nearly as possible to reflect the original intention
of the parties, and the remainder of this Agreement shall remain in full force
and effect. The failure of either party to insist upon strict performance of a
provision of this agreement shall not be construed as a waiver of any provision
or right. This Agreement shall be governed by the laws of Malaysia without
regard to its conflict of laws rules. You expressly agree that exclusive
jurisdiction for any claim or dispute with Finlux or relating in any way to
your use of Finlux service or the Finlux site resides in the federal and state
courts of Kuala Lumpur and you further expressly consent and agree to personal
jurisdiction by the state and federal courts sitting in the State of Kuala
Lumpur in connection with any such dispute, including any claim involving Finlux
Parties. Any cause of action by you must be instituted within one year after
the claim or cause of action has arisen, or is barred.
Third-Party Beneficiaries: The
provisions of this Agreement are for the benefit of Finlux Parties, and each
shall have the right to assert and enforce the provisions directly on their own
behalf. This Agreement and all obligations and restrictions placed upon you or
your permitted users by this Agreement shall survive termination of this Agreement
and your Finlux service.
Amendment: Finlux may amend this
Agreement at any time by posting the amended terms on our site. All amended
terms shall automatically be effective seven days after they are initially
posted on our site. By using this site after the effective date of any such amendment,
you agreed to be bound by any such revisions and should therefore periodically
visit this page to determine the then current Agreement to which you are bound.
This Agreement was last revised on 15
June 2020.