Suanson Terms and Conditions

We are committed to make your shopping experience as fuss-free and enjoyable as much as possible. These terms and conditions (the “T&Cs”) apply to SUANSON (the “Site”) and form the terms and conditions on which we supply products and services to you. Please read through the T&Cs prior to using the Site. Your use of the Site indicates that you have acknowledged, understood, and agree to adhere to the T&Cs.

 

BUSINESS INFORMATION

We are Suanson Sdn Bhd (“we”, “us”), a company registered in Malaysia. We are the official and sole agent to distribute and sell Suanson products in Malaysia. Our principal place of business is at 61 Jalan Bangkung, Bukit Bandaraya, 59100 Kuala Lumpur, Malaysia.

You can contact us here. If we need to contact you for service-related matters, we will do so by telephone or by writing to you at the email address you have provided to us in your order. “Writing” or”written” in these T&Cs includes emails.

 

ACCESSING AND USING THE SITE

As a condition of your access to and/or use of the Site, you warrant that:-

  • all information supplied by you on the Site is accurate, current and complete;
  • you are 18 years of age or older in order to access and/or use the Site; and
  • you will not copy or distribute any part of the Site in any medium without Suanson Sdn Bhd’s prior written authorization.

You shall be solely responsible for your access to and/or use of the Site and its materials herein.

Where you create a user account and password, you must treat such information as confidential, and you must not disclose it to any third party. In the event of any fraudulent or unauthorized use of your password, you expressly agree that Suanson Sdn Bhd is not liable for any loss or damage caused by or arising from such use and is absolved from any and all claims arising therefrom. We reserve the right to disable any user account for any reason at any time without notice.

 

PROHIBITED ACTIVITIES

You agree and undertake not to:

  • use the Site for illegal purposes or other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws;
  • impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
  • attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Site, interfere with another’s utilization and enjoyment of the Site, or use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site’s data or damage or interfere with the operation of another customer’s computer or mobile device or the Site; and
  • post, promote or transmit through the Site any information, graphics, photographs, data and/or any other material that contains any computer virus or other invasive or damaging code, program or macro; infringes any third-party intellectual property or any other proprietary rights; is defamatory, libelous or threatening; is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under any applicable law; and/or is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.

 

LINKS TO THIRD PARTY SITES

The Site may contain links to third party websites that are not affiliated with or owned, operated, or controlled by Suanson Sdn Bhd, including third party payment system providers. You acknowledge and agree that Suanson Sdn Bhd is not responsible for the content, privacy policies, or practices of such third-party websites or the companies that own them. By using the Site, you expressly absolve Suanson Sdn Bhd from any and all liability arising from your access to and/or use of any third-party website.

You are requested to review the terms and conditions and privacy policies of any third-party websites before using them and disclosing your personal data to them.

 

INTELLECTUAL PROPERTY RIGHTS

Suanson Sdn Bhd is the owner or the licensee of all intellectual property rights in and to the content on the Site, and in the material published on it. You may not copy, reproduce, modify, republish, upload, post, transmit, adapt, download, distribute or howsoever deal with any content or material from the Site in any form or by any means without Suanson Sdn Bhd’s prior written permission, and you are solely responsible for obtaining such permission before dealing with any content or material that is available on the Site.

 

WARRANTIES AND LIABILITY

The Site, its services and all information provided herein are provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.

Without limiting the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation (i) as to the reliability, accuracy, completeness, and validity of any content or material on the Site; (ii) that the functions contained on the Site will be secure, uninterrupted or error-free; and (iii) that any defects will be corrected. Any and all such warranties, conditions, guarantees, terms and representations are specifically excluded. We assume no responsibility for errors or omissions in the materials on the Site, including factual or other inaccuracies or typographical errors. You expressly agree that your use of and/or access to the Site is at your sole risk.

 

Without prejudice to the generality of the foregoing, we expressly disclaim any and all liability arising from:-

  • life or wear of any Product or that it 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 Suanson Sdn Bhd;
  • improper remedy of defective products, alteration of the products, unsuitable or improper use, willful damage, negligence, or other misuse of the products, as well as fair wear and tear, by you or any third party;
  • third party claims, whether directly or indirectly caused by, or relating to, the content of our Site and the products purchased on or through our Site; and
  • any warranties provided under these T&Cs if the total price for the Product has not been paid in cleared funds by the due date for payment.

You further acknowledge and agree that your access to and use of the Site is dependent on third party service providers such as internet, network, connectivity or other link providers. Your payment for any Product purchased from the Site is processed by third party payment system providers and Suanson Sdn Bhd does not retain or process any such payment information. Suanson Sdn Bhd cannot guarantee the security of such third party payment system(s) or any payment data on the Site, Suanson Sdn Bhd is not responsible for any negligence or act or omission or default of any third parties and disclaims any and all liability in connection with the negligence, act, omission or default of such third parties. Without prejudice to the generality of the foregoing, Suanson Sdn Bhd is not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using the Site, you expressly absolve Suanson Sdn Bhd from any and all liability in connection with the negligence, act, omission or default of such third parties.

To the extent that any exclusion of liability under these T&Cs is not permitted by law, the aggregate cumulative liability of Suanson Sdn Bhd and our affiliates under any Order shall in any event not exceed the sum that you have paid to us for the sale of products under that Order.

 

INDEMNITIES

You agree to indemnify us and hold us and our partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives harmless from any claims, losses, damages, costs and expenses including reasonable attorneys’ fees, arising out of your access to, use of and/or participation in this Site, including (i) any claims of infringement of a third party’s rights; (ii) damage to tangible property, bodily injury, or death; (iii) negligence or misconduct caused by or attributable to you or any of your agents, and (iv) breaches of your obligations under these T&Cs.

 

BREACH OF TERMS AND CONDITIONS OF THE SITE

We will determine in our sole discretion whether there has been a breach of these T&Cs through your use of and/or access to the Site. When a breach of these T&Cs has occurred, we may take such action as we deem appropriate, including:-

  • Immediate, temporary or permanent withdrawal of your right to use and/or access the Site;
  • Issuing a warning to you;
  • Commencing legal proceedings against you for loss resulting from your breach; and
  • Disclosure to law enforcement authorities of such information as we reasonably deem necessary.

We exclude liability for any action taken in response to breaches of these T&Cs. The responses described above are not exhaustive, and we may take any other action we reasonably deem appropriate.

 

ORDERS & PAYMENTS

You may place an order with us by completing and submitting the order form on the Site. You shall be responsible for ensuring the accuracy of all orders and the details and information related thereto provided by you to us through the Site. We will be unable to accede to any request for any change or variation to your order, including but not limited to the product item, message, design and the collection or delivery date and time after your order is placed. All orders will be deemed to be irrevocable and unconditional upon transmission through the Site, and we shall be entitled, but not obliged, to process such order(s) without your further consent and any further reference or notice to you.

We reserve the right to accept or decline any and all orders received from or through the Site in our sole and absolute discretion. Our acceptance of your order will take place when a confirmation email is sent to your registered email address with us, at which point a contract will come into existence between you and us. Each fully-paid order accepted by us shall constitute a separate and individual contract governed by these T&Cs (an “Order”). We will assign an order number to your Order when we accept your Order. Please tell us the order number whenever you contact us about your Order.

If we are unable to process your Order, we will inform you of this. This might be because the product is out of stock, because of unexpected limits on our resources for which we could not reasonably plan, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery or collection deadline you have specified.

The price payable by you for the Product shall be the price of the Product listed for sale as stated on the Site at the time your order is transmitted to us through the Site, and any applicable taxes. All prices are subject to taxes, unless otherwise stated. We reserve the right to amend the price of any Product at any time without giving any reason or prior notice. Please complete payment within two hours from the time your order was placed. All unpaid orders after this payment time-frame will be cancelled automatically. In the event that any Product has been mispriced on the Site, we reserve the right to terminate the Order and notify you of such termination, regardless of whether or not the products have been dispatched or are in transit and whether payment has been charged to you.

We accept all major credit cards and bank transfers.

 

REFUND POLICY

All orders placed online for delivery or collection are final and non-refundable once the Order is placed and you receive a confirmation of your Order.

 

PRODUCT DESCRIPTIONS AND DEFECTS

Images of our products featured on our site are strictly for illustrative purpose only. Actual products received may vary from visual representations available on our site.  Colours may appear different in reality due to studio lighting conditions, or variances in computer screen calibration. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We do not promise that product descriptions or accompanying content available on the Site are complete, up-to-date, error-free and accurate.

 

USER GENERATED CONTENT

This Site may include features that support and publish User Generated Content, in the form of photo content and other content submitted by registered users.

By submitting User Generated Content on this Site whether for reproduction or for any purpose related to your Order, you grant Suanson an irrevocable, worldwide, transferable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, modify, adapt, publish, translate, display, edit, create derivative works of, and distribute the said content in any form or media.

By submitting User Generated Content, you warrant and represent that you own or otherwise control all of the rights to your content, including without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, grant the license as abovementioned and for us to post, upload, cross-post, cross-upload and use the content as aforesaid.

You further understand and agree that User Generated Content posted to the Site will be made available for the public to access, view, and use under the License described above.

You understand and agree that we may monitor User Generated Content on the Site, and that we reserve the right to modify, edit, or remove any of said content at our discretion, without notice, and for any reason. You further understand and agree that we may prescreen User Generated Content and may decide, in our discretion, without notice, and for any reason, not to publish it. We assume no responsibility for monitoring, modifying, removing, or declining to publish User Generated Content.

If you believe your copyright-protected work was posted on this Site without authorization, you may submit a copyright infringement notification to us requesting for removal of the content.

These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf together with valid proof of ownership. We reserve the right to modify, edit, or remove any of said content subject to copyright infringement notification at our discretion, without notice, and for any reason. You agree that we may terminate your account if your account has been notified of infringing activity.

 

BUYERS’ RESPONSIBILITY ON PRODUCT

The Product will be your responsibility from the time you or your agent collect the Product from us or we deliver the Product to the address you provided us. You own the Product which is the subject of your Order once we have received payment in full for your Order.

 

TERMINATION

We may terminate the Order at any time by writing to you if:

  • You do not make payment to us when it is due;
  • You do not, within a reasonable time of us asking for it, provide us with information necessary for us to provide you with the Product (e.g. delivery address);
  • You do not, within a reasonable time, allow us to deliver the Product to you or to the person or company you designate to receive the Product;
  • You fail to collect the Product from us (if the Product is for collection) within our business hours on the day of collection stipulated by you or the next business day;
  • If we terminate the Order in any of the situations set out above, the Product and any money you have paid in advance for the Product will be irrevocably forfeited.

 

PERSONAL DATA

We may collect, use and disclose personal data that you provide to us to supply the Product to you, process your payment for the Product, to send you newsletters if you have registered for our mailing list, and other specified purposes. Please see our Privacy Policy for more information.

 

GENERAL

Words in the singular shall include the plural and vice-versa.

No Relationship(s): Neither these T&Cs nor your use of and/or access to the Site creates any joint venture, agency, partnership, or employment relationship between you and Suanson Sdn Bhd.

Assignment(s): You may not assign these T&Cs or any rights or obligations under these T&Cs to any party.

Waiver & Severability: The failure of Suanson Sdn Bhd to enforce any right or provision of these T&Cs shall not be deemed as a waiver of such right or provision. In the event that any provision of these T&Cs is held to be invalid, void, illegal or unenforceable, the remaining provisions of these T&Cs shall remain in full force and effect.

Third Party Rights: A person who is not a party to this agreement shall have no right to enforce or to enjoy the benefit of any term of this agreement.

Entire Agreement: These T&Cs, which expressly incorporate the Privacy Policy on our site at http://www.suanson.com.my and the terms and conditions referred to therein, constitute the entire agreement between you and Suanson Sdn Bhd relating to the subject matter hereof, and supersedes any and all prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Site.

Governing Law: These T&Cs and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Malaysia. Any claim or dispute arising out of or relating to these T&Cs and/or your access to and/or use of the Site which cannot be resolved through negotiation will be subject to the non-exclusive jurisdiction of the courts of Malaysia.

 

SITE MAINTENANCE AND CHANGES

We may change any content or material on the Site at any time. Any of the content or material on the Site may be out of date at any given time, and we are under no obligation to update the Site. We shall not be liable if for any reason the Site, or any portion thereof, is unavailable at any time or for any period. We reserve the right to refuse any and all current or future access to and/or use of the Site without prior notice to you.

If we decide to change our T&Cs for the Site, we will post the revised T&Cs here. Please check back frequently and each time you access the Site to see any updates or changes to our T&Cs. Your continued use of the Site constitutes your acceptance of the T&Cs as posted.

These T&Cs incorporate our Privacy Policy as may be updated from time to time on our Privacy Policy section. If you have any questions about our T&Cs or Privacy Policy, please contact us at enquiries@suansoncakes.com.my (for enquiries about our T&Cs and Privacy Policy).