Pacific Online Terms & Conditions
- The terms and conditions below including all other terms, information, materials detailed in the Website, www.pacific-online.com.my (“Terms and Conditions”) constitute the entire agreement and supersede any and all preceding and contemporaneous agreements between you and www.pacific-online.com.my. Any waiver of any provisions herein will be effective only if it is made in writing and issued by an authorized personnel of manager level and above from www.tstore.com.my.
- The Terms and Conditions shall apply to:
- By accessing www.pacific-online.com.my, which may include submission of an order for the sale and purchase of any Products, you would have read, understood and agreed to these Terms and Conditions as stated herein, if you are not agreeable to the Terms and Conditions herein, please cease all access to www.pacific-online.com.my immediately.
- The Terms and Conditions shall be governed by and will be interpreted in accordance with the laws of Malaysia and you shall submit to the non-exclusive court jurisdiction in Shah Alam, Selangor, Malaysia.
- If any provisions herein is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision shall be deemed amended to achieve as near as possible the same economic effect as the original provision, and the legality, validity and enforceability of the remaining provisions of the Terms and Conditions shall not be affected or impaired thereby.
- All the terms and conditions herein including “Disclaimer of Liability”, ‘Return and Refund Policy’ etc. shall be valid and enforceable unless otherwise required under the local laws.
- In these Terms and Conditions, the following expressions shall have the meanings defined below unless the context otherwise requires:
- ‘You’ or ‘your’ refers to anyone who may access www.pacific-online.com.my to view any information and materials or to make a sale and purchase of any Products through the Website, www.pacific-online.com.my and any link sites thereto.
- ‘We’ or ‘our’ or ‘us’ refers to www.pacific-online.com.my and may include any authorized personnel, link sites or legal entities which may be authorized by us to have liaison with you.
- ‘Products’ or ‘Product’ refers to any and all products for sale by www.pacific-online.com.my or any link sites thereto.
- ‘Working day’ or ‘office hours’ means Monday until Friday from 9AM to 6PM (GMT+8), excluding public holidays for Malaysia.
- Headers are for reference only and do not affect the interpretation or form part of the terms and conditions herein.
- To place orders online with www.pacific-online.com.my, you will first need to register for a free account with www.pacific-online.com.my. To register for an account, you must be a Malaysian citizen, permanent resident and / or foreigner and at least 18 years of age. Users under 18 years of age (“underage users”) shall seek parental and/or guardian approval and consent to gain access including registration at www.pacific-online.com.my. Any form of proof of parental and/or guardian approval may be requested by www.pacific-online.com.my at any time and www.pacific-online.com.my considers it the responsibility of the respective parents and/or guardians to monitor all usage and/or response of said underage users and shall be responsible for all obligations on expense, payment, indemnity, losses and damages arising from the underage users’ access and response in www.pacific-online.com.my and any link sites thereto.
- You shall ensure that all information provided during registration of an account or during any other circumstances are accurate and complete. If you would like to update or change the information you have provided, you may simply log-in to your account via www.pacific-online.com.my/customerservice/account/login and amend the information provided. All personal information provided by you are stored securely by www.pacific-online.com.my and protected as how www.pacific-online.com.my will protect its’ own information.
- We reserve our right to refuse the registration of and/or sale and purchase of any Products, and to terminate the registration of accounts or the registered accounts may be denied access at our absolute discretion for any reason we deem fit without prior notice.
- www.pacific-online.com.my will not modify, change or update information provided by you unless it is compelled to do so under the laws or due to any special circumstances.
- You agree to be fully responsible for all access to www.pacific-online.com.my using your registered account.
- You further agree to safeguard your registered account details at all times to prevent unauthorized use. www.pacific-online.com.my shall not be liable for any form of damages or losses caused howsoever including any damages or losses arising from a third party gaining authorized or unauthorized access to your account at www.pacific-online.com.my
- All products shown on www.pacific-online.com.my are for illustration purposes only.
- Whilst due care has been taken to ensure the Products illustration and information provided in www.pacific-online.com.my including Products pricing is as accurate as possible, the price advertised as a comparison with the pricing of the Products offered by www.pacific-online.com.my may be an estimate reflective of normal market pricing of the Products, photos and images used are only representations and by way of illustration of the Products and variations may apply from time to time. We do not warrant the accuracy or completeness of the pricing, materials and information provided by www.pacific-online.com.my or any link sites thereto.
- We reserve our right to change without any prior notice such information including any amendments to the Terms and Conditions made available to you arising from your access of www.pacific-online.com.my and the link sites.
- It is your responsibility as a user to review and understand all applicable terms and conditions for your access to www.pacific-online.com.my and the link sites at all times.
- You may not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorized access to this website, to the server which hosts this site or to any other server, computer or data base related to our website. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack.
- By breaching of clause 12 provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website will cease immediately.
- The Company does not represent or guarantee that the website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and the Company disclaims any liability relating thereto.
- Providing full payment of all sums due in respect of the products, including delivery charges have been made for the products purchased, the products will be at your risk from the time of delivery of the products to you; regardless of whether you actually physically take delivery of the products or not.
- We reserve the right to withdraw any products from this Website at any time and/or to remove or edit any materials or content on this Website at any time, without reference to any party. We will not be liable to you or any other third party by reason of our withdrawing any product from this Website or our removing or editing any materials or content on this Website. We may also terminate, change, suspend or discontinue any aspect of the Website including but not limited to, hours of availability of the Website, and we will not be liable to you or to any third party for doing so.
- If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account; and/or (ii) terminate the license to the Website; and/or (iii) preclude access to the Website (or any part thereof).
- The laws of the MALAYSIA govern these terms of sale of this Website and Agreement, and you irrevocably consent to the jurisdiction of the courts of Malaysia for any action arising out of or relating to these terms and conditions of sale. The Website has been designed to comply with the laws of Malaysia. If the Website fails to comply with the applicable legislation in the country from which you access the Website, you must stop using the Website forthwith.
- All copyrights, trademarks and other intellectual property rights in all contents, materials, concepts and graphics supplied as part of this website shall remain at all times our property or the property of our suppliers or other third party contents providers, as the case may be. Strictly, you are not permitted to use or reproduce any of these materials in any way without our and/or the relevant third party proprietor(s)’ prior written approval.
- If you have any inquiries, complaints and even suggestions, you may feel free to contact our Customer Service department by emailing us at email@example.com or Whatsapp : www.wasap.my/601111155526.
- Our online Customer Service strictly operates during office hours of Monday until Friday from 9AM till 5PM (GMT +8), excluding public holidays and weekends for Malaysia.
Disclaimer of Liability
- The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.pacific-online.com.my and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.pacific-online.com.my liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
- www.pacific-online.com.my makes no representations or warranties on satisfactory quality, merchantability, fitness for purpose of the Products and in any event, you shall not look to www.pacific-online.com.my for any warranty or representations. Utilization of any warranty given by the manufacturer of the Products shall be governed by applicable law.
- www.pacific-online.com.my shall not be responsible for any delay or failure to perform any of its obligations herein if the event is caused by circumstances beyond its reasonable control or otherwise unavoidable (“Force majeure”).
- www.pacific-online.com.my’s total liability herein in respect of each event or series of connected events which may give rise to any claims shall not exceed the registration account fee of www.pacific-online.com.my, if any, and the value of the Products giving rise to the claims.
Order and Price
- In respect of the online orders, we must receive full payments for the Products that you have ordered notwithstanding due processing of your order may have been made without any payments at all. All Products delivered without payment shall be subject to the unpaid amount becoming due and payable to www.pacific-online.com.my immediately on demand as an outstanding debt. The creation and email of a digital receipt will only occur when full and final payment has been verified.
- All prices listed on the Website are correct at time of listing.
- The availability of the Products as presented in our Website depends on the stock in the respective Outlets and we shall not guarantee that all the items you ordered will be available.
- As not all Products packaging and sizes will correspond with the description/ information and images provided by www.pacific-online.com.my, we reserve the right to provide the best available size of the Product corresponding to the price quoted.
- www.pacific-online.com.my will take all reasonable care to ensure that all prices including any prices advertised as a comparison with the pricing of the Products offered by www.pacific-online.com.my, quantities and sizes of the Products shown by www.pacific-online.com.my is accurate. However, we reserve the right to rectify and amend any inaccuracies in the price and other details of any Products without prior notice.
- We may (but do not undertake to) inform you of any changes, adjustments or amendments in the pricing or description of any of the Products.
- www.pacific-online.com.my will make every reasonable effort to fulfill each order, whilst reserving the right to decline fulfillment of any orders for valid reason for which the non-exhaustive list may include the following:
- Insufficient stock to deliver all the Products you have ordered since all Products are supplied whilst stock last.
- Any of the Products you have ordered is no longer available.
- We do not deliver to the address detailed for delivery.
- One or more of the Products ordered has been listed at an incorrect price due to a typographical/clerical error or any error in the pricing information.
- Any incidences due to unforeseen circumstances or which may render any orders null and void or voidable at our option.
- Force majeure event delaying or prohibiting fulfillment of the order.
- Any other reason which we may deem fit.
- If we cancel your order, we will notify you by email / call and refund to you the total sum paid for your order(s). www.pacific-online.com.my will not be obliged to offer any compensation for disappointment or inconvenience suffered. We shall also not be liable for any loss or damage whatsoever (including indirect or consequential loss) arising from a cancellation of your order. All and any compensation and reimbursement of any damages and losses shall be limited to the total amount paid for the relevant Product in your order.
Delivery and Inspection of Products
- A verified third party delivery service provider will deliver the Products ordered by you at the address provided during ‘Checkout’ or in default, at the address detailed in your email.
- We deliver to almost all addresses in the Peninsular Malaysia. However, we reserve the right to restrict deliveries to certain addresses and we do not deliver to P.O. Box address. We are unable to ship to any International address at this moment.
- We will make every reasonable effort to ensure all Products ordered by you will be delivered on time; in any event, we shall not be liable for any damages or losses arising from late or cancelled deliveries, save that in the event of cancelled deliveries, we will refund to you the full payment made to us in accordance with the Refund and Return policy.
- At the time of delivery, you may be required to validate the delivery of the products by signing-off with the delivery personnel. You agree to inspect the packing of the parcel and to ensure the seal is not damaged or opened before you sign for received products. Please check the content of the parcel if you found the seal is broken and you may refuse to sign for received products.
- All title to the Products shall pass to you upon full payment. Risk in the Products shall pass to you upon delivery of the Products at the address for delivery.
- We strive to deliver your purchased products in the shortest time possible. All orders are in processed as soon as the transaction is confirmed. All orders are dispatched and delivered by our designated carrier, Sunday - Thursday, excluding weekends and public holidays.
- Confirmed orders will be shipped out from our warehouse within 3 business day(s), from Sunday - Thursday, excluding weekends and public holidays.
- Order placed for Fresh Market, Bakery & Delica Cafe shall made before 4 p.m and last delivery will on 6 p.m (applicable for Kota Bharu area only), excluding 1st day of Hari Raya Aidiladha.
- During peak sale / promotional periods, our delivery may take slightly longer than the usual lead time due to heavy surges in online orders (Additional 3-5 working days for your order to arrive). It is advised to place your order 2 weeks in advance for festive periods such as Hari Raya, Chinese New Year, Deepavali, etc.
- There may be promotional offerings for free delivery from time to time so please check in often.
- We reserve the right to refuse and reject any orders cancellation made by you, however exceptions may be made should you email us at firstname.lastname@example.org or Whatsapp : www.wasap.my/601111155526 as provided herein at the soonest after you have submitted your order.
- All deliveries shall be acknowledged and signed off by you or an appointed person at the time of delivery and noted on our copy of the Consignment Note.
- Should you appoint a person to receive the delivery, it is your responsibility to ensure the appropriate person is present to sign off for the Products delivered.
- If no one is present and a missed delivery happens, we will leave you a notification by email and schedule the re-delivery. We reserve the right to charge you a special re-delivery fee depending on your location.
- We shall not be held responsible for any deterioration in the quality of the Products delivered due to a missed delivery including compromised quality of any Product.
- In the event any of the Products delivered are damaged, defective or in an incorrect quantity, it will be your responsibility to inform us as soon as possible and within 5 working days from the date when the Product is received. We will not accept any requests for refunds after 5 working days of the delivery date.
- As we are committed to customer satisfaction, any verified refunds will be processed after 5 to 7 working days. We reserve the right to conduct any refunds in the form of a credit refund in the full amount you have paid for the Product damaged or defective; or a replacement of the same Product or similar Product of equal price.
- On any requests for refund, kindly email us at email@example.com or Whatsapp : www.wasap.my/601111155526 and include all information in relation to the sale and purchase, such as details concerning the reason for rejection of Products, billing/invoice number shown in the digital receipt etc.
How To Track Your Order
1.Please locate your tracking number from the delivery confirmation email or by logging into your user account. You can visit the carrier's website and enter your tracking number in the tracking widget to see the status of your order delivery.
2.Please allow a few hours after you receive the delivery confirmation email for the system to reflect the status of your order delivery.
3.If there is a delay, it will be indicated on the carrier’s website. In the circumstances that you have not seen a status update of your delivery after a week since receiving confirmation email, please us at firstname.lastname@example.org or Whatsapp : www.wasap.my/601111155526 for further assistance.
The Store / Pacific accepts:
- Credit Card/Debit Card: Payment is made upon the ‘Checkout’ process on www.pacific-online.com.my.
- Online Banking Fund Transfers: Payment is made upon the ‘Checkout’ process on www.pacific-online.com.my
A digital receipt will be sent to your email address once payment is made.