TERMS AND CONDITIONS

These Terms and Conditions apply to any orders and purchases made on Agro Farm. Agro Farm reserves the right to amend/update this Terms and Conditions at its sole discretion without notice to you.

These terms constitute a legally binding agreement between you and Agro Farm governing your access to and use of the website, including any subdomains thereof, and any other websites through which Agro Farm makes its services available.

Acceptance and Confirmation of Order

You may place an order on the website. The process for placing an order is as follows:

·        Choose your products and add them to cart

·        Validate the contents of the cart

·        Provide information regarding the client personal details

·        Indicate remarks as well as preferred payment method

·        Confirm the order

·        Validate payment

You are able to see the different stages of the order details and the total price and may correct any errors before confirming your order, thereby expressing your acceptance. Payment for the price of the products makes the order final and no amendment of the order may be entertained by or taken into consideration by the Agro Farm thereafter. Conclusion of the contract is only effective after confirmation of the order by Agro Farm. Agro Farm confirms the order by sending an email to the email address provided. Agro Farm reserves the right to cancel or refuse to accept any order from a person with whom there is a dispute concerning payment of a previous order or who, in Agro Farm’s opinion, presents any form of risk. Any information given by you remains your sole responsibility and any anomalies generated by you may not be borne by the Agro Farm nor shall Agro Farm be liable for any loss or damage occasioned thereby, in the event that it becomes impossible to carry out the order and achieve a successful outcome. 

Unavailability of Products

Agro Farm reserves the right to change the product range at any time and from time to time. Certain offers may have a restricted period of validity that will be indicated for each product or product range. Agro Farm undertakes to honour orders received on the website only within the limits of available stocks. In rare cases, a product that is shown as available on the website may become unavailable after definite registration of the order. In the event that one or several products ordered become(s) unavailable within the time period indicated, Agro Farm undertakes to inform the client of this fact as quickly as possible by email. The order shall be automatically cancelled and the client is reimbursed within 30 days at the latest following full settlement of the amount paid, except where the client expressly wishes to switch his/her order to a substitute product advised by Agro Farm. The client agrees and acknowledges that no penalty shall be applied for such cancellations and that subject to the above, receipt of reimbursement of the amount paid by the client shall be conclusive, and the client waives all rights to claim any penalty or other costs from Agro Farm.

Pricing and Product Information

Whilst every effort is made to fulfil orders in terms of price, details and size through the website, Agro Farm expressly reserves the right to vary the price and other details of the Products without notice. Fresh produce may vary from photo as fresh, natural products are never identical even when they are from the same variety and supplier. As much as Agro Farm tries to reflect the actual Product size, details and price, Agro Farm is not liable for situations when they differ from the actual Product.

In circumstances where some Products size and packaging differ from the description found on the website, Agro Farm expressly reserves the right to provide the nearest size/packaging for the product at the nearest price.

In the event of any price differentials between the online order billing and the final bill whether arising from but not limited to situations around substitutions, daily price changes, out-of-stock Products, special price, mislabelling or mispricing, Agro Farm reserves the right to adjust the final bill after the online bill is presented/conveyed to the Customer and such adjustment shall be final.

Agro Farm has made every effort to display the colours of our products that appear on the website as accurately as possible. However, as the actual colours you see will depend on your monitor or device, we cannot guarantee that your monitor’s display of any colour will be accurate.

Agro Farm shall not be liable to any person for any loss, damage incurred or inconvenience suffered in the event we decline to fulfil an order for whatever reason including but not limited to an unforeseen circumstance (including but not limited to lack of availability, quantity or specification) as the case may be.

When requesting goods by weight, we reserve the right to supply goods with a weight difference. However Agro Farm shall make every effort to ensure the weight difference is minimal and as close to your request. 

The cost of the services is not included in the price of the goods. The information about the cost of the services is available on the website once you book delivery date.

Payment

You can use a debit or credit card or cash on delivery to pay for your shopping. We accept the following payment providers, issued by banks in Malaysia:

• Visa 
• Master
• Debit Cards

You can also pay via direct FPX transfer from your bank.

Full payment card authorisation for the amount corresponding to the total price of goods (including service charges) that you have requested shall be made at the time of the order.

Our liability to you in connection with any order will not exceed the total price charged for the relevant items.

All payments are in Malaysian Ringgit only.

Payment information is transmitted through a secure payment channel using our secure server. Once payment mode has been selected and order has been submitted, any changes on payment mode is not possible.

Agro Farm reserves the right to change the mode or method of payment for products offered online at any time and you should refer to the Terms & Conditions on the website for the latest information available.

Limitations

You may not use the website its services or associated services, for any of the following purposes:

1.        Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material

2.        Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice

3.        Gaining unauthorised access to other computer systems

4.        Interfering with any other person’s use of the website

5.        Interfering or disrupting networks or web sites connected to the website

6.        Inciting hatred, abusive behaviour, bullying, violence, or any other similar actions towards any group, individual, or organisation based on but not limited to areas of religion, race, language, culture, currency, nationality, sexual orientation, gender identity, social position, economic position, education level, dress, manner, or otherwise.

7.        Making, transmitting or storing electronic copies of materials protected by copyright without the permission of Agro Farm.

You shall indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out/ or in connection with: 

1.        any claim by any third party that the use of the website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice; 

2.        any claim by any third party that the use of the website by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and 

3.        any fines or penalties imposed by any private organisation, government authority or related bodies, regulatory, advertising or trading body, or authority in connection with the use of the website by you.

Termination

If you violate any of these Terms and Conditions, your permission to use the website may be suspended or revoked, and we reserve the right to suspend or terminate your access to, and use of, the website at any time without explanation, reason or communication required.

Intellectual Property

The content of website is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website without written permission from us.

No licence is granted to you in these Terms and Conditions to use any trade mark of Agro Farm.

Prohibition of Sales Outside the Network

The products are intended to be sold exclusively through our distribution networks. It is therefore strictly prohibited to buy products for resale purposes outside of our networks, in particular, through websites. Over and above an infringement of our brands and the integrity of our products, such acts may involve the legal and criminal liability of their perpetrators, where appropriate.

Applicable Law and Disputes

The Terms & Conditions, and any disputes arising from or under the Terms & Conditions shall be governed by Malaysia law. You agree to submit to the exclusive jurisdiction of the courts of Malaysia regarding any such dispute.

Miscellaneous 

You may not assign, sub-license, or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. 

If you breach these Terms and Conditions, Agro Farm will still be entitled to use its rights and remedies at any and all later dates or in any other situation where you breach the Terms and Conditions. 

Agro Farm shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.