This website www.deliciouslychocolate.com ("the Site") is owned and operated by Delicious Creations Sdn Bhd ("us", "our" or "we").

This document is only available in English.

The following constitutes a legal agreement between a consumer ("you") and us with respect to our website service, the terms of which are set out below. You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of this Site. If you are under 18 but at least 15 years of age, you must present this Agreement to your parent or legal guardian, and he or she must check the box below to enter into this Agreement on your behalf. Children under the age of 15 may not register for this Site, and parents or legal guardians may not register on their behalf. By checking the box indicating your acceptance of this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this Site, including all legal liability that he or she may incur. Each registration is for a single user only. We do not permit you to share your user name with any other person nor with multiple users on a network. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box and do not attempt to access the Site.
Our Site is established to enable you to chose and purchase products from our Site ("Products) that we offer for sale online.

ACCESSING OUR SITE
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Site, or to our entire Site, to users who have registered with us.

TERMS AND CONDITIONS FOR PURCHASE OF PRODUCTS

1.ORDERING

1.1 Our website service permits you to purchase our Products from this Site. These purchases can be made and are permitted strictly pursuant to the terms and conditions set out below.

1.2 Your order constitutes an offer to us to buy a Product. After placing an order, you will receive an email from us. This email is an Order Confirmation to notify you of the fact we have received and accepted your order. A receipt will accompany the Order Confirmation email.

1.3 Your purchase order cannot be accepted until payment in full for the Products ordered has been received by us at which time a legally binding agreement on the terms set out herein will become effective.

2.1 Once an order has been placed and payment taken, we are unable to accept cancellations.

3. CHANGES

3.1 If you wish to change the date or time of delivery or collection of your order, or to change the recipient address, then we will accommodate you, subject to 5 working days advance notice.

4. PRICE AND PAYMENT

4.1 The price to be paid by you for any Products will be as quoted on our Site except in cases of obvious error. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an invoice, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an incorrect pricing.

4.2 Our prices include good & services tax (if applicable) but exclude delivery costs, which will be added to the total amount due before completion of your order

4.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an invoice.

4.4 Payment for all Products is via IPay 88, a secure online payment gateway.  Ipay88 allows you to make payments online using your credit card or by debiting your bank account. Terms and conditions of use of Ipay88 can be found at http://www.ipay88.com/agreement/terms.asp

4.5 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or for any reason does not, authorise payment to us, whether in advance of or subsequent to a payment, we will not be liable for any delay or non-delivery of the Products ordered.

5. AVAILABILITY, DELIVERY AND COLLECTION

5.1 The Products ordered by you can only be delivered to the delivery address provided by you to us, or collected by you from our shop, within a given time slot which we will notify to you in the Order Confirmation.

5.2 If for any reason you find yourself unable to collect your order from the designated shop within the given time slot, we will retain your ordered products for collection by you for 24 hours.

5.3  By agreeing to use our delivery service upon ordering, you herebyalso agree to the terms and conditions of delivery issued by our delivery agent, a copy which can be obtained here.

5.4  We shall endeavour through our delivery agent to use their best effort to deliver the Products to the address and/or addressee by the preferred delivery date and time zone as indicated during the ordering process.  Notwithstanding the foregoing, you hereby agree and acknowledge that all deliveries are subject to potential delays including but not limited to delays resulting from adverse traffic conditionsand/or as a result of events which affects the delivery schedule which is beyond our delivery agent’s control.

5.5  You hereby agree that the delivery on the preferred delivery date and time zoneare not guaranteed and we will not be liable for any damage or loss caused by such delay unless the delay is as a result of our delivery agent’s fraud, gross negligence or willful misconduct.

5.6  Delivery is deemed to have been completed where the Products are delivered to the address of addressee(i.e. the management office of building) and/or alternative addressee as specified by you but not necessarily to the named addressee personally.

5.7  In the event that the address and/or addressee is found to be absent or specified in error during ordering and no other persons are present to take delivery of the Products, the Products will be held at our delivery agent’s premise within a reasonable time period until a second delivery attempt is made.  However, if further attempt(s) to deliver the Products fails, we shall notify you to seek your instructions on the disposal of the undelivered Products.  You may request to collect the undelivered Productsat our delivery agent’s premise, request to dispose the undelivered Products orto re-direct the undelivered Products to a new delivery address subject to an additional delivery cost to be borne by you. 

5.8  In the event that the named addressee refuses to take delivery of the Products, the Productswill be deemed as undelivered and we shall notify you of the delivery failure and seek your instructions as to the appropriate action to be taken, such as the disposal or re-delivery of the Products at your responsibility and costs within a reasonable time period from the date of such delivery failure.

5.9  In the event that you do not provide instructions to us regarding the appropriate action to be taken within a 48 hours after we have notified you on the delivery failure, the Products will be disposed at our discretion without any form of re-imbursementby us to you and we shall not be liable for any loss incurred by you for failure of such deliveries.

5.10  Loss or damage during delivery - In the event the Product is lost or damaged during transit/delivery, we shall notify you of such loss or damage within a reasonable time and shall seek your instruction as to the replacement of the same Product with another delivery date and time zone.  We shall at our best effort replace the lost or damaged Product at the earliest possible new delivery date and time zone specified by you.  However, we shall not be liable for any losses incurred by you due to such loss or damaged. 

5.11  DamagedProducts  -  All due care shall be taken by us and by our delivery agent in respect of the Delivery Item.  However, in the event the Delivery Item is found damaged upon receipt from our delivery agent, we request that you either reject the Delivery Item or notify us in writing within 24 hours of suchreceipt and we shall at our discretion,replace the damaged Productwith a new Product at a newdelivery date and time zone.  We shall at our best effort replace the damaged Product at the earliest possible delivery date and time zone specified by you.  However, we shall not be liable for any losses incurred by you due to such damage.

6. RISK AND TITLE

6.1 The Products will be at your risk from the time you collect the Products from our shop or we deliver them to you.

6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due for them, including delivery charges.

7. RETURNS POLICY

7.1 We do hope that you will be pleased with your purchase. However, if upon collection of the Products you find that they are not those ordered by you (for example, the colour or wording is incorrect), or the order is incomplete, or a Product is in a damaged condition when you receive it, please notify the staff at our shop at which you are collecting your Products immediately and we will try to resolve the issue as quickly as possible. For delivery orders, please notify us by telephone +60 18 287 8828 as soon as you receive the Products. If a Product is not as on the Order Confirmation or damaged and we are not able to resolve the issue, we will credit or refund your purchase.

7.2 In the case of damaged goods you must retain the damaged Products and all packaging for inspection by us. Subject to our report on the claimed damage and to these Terms and Conditions we will, if satisfied that the damage to the Products is our fault, refund the price you paid for the returned Products together with the delivery charge, or at our option we will provide you with a credit for further products. We will have no liability to you for any indirect loss. Please state clearly your dispatch details in all communications to us.

7.3 We will only make a refund to the original credit card or bank  account used by you to make the online purchase. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.

7.4 Since taste is a very personal matter and subjective we cannot accept the return of any Products merely because you do not like the taste.

7.5 We have made every effort to display as accurately as possible the colours of our products that appear on our Site and also to ensure that the colours on screen are as close as possible to the colours of the actual product. However, the colour of the actual product you see on your screen will depend on your monitor, your screen settings and resolution. Accordingly, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery and we cannot accept the return of any product because it does not match the colour you were expecting from viewing your screen display.

7.6  All photos presented on this website and/or on our advertising collaterals are for illustration purposes.  Each price displayed is for the specified product only and does not include any items that may appear in the photo(s) which does not form part of the product description. 

7.7 The provisions of this clause do not affect your statutory rights.

8. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

8.1 We have the right to revise and amend these Terms and Conditions from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

8.2 You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the invoice (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).

9. YOUR AGREEMENTS

YOU AGREE that:-

9.1 it is your responsibility to provide accurate personal information ("Personal Data") and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of selling and delivering Products to you are correct and that the credit card or bank account that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the costs of Products ordered. We will not store your credit card or bankaccount details anywhere in the Site;

9.2 It is your responsibility to ensure that your email address is current otherwise certain functions of the Site will not be available to you. We will only use your Personal Data in accordance with our Privacy Policy;

9.3 It is your responsibility to maintain the confidentiality and security of your Personal Data especially your user name. You will not allow others to use your user name and you will notify us immediately of any unauthorised use of your user name. We shall not be responsible for any losses arising out of the unauthorised use of your user name and you agree to indemnify and hold us harmless, for any improper, unauthorised or illegal uses of the same.

9.4 We shall be entitled to withdraw from any purchase order made by you if the Product is inaccurately described on the Site or where obvious errors have been made;

9.5 Whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site).

9.6 You will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright.

9.7 variation in computer, browser and operation will create differences in visual layout and usability of the Site. We have given due care and attention to minimising these differences, but cannot be held responsible for specific operational differences.

10. SYSTEM REQUIREMENTS

The computer, internet access and system operated by you and your ability to use the same may affect your ability to purchase any Products from our Site. You acknowledge and agree that any system requirements necessary to preview, and /or view and/or purchase any Products from our Site are your responsibility.

11. MISUSE OF THE SITE

11.1 We reserve the right to suspend or terminate your access to the Site or parts of it if at our sole discretion we believe you are in breach of any provision of this Agreement. If your access has been suspended or terminated you will not be permitted to re-register or to re-access the Site without our prior consent.

11.2 You will only use the Site for the purposes referred to in this Agreement and not access the Site or use information gathered from it to send unsolicited e-mails.

12. INDEMNITY

You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors' or attorneys' fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms and Conditions for your use of the Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.

13. ASSIGNMENT

13.1 You may not transfer or otherwise deal with your rights and/or obligations under these Terms and Conditions.

13.2 We may sub-contract, transfer or otherwise deal with our rights and/or obligations under these Terms and Conditions in whole or in part.

14. GENERAL

14.1 We may require you to change your user name or any other information which permits you access to purchase Products from the Site.

14.2 We have the right to withdraw any Product from the Site for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such unavailability.

14.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

14.4 We will not be liable for errors or omissions on the Site nor for loss or damage suffered by you as a result of any unavailability of the Site or by any use by you or reliance placed on the Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data.

14.5 We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon the Site.

14.6 The Site is provided "as is" and you acknowledge that despite our reasonable endeavours the Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified by email to website@hummingbirdbakery.com.

14.7 We shall not be responsible to you for damages or otherwise in respect of any error made to any listing of or reference to Products.

14.8 We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site (or any part thereof) without notice to you and without any liability to you or to any third party.

14.9 We reserve the right to deactivate your account if it has not been active for a period of 12 months or more, and to remove it from the database if no communication has been received from you for a further 3 months after deactivation has occurred.

14.10 Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.

14.11 We welcome 'hot links' to the Site, but not 'deep linking' by which we mean that you may not include a link to our Site, or display the contents of our Site, surrounded or framed or otherwise surrounded by content not originating from us without our consent. Any unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and may result in the termination of this Agreement or other remedies as set out in this Agreement.

14.12 It is the responsibility of advertisers and sponsors on this Site to ensure that any content submitted by them for inclusion on the Site complies with applicable laws and regulations and we shall not be responsible for or liable to any extent for any error or inaccuracy which may appear in such content.

15. INTELLECTUAL PROPERTY RIGHTS

15.1 All intellectual property content on the Site including, without limitation trademarks, button icons, logos, graphics and images is owned by us.Your use of them is governed by this Agreement, certain end-user licence agreements, and applicable law.

15.2 You will infringe our rights if you copy or reproduce any part of the Site save for:

15.2.1 a temporary copy of any part of the Site which is automatically made or retained by your browser as you browse the Site; or

15.2.2 you printing out any pages from the Site as a record of any Products you have purchased from it; or

15.2.3 you printing out a copy of the Terms and Conditions which we would request you to do; or

15.2.4 your own personal use provided that:

15.2.4.1 no documents or related graphics on the Site are modified in any way;

15.2.4.2 no graphics on the Site are used separately from the corresponding text; and

15.2.4.3 the Company's copyright and trade mark notices and this permission notice appear in all copies. Other than for the above four exceptions you must not copy the intellectual property in question for any purpose.

15.3 For the purposes of this Clause 21 "copy" and "copying" shall include non-literal copying as well as the copying of the structure and form of the Site and any elements within it.

16.  PRIVACY POLICY

This section together with the Privacy Policy set out here form part of our overall Privacy Policy.  By agreeing to the use of this website, you hereby authorize us to use data supplied by you for the purpose of ordering and delivery of our Products which includes but not limited to disclosure of the data by us to any of our staff, third party service provider(s) and/or agents to fulfil the order and delivery transaction.

17. DISCLAIMERS

17.1 You understand and agree that your use of the Site is at your own sole risk. The Site is provided "as is" and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.

17.2 We make no warranty that any particular device or software you use will be compatible with this Site. It is your sole responsibility to ensure that your system(s) will function correctly with this Site.

17.3 Under no circumstances shall we be liable for any unauthorised use of the Site or the Products.

17.4 Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use the Site, even if we have been advised of the possibility of such damages.
Concerning the Products:

17.5 The Products ordered are fresh on the day of delivery to or collection by you and for best results should be consumed within 24 hours from the time of delivery or collection if kept by you at an ambient temperature in the box provided. Products placed in a fridge or a freezer or kept for a time longer than 24 hours are so kept at your own risk and we are not liable for any deterioration of the Products in these circumstances.

17.6 Products which were due to be collected by you from one of our shops and which you failed to collect on the appointed day, or Products which we have taken back to our shop because you were not available to receive the same during the delivery slot agreed for you, must be placed by us in our fridges overnight to comply with Food Safety legislation. Accordingly these Products cannot be kept by us at an ambient temperature and are therefore likely to deteriorate. We cannot accept any responsibility for deterioration of the Products in these circumstances.

17.7 We cannot accept responsibility for damage caused by you or by a courier/agent engaged by you to collect Products from one or our shops if they are damaged during transit to your home provided that you or your courier/agent has signed our “delivery receipt” confirming that the goods were in good condition and undamaged at the point of collection.

17.8 Under no circumstances shall we be liable to you in respect of any complaint concerning any aspect of any Product which is not raised by you within 24 hours of delivery by us or collection by you or your courier/agent.

17.9 We will notify you of any Product containing nuts on the specific Product’s web page. However, since our kitchens do handle nuts we cannot guarantee that traces of nuts will not be found in our Products and therefore we do not accept any liability for any damage to health or any distress caused to you by the consumption of such Products.

18. THIRD PARTY RIGHTS

This Agreement is only for the benefit of you and us and no other person can claim a benefit from this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 which Act shall not apply to this Agreement.

19. LAW AND LEGAL NOTICES

This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Malaysia Law governs this Agreement and your use of the Site, and you expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Site.

20 . ACKNOWLEDGEMENTS

You acknowledge that we may change the terms of this Agreement by posting a new Agreement on the Site. You acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made and your continued use of the Site after such a change will constitute your acceptance of the changes.

By clicking the accept button you acknowledge that you have read, understood and agree to be bound by the Terms and Conditions of this Agreement and by our Privacy Policy both of which are available from every page of our website http://www.deliciouslychocolate.com. Delicious Creations Sdn Bhd is a limited liability company incorporated in Malaysia with Registered Number 844129-D and whose Registered Office is at suite 288 MBE Desa ParkCity, GF-16 The Waterfront@Parkcity, No 5 Persiaran Residen, 52200 Kuala Lumpur, Malaysia.