GENERAL TERMS AND CONDITIONS OF PURCHASE AND USE

 

1.  INTRODUCTION

 

This document (together with the documents mentioned herein) establishes the general terms and conditions that govern the use of this website www.thepurplesesame.com and the purchase of products on it (hereinafter referred to as the "Conditions").

 

2.  OUR DETAILS

 

Sale of goods through this website is carried out under the name The Purple Sesame by Worthy Accomplishment Sdn Bhd, a company incorporated in Malaysia with registered address at Pusat Perdagangan Puchong Prima, E-03-05, Block E, Jalan Prima 5/3, Taman Puchong Prima, 47100 Puchong, Selangor Darul Ehsan. (Hereinafter referred to as the “Company”).

 

3.  YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE

 

The information or personal details that you provide us shall be processed in accordance with the Data Protection Policies. When you use this website, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality.

 

4.  USE OF OUR WEBSITE

 

When you use this website and place orders through it, you agree to:

 

i.  Use this website to make enquiries and legally valid orders only.

ii.  Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorised to cancel it and inform the competent authorities.

iii.  Provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary (see our Privacy Policy).


If you do not provide us with all the information we need, you cannot place your order.

 

When you place an order on this website, you state that you are over the age of 18 and are legally eligible to enter into binding contracts.

 

5.  SERVICE AVAILABILITY

 

Delivery service for the articles offered on this website is available in Malaysia only.

 

6.  FORMALISING THE CONTRACT

 

The information set out in the Conditions and the details contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any items shall exist between us and you until your order has been accepted by us (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.

 

To place an order, you must follow the online purchasing procedure and click on "Authorise payment" to submit the order. After doing so, you will receive an email from us confirming receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to purchase one or more items from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e‐mail that confirms that the item has been dispatched (the "Delivery Confirmation").

 

The contract for the purchase of an item between us (the "Contract") will only be formed when we send you the Delivery Confirmation. The Contract will relate only to those items whose dispatch we have confirmed in the Delivery Confirmation. We will not be obliged to supply any other items which may have been part of your order until the dispatch of those items has been confirmed in a separate Delivery Confirmation

 

These Conditions and the Contract constitute a written agreement between us.

 

7.  TECHNICAL MEANS TO CORRECT ERRORS

 

In case you detect that an error occurred when entering your personal data during your registration as a user of this website, you can modify them in the section "My Account".

 

In any case, you will be able to correct errors related to the personal data provided during the purchase process by contacting the customer service via our email address admin@thepurplesesame.com,

 

If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service to correct the error.


8.  AVAILABILITY OF PRODUCTS

 

All product orders are subject to availability. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse any amount that you may have paid.

 

9.  REFUSAL TO PROCESS AN ORDER

 

We reserve the right to remove any product from this website at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation. We reserve the right to do so at any time.

 

We shall not be liable to you or to any third party for removing any product from this website, or for removing or modifying any material or content from the website or not processing an order once we have sent the Order Confirmation.

 

10.  DELIVERY

 

Notwithstanding Clause 8 above regarding product availability and except for extraordinary circumstances, we will endeavor to send the order consisting of the product(s) listed in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method and, in any case within a maximum period of 30 days from the date of the Order Confirmation.

 

Nonetheless, there may be delays for reasons such as the occurrence of unforeseen circumstances or the delivery zone.

 

If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid.

 

For the purpose of these Conditions, the "delivery" shall be understood to have taken place or the order "delivered" as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the delivery address indicated by you.

 

11.  INABILITY TO DELIVER

 

If it is impossible for us to deliver your order, we will attempt to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse.

 

We will also leave a note explaining where your order is located and what to do to have it delivered again. If you will not be at the place of delivery at the agreed time, we ask you to contact us to organize delivery on another day.


If after 30 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we shall assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Contract, we will return to you all payments received from you, including delivery charges (except for any additional charges resulting from your choice of any delivery method other than the ordinary delivery method that we offer) without any undue delay, and at any rate, within 14 days of the date on which this Contract has been terminated.

 

Please keep in mind that transport derived from the termination of the Contract may have an additional cost which we will be entitled to pass on to you.

 

12.  PRICE AND PAYMENT

 

The price of the products will be as stipulated at all times on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the website are correct, error may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.

 

We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Delivery Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price.

 

The prices on the website exclude delivery charges. Delivery charges will be added to the total price as indicated in our Shopping Guide.

 

Prices may change at any time, but (other than set out above), the changes shall not affect the orders for which we have sent an Order Confirmation.

 

Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You are provided with a detailed description of the purchase process in the Shopping Guide. Also, if you are a registered user, a record of all the orders placed by you is available in "Food & Drinks Menu" area.

 

You may use, the credit card as payment method.

 

Credit cards are subject to verification and authorisation by the card issuing entity. If the entity does not authorise the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any Contract with you.

  

13.  EXCHANGE/RETURN POLICY

 

No refunds, exchange, cancellations or amendments is applicable once payment is processed and completed online

 

14.  LIABILITY AND WAIVING LIABILITY, STATUTORY CONSUMER RIGHTS

 

Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product.

 

15. INTELLECTUAL PROPERTY

 

You recognise and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the website belong to us at all times or to those who grant us the licence for their use. You may use said material only to the extent that we or the usage licencers authorise expressly. This does not prevent you from using this website to the extent necessary to copy the information on your order or contact details.


16.VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

 

You must not make undue use of this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other software or technologically damaging or harmful material. You shall not attempt to make unauthorised access to this website, the server on which the site is hosted or any server, computer or database related to our website. You undertake not to attack this website through any attack of denial of service or an attack of distributed denial of service.

 

Failure to comply with this Clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will co‐operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this Clause, authorisation to use this website shall be suspended immediately. We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects you.

 

17.LINKS FROM OUR WEBSITE

 

If our website contains links to other websites and third‐party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Accordingly, we shall not accept any liability for any damage or harm deriving from their use.

 

18.WRITTEN COMMUNICATION

 

Applicable regulations may require that some of the information or notifications that we send to you be in written form. By using this website, you agree that most of the communication with us will be electronic. We will contact you by email or we will provide you information by posting alerts on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your statutory rights.

 

19.  NOTIFICATIONS

 

The notifications that you send us must be sent preferably through our contact form. Pursuant to the provisions in Clause 18 above and unless otherwise stipulated, we may send you notifications either by email or to the postal address you provided us when placing an order.

  

20.  EVENTS BEYOND OUR CONTROL

 

We will not be liable for any non‐compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control ("Force Majeure").

 

Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

i.  Strike, lockout or other forms of protest.

ii.   Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.

iii.  Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.

iv.   Inability to use trains, ships, aircraft, motorised transport or other means of transport, public or private.

v.  Inability to use public or private telecommunication systems.

vi.  Acts, decrees, legislation, regulations or restrictions of any government or public authority.

vii.   Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.

 

It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.

 

21.  WAIVING RIGHTS

 

The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of a Contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations.

 

The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions.


The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalised and notified to you in accordance with the provisions of the Notifications section above.

 

22.  OUR RIGHT TO MODIFY THESE CONDITIONS

 

We have the right to review and modify these Conditions at any time.

 

You are subject to the policies and Conditions in effect at the moment in which you use this website or place each order, except when by law or decision of governmental entities we must make changes retroactively to said policies, Conditions or Privacy Policy. In this case the possible changes will also affect orders made previously by you.

 

23.  APPLICABLE LEGISLATION AND JURISDICTION

 

The use of our website and the product purchase contracts through said website shall be governed by the Malaysian laws.

 

Any controversy that arises or is related to the use of the website or said contracts shall be subject to the non‐exclusive jurisdiction of the Malaysian courts.

 

If you are entering into the contract as a consumer, nothing in this Clause shall affect the statutory rights you have, as recognised in any applicable legislation in this area.


24.  COMMENTS AND SUGGESTIONS

 

Your comments and suggestions are always welcome. Please send any comments and suggestions through our contact form.


25.  LOYALTY PROGRAM

  1. You get 2 Sesame points for every RM1 that you spent.

  2. The Purple Sesame Loyalty Program is a two tier system : Purple Tier and Sesame Tier.

  3. To qualify for Sesame Tier, please achieve a minimum accumulated 300 Sesame points earned for every 12 calendar months from your joining date. Sesame Tier status is valid for one (1) years. To maintain/requalify as Sesame Tier, please maintain a minimum of 300 Sesame points earned at every 12 calendar months period following the date you reached Sesame Tier status. If you do not requalify, you will continue enjoying benefits appropriate to the Purple Tier status.

  4. Sesame points are not cash. There is no cash refund for unused Sesame points.

  5. Sesame points are not transferrable.

  6. Signing up rewards must be claimed within 30 days from signing date.

  7. Birthday's rewards can be used anytime within your Birthday month.

  8. Free one (1) Americano or tea (equivalent value) at every 3rd purchase with min spend of RM30 of each purchase.

  9. All time sensitive rewards are implemented based on the stipulated time frame.

  10. We sincerely hope that you are our active loyalty member, thus, we will send a reminder via email/sms, using the information that you registered with us, to you the following month after your account become inactive for 12 calendar months from your registration date. Please active your account within a month from the date of your notification to you or otherwise, we will need to, sadly, close your account with us and all the Sesame points in your account will be cancelled with no further claim from you.

  11. The Purple Sesame reserves the right to terminate, discontinue or modify The Purple Sesame Loyalty Program as and when we deem necessary. We will notify you by email/ sms one month before we effect any changes to the program.