Disclaimer: Any wines, spirits and/or other products or services provided by Fermented Grape Juice Sdn Bhd will be applicable to these terms and conditions so kindly read these Terms of Sale carefully before placing your order with us.
- About Fermented Grape Juice
- This website is operated by Fermented Grape Juice Sdn Bhd (Company No. 1067200-W) (“FGJ”). FGJ is a private limited company and incorporated under the Malaysia’s Companies Act 1965.
- These T&Cs apply when the Consumer buys any goods via this website.
- FGJ reserves the right to change these terms and conditions (“T&Cs”) at any point of time.
- How to Order from FGJ
- Consumers are to place all orders from FGJ via our website at www.fermentedgj.com
- Our Contract with the Consumers
- When the Consumer places an order from the website, it constitutes as an offer to make a purchase from FGJ. An offer is not a contract and there will be no contract of any kind between FGJ and the consumer until and unless FGJ has accepted your order and have actually delivered the wines and products to the Consumer which would constitute the acceptance of the Consumers’ offer of purchase from FGJ, where a contract will be made between FGJ and the Consumer at that moment. At any point up until FGJ has actually despatched the ordered products, FGJ reserves the right to decline to supply the wines and/or products without giving any reason.
- Return & Refund Policy
- FGJ do not have a return and refund policy for Consumers based on the reason that the item of sale in question, i.e. wines and spirits are a fragile item that has to be handled with extreme care to preserve the quality of the product which can easily be affected by multiple factors inclusive but not limited to light and heat factors among others and FGJ takes the highest precaution to ensure all our products are being kept and preserved in the right manner and conditions. However, once the product has been delivered to the Consumer, FGJ is unable to ascertain the manner the product has been handled and if it would affect the quality of the product which would make it unfit to be resold to another Consumer.
- Payment and price
- All prices are quoted in Malaysian Ringgit (MYR) and may be per bottle or per case, as marked. The prices exclude the Malaysia’s duty and GST, unless otherwise specified.
- Payment is in advance by the means stated on FGJ’s website. FGJ will only process the orders and confirm the payments once we obtained the authorisation and/or confirmation from our payment partner. If FGJ do not receive full payment in cleared funds within three (3) working days of the Consumer’s order(s), then FGJ is entitled to cancel this order.
- The price for the goods that the Consumer orders is as stated on FGJ’s website at the time the Consumer place and confirms an order with FGJ via the website. GST or sales tax is excluded unless mentioned otherwise.
- Although FGJ endeavours to ensure that all pricing information on our website is accurate, occasionally an error may occur and products may be incorrectly priced. In the event if a product ordered by the Consumer is listed at an incorrect price, FGJ will contact the Consumer by telephone or email as provided in the order form before despatching the goods asking the Consumer to confirm if the Consumer still wishes to proceed with the order at the correct price or to cancel the order. If FGJ do not receive any reply or confirmation from the Consumer within three (3) working days from the date of FGJ’s email or telephone call, FGJ will consider this as a withdrawal from the Consumer and FGJ will provide a full refund of any payment(s) already made and the refund period will be depending on the Consumers’ selected mode of payments’ Bank’s transaction and working hours of the individual Bank and/or our payment partner’s individual terms and conditions on the refunds made.
- Delivery costs are charged extra at the rate shown on FGJ’s website when the Consumer places their order. These will depend on the delivery method chosen. The delivery charges do not include customs or import duties which may be applied to your order by the relevant authorities. It is the Consumers’ separate responsibility to pay for these if this applies unless otherwise stated in FGJs’ website for any ongoing events or promotions in FGJs’ website.
- FGJ reserves the right to alter prices without notice in the event of major currency fluctuations, changes in the rate of duty, GST or other taxes or other market conditions. FJG also reserves the right to terminate any special offer at any time without prior notice to the Consumer.
- Price Guarantee
- If you spot the same item selling for a lower price elsewhere in Klang Valley, bring us the advertisement or proof of such lower price and we will match that price.
- How are Payments made?
- All transactions are made in Malaysian Ringgit (MYR) via MasterCard Payment Gateway Services, a payment gateway that accepts credit cards and direct debit cards.
- The Consumers’ order
- The Consumers’ order is an offer to purchase the merchandises that is offered in this website from FGJ. Please check your order thoroughly to ensure every particular and/or details entered are correct as FGJ is not liable for inclusive but not limited to any error, fault, inaccuracy, mistake and/or negligence (among others) due to the negligence or nonchalant of the Consumer.
- By law we cannot sell wine to persons under the age of twenty one (21) years old. By making an order for alcoholic products on this site, the Consumer is declaring to us that you are of at least twenty one (21) years old or older.
- Acceptance / unavailability
- All products and services are subject to availability. Wine is an agricultural product and runs out from time to time. Occasionally we have to substitute wines for another vintage or an alternative wine of equal or greater value.
- There will be no binding contract of any kind between the Consumer and FGJ unless and until FGJ have actually despatched the goods to the Consumer. If any goods are unavailable, FGJ will notify the Consumer of the unavailability as soon as possible and will arrange for a full refund if the Consumer have been charged or when both FGJ and the Consumer can mutually agree on a substitution, FGJ will then delivery the substitution goods to the Consumer as though the Consumer has originally ordered such goods from FGJ.
- Delivery & Shipping Policy
- FGJ will only arrange for delivery once FGJ have received full payment in cleared funds and delivery will be to the address which the Consumer have provided in the order form when placing the order.
- Consumers are entitled to Free Delivery within Klang Valley when the Consumers purchase RM 300 and above upon checkout or 6 bottles and above, whichever applicable.
- FGJ will arrange delivery within the time specified on our website or, if none, within a reasonable period of no later than three (3) working days from the date FGJ received the full payment in cleared funds. FGJ is not liable for any late delivery to the extent that this is due to circumstances which are beyond our reasonable control.
- FGJ solely reserves the rights to refuse delivery if we are led to believe that the recipient may be under the age of twenty one (21). Where delivery requires a signature on receipt, the docket must be signed only by a person who is twenty one (21) years of age or older.
- Should the Consumer request the wine to be delivered on a signature required service, please ensure that the Consumer or any authorized person above the age of twenty one (21) is available to sign upon delivery. An extra delivery charge will be applicable if no one is present to accept the delivery and/or either you have not provide an alternative delivery instructions and/or no reasonable efforts have been made to collect the items from the specified holding depot by the delivery company within the stipulated time and the items is subsequently returned to us and the Consumer have requested FGJ to make a second delivery to the delivery address specified or another delivery address that the Consumer requested.
- Risk of damage or loss to the goods is passed to the Consumer on delivery or if the Consumer wrongfully refuse delivery at any means or manner when delivery is attempted.
- Whilst we make every effort to deliver all your goods in the agreed time, we will not be liable if we fail to do so in part or in full due to circumstances beyond our control.
- Re-Sale
- Wines purchased from FGJ are for the Consumer’s own use and consumption only (which may include their use as gifts for third parties). Wines may not be re-sold or otherwise used for commercial purposes.
- If you are a corporate partner or would like to hear about corporate partner opportunities, please Whatsapp us at +60 11-3662 4766 or email us at sales@fermentedgj.com.
- Faulty or mis-described goods
- In the case of faulty or mis-described goods, kindly Whatsapp us at +60 11-3662 4766 or email us at sales@fermentedgj.com with the details of mis-delivery together with a copy of the tax invoice or proof of purchase within three (3) days of receipt of the goods and the FGJ team will get in touch with you at the soonest time available to sort this out.
- Fraud and Crime Prevention
- For the purposes of the prevention or detection of offences, and/or the apprehension or prosecution of offenders, FGJ may share any information that we collect with the police, other public or private sector agencies or representative bodies in accordance with the relevant legislation. Information shared in this way will not be used for marketing purposes.
- Right of Refusal
- FGJ reserve the right to refuse to sell to any individuals or business at any time and for any reason. Also, due to high levels of internet credit card fraud, FGJ reserves the right to reject any order at any time that we deem suspicious.
- Liability of Goods
- Please note that the images of the products on FGJ’s website are for illustrative purposes only. Although FGJ uses our best efforts to display the colours accurately, we cannot guarantee that the Consumer’s device’s display of the colours accurately reflect the colour of the products. The products the Consumer purchases may vary slightly from those images.
- FGJ is not responsible for any delay in, or failure of, performance of our obligations under these T&Cs arising from any event which is outside of FGJ’s control (for example, an act of God, governmental act, war, fire, adverse weather conditions including snow, flood or storm, explosion or civil commotion, failure of a third party (other than our sub-contractors) or in information technology or telecommunications services, or industrial action). In the event of a significant delay or failure, we will contact you and take reasonable steps to minimise the effect of the delay or failure.
- FGJ will not be liable to the Consumer or to any third party for any loss, damage or costs which arise as a result of:
- The Consumers’ failure to lift, transport, store or otherwise handle any product in an appropriate and safe manner; or
- The Consumers’ failure to comply with the recommendations set out in the “Risks, warnings and storage conditions” section below; or
- any spillages or breakages involving one or more of FGJ’s products, unless such loss, damage or cost arises as a result of our negligence or one of our products being faulty or defective.
- Nothing in these T&Cs shall affect our liability for death or personal injury arising from our negligence, for fraud, or any other liability which cannot be excluded or limited under applicable law.
- Risks, warnings and storage conditions
- The Consumer should be aware of the following inherent risks and warnings in respect of FGJ’s products:
- Alcohol should be consumed in moderation.
- A case of wine is heavy so extra care should be taken when lifting it. If you are concerned about the weight, we advise that you transfer the bottles 1 or 2 at a time.
- Red wine in particular may cause staining if spilt so extra care should be taken.
- Sparkling wines and champagnes can be volatile due to the build-up of gasses. Extra care should be taken when opening these.
- The correct storage of wine is of vital importance. Where possible, you should store bottles horizontally, at a stable, cool temperature, out of direct light and in an atmosphere which has some moisture in order to avoid the drying out of corks. The wine should be subject to as little movement as possible.
- The Consumer should be aware of the following inherent risks and warnings in respect of FGJ’s products:
- Your account
- Some areas of the Website may require the Consumer to register an account with FGJ in order to use the services or purchase products. By registering, the Consumer agrees that:
- The personal information that the Consumer is required to provide when you register as a customer is true, accurate, current and complete in all respects.
- You will notify us immediately of any changes to the personal information by updating your details within the “My Details” section within your online account or by contacting us using the contact details below.
- You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information.
- If any information provided by you is untrue, inaccurate, not current or incomplete or if we suspect that any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Website or your account.
- Some areas of the Website may require the Consumer to register an account with FGJ in order to use the services or purchase products. By registering, the Consumer agrees that:
- Privacy and data protection
- FGJ processes information about the Consumer in accordance with the Personal Data Protection Act 2010. By using the website, the Consumer consents to such processing and you warrant that all data provided by you is accurate.
- General liability
- FGJ has taken all reasonable care in the preparation of the content of the website. However, to the extent permitted by applicable law, FGJ do not make any representations, warranties or terms of any kind in respect of the website or their contents (including, without limitation, its accuracy or any views or comments made). Access to and use of the website and content on the website is entirely at the Consumers’ own risk. FGJ accepts no liability for viruses or other device contaminants. The Consumers’ are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading content from the website.
- FGJ expressly exclude, to the fullest extent permitted by law, all liability of Fermented Grape Juice Sdn Bhd, its directors, employees and other representatives, howsoever arising, for any loss or damage suffered as a result of the Consumer’s (i) use of, or inability to use, the website; or (ii) use of or reliance on any content displayed on the Website.
- All content, text and graphics on the Website, unless specified, are directed solely at those who access the website from Malaysia. FGJ makes no representation and will not be held liable for any use of the website by individuals who access the website from other locations.
- Information transmitted via the website will pass over public telecommunication networks. FGJ makes no representation or warranty that the operation of the website will be uninterrupted or error free and we will not be liable to the Consumer if for any reason the website are unavailable at any time or for any period or if there are any errors.
- The website may include links to website and/or services owned and/or operated by third parties. These are provided for the Consumers’ convenience only. FGJ is not responsible for and do not give any warranties or make any representations regarding any such website and/or services, their content or the Consumer’s use of them.
- Nothing in this section shall affect FGJ’s liability for death or personal injury arising from FGJ’s negligence, liability for fraud, or any other liability which cannot be excluded or limited under applicable law.
- This section does not:
- apply to FGJ’s obligations under the T&Cs – please see the “Liability of goods” section in the T&Cs for details of our liability to the Consumers’ in respect of the T&Cs; or
- affect the Consumers’ legal rights as a consumer in respect of any of FGJ’s products or services (for example, if any of FGJ’s products do not match the description given to them on the website).
- Limitation Liability
- FGJ are not liable for any loss of condition or decline in market value in the wines that are being purchased from FGJ including but not limited to natural processes, ullage, being cellared too long and each bottle of wines sold and delivered are held at the Consumers’ own risk.
- Termination
- FGJ reserves the right to suspend the Consumer’s use of the Website at any time for operational, regulatory, legal or other reasons. FGJ may terminate the Consumer’s use of the website and/or your account with us with immediate effect if you breach any of these Terms.
- General amendments to these T&Cs
- FGJ may update or amend these Terms from time to time to comply with law or to meet our changing business requirements by amending this page without notice to the Consumer. The Consumers are expected to check this page from time to time to take notice of any changes made. Such changes will be effective as soon as they are posted on the website. By continuing to use the website or purchasing products or services from FGJ, the Consumers are agreeing to be bound by the terms of these updates and amendments.
- Availability of FGJ’s site
- FGJ will do our best to maintain the operation of our website and to rectify faults if they occur but we cannot guarantee that it will be uninterrupted or error-free. FGJ may have to suspend the site for repair, maintenance, improvement or other technical reason.
- Third party website
- We may link to third party website which may be of interest to the Consumer. FGJ do not recommend or endorse those websites or the products or services which they offer nor are we legally responsible for them as they are outside our reasonable control. The Consumers will be using such third party websites at your own risk.
- “Act of God”
- Neither the Consumers nor FGJ are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond its reasonable control.
- Malaysia law
- These T&Cs shall be governed by Malaysia law and any disputes will be decided only by the courts of the Malaysia.
- General
- Headings used in this T&Cs are for information, easy reference and clear separation of texts and are not binding. This T&Cs constitutes the entire agreement between the Consumer and FGJ in connection with our website. Any failure by either party to exercise or enforce any right or provision of this T&Cs does not mean this is a “waiver” (ie that it can’t be enforced later). If any part of this T&Cs is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the T&Cs shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts Act 1950 to enforce any term of this T&Cs except insofar as expressly stated otherwise.
- Contact us
If you have any questions regarding orders or any general enquiries, please do let us know by:- Entering the relevant details on the Contact Us page
- Emailing sales@fermentedgj.com
- Messaging our Customer Support Line at +6011-3662 4766