Terms of service

JAYA GROCER FRESHUB

TERMS AND CONDITIONS OF SALE

Please read this carefully. By using or submitting an order (and any subsequent orders) on this Site you (“Buyer” or “your”) are agreeing to the terms that appear below. 

To register with and shop with jgfreshub.jayagrocer.com (“Site”) you must be a business which is operated by a person who is 18 years of age or over. You may place your order with us at https://www.jayagrocer.com/ if you are not a business.

 

Purchase Contract

  1. The Site you are visiting is managed by Trendcell Sdn Bhd (“Jaya Grocer”, "we", "us", or "our"). Collectively, both Jaya Grocer and you will be referenced as "the Parties", and either one alone will be referred to as a "Party". By browsing and using the Site, you acknowledge and accept these Terms & Conditions of Sale (“Terms and Conditions”). All purchases and interactions made on this Site are regulated by these Terms & Conditions, which may be updated from time to time, with the current version applicable to your order or use at the time of your purchase or interaction. If any changes are made, your use of the site or ordering products implies acceptance of these changes. Accordingly, you should check prior to each order or use to ensure that you understand the precise Terms & Conditions applicable to your site visit or purchase.

  2. Your order placed on the Site will be confirmed by us. This confirmation will be either an on-site message after your order is submitted, or an email to the address you have provided.

  3. Please note, an order confirmation does not signify our acceptance of your order. Unless we exercise our cancellation rights as outlined in clause 10, the acceptance of your order and completion of the contract takes place when the products are delivered to you.

  4. The purchase contract between the Parties comprises (a) these Terms and Conditions; the (b) purchase invoice and (c) if applicable, the credit application form (“Credit Application Form”) in connection with the procurement and provision of products from us (collectively “Agreement”).

 

Placing an Order

  1. Order Cut-Off Time: Orders must be placed before 5pm before the delivery date or otherwise determined by us. Order Cut-Off Times may change from time to time as determined by us. If an order has not been cancelled by this Order Cut-Off Time, then the order is considered confirmed and will be delivered by us as set out in clause 4.

  2. Pricing:

  • The prices displayed and availability of products on the Site are subject to change without notice. We cannot guarantee that products advertised or offered for sale on the Site will be available when ordered or thereafter. We also reserve the right to limit quantities sold or made available for sale. Therefore, before finalising your order, we would advise you to review the prices of all items in your ‘basket’ to ensure you've noted any recent price changes that might have occurred during your product selection process.

  1. Delivery Charges: We will impose a delivery charge of RM25 (subject to tax) to each order you make.

  2. Service Fees: We may charge additional service fees for orders placed through our Site. These fees may change from time to time. You will be notified of any applicable fees at the time of placing your order. 

 

Payment

  1. Methods of Payment: Upon receipt of the invoice, the only accepted mode of payment is through FPX online banking to the bank account details provided in the invoice.

  2. Currency/ Tax: All products prices displayed on the Site are in Malaysian Ringgit (MYR) and inclusive of SST (Sales and Service Tax).

  3. Buyer’s credit

    1. Credit accounts are by application to Jaya Grocer, are at Jaya Grocer’s sole discretion and subject to special terms notified as part of the application process.

    2. Any credit granted to you may be reduced or withdrawn at any time, notwithstanding any previously approved payment terms to the contrary. Jaya Grocer reserves the right to withhold, suspend or stop in transit any shipment should any doubt arise as to your credit or financial responsibility.

    3. Credit Terms: Jaya Grocer reserves the right to determine and adjust the limit of SKU (Stock Keeping Unit) that may be purchased by you at any point in time. This limit may be set or altered for a specific period as deemed necessary by Jaya Grocer. Jaya Grocer may implement such limits based on various factors, including but not limited to payment history, inventory levels, and market conditions. You will be notified of any changes to their SKU purchase limits in a timely manner, as when necessary.

    4. Payment Terms: You shall make full payment for the items within thirty (30) days from the date of invoice.

    5. Security: Without prejudice to such other rights as Jaya Grocer may have pursuant to these Terms and Conditions, Jaya Grocer reserves the right to request from you such security as Jaya Grocer may from time to time think desirable to secure to Jaya Grocer all sums due to Jaya Grocer and may refuse to supply further products to you until such security is given.

    6. Set-off: In the event of non-payment within the stipulated 30-day payment term, Jaya Grocer, through its related entity or affiliate, specifically MyTeksi Sdn Bhd or GPay Network (M) Sdn. Bhd. (operating as 'Grab'), reserves the right to claw back and offset any outstanding payments owed by the Buyer through the Buyer’s related entity or affiliate. This offset will be deducted from the Buyer or related entity or affiliate’s revenue generated via Grab services or on Grab platforms, serving as a mechanism to collect the owed debt.

    7. Cancellation and Returns: You shall not be entitled to return any products, cancel an order or expect credits return other than as allowed pursuant to these Terms and Conditions. Credits will not be issued for products returned without the approval of Jaya Grocer.

    8. All costs incurred by Jaya Grocer, as a result of a default by you including but not limited to administration charges, debt collection costs and legal costs as between solicitor and client, shall be payable by the you in addition to any other charges pursuant to this clause 3.3.

Delivery

  1. Delivery days and times will be as specified on the delivery booking page on the Site and will be made to the address specified by you during checkout. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.

  2. Readily accessible: Please make sure that the provided delivery address is safe and easily reachable. We hold the discretionary right to refuse delivery, especially in situations where we or our appointed delivery agents deem it unsafe or identify any hazards at the intended delivery location.

  3. Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. 

  4. If you are not there when we deliver:

    1.  At the time of delivery, there needs to be someone at the specified address to receive the order. If no one is available to accept the delivery, the order will be taken back to the designated store. If your groceries are returned to the designated store, we will get in touch with you to organise collection, which might result in additional fees.

    2. In cases where you specifically grant us permission, either via telephone or whatsapp, we could leave your order at the address. Any groceries left at the delivery address are done so at your own risk. We won't accept any liability after they've been delivered, including scenarios where items get lost, stolen, damaged, or spoil due to being left unattended.

 

Changing or Cancelling Your Order

  1. You can change or cancel your order through calling our Customer Service Hotline 1-300-88-5427 during operating hours 9am-6pm until the applicable Order Cut-Off Time. 

  2. You do not have the right to cancel your order at any time after the Order Cut-Off Time. Should you wish to cancel your order after the Order Cut-Off Time but prior to the time of delivery, we shall be entitled to charge you in full for an amount equal to the price of the items contained in your order and the cost of delivery.

  3. Kindly be aware that if we permit you to modify your order, all prices will be adjusted to reflect the current pricing at the time your order is modified. Consequently, if promotional pricing was applicable when you initially placed your order and is no longer in effect, these benefits will not carry over to the updated order. However, any new promotional pricing introduced since your original order was placed and current at the time of order modification will be applied.

  4. Upon confirming your order modification, we will provide you with a newly updated order confirmation email. This email will reflect a revised estimated order value, based on the pricing from our online shop at the time the change was made.

 

Returns

  1. We do not accept returns for products bought through the Site. However, if products you have purchased are damaged, faulty or spoiled at the time of delivery, we will honour our obligations under our Refund and Returns Policy. 

 

Warranty and Liability

  1. You warrant and represent to us that:

    1. you are legally capable of entering into binding contracts;

    2. you have full authority, power and capacity to agree to these terms and conditions;

    3. all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; 

    4. you will make timely payment for any and all products purchased on our Site; and

    5. be able to take delivery of the products in accordance with these terms and conditions and our delivery policy

  2. All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law, all other warranties and representations are expressly excluded.

  3. All manufactures warranties will be honoured direct by the manufacturer.  For any related concerns, please reach out to the manufacturer.

  4. We will not be deemed to be in breach of contract or of these Terms & Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems, operational or technical issues.

  5. Our aggregate liability arising out of any order for the supply of products to you under this contract will be limited to the price of the products contained in that order.

 

Customer Complaints

Any customer complaints should be addressed to our Customer Service Hotline on 1-300-88-5427.

 

Special Offers Promotions and Competitions

  1. From time to time, and in our complete discretion, purchases of products may be subject to special offers. In the event that such a special offer applies to your purchase, the terms of such special offer shall be subject to these Terms & Conditions. If there is any conflict between the terms of a special offer and these Terms & Conditions, these Terms & Conditions shall prevail unless specifically excluded.

  2. We may change the terms of special offers, or withdraw them altogether, at any time and without prior notice. 

  3. We reserve the right to offer in our complete discretion different customers different special offers, promotions and the ability to enter different competitions.

  4. As a business account customer you will not be entitled to enter competitions run by us from time to time unless the terms applicable to a competition allow for entry by business account holders.

 

Cancellation of Order and Suspension of Your Account

  1. We reserve the right to cancel your order at any point if:

    1. we suspect fraudulent behaviour, believe that you've violated these Terms and Conditions or any other terms related to your order;

    2. if there's an overdue payment for any account registered to your address;

    3. If your order is cancelled, you'll be notified via email.

  2. Besides our right to cancel your order as per clause 10.1, we also reserve the right to suspend your account. Your account will remain on hold until you reach out to our Customer Service Hotline at 1-300-88-5427 to resolve any rectifiable breaches or furnish any information reasonably requested by our call centre advisors to facilitate the reactivation of your account.

  3. In the unlikely event of unforeseen operational or technical issues, we might need to cancel or rearrange delivery. Should this happen, we'll make attempts to contact you to organise an alternate delivery date.

 

General

  1. Anti-bribery and anti-corruption: We are committed to conducting our business in an ethical manner and expects all its employees and parties with which it has a contractual relationship to conduct themselves with high ethical standards and to comply with applicable laws and regulations relating to anti-corruption, including but not limited to, the United States Foreign Corrupt Practices Act of 1977, the UK Bribery Act of 2010 and the laws and regulations where each Party resides (“Anti-Corruption Laws”). You must promptly notify us if anyone employed by or representing us, violates or attempts to violate Anti-Corruption Laws in relation to your order. We have the right to instantly terminate your order if you or any of our representatives violate or attempt to violate any Anti-Corruption Laws.  Furthermore, if such a violation occurs because of actions you initiated or were involved in, we can seek indemnity from you.

  2. Governing Laws and Arbitration. This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement shall be referred to the Asian International Arbitration Centre (“AIAC”) at Kuala Lumpur and in the English language, in accordance with the Rules of the AIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of the AIAC in accordance with the Rules. The fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

 

Use of the Site

  1. You will be asked to provide your company details and personal data to activate your account. You certify that any content and information you provide on or through the Site is accurate and complete. We treat all personal data confidential in accordance with relevant legislation and in accordance with our Privacy Notice. In addition, we may automatically collect information about you and your use of the Site, including without limitation, your real-time location and IP address. Our collection and use of such information is governed by our Privacy Policy.

  2. You are solely responsible for maintaining the confidentiality and security of your password and for restricting access to the device you use to access the Site and you agree to accept responsibility for all activities that occur on your account or with your password. Jaya Grocer is not responsible for any losses arising out of the unauthorized use of your account. 

  3. Jaya Grocer reserves the right to take any and all action, as it deems necessary to maintain the security of the Site and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account. Your account may be restricted or terminated for any reason, at our sole discretion.

  4. We try to display colors of products as accurately as possible on the Site. However, as the actual colors you see will depend on your monitor and various other factors, we cannot guarantee that the actual display of any color will be accurate.

  5. We strive to provide accurate product and pricing information. However, pricing, pictorial or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to typographical error in pricing or other product information, we shall have the right, at our sole discretion, to either refuse or cancel any orders placed for that item, or contact you for notification and instructions on such cancellation. Without limitation to the terms above, Jaya Grocer does not represent that any Product listing on the Site is accurate and expressly disclaims any liability relating to accuracy.