Terms & Conditions

WEBSITE TERMS OF USE

1.1 Welcome to the website https://chefwanlifestyle.com.my  or the Chef Wan Lifestyle website (the “Website”). These Terms of Use govern your access and use of the Website and the use of any services, information and functions made available by us at the Website (“Services”).

In order to use this Website or the Services you are required to accept the Website Terms of Use and Privacy Notice. If you purchase any products or provide us with personal data, you will be asked to explicitly consent to relevant terms and be given appropriate notice of the purpose of use of your personal data. You can learn more about this from our Privacy Notice. Your continued use of this Website and/or Services will be deemed to be consent to the Website Terms of Use and Privacy Notice unless an explicit consent is sought from you (in relation to marketing or information services or sale and purchase of products/services)  You should read carefully and accept the abovementioned terms and conditions. this will be deemed to include  any amendments to the foregoing issued by us from time to time. If you do not agree to Chef Wan Lifestyle Terms and Conditions and the Privacy Notice, do not access and/or use this Website and/or the Services.

1.2 The Terms of Use stated herein constitute a legal agreement between you and Chef Wan Lifestyle Sdn Bhd a company incorporated in Malaysia and having its registered address at (“Chef Wan Lifestyle”, “we”, “us” or “our”).

1.3 Chef Wan Lifestyle reserves the right, to change, modify, add, or remove portions of these Terms of Use and/or Chef Wan Lifestyle Terms and Conditions at any time. Changes will be effective when posted on the Website with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Website.

2. USE OF THE WEBSITE AND/OR SERVICES

2.1 We grant you a non-transferable and revocable license to use the Website and/or Services, subject to these Terms of Use, for the purpose of shopping for personal items sold on the Website. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms of Use shall result in the immediate revocation of the license granted herein without notice to you.

2.2 Certain services and related features that may be made available on the Website may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Website is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. Chef Wan Lifestyle shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

2.3 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Website or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Website or any part of the Services.

2.4 We reserve the right, but shall not be obliged to:

(a) monitor, screen or otherwise control any activity, content or material on the Website and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms of Use contained herein and may take any action it deems appropriate;

(b) prevent or restrict access of any an authorised user to the Website and/or the Services;

(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

(d) to request any information and data from you in connection with your use of the Services and/or access of the Website at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

3. USER SUBMISSIONS

3.1 You grant us a non-exclusive licence to use the materials or information that you submit to the Website and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Website, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

4. TRADEMARKS AND COPYRIGHTS

4.1 All intellectual property rights, whether registered or unregistered, in the Website, information content on the Website and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Website also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

4.2 No part or parts of the Website may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Website shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

5. OUR LIMITATION OF RESPONSIBILITY AND LIABILITY

5.1 The Website and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by Chef Wan Lifestyle of any kind either expressed, implied or statutory with respect to the Website and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Website and/or the Services are provided for informational purposes only.

5.2 Without limiting the foregoing, Chef Wan Lifestyle does not warrant that the Website and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Website and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

5.3 Chef Wan Lifestyle and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

(a) any access, use and/or inability to use the Website or the Services;

(b) reliance on any data or information made available through the Website and/or through the Services. You should not act on such data or information without first independently verifying its contents;

(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

(d) any use of or access to any other website or webpage linked to the Website, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

5.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Website and/or Services is entirely at your own risk and we shall not be liable therefore.

6. APPLICABLE LAW AND JURISDICTION

6.1 These Terms of Use and/or other Chef Wan Lifestyle Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia, you hereby agree to submit to the jurisdiction of the Courts of Malaysia.

7. TERMINATION

7.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms of Use and/or other Chef Wan Lifestyle Terms and Conditions. Upon any termination of these Terms of Use and/or other Chef Wan Lifestyle Terms and Conditions, you shall immediately cease all access to and use of the Website and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Website and/or Services in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that Chef Wan Lifestyle shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Website and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of Chef Wan Lifestyle, in operating the Website and/or providing Services, your sole and exclusive remedy is to discontinue using the Website and/or the Services.

Terms & Conditions of Sale

1. INTERPRETATION

1.1 In these Conditions:

“Buyer” means the person who purchases Goods on the Website;

“Conditions” mean these Terms and Conditions of Sale;

“Goods” means the goods made available for sale on the Website, including any instalment of the goods or any parts for them;

“Chef Wan Lifestyle” means Chef Wan Lifestyle Sdn. Bhd. Company No 201701045991(1260167-T). Chef Wan Lifestyle is a company incorporated in Malaysia and having its registered address at Suite 50-4-3A, 4th Floor, Wisma UOA Damansara, 50, Jalan Dungun, Damansara Heights, 50490 Kuala Lumpur.

 “Chef Wan Lifestyle Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Website and/or the Services;

“Website” means the Chef Wan Lifestyle.com.my website and/or the Chef Wan Lifestyle mobile app;

 “Services” means the use of any services, information and functions made available by Chef Wan Lifestyle at the Website;

“Writing” includes electronic mail facsimile transmission and any comparable means of communication.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.

2. BASIS OF CONTRACT

2.1 The Website provides a place and opportunity for the sale of Goods between the Buyer and Chef Wan Lifestyle (collectively “Parties”).

2.2 Where the Buyer has placed an order on the Website for the purchase of Goods sold by Chef Wan Lifestyle and Chef Wan Lifestyle has accepted the same, this shall constitute a Contract entered into directly between the Buyer and Chef Wan Lifestyle.

2.3 Any information made available on the Website in connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs or any information disclosed by Chef Wan Lifestyle through the chat system are not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.

2.34 While Chef Wan Lifestyle endeavours to provide an accurate description of the Goods, Chef Wan Lifestyle does not warrant that such description is accurate, current or free from error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Website and which the Buyer has ordered, Clause 6 of these Conditions shall apply.

2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Chef Wan Lifestyle in its website shall be subject to correction without any liability on the part of Chef Wan Lifestyle. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

2.5 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

2.6 We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated. Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Chef Wan Lifestyle in its website shall be subject to correction without any liability on the part of Chef Wan Lifestyle.

3. ORDERS AND SPECIFICATIONS

3.1 The Buyer may purchase Goods by placing and completing the order form on the Website and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Chef Wan Lifestyle’s acceptance in their sole discretion. Chef Wan Lifestyle shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which Chef Wan Lifestyle shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.

3.2 Order acceptance and completion of the Contract between the Buyer and Chef Wan Lifestyle will only be completed upon Chef Wan Lifestyle issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Chef Wan Lifestyle shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. Chef Wan Lifestyle shall furthermore be entitled to require the Buyer to furnish Chef Wan Lifestyle with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

3.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from Chef Wan Lifestyle and on terms that the Buyer shall indemnify Chef Wan Lifestyle in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Chef Wan Lifestyle as a result of the modification or cancellation, as the case may be.

4. PRICE

4.1 The price of the Goods shall be the price stated on the Website at the time which the Buyer places and completes the order form on the Website. The price does not include any applicable sales and services tax, value added tax, similar tax or delivery charges which the Buyer shall be liable to pay to Chef Wan Lifestyle in addition to the price.

4.2 In the event that a Goods has been mispriced on the Website, Chef Wan Lifestyle reserves the right to terminate the Contract, in which Chef Wan Lifestyle shall notify the Buyer of such cancellation by giving three days’ notice.

5. TERMS OF PAYMENT

5.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Website. When Buyer places an order on the Website, actual payment shall be only charged upon Chef Wan Lifestyle’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to Chef Wan Lifestyle.

5.2 In the event that the Buyer pays using a third party payment provider “Payment Provider” the terms of payment shall be those applied by the Payment Provider. Any pass-through charges are not included in the price of goods advertised and refunds may be subject to Payment Provider charges.

6. DELIVERY/PERFORMANCE

6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

6.2 All Goods shall be delivered to Buyers within fourteen (14) working days from the day payment is confirmed.

6.3 Chef Wan Lifestyle has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

6.4 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and Chef Wan Lifestyle shall not be liable for any delay in delivery or performance howsoever caused.

6.5 If Chef Wan Lifestyle has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to Chef Wan Lifestyle, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If Chef Wan Lifestyle fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.

6.6 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer’s reasonable control) then without prejudice to any other right or remedy available to Chef Wan Lifestyle, Chef Wan Lifestyle may:

6.6.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or

6.6.2 terminate the Contract and claim damages.

6.7 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 6.4 above, Buyer shall immediately notify Chef Wan Lifestyle of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as Chef Wan Lifestyle’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. Chef Wan Lifestyle shall be entitled at any time to demand the Buyer to deliver up the Goods to Chef Wan Lifestyle and in the event of non-compliance Chef Wan Lifestyle reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

7. REFUND & RETURN POLICY

7.1 Buyer may, by completing the Online Return Form, apply to return the purchased Goods to Chef Wan Lifestyle in exchange for a return or a refund. Buyer shall ensure that the purchased Goods is returned to Chef Wan Lifestyle within 7 calendar days from the delivery date. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact Chef Wan Lifestyle within 48 hours of receiving the delivery to expedite the claim process.

7.2 Application for the Return & Refund of an Item

Buyer may only apply for the refund and/or return of the Item in the following circumstances:

  • The Item has not been received by Buyer;
  • The Item was defective and/or damaged on delivery;

Buyer’s application must be submitted via the Website. Chef Wan Lifestyle will review each Buyer’s application on a case-by-case basis and, in its sole discretion, determine whether Buyer’s application is successful.

7.3. Condition of Returning Item

To enjoy a hassle-free experience when returning the Item, Buyer should ensure that the Item, including any complimentary items such as accessories that come with the Item, must be returned to Chef Wan Lifestyle in the condition received by Buyer on delivery. We will recommend Buyer to take a photo of the Item upon receipt.

7.4. Refunds

Buyer will only be refunded after Chef Wan Lifestyle has received the confirmation that they have received the returned Item. In the event that payment was made through a  Payment Provider, their terms and conditions insofar as they conflict with any of these terms and conditions of Chef Wan Lifestyle shall be applicable and take precedence and refunds will be subject to applicable fees, if charged by the Payment Provider.

8. RISK AND PROPERTY OF THE GOODS

8.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Chef Wan Lifestyle has tendered delivery of the Goods. Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 6.4 above, Buyer shall immediately notify Chef Wan Lifestyle of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as Chef Wan Lifestyle’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. Chef Wan Lifestyle shall be entitled at any time to demand the Buyer to deliver up the Goods to Chef Wan Lifestyle and in the event of non-compliance Chef Wan Lifestyle reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

8.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until Chef Wan Lifestyle has received in cash or cleared funds payment in full of the price of the Goods.

8.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Chef Wan Lifestyle’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.

8.4 The Buyer agrees with Chef Wan Lifestyle that the Buyer shall immediately notify Chef Wan Lifestyle of any matter from time to time affecting Chef Wan Lifestyle’s title to the Goods and the Buyer shall provide Chef Wan Lifestyle with any information relating to the Goods as Chef Wan Lifestyle may require from time to time.

8.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), Chef Wan Lifestyle shall be entitled at any time to demand the Buyer to deliver up the Goods to Chef Wan Lifestyle and in the event of non-compliance Chef Wan Lifestyle reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

8.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Chef Wan Lifestyle but if the Buyer does so all moneys owing by the Buyer to Chef Wan Lifestyle shall (without prejudice to any other right or remedy of Chef Wan Lifestyle) forthwith become due and payable.

8.7 If the provisions in this Clause 8 of these Conditions are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.

8.8 The Buyer shall indemnify Chef Wan Lifestyle against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of Chef Wan Lifestyle’s rights under this condition.

9. LIABILITY

9.1 In no event shall Chef Wan Lifestyle be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if Chef Wan Lifestyle had been advised by the Buyer of the possibility of incurring the same.

9.2 The remedies set out in Clause 6 & 7 of these Conditions are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods and Chef Wan Lifestyle’s liability for the same shall be limited in the manner specified in Clause 10 of these Conditions

9.3 Notwithstanding any other provision of these Conditions, Chef Wan Lifestyle’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Contract, shall not exceed the sums that you have paid to Chef Wan Lifestyle under such Contract unless otherwise required by law.

9.4 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.

9.5 No action shall be brought against Chef Wan Lifestyle later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.

10. INDEMNIFICATION

10.1 Buyer agrees to indemnify, defend and hold harmless Chef Wan Lifestyle and theparent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Buyers breach of these Conditions or the documents they incorporate by reference or violation of any law or the rights of a third-party.

11. SEVERABILITY

11.1 In the event that any provision of these Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

12. TERMINATION

12.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

13. ENTIRE AGREEMENT

13.1 The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.

13.2 These Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Conditions).

13.3 Any ambiguities in the interpretation of these Conditions shall not be construed against the drafting party.

14. GOVERNING LAW

14.1 These Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with Malaysian law.

15. CHANGES TO CONDITIONS

15.1 You can review the most current version of the Conditions at any time at this page.

15.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Conditions constitutes acceptance of those changes.

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