Sotipsy Terms And Conditions
HEALTH WARNING: MEMINUM ARAK ADALAH MERBAHAYA UNTUK KESIHATAN.
Excessive alcohol consumption is harmful to your health.
1.1 Premium Platform Sdn Bhd (Company No:1319375-M) (hereinafter referred to as “we”, “us” or “our”) has developed a platform or site known as “Sotipsy” (“site”).
1.2 The purpose (“services”) of this site is to provide a platform to the user (“you”) to purchase Alcohol products ranging from spirits, wine and beers (“product”). Take note that, the site only provides a platform to you to purchase the alcohol and at no point of time it assumes the liability whatsoever and howsoever on the quality of the product and delivery of the product.
1.3 If you are not above 21 years old and / or practices Islam as your religion LEAVE the site IMMEDIATELY. If you continue to use the site despite being 21 years old or Muslim practise the religion of Islam you use the site on your own risk and the site shall not be responsible howsoever or whatsoever to you and you shall be additionally liable to the Laws of Malaysia.
1.4 You expressly agree and confirm that you have read and understood the terms and conditions of the site appended herein below prior to the access and / or using the site, and you understand and agree to the effects of this Agreement, and then you entered into this Agreement on your such understanding and consensus on upon the terms and conditions of the site appended herein free of any element of duress, misrepresentation, fraud and / or mistake.
1.5 We reserve the right to change, modify, suspend or discontinue all or any part of the site or the services at any time or upon notice as required by local laws. We may release certain services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. We may also impose limits on certain features or restrict your access to parts of, or the entire, site or services in its sole discretion and without notice or liability.
1.6 We reserve the right to refuse to provide you access to the site or services or to allow you to open an Account for any reason.
1.7 Your Agreement with the site is only limited to the usage of the site as platform for the purchase of the products. Any Agreement and / or Contract made towards purchasing the product is strictly between you and the independent, licensed alcohol beverage retailers, and other licensees with retail privileges, ("Licensed Retailers"). The site has NO PRIVITY of contract with you.
1.8 If you do not agree to the terms and conditions of the site appended herein below, you shall not access and / or use the site / services.
2.1 Our Services enable you to search for alcohol beverages and other products and place and schedule orders with the Licensed Retailers for the purchase and sale of such beverages and products, among other things.
2.2 All orders placed through the App or the site are accepted, reviewed, and ultimately fulfilled by Licensed Retailers. All sales are solely transacted between you and Licensed Retailers. Each product listed on us is not an offer to purchase such product but an invitation to make an offer by placing an order. You acknowledge and agree that we do not sell, offer to sell, invite to sell, or solicit any offers.
2.3 In all instances, all sales are advertised, accepted, made and delivered by licensed retailers who receive all orders and offers. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law. We do not sell or deliver alcohol beverages.
2.4 No part of the Services is intended to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of alcohol beverages to any Licensed Retailer or any improper exclusionary practices by any alcohol beverage licensee.
3.1 In this Agreement, unless the context otherwise requires:
3.2 All warranties, representations, indemnities, covenants, agreements and obligations given or entered into by more than one person are given or entered into jointly and severally.
words denoting the singular number include the plural and vice-versa, words denoting a gender include every gender, words denoting natural persons include bodies corporate and unincorporated;
references to any legislation or to any provision of legislation shall include any modification or re-enactment of that legislation or any legislative provision substituted for, and all regulations and statutory instruments issued under such legislation are or provision;
headings to the Clauses of this Agreement are inserted for convenience only and shall not affect the construction or interpretation of this Agreement;
where a word or a phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
references to any Party to this Agreement or any other agreement or instrument shall include the Party's successors and permitted assigns;
references to any agreement or instrument shall include references to such agreement or instrument as amended, novated, supplemented, varied or replaced from time to time;
references to Ringgit Malaysia or "RM" shall be taken as referring to amounts in Malaysian currency; and
all schedules and annexures to this Agreement and its recitals and all certificates and other agreements delivered pursuant to this Agreement shall form a part of this Agreement.
4.1 We hereby grant you the license to use the site / services conditionally and revocable subject to the terms and conditions appended hereinbelow.
4.2 Your license is revocable, if you (a) are not above 21 years old, (b) if you are a Muslim practising Islam.
4.3 Your license shall in no way authorize and / or allow you to use the license other than to purchase the products in this site.
4.4 You expressly agree that this license shall not be used for any unlawful means contrary to Malaysian Law.
By using the site / services, you warrant that:
5.1 You will only use the site for your sole and personal use and will not resell the products to a third party;
5.2 You will not authorize others to use your account;
5.3 You will not assign or otherwise transfer your account to any other person or legal entity;
5.4 You will not use an account that is subject to any rights of a person other than you without our authorization;
5.5 You will not use the site / services for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
5.6 You will not use the site / services to cause nuisance, annoyance or inconvenience;
5.7 You will not impair the proper operation of the site;
5.8 You will not try to harm the site in any way whatsoever;
5.9 You will not copy, or reproduce the site or its content;
5.10 You will keep secure and confidential your account password or any identification we provide to you which allows access to the site / service;
5.11 You will provide us with whatever proof of identity we may reasonably request;
5.12 You will not use the site / service with an incompatible or unauthorized device;
5.13 You will comply with all applicable law of Malaysia;
5.14 We reserve the right to immediately terminate your use / access to the site / services should you not comply with any of the above rules.
Limitation on the Usage of the Site / Services
6.1 You shall not use the Site / Services for any of the following purposes: -
- for any unlawful purpose including, and without limitation, criminal purpose;
to infringe the laws of Malaysia or any other applicable laws and the subsidiary legislations passed there under;
to commit any activities which compromise or adversely affect the reputation and goodwill of us;
to transmit, publish, make available or receive any materials of any kind which is offensive on moral, religious, racial, political or other grounds or unlawful, threatening, harmful, abusive, harassing, defamatory, seditious, indecent, false, menacing, obscene, profane or hateful;
to introduce, assist and/or attempt to introduce any virus, malicious code or any other harmful component to the site;
to infringe or facilitate the infringement of any intellectual property right(s) or other right(s) of us;
to gain unauthorized access or to attempt to access to any computer system connected to the Internet, electronic communications system, telecommunications system or any information regarded as private and confidential by any other person including a company or any corporation thru the usage of our site / service;
to interfere or cause any interference to the site / service, services to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system or broadcast attacks;
which is in breach of any express or implied obligation to us.
Purchase of Products
7.1 The range of products offered by us are as follows: -
7.2 Notwithstanding the above, the purchase of product(s) (as the case may be) by you from the licensed retailers through the site is always subject to the availability of the same, wherein the availability of the ordered product will be stated in the site.
Range of Spirits;
Range of Wine;
Range of Beer;
Range of Mixers (inclusive of beverages and snacks).
(individually referred to as product and collaterally referred to as products)
Price of Products
8.1 Price of Product are not in any point of time controlled by licensed retailers, wherein the price from the same product(s) may differ if it comes from distinct licensed retailers.
8.2 Subject to Purchase of Products (Clause 8) the price of product(s) purchased shall differ from time to time to commensurate by the licensed retailers.
8.3 Notwithstanding the above, each price of product will be stated and made available in the site.
We accept Visa, MasterCard, Debit Cards, and FPX. No cash payment is accepted.
Processing and Delivery of Products
10.1 We provide a delivery service only, for local liquor stores (“Retailers”), through which all orders and purchases are processed. We do not hold a license to sell alcohol, nor is it a licensed retailer. At the time you purchase alcoholic beverages or other items, you are purchasing those items from a licensed retailer, and your credit card will be charged by a third-party credit card processing provider who will transfer and deliver the funds to the Retailers.
10.2 Neither us, nor any officer, director, employee, shareholder or our agent shall be liable to the User or any third-party for any claims relating to the purchase, sale, delivery and/or consumption of the alcoholic beverage or any consequences which may result thereof.
10.3 By completing an order through the site, you agree that you are 21 years of age or older and that you will be present to accept the delivery of alcoholic beverages. You agree that you will not be intoxicated when receiving delivery of such products. If you are sending a gift, you agree that the recipient is an individual 21 years of age or older.
10.4 All deliveries including alcoholic beverages must be accepted by the account holder, who is capable of proving that he or she is 21 years of age or older and can provide a valid form of government issued identification at the time of delivery.
10.5 If there is no individual who is 21 years of age or older or cannot provide valid identification showing that he or she is 21 years of age or older or Muslim practices Islam, the delivery driver (“Courier”) will not complete delivery of the Products. Additionally, if the Courier is unable to contact you or the account holder at the specified delivery address for 15 or more minutes, all Products will be removed from the order and returned to the Retailers and a RM 20 restocking fee will be charged to User’s credit card and the original order balance will be returned to User.
10.6 The Courier reserves the right to refuse to deliver Products for any reason. This reservation includes, but is not limited to, refusing service to individuals who are visibly intoxicated or to specific locations for safety reasons. Products cannot and will not be left unattended for any reason. Any Retailer reserves the right to not accept any order for any reason
10.7 Delivery times are subject to our Retail Partner Network and other variables such as time of day, order volume, and traffic conditions. In most areas, deliveries take under an hour.
10.8 We do not guarantee delivery times as there could always be external factors that may delay orders.
10.9 “Get It Now” on-demand orders are placed to the store and packed immediately upon reception and cancellations or rescheduling requests can be made either within 5 minutes of placing an order or before the driver leaves the store or you can do this by calling the store(s) directly.
10.10 If an order has already left the store, cancellations are not guaranteed and could be subject to up to RM20 restocking fee to account for the cost of labour, gas, and time at the discretion of the retail partner.
10.11 We cannot guarantee a delivery to anyone other than the intended recipient and additional layer added to delivery can increase the liability and risk that the product may be misplaced.
10.12 If our mover cannot get in touch with you to make delivery, you will receive a notification via e-mail to contact the store and you may be charged for redelivery at the store’s discretion.
10.13 If the store does not hear from you by the end of the day, it may be held at a local hub for pick up before refunded for your order. Please take note that the store reserves the right to charge a restocking and storage fees for the cost of time, gas and labour.
Delivery Fee & Handling Fee
11.1 Any fees that we may charge you for the site or services, are due immediately and are non-refundable. We, at our sole discretion, may make promotional offers with different features and different rates to any users. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. We may change the fees for the services or the site without notice.
11.2 Subject to Purchase of Products, Price of Products and Delivery of Products (Clause 7, 8 and 10) every Purchase of Product(s) shall carry a Delivery Fee and Handling Fee.
Return / Replacement/ Refund
12.1 Returns are processed by the local store and are subject to their individual policy. Please contact customer support by way of e-mail and they will be able to follow up with the store you ordered through for their specific process.
12.2 If there is any issue with the delivered Products, you shall immediately submit a return form to us by way of e-mail to the email address support@Sotipsy.com and in any event such form shall be lodged within twenty-four (24) hours after receipt of the Products. A reference number will be issued to you upon the receipt of the return form by us. We reserve the right to refuse any returned Product where a return form is not submitted or attached.
12.3 Return and refund are not accepted once the order has been received by a verified customer/recipient if the incorrect item is delivered or the item is spoiled, contaminated or consumed by the customer unless the customer lodge a complaint through the complaint form within twenty-four (24) hours.
12.4 All returns must be done in accordance with the instructions set out herein below. We are not obliged to agree to any return unless all such instructions are followed to our satisfaction. Should we agree to the return, we will deliver the replacement Product to your specified address.
12.5 You may return the product(s) to the delivery company at the moment they deliver the product(s) to you when you:
12.6 We may within (2) weeks (estimated time) from the receipt of return Product deliver the same Product to you as specified in clause 8 above upon approval of the licensed retailers.
receive a Product that is fundamentally different in nature from the Product specified in clause 8;
receive a faulty or damaged Product;
receive a Product that is not as advertised on the site;
wrong Product is delivered.
12.7 Notwithstanding clause 12.5 above, any replacement of the Product shall be subject to the availability of the Product from the seller. In any event, if the returned Product is not available to be replaced you may choose any other available Product offered by the seller in the site which commensurate the price
paid by you to the returned Product.
Risk and Property of the Goods
13.1 Risk of damage to or loss of the Product shall pass to you at the time of delivery or if you wrongfully fail to take delivery of the Product, at the time when we have tendered delivery of the Product.
14.1 The information, recommendations and/or services provided to you on or through the site is for general information purposes only and does not constitute advice.
14.2 At all point of time our site operates on the basis of invitation of treat, wherein we make no offer to you. The offer is made by you to the licensed retailers by the usage of the site / services.
14.3 We will reasonably keep the site and its contents correct and up to date but does not guarantee that (the contents of) the site is free of errors, defects, malware and viruses or that the site is correct, up to date and accurate.
14.4 We shall not be liable for any damages resulting from the use of (or inability to use) the site but to the inclusive of death or personal injury thru the consumption of the product(s) from the site, wherein such damages shall be targeted to the seller), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the site.
14.5 We shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the site, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
14.6 We under no circumstances accepts liability in connection with and/or arising from the transportation services provided by the mover or any acts, actions, behaviour, conduct, and/or negligence on the part of the mover’s despatch.
14.7 Neither us nor the fulfilling licensed retailer nor the shipping or delivery company used by the licensed retailer shall be liable for any damages to goods caused by weather conditions and other "acts of god" during transportation.
14.8 Weather conditions may change at any time, so us the fulfilling licensed retailer or the shipping or delivery company used by the licensed retailer cannot assume liability for damage caused by changes in weather during transportation. "acts of god" include unforeseeable delays or accidents, public unrest, confiscation and natural disasters.
14.9 Return / Replacement set out in Clause 12 are your sole and exclusive remedies against us.
14.10 Notwithstanding any other provision of these terms & conditions of sale, our maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of product shall not exceed the sums that you have paid to the licensed retailers under for the purchase of the Product(s).
15.1 Unless the prior written consent of us has been obtained, you shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products.
15.2 You agree and acknowledge that the Product(s) shall remain the property of Seller or its licensors.
15.3 You further agree that any and all Intellectual Property embodied in or relating to the Product(s) shall remain the sole and exclusive property of the licensed retailers.
No Joint Venture. Nothing contained in this Agreement will be construed as creating a joint venture, partnership or employment relationship between the parties hereto, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other.
No Assignment. Neither party may assign any rights or obligations under this agreement without the prior written consent of the other party.
Good Faith. The parties shall act at all times in good faith and in the best interests of each other in executing and administering the project and safe guard mutual interest.
Force Majeure. Neither party will be liable for performance delays or for non-performance due to causes beyond its reasonable control.
Notices. All notices required under or regarding this Agreement will be in writing and will be considered given upon personal delivery of a written notice, electronic mailing or within five days of conventional mailing, postage prepaid and Application appropriately addressed.
Waiver. Either party’s failure to exercise any of its rights under this Agreement will not constitute or be deemed to constitute a waiver or forfeiture of such rights.
Severability. If any term or provision of this Agreement is held to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement will not be affected.
Entire Agreement. This Agreement and its exhibits constitute the entire agreement between the Seller and you, and supersede any previous or contemporaneous communications, representations or agreements between the parties, whether oral or written, regarding the subject matter of this Agreement.
Amendment. The terms and conditions of this Agreement may not be changed except by an amendment signed by an authorized representative of each party.
Application applicable Law. This Agreement is made under and will be construed in accordance with the laws of Federation of Malaysia.
Successors Bound. This Agreement shall be binding upon the personal representative, successor-in-title and permitted assigns of the parties hereto throughout the term and / or tenure of this Agreement.
Time. Time wherever herein mentioned shall be deemed to be of the essence of this Agreement.