1.1.    This Website is owned and operated by NCM Food Sdn Bhd.  Any contract You enter into through the Website will be with NCM Food Sdn Bhd.  Responsibility for liability, however arising, in relation to this Website rests solely and exclusively with NCM Food Sdn Bhd.  Access is provided to this Website in accordance with the Conditions set out here below.  Any use of this Website including orders placed by You will be subject to these Conditions.

1.2.    If You have any questions relating to these Conditions please contact Our web customer services team by telephone at +00603-62513133 or via email info@ncmfood.com.my between 9.00am-5.30pm Monday - Friday, or fax them on +00603- 6252 5194.  Overseas customers please call +00603-62773286. We will aim to respond promptly to all calls, faxes and e-mails received outside of these working hours on the following working day.

"Conditions" means these terms and conditions of use herein described;

"Content" means all content available on the Website, including, but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof.

"Despatch Note" means the document enclosed with Your order that lists all of the goods that We have sent to You;

 "Force Majeure" shall mean any Act of God, war, riot, civil disturbance, labour disturbance, terrorism, fire, storm or flood; Act, restriction, regulation, bye-law, prohibition or measure of any kind on the part of any governmental, parliamentary or local authority; Import or export regulation or embargo; Strike, industrial dispute, or lockout; Explosion, power outage, breakdown, or unavailability of plant, property, and/or machinery; or; any other cause beyond Our reasonable control;

"NCM Food/We/Us/Our/Ourselves" means NCM Food Sdn Bhd;

"Order Acceptance Policy" means the terms governing the acknowledgement and acceptance of Your order; 

"Personal Information" means the details provided by You;

"Purchaser" means an individual who enters into a contract to purchase goods or services from Us;

"Product" means a product displayed for sale on the Website;

"Product Description" means that part of the Website where certain Conditions and information in respect of the individual Product are provided;

"Recipient(s)" means the person or persons to whom the Purchaser stipulates the goods should be shipped;

"Returns Note" means the document that You should complete and return with any Products that You return to Us;

"Trade Marks" means the trade marks, logos, and service marks displayed on the Website;

"Website" means www.ncmfood.com.my;

"You/Your/Yours/Yourself" means You, a user of the Website.

3.1.    Access

3.1.1.    You are provided with access to the Website in accordance with these Conditions and any orders placed by You are placed strictly in accordance with these Conditions.

3.2.    Registration

3.2.1.    You warrant that the Personal Information which You provide when You register as a customer is true, accurate, current and complete in all respects and in particular You agree not to impersonate any other person or entity or to use a false name or a name that You are not authorized to use.

3.2.2.    You agree to notify us immediately of any changes to Your Personal Information by contacting Our web customer services team by e-mail at info@ncmfood.com.my or by calling them on +00603-62513133 fax +00603- 6252 5194 between 9.00am-5.30pm Monday - Friday. Overseas customers please call +00603-62773286.

3.3.    Indemnity

3.3.1.    You agree to fully indemnify, defend and hold Us, and Our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of this Website, or the use by any other person accessing the Website using Your shopping account and/or Your Personal Information.

3.4.    Our rights

3.4.1.    We reserve the right to:

a.     Modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and confirm that We shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or 

b.    Change the Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change.  It is Your responsibility to check regularly to determine whether the Conditions have been changed.  If You do not agree to any change to the Conditions then You must immediately stop using the Website.

3.5.    Privacy

4.1.    Order Acceptance

4.1.1.    All orders are subject to acceptance in accordance with Our Order Acceptance Policy.

4.1.2.    We will take all reasonable care, in so far as it is in Our power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on Our part We cannot be held liable for any loss You may suffer if a third party procures unauthorized access to any data You provide.

4.1.3.    All Products shown on the Website are subject to availability.

4.2.    Contract creation and electronic contracting

4.2.1.    The technical steps required creating the contract between You and Us are as follows:

a)    You place the order for Your Product(s) on the Website by clicking the Place Order button on the Payment page of the checkout process;

b)    You will be guided through the process of placing an order by a series of simple instructions on the Website;

c)    Payment will be taken once the goods have been dispatched from Our distribution centre;

d)    Your goods will be dispatched according to the delivery option You have selected during the checkout process on the Website;

e)    We will send You an order acknowledgement e-mail detailing the Products You have ordered. This is not an order confirmation or order acceptance from Us.  If You are placing an order through Our web customer services team by telephone, fax or post because You do not have an e-mail address we will send a written order acknowledgement letter to Your billing address through the post;

f)    Our acceptance of Your order will only take place upon despatch of the Product(s) ordered.

4.2.2.    If You do require any information regarding orders You have placed with Us please Contact Us.

4.3.    Order Cancellation & Amendment

4.3.1.    If You order from Us You have the right to cancel Your order within 7 working days of receipt of the goods.  We cannot accept cancellations after this period.  Refunds and cancellations can only be requested by the Purchaser.

4.3.2.    Recipients of any delivery are entitled to a replacement if goods arrive damaged.  If a refund is required and the order has been shipped the order will have to be returned to Us.  Once We have received the goods the Purchaser will be refunded.  If an order has not been shipped the order can be cancelled prior to Your card being charged.

4.3.3.    If You wish to amend or cancel Your order You must contact Us as soon as possible after Your order has been placed.  Orders are normally processed swiftly so We may have already packaged Your order and made arrangements for it to be sent to You.  In these circumstances it will not be possible to amend or cancel Your order.  Additionally, We cannot always stop Your order from being dispatched.  We did not practice order return. 

4.3.4.    If You wish to amend or cancel an order please contact Our web customer services team on +00603-62513133 fax +00603- 6252 5194 between 9.00am and 5.30pm, Monday - Friday overseas customers please call +00603-62773286 or e-mail them at info@ncmfood.com.my.

4.3.5.    It would be helpful if You could have the following details to hand:

• Customer name
• Order number
• Date of the order
• Value of order

4.4.    Payment

4.4.1.    The total cost of Your order is the price of the Products ordered plus delivery charges as set out in the Delivery section of the Website. Payment can be made by cash on delivery and/or directly bank into our bank account. We will check on the cheque clearance from You and then only we delivery the order goods to your delivery address.

Please note that it is payable on-site when our dispatch arriving your delivery address.

4.5.    Refusal of transaction

4.5.1.    With regard to any contract for the purchase of Products from Our Website We reserve the right to withdraw any Products from the Website at any time and/or remove or edit any materials or content on the Website.  We may refuse to process a transaction for any reason or refuse service to anyone at any time at Our sole and unfettered discretion.  We will notify You if We do not accept Your order.  We will not be liable to You or any third party by reason of:

• Our withdrawing any Product from the Website whether or not that Product has been ordered;
• removing or editing any materials or content on the Website;
• refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

4.6.    Eligibility to order

4.6.1.    To be eligible to purchase Products on this Website and lawfully enter into and form a contract with Us under Malaysia law You must:

4.6.1.1.    When creating an order provide Your real name, phone number, e-mail address, payment details and other requested information;

4.6.1.2.    Stipulate a delivery address in the KLANG VALLEY ONLY. Other states addresses are not cover by our dispatch team. We will need to charge additional shipping cost varied upon your location areas.  Please note that PO Box numbers, mail forwarding addresses and temporary residence addresses are not acceptable;

4.6.1.4.    By making an offer to buy a Product, You specifically authorise Us to transmit information (including any updated information) or to obtain information about You from third parties from time to time, including but not limited to Your debit, credit or Harvey Nichols Store card number or credit reports, to authenticate Your identity, to validate Your debit or credit card, to obtain an initial debit or credit card authorisation and to authorise individual purchase transactions.

5.1.    The materials on this Website are directed solely at those who access the Website from within the Malaysia.  We make no representation that any Product displayed for information only on the Website is appropriate for use, or available, in other locations. 

5.2.    Given the unpredictability of technology and the online environment, We do not warrant (either expressly or impliedly) that the function, operation or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available will be free of viruses or other harmful elements.  As a condition to become a visitor to and a user of the Website, You agree to these Conditions and that access is undertaken at Your own risk.  We shall not be liable for damages of any kind related to Your use of or inability to access this site.  We will not be responsible or liable to You for any loss of content or material uploaded or transmitted through the Website.

5.3.    We have made every effort to display the Products featured on Our Website as accurately as possible.  However, the colours We use, as well as the display and colour capabilities of Your particular computer monitor, will greatly affect the colours You actually see on the screen. We cannot be held responsible for the limitations of technology and cannot guarantee that Your monitor's display of any colour, texture, or detail of actual merchandise will be accurate.

5.4.    We endeavour to present the most recent, most accurate, and most reliable information on Our Website at all times.  However, We make no claims to its accuracy, either expressed or implied.  There may be occasions when some of the information featured on Our Website may contain incomplete data, typographical errors or inaccuracies.  Any errors are wholly unintentional and We apologise for any inconvenience that this might cause.  We reserve the right to amend errors, make changes to Our Website or to update Product information at any time without prior notice and without any liability on Our part.  To the fullest extent permitted by law, We disclaim all warranties, expressed or implied.

5.5.    Certain (hypertext) links in this site may lead to other websites which are not under Our control.  When You activate any of these, You will leave the Website and We have no control over and will accept no responsibility or liability for the content, accuracy or any other aspects of any website that is not under Our control.  The provision of a link is for Your information and convenience only and does not imply an endorsement of any kind by Us.

5.6.    While We take all reasonable care to ensure the integrity of the Website and the accuracy of the information contained in them We cannot accept any liability to any person for any loss or damage of any kind (whether or not We ought reasonably to have known of or had been advised of the possibility of the same) which may arise from the use of the Website or any of the materials or information contained in them and You use the Website at Your own risk.

5.7.    We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on the Website at a particular time may not always reflect the position exactly at the moment You place an order. 

5.8.    If You ask Us to include a gift message with any Product ordered through the Website, We will do our best to ensure that We accurately record your message and send it with the Product.  However We cannot accept any liability for any errors with the message or any failure to enclose the gift message with the Product.  You undertake that any gift message You require Us to send will not be in any way racist, blasphemous, defamatory or otherwise offensive.  We reserve the right to remove said messages from Our deliveries.

5.9.    The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

5.10.     To the fullest extent permissible under applicable law, We disclaim any and all warranties of any kind, whether express or implied, in relation to the Products.

5.11.    This does not affect Your statutory rights as a consumer, nor does it affect Your contract cancellation rights as set out in these Conditions.

5.12.     We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract and/or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for: 

• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

5.13.     Nothing in the Conditions shall exclude or limit Our liability for death or personal injury resulting from Our negligence or that of Our servants, agents or employees.

5.14.     Save in relation to clause 5.13 (liability for death or personal injury) Our liability under any contract for Products purchased from Us shall be limited to the value of Your order.

5.15.    We do not guarantee that any product sold on-line will be available in any of our stores or that the price quoted on-line will match that at any of our stores. If a product you want is sold out on-line it may be available in store. However, we recommend that you call your nearest store first before making a special journey to avoid disappointment.

5.16.    We shall not be under any liability to You in the event of Our failure, delay or default in carrying out all or any of Our obligations under these Conditions due in whole or in part to an event of Force Majeure.

6.1.    Resale of Product

You may not sell or re-sell any of the Products or services, and any samples thereof, You receive from Us.

6.2.    Unauthorised use of Domain Name 

From time to time, certain cyber squatters or other unauthorised persons may register in bad faith a confusingly similar domain name with the intention of taking unfair advantage of NCMFOOD's reputation and goodwill.  The NCMFOOD's Website addresses on the Internet are www.ncmfood.com.my.  Any other domain name that appears to represent itself as being a NCMFOOD Website may not be related to Us and may represent an unlawful infringement of Our rights, reputation and goodwill.  We are not responsible and cannot be held liable to any person for the contents or anything related to these other unlawful purportedly 'NCMFOOD' websites.

6.3.    Intellectual Property

6.3.1.    The content of the Website is the property of NCMFOOD, Our affiliates, Our partners or Our licensors, and is protected by Malaysia copyright laws.

6.3.2.    The Trade Marks used on the Website are the registered and unregistered marks of NCMFOOD, Our affiliates, Our licensors or Our partners, and are protected by Malaysia and international trade mark laws.  All other Trade Marks not owned by Us, Our affiliates, Our partners or Our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us.

6.3.3.    You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use only and that You may download such material and content onto only one computer hard drive for such purpose.  Any other use of the material and content of the Website is strictly prohibited.

6.3.4.    You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

6.4.    Compliance with laws 

This Website may be used only for lawful purposes and in a lawful manner.  You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through Our Website.

6.5.    Severability

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

6.6.    Third Party Rights

It is agreed that any person who is not a party to any Contract between You and Us shall not be allowed to rely on or enforce any term of any such Contract and the Contracts. 

6.7.    Waiver

No waiver by Us shall be construed as a waiver of any preceding or succeeding breach of any provision.

6.8.    Entire agreement

You confirm that, in agreeing to accept the Conditions, You have not relied on any representation save in so far as the same has expressly been made a term of these Conditions and You agree that You shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these Conditions.

6.9.    Law

The Conditions shall be governed by and construed in accordance with the laws of Malaysia and We and You irrevocably submit to the exclusive jurisdiction of the courts of Malaysia.

6.10.    Registered Office

The registered office address of NCM Food Sdn Bhd is:

NO. 9, JALAN 8/32,
TAMAN JINJANG BARU,
OFF BATU 6,
JALAN KEPONG,
52000 KUALA LUMPUR,
MALAYSIA

6.11.    Contact Us

Any queries or comments should be directed to:

Email: info@ncmfood.com.my

Working hours are 9.00am-5.30pm Monday - Friday.  We will aim to respond promptly to all calls, faxes and e-mails received outside of these working hours on the following working day.

6.12.    Questions

Questions regarding this Policy should be directed to the Head Office of NCM Food Sdn Bhd as follows:

NO. 9, JALAN 8/32,
TAMAN JINJANG BARU,
OFF BATU 6,
JALAN KEPONG,
52000 KUALA LUMPUR,
MALAYSIA

Email: info@ncmfood.com.my