Services

 

    1. These terms of service (Terms) govern your access to and use of Rainbow Option Sdn. Bhd.’s (Company No.: 573603-K) (we, our or similar pronoun) website: www.gowine.com.my and its online sales’ services (hereinafter “Services”).

     

    By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of a company, organization or other entity, you agree to these Terms for yourself and for and on behalf of that company, organisation or other entity.  You agree and confirm that you have the authority to bind the company, organisation or other entity to these terms. A reference to youyour or similar pronoun includes the company, organisation or other entity referred to in this clause.

     

    You shall use the Services in compliance with these Terms. You shall use the Services only if you have the legal capacity to do so.  In using the Services, you shall comply with all applicable laws. The Services may change, including when we refine and add more features. We may stop, suspend or modify the Services at any time without prior notice to you. We may also remove any content from our Services.

     

    Products

     

    1. The Services provide you a platform to discover, assess and purchase the products offered: wines, alcoholic drinks and related products (hereinafter “Products”).We are not manufacturers or producers of the Products, hence, we do not warrant any inherent qualities and specifications of the Products acquired and/or consumed. All our obligations arise only from the nature of services supplied.

     

    Specific Obligations

     

    1. As a purchaser (whether as a consumer or in the course of business), you agree with the following specific obligations:

     

    1. You represent and warrant that you are permitted under all applicable laws, being a Malaysian resident, Non-Muslim, above 18 years’ old, to purchase, consume or otherwise deal with the Products acquired and/or consumed;
    2. You have provided all information to us and in relation to the Services accurately and truthfully;
    3. You shall not (i) give false reviews, or (ii) make misleading, groundless or offensive comments. You acknowledge that doing so may result in defamation or other legal actions against you by the affected parties; and
    4. You shall not by any act or omission adversely affect our reputation and goodwill or the smooth, orderly and proper operation of the Services.

     

    Payment

     

    1. In consideration of the Services, you agree to pay the products’ price, delivery charges (where applicable) and prevailing taxes, currently being GST is included in the price shown.

     

    You may choose from a number of payment modes, as depicted at checkout stage:

    1. Credit Card
    2. Hong Leong Online
    3. Am Online
    4. CIMB Clicks
    5. Affin Online
    6. My BSN
    7. RHB Online
    8. FPX (Maybank2U, PBeBank, Bank Islam, Hong Leong Online, CIMB Clicks)

     

    Alternatively you may pay directly to us by emailing us the contents of your order at ask@gowine.com.my and we shall bill and direct your payment accordingly.

    Delivery

    1. We deliver based on the following conditions:

     

    Klang Valley

     

    Any order below RM100.00+ is charged RM7.00+ per delivery;

    Any order above RM100.00+ is delivered free of charge;

    Express deliveries are accepted based on pre-negotiated and pre-agreed terms.

     

    An order is to be delivered within 3 working days from the day of order acceptance, provided always that the payment is made and debited into our account.

     

    West Malaysia

     

    Delivery charges are based on the prevailing delivery charges quoted by our partneringcourier company. The special delivery arrangements could be agreed upon via ask@gowine.com.my or +60126398100.

     

    We are not in a position either to guarantee or provide an exact time and day of delivery upon accepting of orders. The critical delivery information is to be provided while filling up an order form, for us to serve you better.

     

    Upon agreed delivery time with our partnering courier company, you or your representative is expected to be available for accepting the delivery, inspection and acknowledgement of a consignment note. In the event that nobody is available at the point and agreed time of delivery, our partnering courier company’s Customer Services will call you and take further instructions. Please note that any changes to the scheduled delivery may incur an additional charge. The driver will wait at the address for up to 10 minutes free of charge.

     

    Refund & Return

     

    1. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. Such loss or damage may constitute a broken bottle while dispatch to you, provided that the same is been discovered immediately upon delivery and inspection of the goods. You are to reject goods by returning the same with the same dispatch and non-acknowledgment or comment of a consignment note, thereafter notifying us by email ask@gowine.com.my.

     

    If the loss or damage discovered after your acceptance of the goods by signing the consignment note, we deem ourselves as not liable for any exchange and/or refund.

    If you are entitled to a refund or return and incurred a delivery fee, we shall reimburse the cost of delivery.

    Modifications

     

    1. We may revise these Terms from time to time. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms.

     

    Privacy Policy

     

    1. We distinguish between personal and non-personal information.  Personal information is information that relates to a natural person from which that person’s identity may be directly or indirectly determined; it includes names, addresses and telephone numbers.  Non-personal information is information that is not personal information.

    We use or otherwise deal with personal information, solely to provide the applicable Services to you and for no other purposes whatsoever.   When we use or deal with personal information, we only use or deal with personal information which is provided voluntarily and obtained in compliance with all applicable laws.  In order for us to use personal information, the natural person must voluntarily submit it.  If you like to remove or update your personal information in our databases, please email ask@gowine.com.my.  The removal of your personal information is subject to our data retention obligations and requirements under applicable laws.

     

    We may disclose personal information in order to:

    1. comply with applicable laws;
    2. comply with legal, governmental, regulatory or similar processes or procedures; or
    3. protect our rights or property.

     

    We retain personal information collected (in accordance with the previous clause) only as long as necessary to fulfil a legitimate business need, or as required by law.

     

    Non-personal information is used by us solely to provide Services and to improve its Services.

     

    Cookies are data stored on a user’s hard drive that contain information such as banners seen or sites visited.

     

    We may use cookies for:

    1. keeping track of items in the shopping cart. No other data will be collected or tracked by this cookie, which acts purely as a storage facility for the shopping cart;
    2. keeping track of session variables. This cookie expires at the end of the session. No other data will be collected or tracked by the cookie, which is purely for the management of the variables required for the user to view the site once logged in; and
    3. other purposes solely for the provision of the Company services.

     

    We do not use cookies to obtain personal information. If you have any concerns or comments about our policy, please email us at ask@gowine.com.my.

     

    It is imperative you take responsibility for the security of your login name and password. Regardless of the location from which you are using our website, it is important to log out after your session ends.

     

    Exclusions and Limitations of Liability

     

    1. These provisions apply to the greatest extent permitted under applicable laws.   They are not limited to the circumstances that are within the parties’ contemplation as at the start of the Services. We shall not under any circumstances, whether in contract, tort, equity, statute or any other cause, be liable for any indirect damages, special damages, incidental damages, punitive damages, exemplary damages, consequential damages, expectation losses, loss of use, loss of sale, loss of data, loss of business, loss of profits or any other similar damages, whether or not we have notice of the possibility of these damages and whether or not these damages are within the parties’ contemplation.  Our liability arising out of or in connection with these Terms, whether in contract, tort, equity, statute or any other cause, is limited to solely the Services that we provide.

     

    You indemnify and hold us harmless from and against all claims, damages, expenses or losses that we incur or suffer arising out of or in connection with your breach of these Terms.

    Governing Law and Arbitration

     

    1. These Terms are governed by Malaysian Common law.  Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Malaysia. The language of the arbitration shall be English.