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Terms And Conditions

These Terms and Conditions ("Terms") govern your access to and use of the Tong Garden Malaysia website and your purchase of products through the website ("Website"). The Website is operated by Tong Garden Food (Malaysia) Sdn Bhd ("Tong Garden", "we", "us", or "our"). 

By accessing, browsing, registering on, or purchasing products through the Website, you agree to be bound by these Terms, together with our Privacy and Cookie Policy, Shipping & Delivery Policy, and Cancellation, Return & Refund Policy, as applicable. 

These Terms are intended for customers in Malaysia and are subject to Malaysian law. 

1. COMPANY INFORMATION 

2. ELIGIBILITY 

You may browse and use the Website from the age of 13 years, subject to applicable law. If you are under 18 years of age, you may use the Website only with the knowledge and supervision of a parent or legal guardian. 

Orders and purchases through the Website may be placed only by persons who are legally competent to enter into a binding transaction under applicable Malaysian law. A parent or legal guardian may place an order on behalf of a person who is not legally competent to enter into the transaction. 

By placing an order, you confirm that you have the legal capacity to enter into the transaction or that you are placing the order with the authorization and involvement of your parent or legal guardian. 

3. ACCEPTANCE AND CHANGES TO THESE TERMS 

Electronic records, order confirmations and other electronic communications may be used in connection with transactions through the Website, subject to applicable Malaysian law, including the Electronic Commerce Act 2006. We may update these Terms from time to time and will publish the revised version on the Website. 

4. USE OF THE WEBSITE 

You must use the Website lawfully and must not engage in fraud, unauthorized access, interference with security, scraping without permission, submission of false information, payment fraud, promotional abuse, or infringement of third-party rights. 

5. PRODUCTS AND PRODUCT INFORMATION 

We make reasonable efforts to keep product descriptions, images, specifications, ingredients, nutritional information, allergen information, prices and availability accurate. Packaging, artwork and labels may change. The product packaging supplied with the product should be treated as the final reference for product-specific information. 

6. PRODUCT AVAILABILITY 

All products are subject to availability. If a product becomes unavailable after an order is placed, we may cancel the affected item or order and provide the applicable refund, subject to law. 

7. PRICES, TAXES AND OTHER CHARGES 

Prices are displayed in Malaysian Ringgit (RM/MYR), unless otherwise stated. Applicable taxes, including SST where applicable, and delivery charges will be shown before completion of purchase. We may correct obvious technical, inventory, tax or pricing errors and handle affected orders in accordance with law. 

8. ORDER PLACEMENT AND ACCEPTANCE 

Placing an order is a request to purchase selected products. An order confirmation does not necessarily mean final acceptance or dispatch. We may cancel or decline an order for product unavailability, delivery restrictions, suspected fraud, duplicate or corrupted orders, technical or pricing errors, payment issues, or violation of these Terms or law. If payment has been received for a cancelled order, the applicable amount will be refunded. 

9. ORDER CANCELLATION BY CUSTOMER 

Requests to cancel an order should be made within two (2) hours on a working day. This operational timeframe may change and is subject to applicable law. Once an order has been dispatched or processed beyond operational cancellation, cancellation may no longer be available, subject to mandatory consumer rights. 

10. PAYMENT 

Payments may be made using methods offered on the Website, including third-party providers such as eGHL where available. Payment processing is subject to the provider's terms and security procedures. Unpaid orders may be cancelled according to the Website's payment rules. 

11. SHIPPING AND DELIVERY 

We deliver within Malaysia through our delivery partners. The estimated delivery period is five (5) to seven (7) working days after payment verification for applicable Malaysia deliveries. This is an estimate and may vary due to order volume, courier operations, public holidays, weather and other circumstances. You are responsible for providing an accurate and complete delivery address and contact details. 

12. RETURNS, REPLACEMENTS AND REFUNDS 

Refund requests should generally be made within seven (7) to fourteen (14) days of receiving an order, subject to the applicable return/refund policy and mandatory Malaysian consumer rights. For damaged, incorrect, missing, defective or expired products, contact customer service promptly. We may request the order number, product/batch information, photographs, video and packaging information. 

13. FOOD PRODUCTS, STORAGE AND DATE INFORMATION 

Customers should review product packaging for manufacturing or packing date, best-before or expiry information, batch or lot information, ingredients, allergen information, nutrition information and storage instructions, and should follow all handling and storage directions. 

14. PROMOTIONAL OFFERS AND COUPONS 

Promotions, coupons, loyalty points, free delivery and membership benefits may have separate terms, eligibility requirements and validity periods. Unless expressly stated, promotional benefits are not exchangeable for cash and may not be combined. 

15. USER ACCOUNTS 

The Website may permit guest checkout. If you create an account, you are responsible for your credentials and account activity and should promptly report unauthorized access. 

16. PERSONAL DATA, PRIVACY AND COOKIES 

Personal data is processed for order fulfilment, delivery, customer service, account management, fraud prevention and other permitted purposes. Processing is governed by our Privacy and Cookie Policy and applicable Malaysian data-protection law, including the Personal Data Protection Act 2010 (Act 709) and applicable amendments and regulations. The Website may use cookies and similar technologies for essential functionality, security, preferences, analytics and other permitted purposes. Please refer to the Privacy and Cookie Policy for details. 

17. INTELLECTUAL PROPERTY 

Website content, logos, brand names, images, graphics, text, designs, software and other materials are owned by or licensed to Tong Garden or the relevant rights holder. They may not be reproduced, distributed or commercially exploited without permission except as permitted by law. 

18. THIRD-PARTY SERVICES 

We may use third parties for payments, delivery, hosting, communications, analytics and customer support. Third-party services may have their own terms and privacy policies. 

19. WEBSITE AVAILABILITY AND SECURITY 

We make reasonable efforts to maintain the Website, but it may be unavailable due to maintenance, technical issues, cybersecurity incidents, network failures or circumstances beyond our reasonable control. 

20. ERRORS AND CORRECTIONS 

The Website may contain occasional typographical, technical, inventory, product or pricing errors. We may correct errors and, where an error materially affects an existing order, handle it in accordance with applicable law. 

21. LIMITATION OF LIABILITY 

To the maximum extent permitted by law, Tong Garden will not be liable for indirect or consequential losses arising solely from Website use. Nothing in these Terms excludes mandatory consumer rights, guarantees or remedies under Malaysian law, including the Consumer Protection Act 1999. Where a mandatory legal requirement conflicts with these Terms, the legal requirement prevails. Nothing excludes liability or consumer rights that cannot legally be excluded or limited. 

22. FORCE MAJEURE 

We are not responsible for delays or failures caused by circumstances beyond reasonable control, including natural disasters, fire, epidemics, government restrictions, transport disruptions, strikes, infrastructure failures or similar extraordinary events. Mandatory consumer rights remain unaffected. 

23. FRAUD AND MISUSE 

We may investigate suspected fraud or abuse and, where permitted by law, cancel orders, restrict accounts or refuse transactions where there is reasonable evidence of fraud, coupon abuse, unauthorized payment use, false claims or system abuse. 

24. SUSPENSION OR TERMINATION 

We may suspend or terminate account access or Website functionality where reasonably necessary to protect the Website, customers, business or third parties, or where these Terms or law are violated, subject to applicable law. 

25. GOVERNING LAW AND DISPUTE RESOLUTION 

These Terms are governed by Malaysian law. Nothing prevents a consumer from exercising mandatory rights or remedies before a competent Malaysian authority, tribunal or court. Subject to applicable law, disputes may be submitted to the competent courts or dispute-resolution bodies in Malaysia. 

26. CUSTOMER COMPLAINTS AND SUPPORT 

For complaints about orders, products, payments, delivery, returns, refunds or accounts, contact enquiry@tonggarden.com.my or +60 7-556 6660 / +60 16-710 8353. We will review complaints in accordance with applicable law and our internal process. The Consumer Protection (Electronic Trade Transaction) Regulations 2024 came into operation on 25 December 2024. 

27. SEVERABILITY 

If any provision is invalid or unenforceable, the remaining provisions continue to apply to the extent permitted by law. 

28. NO WAIVER 

Failure to immediately enforce a provision does not waive the right to enforce it later. 

29. ENTIRE AGREEMENT 

These Terms, together with the Privacy and Cookie Policy, Shipping & Delivery Policy, Cancellation, Return & Refund Policy and applicable promotion-specific terms, govern use of the Website and purchases made through it. 

30. CONTACT US 

For questions, complaints or assistance relating to these Terms or your purchase: