Sales Terms and Conditions

Purpose

1.1. The Sales Terms and Conditions (“Terms and Conditions”) defines the agreement between DNF Group Sdn. Bhd. (“SUKE”) and a customer (“Customer”) in regard to the sale and purchase of any products on SUKE through SUKE’s Shopping Platforms namely SUKE Shopping TV Channel, Website, Mobile Application and Social Media (“SUKE Shopping Platforms”).

1.2. All Customers are advised to read the Terms and Conditions prior to registering an Account and/or purchasing any products on SUKE Shopping Platform. By going to SUKE website to register an Account or by calling SUKE Call Centre at 03-9226 2253 to place an order or by placing an order through SUKE Shopping Platforms or by using any other facilities made available by SUKE from SUKE Shopping Platforms, Customers are deemed to have read,
accepted and agreed to abide by the Terms and Conditions.

1.3. SUKE reserves the right to amend, change, revise, modify, alter or remove the Terms and Conditions and any of the information made available to the Customers at any time it deems fit without prior written notice. Any amendment, revision, modification, alteration or removal shall be effective after they are posted on any medium on SUKE Shopping Platforms. The continued access and use of the features and/or services of SUKE Shopping Platforms shall be deemed as irrevocable acceptance of the amendment, revision, modification, alteration or removal and the Customers agree to be bound by the same.

1.4. The Customers must be the age of eighteen (18) or above to use and access the features and/or services and/or to make purchases on SUKE Shopping Platforms. By using, accessing and making purchases on SUKE Shopping Platforms, the Customers warrant and represent to SUKE that they are legal adults, competent to contract, persons of sound mind and not disqualified from contracting with any parties.

1.5. Notwithstanding the foregoing, if the Customer is under the age of eighteen (18), they may use and access the features and/or services and/or make purchases on SUKE Shopping Platforms under the supervision of the parents or legal guardians. The parent or legal guardian of a child under the age of eighteen (18) may use and access the features and/or services and/or to make purchases on SUKE Shopping Platforms on behalf of such child. By using and/or accessing to the features and/or services and/or to make purchases on SUKE Shopping Platforms on behalf of such child, the parents or legal guardians agree to be bound by the terms and conditions stated herein.
Registration and Suspension of Account

2.1. Customers may create a SUKE Account (“Account”) by either (1) calling SUKE Call Centre and speak to the designated person who is able to assist the Customers to register an Account; or (2) logging onto SUKE Website or Mobile Application and fill in the relevant form for the purpose of creating an Account; or (3) by opting for any other methods of registration as shall be determined by SUKE from time to time at its absolute discretion.

2.2. To register an Account, a Customer (1) must be the age of eighteen or above at the time of registration, and (2) have a valid phone number or email address which SUKE reserves its right to verify and approve.

2.3. Customers must provide all relevant information required by SUKE for the purpose of creating and registering the Account and by doing so, the Customers warrant and agree to (1) provide true, accurate, current and complete information as prompted and/or required by the designated person or the registration form and (2) to maintain and promptly update such date to keep it accurate, current and complete at all times.

2.4. Customers shall be responsible in maintaining their Account at all times and shall be fully liable for all activities that occur under the said Account regardless of whether or not such activities are done or expressly authorized by the Customers. Customers shall notify SUKE should there be Sales Terms and Conditions any unauthorized activities or any breach of security known to the Customer over the Customers’Account.

2.5. Subject to the terms contained herein, SUKE reserves the rights to be exercised in its sole and absolute discretion and without prior written notice: (i) to decline a registration of a new Account; or (ii) to suspend, cancel or terminate an existing Account; or (iii) to remove the eligibility of any Customer and/or Account to any promotional offer or reward or (iv) cancel all or part of any Order made by Customer, at any time in the following circumstances:

2.5.1. If any Customer breaches any of the Terms and Conditions and/or SUKE Return and Refund Policy and/or any other Terms and Conditions made available to the Customer; or

2.5.2. If any Customer provides any information that is untrue, false, inaccurate, not current or incomplete or if SUKE has reasons to believe that such information provided by the Customer is untrue, false, inaccurate, not current or incomplete; or

2.5.3. If any Customer commits or performs fraudulent activities or fraudulent activities are performed by other third party using the Customer’s Account or if SUKE has reasons to believe there is a fraudulent use of the Customer’s Account which may include but not limited to unauthorized access to or by third parties of a Customer’s email address and password; using another person’s banking account to pay for any Order; commits other illegal activities that breach or infringe any applicable laws; or

2.5.4. If any Customer is found to have multiple Accounts or is acting as joy bidder/buyer; or

2.5.5. If any Customer commits any act or if SUKE as reasons to believe that the Customer has committed any act that affects or damages the reputation and goodwill of SUKE.

2.6. In any event of termination of an Account, the Customer, upon such termination, shall immediately cease all access and use to the Account and SUKE Shopping Platforms. Any termination of an Account shall not affect the existing rights and obligations of the Customer and/or relieve the Customer from its obligations arising before the termination including but not limited to the obligation of the Customer to make payment for any Order placed on SUKE Shopping Platforms.

2.7. Notwithstanding the above, SUKE shall have the right to terminate or delete any existing Account without stating any reason at its sole and absolute discretion.
Acceptance of Order and Pricing

3.1. Prior to placing or submitting any order on SUKE Shopping Platforms to purchase any items and/or products offered for sale (“Product”) from SUKE Shop or SUKE’s Shopping Partners (“Order”), all Customers are deemed to have read the Terms and Conditions whereby failing to adhere to the Terms and Conditions will give right to SUKE to accept, reject, refuse or cancel any Order.

3.2. Any Order placed by the Customer shall consist of the following information required by SUKE including but not limited to name and specifications of Products, payment methods and details and delivery and contact details of the Customer or recipient of the Order.

3.3. Any successful Order will be confirmed and notified to the Customer containing a summary of the Order details (“Purchase Order”) via the valid email address or contact number provided by the Customer or such other method SUKE may exercises from time to time without prior written consent of the Customer.

3.4. SUKE shall have the rights to accept, reject, refuse or cancel any Order which can be exercised, without limitation, in any of the following reasons:

3.4.1. The Products ordered by the Customer is unavailable or out of stock;

3.4.2. If SUKE is unable to obtain authorization for the Customer’s payment or Customer’s payment is denied by the financial service provider;

3.4.3. If there is any information furnished by the Customer is found to be untrue, false, inaccurate, not current or incomplete; or

3.4.4. If SUKE believes that it is not technically able to fulfil the Customer’s order in anyaspect.

3.5. Any changes and/or cancellation of the Order by the Customer can be made by referring to SUKE’s Return and Refund Policy.

3.6. All prices of the Products are as stated on SUKE Shopping Platform and SUKE shall have the absolute discretion to determine the price of the Products at all times without limitation to any promotional prices. The prices are subject to changes as may be determined by SUKE from time to time without prior notice. Unless stated otherwise, all prices and charges of the Products are in Ringgit Malaysia (RM).

3.7. All prices stated include the relevant tax (if any) unless otherwise is stated by SUKE. SUKE is committed to providing the most accurate pricing information and product details on its Shopping Platforms. However, in the event where an error has occurred e.g., if the pricing is inaccurate, SUKE may either reach out to the Customer for instructions or cancel the Order based on its own discretion.

3.8. For the avoidance of doubt, all Products offered for sale on SUKE Shopping Platforms shall only constitute as an invitation to treat and not a formal or binding legal offer unless there is a formal acceptance to sell and to purchase by SUKE and the Customer respectively, and any order made by the Customers outside of Malaysia shall only be made via SUKE’s Website.
Descriptions and Availability of Products

4.1. Customer warrants and acknowledges that all visual representations of the Products presented, showcased, displayed, broadcasted and made available on the Shopping Platforms are for illustrative purposes only and may not be an exact representation of the Products. Despite the commitment of SUKE to provide the most accurate descriptions, the actual Products delivered to the Customer may vary from those appeared on the Shopping Platforms due to the reasons including but not limited to quality or limitation of the broadcast, products enhancement and repackaging of the Products.

4.2. The availability of the Products appeared on the Shopping Platforms shall depend on the availability of the stock and SUKE does not guarantee that the Products will be available at all times. If the Products ordered by the Customer are unavailable and or out of stock, SUKE will use its best endeavours to restock the Products within fourteen (14) days or to offer a replacement product with similar value and type. Notwithstanding thereof, SUKE shall not be held liable in any manner whatsoever to the Customer.
Terms of Payment

5.1. SUKE reserves the sole and absolute right to determine the rules and policies in regard to the payment methods applicable for the purchase of the Products on its Shopping Platforms (“Payment Methods”) and is entitled to make necessary changes and/or amendments from time to time without prior notice. Unless otherwise stated, the Customer can purchase any Products via the following Payment Methods:

5.1.1. Debit Card and/or Credit Card (“Cards”)

5.1.1.1. SUKE accepts all types of Cards issued by the financial institutions in Malaysia including but not limited to Visa, Mastercard and American Express. Notwithstanding that, SUKE reserves its right and absolute discretion to reject and/or refuse the acceptance to any Cards and to revise the types of Cards to be accepted under this Payment Method without assigning any reason or prior notice.

5.1.1.2. The Customer using this Payment Method shall comply with the terms and conditions imposed by the issuing financial institutions of the Cards which may include but not limited to imposition of additional charges to the Cards’ holder.

5.1.1.3. In the event any payment under this Payment Method is rejected or declined due to any reason whatsoever, SUKE reserves its right to reject, refuse or cancel any or all part of the effected Order.

5.1.2. Internet/Online Banking (“Internet Banking”)

5.1.2.1. SUKE accepts payment by way of Internet Banking. To opt for this Payment Method, the Customer is required to sign up and/or register for the internet banking function with any financial institutions that provide internet banking services.

5.1.2.2. The Customer using this Payment Method shall comply with the terms and conditions imposed by the issuing financial institutions of the account utilized for the internet banking services which may include but not limited to imposition of additional charges to the respective account.

5.1.3. E-Wallet Payment (“E-Wallet”)

5.1.3.1. SUKE further accepts cashless payment via E-Wallets i.e., Boost, Maybank QR Pay, GrabPay, Touch ‘n Go. Notwithstanding that, SUKE reserves its right and absolute discretion to reject and/or refuse the acceptance to the payment from any E-Wallet service provider and to revise the types of E-Wallets to be accepted under this Payment Method from time to time without assigning any reason or prior notice.

5.1.3.2. The Customer using this Payment Method shall comply with the terms and conditions imposed by the respective E-Wallet service provider and SUKE shall not be held liable for the imposition of the terms and conditions. Once the Customer has identified the preferred E-Wallet to perform any purchase, the Customer shall be deemed to have accepted and agreed to the term and conditions of the E-Wallet of its choice.

5.1.3.3. In the event any payment under this Payment Method is rejected or declined due to any reason whatsoever, SUKE reserves its right to reject, refuse or cancel any or all part of the effected Order

5.1.4. Cash on Delivery (“COD”)

5.1.4.1. For the purchase(s) of any of the Products that worth less than RM2,000-00 per Order per day (excluding the delivery charges), the Customer may opt to pay by way of COD. SUKE shall have the right to refer the payment for any Order with the purchase value exceeding the said amount to be made by way of Debit Card and/or Credit Card.

5.1.4.2. SUKE shall have the right to make necessary changes and/or amendments on the amount capped above from time to time without prior notice.

5.1.4.3. For any purchases under this Payment Method, the Customer shall make the full payment in cash as stated in the Purchase Order to SUKE’s Delivery Provider at the point of delivery of the Products. Upon receipt of the full payment, the Products will be handed to the Customer.
Delivery

6.1. Subject to the terms and conditions stated herein, the delivery of the Products is only available to the designated areas in Malaysia (“Designated Delivery Areas”) which may be amended and/or reviewed by SUKE from time to time without prior notice. SUKE shall only deliver the Products to the Customer upon receipt of the full payment via methods specified under Clause 5 above to the address provided by the Customer during the confirmation of the Order provided that the said address is within the Designated Delivery Areas. All Customers are advised to refer to the list of the Designated Delivery Areas before making any order.

6.2 If the address for the delivery is not within the Designated Delivery Areas, the Customer shall be liable to collect the Products at the place provided by SUKE (“Collection Point”) but subject always to the exercise of SUKE’s right to reject any delivery that is not within the Designated Delivery Areas.

6.3. Delivery(s) of the Products are subject to delivery charges (“Delivery Charges”) which shall be paid by the Customer unless otherwise is stated. The Delivery Charges will be stated in the page showcasing the Products’ details and/or on the checkout page prior to the confirmation of any Order. The Customer shall be liable to pay for the Deliver Charges when making the payment for any Order.

6.4. SUKE is entitled at its sole discretion at any time to appoint any third party to carry out logistics and delivery services (“Delivery Provider”) without prior notice to the Customer. For any Product that require installation, such installation will be carried out after the delivery of the Product. Customers are advised to confirm the details with SUKE by calling SUKE Call Centre prior to the delivery of any Product that requires installation.

6.5. In the event the Customer intends to authorize any other third party to accept the delivery of the Products on its behalf, the Customer shall notify SUKE by calling SUKE Call Centre. For this purpose, the Customer shall, if so requested by SUKE and/or the Delivery Provider, provide an authorization letter to SUKE and/or the Delivery Provider at the point of delivery for identification or verification purposes.

6.6. The delivery hours are within 9.00 am to 6.00 pm on a Business Day (“Delivery Hours”) subject to any revision by SUKE at its sole discretion from time to time as it deems fit without prior notice and SUKE shall not be liable to the Customer for any revision of the Delivery Hours. For the purpose of this clause, Business Day means the day which commercial banks are open for business in Kuala Lumpur (excluding Saturdays, Sundays and public holidays). Any request by the Customer for deliveries after the Delivery Hours is subject to the discretion of SUKE and additional charges may apply.

6.7. Subject to the terms and conditions provided herein and unless otherwise is stated on SUKE’s Shopping Platforms, any order placed before 4.00 pm on a Business Day will be processed on the same day and passed to the Delivery Provider within forty eight (48) hours from the point the Order was accepted and thereafter will be delivered to Customers.

6.8. Any order placed after 4.00 pm on a Business Day shall be processed on the following Business Day. Notwithstanding the above, the delivery periods stated may be amended and/or revised by SUKE at its sole discretion from time to time as it deems fit without prior notice and SUKE shall not be liable to the Customer for any delay attributed to reasons beyond the control of SUKE.
6.9. In addition to the delivery to be carried out by the Delivery Provider under Clause 6.4 above, the Customer may opt for the Products to be delivered by SUKE’s logistic partner which is SUKE GO for the selected Products eligible for delivery under SUKE GO. By opting for this delivery option, Customer may be entitled to a next-day delivery and/or delivery with no charge to the following delivery areas (Klang Valley, Kota Bharu and Kuala Terengganu), whichever is applicable for the Order to be determined at SUKE’s sole discretion
6.10 SUKE shall inform the Customer should it anticipates the inability to deliver the Products at the estimated delivery date, time and/or period. Attempts for the delivery will be made in the event the Customer is not present at the address provided for delivery. If the Customer fails to accept delivery of any Product after the third (3rd) attempt for any reason whatsoever, SUKE is entitled to cancel the Order and refund to the Customer any payment (excluding the delivery charges) made by them but without prejudice to any other rights or remedies available to SUKE.

6.11. The Customer warrants and agrees that the risk to the Products shall pass to the Customer at the time of delivery. Notwithstanding the delivery of the Products and the passing of risk, the ownership of the Products shall only pass to the Customer upon receipt of the full payment of the Products in the Order. SUKE shall not be held liable for any losses, damages and/or liabilities accrued over the Products after the passing of risk to the Customer.
Return and Refund

7.1. All Customers are advised to refer to SUKE’s Return and Refund Policy prior to making any request for return and refund of any Product. SUKE’s Return and Refund Policy shall be deemed as part of this Terms and Conditions and shall be binding on all Customers.

7.2. For any request for refund, the refund amount shall be equivalent to the price of the Products paid by the Customer regardless of whether more than one (1) Products are purchased by the Customer in a single transaction.
Products Reviews

8.1. The Customer may post reviews for the Products on SUKE’s Shopping Platforms (“Reviews”). Be that as it may, SUKE subject to its sole discretion shall have the absolute right to remove or edit any Reviews by the Customer if such Review is deemed to be offensive, defamatory, obscene, indecent, inaccurate, false, misleading, a threat to public health or safety, infringes any intellectual property rights or violates any applicable law and regulations in Malaysia.

8.2. The Customer warrants, acknowledges and agrees that:

8.2.1. the contents of the Reviews and rights of control over the contents and/or the Reviews are owned by the Customer;

8.2.2. the Reviews are accurate and not misleading; and

8.2.3. the Reviews shall not cause any injury, losses and/or damages to any other party.

8.3. By posting the Reviews on any SUKE’s Shopping Platforms, it is deemed as an acceptance by the Customer to grant the rights to SUKE and/or its affiliates to use, copy, display, publish and/or promote the Reviews in any medium for marketing and/or promotional purposes.
Intellectual Property Rights

9.1. All intellectual property (which shall include but not limited to the logos, icons, visual graphics, animation, texts, website, patents, trademarks, service marks, trade names, registered design, designs, copyrights and other forms of intellectual or industrial property) (“Trademarks”) of the Shopping Platforms and SUKE and SUKE’s affiliated entities shall be vested and owned by SUKE and remain the exclusive property of SUKE.

9.2. The Customer shall not:

9.2.1. acquire or own any right, title or interest of any kind or nature whatsoever in the Trademarks of SUKE or its affiliated entities; and

9.2.2. copy, use, reproduce, distribute, publish and/or imitate in any form the Trademarks of SUKE or its affiliated entities or other related works of SUKE for any other purpose whatsoever, including but not limited to any advertising, sales representation or commercial transaction without the prior written consent of authorized person of SUKE.

9.3. Any use of SUKE Trademarks by the Customer without prior written consent of authorized person of SUKE shall constitute a material breach of this Terms and Conditions and SUKE shall have the right to exercise its rights under the applicable law.

9.4. Additionally, the Customer acknowledges that other marks, logos, icons and trade names belonging to other third party may appear on the Shopping Platforms and the Customer warrants that it shall be responsible to ensure that such marks, logos, icons and trade names are not infringed. The Customer shall indemnify SUKE against any third party claims resulted from the infringement of third party’s intellectual property rights by the Customer.
Warranties

10.1. SUKE will exercise reasonable steps in ensuring that all the model, quality, standard, composition and style of the Products are as displayed, broadcasted, showcased and sold on its Shopping Platforms and the Products are delivered in accordance with the general description under which the Products are sold.

10.2. All information, particulars or claims in regard to the Products that are represented on SUKE’s Shopping Platforms are as provided by the manufacturers and/or supplier of the respective Products unless otherwise is stated therein. SUKE shall not be held liable for any inaccuracy or error in the display, presentation and broadcast of such information, particulars or claims and from the reliance of the Customer and/or any other third party of such information, particulars or claims.

10.3. SUKE does not make any warranties, representation and/or endorsements, whether express or implied, over (including but shall not be limited to) the satisfactory quality of the Products, its reliability or fitness for any specific purposes, completeness, merchantability, commercial value or non-infringement of the rights of any third party. SUKE shall not be held liable and shall be absolved from any liabilities for the reliance of any party on the warranties, representation and/or endorsements made on the Products.
Liability and Indemnities

11.1. To the fullest extent allowed by the applicable law, the Customer warrants and agrees that SUKE shall not be held liable for any claim including by any other third party for direct, indirect, consequential, incidental and/or special loss or damages (including but not limited to loss of revenue, loss of profits, loss of goodwill, loss of reputation, loss of privacy, loss of data or the cost of procurement of substitute products arising out of or from use, inability to use, performance or failure of the SUKE’s Shopping Platforms) that arise out of or in connection to the Products sold by SUKE.

11.2. Subsequently, the Customer agrees to indemnify SUKE for any claims, losses, demands, damages and/or liabilities for any matter related but not limited to as follow:

11.2.1. any defect or malfunction of the Products due to or arising from defective installation or commissioning by the Customer or any third party, or due to negligent or improper handling of the Products or any part of the Products by the Customer or any third party;

11.2.2. any damage or defect of the Products resulted from misuse, alteration or improper repair of the Products by the Customer or any third party, wilful or deliberate damage, abnormal working conditions or excessive load;

11.2.3. failure of the Products to carry out its intended purposes due to the Customer’s failure or neglect to follow proper instructions or operating manual of the Products, installation of unsuitable operating materials or replacement materials, defective and negligent handling or improper maintenance;

11.2.4. any allergies reactions or other medical and/or health conditions suffered by the Customer due to the usage or consumption of the Products or resulted from improper use of the Products;

11.2.5. any death or personal injury due to negligent or improper handling of the Products caused by the misuse, abuse, alteration or improper repair of the Products or due to defective installation or commissioning of the Products; or

11.2.6. any losses or damages arising from or due to the use of or inability to use SUKE’s Shopping Platforms because of service interruptions by network service providers; failure of performance, error, omission, interruption, delay in operation or transmission; any type of virus; delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of this site and/or other mediums for SUKE’s Shopping Platforms or failure to making payments online.

11.3. Unless otherwise is stated herein, the Customer agrees that SUKE’s total liability to the Customer or any third party in any claims, losses, demands, damages and/or liabilities shall be the amount paid by the Customer to SUKE in purchasing the Products.

11.4. Notwithstanding the above, the Customer further warrants and agrees that SUKE shall not be liable for any failure to perform its obligations under this Terms and Conditions due to any occurrences or events beyond its control and without the fault, omission or negligence on SUKE’s part, including but not limited to government’s directive, order or intervention, acts of God, war, rebellion, strikes, lockout or labour disputes, plagues, epidemic, pandemic, sabotage or riots, floods, fire, explosion, earthquake or other natural disasters or catastrophes (“Force Majeure”).
General Terms

12.1. Personal Data: In the course using the website or creating an Account or purchasing any Product on SUKE Shopping Platforms and/or the services made available to the Customers, the Customers may be required to provide certain personalized data (“Personal Data”) to SUKE. SUKE’s information collection and use policies in regard to the protection of the Customer’s Personal Data are set forth in SUKE’s Privacy Policy which is incorporated into these Terms and Conditions.

12.2. Law and Jurisdiction: This Terms and Conditions shall be governed by and interpreted in accordance with the laws of Malaysia and in the event of any dispute, the Malaysian Courts shall have jurisdiction.

12.3. Severability: If any provision of this Terms and Conditions should become illegal or void for any reason, the validity and enforceability of the remaining provisions shall not be affected.

12.4. Entire Agreement: This Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and shall be read with SUKE’s Return and Refund Policy.