Terms & Conditions

(Updated as of September 1st, 2024)

Please read the following terms of use and disclaimer carefully before using this website (“site”).

This Agreement (the “Agreement”) is an agreement between you and Albert Wines & Spirits Sdn Bhd (also known as “FIJIWaterShop”) that states the terms and conditions under which you may use the Site and receive service from FIJIWaterShop, which includes processing and delivery of product orders. Your use of the FIJIWaterShop Service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all the terms and conditions, do not use the Site or the FIJIWaterShop Service.

Ordering through the site:

To receive delivery, you must live in a residential home, apartment, or be at a corporate address and you (or your representative of legal age) must be present to receive your order from our delivery service partner. The person at the delivery address that receives the delivery is conclusively presumed to be authorized to receive the delivery.

In the case of inclement weather or unforeseen delivery complications, it may be necessary to adjust our delivery schedule, which will cause us to suspend any agreed delivery times. If there will be a significant delay, a customer service representative may call or email you to let you know the status of your delivery time. We will deliver your order as soon as conditions permit. If your designated delivery location (i.e. street, avenue, etc.) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location.

Customers are under no obligation to tip the delivery team but have the option of doing so if exceptional service is provided.

Credit Card Payment: Your credit card will be charged for your order on the day your order is placed on the website. Our payment platform will charge your credit card for an amount equal to 100% of the total items in your order. FIJIWaterShop will not process orders that use an incorrect, expired, overdrawn, or fraudulent credit card; we will make our best efforts to contact you if this occurs. However, in the event such an order is processed, FIJIWaterShop reserves the right to collect funds for any uncollected transactions owed to it. If you fail to pay any fees or charges when due (including if a cheque is returned or electronic payment is rejected), FIJIWaterShop reserves the right to cancel the order. In case of suspected use of fraudulent credit cards (with information given by the bank or by our own staff), FIJIWaterShop reserves the right to hold the delivery until the bank confirms the legitimacy of the payment.

You shall be responsible and liable for any fees (including attorneys’ fees and collection costs) that FIJIWaterShop may incur in its efforts to collect any unpaid balances from you. Your right to use the FIJIWaterShop Service is subject to limits established by FIJIWaterShop and/or by your credit card issuer.

FIJIWaterShop reserves the right to cancel any order received. If payment has been made, a refund will be processed in full.

In no event will FIJIWaterShop be liable for any damages of any kind arising from or in connection with the use of, or the inability to use, the site, the FIJIWaterShop service, or the Internet. FIJIWaterShop’s liability shall be limited to providing you with a refund for any product that is returned. Your sole and exclusive remedy hereunder shall be to discontinue your use of the FIJIWaterShop service and to terminate this agreement. FIJIWaterShop reserves the right to limit your order or the quantity of a specific product you may order. As some states or jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental, or special damages or of implied warranties, in such states and jurisdictions liability is limited to the greatest extent permitted by law.

The material on the Site is provided for lawful purposes only. FIJIWaterShop controls and operates this Site from its headquarters in Kuala Lumpur, Malaysia, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Information regarding price and availability is subject to change without notice.

You agree to defend, indemnify, and hold FIJIWaterShop Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney’s fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.

In no event will FIJIWaterShop be liable if it has failed to deliver your order, or you wished to cancel your order before the shipping is done. You will be entitled to a full refund – minus the credit card processing fee.

Process:

Send us an email at info@fijiwatershop.com.my or call us at +60362763993 / +60177415658 (WhatsApp/WeChat) to inform us of your request. Upon approval of your request, we will process a refund – either directly to your credit card, or into your bank account if you used online banking. For the latter, the bank will require from you: full name, ID number, account number, and bank name. Refund may take up to 2 to 3 weeks to be fully processed. If the refund is requested by the customer and due to no fault from FIJIWaterShop, FIJIWaterShop may reserve the right to retain the credit card fees which have to be paid to the payment platform (usually between 1.5% and 2%).

Notice: FIJIWaterShop reserves the right to refuse a refund request due to unreasonable grounds provided (by the customer) to claim a refund.

Product Image: While we always try to have the most updated label uploaded on the website, sometimes we may receive new and different ones and not manage to upload them on time. So, the images uploaded on the website are not contractual. If you want to make sure of the current one we have, you can email or WhatsApp us directly.

Usage of Vouchers:

FIJIWaterShop may offer vouchers during promotional or special events. Unless stated otherwise, the following general rules apply to vouchers:

  • Voucher is only to be used once per customer.
  • A customer can be identified by the person’s name, email, phone number, or delivery address.
  • Voucher is applicable only on full-priced products excluding events & promotions – unless stated otherwise.
  • Only 1 voucher can be used per transaction/order.
  • If you used a voucher for an order where the payment failed or was cancelled, you will not be able to use that voucher code again. In the event that this happens, contact us directly for assistance at info@fijiwatershop.com.my.
  • Most vouchers have specific requirements: minimum total spend or products from specific categories. If the order does not comply with those conditions, the voucher will not be applicable.
  • Vouchers cannot be exchanged for goods or monetary value if not used; they can solely be used for online orders.
  • Most vouchers have a limited validity timeline, which cannot be extended.

Voucher Terms & Conditions:

The following terms and conditions apply to the redemption and use of promotional vouchers and voucher codes (“Vouchers”):

  • “Vouchers” include, but are not limited to: coupon code, discount code, discount coupon, sale voucher, voucher code, or any other form of discount available on FIJIWaterShop site.
  • A “Customer” is any individual or entity that makes an order or purchase at FIJIWaterShop website or via its sales team.
  • An “Order” or “Purchase” is an instruction from the customer to FIJIWaterShop to buy or obtain an item/s by paying for its full amount.
  • Vouchers are only valid on the FIJIWaterShop website for online orders and cannot be redeemed during events or elsewhere.
  • All voucher codes expire as stated on individual codes.
  • Vouchers are not transferable or exchangeable for cash.
  • A valid voucher must be entered at the checkout page in order to redeem its value.
  • Customers can only use the specific voucher once unless otherwise stated in the promotion of that voucher.
  • Vouchers have a limited time period in which they are valid – this time period cannot be extended.

FIJIWaterShop reserves the right to cancel or modify any order, or revoke the use of vouchers for any reason, due to the following reasons:

  • Abuse of voucher usage, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers.
  • Suspicious or fraudulent purchasing activity.
  • Voucher used in bad faith (including resold vouchers or use of vouchers/points by customers purchasing products for the purpose of re-selling).
  • Vouchers are not valid in conjunction with other promotions or discounts, unless otherwise stated.

Additional terms and conditions may be specified in relation to specific voucher codes (for example about period, eligibility, rebate amount, and products included), and will govern the use and redemption of those vouchers.

FIJIWaterShop will not be liable and/or be required to offer replacement vouchers, discounts, credits, cash, or otherwise compensate customers for:

  • Discontinued or cancelled vouchers.
  • Improper use of, or inability to redeem, a voucher.
  • The inability to claim a voucher due to technical issues.

Later Delivery Requests:

If the customer requires a later delivery date, please inform our customer service team. FIJIWaterShop can accommodate delivery on any business day within 1 month from the order date. After this period, a storage fee will apply. If the customer remains unreachable after 1 month from the order date, and the products are deemed unsuitable for use, FIJIWaterShop reserves the right to dispose of them. Unfortunately, FIJIWaterShop cannot process refund requests in such cases.

Self-Pickup Orders:

Please note that our refund policy does not cover self-pickup orders. FIJIWaterShop kindly asks the customer to inspect the goods before leaving the premises. Please collect your items within 1 month from the date of order placement. Regrettably, FIJIWaterShop is unable to process refund requests after this collection period. Should the products be found unsuitable for use, they may be disposed of accordingly.

Personal Data:

FIJIWaterShop adheres to the Personal Data Protection Act 2010, which regulates the collection and processing of personal data and other information (collectively, “Personal Data”) of individuals. The Act, which applies to all entities established in Malaysia, requires FIJIWaterShop to inform you (as the Data Subject) of your rights regarding your personal data that is being processed by us and the purposes for the data processing. FIJIWaterShop is committed to the protection of your personal data in accordance with the PDPA; this Privacy Notice explains how FIJIWaterShop collects and processes your personal data in accordance with the Act.

The personal data which you provide or have provided for the use by FIJIWaterShop for its services (via its website or by any other means) including any additional information you may subsequently provide, may be used and processed by us for the following purposes:

  • To process your request for our products and/or services.
  • To establish your identity and background.
  • To communicate with you.
  • To provide services to you.
  • To respond to your inquiries.
  • To provide you with information on products and services of FIJIWaterShop.
  • Other similar purposes.

FIJIWaterShop shall keep your Personal Data in its business records while you remain a customer or client of FIJIWaterShop. We also retain your Personal Data for a reasonable period of time after you are no longer a client of FIJIWaterShop for data analytics purposes. You may at any point hereafter make inquiries, complaints about your Personal Data, have access to your Personal Data, correct your Personal Data, or limit the processing of your Personal Data (as described above) by accessing your account on the website or submitting your request by email at info@fijiwatershop.com.my.

Miscellaneous:

Termination of Agreement: Any agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. FIJIWaterShop may suspend or terminate this Agreement or the FIJIWaterShop Service or remove or disable access to any part of the FIJIWaterShop Service at any time for any reason with or without notice to you. You may terminate this Agreement and your FIJIWaterShop Service at any time for any reason by delivering notice in the manner provided below, where termination will be effective the day notice is received or such later date specified in the notice. FIJIWaterShop reserves the right to collect fees and charges incurred before you cancel your FIJIWaterShop Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

Notices: FIJIWaterShop may notify you of a change in this Agreement, a change in the FIJIWaterShop Fee Schedule, and any other matter through a general posting on the FIJIWaterShop Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may notify FIJIWaterShop by telephone, electronic mail, or by conventional mail to:

3A, Jalan KIP 3, Taman Perindustrian KIP
52200 Kuala Lumpur – Malaysia
Tel: +603 62763993 / +601 77415658 (WhatsApp/WeChat)
info@fijiwatershop.com.my

Entire Agreement:

This Agreement and the Privacy Policy referred to herein represent your entire agreement with FIJIWaterShop regarding the use of the FIJIWaterShop Service and the FIJIWaterShop Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, FIJIWaterShop, and FIJIWaterShop Parties. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of Malaysia without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with FIJIWaterShop or relating in any way to your use of the FIJIWaterShop Service or the FIJIWaterShop Site resides in the federal and state courts of Kuala Lumpur, and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Kuala Lumpur in connection with any such dispute, including any claim involving FIJIWaterShop Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or it is barred.

Third-Party Beneficiaries: The provisions of this Agreement are for the benefit of FIJIWaterShop Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your FIJIWaterShop Service.

Amendment: FIJIWaterShop may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective seven days after they are initially posted on our Site. By using this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Agreement to which you are bound.

This Agreement was last revised in September 2024.