Terms & Conditions

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.

GST will be implemented in Malaysia with effect from 1 April 2015 at the rate of 6%. It will replace the existing sales tax and service tax. Prices of Items and services provided by KakakAdek Group Sdn Bhd, being GST registered company, will include GST where applicable.

Please refer to the GST Act 2014 published in the gazette on 19 June 2014 and the GST Regulations 2014 issued on 30 June 2014. GST is under the jurisdiction of the Royal Malaysian Customs Department (“Customs Department”).

All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practice of KakakAdek Group Sdn. Bhd (1100258-W), in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

2.1 The supply of Goods by KakakAdek Confinement to the Buyer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.

2.2 Any information made available in KakakAdek Confinement’s website connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.

2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and KakakAdek Confinement.

2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by KakakAdek Confinement in its website shall be subject to correction without any liability on the part of KakakAdek Confinement.

2.5 KakakAdek Confinement may provide Buyer with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document.

3.1 Order acceptance and completion of the contract between the Buyer and KakakAdek Confinement will only be completed upon KakakAdek Confinement issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, KakakAdek Confinement shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. KakakAdek Confinement shall furthermore be entitled to require the Buyer to furnish KakakAdek Confinement with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

3.2 No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of KakakAdek Confinement and on terms that the Buyer shall indemnify KakakAdek Confinement in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by KakakAdek Confinement as a result of the modification or cancellation, as the case may be.

The price of the Goods and/or Services shall be the price stated in KakakAdek Confinement’s website at the time which the Buyer makes its offer purchase to KakakAdek Confinement. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar tax which the Buyer shall be liable to pay to KakakAdek Confinement in addition to the price.

5.1 The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out by a third party (senangPay) appointed by KakakAdek Group Sdn. Bhd. The terms and conditions applicable to each type of payment, as contained in SenangPay’s website, shall be applicable to the Contract.

5.2 In addition to any additional terms contained in senang Pay’s website, the following terms shall also apply to the following types of payment: Refer to senangPay’s terms and conditions.

5.3 The buyer transaction will be managed by SenangPay, KakakAdek Group Sdn Bhd will not be responsible for any error or faulty occurs during any transaction.

6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

6.2 KakakAdek Confinement has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

6.3 Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and KakakAdek Confinement shall not be liable for any delay in delivery or performance howsoever caused.

6.4 If KakakAdek Confinement has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall be entitled, by serving written a notice on KakakAdek Confinement, to demand performance within a specified time thereafter, which shall be at least 14 days. If KakakAdek Confinement fails to do so within the specified time, the Buyer shall be entitled to request for a refund according to actual expenses.

6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason KakakAdek Confinement ‘s fault) then without prejudice to any other right or remedy available to KakakAdek Confinement, KakakAdek Confinement may:

6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or

6.5.2 terminate the Contract and claim damages.

7.1 KakakAdek Confinement shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of KakakAdek Confinement’s obligations if the delay or failure was due to any cause beyond KakakAdek Confinement’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond KakakAdek Confinement’s reasonable control:

7.1.1 Act of God, explosion, flood, tempest, fire or accident;

7.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;

7.1.3 acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;

7.1.4 import or export regulations or embargoes;

7.1.5 interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of KakakAdek Confinement or of a third party);

7.1.6 interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;

7.1.7 power failure or breakdown in machinery.

7.2 Upon the happening of any one of the events set out in Condition 7.1 KakakAdek Confinement may at its option:-

7.2.1 fully or partially suspend delivery/performance while such event or circumstances continues;

7.2.2 terminate any Contract so affected with immediate effect by written notice to the Buyer and KakakAdek Confinement shall not be liable for any loss or damage suffered by the Buyer as a result thereof.

Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to KakakAdek Confinement, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant offer to purchase.

9.1 KakakAdek Confinement shall accept liability to the Buyer for death or injury resulting from its own or that of its employees’ negligence. Save as aforesaid, KakakAdek Confinement’s liability under or in connection with the Contract shall be subject to the limitations set out in this Condition 9.

9.2 KakakAdek Confinement shall be under no liability whatsoever where this arises from a reason beyond its reasonable control as provided in Condition 9 or from an act or default of the Buyer.

9.3 In no event shall KakakAdek Confinement be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or KakakAdek confinement had been advised of the possibility of the Buyer incurring the same.

9.4 Where time of performance has been agreed by KakakAdek Confinement becomes the essence of the Contract by means of notice by the Buyer to KakakAdek Confinement, as provided for in Clause 6.4, and KakakAdek Confinement fails to comply with its obligations in due time, so that the Buyer becomes entitled to compensation in accordance with Condition 6.4, KakakAdek Confinement’s liability shall be limited to an amount of ½% for each full week of delay, in total to a maximum cumulative amount of 5%, of the value of the delayed Goods.

9.5 Without prejudice to the sub-limits of liability applicable under this Condition 9 or elsewhere in these Conditions, KakakAdek Confinement’s maximum and cumulative total liability (including any liability for acts and omissions of its employees agents and sub-contractors) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, tort, misrepresentation, negligence at law or equity and any other damages or losses which may arise in connection with its performance or non-performance under the Contract, shall not exceed the total Contract price.

9.6 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.

9.7 No action shall be brought by KakakAdek Confinement later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.

10.1 On or at any time after the occurrence of any of the events in condition 10.2 KakakAdek Confinement a may stop any Goods in transit, suspend further deliveries to the Buyer and exercise its rights under Condition 7 and/or terminate the Contract with the Buyer with immediate effect by written notice to the Buyer.

10.2 The events are:-

10.2.1 the Buyer being in breach of an obligation under the Contract;

10.2.2 the Buyer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Buyer’s winding up or dissolution;

10.2.3 the making of an administration order in relation to the Buyer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Buyer’s assets;

10.4. the Buyer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.

11.1 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.

11.2 No waiver by KakakAdek Confinement of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

11.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

11.4 No person who is not a party to this Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right under the Contracts (Rights of Third Parties) Act to enforce any terms of this Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Condition 3.2.

11.5 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause 12.7.

11.6 Except as provided for in Clause 12.7, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration (KLR-CA). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the KLRCA. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.

11.7 Notwithstanding Clause 12.6, KakakAdek Confinement shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information by means of injunctive or other equitable relief.

11.8 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any Contract for the sale of Goods.

11.9 KakakAdek Confinement reserves their right to these terms and conditions of sale at any time.

11.10 Milk formula products are returnable except for “change of mind” request. You are to ensure that product is not opened, as otherwise it will not be accepted for return.

11.11 Return/Refund or cancellations are not allowed of any perishable goods.To ensure that you are satisfied with the product you received, please inspect the contents as soon as your order arrives.