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Terms & Conditions (Albert International Wines & Spirits Sdn. Bhd.)

By browsing or using any part of this website (“Website”) (including but not limited to placing orders, subscribing to Wine Club, joining our Loyalty Programme or utilising any other services offered) operated by Albert International Wines & Spirits Sdn. Bhd. and our affiliates (“Albert Wines”, “us”, “we” or “our”), you shall be deemed have agreed to be bound by this Terms and Conditions (“T&C”) and our Privacy Policy.

If you do not agree to all of this T&C and our Privacy Policy, please do not use our Website. Your continued use of our Website (whether now or in the future) constitutes your acknowledgement and acceptance of this T&C and our Privacy Policy, as may be amended from time to time.

1. DEFINITIONS

In this T&C:
(a)   "Account" means the account that you create, register or maintain on our Website;
(b)   Business Day” means a day on which licensed banks are open for business in Kuala Lumpur and Selangor excluding a Saturday, Sunday or public holiday;
(c)   Platforms” means collectively our Website, social media platforms (including but not limited to Facebook, Instagram, X (formerly known as Twitter), YouTube, WhatsApp, etc.), and any other digital applications, websites or online platforms that we may own, operate or are associated with from time to time;
(d)   You” or “your” shall refer to yourself or individuals or entities who are connected or associated or affiliated with you, including but not limited to your legal representatives or such other persons or entities acting on your behalf.
(e)   Vouchers” shall mean any form of promotional discount issued by us, including but not limited to coupon codes, discount codes, discount coupons, sale vouchers, voucher codes or any other similar forms of discounts made available on our Website.

2. PROHIBITION

2.1  Pursuant to Section 19(1) and Section 19(2) Syariah Criminal Offences Act 1997, all Malaysian Muslims are forbidden from buying and drinking alcohol. By virtue of this, Albert Wines will not sell any alcohol products listed on its website to any Malaysian Muslims. 
2.2   The sale of alcohol to individuals below the age of 21 is prohibited. It is illegal for you to buy alcohol from us if you are under the age of 21 and it is illegal to falsify your details in order to buy alcohol if you are under the age of 21. You agree to indemnify and hold us harmless from any legal claims, liabilities, or consequences arising from your provision of false or inaccurate information, including but not limited to misrepresentation of age or religious status, in violation of applicable laws.
2.3   We reserve the right to request proof of age, religious status or licensing eligibility at any time if we reasonably suspect that the legal requirements are not met. In the event of failure to provide the requested proof, we shall be entitled to refuse to sell our products or provide services to you, deny your access to our Website, and/or terminate your existing transaction/engagements with us, at any time.

3. PRICE

3.1   The prices of our products listed on our Website are subject to change at any time without prior notice to you. 
3.2   Whilst we make best efforts to ensure that all details, descriptions and prices which appear on our Website are accurate, there may be instances where errors occur or where there may be sudden changes in tax rates, customs duties or regulatory charges after your order is confirmed but before delivery. In such cases, we reserve the right to adjust the final price of our products. For avoidance of doubt, any price adjustments shall not apply to orders that have already been confirmed and dispatched.
3.3   If any price adjustments are required, we reserve the right to take the following actions: 
(a) Order Cancellation: We may cancel your order and you will be notified of the cancellation, in which case any payments made will be refunded in full; or
(b) Price Adjustment: If you wish to proceed with your order at the correct or adjusted price, we will provide the updated price for your confirmation before processing the order.
If we are unable to reach you or receive your response within 3 Business Days from our notification, we shall automatically cancel your order and if payment has been made, a full refund will be issued in accordance to paragraph 9 below.
3.4   All product prices are stated in Ringgit Malaysia (RM) and are inclusive of Sales and Service Tax (SST), excise duties or import duties (whichever is applicable), in accordance with Sales Tax Act 2018, Excise Act 1976, Customs Act 1967 and other applicable laws and regulations in Malaysia.
3.5   Promotional prices, Vouchers (as set out in paragraph 5 below), discounts or free delivery services offered on our Website are valid only during the applicable promotional period, subject to stock availability and may be subject to a minimum purchase amount or such other conditions, as specified on our Website or Platforms. We reserve the right to amend, extend or withdraw any promotional offers at our sole discretion without prior notice to you.
3.6   The prices of our products do not include delivery or shipping fees, which will be calculated separately at checkout based on your delivery address and selected delivery method. Such additional charges will be displayed and included in the “Total” before you confirm your order.
3.7   The prices listed on our Website apply to standard retail quantities. For bulk or corporate orders, separate pricing may apply. Please contact us directly for a customised quotation.

4. PAYMENT OPTIONS

4.1   You can pay for your order using your credit card or via our authorised third-party payment service provider (iPay88 Malaysia) or such other methods as may be updated on our Website from time to time. Payment must be made in full for your order to be placed.
4.2   All payment transactions on our Website are processed through secure and encrypted payment gateways. We shall not be responsible for any technical issues, payment failures, or security breaches occurring on the payment service provider’s platforms. If you encounter any issues with your payment or have any payment-related concerns, please contact your payment service provider directly.
4.3   All payments must be made in Ringgit Malaysia (RM) at the time of purchase. If you are making a purchase from outside Malaysia, the final amount charged will be based on the prevailing currency exchange rates set by your bank, financial institution or the third-party payment service provider (as the case may be). Please note that additional charges such as foreign exchange fees or international transaction fees may apply, and we shall not be responsible for any such charges. The final amount reflected on your bank statement may differ from the amount displayed at checkout due to currency conversion rates and fees imposed by the bank, financial institution or payment service provider.
4.4   Your order will only be processed once payment has been successfully received and verified by us. We will not process orders made using an invalid, expired, overdrawn, or fraudulent payment method. If your payment is unsuccessful, we will notify you as soon as practicable. However, in the event that an order is inadvertently processed without successful payment, we reserve the right to recover any outstanding amounts owed to us. You shall be responsible and liable for any fees (including legal fees and collection costs) incurred by us in recovering any unpaid balances from you. 
4.5   If we detect or suspect any fraudulent transactions (including those flagged by your bank/financial institution, the payment service provider or upon our internal verification checks), we reserve the right to:
(a) withhold the delivery of your order until the payment is verified and confirmed by the payment service provider; or
(b) cancel the order entirely if the payment cannot be verified within 3 Business Days from our request for verification.
4.6   If payment is subsequently disputed or reversed after the order has been processed or delivered, you shall be liable for any losses, damages or legal costs incurred or suffered by us in recovering the outstanding amount. Repeated payment failures or suspected fraudulent activities may result in temporary or permanent suspension of your Account and the blacklisting of your Account from future transactions on our Website.
4.7   We reserve the right to limit or reject your order if there are any outstanding payments payable to us by you or if you have a history of payment disputes.
4.8   All refunds pursuant to this paragraph 4 will be processed in accordance with paragraph 9 below and will only be made to the original payment method used at the time of purchase.
4.9   We shall not be liable for any damages, losses, or delays arising from payment processing errors, third-party payment gateway failures, bank or payment service provider disruptions, technical issues, force majeure events or any inability to process your payment due to circumstances beyond our control or not attributable to us, or any unauthorized transactions resulting from your failure to safeguard your own payment details.

5. VOUCHERS 

5.1  We may offer Vouchers during promotional campaigns or special events. Unless stated otherwise, the following terms shall apply to all Vouchers:
    • Vouchers are limited to one-time use per customer.
    • A customer is identified by their name, email address, phone number, or delivery address.
    • Vouchers are only applicable to full-priced products, excluding events, promotions, and discounted items.
    • Only one Voucher code can be applied per transaction or order.
    • Vouchers are not valid for event tickets.
    • If a Voucher is used on an order where payment fails or the order is cancelled, the Voucher will be deemed invalid. 
    • Vouchers may be subject to specific conditions, such as a minimum spend amount or applicability to certain product categories. If these conditions are not met, the Voucher cannot not be applied.
    • Vouchers cannot be exchanged for cash, goods, or any monetary value if unused, and are solely for use in online purchases on our Website.
    • Most Vouchers have a limited validity period, which cannot be extended once expired.
    • Vouchers must be entered at the checkout page to redeem their value and cannot be applied retrospectively.
5.2   We reserve the right to cancel or modify any order or revoke the use of Vouchers for any of the following reasons (non-exhaustive):
    • Abuse of Vouchers, including the use of multiple Accounts or multiple checkouts associated with the same customer or group of customers.
    • Suspicious or fraudulent purchasing activity.
    • Vouchers used in bad faith (including resold Vouchers or use of Vouchers/points by customers purchasing products for the purpose of re-selling).
    • Vouchers are used in conjunction with other promotions or discounts, unless expressly allowed.
5.3   We will not be liable and/or be required to offer replacement Vouchers, discounts, credits, cash or otherwise compensate customers for:
(a) discontinued or cancelled Vouchers;
(b) improper use of, or inability to redeem, Vouchers; or
(c) the inability to claim Vouchers due to technical issues.

6. REWARD POINTS SYSTEM

Our Reward Points System allows you to earn points with every purchase made on our Website, on the following terms:
    • 1 point will be given to you for every RM1 spent by you on our Website.
    • No minimum cart value is required to redeem points.
    • Points earned are valid for 12 months from the date of purchase. Unused points will automatically expire after the 12 months’ period.
    • Points are non-transferable and cannot be exchanged for cash, Vouchers, or any other forms of credit.
    • Points earned are tied to your registered Account and cannot be combined or shared across different accounts.
We reserve the right to revise, amend or terminate the Reward Points System at any time without prior notice.

7. ORDERS 

7.1   We endeavour to ensure that product availability displayed on our Website is accurate and up to date. However, we do not guarantee the availability of any product listed. In the event that an item becomes unavailable after an order has been placed, we will notify you as soon as practicable and may offer a suitable replacement (subject to your acceptance) or process a full refund upon your request. 
7.2   We also reserve the right to:
(a) limit the quantity of products available for purchase per customer or order;
(b) discontinue or modify products, without prior notice; or
(c) refuse orders if we suspect any unauthorised resale, bulk purchasing or misuse.
7.3   You shall ensure that all details provided during the ordering process (including but limited to delivery address, contact information and product selection, etc.) are accurate and up to date. We shall not be liable for any issues arising from incorrect or incomplete order details provided by you and we are not obligated to verify the accuracy of the information submitted.
7.4   Orders will not be processed or confirmed until full payment has been successfully received through an approved payment method. If payment is declined, incomplete or not received, the order will be considered invalid and no contract will be formed between you and us.
7.5   A binding contract is only formed when we send an official Order Confirmation Email, which confirms that your order has been accepted and is being processed for dispatch.
7.6 We reserve the right to refuse or cancel any order at any time due to unforeseen circumstances, such as stock unavailability, pricing errors, regulatory restrictions or suspected fraudulent activity, even if payment has been made. In such cases, a refund will be processed in accordance to paragraph 9 below and our liability will be strictly limited to the amount paid for the affected order.
7.7   If you wish to cancel your order after an Order Confirmation Email has been issued to you, please contact us within 24 hours from the time the order has been placed. A refund will be processed in accordance to paragraph 9 below. Any requests for cancellation received after 24 hours from the time the order has been placed will not be accepted and no refund will be provided.
7.8   If an order has been placed and confirmed, changes or modifications to the order (including but not limited to changes in product, quantity, or delivery details) will not be permitted. We reserve the right to reject any request for order changes. If you believe an error has been made in your order, please contact us immediately and we will assess the situation on a case-by-case basis. We cannot guarantee that changes will be accommodated, and any approved modifications may be subject to additional fees or delays.

8. DELIVERY / SELF-PICKUP 

8.1   We offer shipping within West Malaysia only. Shipping fees and estimated delivery times will be calculated and displayed during the checkout process. In the event of incorrect shipping information leading to undeliverable or delayed orders, you will be responsible for covering any additional shipping fees.
8.2   Please refer to the “Shipping & Delivery” page for delivery options, rates and delivery times.
8.3   If a product is out of stock, our customer service representative will promptly contact you to propose a suitable substitution or alternatively, to arrange for a refund. 
8.4   If you prefer a later delivery date, please inform our customer service team within 24 hours from the order confirmation and before the order is scheduled for delivery. Once the order has been dispatched, no changes to the delivery date will be allowed. You may select a delivery date for your order to be on any Business Day within 1 month from the date of order confirmation, subject to availability and our operational constraints. If delivery is delayed beyond the 1 month period, including for reasons due to your request or failure to accept delivery, a storage fee will apply. If we are unable to contact you or deliver the order after 1 month from the date of order confirmation and your order is deemed unsuitable for sale or consumption, we reserve the right to dispose of your order without further notice to you. In such cases, no refunds or compensation will be provided to you.
8.5   While we endeavour to accommodate preferred delivery timeframes, we cannot guarantee specific delivery timings. Delivery time estimates are indicative and subject to change without prior notice.
8.6   In the case of inclement weather or unforeseen delivery complications, it may be necessary to adjust our delivery schedule, which may cause us to suspend any agreed delivery times. If there will be a significant delay, a customer service representative may call or e-mail you to inform you of the status of your delivery. We will deliver your order as soon as conditions permit. 
8.7   To ensure proper and timely delivery, you must provide an address of a residential home, apartment or corporate office and you must be present to receive your order from our delivery service partner. By providing the delivery address, you confirm that the person receiving the order at that address is authorized to accept delivery on your behalf. We are not responsible for any delays, losses, or damages resulting from incorrect or incomplete address details, the absence of a recipient, or delivery to an unauthorized person.
8.8   A signature from either you or the person over 21 years old is required upon such delivery to your delivery address. If no one is available to receive the parcel, the delivery company will contact you to arrange a second delivery based on their route. Your order will be kept for a maximum of 2 days before being returned to our office. In such cases, we will schedule a second delivery with additional charges for the redelivery and/or storage fees. 
8.9   If your designated delivery location is inaccessible or unsafe, we will contact you to determine an alternate delivery arrangement.
8.10   You are under no obligation to tip the delivery team but have the option of doing so if exceptional service is provided by the delivery person.

9. RETURNS & REFUNDS

9.1   Return and/or refund requests will only be considered under the following circumstances:
(a) The order has been cancelled in accordance with the terms set out in this T&C.
(b) The products were damaged during transit before delivery to your designated address.
(c) The products delivered are incorrect and do not match your original order.
(d) The products delivered are spoiled, contaminated, or otherwise unfit for consumption.
*For returns of damaged or defective products, please refer to our Return Policy page.
9.2   We reserve the right to reject any return and/or refund requests if the grounds provided by the customer are deemed unreasonable, unjustified or not in accordance with this T&C. Returns and/or refunds will not be processed under the following circumstances, which are non-exhaustive:
(a) products that have been opened, consumed, or tampered with after delivery;
(b) orders selected for self-pickup that remain uncollected for more than one month from the order confirmation date;
(c) orders selected for delivery that cannot be completed for more than one month due to incomplete address or non-responsiveness from you; or
(d) orders collected via self-pickup, where the items have been inspected and verified to be in good condition at the time of collection.
9.3   For any return and/or refund request, you must email us at info@albertwines2u.com.my or call us at +60362763993 / +60177415658 (Whatsapp/Wechat) during our business hours. We will review the request and will notify you of the outcome within 3 Business Days. If your request is approved, eligible items must be returned to the following address using a safe and trackable shipping/delivery service to ensure that the returned items are delivered to us safely:
3A, Jalan KIP 3, Taman Perindustrian KIP, Kepong,
52200 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur, Malaysia
9.4   For all approved returns:
(a) You are responsible for the delivery of the returned products to us, including any shipping fees incurred.
(b) To prevent damage during transit, you shall pack our products securely, avoiding exposure to heat, sunlight, or other external elements that may compromise the product's condition.
(c) We reserve the right to reject returns and withhold refunds if the returned items are found to be improperly handled, damaged due to inadequate packaging or not in their original condition.
(d) You shall use a trackable delivery service to ensure the items are delivered to us safely, as we will not be liable for any loss or damage during the return transit.
9.5   Approved refunds will be processed based on the amount paid for the returned items, excluding delivery fees, unless the refund request is due to an error on our part (such as incorrect items delivered, damaged items or items unfit for consumption). Refunds for payments made via credit card or other online payment methods may be subject to deductions for non-refundable transaction or administrative fees imposed by third-party payment processors. 
9.6 All refunds will be issued to your payment method used for the purchase, unless otherwise agreed, within 14 days following the approval of the refund request.

10. DISCLAIMER AND LIMITATION OF LIABILITY

10.1   Our Website is provided "as is" and “as available” and no representations or warranties are given with respect to this Website or its contents (including without limitation warranties of merchantability and fitness for a particular purpose). In addition, we do not represent or warrant that the information accessible from or via our Website is accurate, complete or current.
10.2   To the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any contents on it, whether express or implied. Your use of our Website and any of its content or features is at your own risk.
10.3   In no event we shall be responsible for any loss or damage of whatever kind arising out of access to or use of or reliance on any information posted on our Website or any information contained in or accessed through the Website.
10.4   We exclude all liability for any loss or damage and whether in tort (including without limitation negligence), contract or otherwise in connection with:
(a) your use of, inability to use, or the results of use of our Website;
(b) your use of or reliance on any content displayed on our Website;
(c) any websites linked to our Website or the material on such websites; and
(d) any failure or performance error, omission, interruption, defect, delay in operation or transmission, system failure, unavailability or suspension of the Website, virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, software, data or other proprietary material on account of your use of the Website or your downloading of any material from the Website or any websites linked to the Website, including, without limitation, loss of profits, loss of income, loss of anticipated savings, loss of revenues, loss of data, loss of goodwill or loss of contracts or business (in each case whether direct or indirect) or for any indirect, economic, consequential or special loss resulting from whatever cause.
10.5   To the maximum extent permitted by law, our maximum and cumulative total liability in respect of any and all costs, loss, damages, claims, fines, penalties, liabilities and/or expenses however arising under, or in connection with this T&C (whether arising in contract, tort or otherwise) shall not exceed the sum paid by you for our products. 
10.6   Nothing in this T&C shall exclude or limit our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation or for any other liability to the extent that such liability cannot be limited and/or excluded by applicable law. 

11. INDEMNITY

You shall indemnify, defend and hold us, our affiliates, directors, officers, contractors, agents and employees harmless from and against all taxes, losses, damages, liabilities, costs and expenses (including legal costs incurred in defending any claim on solicitor basis) for which us, our affiliates, directors, contractors, agents and employees may become liable or suffered (either directly or indirectly) in respect of or arising from your use of this Website or your breach, non-observance or non-performance of the T&C. 

12. PRODUCT DESCRIPTION AND INFORMATION

12.1   The materials on our Website is provided solely for lawful business purposes related to our business operations. We control and operate this Website from our headquarters in Kuala Lumpur, Malaysia, and make no representation that its content is appropriate or available for use in other locations. If you access this Website from outside Malaysia, you are responsible for ensuring compliance with all applicable local laws and regulations. 
12.2   Whilst we endeavour to display the most accurate and up-to-date product images, including wine labels and packaging, due to manufacturer updates or stock variations, the images shown on our Website shall be treated as reference only and are not contractual representations of the actual product received. If you require confirmation of the exact label or packaging before purchase, please contact us for verification.
12.3   The vintage (year of production) displayed on our Website, including product images, is for reference only and does not guarantee that the wine received will be of the same vintage. While we strive to display accurate product information, vintages may change due to stock availability, supplier stock rotation, global market availability or production batches without prior notice. If a specific vintage is important for your purchase, please contact us to confirm availability before placing your order. Otherwise, we reserve the right to fulfil the order with the closest available vintage.
12.4   The standard bottle size for wines is 750ml and for spirits is 700ml, unless otherwise specified in the product description.
12.5   Alcohol percentages may vary slightly between different production batches. While we aim to keep alcohol level information accurate and updated, occasional discrepancies may occur due to manufacturer updates or incorrect listings. If precise alcohol content is important to your purchase, please contact us for verification before placing your order.

13. ACCOUNT TERMINATION

13.1   We may, at our sole discretion and without liability, suspend or terminate your Account and access to our Website or services, with or without notice, if we reasonably determine that you have:
(a) violated this T&C or any of our policies;
(b) engaged in misuse, unauthorized resale or improper distribution of alcoholic products or services;
(c) created multiple user Accounts to circumvent purchase limits, age verification requirements or for other fraudulent purposes;
(d) abused promotional Vouchers, promotions or discounts;
(e) repeatedly cancelled orders excessively after delivery; or
(f) engaged in any conduct harmful to other users, third parties, or our business operations.
13.2   We may also cancel transactions associated with your Account, withhold any sale proceeds or refunds or take any other necessary actions to protect our interests. This paragraph does not exclude other remedies available to us under applicable local laws and regulations.
13.3   You may terminate your Account with us by giving 7 days written notice in the manner set forth under paragraph 14 below, provided that there are no outstanding obligations, payments or disputes associated with your Account.
13.4   Upon termination of your Account:
(a) All rights granted to you under this T&C shall cease;
(b) You remain responsible for any fees, charges, payments incurred before termination of your Account, including any outstanding amounts due.
(c) We reserve the right to take necessary actions to recover any amounts owed to us prior to the closure of your Account.
(d) Any promotional Vouchers, discounts or loyalty points accumulated or unused at the time of termination will automatically be forfeited or cancelled without compensation or reimbursement.
(e) Termination of your Account does not absolve you of liability for any misuse, breaches or misconduct discovered after termination and we reserve the right to pursue any remedies available in respect of such misconduct.
(f) We may retain your personal data as required to comply with applicable legal, regulatory or accounting obligations, as outlined in our Privacy Policy.
(g) Any pending orders that have not been processed or delivered prior to the termination of your Account will be automatically cancelled and any eligible refunds will be processed in accordance paragraph 9 above.
(h) Any recurring subscription services linked to your Account will be automatically terminated and no further charges will be incurred. However, you shall remain responsible for any subscription fees due up to the termination date.
(i) Access to any digital content, newsletters, or member-exclusive offers will be immediately revoked.
(j) Termination of your Account may impact any third-party services linked to your Account and we shall not be responsible for any consequences arising from such termination, if any.

14. NOTICES 

14.1   Any notice or other communication between you and us shall be in writing and delivered through one of the following methods:-
(a) by hand delivery or courier;
(b) by post; or
(c) by electronic mail.
14.2   Any notices from us will be sent to the contact details you have provided and recorded in our system. It is your responsibility to ensure that your contact information is accurate and up to date.
14.3   For any notices to us, please address them to:
Albert International Wines & Spirits Sdn Bhd (201401002411(107485-X))
3A, Jalan KIP 3, Taman Perindustrian KIP, Kepong
52200 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur, Malaysia
Tel: +603 62763993 / +601 77415658 (Whatsapp/Wechat)
Fax: +603 62728288
Email: info@albertwines2u.com.my
14.4   A notice is taken as given by the sender and received by the addressee –
(a) if sent by delivery in person or by courier, when delivered to the addressee; 
(b) if sent by post, 3 Business Days after posting; and
(c) if sent by electronic mail, at the time the electronic mail is sent;
provided that if delivery or receipt is on a day which is not a Business Day or is after 5.00 p.m. at the place of delivery or receipt, it shall be deemed to be given at 9.00 am on the next Business Day. For avoidance of doubt, a reference to an addressee includes reference to an addressee’s officers, agents or employees.
14.5   In proving the giving of a notice or any other document under or in respect of this T&C it shall be sufficient to show – 
(a) in the case of delivery in person or by courier, that the notice or other document was duly addressed, marked for the attention of the designated person and delivered;
(b) in the case of post, that the notice or other document was duly addressed, marked for the attention of the designated person and posted; or 
(c) if by electronic mail, on the Business Day of the transmission or the sending of the said electronic mail, or if on the day which is not a Business Day, it shall be deemed received on the following Business Day.

15. THIRD PARTY LINKS ON OUR WEBSITE

Our Website may contain links to third party websites and/or the content of third parties ("Third Party Content"). The Third Party Content has been made available solely for your convenience or information. The Third Party Content should not be interpreted as an endorsement by us and we have no control over such Third Party Content. Accordingly, we make no representation, warranty or guarantee with respect to the Third Party Content whatsoever (including, as to its accuracy, completeness, suitability or reliability). If you access or use the Third Party Content, you do so entirely at your own risk. To the extent permitted by law, we exclude any liability arising from any use or reliance by you on the Third Party Content.

16. SECURITY

16.1   We do not guarantee that our Website will be secure or free from bugs, viruses or other malicious code. You are responsible for configuring your information technology, computer programs and platforms in order to access our Website. You should use your own virus protection software.

16.2   You must not:

(a) misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;

(b) attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website; or

(c) attack our Website via a denial-of-service attack or a distributed denial-of service attack.

16.3   We will report any breach of this paragraph 16 to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

17. INTELLECTUAL PROPERTY

17.1   All content, text, graphics, logos, images, product information, pricing, digital downloads, software and other materials displayed on the Website are owned by us, our subsidiaries, affiliates companies and/or any of our partners and are protected by copyright laws and other intellectual property laws and treaties around the world. All such rights are reserved.
17.2   Our name, logo, product names, and any related brand elements are trademarks or registered trademarks of Albert International Wines & Spirits Sdn Bhd or our affiliates companies. Any unauthorized use, reproduction or modification of these marks is strictly prohibited and may constitute an infringement of our intellectual property rights.
17.3   Third-party trademarks, product names, logos or proprietary content (including wine and spirits brand names) displayed on the Website are the property of their respective owners. Display of such marks does not imply any affiliation, sponsorship or endorsement by us, unless expressly stated.
17.4   The Website may include product descriptions, tasting notes or other proprietary content sourced from third-party brand owners, suppliers or licensors. Such content is used under license or with permission and remains the intellectual property of the respective owners.
17.5  You must not copy, reproduce, distribute, modify, reverse engineer, decompile, create derivative works from, or commercially exploit any content on this Website without our prior written consent, except where permitted by applicable laws or expressly authorized by us.
17.6   Any unauthorized use of our intellectual property or that of our partners may result in suspension of your Account and legal action under applicable laws.
17.7   We reserve the right to enforce our intellectual property rights to the fullest extent permitted by law. Any licenses granted to use the Website or its materials are strictly limited to personal, non-commercial purposes and are subject to compliance with this T&C.

18. PERSONAL DATA PROTECTION

Please see our Privacy Policy, which forms a part of this T&C.

19. FORCE MAJEURE

19.1   We shall not be liable to you in any manner whatsoever or be deemed to be in breach of this T&C by reason of any delay in performing or any failure to perform any of our obligations if such delay or failure was due to any cause beyond our reasonable control, including but not limited to:

(a) natural disasters such as fire, explosion, earthquake, flood, tempest or any act of God;

(b) war, threat of war, terrorism, sabotage, insurrection, civil disturbance or requisition;

(c) epidemics, pandemics (including but not limited to Covid-19), or any similar outbreak of infectious disease;

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

(e) import or export regulations or embargoes;

(f) strikes, lock outs or other industrial actions or trade disputes (whether involving employees of Albert Wines or of a third party);

(g) difficulties in obtaining raw materials, labour, fuel, parts or machinery faced by us or suppliers;

(h) failures, disturbances, or breakdowns in telecommunications, transportation, power supply, or machinery that prevent the use of any of the aforementioned; or

(i) any other cause or causes beyond that our reasonable control, whether similar to any of the foregoing or not.

19.2   If either party is or is likely to be, affected by any such cause he/she/it will immediately notify the other party of the occurrence of the relevant event and will use all reasonable endeavours to overcome or mitigate the effects thereof.

20. ENTIRE AGREEMENT

This T&C sets out the whole agreement between you and us in relation to the use of our Website and purchase of our products. Each party acknowledges that in entering into this T&C, he/she/it does not do so on the basis of or in reliance upon any representations, or promises undertakings, warranties or other statements (whether written or oral) of any nature whatsoever except as may be expressly provided in this T&C.

21. RIGHTS OF THIRD PARTIES 

A person or entity who is not a party to this T&C shall have no right under the Contracts Act 1950 of Malaysia or any similar legislation in any jurisdiction to enforce any term of this T&C. For the avoidance of doubt, this paragraph 21 does not affect the rights of any permitted assignee, transferee or legal representative acting expressly under the authority of the contracting parties.

22. INVALIDITY & SEVERABILITY

If any part of this T&C is or may become under any written law, or is found by any court or administrative body or competent jurisdiction to be, illegal, void, invalid, prohibited or unenforceable then –
(a) such provision shall be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability; and
(b) the remaining provisions of this T&C shall remain in full force and effect. 

23. RIGHTS & REMEDIES

The rights and remedies provided in this T&C are cumulative and are not exclusive of any rights or remedies of the parties provided at law, and no failure or delay in the exercise or the partial exercise of any such right or remedy or the exercise of any other right or remedy shall affect or impair any such right or remedy.

24. LAW AND JURISDICTION

This T&C and any dispute or claim arising out of or in connection with their interpretation, validity, performance, or termination (including any non-contractual obligations) shall be governed by and construed in accordance with the laws of Malaysia. The parties irrevocably agree to submit to the exclusive jurisdiction of the courts of Malaysia. 

25. LANGUAGE

This T&C is drafted in the English language. If this T&C is translated into any other language and in the event of any conflict between the English version of this T&C and other language versions, the English version shall prevail.

26. CHANGES TO OUR T&C

We reserve the right to amend this T&C and our policies at any time by posting the amended terms on our Website. Such amendments shall take effect immediately upon posting, unless expressly stated otherwise. Your continued use of our Website after the effective date of any amendments constitutes your acceptance of the revised terms. You acknowledge that it is your responsibility to review this page periodically to stay informed of the latest terms governing your use of our Website.
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