Exchange/Refund and Shipping Policy

Terms and Conditions

1. Introduction

   This website is owned and operated by Newleaf Manufacturing Sdn Bhd. By accessing this website, you acknowledge that you accept these Terms and Conditions. In the event that you do not understand or agree with any of the terms set out herein, you should discontinue your use and/or access of this website.

   We reserve the right to amend, modify, add, delete and make corrections to these Terms and Conditions at any time, which are effective upon posting. It is your responsibility to review these Terms and Conditions periodically to be aware of such modifications without prior notice. Your continued use of this website after any such changes are released shall be deemed as your acceptance and agreement of such changes.

   The English language version of these terms and conditions shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.

2. Registration and Account Security
   1. In these Terms and Conditions: “Newleaf” / “we” means Newleaf Manufacturing Sdn Bhd;
      “Customer” / “you” means the individual, firm, company, corporation, firm, body or partnership that places an Order of a Product or Products on the Site;
      “Confirmation of Order” means Newleaf email confirmation to you, in which Newleaf accepts your Order;
      “Order” means the purchase of the Product(s) from Newleaf at the quantity requested by you through the Site;
      “Site” means the Newleaf’s e-shop currently accessible via https://hk.newleafdurian.com;
      “Product” means the item offered for sale on the Site;
      “Service” means the services provided on the Site, which may include but is not limited to live chat and vouchers;
      “Financial Institution” means in respect of any Payment Card, the relevant company or companies controlling or administering payments for such Payment Card;
      “Payment Card” means such form of charge card(s), credit card(s) or debit card(s) as may be stipulated on the Site as being acceptable for payment for Products;
   2. references to “clauses” are to clauses of these Terms and Conditions;
   3. the headings are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions;
   4. words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender.
   5. references to “includes” or “including” or like words or expressions shall mean without limitation;
3. Account Registration
   1. To register an account in Newleaf e-shop, you are offering to purchase a Product subject to these Terms and Conditions.
   2. To register an account in Newleaf e-shop, you must be over eighteen (18) years of age.
   3. By registering an account, you represent and warrant that:
      (a) all registration information (including, but not limited to your payment information) that you submit is right, truthful, accurate and up to date; and
      (b) you will maintain the accuracy of such information;
   4. By registering an account, you agree:
      (a) not to register or use another Customer’s registration without authorization;
      (b) to assume that any person using the Site with your username and password is either you or is authorised by you;
      (c) to notify Newleaf immediately if you suspect any unauthorized use of registration on the Site or any changes of information of your account;
      (d) you are solely responsible for maintaining the confidentiality of your account details, and for any and all use of your account (including, without limitation, any fees that accrue for any use of the Services);
      (e) you are solely responsible to safeguard the username and password of your account;
      (f) Newleaf has the absolute discretion to refuse a potential customer’s registration and to terminate any customer’s registration for any reason whatsoever; and
      (g) you are liable for every order made under your account and agree to indemnify Newleaf for all claims, damages, whatsoever made by third parties arising from the actions of a person placing order(s) through the Site using your account.
4. Price and Product
   1. We shall, to our best capabilities, ensure that all Product information which appears on the Site is accurate and up to date, which shall include but is not limited to prices and availability of the Product. We shall not be liable for any errors to the information on the Site.
   2. The price charged shall be applicable to the date of placing the Order, which may or may not be correctly reflected at the Site.
   3. Prices are subject to change without prior notice and all orders are subject to Newleaf’s acceptance at its sole discretion and stock availability.
   4. All images of the Products displayed on the Site are for illustration purposes only. The actual size, dimension and colour of the Products may differ. We are not responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred by you or any third-party as a result of any or part of a Product, or in connection therewith.
5. Online Order
   1. By placing an Order for the Product(s) on the Site, you agree:
      (a) to complete the order form on the Site and submit the accurate and up to date information to us which shall include but is not limited to information required for delivery of Product(s) such as recipient’s full name, delivery address and telephone number; and
      (b) to pay the charges shown in the ‘Final Total’ (including any applicable taxes, fees, and shipping cost).
   2. All Orders are subject to acceptance by us, and we will confirm our acceptance by sending an email to you as a Confirmation of Order.
   3. We will not be obliged to supply any Product(s) if the price listed on the Site is incorrect even after you received a Confirmation of Order in relation to those Products.
   4. We reserve the right to refuse the processing of your Order for any reason, including Product unavailability or uncovered area of delivery. If we have cancelled your Order, then we will refund any payment received by us for the order of the Product, unless otherwise stated in these Terms and Conditions.
   5. We reserve the right to refuse to fulfill any Orders that you may have placed based on information on the Site that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
   6. All orders are subject to confirmation of final availability of the Product(s) and we reserve the right to reject the order in the event that any of the Product in your order is unavailable. In the event, we will contact you as soon as possible by phone or email. If we are unable to contact you or there is no reply from you within 3 working days, we shall treat the Order as cancelled.
6. Payment Terms
   1. You shall pay for the Product(s) in full at the time of ordering via the payment method acceptable by us, which shall include:
      (a) Debit card and credit card;
      (b) Online Bank Transfer (FPX); and
      (c) eWallets which are acceptable by us
   2. All transactions must be conducted in Hong Kong dollar (HK) only.
   3. We shall, to our best capabilities, secure online transactions on the Site by employing Internet’s Secure Sockets Layer (SSL) to encrypt your personal information including credit card number, name and address not to be read as the information travels over the Internet.
   4. All Payment Cards are subject to the approval of the respective Financial Institution. We shall not be liable in any way if the Financial Institution refuses to process or accept any Payment Card for any reason. You are advised to contact the respective Financial Institution to resolve any problem concerning the use of your Payment Cards in order to continue with the Order.
   5. Newleaf reserves the right to change the payment terms of any order without prior notice.
   6. If payment for any Order has already been made but the Order is not accepted by us, you will be entitled to a refund, depending on the period of time the respective Financial Institution needs to arrange the refund. We shall not be liable with respect to any loss, damage, cost or expense that you or any person may incur as a result of any delay in the respective Financial Institution processing the said refund.
   7. Payment information is usually collected, processed and stored directly by our third-party payment providers pursuant to their terms of use and privacy policies. However, we will only collect your bank account details in the event of processing a refund back to your account.
7. Delivery of Product(s)
   1. Newleaf shall deliver the Product(s) to the delivery address specified by you on the order form. We shall not be liable for your losses or any third party’s sufferings if there is delay or failure to process your Order or deliver your Product(s) due to the inaccurate or incomplete details provided on the order form.
   2. Your Product(s) will be delivered to you via Courier Service(s) or driver(s) appointed by us. We aim to deliver within the timeframe indicated based on different regions (refer to sales representative(s) for further details), but we are not able to guarantee any firm delivery date and time upon order and to the extent permitted by law, we shall not be held responsible if the delivery of your Product(s) is delayed even after the delivery date and time has been quoted.
   3. The Customer has the right to inspect the Product(s) for any obvious faults, defects or damage before the Customer accepts and receives the Product(s). If you are unsatisfied with your Product(s) before or after the acceptance of the Product(s), you may arrange an exchange in accordance to the Exchange Policy outlined in Clause 9 herein.
   4. We shall be responsible for the delivery of any items ordered. In the event where there are situations that incur losses or damages arising out of shipment or delivery of the Product(s) ordered, we shall provide you with an exchange of Product(s).
   5. We shall aim to let you know, using the contact details that you have provided to us, if we are unable to meet our estimated delivery date and delivery location due to but not limited to the unavailability of the Product and/or any occurrence of any Force Majeure events, including any technical or operational issues. In such circumstances, we may also arrange for the cancellation of the Order.
   6. If delivery is delayed through your unreasonable refusal to accept delivery, no cancellation or refund shall be permitted.
   7. In the event where you have received a wrong item, an exchange will be permitted in accordance with the Exchange Policy outlined in Clause 9.
   8. It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
8. Cancellation
   1. We may cancel an Order if the Product is not available for any reason and we shall notify you when the refund process has been initiated. The refund will be credited to the bank account provided by you, subject to the respective Financial Institution to arrange the refund.
   2. We retain the right to withdraw or cease to make available any or all Products from the Site, without liability or prior notice.
   3. The Customer is not allowed to cancel the Order once a Confirmation of Order is issued. Kindly contact Newleaf Facebook page assistance or e-shop live chat for further information or assistance.
9. Exchange Policy
   1. We reserve the right not to accept any requests for an exchange and retain the discretion not to provide a reason for our decision. Exchange of a Product will be subject to Newleaf’s evaluation.
   2. Without prejudice to the foregoing, we reserve the right to decline the exchange requests, for any of the following reasons: –
      (a) Customer’s subjective view or/and taste preference;
      (b) Change of mind after Confirmation of Order(s);
      (c) Expectation on appearance of Product(s);
      (d) Quality deterioration of Product(s) due to Customer’s human error including but not limited to Customer’s negligence, abuse, misuse, accidents or alterations.
      (e) No photography or video recording of the original Product(s) as evidence or/and the Product(s) has been disposed of;
      (f) Not informing Newleaf within an hour after accepting and receiving the Product(s); and
      (g) Customer’s failure to accept the Product(s) upon delivery without contacting Newleaf at the very soonest and arranging with us for an alternate delivery time on the same day after the Product(s) is ready for delivery. The Order may be deemed cancelled and Newleaf reserves the right to forfeit any amounts paid for the Product(s).
10. Privacy Policy
    1. Newleaf is concerned about your right to privacy. Customers’ privacy data is extremely important for Newleaf to ensure the Customers have a pleasant experience buying on the Site as well as feel comfortable and safe while doing so. Although this Privacy Policy is not a contract and does not create any legal rights, it serves as an expression of our commitment to protecting private personal information of our valued customers and all parties who have dealings with Newleaf.
    2. This Privacy Policy describes how Newleaf processes (which means, amongst others, collecting, recording, holding or storing) to better protect your personal data. Newleaf reserves the right to revise and/or amend this Privacy Policy at any time, the updated version of which shall be posted at the Newleaf website or Newleaf e-shop.
    3. To better protect your privacy, we have outlined this notice explaining our online information practices and the way your information is collected and used in any other personally identifiable information which you have provided to us in any forms you may submitted to us, or in the course of any other forms of interaction between you and us.
    4. By reviewing our personal data collection policy, using our services, and providing information to the Site, you will be deemed to have agreed and accepted the updated version of this Privacy Policy.
    5. The Personal Data may include information concerning your name, contact details, nationality, mailing and delivery addresses, email address, payment information (credit card numbers, expiry dates and CVV code), company name (if applicable), and your user shopping behaviors; and any other personally identifiable information.
    6. Personal Data that you provide will be used and otherwise processed by us for the following purposes in various ways, including but not limited to:
       (a) Processing your purchase or a third party’s purchase of Newleaf’s products and/or services (whether online or offline) where you are named as the recipient of the same.
       (b) Practicing user or customer relationship management to monitor and improve user’s experience and personalization as well as to improve the Site or/and the services on the Site;
       (c) To provide you with any particular service or product offered by Newleaf, updates and other information relating to the Site for marketing and promotional purposes;
       (d) For our internal record keeping;
       (e) Collection of payments from you;
       (f) For the issuance of customer vouchers and/or administer any customer benefits; and
       (g) For purposes relating to any of the above.