TERMS & CONDITIONS

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE (“Site”).

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

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Ordering through the Site:
Ordering can be done via our website or our WhatsApp number. Orders received before 4:00pm Malaysia time (GMT+8) on a working day will be processed on the same day, delivered within 2 – 3 working days to Klang Valley/ 3 – 5 working days out of Klang Valley. Orders received after 4:00pm will be processed on the next working day.

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To receive delivery, you must live in a residential apartment, corporate address or home, and you (or your representative of legal age) must be present to receive your order from our delivery service during your selected delivery window. Additionally, after your second order with Pelican Winery (M) Sdn Bhd you may elect an alternate receiver located within your building to accept your delivery. This alternate receiver can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery.

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In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule, which will cause us to suspend chosen delivery times. If there will be a significant delay, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will deliver your order the first possible moment the 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.

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

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Credit Card Payment
Your credit card will be charged for your order on the day your order is taken. We will authorize your credit card for an amount equal to 100% of the total items in your order. Pelican Winery (M) Sdn Bhd will not process orders that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, Pelican Winery (M) Sdn Bhd reserves the right to collect funds for any uncollected transactions owed to it. If you fail to pay any fees or charges when due (which would include if a check is returned or electronic payment is rejected), Pelican Winery (M) Sdn Bhd reserves the right to cancel the order. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Pelican Winery (M) Sdn Bhd may incur in its efforts to collect any unpaid balances from you. Your right to use the Pelican Winery (M) Sdn Bhd Service is subject to limits established by Pelican Winery (M) Sdn Bhd and/or by your credit card issuer.

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Payment Processor
PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE PELICAN WINERY (M) SDN BHD SERVICE, OR THE INTERNET. Pelican Winery (M) Sdn Bhd LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE PELICAN WINERY (M) SDN BHD SERVICE AND TO TERMINATE THIS AGREEMENT. PELICAN WINERY (M) SDN BHD RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE 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.

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The material in the Site is provided for lawful purposes only. Pelican Winery (M) Sdn Bhd controls and operates this Site from its headquarters in Selangor, 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. Price and availability information is subject to change without notice.

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You agree to defend, indemnify, and hold Pelican Winery (M) Sdn Bhd 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.

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

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Notices: Pelican Winery (M) Sdn Bhd may give notice to you of a change in this Agreement, a change in the Pelican Winery (M) Sdn Bhd Fee Schedule, and any other matter through a general posting on the Pelican Winery (M) Sdn Bhd Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to Pelican Winery (M) Sdn Bhd by telephone at 03-3323 0858, by electronic mail admin@pelican-winery.com, or by conventional mail to:

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PELICAN WINERY (M) SDN BHD

ADDRESS: LOT2596A, JALAN GENDANG KS/2, TAMAN PERINDUSTRIAN KLANG JAYA, 41200 KLANG, SELANGOR.

TEL:017-366 6783

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Entire Agreement
This Agreement and the Privacy Policy referred to herein represent your entire agreement with Pelican Winery (M) Sdn Bhd regarding the use of the Pelican Winery (M) Sdn Bhd Service and the Pelican Winery (M) Sdn Bhd 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, Pelican Winery (M) Sdn Bhd, and Pelican Winery (M) Sdn Bhd 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 the Malaysia without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Pelican Winery (M) Sdn Bhd or relating in any way to your use of the Pelican Winery (M) Sdn Bhd Service or the Pelican Winery (M) Sdn Bhd 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 Pelican Winery (M) Sdn Bhd Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or is barred.

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Third-Party Beneficiaries: The provisions of this Agreement are for the benefit of Pelican Winery (M) Sdn Bhd 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 Pelican Winery (M) Sdn Bhd Service.

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Amendment: Pelican Winery (M) Sdn Bhd 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.