Nihon Shoku treats customer privacy as important and respects and guards customers' rights. We only collect information from you to ensure your orders are placed successfully on this website. Appropriate measures are in place to keep your personal information confidential and we do not share or pass on information except where it may be necessary to do so to ensure your order can be fulfilled. We guarantee that our customer database will not be sold or marketed for any reason whatsoever to third parties.
Nihon Shoku website may contain links to websites operated by third parties and these websites should contain their own privacy policies. Thus, Nihon Shoku makes no guarantees in respect to how your information may be used in these third parties websites.
Nihon Shoku is the owner of information that is submitted and by submitting any of your information you are consenting to the storage and where application retrieval of your information so submitted for the purposes set out herein.
This page (together with the documents referred on it) explains the terms and conditions on which we supply any of the goods or products (Products) on our online store to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products. You should understand that by ordering any of our Products, you agree to be bounded by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Information about us
We, Nihon Shoku, an importer of Japanese Wagyu and Seafood company registered in Malaysia and having our registered office at L3-36, Level 3, MyTOWN Shopping Centre, Jalan Cochrane, 55100 Kuala Lumpur. We operate the website: https://www.facebook.com/NihonShokuKL
How the contract is formed between you and us
2.1 After placing an order, you will receive online notification from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us finally. The contract between us (Contract) will only be formed when you receive the Products (as applicable).
2.2 In the case of Products, the Contract will relate only to those Products which you received. A contract for any other Products which may have been part of your order will be formed when you receive those other Products.
3.1 By placing an order through our site, you warrant that:
3.1.1 You are legally capable of entering into binding contracts;
3.1.2 You are at least 16 years old; and
3.1.3 That you are not resident in a county where making a payment to our site, in line with these terms and conditions would breach any laws in that county.
Delivery of Products
In the case of Products, your order will be fulfilled /made ready for receipt (as applicable) within a reasonable time of the date indicated at the time of ordering, unless there are exceptional circumstances.
We warrant to you that any Product purchased from us through our site will, on delivery, conform to its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. All other warranties, conditions or terms relating to fitness for purpose, merchantability, satisfactory quality or condition whether implied by stature or common law are excluded in so far as permitted by law.
6.1 In the case of Products, your cancellation rights vary depending on the Products that we are providing you with. A cancellation fee and delivery fee may be applicable. Please refer to the particular terms and conditions that relate to the Products that you are receiving.
6.2 In the case of Products, to cancel a Contract, you must inform us through a written platform. If the Products have been delivered to you, you must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession.
Transfer of rights and obligations
7.1 We may transfer our rights and obligations under these terms and conditions to another organization, but that will not affect your rights or our obligations under your Contract with us.
7.2 You may only transfer your rights and obligations under your Contract with us if we agree to this in writing.
8.1 The price of the Products, our delivery charges will be as quoted on our site from time to time, subject to changes.
8.2 Product prices include SST, where applicable. However, if the rate of SST changes between the date of your order and the date of delivery, we will adjust the SST you pay, unless you have already paid for the Products in full before the change in SST takes effect.
8.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders for Products which you then take steps to fulfil/ received within a reasonable time of such order.
9.1 If we are due to provide you with a refund then this will be made to the credit or debit card used to carry out the original transaction.
How we use your information
Our liability to a business
11.1 This paragraph 11 applies when you are making payments in the course of a business. It does not apply where you are a consumer.
11.2 Subject to paragraph 11.4, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products, subject to paragraph 11.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, delict (including negligence), breach of statutory duty or otherwise).
11.3 Subject to paragraph 11.4, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses were in our contemplation as at the date that the contract constituted by these terms and conditions was formed between us of being a foreseeable consequence of our breach:
(a) Loss of income or revenue;
(b) Loss of business;
(c) Loss of profits;
(d) Loss of anticipated savings;
(e) Loss of data; or
(f) Waste of management or office time.
11.4 We do not in any way exclude or limit our liability for:
(a) Death or personal injury caused by our negligence;
(b) Fraud or fraudulent misrepresentation;
(c) Defective products under the Consumer Protection Act 1987; or
(d) Any other matter for which liability cannot be excluded or limited by law.
This paragraph 11 does not apply if you are contracting as a consumer. If you are contracting as a consumer please see paragraph 12.
Our liability to a consumer
12.1 If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions or our negligence. Loss or damage is foreseeable if it was an obvious consequence of our breach or it was otherwise contemplated by you and us at the time we entered into the relevant Contract.
12.2 We only supply the Product for commercial, domestic and private use, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Our right to vary these terms and conditions
13.1 We have the right to revise and amend these terms and conditions from time to time.
13.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
14 Our contract with you if you are a consumer
If you are contracting as a consumer, we intend to rely upon these terms and conditions and any document expressly referred to, in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorized suppliers, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
If you are contracting in the course of business, this paragraph 14 does not apply. If you are contracting in the course of business, please see paragraph 13.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication by us to you will be electronic. We will contact you by email or provide you with information by posting notices on our site. For contractual purposes you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Third party rights
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them.
The failure of either party to exercise or enforce any right conferred on that party by these terms and conditions shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 15 above.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
We reserve the right to defer the date of delivery or to cancel a Contract for all circumstances beyond its reasonable control, including but not limited to any strike, lockdown, disorder, fire, explosion, accident or stoppage of or affecting our business or work and which prevents or hinders the delivery of the Products.
Law and jurisdiction
These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Malaysian law. Any dispute or claim arising out of or in connection with these terms and conditions or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Malaysia.