ONLINE PURCHASE POLICY
1. ORDERS AND SPECIFICATIONS
1.1 The acceptance and completion of a purchase order between the Buyer and GWG E-commerce shall only be deemed final upon GWG E-commerce issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, GWG E-commerce reserves the right to refuse or cancel any order at its sole discretion without providing any reason, prior to issuing the confirmation of dispatch. Additionally, GWG E-commerce reserves the right to request the Buyer to provide a purchase order and other verification details, including but not limited to the shipping address and contact information, before confirming dispatch.
1.2 GWG E-commerce shall not be held responsible for any delays or losses occurring after the Goods have left the Seller’s warehouse or stock depot. In such cases, the Buyer must refer to the terms and conditions of the third-party logistics (3PL) service provider. No concluded contract may be modified or canceled by the Buyer without prior written agreement from GWG E-commerce. In the event of any modification or cancellation, the Buyer shall indemnify GWG E-commerce in full against any resulting losses, including but not limited to loss of profit, costs (such as labor and materials), damages, charges, and expenses incurred by GWG E-commerce.
2. PRICE
2.1 The price of the Goods and/or Services shall be as stated on GWG E-commerce’s website at the time the Buyer submits a purchase offer. The stated price excludes delivery charges, as well as any applicable Goods and Services Tax (GST), Value Added Tax (VAT), or any other similar taxes, which shall be borne by the Buyer in addition to the purchase price.
3. TERMS OF PAYMENT
3.1 The Buyer may make payment for the Goods using the various payment methods specified on GWG E-commerce’s website. The terms and conditions governing each payment method, as outlined on GWG E-commerce’s website, shall apply to the contract.
3.2 In addition to any terms and conditions provided on GWG E-commerce’s website, the following terms shall apply specifically to the respective types of payment:
4. CREDIT CARDS
4.1 The credit card payment option is available to all Buyers. GWG E-commerce accepts Visa and MasterCard, including both Credit and Debit cards, and supports 3D Secure (Verified by Visa and MasterCard Secure) for added security. All credit card information is protected through industry-leading encryption standards.
4.2 Please note that additional charges may apply if a non-Malaysian issued card is used, due to foreign exchange fees.
5. DEBIT CARDS
5.1 GWG accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card details are protected through industry-leading encryption standards to ensure the security of your information.
6. ONLINE BANKING
6.1 By selecting this payment method, the Buyer agrees to transfer the total payment for the Goods to GWG E-commerce’s designated account, which includes the purchase amount, applicable taxes, fees, and shipping costs. The transaction must be conducted in Ringgit Malaysia. GWG E-commerce reserves the right, at its sole discretion, to refuse the use of this payment option to any individual or entity, without prior notice and for any reason, at any time.
6.2 Currently, GWG E-commerce accepts online bank transfers from the following banks: AmBank, Bank Islam, CIMB Bank, Hong Leong Bank, Maybank, Public Bank, and RHB.
7. DELIVERY/PERFORMANCES
7.1 Delivery of the Goods will be made to the address specified by the Buyer in the order.
7.2 GWG E-commerce reserves the right to subcontract all or part of its obligations for the sale and/or delivery of the Goods to any third party at its discretion, without prior notice to the Buyer.
7.3 Any delivery dates provided are approximate. Delivery timeframes are not considered essential to the contract, and GWG E-commerce shall not be held liable for any delays in delivery or performance, regardless of the cause.
7.4 In the event that GWG E-commerce fails to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer is entitled to serve written notice on GWG E-commerce, demanding performance within a specified period, which must be no less than 14 days. If GWG E-commerce fails to perform within this period, the Buyer may terminate the Contract concerning the undelivered Goods and claim compensation for any actual loss or expenses incurred as a result of GWG E-commerce’s non-performance, provided such losses were foreseeable at the time of the Contract’s conclusion and resulted from the usual course of events, subject to the limitations set out by GWG E-commerce.
7.5 If the Buyer fails to take delivery of the Goods (other than due to reasons beyond the Buyer’s reasonable control or due to GWG E-commerce’s fault), GWG E-commerce may, without prejudice to any other rights or remedies, take the following actions:
7.5.1 Sell the Goods at the best price readily obtainable and, after deducting reasonable storage and selling expenses, account to the Buyer for any excess over the contract price, provided the full payment has been received. Alternatively, GWG E-commerce may charge the Buyer for any shortfall below the contract price.
7.5.2 GWG E-commerce requires a minimum of 3–7 working days to deliver the order. GWG E-commerce will not be held responsible for failure or delay in delivery if the Buyer provides an incorrect shipping address. Delivery dates are approximate, and GWG E-commerce shall not be liable for delays or failures in delivery caused by any factor.
7.5.3 The price of the Goods displayed on the website excludes additional delivery charges and taxes imposed by relevant authorities, which shall be borne separately by the Buyer.
7.5.4 The Goods shall be deemed to have been duly delivered if the Buyer does not report any losses or damages within twenty-four (24) hours from the date of receipt.
8. RISK AND P[ROPERTY OF THE GOODS
8.1 The risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery, or if the Buyer wrongfully fails to take delivery, at the time when GWG E-commerce has tendered delivery of the Goods.
8.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these terms, ownership of the Goods shall not pass to the Buyer until GWG E-commerce has received full payment in cash or cleared funds for the Goods and all other goods agreed to be sold by GWG E-commerce to the Buyer for which payment is due.
8.3 Until ownership of the Goods passes to the Buyer, the Buyer shall hold the Goods as GWG E-commerce’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer.
8.4 The Buyer agrees to immediately notify GWG E-commerce of any matter affecting GWG E-commerce’s title to the Goods, and shall provide GWG E-commerce with any information regarding the Goods that may be required by GWG E-commerce from time to time.
8.5 Until ownership of the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), GWG E-commerce shall have the right at any time to demand that the Buyer deliver the Goods to GWG E-commerce. In the event of non-compliance, GWG E-commerce reserves the right to take legal action against the Buyer for the delivery of the Goods and seeks damages and all other associated costs, including but not limited to legal fees.
8.6 The Buyer shall not pledge or otherwise charge any of the Goods, which remain the property of GWG E-commerce, as security for any indebtedness. If the Buyer does so, all amounts owing by the Buyer to GWG E-commerce shall (without prejudice to any other rights or remedies of GWG E-commerce) immediately become due and payable.
8.7 If the provisions of this Clause 8 are not effective according to the laws of the country in which the Goods are located, the legal concept closest to retention of title in that country shall apply, mutatis mutandis, to give effect to the underlying intent expressed in this condition. The Buyer shall take all necessary steps to give effect to the same.
8.8 The Buyer shall indemnify GWG E-commerce against all losses, damages, costs, expenses, and legal fees incurred by GWG E-commerce in connection with the assertion and enforcement of GWG E-commerce’s rights under this condition
9. CANCELLATION
9.1 Kindly ensure that your order is placed correctly and thoroughly reviewed before proceeding with the payment. Once the order is submitted, cancellations will not be entertained.
10. MISCELLANEOUS
Special Conditions for Professional and Commercial seed.
10.1 Use of Seeds:
The seeds sold for professional and commercial purposes are intended solely for horticultural and/or agricultural crop cultivation. It is expressly prohibited to use these seeds for multiplication or reproduction purposes. The seller accepts no responsibility for any seeds that are reproduced.
10.2 Advanced Orders:
Advanced orders for seeds, where the seed crops have not yet been received by the seller, are subject to the condition of an average yield of standard germinating seeds and quality standards. Should the yield fall below average, the seller reserves the right to deliver a pro-rata quantity or, in the case of total crop failure, be relieved of the obligation to deliver.
10.3 Latent Defects:
Plant diseases may be transmitted by wind, insects, animals, or humans and may be seed-borne or soil-borne. It is not a condition of sale, nor do we warrant that any seed sold by the seller will be free from such deficiencies. The seller shall not be held responsible for any resulting issues with the crop.
10.4 Other Conditions:
Conditions not expressly stated in these terms and conditions of sale shall be governed by the International Seed Federation (ISF) Rules and Usages for the Trade in Seeds for Sowing Purposes.
11. REFUND POLICY
11.1 We conduct a thorough manual inspection before dispatching your order. However, if you receive a damaged product, please take a clear photograph of the damaged item and send it to our customer service team at eshop@gwgenetics.com or contact us at +603-6275 9903 within 24 hours of receiving your order. Upon verification, we will arrange for a replacement or a refund. In the event that the product is out of stock, a refund will be processed within seven (7) working days from the date we receive your report and/or the returned product, as applicable. Any refunds processed shall be made via the original payment method
11.2 Please note that the original receipt of your order is required for any refund or product replacement due to reported loss or damage. Reports submitted without the original receipt will not be entertained.