The website located atwww.ogenki.com.my(“platform”) is a copyrighted work belonging to Desa SouthernFood Products Sdn Bhd. Company markets, sells and delivers packaged foods underO’Genki (“brand”) directly to customers via post. Certain features of theServices may be subject to additional guidelines, terms, conditions or rules,which will be posted on the platform in connection with such features. All suchadditional terms, guidelines, and rules are incorporated by reference into thisAgreement.
These Terms of Use("Agreement") sets forth the legally binding terms for your use ofthe Site and Services. By accessing or using the Site or Services, you areaccepting this Agreement (on behalf of yourself or the entity that yourepresent) and you represent and warrant that you have the right, authority,and capacity to enter into this Agreement (on behalf of yourself or the entitythat you represent).
1. Accounts
1.1 Account Creation. In order to use certain features of thePlatform (e.g., to use the Services), you must register for an account withO’Genki and provide certain information about yourself as prompted by theplatform registration form. You represent and warrant that: (a) all requiredregistration information you submit is complete, truthful and accurate; (b) youwill maintain the accuracy of such information as such may change from time totime.
1.2 Account Responsibilities. You are responsible formaintaining the confidentiality of your Account login information and are fullyresponsible for all activities that occur under your Account. You agree toimmediately notify us of any unauthorized use, or suspected unauthorized use ofyour Account or any other breach of security. Our company will not be liablefor any unauthorized use of your O’Genki Account or loss or damage arising fromyour failure to comply with the above requirements.
1.3 Promotional emails. As a member, you agree to receivenewsletters and promotional emails.
2. Payment Terms
2.1 Ordering Services. You may order any of the Servicesoffered by following the directions on the Platform.
2.2 Payment Terms. If you order Services, you agree to paythe then-current applicable Service fee or price per product and any applicableshipping charges.
2.3 Risk of Loss. All items purchased from O’Genki are madepursuant to a shipment contract. This means that the risk of loss and title forsuch items pass to you upon our delivery to the carrier.
3. Purchase Policy
3.1 After good are successfullypurchased, we will send order notification to you by email, please note whetheryour email is notified.
3.2 The content of the order must becomplete. If the information are provided wrongly cause the goods are deliveredbut not signed, the responsibility for the cost of the repeated delivery willbe borne by the customer.
3.3 If the order is failed, it will benotified by email. If the correction is not made according to the instructions,it will be considered as abandoning the order.
3.4 The company does not accept thecancellation of orders and refunds after ordering for any reason.
3.5 If the goods are sold out, we willnotify by using email, the refund will be made to you.
4. Return Policy
4.1 For food safety reasons, we areunable to receive the return/refund of food items. If you don't enjoy oursnack, you may contact us to give your valuable opinion and suggestion
4.2 All products sold are NOT RETURN ANDREFUNDABLE except for wrong products shipping. You have five (5) days to returnan item from the date you received it.
4.3 When the product receive isn’t samewith what you ordered, you could: Return back - Please send your parcel via adelivery method which allows tracking. We will bear the postage/ courier feesfor return item. Once received the returned items, we will send out the exactproduct to you within two (2) working days.
5.Privacy Policy
5.1 At O’Genki we take your privacyseriously. We are committed to complying with all data protection laws as areapplicable to us.
5.2 In the course of providing you withour Services or access to the Platform, we will be collecting data, includingyour personal data.
5.3 This Privacy Policy exists to keepyou in the know about how use, process and handle the data we collect andreceive during the course of providing the Services or access to the Platformto you, our customer. We will only collect, use and disclose your personal datain accordance with this Privacy Policy.
5.4 By clicking “make payments” youacknowledge that you have been notified of and understood the terms of thisprivacy policy and that you have agreed to the collection and processing ofyour personal data as described and under the terms herein.
5.5 We may update this Privacy Policyfrom time to time. Any changes we make to this Privacy Policy in the futurewill be posted on this page and, where appropriate, notified to you by email,whereupon your continued use of our Services, access to the Platform or use ofthe Services, including placing Orders on the Platform, shall constitute youracknowledgment and acceptance of the changes we make to this Privacy Policy, asnotified to you by email.
5.6 This Privacy Policy applies inconjunction with other notices, contractual clauses and consent clauses thatapply in relation to the collection, use and disclosure of your personal databy us, and is not intended to override them unless we state expresslyotherwise.
5.7 You can visit the Platform andbrowse without having to provide personal details. However, you will berequired to sign up for an account if you wish to use the Services.
5.8 If you have any comments,suggestions or complaints in relation to your personal data, please contact us.
6. O’Genki’s right to disclose personal data
6.1 You acknowledge and agree that O’Genki has theright to disclose your personal data to any legal, regulatory, governmental,tax, law enforcement or other authorities or the relevant right owners, ifO’Genki has reasonable grounds to believe thatdisclosure of your personal data is necessary for the purpose of meeting anyobligations, requirements or arrangements, whether voluntary or mandatory, as aresult of cooperating with an order, an investigation and/or a request of anynature by such parties. To the extent permissible by applicable law, you agreenot to take any action and/or waive your rights to take any action againstsignature market for the disclosure of your personal data in thesecircumstances.