Terms of Service

Delfino Sdn. Bhd. [Registration No. 202001035967 (1392288-A)] (“Company” or “we” or “us”) welcomes you to our website, https://www.delfino.store (“Website”). The Website provides an e-commerce platform that enables registered members to place, accept, conclude, manage and fulfil orders for the sale and purchase of products and/or services online via the Website.

Your use of the Website is governed by the following terms and conditions (“Terms and Conditions“).

Article 1 – Acceptance of Terms

1.1 Scope of Terms and Conditions

1.1.1 The terms and conditions set out below (“Terms and Conditions”) are applicable to any and all access and use of the Website. You may view the Terms and Conditions via the link set out on the main page of the Website.

1.1.2 These Terms and Conditions are to be read together with the following documents:

(a) Seller Agreement (in respect of a Seller);
(b) Cancellation, Exchange, Returns and Refunds Policy; and
(c) Privacy Policy; and
(d) all other policies as published on the Website from time to time.

1.1.3 The terms of the Policies are part of these Terms and Conditions by reference, and collectively represent a legally binding agreement between the Members and the Company. For the avoidance of doubt, in the event of any inconsistency, the terms and conditions in this Terms and Conditions shall prevail.

1.1.4 For the avoidance of doubt, a general reference to “Terms and Conditions” herein shall where applicable includes the terms and conditions in the Policies.

1.2 Use of Service and the Website

1.2.1 The Company provides e-commerce facilities and Services via the Website enabling the sale and purchase of Products between Members.

1.2.2 By accessing, browsing and/or using the Website, you are deemed to have irrevocably and unconditionally agreed to the Terms and Conditions.

1.2.3 You must not access and/or use our Services or the Website if you do not agree to any of the Terms and Conditions.

1.2.4 You agree to use the Website at your own risk. We do not take any responsibility or agree to indemnify you for losses you suffer arising from such use, and you irrevocably agree to hold us harmless and indemnify us from any losses that you may suffer therefrom.

1.3 Use of Members’ Personal Data

1.3.1 For a complete description of how the Company uses and protects a Member’s personal data, you may refer to the Privacy Policy.

1.3.2 By continuing to access the Website and using the Services, you are deemed to accept the terms of the Privacy Policy. Please do not use our Services or the Website if you object to your personal data being used in the ways described in the Privacy Policy.

1.4. Amendment of Terms and Conditions

1.4.1 The Company shall be entitled at any time and from time to time, to modify, amend or change the Terms and Conditions as appropriate and at our sole and absolute discretion. In such instance, the Company shall notify you of such amendments or changes (including the effective date for the same) via an announcement to be published on the main page of the Website, and you shall be bound by such modified Terms and Conditions. As such, it is your responsibility to regularly visit the Website, view the Terms and Conditions and Policies, and keep yourself updated on any changes made to the Terms and Conditions.

1.4.2 Please cease to use the Website if you are not agreeable to any amendments or modifications of the Terms and Conditions. You agree to use the Website at your own risk, and your use of the Website following any amendment or modification of the Terms and Conditions constitutes your agreement and acceptance to be bound by the same.

1.4.3 We do not take any responsibility or agree to indemnify you for losses you suffer arising from the modified Terms and Conditions or your own failure to keep yourself updated on the modifications to the Terms and Conditions, and you irrevocably agree to hold us harmless or indemnify us from any losses that you may suffer therefrom.Article 2 – Application and Registration as Member 2.1 Registration as Member

2.1.1 In order to access or use certain services on the Website, you are required to register as a member (“Member”). Unless otherwise specified by the Company, registration as a Member is free.

2.1.2 The Company has the right to restrict, suspend or terminate your access to the Website or the Services (or any part of the same) in the Company’s sole and absolute opinion, if you breach any of the Terms and Conditions.

2.2 Suspension and Termination of Membership

2.2.1 Limitation of Access, Suspension or Termination by the Company. Subject to Article 2.3, the Company shall be entitled to restrict your access to the Services and/or temporarily or permanently suspend the Services and/or your account, terminate your account and and/or take any such measures or actions that the Company deems necessary without prior notice to you if:

(a) you commit any prohibited conduct in violation of Article 4.1.;
(b) where you have committed or are suspected to commit any wrongdoing/unlawful act or where you have committed or are suspected of breaching or are anticipated to breach any of these Terms and Conditions; and/or
(c) there are any other reasonable grounds as may be determined by the Company at its sole and absolute discretion.

2.2.2 Termination of membership by member. Subject to Article 2.3, you may terminate your membership at any time by writing to us at delfinofficial113@gmail.com provided that all sale and purchase transactions of any Product that are currently in progress must be either be completed or cancelled.

2.2.3 Consequences of Termination of Membership. Termination of your membership, either in accordance with Article 2.2.1 or Article 2.2.2, will result in you losing:

(a) all Credits (as defined herein) and Points (as defined herein) accumulated;
(b) your shopping history; and
(c) Buyer Grade (as defined herein).
For the avoidance of doubt, the Members agree that any and all consequences arising from such termination shall be borne by you.

2.3 Rights of Company upon Suspension/Termination of Membership

2.3.1 Where your membership is suspended or terminated by the Company for any reason whatsoever or where you voluntarily terminate your membership (as the case may be), we reserve the right to:

(a) cancel and/or reverse any and all Transactions under your account, including cancelling the delivery of any Product purchased and refunding all payments made for the same (where applicable);
(b) cancel, forfeit or deduct Credits, Points and/or Coupons as may be available under your account on the date of termination;
(c) cancel, forfeit or deduct other benefits which may be provided to you as a Member;
(d) disallow or restrict the use of all or part of the Services and/or the Website;
(e) deny or decline any new application for membership submitted by you within one (1) month from the date of termination;
(f) disallow the use of your previous Member ID for any new Member account applied for by you, at our sole and absolute discretion; and/or

2.3.2 The Company shall provide you prior notice of the steps to be taken under Article 2.3.1 by telephone or e-mail. If you are not contactable or in the case of emergency circumstances, the steps set out above may be taken without prior notice, and we shall notify you as soon as practicable thereafter.

2.4 Compensation for Losses

Where, in using the Services and/or accessing the Website, any of your actions cause any losses to the Company, you shall be liable for and shall compensate the Company for all costs and expenses incurred or suffered. In the event of any inquiries, complaints or claims raised by third parties due to the said actions by you, you shall be solely responsible and liable to the said third parties to resolve such inquiries, complaints or claims at your own cost and shall indemnify and keep indemnified and hold the Company harmless at all times in respect thereof.Article 3 – Use of Website and Services

3.1 Compliance

3.1.1 As a condition of your use of the Services and/or access to the Website, you agree that:

(a) Compliance with law. You shall comply with all applicable laws and regulations, and shall not conduct or take part in any illegal activities including but not limited to:

(i) committing fraud, for example by making purchases on the Website using another person’s identity, credit card or bank account;
(ii) distributing, sending or facilitating the sending of any unsolicited electronic commercial messages, or engage in any form of spamming activities; or
(iii) using the Services to promote and facilitate pyramid schemes;

(b) Compliance with Terms and Conditions. You shall comply with these Terms and Conditions and our Policies.

(c) Uploading and Use of Contents. You shall not upload, post, reproduce, encourage, promote or facilitate the use of any information, text, images, graphics, video clips, sound, directories, files, databases or listings made available via the Website and the Services (“Contents”):

(i) which are false, inaccurate, misleading, unlawful, defamatory, libellous, discriminatory, obscene, offensive, invasive of privacy, harassing, threatening or abusive; and/or
(ii) which infringe or misappropriate the Intellectual Property Rights of the Company or other third parties.

(d) Resale of Services and Contents. You shall not copy, reproduce, compile, modify, distribute or resell any Services or Contents, or otherwise exploit the same for commercial purposes.

(e) Use of Personal Data. You shall not collect or post personal information about other Members or other third parties, including email addresses, without their consent.

(f) Abusive Behaviour. You shall not use the Services, access the Website or manipulate the Website’s system and/or processes in a manner that is fraudulent or deceptive, dishonest, not authorised and/or not in conformance with the Terms and Conditions, which shall include but is not limited to:

(i) transferring your Member account and Member ID to another party and/or allowing access by a third party to your Member account and Member ID without our express written consent;
(ii) exploiting or attempting to exploit any benefits provided by the Company, (including but not limited to discounts and/or Coupons) by signing up for multiple accounts and/or purchasing a Product with no intention to complete the same;
(iii) manipulating the price of any item or interfering with other Members’ listings; or
(iv) taking any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information from the Website or using it for purposes unrelated to the Website);

(g) Disruption of Website and Services. You shall not engage or attempt to engage in any activities to interrupt, or that are likely to interrupt, the smooth processing of the Services or the Website or the Company’s operations and/or business, including but not limited to:

(i) distributing viruses or any other technologies that may harm the Website, or the interests or property of other Members;
(ii) undertaking any action to undermine the integrity of, or gain access to, the Website system, which includes the computer or communication systems, network, software application, or networks and computing devices used in connection with the Services (“System”);
(iii) monitoring data or traffic on the System or conducting crawling of the System without the Company’s permission;
(iv) engaging in any denial of service (DoS) attacks, distributed denial of service (DDoS) attacks, or any other forms of network attacks; or
(v) engaging in any behaviour that may interfere with the proper functioning of the System; including mail/news-bombing, broadcast attacks, flooding, and any other relevant network interference techniques;

(h) Acting in Good Faith. You shall conduct yourself in accordance with good public order and morals, and shall refrain from:

(i) persistently raising complaints without any reasonable grounds or justification;
(ii) repeatedly cancelling or returning Products that are not particularly defective or unsatisfactory without reasonable grounds or justification; or
(iii) engaging in behaviour which violates public order or is destructive to generally accepted customs or norms.

3.1.2 The Company may, without notice, delete postings or restrict or prohibit you from posting or using specific Services on the Website, terminate your access to the Website and the Services or take any other measures it deems fit on the occurrence of a breach of any of the conditions specified under Article 3.1.1 above.

3.1.3 Please report to the Company should you be asked to enter into any direct dealing Transactions, as described in Article 3.1.1(f)(ii) above. The Company shall not be responsible for any problems or issues suffered by any Member arising in relation to such direct dealing Transaction.

3.2 Liability for Third Party Websites
The Company shall have no liability whatsoever in the event the Company posts any information provided by its partners, or provides reference information or contents provided by a third party at the Website or links on the Website for your convenience, and you visit such third party sites at your own risk.

3.3 Suspension of Services

3.3.1 The Company may restrict or temporarily suspend the provision of all or part of the Services to you in the event such Services are unable to be provided due to:

(a) maintenance work on the Website;
(b) the occurrence of power or communications outage;
(c) technical problems on the part of our third party suppliers or partners;
(d) the occurrence of a natural disaster, act of terrorism or other force major events; and/or
(e) any other reason(s) that the Company may deem necessary for such suspension.
Upon the suspension of the Services, the Company shall post a notification on the Website on the suspension of the Services as soon as reasonably practicable.

3.3.2 The Company shall not be liable for any damages or losses that you or any third party may suffer or sustain as a result of any restriction or temporary suspension of any Services in accordance with the terms of these Terms and Conditions.

Article 4 – Delivery of Products
4.1 Proper Delivery Address
4.1.1 Delivery of the Products shall be made to the address specified by you in your Order.
4.1.2 You agree to bear the risk for any Products wrongly delivered due to incorrect details provided by you.

Article 5 – Feedback and Review System
5.1 Submission of Feedback
5.1.1 Upon purchasing a Product, you may submit your review of such Product via the feedback and review mechanism provided on the Website, which can be in the form of writing, image and/or video clip.
5.1.2 If you submit or post a review of a Product, such review shall be made publicly available. You shall be solely responsible for your review and the Company is not responsible to ascertain whether any opinion expressed is true. As such, you should ensure that any review posted is fair and not unlawful.

5.2 Right to Remove Feedback
Notwithstanding the aforementioned, if the Company is of the view that your published review of the Product is not appropriate for public disclosure or is defamatory or likely to violate the law or breach these Terms and Conditions, the Company shall be entitled to delete such review at its sole and absolute discretion and without notifying you.