Last Updated: [13-01-2026]
These Terms and Conditions (“Terms”) govern your access to and use of the wholesale and retail online platform, website, mobile application, and related services (collectively, the “Platform”) operated by [Sama Hari Sdn. Bhd.] ([202201022320 ]) (“Company”, “we”, “us”, or “our”).
By accessing, registering, or placing orders on the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.
1. Ownership and Platform Status
The Platform is owned and operated by [Sama Hari Sdn. Bhd.], a company incorporated under the laws of Malaysia. The Platform operates as a hybrid marketplace offering:
- Business-to-Business (B2B): Wholesale sales to registered businesses (shops, retailers, wholesalers).
- Business-to-Consumer (B2C): Retail sales to individual customers.
2. Eligibility and Account Registration
2.1 Legal Capacity: You must be at least 18 years of age and possess the legal capacity to enter into a binding contract under the Contracts Act 1950. 2.2 Accuracy: You must provide accurate and complete information. Business users must submit valid SSM registration and, where requested, tax identification details. 2.3 PDPA Compliance: By registering, you consent to the collection and processing of your personal data in accordance with the Personal Data Protection Act 2010 (PDPA) and our Privacy Policy. 2.4 Account Security: You are solely responsible for all activities under your account. We reserve the right to suspend or terminate accounts for suspected fraud or breach of terms.
3. Orders and Acceptance (Invitation to Treat)
3.1 Non-Binding Offer: The display of products on the Platform constitutes an “invitation to treat” and not a legally binding offer. A contract is only formed when we acknowledge and confirm your order. 3.2 Right to Decline: We reserve the right to reject or cancel any order (even after payment) due to pricing errors, stock unavailability, logistics constraints, or suspected fraudulent activity. In such cases, a full refund will be issued. 3.3 Order Minimums: Wholesale accounts may be subject to Minimum Order Values (MOV) or quantity increments to qualify for wholesale pricing.
4. Pricing and Payment
4.1 Currency: All prices are in Ringgit Malaysia (MYR). 4.2 Taxes: Prices are subject to Sales and Service Tax (SST) where applicable. 4.3 e-Invoicing (LHDN): In compliance with the Inland Revenue Board of Malaysia (LHDN), customers requiring a validated e-invoice must provide their Tax Identification Number (TIN) and Registration/NRIC Number. We are not liable for the inability to issue tax invoices if the information provided is inaccurate. 4.4 Changes: We reserve the right to adjust pricing at any time without prior notice due to market fluctuations.
5. Delivery and Cold Chain Liability
5.1 Estimated Times: Delivery windows are estimates and not guaranteed. We are not liable for delays caused by traffic, weather, or third-party logistics. 5.2 Correct Information: The customer is responsible for providing a valid delivery address and being present during the delivery window. 5.3 Failed Delivery: If a delivery fails due to customer unavailability, we reserve the right to charge a re-delivery fee or cancel the order without a refund if the items are perishable. 5.4 Transfer of Risk: Risk of loss, damage, or spoilage passes to the customer immediately upon delivery to the specified address or upon self-collection.
6. Food Safety: Inspection and Acceptance
6.1 Perishables/Frozen/Chilled Goods: Due to the sensitive nature of food products, customers must inspect these items immediately upon receipt. Any discrepancies (damaged packaging, thawing, or spoilage) must be reported to the driver or our customer service within two (2) hours of receipt. 6.2 Dry Goods: Issues with non-perishable items must be reported within twenty-four (24) hours. 6.3 Storage Liability: We are not responsible for any deterioration, spoilage, or food safety issues resulting from the customerโs failure to store the products in appropriate temperature-controlled environments (e.g., leaving frozen goods at room temperature) post-delivery.
7. Exchange, Returns, and Refunds
7.1 Non-Returnable Items: To maintain hygiene and food safety standards, the following are strictly non-returnable and non-refundable:
- Perishable goods (meat, vegetables, dairy, etc.).
- Frozen or chilled products.
- Items with less than seven (7) days of shelf life.
- Items with broken seals or opened packaging. 7.2 Valid Claims: Returns are only accepted for incorrect items or manufacturing defects proven with photographic/video evidence provided within the timeframes stated in Section 6. 7.3 Refund Processing: Approved refunds will be processed via the original payment method within [7โ14] working days.
8. Product Descriptions and Halal Status
8.1 Accuracy: Product images are for illustrative purposes. Actual packaging or appearance may vary. 8.2 Certifications: While we strive to ensure the accuracy of Halal or Organic labels, the Company acts as a distributor. Liability for the validity of such certifications rests with the original manufacturer/producer.
9. Prohibited Use and Intellectual Property
9.1 Proprietary Rights: All logos, text, and software on this Platform are the property of the Company and protected under the Copyright Act 1987. 9.2 Restrictions: Users may not scrape data, use the platform for unauthorized resale of services, or attempt to bypass security protocols.
10. Limitation of Liability
10.1 Maximum Liability: To the fullest extent permitted by law, our total liability for any claim shall not exceed the amount paid by the customer for the specific order in question. 10.2 Health Disclaimer: We shall not be liable for any health issues or foodborne illnesses arising from the customerโs improper handling, preparation, or storage of the products. 10.3 Consequential Loss: We are not liable for any indirect, incidental, or business-related losses (e.g., loss of profit for B2B customers).
11. Force Majeure
We are not liable for any failure to perform our obligations due to events beyond our control, including but not limited to natural disasters, pandemics, government-imposed lockdowns (MCO), strikes, or national telecommunication failures.
12. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Malaysia, including the Contracts Act 1950, Sale of Goods Act 1957, Consumer Protection Act 1999, and the Electronic Commerce Act 2006. Any disputes shall be subject to the exclusive jurisdiction of the courts of Malaysia.
13. Amendments
We reserve the right to amend these Terms at any time. The “Last Updated” date will reflect the latest version. Continued use of the Platform after changes are posted constitutes acceptance of the new Terms.
14. Contact Information
For inquiries, e-invoice requests, or disputes, please contact:
- Email: info@samahari.com
- Phone: +60 11-5689 4066
- Address: B-10-G, Jalan Atmosphere 3, The Atmosphere, 43300 Seri Kembangan, Selangor.
