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Terms & Conditions

1. GENERAL INFORMATION

Welcome to GAMA!

These terms and conditions outline the rules and regulations for the use of GAMA Supermarket and Departmental Store’s Website, located at gama.com.my.

By accessing this website we assume you accept these terms and conditions. Do not continue to use GAMA if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

Cookies

We employ the use of cookies. By accessing GAMA, you agreed to use cookies in agreement with the GAMA Supermarket and Departmental Store’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, GAMA Supermarket and Departmental Store and/or its licensors own the intellectual property rights for all material on GAMA. All intellectual property rights are reserved. You may access this from GAMA for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from GAMA
• Sell, rent or sub-license material from GAMA
• Reproduce, duplicate or copy material from GAMA
• Redistribute content from GAMA

This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Terms And Conditions Generator and the Privacy Policy Generator.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. GAMA Supermarket and Departmental Store does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of GAMA Supermarket and Departmental Store, it’s agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, GAMA Supermarket and Departmental Store shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

GAMA Supermarket and Departmental Store reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant GAMA Supermarket and Departmental Store a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of GAMA Supermarket and Departmental Store; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an email to GAMA Supermarket and Departmental Store. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of GAMA Supermarket and Departmental Store’s logo or other artwork will be allowed for linking absent a trademark license agreement.

i Frames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

 

2. MEMBER’S REGISTRATION

Registration

To register with the Gama Supermarket & Departmental Store Website for online shopping, you must be over eighteen (18) years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details

Availability of the Gama Website

Although Gama Supermarket & Departmental Store Website aims to provide you the best service possible, Gama Supermarket & Departmental Store Website makes no promise that the services at the Website will meet your requirements. Gama Supermarket & Departmental Store Website cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it by email at ecomm@gama.com and we will attempt to correct the fault as soon as we can.

Your access to the Gama Supermarket & Departmental Store Website may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. Gama Supermarket & Departmental Store Website will attempt to restore the service as soon as it reasonably can.

Gama Website’s right to suspend or cancel your registration

Gama Supermarket & Departmental Store Website may suspend or cancel your registration immediately at our sole discretion without assigning any reason whatsoever.

You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Gama Supermarket & Departmental Store Website.

The suspension or cancellation of your registration and your right to use the Gama Supermarket & Departmental Store Website shall not affect either party’s rights or liabilities.

 

3. PRODUCT TERMS AND CONDITIONS

General

This Gama online shopping website is owned and operated by Gama Supermarket & Departmental Store Sdn Bhd (“Gama”). Please read these Product Terms & Conditions carefully as they affect your rights and liabilities under the law and set out the terms under which Gama makes the products available to you (“Product Terms”)

Prices

The prices the customers pay will be the price charged at the time online purchase is being done.

Availability

The availability of the goods presented on the Gama online shopping website depends on stock in store and Gama does not guarantee the availability of goods. In order to ensure that goods are available to all customers, Gama has the right to set maximum limits per customer per transaction.

If the goods purchased by customers are unavailable due to factors beyond Gama’s control, a substitute item which is closest in terms of price and type will be offered. Customer has the rights to refuse to accept the substituted goods. The amount for the goods that are not accepted will be refunded to customers.

Promotions and Voucher Code

Your use of a voucher code indicates your agreement to be bound by these voucher code Terms and conditions.

Gama reserves the right to withdraw or cancel a voucher code for any reason at any time.

Gama shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any voucher code or any failure or inability of a customer or household to use a voucher code for any reason.

Acceptance

The Gama Online Shopping service is available for non-commercial and domestic use only. Gama reserves the right to refuse orders from businesses or that we consider are for commercial or other non-domestic concerns.

To ensure availability of all our products customers may be limited to a maximum number of items.

Delivery

Gama only provide delivery within Penang island and it is only applicable for non-perishable goods. There will be no delivery on Sundays and public holidays.

Delivery will be made to the address specified by customers on the completed order form.

Gama will deliver customer’s order to the main entrance of the delivery address. As we care for our staff’s health and safety, we do not ask our drivers to carry groceries and walk up more than 3 floors. Gama always reserves the right to deliver only to main entrance of the delivery address.

Delivery times will be arranged by Gama which normally will take 2 days after customers placing their orders.

All goods must be received by an adult aged 18 years or over. Our driver is entitled to ask for identity card of the receiver should our driver has doubt over his/her age.

A handling charges of RM10 will be charged if the purchase is less than RM200.

Payment

Payment for all orders shall be made in Malaysian Ringgit. We accept payment for orders by E-Banking, MasterCard, Visa and FPX only. Gama is unable to accept paper cheques, food stamps, or third-party coupons.

By placing your order, you authorise us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.

Returns, Exchange & Refunds

Gama accept exchange of goods for the following reasons:

1. Faulty or damaged goods. Customer has the right to return and exchange the goods with a new one if the goods are in faulty or damaged upon receiving. The exchanged goods will be delivered to customer at Gama’s cost.
2. Wrong delivery. Customer has the right to return and get refund from Gama if wrong goods are delivered. The goods returned must be in good and resalable condition. Please take note that, in the event of refund, all Gama points received for the purchase of the refunded good will be removed from customer Gama card account.
3. Goods must be returned within 7 days from date of received and must be in resalable condition with original packing.
4. Refund will only be made if the faulty or damaged goods are out of stock at physical store at the time of exchange.

Please refer to our Return Policy for more details.Cancellation

Please note that orders CANNOT be cancelled once payment is being made.

4.ONLINE SHOPPING AT G MALL

1. There will be NO Gama points rewarded for online purchases made at G MALL.
2. The purchases made at G MALL will not be entitled for any Gama online promotion.
3. The purchases made at G MALL will follow the Return Policy of the respective Shops. otherwise, Gama Return Policy will be followed.

5. Shipping Charges

A handling charges of RM10 will be charged if the purchase is less than RM250. For Balik Pulau area, RM15 will be charged.