Terms and Conditions

Your use of samakampung.com.my (the “Website”) and purchase of goods (“Orders”) is subject to these terms and conditions (these “Terms and Conditions”), the Privacy Policy, and any other policies and terms relevant to this document.

If you do not accept these Terms and Conditions, the Privacy Policy and any other policies and terms relevant to this document, you must refrain from using and making any Orders this Website.

These Terms and Conditions only apply where you make an online Order from our Website.

  1. Definitions
    1. “Company”, “we”, “our” and “us” refers to Sama Kampung Kitchen Ware Sdn. Bhd. (1147140-M).
    2. “Order” refers to any order for purchases made by the User that is yet to be fulfilled or has been fulfilled by the Company.
    3. “Personal Data” refers to the personal information submitted by the User for all account, billing and registration purposes. Includes any other information where and when requested by the Company for the processing of requests and transactions relevant to the use of the Website.
    4. “Terms and Conditions” refers to the terms and conditions of this document.
    5. “Third-party” refers to any agent or contractor of the Company, or any of its related entities and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfillment of Orders made through the Website.
    6. “User”, “you”, “your” and “yourself” refers to the user of this Website.
    7. “Website” refers to samakampung.com.my.
  1. About Sama Kampung
    1. We are a private limited liability company registered in Malaysia and our Company is registered as Sama Kampung Kitchen Ware Sdn. Bhd. (1147140-M) and is located at Saddad Court, Lot 216, Jalan Kulas, 93400 Kuching, Sarawak.
    2. You and the Company may enter into a sale contract for the sale and supply of goods or services described in the Website, by you making an offer to the Company via the Website, to purchase the Orders at the specified price, subject to these Terms and Conditions.
  2. About this Website
    1. Unless otherwise indicated, copyright of the Website and its contents are wholly owned by the Company.
    2. All operations and services available in this Website are fully managed and operated by the Company.
    3. Internet users who access and use this Website shall accept without limitation or qualification, all the Terms and Conditions stated and shall automatically be bound by the said Terms and Conditions upon using the Website.
    4. By using this Website, you represent that you have read and understood the Terms and Conditions stated herein and that you agree to be bound by them.
    5. The user may not copy, distribute, publish or commercially exploit the content of this Website, or use this Website for any other purposes not specified herein.
    6. This Website may only be used for lawful purposes, and in a manner, which does not violate the rights of, or restrict or inhibit the use of this Website by a third party. Such restriction or inhibition shall include but is not limited to, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or of defamatory, racially or ethnically objectionable material of any kind or disruption of normal flow of dialogue within this Website.
    7. The Company reserves the right to revise these Terms and Conditions.
  1. Your obligations as a user
    1. You are required to be at least eighteen (18) years of age in order to use this Website. By using this Website, you hereby confirm that you have met this minimum age requirement.
    2. In consideration of your use of the Website, you agree to provide true, accurate, current and complete information for your Personal Data as prompted by the Website and maintain and promptly update them where and when required.
    3. If you provide any information that is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website or any portion thereof.
    4. Your right to use the Website is non-transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
    5. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to the rightful authorities and where relevant, law and regulatory enforcement bodies.
    6. To the extent that you have provided (or will provide) Personal Data about your family members, spouse and/or other dependents, you confirm that you have explained to them that their Personal Data will be provided to, and processed by, us and you represent and warrant that you have obtained their consent to the processing of their Personal Data in accordance with this Privacy Policy.
  1. Disclaimer
    1. The materials may contain inaccuracies and typographical errors.
    2. All images used in this Website are solely for illustrative purposes only and may vary from the actual items.
    3. All images of goods published in the Website without any advertised price are not offered for sale.
    4. The Company does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion or other information displayed or distributed through the Website. It is current at the time of first publication. You acknowledge that any reliance on any such advice, opinion or information shall be at your sole risk.
    5. The Company reserves the right, in its sole discretion to correct any errors or omissions in any portion of the Website.
    6. The Company may make any changes to Website at any time without notice.
    7. The materials in this Website are provided “As Is” and “As Available” and without warranties of any kind either expressed or implied to the fullest extent permissible pursuant to applicable law.
    8. The Company holds no responsibility or liability for any damages caused by viruses, fault or other conditions contained within any electronic file on and from the use of our Website.
    9. The Company is not liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the Website.
    10. The Company reserves the right, and you authorize us, to the use and assignment of your Personal Data and any other relevant information regarding your use of the Website in any manner consistent with our Privacy Policy.
    11. The Website may feature or display third-party advertising or content. By featuring or displaying such advertising or content, the Company does not in any way represent that the Company recommends or endorses the relevant advertiser, content provider or its products and services.
    12. The Company does not offer third-party franchises at this time. You are to refrain from interacting with any site that claims to be an official website of the Company for interested investors. The Company holds no responsibility or liability for any losses and damages should you make use of these fraudulent sites.
    13. Cookies may be used on this Website to gather data in relation to this Website and you consent to this.
  1. Indemnification
    1. By using this Website you agree to indemnify, defend and hold the Website, the Company and all affiliated partners harmless against any claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages including attorney’s fees arising from any submissions by you or through your account.
  1. Use of links and third-party services
    1. Third-party links to websites on our Website are not included in our Privacy Policy. You will need to check their Privacy Policy regarding data. We do not accept liability or responsibility for third-party links and their Privacy Policies.
    2. The links provided on the Website are for the convenience of site visitors and are provided in good faith. The Company does not accept liability for the contents or links provided on such websites, nor does it accept liability for any indirect or consequential loss arising out of the use or connected with its website.
    3. The Company holds no responsibility for the content, accuracy or opinions expressed in the links provided on the Website. Your action to leave the Website and access any third-party sites from the links provided on the Website is done entirely at your own risk.
    4. Third-party services are responsible for aspects of order processing, fulfillment and billing and we are not a party to the transactions entered between you and these third-party services.
    5. By your use of the Website, you agree that the use of such third-party services is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement under no circumstances will the Company be liable for any damages arising from the transactions between you and the third-party services or for any information appearing on third-party services sites or any other sites linked to the Website.
    6. All rules, policies and operating procedures of third-party services will apply to you while on their sites. The Company holds no responsibility for any information provided by you to the third-party services on their sites.
    7. The Company and the third-party services are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
    8. The Company reserves the right to prevent third parties from linking to this Website.
  1. Modification to the Website
    1. The Company reserves the right, at any time without prior notice to you, to change the format and content of the Website at any time. By using this Website, you agree in advance to accept any such changes.
    2. The Company may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features at any time.
    3. The Company may also impose limits on certain features, purchases and services or restrict your access to parts or all of the Website without notice or liability.
    4. The Company may suspend the operation of this Website for support or maintenance work, in order to update the content or for any other reason.
    5. Should the Company choose to provide you with notice of any amendments, you agree to receive email notification of the said amendments from us or a third-party. You should therefore periodically visit the Website to determine the current Terms and Conditions.
  1. Privacy Policy
    1. Personal details provided to the Company through this Website will only be used in accordance with our Privacy Policy. Please read this carefully before going on.
  2. Guests and registered users
    1. You may access and/or use the Website as a guest or as a registered user.
    2. To become a registered user of the Website, you must provide your Personal Data and nominate a password. If you do not provide true, accurate, current and complete details, we may not be able to activate your user account or supply goods or services to you.
    3. You agree to keep your user account details current at all times by accessing your account via the Website or by contacting us.
    4. You will receive an email from us as soon as practicable after you create your user account.
    5. We only permit one registration per email address.
    6. You must not use another registered user’s account without permission.
    7. You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorized use of your password or account.\
    8. If you forget your password you may click on the relevant link located on the Website and we will email you a new password, or you may contact us.
    9. We reserve the right to terminate a registered user’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these Terms and Conditions.
  1. Legal
    1. You must be eighteen (18) years of age or over to register as a user of the Website or place Orders from the website.
    2. Any Order made by you using this website is an acknowledgement by you that:
      1. You are over the age of eighteen (18) years.
      2. You accept these Terms and Conditions.
      3. You agree that you have entered into a legal contract with the Company in relation to these Terms and Conditions.
      4. These Terms and Conditions, together with your Order, constitute the entire agreement between you and the Company for the supply of goods or services.
      5. The Company reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an Order to be placed, for any loss or damage of any kind the Company may suffer as a result of a transaction entered into by a minor.
  2. Orders
    1. By placing an Order, you are offering to purchase a product on and subject to the following Terms and Conditions. All Orders are subject to availability and confirmation of the Order price.
    2. We recommend you to carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
    3. Once an Order has been accepted by the Company, no cancellation of that Order is valid unless you receive our written communication permitting the cancelled Order.
    4. Representations of goods or services for sale made by the Company via the Website do not constitute an offer to sell but an invitation to treat.
    5. You and the Company may enter into a contract for the sale and supply of goods or services by you making an offer via the Website to purchase goods at the price advertised on the Website by:
      1. Placing an electronic Order for the goods or services using the Website.
      2. You confirm the Order details in accordance with the procedure on the Website.
      3. You making payment in full (plus any applicable delivery and handling charges) on the website.
      4. The acceptance of that from the Company.
    6. When entering into a sale contract via the Website, you will be taken to have communicated your offer to purchase the good(s) or services only when:
      1. Any and all requirements set out in these Terms and Conditions have been met.
      2. The electronic instruction containing the offer from you enters and is recorded in our database.
      3. Record is created and stored in our database.
      4. The Company receives in its account full payment from you for the goods or services (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
    7. You acknowledge that:
      1. The transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by the Company for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications failure, or the omission or failure of third-party website providers or systems.
      2. To the fullest extent permitted by law, the Company is not liable to you in any way for any loss or damage of any kind, however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the Website, or any failure to receive an electronic instruction for whatever reason.
      3. The Company may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you.
      4. The Company may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
      5. You will receive an email from the Company as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us. Please note this email does not constitute acceptance of your Order by us but merely confirms our receipt of your Order.
      6. If your Order is not accepted by the Company, the Company will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
      7. The Company may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, goods or services on the Website, or an error of any kind in or relating to your Order.
      8. Any representations made at any time about stock availability are accurate to the last known stock level and are subject to change. If the Company is unable to supply particular goods, the Company will notify you by telephone or email as soon as possible.
      9. The Company will be deemed to have accepted your Order on the first to occur of issue to you: of a sales invoice for the sale and the fulfillment of your Order.
      10. Upon the sending to you of the notice of acceptance, the Company shall be deemed to have accepted your offer, following which no cancellation of your Order by you shall be permitted and no refund shall be made by us in respect of such goods.
      11. If you have any query about the progress of your Order please contact us and have your Order number handy as shown on the email confirmation.
      12. A contract between us for the purchase of goods will not be formed until your payment has been approved by us and we have debited your credit or debit card, bank account, electronic wallet or any mode of payment that is deemed legal and acceptable for use for any commercial transactions with the Company via your use of the Website.
  3. Pricing and availability
    1. Whilst we try and ensure that all details, description and prices which appear on this Website are accurate; error (including processing errors) may occur.
    2. If we discover an error in the price or payment of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you shall be entitled to a full refund.
    3. Prices shown are in Ringgit Malaysia. Prices do not include delivery and handling charges. Prices are valid until amended or removed from the Website and are subject to change at any time. Additional charges, are clearly displayed, where applicable, in the ‘Total Cost’.
    4. Each published saving in respect of goods or services is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of the Company.
    5. Images of goods shown without any advertised price beside that image are not offered for sale.
    6. Unless otherwise stated, accessories shown in any image of goods are not included in the price.
    7. We reserve the right to correct any errors published on the website at any time.
    8. Prices displayed in our physical stores and those published online may vary.
  4. Product description
    1. We make all reasonable efforts to accurately display the attributes of our products, including composition and colours.
    2. The colour you see will depend on your end device and we cannot guarantee that your end device will accurately display such colours.
    3. An item’s measurements given on the Website are only approximate values to give you a better understanding of the model or fit of that specific item, and not a definite guarantee of the actual measurements of the item you receive. The final measurements of an item may vary depending on the assembly, finish and material used in its production.
    4. While we attempt to be as accurate as possible, we do not warrant that product descriptions or any other content on this Website are accurate, complete, reliable, current or error-free.
  5.  Payment
    1. All payments must be made in full prior to delivery, including any applicable delivery or handling charges.
    2. Payments must be made via the TNS secure payment gateway facilities; in this instance unless otherwise indicated, eGHL Payment Gateway Malaysia, accessible via the Website and will be subject to their terms and conditions.
    3. To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you if a credit or debit card, alternative payment account or TNS account is fraudulently used or is used in an unauthorized manner.
    4. If there is a problem with your payment, we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.
    5. In any instances where payment and payment card fraud are found, to the fullest extent permitted by law, the Company and its related entities will not be responsible for any damages or consequential losses of any kind (whether direct or indirect) suffered by a user where a credit/debit card, bank account or any other alternative payment method is fraudulently used or is used in an unauthorized or improper manner.
  6. Supply and delivery
    1. This terms and conditions of this clause apply where you have selected and agreed to have your Orders delivered to a specific address.
    2. Subject to you complying with these Terms and Conditions and acceptance of your Order by the Company, the Company will sell and supply the goods or services to you as shown on your Order confirmation.
    3. Prices displayed on this Website does not include a delivery charge nor any import taxes or custom duties.
    4. Delivery charges are in accordance to the rates determined by our third-party delivery contractors which are based on the dimensions and weight of your Order. The cost for each delivery method is clearly indicated during the checkout process.
    5. All deliveries will be made to the address provided and specified by you upon the registration of your user account or where and when the billing address is prompted and required. The delivery address must be an address within Malaysia and cannot be a freight forwarding location. Deliveries cannot be made to certain rural areas and islands. Please contact us for verification before placing and finalizing any Orders.
    6. It is highly recommended that you be available in person to accept the delivery of your Order.
    7. If you wish to change the delivery date or delivery address, you are required to contact us as soon as possible upon our acceptance of your Order before a pickup by our third-party delivery contractor is made. The Company will hold no responsibility or be liable for any additional charges nor be able to make any changes should your Order be in the possession of our third-party delivery contractor.
    8. The Company will use its reasonable endeavors to deliver your Order within any stated time frames for dispatch, however we are unable to warrant that these time frames will always be met, as many factors may affect these time frames.
    9. You must advise at the time when you place your Order via the Website or at any instance when you discuss delivery with us, of any difficulties that may be involved in the delivery (such as stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including and not limited to any redeliver fees or the cost of an extra person to assist.
    10. On acceptance of your Order by the Company and should the goods that you have ordered be in stock, we will attempt to prepare your Orders within one (1) to two (2) working days (Monday to Saturday) and have them collected, processed and delivered via our third-party delivery contractors. This is subjected to the other provisions of these Terms and Conditions.
    11. Goods may not be available for immediate delivery. Should such condition arise, the Company will notify you and deliver your Order to you within four (4) to six (6) business weeks from the date you’ve placed your Order. Subject to availability from the supplier.
    12. When you complete your Order you will be prompted to select whether you wish to collect your Order from one of our designated physical stores or to have the Order delivered to an address specified by you via our third-party delivery contractor.
    13. Should the Company notify you that it will be unable to deliver your Order within four (4) to six (6) business weeks of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and the Company shall arrange for a full refund of any payment made by you.
    14. Delivery dates are estimates only and we are unable to accept any liability for failure to deliver the goods within the specified time resulting from shipment or delivery delays from our suppliers and our third-party delivery contractor.
    15. Should you arrange your own delivery or collection, then the goods become your responsibility upon collection from any of our designated physical stores.
    16. No installation services are to be provided for Orders fulfilled by our third-party delivery contractor.
    17. You are required to inspect your goods when you take delivery of them. You will be required to note any damage on the delivery documentation which is presented to you by the third-party delivery contractor for signature. In all other cases you will be required to notify us in writing of any damage on delivery or shortages immediately as soon as practicable within seven (7) calendar days of successful delivery. We will not be liable for any damage on delivery to any of the goods unless we are notified within the time period specified above.
  7.  Title and risk in goods received
    1. Title and risk in goods received are passed on to you upon delivery or collection and after full payment has been received by the Company.
    2. All items purchased requiring delivery from the Company are pursuant to a shipment contract. This means that the title and risk for such items will only be passed to you upon successful delivery of the third-party delivery contractor.
  8. Receipt of damaged or faulty goods
    1. If your Order arrives damaged or is not of acceptable quality you may have:
      1. Rights for a refund or exchange under these Terms and Conditions.
      2. To have the goods repaired or replaced or to receive a refund of the price paid by you for the goods.
      3. Outcome for any negotiations in regard to this clause is subjected to the evaluation and investigation results of the Company.
    2. If your Order arrives damaged, you are required to contact us and have the item shipped back to us within seven (7) calendar days upon receipt.
  9. Rights for a refund or exchange
    1. Subject to the terms set out below, you have the right for a refund or exchange of your Order provided that you contact us and have the item shipped back to us within seven (7) calendar days upon receipt, with the goods in a condition that is acceptable by us and that its packaging remains in an ‘as new’ state, inclusive and not limited to the addition of the following conditions:
      1. You have proof of purchase (order number and sales invoice).
      2. You have filled out the Return Form.
      3. On the grounds on which the item is not received as damaged or faulty; the goods must be in a perfect and new condition and returned in the original, unopened packaging along with all original accessories (including manuals, warranty cards, certificate of authenticity) and any free gifts received with it.
      4. Where applicable, all packaging must remain unused, unmarked, and not defaced in any manner.
      5. Where applicable, all sealed items must not be opened.
      6. Where applicable, the product must be found to not have been used or installed or tampered in any way.
      7. In the interests of hygiene, personal use and personal care products cannot be returned unless they are unopened and in their original packaging.
      8. Only one exchange is allowed per purchase. The exchanged product will not be eligible for any further exchange or refund. The Company reserves the right to accept or reject similar returns at its own discretion.
      9. Other than as set out in clause 20(i), we will generally not provide you with a refund or exchange due to reasons including and not limited to simply because you changed your mind or the goods were not what you expected.
    2. Submission for claims can be reported by visiting one of our physical stores or by contacting us via email at [email protected].
    3. An evaluation and investigation period of no more than seven (7) days upon the receipt of the item will be conducted by the Company or any appointed third-parties to determine the status and validity of your submission for claim.
    4. Should the claim be valid, a refund or exchange will be processed. This shall be notified to you by the Company in the form of an email or a telephone call.
    5. If the item submitted for claim is found to be free of any defects, the item shall be returned to you in its original form as delivered by you and you shall bear all and any costs involving the processes relevant to the verification of the item’s condition, its collection and delivery.
    6. Refunds will be given in the same mode of payment that was used in the original purchase or in the next best alternative available and practicable upon the agreement of both you and the Company.
    7. Successful submission of claims for refund will take within 10 to 14 working days of processing. Refund might take longer than 14 working days if there is a delay in reply.
    8. Refunds exclude delivery charges if delivery has taken place.
    9. Cancellation/refund is not applicable to special Orders.
    10. Display sets, promotional items and textile products are not eligible for returns, refunds or exchanges.
    11. Where refunds are concerned; conditions pertaining to exchange are applicable.
    12. If the user is found to have defaulted on payment for the item, the user is deemed as illegible for any claims pertaining to refunds or exchanges.
    13. We do not take title to returned items until the item arrives at our fulfillment centre. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.
    14. The Company reserves the right to reject any submission of claims for returns, refunds and exchanges deemed unfit or unreasonable.
  10.  Complaints
    1. Should you wish to make a complaint, please contact us or write to us at [email protected].
  11. Force Majeure
    1. The Company will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
  12.  General
    1. This document represents the entire agreement between the Company and the User and no other oral or written representation is valid.
    2. These Terms and Conditions may be amended at any time without notice and your access to the Website may be terminated at any time without notice.
    3. By continuing to use the Website, its services, purchasing products from the Company or by your continued engagement with the Company following the change or revision to this document and the Terms and Conditions, you will be treated to as having agreed to and accepted those amendments.
    4. If you do not agree to this document or any of its amendments, we may not be able to render all services to you and you may be required to terminate your relevant agreement with us and/or stop accessing or using our Website.
    5. Where your access to this Website is terminated, all disclaimers and limitations of liability set out in these Terms and Conditions will survive.
    6. Reference to the Website includes the whole part or any portion of the web pages located on this webpage.
    7. In the event of any inconsistency between the English text and text in other languages, the English version shall prevail.
  13.  Enquiries
    1. If you have any questions or feedback about this Website and its use, please contact us via email at [email protected] or via the following channels available here.