I. GENERAL INFORMATION
This Wall’s Joy At Party Website (“Website”) is owned and operated by Unilever (Malaysia) Holdings Sdn Bhd (“Unilever”).
ACCESS AND USE
Your access to and use of the materials contained in this Website is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document or elsewhere on the Website (“Terms and Conditions”). By using this Website, you agree to be bound by these Terms and Conditions.
If you are under the age of 18, you must obtain permission from your parent(s) or legal guardian(s) to access and use the website. If you are the parent or legal guardian of a minor, you must accept and comply with these Terms and Conditions on the minor’s behalf and you will be responsible for the minor’s actions.
Unilever reserves the right to amend the Terms and Conditions without notice at any time. Your use of this Website following such changes constitutes your agreement to be bound by the new Terms and Conditions.
AVAILABILITY OF THE WALL’S WEBSITE
The services offered through this Website is only available to consumers in Klang Valley, Malaysia. We aim to offer you the best service possible, however, if a fault occurs in the service you should report it by email at firstname.lastname@example.org and we will attempt to respond and/or correct the fault as soon as we reasonably can.
OWNERSHIP AND USE OF WEBSITE MATERIALS, PRODUCTS AND SERVICES
Unilever owns the intellectual property rights for all the materials on the Website or has a valid right from a third party to use materials on the Website. Unilever also owns or has a valid right to
use all trademarks, service marks, graphics and logos used on this Website. Unless expressly stated, no part of the Website may be copied, reproduced, republished, uploaded, posted, transmitted, reversed-engineered or distributed in any way.
This Website is provided by Unilever without any warranties or guarantees of any kind either express or implied, including without limitation, warranties of title or implied warranties of merchantability of fitness for a particular purpose. You must bear the risks associated with the use of the Internet.
Unilever does not guarantee that the Website shall be compatible with any computer, laptop or mobile device (collectively referred to as (“Devices”), through which you access the Website. You
are personally responsible for ensuring that the Devices fulfill the technical specifications for the Devices to be compatible with the Website.
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any direct, indirect, special, punitive, consequential, incidental or other damages, actions, proceedings, costs, claims, demands or liabilities (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) that arise out of or are related to the Website.
You acknowledge that the materials and information found in the Website may contain technical inaccuracies or typographical errors. To the fullest extent permitted by applicable law, Unilever
does not provide any guarantee for, and disclaims any and all responsibility or liability for, the accuracy, content, completeness, legality, timeliness, performance, reliability, operability or
availability of information or material displayed in the Website for any particular purpose. Unilever disclaims any responsibility for the deletion, failure to store, misdelivery, inaccuracy,
error or untimely delivery of any information or material, as well as any responsibility for any harm resulting from information or material obtained through the Website.
The Website and all materials, information, products and services included in the Website are provided “as is,” with no warranties whatsoever. Unilever and each of their respective agents, licensors, licensees, successors and assigns expressly disclaim to the fullest extent permitted by law:
- all express, implied and statutory warranties, including without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights;
- any warranties regarding the security, reliability, timeliness, and performance of the Website;
- any warranties for any information or advice obtained through the Website; and
- any warranties for services or goods received through or advertised on the Website or received through any information provided by the Website, as well as for any information or advice received through any information provided in the Website.
You understand and agree that you download or otherwise obtain or access materials or information through the use of the Website at your own discretion and risk and that Unilever will
not be responsible for any damage or loss of data to Devices that results from the download or access of such material or information.
You agree that you shall defend, indemnify and hold Unilever and each of their respective agents, licensors, licensees, successors and assigns harmless from and against any and all claims, costs,
damages, losses, liabilities and expenses (including legal fees and costs and/or regulatory action) arising out of or in connection with:
- your use of the Website;
- your violation or breach of any of these Terms and Conditions or any applicable law or regulation, whether or not referenced herein; and
- your violation of any rights, including intellectual property rights, of any third party.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes will be resolved by the courts of Malaysia.
II. PRODUCT TERMS & CONDITIONS
Wall’s Joy At Party service aims to bring joy and smiles to parties & events with Wall’s ice-cream. There are 4 different packages available (“Products“):
- Joy Box: Ice creams are delivered in a Styrofoam box with dry ice. Suitable for small, cozy parties.
- Agent Joy: Wall’s ice cream agent (“Agent Joy”) will deliver the ice creams in his motorcycle and stay at your party/event up to 4 hours. Suitable for outdoor parties/events.
- Joy Freezer: Ice creams are delivered in a Wall’s freezer. Suitable for big scale, indoor events.
- The Magnum Experience: With a Magnum Expert & a dipping station, your guests will be able to enjoy the ‘Make My Magnum’ experience at your party, just like at the Magnum Pleasure Store.
Please note that the prices on the website for Joy Box, Joy Agent & Joy Freezer packages are for the ice creams only. It excludes delivery charges, where applicable.
For the Magnum Experience Service, the prices on the website are for the ice creams only, it excludes delivery charges, Magnum Expert (RM250 per pax) and 10% service charge.
The availability of the ice creams will depend on stock availability. If the ice creams requested by the person who purchases Products on the Website (“Consumer”) are unavailable due to factors
beyond Unilever or the appointed Delivery Agent’s (“Delivery Agent”) control, Unilever/Delivery Agent shall make every effort to offer a substitute item which is closest in terms of price and type to the originally requested item.
Order(s) must be placed via the Website within the respective timelines by selecting the package, ice creams and completing the order form. An order is submitted successfully when the Consumer receives an order number via e-mail. Please refer below for the respective timelines:
Joy Box / Joy Freezer / Agent Joy
A successful order must be made on the Website at least 7 working days before the intended delivery date.
The Magnum Experience
A successful order must be made on the Website at least 14 working days before the intended delivery date.
Minimum Order & Delivery Charges
|Package||Minimum Ice Cream Order||Delivery & Other Charges|
|Agent Joy||RM300||Free Delivery|
|The Magnum Experience||RM950.40||Delivery charges vary by location
Magnum Expert: RM250 per pax
10% service charge is applicable to total bill
Unilever’s appointed agent will contact the Consumer within 3 working days after a successful order submission on the Website. The Consumer will be contacted via telephone call/WhatsApp/email to confirm order details including delivery address, date and time. Upon confirmation, arrangements will be made for delivery. If the Consumer is not contactable/provide no response within those 3 days, Unilever/Delivery Agent reserves the right to cancel the order. It remains the sole responsibility of the Consumer to provide a valid Malaysian telephone number and e-mail address.
The delivery of the Products shall be based on delivery terms as may be agreed between the Consumer and the Delivery Agent.
The Products are deemed to be accepted by the Consumer upon delivery of the Products by the Delivery Agent. The Products shall be deemed to have been inspected and accepted at the point of
delivery. Any claims relating to shortfalls/quality of the Products shall be made known to the delivery agent immediately on or before acceptance of the Products.
All orders made by the Consumer shall be deemed to be an offer made by the Consumer to purchase the selected Product(s) and quantities set out in the Consumer’s order upon these Terms
and Conditions, and shall be subject to acceptance by Unilever/Delivery Agent. Processing of payment for an order shall not in itself constitute acceptance of the order by Unilever/Delivery
Agent. Where an order for any Product(s) is rejected or cancelled by Delivery Agent, any payment made for such order shall be reversed or refunded by the Delivery Agent.
All orders made by the Consumer are subject to stock availability. Unilever/Delivery Agent reserves the right to cancel, amend or reject the Consumer’s order in whole or in part, at any time
and without liability or compensation, where any Product is out of stock, damaged or spoilt, unavailable for any other reason or if the order is not able to be fulfilled.
Unilever/Delivery Agent reserves the right at all times to refuse any order placed with us.
The Wall’s Joy At Party delivery service is only available in selected areas. To check whether we deliver to your area, please use our location checker function on our Website to find out where we deliver.
The delivery service is available from 8am till 6pm, 7 days a week.
Delivery will be made to the address and at the time specified by the Consumer on the completed order form, by the Delivery Agent.
The Delivery Agent will deliver the Consumer’s order to the main entrance of the delivery address. At the Consumer’s request, the Delivery Agent may carry the Consumer ’s order into the delivery address, for example, to a particular floor in an apartment block or into the kitchen but only if :
- the driver has the Consumer ’s permission,
- the driver believes that it is safe and practical to do,
- there is no obstacle preventing entrance, for example a locked main door, guards restricting entry. Unilever and its Delivery Agent reserves its right at all times to deliver only to the main entrance of the delivery address.
If there is no one to accept and receive the goods at the agreed time and place specified by the Consumer, the Consumer will be responsible for contacting the delivery agent to re-arrange for
delivery. Unilever/Delivery Agent is entitled to charge for providing the re-delivery service.
Whilst we make every effort to deliver all Products according to the agreed time, Unilever/Delivery Agent will not be liable if it fails to do so in part or in full due to circumstances beyond its control which includes but is not limited to traffic and weather conditions.
Agent Joy will be able to stay at the Consumer’s event with his motorcycle to distribute the ice creams for a maximum of 4 hours and stay at the event till no later than 10pm, whichever is earlier.
Joy Freezer (“Freezer”) will be delivered and collected based on the date & time agreed upon by the Consumer when contacted by the Delivery Agent within the 3 working days upon successful
order submission on the Website. Please ensure there is a plug point at the party/event venue for the Freezer.
Upon delivery of the Freezer, Consumer will need to pay a deposit of RM200 (“Deposit”) and sign on a Freezer Transfer Note (FTN).
Upon collection of the Freezer, Consumer will need to sign on a Freezer Return Note (FRN) and the Deposit will be returned to the Consumer, provided that the Freezer is in good condition upon inspection.
Freezer can be used to store Wall’s ice creams only. No other items are allowed to be stored in the Freezer. Failure to adhere to this term may result in the forfeiture of the Consumer’s Deposit.
If the Freezer is vandalised/spoilt/lost, the deposit will be forfeited and the Delivery Agent reserves the right to make a police report and the Consumer must compensate the Delivery Agent based on the freezer’s net book value. The Distributor’s valuation of the Freezer is conclusive and final and no appeals will be entertained.
The Magnum Experience
Set up will require a minimum of 2 hours prior to the event before the Magnum Expert can begin to customise Magnums. The Magnum Expert will customize Magnums at the event for a maximum of 4 hours and until no later than 11pm, whichever is earlier. Please ensure there is a plug point at the event/party for a freezer.
ACCEPTANCE OF GOODS & RETURN
Joy Box, Agent Joy, Joy Freezer
You should inspect & accept the Products as soon as the order arrives. No return/refund will be allowed/entertained once the Consumer makes payment.
The Consumer can cancel their order when contacted by the Delivery Agent (which will be within 3 working days of the placement of a successful order on the Website). If the Consumer needs to
cancel the order after this time, the Consumer must contact the Delivery Agent via telephone call. Where an order for any Product(s) is rejected or cancelled by Delivery Agent, any payment made for such order shall be reversed or refunded by the Delivery Agent. Please note that orders cannot be cancelled via e-mail.
Unilever reserves the right to cancel order(s). The Consumer will be notified via WhatsApp Message/telephone call, within 3 working days after an order has been placed. If an order needs to be canceled after this time, due to unforeseen circumstances, Unilever/Delivery Agent may do so at their sole discretion and will inform the Consumer via telephone call.
Joy Box, Agent Joy, Joy Freezer
Payment must be made in cash upon delivery.
The Magnum Experience
Full payment must be made via bank transfer to the Delivery Agent 7 days before the intended delivery date. Delivery will not be made if full payment has not been settled. Any delay in payment
will cause delay in delivery and/or cancellation of order and Unilever & its Delivery Agent will accordingly not be held accountable.