TERMS OF SERVICE

Last updated: [INSERT DATE]

OVERVIEW

Welcome to LY Brewica Coffee.

The terms “we”, “us”, “our”, and “LY Brewica Coffee” refer to the operator of this store, Lingly Enterprise (Business Registration No.: CA0423239-H).

LY Brewica Coffee operates this store and website, including related information, content, features, tools, products and services, to provide customers with an online shopping experience (collectively, the “Services”). Our store is powered by Shopify, which provides the e-commerce platform used to offer the Services.

These Terms of Service, together with any policies referenced in them, including our Privacy Policy, Shipping Policy and Refund Policy where applicable, set out the terms governing your access to and use of the Services and your purchase of products from us.

By visiting, browsing, interacting with or using our Services, or by placing an order with us, you agree to be bound by these Terms and our applicable policies. If you do not agree, you should not use the Services or place an order with us.

Nothing in these Terms is intended to exclude, restrict or limit any rights or remedies that cannot lawfully be excluded, restricted or limited under applicable Malaysian law.

SECTION 1 – ACCESS AND ACCOUNT

By using the Services, you represent that you have the legal capacity to enter into a binding agreement under applicable law.

If you create an account with us, you are responsible for maintaining the confidentiality and security of your account credentials and for activities conducted through your account.

You agree to provide accurate, current and complete information, including your name, email address, billing information, payment information and delivery information, and to update such information when necessary.

You must not transfer, sell, assign or permit another person to improperly use your account.

We may suspend, restrict or terminate access to an account where we reasonably believe there has been misuse, fraud, unauthorised activity, a breach of these Terms or a risk to our Services, customers or business.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to ensure that product descriptions, photographs, prices and other information displayed on our website are accurate. However, images are for illustration purposes and the actual product packaging, colour or appearance may vary due to screen settings, photography, packaging updates or other reasonable factors.

2.1 Natural Variation in Coffee

Coffee is an agricultural product and may naturally vary between batches. Aroma, flavour, acidity, body, sweetness, appearance and other characteristics may vary depending on factors including origin, harvest, processing method, crop conditions, roasting and storage.

While we endeavour to maintain consistent quality and product specifications, we do not guarantee that every batch will have an identical flavour profile or taste exactly the same as a previous batch.

Natural flavour variation does not, by itself, mean that a product is defective.

2.2 Product Descriptions

We may update product descriptions, availability, packaging, specifications or other product information from time to time.

Where reasonably applicable, product information such as ingredients, net weight, recommended storage conditions and other relevant information may be displayed on the product page or packaging.

Customers are responsible for reviewing product information before placing an order.

2.3 Food and Consumable Products

Our coffee and other consumable products should be stored and consumed in accordance with any instructions provided on the packaging or product page.

Where a product has a stated best-before date or other date marking, customers should check and follow the information provided.

We reserve the right to limit the quantities of products available for purchase, subject to applicable law.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase the selected product or products.

An order confirmation or acknowledgement does not necessarily constitute final acceptance of your order. We reserve the right to accept or decline an order, subject to applicable law.

We may cancel or decline an order where reasonably necessary, including where:

• payment has not been successfully authorised or received;
• product availability is affected;
• there is an obvious pricing or listing error;
• we reasonably suspect fraud, unauthorised payment activity or misuse;
• the order contains inaccurate information that prevents fulfilment; or
• cancellation is otherwise reasonably necessary to comply with applicable law or protect our business or customers.

If we cancel an order after payment has been successfully received, we will provide an appropriate refund for amounts paid for products we are unable to supply, subject to applicable law.

Please review your order carefully before submitting it. We may not be able to accommodate cancellation or amendment requests once an order has been processed or dispatched.

Purchases are subject to our Refund Policy and any rights available under applicable Malaysian law.

Unless otherwise agreed by us in writing, products are sold for personal or household use and must not be purchased for unauthorised commercial resale.

SECTION 4 – PRICES, TAXES AND PAYMENT

Prices displayed on our website are in Malaysian Ringgit (RM) unless otherwise stated.

The price applicable to your order will generally be the price displayed at the time you submit your order, subject to correction of genuine and obvious errors.

We reserve the right to change product prices, promotions, discounts and availability from time to time without prior notice. Such changes will generally not affect an order already accepted, except where correction of an obvious error is permitted by law.

Applicable delivery charges, taxes or other charges, if any, will be displayed or otherwise communicated before checkout where applicable.

We may offer payment methods made available through our website or authorised payment service providers. By making a payment, you confirm that you are authorised to use the selected payment method.

We do not intentionally store full payment card information where payment processing is handled by an authorised third-party payment provider.

You agree to provide accurate, current and complete billing and payment information.

SECTION 5 – SHIPPING AND DELIVERY

We will arrange delivery using available courier or delivery service providers.

Estimated delivery times are estimates only and are not guaranteed unless expressly stated otherwise. Delivery may be affected by factors outside our reasonable control, including courier delays, weather, public holidays, customs or regulatory processes, incorrect delivery information and other unforeseen events.

You are responsible for providing a complete and accurate delivery address, contact number and other information required for delivery.

We are not responsible for delays, failed deliveries or additional costs caused by incorrect or incomplete information provided by you.

If a parcel is returned to us due to an incorrect address, refusal to accept delivery, failure to collect the parcel or other circumstances attributable to you, additional delivery charges may apply for redelivery.

If you receive a parcel that appears visibly damaged, please take reasonable steps to document the condition of the parcel and contact us as soon as reasonably possible.

Nothing in this section is intended to remove any consumer rights that cannot lawfully be excluded under applicable Malaysian law.

SECTION 6 – INTELLECTUAL PROPERTY

Unless otherwise stated, the content of our Services, including our trademarks, brand names, logos, product names, text, photographs, graphics, designs, videos, audio and other materials, is owned by or licensed to LY Brewica Coffee or its respective rights holders and is protected by applicable intellectual property laws.

You may use the Services for lawful personal and non-commercial purposes only.

You must not, without our prior written permission, reproduce, copy, modify, distribute, publish, commercially exploit or create derivative works from our content, except where permitted by applicable law.

All rights not expressly granted are reserved.

SECTION 7 – OPTIONAL THIRD-PARTY TOOLS

The Services may provide access to third-party tools or services that are not owned or controlled by us.

We may have no control over the availability, content, operation or policies of those third-party tools.

Your use of third-party tools or services may be subject to the relevant third party's own terms and policies. To the extent permitted by applicable law, we are not responsible for losses arising solely from your use of independent third-party services outside our reasonable control.

SECTION 8 – THIRD-PARTY LINKS

Our Services may contain links to websites, services or materials operated by third parties.

We do not control and are not responsible for the content, accuracy, availability, products, services or practices of independent third parties.

If you access a third-party website or service, you do so subject to that third party's applicable terms and policies.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

LY Brewica Coffee uses Shopify to help operate and provide our online store and related Services.

However, unless expressly stated otherwise, purchases made through our store are transactions between you and Lingly Enterprise / LY Brewica Coffee, as the seller.

Shopify is not responsible for our products, order fulfilment, product quality, refunds or other matters relating directly to a sale between you and us, except to the extent otherwise required by applicable law or provided under Shopify's own terms.

SECTION 10 – PRIVACY

We collect, use, process and disclose personal information in accordance with our Privacy Policy and applicable law.

Our Privacy Policy explains, among other things, how we may collect and use information such as your name, contact details, delivery information and order information.

Our Services are operated using Shopify and certain information may be processed by Shopify and other service providers where reasonably necessary to operate the store, process payments, fulfil orders, provide delivery, maintain security or provide related services.

Please review our Privacy Policy [INSERT LINK] for further information.

SECTION 11 – FEEDBACK AND REVIEWS

If you submit reviews, feedback, suggestions, ideas or other content to us (“Feedback”), you confirm that you have the necessary rights to submit it.

Subject to applicable law, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, display, publish and adapt your Feedback for purposes relating to our business, products, Services, marketing and improvement of our offerings.

We may remove Feedback where we reasonably believe it is unlawful, misleading, abusive, defamatory, infringes another person's rights or otherwise violates these Terms.

You remain responsible for the accuracy and legality of content you submit.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, our Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, availability, delivery charges or other information.

We reserve the right to correct genuine errors and update information where reasonably necessary.

Where an obvious error materially affects an order, we may contact you and, where permitted by applicable law, cancel or correct the affected order and provide an appropriate refund where payment has been received.

We will not use this section to avoid obligations arising from a valid order without lawful justification.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes.

You must not:

• use the Services for unlawful, fraudulent or malicious purposes;
• infringe our intellectual property rights or the rights of others;
• submit false or misleading information;
• impersonate another person or entity;
• harass, threaten, abuse or harm another person;
• upload viruses, malware or malicious code;
• interfere with the security or operation of the Services;
• attempt to gain unauthorised access to systems, accounts or data;
• use automated systems, bots, scraping tools or similar methods to access or extract data from the Services without our authorisation, except where such activity is expressly permitted by applicable law;
• circumvent security, access-control or technical restrictions; or
• use the Services in a manner that may damage, disrupt or unreasonably interfere with our business or other users.

We may take reasonable action, including suspension or termination of access, where we reasonably believe these Terms have been breached.

SECTION 14 – AUTOMATED AGENTS AND BOTS

Unless expressly authorised by us or permitted by applicable law, automated agents, bots, crawlers or similar systems must not access or interact with our Services in a manner that bypasses security measures, misrepresents their identity, overloads our systems, extracts protected data or interferes with normal operation.

We may implement reasonable technical measures to manage, limit or block unauthorised automated access.

SECTION 15 – SUSPENSION AND TERMINATION

We may suspend or terminate your access to the Services where reasonably necessary, including for breach of these Terms, suspected fraud, unlawful activity, misuse or security concerns.

Termination of access will not affect rights or obligations that accrued before termination.

Provisions relating by their nature to intellectual property, privacy, liability limitations, indemnity, governing law and other provisions intended to survive termination may continue after termination.

SECTION 16 – DISCLAIMERS

We make reasonable efforts to provide accurate information and operate our Services appropriately. However, to the fullest extent permitted by applicable law, we do not guarantee that the Services will always be uninterrupted, error-free, secure or available at all times.

Information provided through the Services is intended for general information and shopping purposes.

Nothing in our product descriptions or website should be interpreted as medical, nutritional, dietary or health advice unless expressly stated by us in writing and supported by applicable requirements.

Customers with allergies, dietary restrictions, sensitivities or other concerns should carefully review product information and ingredients where provided and contact us before purchasing if additional clarification is required.

Nothing in these Terms excludes any warranty, guarantee, representation, right or remedy that cannot lawfully be excluded under applicable Malaysian law.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, we will not be liable for indirect, incidental, special or consequential losses that were not reasonably foreseeable, including loss of profits, revenue, business opportunity or data, arising solely from the use of the Services.

Nothing in these Terms is intended to exclude or limit liability where such liability cannot lawfully be excluded or limited, including any liability arising from rights or remedies available to consumers under applicable law.

Where liability may lawfully be limited, our liability will be limited to the extent permitted by applicable law.

SECTION 18 – INDEMNITY

To the extent permitted by applicable law, you agree to indemnify us against reasonable losses, liabilities, claims or expenses arising directly from your unlawful use of the Services or your material breach of these Terms.

This obligation does not apply to the extent a claim arises from our own negligence, unlawful conduct or any liability that cannot lawfully be excluded.

SECTION 19 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision shall be enforced to the fullest extent permitted by law or, where necessary, treated as severed.

The remaining provisions will continue to apply to the extent permitted by law.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT

Our failure to enforce a provision of these Terms does not constitute a waiver of that provision.

These Terms, together with applicable policies referred to in them, form the agreement between you and us regarding your use of the Services, subject to any rights that cannot lawfully be excluded.

If there is a conflict between these Terms and a mandatory provision of applicable law, the applicable law will prevail to the extent of the conflict.

SECTION 21 – ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.

We may transfer or assign our rights or obligations as part of a business restructuring, transfer, sale or similar transaction, subject to applicable law.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreement under which we provide products or Services shall be governed by and construed in accordance with the laws of Malaysia.

Subject to any mandatory rights, remedies or dispute-resolution processes available under applicable Malaysian law, the courts of Malaysia shall have jurisdiction in relation to disputes arising from these Terms or the Services.

Nothing in this section is intended to prevent a consumer from exercising any right or remedy available under applicable Malaysian law, including any lawful right to refer an eligible dispute to the appropriate consumer dispute-resolution body or tribunal.

SECTION 23 – HEADINGS

Headings are included for convenience only and do not affect the interpretation of these Terms.

SECTION 24 – CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our business, products, Services, legal requirements or other operational matters.

The most current version will be published on this page with an updated “Last updated” date.

Where required by applicable law, we will provide notice of material changes.

Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms, subject to applicable law.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service, orders or our products may be sent to:

LY Brewica Coffee
Operated by Lingly Enterprise
Business Registration No.: CA0423239-H
Email: linglycollective@gmail.com
Telephone: 016-277 2886
Business Address: 10 , JALAN SUAKASIH 2/2 , BANDAR TUN HUSSEIN ONN , 43200 SELANGOR , MALAYSIA