Delivery Policy

PINGO DELIVERY POLICY

1.   GENERAL

• Any such capitalized words used in this Delivery Policy (“Delivery Policy”), unless otherwise defined, shall have the same meaning as found in the Buyer’s Terms and Conditions and the Seller’s Terms and Conditions. This Delivery Policy shall form an integral part of the Buyer’s Terms and Conditions and the Seller’s Terms and Conditions.
• This Delivery Policy is issued in both the English and Chinese languages. In the event of any inconsistency between these two versions, the English version shall prevail.
• The Buyer and/or the Seller hereby agree to be bound by this Delivery Policy, the Buyer’s Terms and Conditions, the Seller’s Terms and Conditions and any other policies and terms and conditions as may be posted on the Platform from time to time (“Other Terms”).

2.   DELIVERY

• PINGO serves only as a third-party platform, acting as an intermediary between the Buyer, the Seller and the applicable Logistics Provider (as defined below), to facilitate the delivery of the Merchant Offering(s) to the Buyer. PINGO will facilitate the appointment of a third-party logistic service provider (“Logistics Provider”) to provide pick up or drop off services to the Seller and delivery services to the Buyer in accordance with this Delivery Policy and Other Terms. The Seller and the Buyer acknowledge that the provision of services by the Logistics Provider will be subject to the terms of service and such other instructions and directions as prescribed by the Logistics Provider (“Terms of Service”). The Seller and the Buyer agree to be bound by the terms of the Terms of Service.
• All orders placed by the Buyer on the Platform will be delivered by the Logistics Provider or through any other method which PINGO deems appropriate, to the delivery address as specified by the Buyer in the applicable order on the Platform.
• No delivery services shall be available on Saturday, Sunday and public holidays.
• The Seller shall fulfil the order through and cooperate fully with the Logistics Provider to carry out the delivery services. PINGO shall not be liable to the Seller and the Buyer for any losses suffered, in the event the Seller does not fulfil the order using the Logistics Provider.
• PINGO reserves its right to use any method or route to perform the delivery of the Merchant Offering(s) to the respective Buyer, including to sub-contract all or part of the delivery of the Merchant Offering(s) to the respective Buyer to any sub-contractor which PINGO deems appropriate.
• Unless otherwise stated in this Delivery Policy, the Buyer’s Term and Conditions, the Seller’s Terms and Conditions and Other Terms, the Buyer shall be fully responsible for all costs incurred for delivery of the Merchant Offering(s). The Buyer shall also be responsible for payment of all customs duties, and taxes and any other charges related to the delivery/shipping and custom clearance of Merchant Offering(s). Any costs assessed against or incurred by PINGO in relation to shipping and customs clearance shall be payable by the Buyer.
• The Buyer shall provide a valid and accurate address and contact number on the Platform for delivery. Once the parcel of the applicable Merchant Offering (“Parcel”) has been shipped out, the Buyer will not be allowed to modify or change the delivery address or cancel the order.
• In addition to complying and adhering to the Terms of Service, the Seller shall make the necessary arrangements to deliver the Merchant Offering(s) to the warehouse of the Logistics Provider to cause the Merchant Offering(s) be delivered to the Buyer and use reasonable efforts to notify the Buyer through the Platform of the details of the delivery for examples, the name of Logistics Provider, the date of shipping and the tracking number of the Parcel.
• The Logistics Provider assists to ship products anywhere in Malaysia or Internationally. When Buyer places an order, the Logistics Provider will estimate the delivery dates based upon the availability of the Merchant Offering(s) and the Buyer’s shipment’s destination. Any delivery dates quoted for delivery of the Merchant Offering(s) are approximate only and delays may occur without prior notice due to any technical or resources problem. In this connection, the Buyer hereby acknowledges and agrees that time is not of the essence for the performance of delivery of Merchant Offering(s).
• The Seller and the Buyer agree and acknowledge that the Seller bears all risks attached to the delivery of the Merchant Offering(s) and warrants to obtain an adequate insurance coverage for the delivery of the Merchant Offering(s). In the event where the Parcel is damaged or lost in the course of delivery, the Seller and the Buyer acknowledge and agree that PINGO will not be liable for any damage, expense, cost or fee resulted therefrom and the Seller and/or the Buyer will reach out to the Logistics Provider to resolve such dispute.
• If the Buyer is unable to accept the delivery of the Parcel personally for whatsoever reason, a representative may accept the delivery on behalf of the Buyer subject to the condition that the representative must attain 18 years of age and is capable of receiving the delivery. For the avoidance of doubt, the Buyer or its representative may be required to produce proof of identity and the Buyer or its representative shall sign on the delivery note upon receipt of the Parcel. The Logistics Provider reserves the right to withhold the delivery of the Parcel to the Buyer if it has any doubts whatsoever as to the Buyer’s and/or its representative’s creditworthiness or insufficient identification.
• In the event where the Seller fails to deliver the Merchant Offering(s) by the expected delivery date due to no fault of the Buyer, the Buyer may through the Platform, notify PINGO of such non-delivery or non-performance of the Merchant Offering(s) within seven (7) days from the failure of delivery (“Notice”). In this connection, the Buyer is entitled to demand for delivery within fourteen (14) days from the date of submission of the Notice or submit for a refund application for the respective order.
• Upon receiving the Notice, PINGO shall, in its sole discretion, review and access the failure of delivery based on this Delivery Policy or on a case-by-case basis subject to the supporting documentary evidence provided by the parties. In such circumstances, PINGO shall have the right to demand the Seller to arrange for delivery to the Buyer or allow the Buyer’s refund for the respective order in accordance with PINGO’s Refund Policy.
• In the event where the Seller fails to ship the Merchant Offering(s) to the warehouse of the Logistics Provider within fourteen (14) days from the date of the order confirmation due to no fault of the Buyer, PINGO shall automatically cancel the respective order and proceed to issue refund to the Buyer in accordance with PINGO’s Refund Policy without any further confirmation from the Seller. For the purpose of this clause, the Merchant Offering(s) shall be deemed as shipped out to the warehouse of the Logistics Provider upon the Seller notifying the Buyer through the Platform of the details of the delivery.
• In any event, PINGO’s decision shall be final and the Buyer and the Seller agree to be bound by the same and shall comply with all directions and instructions issued by PINGO. The Buyer and the Seller shall not hold PINGO liable for any matters resulting or incidental to the decision made by PINGO.
• In circumstances where the Buyer has submitted a refund application pursuant to Clause 2.12 above and has received a refund or that the Buyer has received a refund pursuant to Clause 2.14 above, where the Merchant Offering(s) has been delivered to the Buyer at a later date, the Buyer shall immediately notify PINGO and/or the Seller of the receipt of the Merchant Offering(s). The title of such Merchant Offering(s) shall remain with the Seller and the Buyer shall hold and keep the Merchant Offering(s) on trust for the Seller.
• In connection hereto, PINGO and/or the Seller shall have the rights at any time to demand the Buyer to deliver back the Merchant Offering(s) to the Seller. In the event of any refusal or non-compliance of the Buyer, PINGO and/or Seller shall have the right to claim for the full amount of the Merchant Offering(s) in question, in addition to all other losses and damages incurred.
• If the delivery of Parcel is delayed due to the Buyer’s unreasonable refusal or failure to accept the delivery (other than any causes beyond the Buyer’s reasonable control or due to the Seller’s fault) within seven (7) days after the first attempt of delivery, such order will be deemed void and has no further effect and the Buyer shall bear all the relevant fees and costs as may be reasonably incurred by PINGO and/or the Seller including but not limited to the delivery cost and administrative charges (“Additional Costs”). For the avoidance of doubt, in the event the order is void, the Seller shall be entitled to resell the Merchant Offering(s) at the best price readily available and refund the applicable sum paid to the Buyer, after deducting all Additional Costs incurred.

3.   PROOF OF DELIVERY

• At the time of delivery, the Buyer will be required to do the following:

  • open the Parcel to allow the delivery personnel of the Logistics Provider to take photo(s) of the Merchant Offering(s) to record the physical condition of the Merchant Offering(s) at the time of delivery (“Proof of Delivery”);
  • inspect the physical condition of the Merchant Offering(s) to ensure that the Merchant Offering(s) is not damaged, spoilt, and/or broken; and/or
  • validate the receipt of the Parcel by providing signature to the delivery note.

  For the avoidance of doubt, Clause 3.1 (a) and (b) shall only be applicable to the delivery of bird nest products and such other specific products as may be specified and determined by PINGO from time to time, in its sole discretion. Subject to Clause 2.11 above, in the event if the Parcel is to be accepted by the Buyer’s representative, the Buyer hereby agrees and acknowledges that its representative shall have the right to attend to the events stated in Clause 3.1 (a) and (b) above on behalf of the Buyer.

• The Logistics Provider shall at the time of delivery, ensure that the Buyer or its representative inspects the Parcel and validates the receipt of the Parcel by providing signature to the delivery note. By signing the delivery note, the Buyer agrees and acknowledges receipt of the Parcel in full whereas in the circumstances where the attendance of the events in Clause 3.1 (a) and (b) is required, by signing the delivery note, the Buyer agrees and acknowledges that the Buyer or its representative has inspected the Parcel and ensured that the Merchant Offering(s) is of satisfactory physical condition. In connection thereto, the Buyer shall not later claim for any return, replacement or refund of the same Merchant Offering(s) by the reason of the Merchant Offering(s) being unsatisfactory physical condition.
• For the avoidance of doubt, the circumstances in which any Merchant Offering(s) shall be deemed to be of unsatisfactory physical condition shall be limited to where the Merchant Offering(s) is (i) spoiled or broken and/or (ii) physically damaged and that the Merchant Offering(s) cannot be used for its intended purpose subject always that any determination of the physical condition of Merchant Offering(s) received by Buyer shall be determined by the Seller and/or PINGO solely based on the evidence of the Proof of Delivery provided by PINGO's Logistics Provider.
• In the event that the Merchant Offering(s) received by the Buyer is of unsatisfactory physical condition, the Buyer may refuse to sign the delivery note, reject the respective Merchant Offering(s) and return the Merchant Offering(s) to the Logistics Provider directly for its onward transmission to the Seller.
• Subject always to and in accordance with PINGO’s Refund Policy as well as Other Terms, the Buyer may after returning the Merchant Offering(s) to the Seller, through PINGO Platform, submit an application for return, replacement or refund of the Merchant Offering(s) (as the case may be).

4.   DISPUTE BETWEEN THE SELLER AND THE BUYER

• Should there be any dispute or conflict arising from or incidental to the delivery of Merchant Offering(s), the Buyer is encouraged to communicate and negotiate with the Seller directly to resolve such dispute or conflict. In the event the Seller fails to settle such dispute with the Buyer, PINGO shall, in its sole discretion, review and assess the dispute based on this Delivery Policy or on a case-by-case basis subject to the supporting documentary evidence provided by the parties.
• In such circumstances, PINGO’s decision shall be final and the Buyer and the Seller agree to be bound by the same and shall comply with all directions and instructions issued by PINGO. The Buyer and the Seller shall not hold PINGO liable for any matters resulting or incidental to the decision made by PINGO.

5.   LIABILITY

• The Seller shall bear all responsibility and liability towards the Buyer as a result of its failure to comply with the terms of this Delivery Policy, the Other Terms and the Terms of Service.
• PINGO shall use reasonable endeavors to facilitate the delivery of Merchant Offering(s) of satisfactory and acceptable quality to the delivery address specified and provided by the Buyer but PINGO cannot guarantee any firm and/or exact delivery time and PINGO shall not be liable for any delay in its delivery services, if the delay has been due to causes beyond the control of PINGO and/or PINGO’s Logistics Provider.
• In no event shall PINGO be responsible for any risk or be liable for any claim, liability, demand, expenses, loss, costs or damage incurred by the Seller or the Buyer as a result of, or in connection with the quality and delivery of the Merchant Offering(s). Notwithstanding any other provision of this Delivery Policy and Other Terms, in the event where PINGO is responsible for the loss or damage, the total liability of PINGO to the Buyer or the Seller or to any other third party shall be only limited to the Transaction Value of such Merchant Offering(s).

6.   VARIATION

• PINGO reserves the rights at any time, at its sole discretion, to change, modify, amend or otherwise any part of this Delivery Policy by posting the revised Delivery Policy on the Platform, and such amendments are effective as of the date of posting. The continued usage of the Platform after the revised Delivery Policy is posted constitutes the agreement to, and acceptance of, the revised Delivery Policy.