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 Policies Terms. This Delivery Policy shall form an integral part of the Policies Terms.
• 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.

2.   DELIVERY

• All Orders placed by the user on the Platform will be delivered by a third-party logistic service provider (“Logistics Provider”) or through any other method which PINGO deems appropriate, to the delivery address as specified by the user in the applicable order on the Platform. The user acknowledges 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 (“Logistics’ Terms”). The user agrees to be bound by the terms of the Logistics’ Terms.
• No delivery services shall be available on Saturday, Sunday and public holidays.
• PINGO reserves its right to use any method or route to perform the delivery of the Order to the respective user, including to sub-contract all or part of the delivery of the Order to the respective user to any sub-contractor which PINGO deems appropriate.
• Unless otherwise stated in this Delivery Policy and the Policies Terms, the user shall be fully responsible for all costs incurred for delivery of the Order unless otherwise notified by PINGO such as promotion for free delivery on case by case basis. The user 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 Order. Any costs assessed against or incurred by PINGO in relation to shipping and customs clearance shall be payable by the user.
• The user shall provide a valid and accurate address and contact number on the Platform for delivery. Once the parcel of the applicable Order (“Parcel”) has been assigned with a shipment, the user will not be allowed to modify or change the delivery address or cancel the Order.
• The Logistics Provider assists to ship products anywhere in Malaysia or internationally. When user places an Order, the Logistics Provider will estimate the delivery dates based upon the availability of the Order and the user’s shipment’s destination. Any delivery dates quoted for delivery of the Order are approximate only and delays may occur without prior notice due to any technical or resources problem. In this connection, the user hereby acknowledges and agrees that time is not of the essence for the performance of delivery of Order.
• PINGO will bear all risks attached to the delivery of the Order. In the event where the Parcel is damaged or lost in the course of delivery, PINGO will reach out to the Logistics Provider to resolve such dispute pertaining to any damage, expense, cost or fee resulted therefrom. All damage or loss of the Parcel shall be referred to the Logistics Provider for resolution and/or settlement.
• If the user is unable to accept the delivery of the Parcel personally for whatsoever reason, a representative may accept the delivery on behalf of the user 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 user or its representative may be required to produce proof of identity and the user 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 user if it has any doubts whatsoever as to the user’s and/or its representative’s creditworthiness or insufficient identification.
• In the event where PINGO fails to deliver the Order by the expected delivery date or within thirty (30) days from the date of the order confirmation due to no fault of the user, the user may through the Platform, notify PINGO of such non-delivery or non-performance of the Order within seven (7) days from the failure of delivery (“Notice”). In this connection, the user 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 assess 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 arrange for delivery to the user or allow the user’s refund for the respective order in accordance with PINGO’s Refund Policy.
• In circumstances where the user has submitted a refund application pursuant to Clause 2.9 above and has received a refund, where the Order has been delivered to the user at a later date, the user shall immediately notify PINGO of the receipt of the Order. The title of such Order shall remain with PINGO and the user shall hold and keep the Order on trust for PINGO.
• In connection hereto, PINGO shall have the rights at any time to demand the user to deliver back the Order to PINGO at the cost of PINGO, and the user agrees to cooperate and comply with the collection arrangement determined by PINGO. In the event of any refusal or non-compliance of the user, PINGO shall have the right to claim for the full amount of the Order in question, in addition to all other losses and damages incurred.
• PINGO will make a total of two (2) attempts for delivery. If the delivery of Parcel is delayed due to the user’s unreasonable refusal or failure to accept the delivery (other than any causes beyond the user’s reasonable control or due to PINGO’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 user shall bear all the relevant fees and costs as may be reasonably incurred by PINGO 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, PINGO shall be entitled to resell the Order at the best price readily available and refund the applicable sum paid to the user, after deducting all Additional Costs incurred.

3.   PROOF OF DELIVERY

• At the time of delivery, the user 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 Order to record the physical condition of the Order at the time of delivery (“Proof of Delivery”);
  • inspect the physical condition of the Order to ensure that the Order 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 2.10 above, in the event if the Parcel is to be accepted by the user’s representative, the user 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 user.

• The Logistics Provider shall at the time of delivery, ensure that the user 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 user 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 user agrees and acknowledges that the user or its representative has inspected the Parcel and ensured that the Order is of satisfactory physical condition. In connection thereto, the user shall not later claim for any return, replacement or refund of the same Order by the reason of the Order being unsatisfactory physical condition.
• For the avoidance of doubt, the circumstances in which any Order shall be deemed to be of unsatisfactory physical condition shall be limited to where the Order is (i) spoiled or broken and/or (ii) physically damaged and that the Order cannot be used for its intended purpose subject always that any determination of the physical condition of Order received by user shall be determined by PINGO solely based on the evidence of the Proof of Delivery provided by PINGO's Logistics Provider.
• In the event that the Order received by the user is of unsatisfactory physical condition, the user may refuse to sign the delivery note, reject the respective Order and return the Order to the Logistics Provider directly for its onward transmission to PINGO.
• Subject always to and in accordance with PINGO’s Refund Policy as well as the Policies Terms, the user may after returning the Order to PINGO, through PINGO Platform, submit an application for return, replacement or refund of the Order (as the case may be). PINGO shall have the absolute right and discretion to inspect the Order and to approve or reject the application for return, replacement or refund of the Order.

4.   LIABILITY

• PINGO shall use reasonable endeavours to facilitate the delivery of Order of satisfactory and acceptable quality to the delivery address specified and provided by the user 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 was 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 user as a result of, or in connection with the quality and delivery of the Order. Notwithstanding any other provision of this Delivery Policy and the Policies Terms, in the event where PINGO is responsible for the loss or damage, the total liability of PINGO to the user or to any other third party shall be only limited to the transaction value of such Order.

5.   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.