Welcome to VISTA THRIVE SDN. BHD. These Terms and Conditions govern your access to and use of our website, products and related services. By visiting our website, creating an account, placing an order or purchasing any product from us, you confirm that you have read, understood and agreed to be bound by these Terms and Conditions.
If you do not agree with any part of these Terms and Conditions, you should discontinue using our website and services.
1. Definitions
For the purposes of these Terms and Conditions, “Company,” “We,” “Us” and “Our” refer to VISTA THRIVE SDN. BHD., while “Customer,” “You” and “Your” refer to any individual or organisation that accesses our website, creates an account, places an order or purchases a product from us.
“Goods” refers to the coffee, tea, beverages, food products, syrups, canned products, grocery items and other products offered for sale through our website. “Order” refers to a request submitted by You to purchase Goods from Us. “Service” refers to our website, online store, products, customer support and related services.
2. Acceptance of Terms
By accessing or using our website, You confirm that You are legally capable of entering into a binding agreement. If You are under the age of 18, You may only use the website with the involvement and permission of a parent or legal guardian.
These Terms and Conditions apply to all visitors, registered customers and purchasers. Additional policies published on our website, including our Privacy Policy, Shipping Policy and Return, Refund and Exchange Policy, form part of these Terms and Conditions.
3. Website Use
You may use our website only for lawful personal or commercial purchasing purposes. You must not use the website in any manner that violates applicable law, interferes with its operation, damages its security or affects another person’s ability to use it.
You must not attempt to gain unauthorised access to our website, server, database, customer accounts or administrative systems. You must also not upload malicious software, transmit harmful code, scrape information without permission, submit fraudulent orders or use false information.
We reserve the right to suspend or restrict access to our website where We reasonably believe that a user has violated these Terms and Conditions or engaged in suspicious, harmful or fraudulent activity.
4. Customer Accounts
Certain features may require You to create a customer account. You are responsible for ensuring that all information submitted during registration is complete, accurate and current.
You are responsible for keeping Your username, password and account information confidential. Any activity performed through Your account will be treated as authorised by You unless You notify Us promptly of suspected unauthorised access.
We may suspend or terminate an account containing inaccurate information, fraudulent activity, abusive conduct or any violation of these Terms and Conditions.
5. Product Information
We take reasonable care to provide accurate descriptions, photographs, prices, ingredients, quantities, weights and specifications. However, actual packaging, colour, design and appearance may vary slightly due to photography, screen settings, manufacturer updates or differences between production batches.
Manufacturers may update product packaging or labels without prior notice. A minor packaging difference will not be considered a defect if the product’s essential identity, flavour, size and specifications remain substantially the same.
Customers should read the product information and actual packaging before consumption. Information on our website is provided for general reference and should not replace the manufacturer’s label or professional medical and dietary advice.
6. Ingredients, Allergens and Dietary Requirements
Customers are responsible for reviewing the ingredients, allergen information, nutritional information, dietary suitability and preparation instructions before purchasing or consuming a product.
Products may contain or have been manufactured in facilities that handle common allergens, including milk, nuts, peanuts, soy, wheat, eggs and other ingredients. Customers with allergies, intolerances, medical conditions or special dietary needs should carefully review the actual product packaging and consult an appropriate professional when necessary.
We are not responsible for an allergic reaction or adverse effect resulting from a customer’s failure to review the available information, a known allergy or sensitivity, improper preparation, excessive consumption or use contrary to the manufacturer’s instructions. Nothing in this clause excludes liability that cannot lawfully be excluded.
7. Product Availability
All products are offered subject to availability. Adding a product to Your cart does not reserve the product or guarantee that it will remain available until payment and order confirmation are completed.
If a product becomes unavailable after an order has been placed, We may contact You to offer a suitable replacement, remove the unavailable product from the order or cancel the affected portion of the order. Any applicable refund will be issued through the original payment method whenever reasonably possible.
We may limit the quantity of a product purchased by a customer, particularly during promotional periods, stock shortages or suspected resale activity.
8. Prices and Payment
All prices displayed on our website are stated in Malaysian Ringgit unless otherwise indicated. Prices may be amended without prior notice, but a price change will not normally affect an order that We have already accepted.
The total amount payable will be displayed before You confirm the order. You are responsible for reviewing the products, quantities, delivery information, discounts and final amount before submitting payment.
Payment must be made using an accepted payment method displayed during checkout. An order will not be treated as accepted merely because payment was submitted. Acceptance occurs when We confirm or begin processing the order.
If a price is clearly incorrect because of a technical, typographical or system error, We may cancel the affected order and issue an applicable refund. We are not required to supply a product at an obviously incorrect price.
9. Orders and Order Acceptance
Placing an order constitutes an offer by You to purchase the selected Goods according to these Terms and Conditions. We reserve the right to accept or reject an order at our reasonable discretion.
An automatic order confirmation only acknowledges that We received Your order and does not necessarily constitute final acceptance. We may reject or cancel an order due to product unavailability, incorrect pricing, payment failure, suspected fraud, delivery restrictions, incomplete customer information or other circumstances preventing fulfilment.
You must provide accurate billing, contact and delivery information. We are not responsible for delays, failed delivery or additional costs caused by incorrect or incomplete information provided by You.
10. Order Cancellation
Customers may request to cancel an order within 12 hours after placing it, provided that the order has not already been processed, packed, dispatched or handed over to the delivery provider.
A cancellation request is not automatically approved. Once preparation or delivery has started, the order can no longer be cancelled and will be handled according to our Return, Refund and Exchange Policy.
Bulk orders, specially sourced products and customised orders cannot be cancelled after procurement or preparation has begun. Approved cancellation refunds will be issued through the original payment method, although transaction fees or other costs already incurred may be deducted where permitted by law.
11. Delivery
Delivery is subject to the terms stated in our Shipping Policy. Any estimated delivery period is an estimate and does not constitute a guaranteed delivery date unless We expressly confirm otherwise in writing.
Delays may occur because of weather, traffic, public holidays, delivery-provider disruptions, incorrect addresses, high order volumes or other circumstances outside our reasonable control.
Customers are responsible for ensuring that someone is available to receive the parcel where required. Additional delivery charges resulting from an incorrect address, failed delivery attempt or refusal to accept the parcel may be charged to the customer where permitted.
Risk in the product generally passes to You upon successful delivery to the address provided in the order. Ownership passes after We have received full payment for the product.
12. Inspection Upon Delivery
You should inspect Your order as soon as reasonably possible after delivery. If the parcel appears damaged, opened, wet or tampered with, You should photograph the parcel before opening it and record a continuous unboxing video where possible.
Any damaged, incorrect, incomplete, expired or unsealed product should be reported promptly with Your order number, photographs, packaging details, expiry date and batch number.
You should retain the affected product and all original packaging until the matter has been reviewed. Products suspected of contamination or spoilage should not be consumed.
13. Returns, Refunds and Exchanges
All returns, refunds and exchanges are governed by our separate Return, Refund and Exchange Policy. Consumable products must generally remain unopened, unused, properly sealed and in their original packaging to qualify for a change-of-mind return.
Opened or partially consumed food and beverage products cannot ordinarily be returned for health and hygiene reasons unless the product was damaged, spoiled, contaminated, expired or otherwise defective upon delivery.
A customer’s personal dislike of a product’s taste, smell, sweetness, texture or flavour is not considered a product defect.
Approved refunds will generally be issued through the original payment method. The time required for the refunded amount to appear may depend on the customer’s bank, card issuer or payment provider.
14. Promotions and Discount Codes
Promotions, vouchers, discount codes and special offers are subject to their stated validity periods and conditions. Unless expressly stated otherwise, promotional offers cannot be combined, exchanged for cash or applied after an order has been completed.
We may cancel or reject a discount obtained through technical errors, unauthorised use, duplication, manipulation or fraudulent activity.
If a product purchased using a discount is refunded, the refundable amount will be based on the actual amount paid. A used promotional code may not be reissued after an order is cancelled or returned.
15. Intellectual Property
All website content, including logos, branding, text, product presentation, graphics, photographs, videos, page layouts and design elements owned by or licensed to VISTA THRIVE SDN. BHD., is protected by applicable intellectual property laws.
You may access and use the website for personal, non-commercial purposes. You may not reproduce, copy, modify, republish, distribute, sell or commercially exploit our content without prior written permission.
Third-party product names, trademarks and logos remain the property of their respective owners. Their appearance on our website does not transfer any ownership or licence to You.
16. Customer Reviews and Submitted Content
If You submit a review, photograph, comment, suggestion or other content, You confirm that the content is accurate, lawful and does not infringe the rights of another person.
You must not submit content that is defamatory, abusive, fraudulent, obscene, discriminatory, misleading or unrelated to the product or Service.
We may moderate, refuse or remove submitted content that violates these Terms and Conditions. By submitting content, You grant Us a non-exclusive right to display and use it for operating and promoting our website, subject to applicable law.
17. Third-Party Services and Links
Our website may contain links to third-party websites or use services supplied by payment processors, delivery companies, analytics providers and other service providers.
We do not control independent third-party websites and are not responsible for their content, availability, security or practices. Your use of a third-party service may be subject to that provider’s own terms and privacy policies.
A link to another website does not necessarily constitute our endorsement of that website, its products or its services.
18. Privacy and Personal Data
We may collect and process personal information necessary to operate the website, fulfil orders, process payments, arrange delivery, provide customer support, prevent fraud and comply with legal obligations.
Personal data will be handled in accordance with our Privacy Policy and applicable Malaysian data-protection requirements. Malaysia’s Personal Data Protection Act regulates personal-data processing in commercial transactions, and its terminology and requirements were updated through the 2024 amendments. Department of Personal Data Protection, Personal Data Protection (Amendment) Act 2024
You are responsible for ensuring that personal information supplied to Us is accurate. If You provide another person’s information, You confirm that You have authority or permission to do so.
19. Website Availability
We aim to keep our website accessible and functioning correctly, but We do not guarantee uninterrupted or error-free availability. The website may occasionally be unavailable due to maintenance, updates, technical issues, security incidents or circumstances beyond our control.
We may modify, suspend or discontinue any part of the website or Service where reasonably necessary. We will not be liable for temporary interruption unless such liability cannot lawfully be excluded.
20. Disclaimer of Warranties
To the fullest extent permitted by law, the website and its content are provided on an “as available” basis. We do not guarantee that all website content will always be complete, current or free from typographical or technical errors.
Any product warranty provided by a manufacturer is subject to the manufacturer’s applicable terms. Nothing in these Terms and Conditions excludes any guarantee, right or remedy that cannot be excluded under Malaysian law.
21. Limitation of Liability
To the fullest extent permitted by law, VISTA THRIVE SDN. BHD. will not be liable for indirect, incidental, special or consequential loss resulting from the use of our website, delay in delivery, loss of access, misuse of a product or reliance on general website information.
We will not be responsible for loss resulting from incorrect information supplied by the customer, improper storage, consumption after the expiry date, failure to follow product instructions, known allergies or events outside our reasonable control.
Where liability cannot legally be excluded, our liability will be limited only to the extent permitted by applicable law. Nothing in these Terms and Conditions excludes liability for fraud, wilful misconduct or any statutory consumer right that cannot legally be excluded.
22. Indemnification
To the extent permitted by law, You agree to indemnify VISTA THRIVE SDN. BHD. against reasonable claims, losses, liabilities and expenses arising from Your unlawful use of the website, violation of these Terms and Conditions, infringement of another person’s rights or misuse of a product.
This clause does not apply where the claim or loss results directly from our own negligence, unlawful conduct or breach of a mandatory legal obligation.
23. Force Majeure
We will not be responsible for delays or failures caused by events beyond our reasonable control, including natural disasters, severe weather, fire, flood, epidemic, government action, labour disruption, transportation interruption, telecommunications failure, cyberattack or delivery-provider disruption.
Where such an event occurs, We may suspend or extend the affected obligation for a reasonable period. If fulfilment becomes impossible, We may cancel the affected order and issue an appropriate refund.
24. Suspension and Termination
We may suspend or terminate access to our website or services if You breach these Terms and Conditions, engage in fraudulent activity, abuse our policies, threaten our staff or use the website in a harmful or unlawful manner.
Termination does not affect any rights, payment obligations or liabilities that arose before termination.
25. Changes to These Terms
We may update these Terms and Conditions to reflect changes to our products, operations, website, policies or legal requirements. Updated Terms will take effect when published on our website unless otherwise stated.
Your continued use of the website after the revised Terms are published constitutes acceptance of the updated Terms. The version in effect when an order is placed will generally apply to that order unless a change is required by law.
26. Severability
If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, that provision will be limited or removed only to the minimum extent necessary. The remaining provisions will continue to remain valid and enforceable.
27. No Waiver
A delay or failure by Us to enforce any provision of these Terms and Conditions does not constitute a waiver of that provision or any other right.
Any waiver must be clearly confirmed by Us in writing and will apply only to the specific circumstances for which it was given.
28. Entire Agreement
These Terms and Conditions, together with the policies expressly incorporated into them, constitute the entire agreement between You and VISTA THRIVE SDN. BHD. concerning Your use of the website and purchase of Goods.
They replace any previous discussions, representations or agreements relating to the same subject matter, except where otherwise agreed in writing.
29. Governing Law and Jurisdiction
These Terms and Conditions, and any separate agreement through which We provide products or services, shall be governed by and interpreted in accordance with the laws of Malaysia, without regard to conflict-of-law principles.
Any dispute, controversy or claim arising from the use of this website, an online transaction, these Terms and Conditions or their breach, termination or validity shall be subject to the jurisdiction of the courts of Malaysia.
Nothing in this section limits any mandatory consumer right, remedy or dispute-resolution option available under Malaysian law.
30. Contact Information
Questions regarding these Terms and Conditions may be directed to:
VISTA THRIVE SDN. BHD.
Registration No.: 202401043722 (1589568-U)
Email: vista_thrive@outlook.com
Telephone: +60 17-274 3512
Address: No. 11, Lorong 7D, Bekas Tapak Maha, Taman Dato’ Harun, 46000 Petaling Jaya, Selangor, Malaysia.