The term ‘Cream Factory Alpha Sdn Bhd’ or ‘Cream Factory’ or ‘we’ or ‘us’ refers to the owner of the website whose principal place of business is at NO. 72-1, JALAN SS15/4D, 47500 SUBANG JAYA, SELANGOR. Our company registration number is 202101036301 (1436601-P).
The term ‘you’ refers to the user or viewer of our website.
If you do not agree to these terms and conditions, you should not use or access this website. Cream Factory reserves the right to revise these terms and conditions at any time by updating this page. Please visit this page each time you enter this site as your continued usage and access of this site after we change the terms and conditions on this page will constitute acceptance to these changes.
Pictures shown on our website are for illustration purposes only. The selling price as quoted on the website does not include other add-ons.
- All frozen products (including Gelato) is stored in the freezer.
- Access to our website and to our service are permitted on a temporary basis, and we reserve the right to withdraw or amend access to our website or our services without notice. We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts our website or our services, or our entire website or services to users who have registered with us. You are responsible for maintaining the confidentially of your order details and any activities that occur under your account.
- You may use our website only for lawful purposes. You may not use our website or our services in any way that breaches any applicable local, national or international law or regulation. You also agree not to access without authority, interfere with, damage or disrupt any part of our website or our services or any network or equipment used in the provision of our services.
- We are the owner of or the licensee of all intellectual property rights in our website and our services, and in the material published on it. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
- We have taken every care in the preparation of our website. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our website. If we are informed of any inaccuracies on our website, we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our website, our services, and any website linked to our website and any materials posted on it.
- Order Acceptance Policy
All orders and other requests received are subject to acceptance by Cream Factory, and any of its personnel, reserve the right, at our absolute discretion, to reject any order. In the event of rejection, we will refund or cancel any payments received in full, via the payment method used to place the order.
- Pick up, Delivery and Refund Policy
You can choose two (2) ways to get your hands on our dessert offerings;
- Pick up
- Pick up services are free of charge.
- Pick up services are only available during selected Cream factory outlet opening hours.
- Payment may be required on order confirmation.
- Please present your order confirmation statement for verification during pick up.
- No refunds will be provided for any pick up orders that are cancelled or changed less than 48 hours prior to the pick up timing.
- Delivery services are available on a case by case basis.
- Delivery services are only available for selected areas in the Klang Valley region.
- All our products will be delivered by a third-party logistics company. During the delivery transit all responsibility will be passed between the logistics company and the customer.
- Our delivery partner’s coverage area could change from time to time without prior notice. If you have placed an order and your address is outside of our delivery coverage area, our company has the right to cancel and refund any order placed, with prior notice given to the customer.
- Your order will be delivered to you on your selected date, and in the event our delivery partner fails to deliver, we will fully refund the money you have paid upon your request with the condition that the items have not been received.
- Delivery could be earlier or later than your preferred time slot as all deliveries are subjected to traffic condition, weather, and other unforeseen circumstances. Neither the delivery company nor our company will be responsible or compensate for any loss incurred in the delay of delivery date or time.
- Neither the delivery company nor our company will be responsible for any mistakes or delays caused by the customer such as incomplete address, incorrect contact number, or any other incorrect details provided by the customer.
- If there is no one available at the customer’s stated address to receive the order at the chosen delivery timing, the order is deemed to be cancelled and no refund shall be provided.
- You are also to ensure that on the delivery date, the receiver mobile number is reachable. The driver would need to call the receiver at the delivery address to hand over the item, and there may a need for the driver to contact you (sender and recipient) when they are not able to locate the address you provided and thus need your guidance. In such case if the receiver’s contact number is not reachable or unanswered, we or our delivery partner will not be responsible for any delay caused by such reasons or circumstances similar to the above.
If you encounter any issues with your order, please call us at +6017 385 5181 within 24 hours of your pick up or delivery. We are available every Monday – Friday, 9am – 6pm.
To be eligible for a refund, you should report your case within 24 hours upon delivery or pick up of your order and any refund is subject to a mandatory review and investigation process by our management team. The products should also remain the same way as delivered. When filing your report, kindly provide us with your order number and several pictures of the defective products.
Cream Factory reserves the right to review any request for refund, cancellation of order and amend the terms and conditions governing our refund policy from time to time.
- Circumstances beyond our control
Adverse weather conditions
During adverse weather conditions (including heavy rain, storm, typhoon, and flood), our delivery partners may not be able to deliver orders on time. This is outside of our control and we cannot accept responsibility for the late delivery of the order. In the event of adverse weather conditions, we will endeavor to contact you as soon as practicable to inform you of the delay.
Cream Factory shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: (i) Acts of God, (ii) outbreak of hostilities, riot, civil disturbance, acts of terrorism, (iii) the act of any government or authority (including refusal or revocation of any licence or consent), (iv) fire, explosion, flood, fog or adverse weather, (v) power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles, (vi) default of suppliers, sub-contractors or delivery partners, (vii) theft, malicious damage, strike, lock-out or industrial action of any kind, and (viii) any cause or circumstance whatsoever beyond Cream Factory’s reasonable control.
- Offers and Promotion Codes
- At our discretion, from time to time, we may offer products at discounted prices. Such offers are only valid from start of the offer period to the end date of the offer period and they cannot be used for purchases before the offer introduction date or after the offer end date.
- In the event that a customer has made a purchase and the price of the purchased product subsequently falls or is discounted owing to a special offer, the price of the product at the time of purchase shall prevail. We are unable to offer special offer discounts for purchases that have already been made.
- As our special offers are contingent on availability, we may change the terms of special offers, or withdraw them altogether, at any time, and without prior notice.
- We also reserve the right, at our absolute discretion, to offer different personalized special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.
- Discounts and credits cannot be used in conjunction with any other offers.
- Unless otherwise stated, we only allow one promotion code to be used per order.
- Governing Law
The use of www.creamfactory.com.my and these Terms and Conditions shall be governed by and construed in accordance with Malaysian law and you hereby submit to the exclusive jurisdiction of the Malaysian courts.