Terms of Sale

The following Terms of Sale (“Terms”) govern the legal framework for purchasing the Ploom range of products online, as defined below. By assessing and purchasing the Ploom range of products, You have accepted these Terms.

1. Introduction

1.1. The following Terms apply to customer who purchase Ploom range of products (“You/Your”) from Swap being the authorised reseller of the Products via Ploom.my.

1.2. JTI operates Ploom.my as further defined under clause 3.1. (refer to “JTI”)

1.3. Your use of Ploom.my is governed by JTI’s Terms of Use and how Your personal information is used is governed by the JTI’s Privacy Policy and Swap’s Privacy Policy . Please read these documents carefully, as they include important terms which apply to You. By using the services or opening an account (“Ploom Account”), You signify Your irrevocable acceptance of these terms. Your use of the services shall be deemed irrevocable acceptance of these Terms and any such revisions.

2. Formation of contract

2.1. These terms and conditions as amended from time to time and the Terms constitute the entire agreement between the parties. Swap may from time to time amend or update these terms and conditions. Swap will as soon as practicable provide You with the amended or updated terms and conditions. The latest version of these terms and conditions provided to You shall prevail as the legally binding agreement between both parties if You continue to engage in any arrangement, transaction, matter or thing which are covered by the latest version of these terms and conditions provided to You.

3. Definitions

3.1. In this Terms, unless the contrary intention appears:

Approved Territory means Malaysia.

Business Day means any day excluding the weekend and any public holiday in the Territory.

Confidential Information in relation to a Party means all information which is confidential in nature:

(a) disclosed or communicated by the disclosing Party to the recipient Party; or

(b) learnt or accessed by the recipient Party in the course of this Agreement,

but excludes any such information which the recipient Party can establish:

(i) is or became generally available in the public domain otherwise than through a breach of this Agreement or any obligation of confidence owed to the disclosing Party;

(ii) was developed by the recipient Party independently of the disclosure or communication by the disclosing Party or independently of the learning or access in the course of this Agreement; or

(iii) was disclosed or communicated to or learnt or accessed by the recipient Party from a third Party under no obligation of confidence to the disclosing Party in respect of that information.

Force Majeure means any delay or default caused by conditions beyond a Party’s reasonable control including, but not limited to, acts of God, natural (including earthquakes, floods, fire, and plague), terrorism, wars, riots or other major upheaval, government disasters restrictions. 

Intellectual Property Rights means patents, trademarks, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing, trade or business names, copyright (including rights in computer software) and topography rights, inventions, know-how, secret formulae and processes, lists of suppliers and customers and other proprietary knowledge and information, internet domain names, rights protecting goodwill and reputation, database rights and all rights and forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world and all rights under licenses and consents in respect of any of the rights and forms of protection set out in this definition.

JTI  means JT International Trading Sdn. Bhd as the importer of the Ploom range of Products and operates Ploom.my.

Ploom Care Team means the service support team provided via the Website.

Products means all Ploom product and related products which are sold on the Ploom.my.

Swap means Swap Logistics Distribution Sdn. Bhd. (Co. No: 200501010046 (687093-H)).

SST means Sales and Services Tax

Territory means Malaysia.

Website means Ploom.my.

4. Interpretation

4.1.   In this Agreement, unless the contrary intention appears:-

1.1.1.  a reference to this Agreement or another instrument includes any amendment or replacement of either of them;

1.1.2.  the singular includes the plural and vice versa;

1.1.3.  a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes (including persons taking by novation) and assigns;

1.1.4.  a reference to a statute includes all regulations made under it and amendments, consolidations, replacements or re-enactments of any of them;

1.1.5.  if a period of time is specified and dates from a given day or the day of an actual event, it is to be calculated exclusive of that day;

1.1.6.  where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;

1.1.7.  headings are for reference only and do not form part of this Agreement;

1.1.8.  the words “including” and “include” mean “including, but not limited to”; and

1.1.9.  Swap and You are collectively referred to as “Parties” and individually referred to as “Party”.

4.2.   No rule of construction shall apply to this Agreement which construes ambiguous or unclear language in favour of or against a Party by reason of that Party’s role in drafting this Agreement.

5. Products

5.1.   The Products are intended for adult smokers aged 18 years and above only and are sold on the Website solely to smokers and vapers aged 18 years and above who are resident in Malaysia. The range of Products listed on the Website may at any time be changed or permanently withdrawn.

5.2.   The Products and its packaging may vary slightly from that shown in images displayed on the Website. The Products and packaging may also be different from the images on the Website to comply with Malaysian laws and regulations as well as to implement technical adjustments and enhancements to the Products and packaging.

6. How to place an order

6.1. By purchasing the Products via the Website, You warrant to us that:

6.1.1. You are purchasing such Products for Your personal consumption and not for business or commercial purposes (including for sale or resale);

6.1.2. You are of the age of eighteen (18) years old and above; and

6.1.3. You are legally capable of entering into binding contracts.

6.2. Once Your age has been verified upon entering the Website, placing an order is a simple process using the following steps:

6.2.1. Create a Ploom Account: No guest purchases are permitted. You will need to create a Ploom Account to place orders. Simply click 'create account' and follow the prompts. You are required to provide personal information such as:

a) Name;

b) email address;

c) date of birth;

d) delivery address;

e) phone number;

6.2.2. Ordering online: Simply select the Products You wish to purchase on the Website, by clicking "Buy now/Shop now" > "Add to cart" > "Checkout" and input Your payment details by following the simple steps on screen. Clicking "Continue" on the ‘payment method’ page will complete Your order. If You wish to order more than one Products then simply click "Continue Shopping" and add any additional Products to Your basket before clicking “Checkout”.

6.3. Completion of Your order is subject always to availability of the Products and others. Swap acceptance of Your order will take place upon the confirmation of payment made via the appointed online payment gateway.

6.4. From this point on, the order can no longer be cancelled by you.

6.5. If You wish to make changes to Your order details such as delivery address, kindly contact Ploom Care Team at 1800 228 338 as soon as possible. No changes can be made once Your order is shipped.

6.6. An order number will be assigned to Your order which will be included in the order confirmation email. Please quote the order number whenever You contact Ploom Care Team about Your order.

6.7. If Swap is unable to accept Your order, You will be informed of this and You will not be charged for the Products. This might be because the Products is no longer available, out of stock, because You failed the age verification process, exceeded maximum order values, because an error has been identified in the price or description of the Products or because Swap is unable to fulfil the order based on requests made by You such as delivery date and place.

6.8. All Products prices are shown in Malaysian Ringgit (MYR) and are inclusive of taxes such as SST. If the rate of tax changes between the date of Your order and the date of delivery, Swap will adjust the tax You pay, unless You have already paid for the Products in full before the change in tax takes effect

6.9. Maximum order value. Swap reserves the right to decline orders over MYR 500.

7. Payment

7.1. Swap uses iPay88 as the appointed online payment gateway (“Payment Gateway”) which supports payment via credit cards, online banking, e-wallets and bank transfer. As such, You are able to choose the suitable payment method while doing the purchase.

7.2. Upon checkout, You able to choose the suitable payment method for Your purchase.

7.3. Payment is considered successful once You have received the notification of the same.

8. Delivery

8.1. The costs of delivery will be as displayed to You upon checkout as below:

8.1.1. Free of charge if Your order is MYR 50 or above (after any usage of promo codes and discounts including Ploom points redemption).

8.1.2. MYR 8.65 (including SST) if Your order is below MYR 50 (after any usage of promo codes and discounts including Ploom points redemption).

8.2. To get Your delivery tracking number, log in to Your Ploom Account and it can be found in "My Order" section once Your order is dispatched.

8.3. The delivery shall only be received by a person who shall be 18 years of age or above with valid identification. A proof of delivery shall be signed by the recipient and a copy of the same shall be extended to the recipient.

8.4. Please be advised that the requirements set forth in Clause 8.3 must be strictly adhered to; failure to do so will result in the inability to proceed with the delivery.

8.5. Upon Your order confirmation, expect Your order to be delivered within:

8.5.1.  1 – 5 working days for West Malaysia

8.5.2.  3 – 7 working days for East Malaysia

8.6. If Swap is unable to supply You with Your Products within this timeframe, Swap will contact You to let You know and give You a revised delivery date. Alternately, You may contact 1800 228 338 or write using the contact us form if You want to cancel Your order.

9. Return & Replacement

9.1. Upon receipt of the Products, You shall inspect the Products and refuse to accept if any visible defects are spotted upon delivery.

9.2.  Ploom Care Team will reach out to You once Swap has notified them about the rejection.

9.3. If You fail to do so and agree to receive the Products, the delivered Products shall be deemed accepted. Acceptance shall in any case be deemed to have been given unless You submit a notice of defect within thirty (30) days of delivery.

9.4. Defects that could not be detected during proper inspection must be reported immediately to Ploom Care Team after discovery, otherwise the delivered Products shall be deemed accepted which amounting to acceptance of these defects.

9.5. If the product purchased is faulty, damaged, or incorrect, JTI may offer You a replacement or refund as provided in Clause 10.2 below, this is subjected to Ploom Product Warranty. This applies to all Ploom device sold across all touchpoints in Malaysia.

9.6. All Ploom devices are eligible for a 30-day right of withdrawal upon the date of purchase (date of delivery for Ploom.my purchases) if You change Your mind and wish to return the device and get a refund. Any request made after 30 days will not be receiving a refund.

9.7. Products with faults due to normal wear and tear or damage caused by misuse will not be replaced free of charge and no refunds will be given.

9.8. Please contact Ploom Care Team at 1800 228 338 if You would like to initiate a replacement or return based on the above. However, JTI reserves the final right to accept or refuse Your request, to the maximum extent permitted by law.

9.9. When replacing or returning a Product, Ploom Care Team may request You to return the physical Products via pick up or drop off and instructions will be provided accordingly. You may also be asked to provide Your personal details such as pick up address for the return.

9.10. Any costs associated with replacement of faulty Products will be covered by JTI. This will include the cost of return delivery of the Products.

10. Refunds

10.1. You are entitled to a refund in the following circumstances:

i) Refund due to faulty, damage or incorrect Products.

ii) Refund due to inability to fulfil the order.

iii) Refund due to withdrawal.

10.2. Refund due to faulty, damage or incorrect Products

a) In the event where You facing scenario as mention in Clause 9.5 above, You are entitled for refund subject to the Terms herein.

b) In order to obtain a refund, You are required to report Your complaint to Ploom Care Team at 1800-228-338. Upon confirmation of such complaint, JTI will then instruct Swap to collect the faulty products for our inspection and verification.

c) You will only be refunded after JTI has received confirmation from Swap on the condition of the Products.

d) In the event JTI rejects the complaint, no replacement or refund will be given to You.

10.3. Refund due to inability to fulfil the order

a) Following are the circumstances whereby Swap will be unable to fulfil Your order:

i) where the Products is no longer available,

ii) where the Products is out of stock,

iii) where You have failed the age verification process,

iv) where Your order exceeded maximum order values;

v) where an error has been identified in the price or description of the Products;

vi) where Swap is unable to fulfil the order based on requests made by You such as delivery date and place

b) In the event Your order falls under the circumstances mentioned in (a)(i) until (a)(vi), You are entitled for a refund.

c) Ploom Care Team will contact You to informed of this and process Your refund.

10.4. Refund due to withdrawal

a) As provided under Clause 8.6, all Ploom range of Products are entitled to 30 days right to withdraw in the event You change Your mind. This allows You to be entitled for a refund.

b) It should be noted that this right shall only applicable if You return the Products within 30 days from the date of delivery of the Products. Any request made after 30 days will not be entitled for a refund.

10.5. Any refund mentioned herein may be made via the same payment method (original payment method) used by You when purchasing the Products as soon as practicable.

10.6. If the method You used for payment has expired in the intervening period, Ploom Care Team will contact You to obtain additional details to arrange Your refund.

10.7. For purchases made on other touchpoints, refunds will be made via Bank Transfer and please expect Ploom Care Team to request Your bank details upon approval.

10.8. PLEASE NOTE: refunds can take up to 30 working days to clear from the point of processing, although timings may vary depending on Your banking provider. Products returned by You shall no longer be Your property. Any right to rescission or price reduction is excluded.

10.9. You acknowledge and agree that upon issuance of such refund, You shall have no further right or claim against Swap in connection with such refund.

11. Product Warranty

11.1. JTI offers You a 12-month Products warranty on all Products purchased directly from any official online and offline Ploom sale channels in Malaysia such warranty shall commence from the date of delivery of the Products (“Warranty Period”).

11.2. Further information on the Product warranty can be found here.

11.3. Please contact Ploom Care Team at 1800-228-338 to claim for the warranty.

12. Intellectual Property

12.1. All Intellectual Property Rights of the Products, whether patents, trademarks, service marks, design rights (register-able or otherwise), applications for any of the foregoing, copyright, know-how, trade or business names and any other similar rights or obligations in any country (register-able or not) in and relating to this Terms shall remain the JTI’s property. You undertake not to interfere with or diminish, whether by act or omission, Swap title and interest herein.

13. Limitation of liability & indemnity

13.1. All liability and indemnification for damages, including indirect or third-party damages, in connection with the Products is excluded to the fullest extent permitted by applicable law. In particular, to the maximum extent permitted by law, no warranty, liability or indemnification will be accepted for damage of any kind resulting from inability to deliver or delayed delivery, provision of an incorrect delivery address or theft or other incidents in connection with delivery of Products.

14. Force Majeure

14.1. If the performance of this Terms or any obligations under this Terms are prevented, restricted, or interfered with by reason of acts of God, acts of a governmental authority, riot, revolution, flood, fires, pandemic, terrorist acts, sabotage, war, communications delay, or other cause beyond the reasonable control of the Parties (“Force Majeure”), Swap shall be excused from performance during the period that the Force Majeure continues, provided that the Party so affected shall, as soon as possible, continue performance hereunder whenever such causes of non-performance are removed.

14.2. In the case of a Force Majeure, Swap shall as soon as practicable notify You in writing.

15. Confidentiality

15.1. You shall maintain the confidentiality of Your username and password and be responsible in restricting access to Your computer and Ploom Account. All activities occurring under Your Ploom Account including use of Your username or password shall be Your sole responsibility.

16. Governing Law

16.1. These Terms are governed by Malaysian law and subjected to the jurisdiction of Malaysian Courts.

17. Language

17.1. In the event of any conflict between the English version and the Malay version of these Terms, the English version shall prevail.

18. Notices

18.1. Any notice or communication may be given by Swap to You in any of the following ways: -

a) by dispatching the same by courier or hand to Your last known address in Swap record, which shall be deemed to be received by or communicated to You on the date of delivery;

b) by posting the notice on the Website;

c) by posting the notice to You by way of an ordinary or registered post to Your last known address in Swap’s record, which shall be deemed to be received by or communicated to You three (3) days after the date of posting of the notice to You by ordinary or registered post;

d) by sending the notice by short message service, voice mail, electronic messages or electronic mail to Your mobile phone number or email address, which shall be deemed to be received by or communicated to You upon completion of the transmission;

e) by contacting and/or notifying You by telephone at Your telephone number in Swap’s record of the notice, which shall be deemed to be received by or communicated to You immediately after the telephone call; or

f) by any other methods as Swap deems fit.

18.2. All notices or communication given by You to Swap shall be deemed to have been received by Swap at the time of actual receipt by Swap.

19. Contact us

19.1. If You have any questions regarding the Terms, please contact our Ploom Care Team at 1800-228-338 or reach out to us via Contact Us form to get in touch.

Last updated: 19th December 2024