Terms of Sale
1. INTRODUCTION
1.1 The following terms & conditions (“Terms of Sale”) will apply to any purchase you make from Ibupreneur and its lawful successors and assigns (individually and collectively "Ibupreneur", "we", "us" or “our”) of products (“Products”) on our website (”Site”). If you purchase any Products, you will be deemed to have consented to the terms and conditions described in these Terms of Sale, as well as any other terms and conditions set out in any of our Products listing, whenever you make a purchase from our Site.
1.2 These Terms of Sale shall supplement any other terms and policies of Ibupreneur published in the Site, of which these Terms of Sale form a part – please read the Terms of Use and our Privacy Notice/Policy available on the Site as they contain important information regarding your rights and obligations. Any terms that are used in these Terms of Sale that are not defined here will have the meanings given to such terms in the Terms of Service and/or any other applicable policy.
1.3 All terms and conditions described in these Terms of Sale are subject to change at our discretion pursuant to the Terms of Use and these Terms of Sale.
2. YOUR STATUS
2.1 By purchasing any Products, you warrant to us that:
(i) you are purchasing such Products for your personal consumption and not for business or commercial purposes (including for sale or resale);
(ii) you are at least eighteen (18) years old; and
(iii) you are legally capable of entering into binding contracts.
3. ORDERING PRODUCTS
3.1 The display or listing of our Products in the Site is an invitation to treat and does not constitute an offer for sale. When you place an order to purchase our Products, your order shall be deemed an offer to purchase the Products from us. We have absolute discretion to reject your order without any reason provided though we may where possible provide an explanation. Your order is deemed accepted only when we inform you that we have accepted your order. Each order accepted by us shall constitute a separate contract.
3.2 Any Products purchased online may not be in stock even after order confirmation. If we are unable to fulfill your order in accordance to our Terms of Sale or Terms of Use, the order or contract is deemed frustrated and we will contact you to refund your payment if already made. You agree that in such a case, to waive any claims for damages from us and your remedy is the full refund of your payment as full and final settlement.
3.3 You cannot cancel your order once we accept your order because the Products are made to order. However, we reserve the right to cancel your order without providing any reason and thereafter refund you the price of any Products for which you have paid without interest (in lieu of delivery or supply of such Products), even after we have informed you that your order has been accepted and payment has been received by us. In such a case you agree to waive any claims for damages from us and your remedy is the full refund of your payment as full and final settlement.
3.4 Any accepted Order which is delayed for less than 3/5/7 days shall not entitle the Buyer to cancel the Order. We shall communicate promptly if a delay is unavoidable to the buyer, but at no time are we obliged to provide a specific reason for such delay.
4. PRICE
4.1 The price of our Products (subject to any unintended administrative error) shall be as displayed in our Site.
4.2 If we discover that the price of Products you have ordered is erroneous or inaccurate, we shall inform you as soon as possible and thereafter provide you the following option
proceeding with your order at the correct price
or cancelling it.
If we are unable to contact you, your order will be treated as cancelled, and (if payment has been made) we will refund you in full. In such a case you agree to waive any claims for damages from us and your remedy is the full refund of your payment as full and final settlement.
4.3 All prices are stated in Ringgit Malaysia and shall inclusive of Sales and Service Tax (SST).
5. WARRANTIES
5.1 We warrant our Products shall meet the standards set under prevailing laws which applies to us and in accordance to the limits set forth in this Terms of Sale to the full extent permitted by law. However, due to technology limitation and potential administrative errors, the images and data or information on the Products on our Site are offered or provided on an "as-is" and "as-available" basis. We do not warrant that the availability, description, images and prices of the Products stated on our Store are accurate and complete. We will not be liable in any way for inaccuracy and incompleteness in relation to the availability, description, images and prices of the Products or any data or information pertaining to them on our Site.
6. RISK
6.1 Risk of damage to, destruction (whether partial or full) or loss of, the Products shall be deemed to pass to you at the time of delivery to you (or your authorized representative) at your stated delivery address or any alternate address or location provided by you. You shall inspect the Product immediately upon receiving, to confirm if there is any defect or damage. Where our delivery agent/delivery partner is instructed to take a photograph of the Products being delivered to you, you hereby agree to allow our delivery agent/delivery partner to take a photograph image of you with the Products/including your address upon delivery.
6.2 Notwithstanding delivery and the passing of risk in the Products or any other provision of these Terms of Sale, title to the Products shall not pass to you until we have received in cash or cleared funds payment in full of the price of the purchased Products.
7. REFUNDS
7.1 Refunds shall be subject to this Terms of Sale.
We will refund your payment following cancellations under situations covered in Clause 3.3, 3.3 and 4.2 of this Terms of Sale.
We will refund your payment where such payment by you was made wrongly or by error.
We will refund your payment where we have failed to deliver the Products to you due to failures in our delivery arrangement/failure of our delivery partner. However, we will not refund under this heading if such failure to deliver is caused by:
No one is present at the delivery address to receive the Products.
The address location is not sufficiently accessible for delivery – eg. Locked perimeter gate.
You being uncontactable by the delivery agent/delivery partner.
You providing a forwarding address which does not receive the Products delivery.
We will refund you if the Products purchased and delivered are unfit for consumption under the law – example: moldy, contains foreign object, insect infestation; damaged in transit; damaged packaging exposing the Products; however, we reserve the right to investigate the condition of the Products, and to involve experts or authorities before making a decision to refund. You agree that taste criteria -example; too sweet, too salty, too spicy, too soft or hard; which pertains to individual preference does not comply with our definition of unfit for consumption.
If by any chance you happen to experience any of these situations, we will need you to email us at hello@ibupreneur.co or contact us at +60 11-2118 8495 and we will process your refund request. Once the refund is requested and accepted, Ibupreneur will start to process the refund. Please take note that all refunds will only be credited as your store credit (as in vouchers). The processing time will take around 1 - 7 days.
8. LIABILITY
8.1 We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law due to your misuse, abuse or use of our Products outside its ordinary intended purpose. We will not be liable for damages which are not reasonably foreseeable arising out of or in connection with your order and use of our Products through our Site.
8.2 Except to the extent required by any applicable law, we will not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed on our Site.
8.3 We will not be liable to you or any party for any damages, losses, expenses or costs whatsoever (including without limitation, any death, injury, direct, indirect, special, exemplary, incidental or consequential damages, or economic loss or loss opportunity) arising out of or in connection with your order and/or purchase of Products, or reliance on any information, materials or online services provided at our Site, regardless of the form of action and even if we had been advised as to the possibility of such damages. This exclusion clause shall take effect to the fullest extent permitted by law.
8.4 For the avoidance of doubt, we shall in no event be liable for any death, injury, direct, indirect, special, exemplary, incidental, consequential, or other indirect damages or costs of any kind suffered or incurred by you arising from or in connection with:
(i) any access, use or the inability to access or use our Site, or reliance on any information contained in our Site;
(ii) any mishandling and/or abuse of any Products by you or other persons;
(iii) use of any Products by you or other persons in any manner, whether foreseeable or otherwise, and you expressly assume all risks associated with usage and storage of all Products upon delivery;
(iv) any delay in delivery or cancellation of order or refund;
(v) any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus;
(vi) any use of or access to any other website linked to our Site, even if we or our agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement of such websites and such websites should only be used or accessed at the site your own risk. In no circumstances will we be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on the websites to which our Site are linked; or
(vii) any exercise of rights by us under these Terms of Sale, the Terms of Use, any Policy and any other rights provided by law.
8.5 In any event, and notwithstanding anything contained in these terms & conditions, our maximum aggregate liability in contract, tort (including negligence or breach of the statutory duty) or otherwise arising out of or in connection with your order and/or purchase of Products shall be limited to the price of the Products ordered and/or purchased from our Site.
8.6 Notwithstanding the foregoing, nothing in these Terms of Sale (a) excludes, restricts or modifies any condition, warranty, right or liability implied into these terms and conditions where to do so is illegal or would render any provision hereof void; or (b) shall limit or exclude any liability for death or personal injury caused by our negligence.
9. INDEMNITY
9.1 You agree fully to indemnify, defend and hold us, and our office bearers, officers, directors, employees, agents and suppliers, harmless immediately on demand from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any (i) breach of these Terms of Sale, (ii) any liabilities arising out of the use of our Site whether you purchase any Products or otherwise and (iii) any violation of any law or the rights of a third party, including intellectual property infringement pertaining to your visit and use of our Site, by you or by any other person accessing our Site using your account and/or your personal information.
10. GENERAL TERMS
10.1 Any delay or failure to insist upon strict performance of any provisions hereof shall not be deemed a waiver of our rights and remedies. The invalidity of any provision of these terms & conditions shall not adversely affect the validity or enforceability of the remaining provisions.
10.2 These Terms of Sale supersede all prior representations, understandings and agreements (if any) between us.
10.3 Any term or condition, or any part thereof, which is declared or deemed to be illegal, invalid, prohibited or unenforceable under any applicable law in Malaysia shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability without invalidating, vitiating or rendering unenforceable, the remaining terms or conditions of these Terms of Sale.
10.4 We shall not be liable to you for loss or damage resulting from delay or failure to perform our obligations under these Terms of Sale, either in whole or in part, when the same is due to causes beyond our reasonable control, including but not limited to civil war, insurrections, strikes, riots, fires, floods, explosions, earthquakes, serious accidents or any acts of God, government regulations, pandemics, epidemics, quarantine or labour trouble resulting in cessation, slowdown or interruption of work. In the event of the same, our obligations herein shall be extended for the periods of such circumstances only so far as they affect the performance of our obligations under these Terms of Sale.
10.5 These Terms of Sale and any rights, obligations and licenses granted therein may not be assigned or transferred by you, but may be assigned or transferred by us without restriction.
10.6 These Terms of Sale shall be governed by and construed under the laws of Malaysia and you agree to submit to the exclusive jurisdiction of the competent courts of Malaysia.