TERMS & CONDITIONS
These terms and conditions ('the Terms') govern the user/customer (‘you’ or ‘your’) of the website https://www.bettergoods.asia ('the Website') and the purchase of products from BetterGoods International Sdn Bhd as the Merchant (‘we’ or ‘us’ or ‘our’). We offer the Website, including all information, tools and services to the you, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
Please read the Terms carefully before accessing or using the Website. By accessing or using any part of the Website, you are agreeable to be bound by the Terms, including those additional terms and conditions, and policies referenced herein and/or available by hyperlink. The Terms apply to all users/customers of the Website, including but not limited to users who are browsers, vendors, merchants, and/or contributors of content. If you do not agree to all the Terms, then you may opt not to access the Website or purchase any of the products.
Any new information, features or tools which are added to the Website shall also be subjected to the Terms. You can review the most current version of the Terms at any time in this page. We reserve the right to update, change or replace any part of the Terms and content of the Website at any time without any notification. It is your responsibility to check the Terms and the Website periodically for changes. Your continued use or access to the Website constitutes of your acceptance of the changes.
(1) Online Store Terms
By agreeing to the Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Website. You may not purchase and/or use our products for any illegal or unauthorized purpose nor may you, in the use of the products, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in rejection and/or cancellation of your offer to purchase and/or use.
(2) General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit, debit card and/or bank account information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit, debit card and/or bank account information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website content and/or products. The headings used in the Terms are included for convenience only and will not limit or otherwise affect the Terms.
(3) Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on the Website is incomplete or not the latest. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at your own risk. The Website may contain certain historical information, which necessarily, is not the latest and is provided for your reference only. We reserve the right to change and update the contents of the Website at any time, without any obligation to notify the changes and/or updates specifically on the Website. You agree that it is your responsibility to monitor changes and/or updates on the Website.
(4) Modifications to the Terms and Prices
The prices of our products are subject to changes at any time without any notice. We reserve the right at any time to modify or discontinue the Terms (any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price changes, suspension or discontinuance of the products.
(5) Products and/or Services (if applicable)
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities. We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to changes at any time without any notice, at our sole discretion. We reserve the right to discontinue any product at any time without any notice. Any offer for any product or services made on the Website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
(6) Placement of Order, Payment and Shipping
All orders placed by you will be treated as an offer to purchase the products from us. The transaction between you and us will take place as follows (i) you have place an order via the Website, (ii) your payment is credited correctly, successfully and legitimately into our account, (iii) delivery/shipment of products to you is within fourteen working days (for shipment within Malaysia) and twenty-one working days (for shipment outside of Malaysia) after the payment cleared into our account. Please note that the arrival of products to you is subject to logistics service provider, and not within our control. We shall not be responsible for any delay caused by the logistics service provider or circumstances under force majeure. All purchases are not entitled for any cancellation or exchange for other products and it is non-refundable.
The products sold on the Website are not for re-sale purposes. We reserve the right to cancel orders and/or to proceed with legal actions where we believe products are being ordered in breach of this provision.
We shall assume that you have received the products once they have been delivered to the delivery address which you specified when ordering the products. We shall not accept any claim or liability in the event you provide an incorrect delivery address, where you fail to collect the products from the incorrect delivery address which you have specified. If your delivery address is outside of Malaysia, you shall be subjected to import duties and taxes (including VAT), which are levied upon the delivery reaches your destination country. Any such additional charges must be borne by you. Please note that customs policies and practices vary significantly from country to country. We recommend that you contact your local customs office for further information or contact us for an estimation. Shipping charges shall be determined during check-out of the purchase, and additional charges will be imposed for shipping to overseas.
All prices shown on the Website are at the current rates and are correct at the time of entering the information onto the system. We reserve the right to change the prices at any time without any notice to you (save that any such changes will not affect earlier orders which already been placed with successful payment). Payment can be made by any major credit or debit card or via the available payment methods on the Website. Payment need to be credited and cleared into our account first before the delivery of products to you.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this after accepting your order, we are not obligated to sell the products to you at the incorrect price. We shall ensure that the prices of products shown on the Website are accurate, but occasionally genuine errors or unforeseen system errors may occur. We shall inform you as soon as possible if we discover an error in the price of products that you have ordered/paid and give you the option to reconfirm your order at the correct price or to cancel it. If you opt to cancel the paid order, we will refund the paid amount without interest to the payer account after the payment credited into our account.
You hereby confirm that the credit, debit card and the bank account used for payment are yours. All credit, debit card and bank account holders are subject to validation checks and authorisation by the card issuer and bank. If the card issuer of your payment card and bank refuse to or do not for whatsoever reason authorise payment to us, we shall not be liable to you for non-delivery of products as there is no payment received.
(7) Authorized Voucher Code
We allow you to use our authorized VOUCHER CODE on the Website strictly based on the Terms stated herein and subject to maximum order value (if any). Please familiarise yourself with the Terms before you place an order as we reserve the right to reject or cancel any orders (without compensation) which do not comply with the Terms even if your credit or debit card or bank account has been charged. You are required to create an account on the Website with genuine and correct information, and login to purchase. You can key-in the Voucher Code (if any) to enjoy discount within promotion validity period. Purchases and transactions which were completed without keying-in the Voucher Code (if any) or with expired Voucher Code are strictly not entitled to claim for the discount value.
(8) Products’ Warning and Disclaimer
The face mask on the Website is not a medical mask and not tested with Covid-19. This fabric face mask is made, designed and intended for general public use only. They are not designed to be or replace any medical-grade PPE (Personal Protective Equipment). Be mindful when wearing mask if you have lung disease, like emphysema, or chronic heart disease. Stop using the mask if you notice breathing difficulty or skin sensitivity while wearing it. This mask is intended for adult use only. Children should be supervised by adult at all times when wearing a face mask to ensure safety. By choosing to purchase and wear the face mask we sell and/or distribute, we shall assume that you acknowledge and have assume all risks, known and unknown, associated therewith. The decision to use and wear the face mask is solely your own. All images shown are for illustration purpose only.
(9) Cancellation, Return and Refund Policy
Please be informed that all purchases are not entitled for any cancellation, and all products sold are non-refundable and non-exchangeable for other products. In the event of any return of purchased product(s), the product shall be originally with manufacturer defective or damaged (not caused by your negligence). The return of product shall enclosed with valid receipt, unopened, unused and in the same original packaging and condition which was delivered to you and subject to our acceptance. The return product’s value shall be non-refundable and only exchangeable for the same product (not for other products), which is subject to stock availability. You shall be fully responsible for paying the shipping charges for returning the product to us and the shipping charges from us to you (if any). Shipping costs are non-refundable and non-deductible.
(10) Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, reject, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment card and/or bank account, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made via the Website and/or directly from us. You agree to promptly update your account and other information, including your email address and/or billing address and/or phone number and/or payment card and expiration dates and/or bank account numbers, so that we can complete your transactions legitimately and contact you when needed.
(11) Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to the Terms.
(12) Third-Party Links
Certain content, products and services available on the Website may include materials from third-parties. Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party, and not to us.
(13) User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
When you visit the Website, the system may automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Website, the system may collect information about the individual web pages or products that you view, what websites or search terms referred you to the Website, and information about how you interact with the Website. We refer to this automatically-collected information as ‘Device Information’.
The system may collect Device Information using the following technologies (i) ‘cookies’ are data files that are placed on your device or computer and often include an anonymous unique identifier, (ii) ‘log files’ track actions occurring on the Website, and collect data including your IP address, browser type, internet service provider, referring/exit pages, and date/time stamps, (iii) ‘web beacons’, ‘tags’, and ‘pixels’ are electronic files used to record information about how you browse the Website.
Additionally when you make a purchase or attempt to make a purchase through the Website, the system may collect certain information from you, including your name, billing address, shipping address, payment information (including credit, debit card numbers and/or other payment methods available on the Website), email address, and phone number. We refer to this information as ‘Order Information’.
How do we use your personal information? We use the Order Information that we collect generally to fulfil any orders placed through the Website (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to (i) communicate with you, (ii) screen our orders for potential risk or fraud, (iii) when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize the Website (for example, by generating analytics about how our customers browse and interact with the Website, and to assess the success of our marketing and advertising campaigns).
We share your Personal Information with third parties to help us use your Personal Information, as described above. Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. Please note that we do not alter the Website’s data collection. If you are a European resident, you have the right to request personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the provided email address. Additionally, if you are a European resident we note that we are processing your information in order to fulfil contracts we might have with you (for example if you make an order through the Website), or otherwise to pursue our legitimate business interests listed above. Please note that your information will be transferred outside of Europe, including to Canada and the United States.
(15) Errors, Inaccuracies and Omissions
Occasionally there may be information on the Website or in the Terms that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Website, the Terms or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Website, the Terms or on any related website, including but not limited to pricing information, except as required by law. No specified update or refresh date applied in the Website, the Terms or on any related website, should be taken to indicate that all information in the Website, the Terms or on any related website has been modified or updated.
(16) Prohibited Uses
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website, the Terms or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website, the Terms or any related website for violating any of the prohibited uses.
(17) Disclaimer of Warranties and Limitation of Liability
We do not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable. You agree that from time to time we may remove the products and/or the Terms for indefinite periods of time or cancel the products and/or the Terms at any time, without notice to you. You expressly agree that your use of, or inability to use, the products is at your sole risk. The products and/or services delivered to you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
You agree to indemnify, defend and hold us harmless including but not limited to our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of the Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
(19) Changes to Terms
You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of the Terms at any time without any notification. It is your responsibility to check the Website and this page periodically for changes. Your continued use of or access to the Website or the products following the posting of any changes to the Terms constitutes your acceptance of those changes.
In the event that any provision of the Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Terms for all purposes. The Terms are effective unless and until terminated by us. You may terminate the Terms at any time by notifying us in writing that you no longer wish to use our products, or when you cease using the Website. If in our sole judgment that you fail, or we suspect that you have failed, to comply with any term or provision of the Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Website (or any part thereof).
(22) Entire Agreement
The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms and any policies or operating rules posted by us on the Website or in respect to the products constitutes the entire agreement and understanding between you and us and govern your use of the products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of the Terms shall not be construed against the drafting party.
(23) Force Majeure
Notwithstanding any other provisions in the Terms, we shall be entitled to delay the fulfilment or cancellation any order, if due to any cause beyond its reasonable control (including but not limited to epidemic, pandemic, movement control, fire, explosion, flood, war, riot, weather, industrial action, strike, look out, stoppages of work, governmental intervention, breakdown of plant or machinery), it is hindered or prevented from performing the obligation under the Terms and it shall have no liability to you for any cost and loss suffered or incurred as a result of such delay in fulfilment or cancellation.
(24) Governing Law
The Terms and any separate agreements between you and us shall be governed by and be construed in accordance with the laws of Malaysia.
(25) Contact Information
For more information, please email to [email protected]
Updated on April 8, 2021.
TERMS & CONDITIONS