Terms and Conditions (“Terms”)
Last updated: Mar 10, 2021
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.www.bababaa.com website (the “Service” or the “Site”) operated by Bababaa Malaysia Sdn Bhd (“the Company”, ”us”, “we”, or “our”). These Terms and Conditions govern the contents and use of the Site and set out the terms and conditions on which we supply the products available on the Site (the “Products”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing the Site and/or ordering the Product, you agree to be bound by these Terms.
You may order a Product from the Site (“Order”) by following the order procedure set out on the Site. You may be asked to supply certain information relevant to your Order including, without limitation, your credit card number, the expiration date of your credit card, your billing address, your shipping information and other required information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Order; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Orders. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Site. The products or services available on our Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other web sites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. We assumes no responsibility for any inability to access the site nor for any delays, interruptions, errors, defects, omissions or deletions users may experience. If the need arises, we may suspend access to the site at any time, or close it indefinitely.
‘As is’ and ‘as available’
The Site and the Site elements are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permitted under applicable law, we expressly disclaims all representations and warranties of any kind with respect to the site, the site elements and any other products or services available on or through this site, whether, express or implied, including, but not limited to, any and all warranties (1) of merchantability or fitness for a particular purpose; (2) of non-infringement and title; (3) that any use of the site will be free from any interruptions, delays, inaccuracies, server down-time, errors or omissions; (4) that the site will be secure, or free of viruses, worms or other harmful components; (5) that the site and/or the site elements will satisfy your requirements or expectations; and (6) that information, data or materials presented or displayed on this site are correct, accurate or reliable.
Orders and Specifications
Details of the Price payable in respect of any Product and the procedure for payment are displayed on the Site. “Price” means the price together with postage and packing costs and any applicable taxes in force at the time of the Order (excluding any taxes and duties for which the which the person named in the Order (“Buyer”) is responsible under the ‘Pricing & Payment’ section of these Terms), subject to any promotional offer or discount then applicable. All Products are offered for sale subject to availability and subject to our acceptance of your Order. We reserve the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by us until we have confirmed it unconditionally in the our invoice (“Order Confirmation”). The Order Confirmation will contain details of your Order, the Price and an estimate of the delivery time for the Order. It is your responsibility to contact Us and notify Us of any error or mistake with the Order as soon as reasonably practicable. Failure to do so may lead to the incorrect Order being sent out to you. Any times or dates stated for delivery are estimates only. We will make reasonable efforts to deliver goods within the time specified, but we do not accept liability for any failure to deliver within that time. We may revise, discontinue or modify products or services at any time without prior notice to you and products may become unavailable without notice. We shall have no liability of any kind if any product or service is not available.
Pricing and Payment
We may change the price of any Product before you place an order. Despite our best efforts, some of the Products listed on the Site may be incorrectly priced or the price may increase between your order and our acceptance of your order. Prices are exclusive of VAT and all other applicable taxes and/or import duties. Applicable taxes and import duties are based on the final value of your order and the prevailing rates in force in the relevant tax jurisdiction. Any such additional charges as well as costs for customs clearance etc. (if any) must be borne by you as the importer of the goods. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for further information. Payment must be made through our payment gateway providers at the time of placing your Order which is accepted by us. Payment in full will be taken at this time and the Contract will be in force. You will be required to submit your payment details to the relevant third party payment gateway provider and you may also be required to accept additional terms and conditions in relation to the use of that service. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third party payment provider. You undertake that all of the details which you provide to us for the purposes of your Order and its delivery will be correct and that the chosen method of payment is Your property and that sufficient funds or credit facilities are available to cover the full cost of the Order.
Delivery and Acceptance
The place for the delivery of your Products will be as shown on the Order. If you have ordered more than one Product, we reserve the right to make delivery of your Order by instalments. If the Order is to be delivered in instalments, each delivery will constitute a separate contract. When you receive the Product/s you must inspect them for any defects or non-conformity. You may exchange the Product within 7 days of us delivering the Product to Your designated address (“Delivery”). If we do not hear from you within this period of time, you are deemed to have accepted the Product in an acceptable condition. You must be available to accept delivery on the delivery date. If delivery is refused or returned due to a faulty address, you will be charged a return fee. If you wrongfully fail to take delivery of the Order then we shall be under no obligation to refund the price.
Risk and Property
Risk or damage or loss of Your Order will pass to You upon delivery to the agreed address. Notwithstanding delivery and passing of the risk in the Order, property in the Order will not pass from us to You until we have received full payment of the Price and all other sums which are due, owing or payable by the You to us in respect of the Order or any other Order between You and us.
Exchange and refunds
You shall have the right to cancel an Order only in the following circumstances if we have failed to deliver the Order within 40 days after the date you placed the Order. If an Order is cancelled under the foregoing condition, we shall be responsible for all sums paid (including initial and re-delivery charges (if any) in respect of the Order in question. Notice of wish to cancel must be made by email to firstname.lastname@example.org. In the case of faulty Products, you may exercise your right to have us replace the Product within 7 days of Delivery. You shall be deemed to have inspected the Product as soon as reasonably practicable after delivery and in no case longer than 7 days after Delivery. You must return any Product to Us in its original packaging (which You should retain for this purpose). Nothing in this clause affects your statutory rights.
Limitation of Liability
You are visiting the site at your own risk. You agree that the Company and its affiliates, subsidiaries, licensors, successors, assigns and agents and each of their respective officers, directors, employees, representatives are not liable to you or any third person for loss and damages of any kind (including, without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort contract or otherwise arising from your use of the site, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property, on account of your access to, use or browsing of the site. The foregoing does not affect any liability we may have which cannot be excluded or limited under applicable law. By visiting the site you agree to indemnify the Company and its affiliates from and against any and all legal claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of: (i) any misrepresentation, act or omission made by you in connection with your use of the site; (ii) any non-compliance by you of these Terms; (iii) any breach by you of your warranties hereunder; and/or (iv) any claims brought by third parties arising from or related to your access or use of the site.
Contests, Sweepstakes and Promotions
Copyrights and Trademarks
All materials contained on this site, including text, graphics, icons, still and moving images, sound recordings, musical compositions, audio, visual works and software, are our property or its content suppliers or service providers and are protected by copyright laws. The compilation of all content on this site is our exclusive property. You may not reproduce, modify, distribute or republish materials contained on this site (either directly or by linking) without our prior written permission. You may not alter or remove any trademark, copyright or other notice from copies of content.If you print off, copy or download any part of the site in breach of these Terms, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have. Any rights not expressly granted herein are reserved.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Peyron Singapore Pte Ltd. Peyron Singapore Pte Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Peyron Singapore Pte Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
These Terms shall be governed and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us at +886-+017-7287600 or email@example.com.