GENERAL TERMS AND CONDITIONS

 

1.GENERAL

The offer on the website www.baifulinmen.com (the “Website”) is exclusively for consumers. The following General Terms and Conditions (“General Terms and Conditions”) apply to all transactions concluded via the online shop of www.baifulinmen.com and Consumers (hereinafter the “Buyer”) as defined under the Consumer Protection Act 1999.

Unless modified in accordance with the provisions contained herein, the version of the General Terms and Conditions valid at the time the transaction is concluded shall apply.

The Seller shall be entitled to limit the order to a quantity that is usual in commercial practice or at its discretion.

After entry of all order data and before the order is finally placed, the Buyer shall be shown a list of all items in the order and shall be granted the opportunity to correct any possible errors that had been made in entering data. The Buyer shall be responsible for the accuracy and correctness of all information provided by it in the Website.

The order shall be saved by the Seller and where accepted by the Seller, shall be sent to the Buyer together with the General Terms and Conditions, following the conclusion of the transaction.

2. DEFINITION

    In the Terms and Conditions herein, the following words or expressions shall have the meaning set out next to them:

    “Business Day” means any day on which banks in Malaysia open for business;

    “Transaction” means the order submitted by the Buyer in accordance with these Terms and Conditions for the Product or Products, which is accepted by the Seller in accordance with the provisions herein;

     “Product” means the products supplied by the Seller under the Contract.

    3. PRICES AND PAYMENT CONDITIONS

      The price offered at the time of the order shall be binding. Additional costs shall be charged for delivery of the Products. These costs shall be shown before the order is confirmed.

      Payment for the Products shall be made by credit card (secured by 128-bit SSL encoding) or such other method of payment shown in the Website..

      In the case of payment by credit card, the credit card shall be debited upon confirmation of the order details and these terms and conditions.

      The Seller shall not be liable for any delay or non-delivery of the Products due to non-validation or non-authorization of the credit card by the card issuer.

      The Buyer shall only have the right to offset counterclaims insofar as his/her counterclaims are undisputed or which have become res judicata. A customer shall only be entitled to assert a right of retention on the basis of counterclaims that arise from the same contractual relationship.

      4. PASSING OF RISK

        The risk of accidental loss or deterioration of the Products shall be transferred to the Buyer upon delivery. This shall also apply in the case of sale by delivery to a place other than the place of performance.

        This risk shall also be deemed transferred if the Buyer has failed to take delivery when tendered by the Seller.

        5. DELIVERY AND SHIPPING CHARGES

          The Seller shall deliver the Products only within Malaysia.

          The delivery period shall only be deemed agreed insofar as they are stipulated in writing. The delivery period shall begin from the date the order of the Product is accepted by the Seller. The delivery period may take approximately five (5) to ten (7) Business Days. The Seller shall not be liable to the Buyer for any losses, liabilities, costs, damages, charges or expenses arising from any late delivery.

          The sale of the Product shall be subject to available stock.

          If the Products cannot be delivered due to any reasons which the Seller is not responsible for, additional delivery costs shall be charged for the re-delivery of the Products. In this case the Buyer shall bear the costs of sending the Products back to the Seller and for the re-delivery to the same or alternative address. 

          6. DEFECT AND WARRANTY

            The Buyer shall notify the Seller within a reasonable time after discovery of any defect in the Product. The warranty period shall be one (1) years after the Products are delivered.

            In the case of defects, the Buyer shall be entitled to, subject to confirmation and agreement by the Seller, elect for a supplementary performance by either rectification or replacement of the Product. The Seller shall be entitled to refuse the  supplementary performance elected by the Buyer if such option is disproportional with the costs involved and the other option does not present any major disadvantages to the Buyer.

            If either rectification or replacement of the Product will not take place, the Buyer shall in principle be entitled to choose a reduction in the purchase price (reduction) in which case the Products shall be accepted by the Buyer, or cancellation of the contract (revocation) in which case the Products shall be returned to the Seller and the payment made by the Buyer shall be refunded by the Seller. However, in the case of minor defects, the Buyer shall not have the right to cancel the contract.

            In the event the Product returned by the Buyer is found to be not faulty, the Seller may at its discretion decide not to repair, replace or refund the Buyer for the Product. The Seller shall have the right to require the Buyer to pay all reasonable costs and charges including delivery charges and servicing costs.

            Notwithstanding any provisions herein, the Seller shall be under no liability in respect of lost or stolen items, damage, breakage, change in appearance, or the gradual degradation of all or part of the Products due to fair wear and tear, accident, negligent handling or improper use or maintenance outside the Seller’s care instruction.

            For avoidance of doubt, all Product descriptions, information and materials shown on the Website are provided and to be sold ‘as is’ and without any warranties, whether express or implied.

            7. LIABILITY AND DISCLAIMER

              Unless otherwise expressly stated herein and to the extent permissible by law, the Seller's liability if any shall be restricted to foreseeable, direct average damage which is typical for such contracts and the Seller shall not be liable for any damages whatsoever, including without limitation to any indirect, special, consequential, punitive or incidental damages, or damages for loss of profits or damage to goodwill or reputation, arising out of or related to the use of the Website and/or any materials contained therein.

              The preceding limitation of liability shall not apply to bodily injury or damage to health or the death of the Buyer which is attributable to the Seller’s negligence.

              8. CANCELLATION/REVOCATION RIGHT

                The Buyer shall be entitled to cancel/revoke his/her order within two (2) weeks from the date of order made, without stating reasons in writing. Such cancellation must be made in writing to the Customer Service by letter or e-mail or fax. If Product has been delivered, the Buyer shall forthwith return the Product to the Seller in resell-able condition and in its original packaging without tampering the Product tag.

                Product finished in accordance with customer’s specifications or Products which have been clearly tailored to the personal requirements of the customer (i.e. engraved items) are non-returnable. All engraved items of jewellery are specifically for final sale and have been engraved according to customer’s specifications. Baifulinmen shall not be liable for any errors or mistakes made on the Products that are the result of customer’s instructions or specifications.

                Any notice of cancellation/revocation shall be sent to:

                BaiFu LinMen FengShui
                DH 335, Jalan Sawah, Pekan Nenas,
                Pontian 81500 Johor, Malaysia.

                support@baifulinmen.com

                 

                In case of cancellation/revocation, Products or payments received by the respective parties shall be returned accordingly. If the Buyer is unable to return the Products in their entirety or in partial or return them in deteriorated condition, he/she shall, where applicable, compensate the Seller for the loss in value of the Products.

                Buyer shall bear the costs of returning the Products if the delivered Products are in accordance with the Products ordered. Obligations for reimbursing payments must be fulfilled within thirty (30) days from:

                In the case of the Buyer, the date of dispatch of the revocation notice or Products.

                In the case of the Seller, the date of receipt of the revocation notice or the Products.

                9. STORAGE OF DATA

                  The Buyer has been informed in detail about the type, scope, place and purpose of collecting, processing and using his/her personal data necessary for fulfilling orders as well as his/her right of revocation regarding the use of his/her anonymized user profile for advertising, market research purposes and for designing the service to meet requirements.

                  The Buyer hereby agrees to the collection, processing and use of personal data by the Seller for the purpose of the Contract. He/she has the right to revoke his/her consent at any time by notifying the Seller. The details of the processing of personal data of the Buyer are set out in the Personal Data Protection Policy and Notice in the Website.

                  10. JURISDICATION

                    The laws of Malaysia shall apply to the General Terms and Conditions and the Contract.

                    11. CHANGES IN GENERAL TERMS AND CONDITIONS

                      The Seller reserves the right to change, modify, add or remove any provisions in the General Terms and Conditions from time to time. Any material changes to the General Terms and Conditions will be effective immediately upon notification to the Buyer by email or through a message posted on the Website. Upon the provision of notice, the continued use of the Website by the Buyer constitutes affirmative acceptance to the modified General Terms and Conditions.

                      12. SEVERABILITY

                        If any one or several provisions of these General Terms and Conditions shall be declared invalid by order, decree or judgment of a court of competent jurisdiction, or become completely or partially invalid or unenforceable, this shall not affect the validity of all other provisions or agreements thereof and the Terms and Conditions shall be construed as if such portion had not been inserted herein.

                        13. ENTIRETY

                          The Terms and Conditions herein shall apply to all orders made by the Buyer and the Contract, and shall set forth the entire agreement and understanding between the parties hereto as to the subject matter hereof and supersedes all prior agreements whether express or implied.

                          14. CONFLICT

                            In the event of any inconsistencies or discrepancies between the English version of the General Terms and Conditions and the Bahasa Malaysia version, this English version shall prevail.

                             

                            15. Warranty

                            All Baifu bracelets come with a 12-months warranty. The warranty covers the product only and does not include or cover the cost of logistics (Courier service) or transportation charges to our service centre.

                            16. Extended Warranty

                            At the end of the original 12-months warranty, you can sign-up for our Baifu Extended Warranty coverage. To sign up, please [click here]. 

                            Extended Warranty Coverage enjoy the following benefits;

                            1. Damage to product assembly – The elastic band used to secure the crystals and gemstones. 
                            1. Courier (logistics) charges (to and fro)
                            1. Enlargement and reduction of bracelet dimension, in the case of enlargement, customer will have to bear the cost of the extra gemstone, crystal or accessories used to perform the enlargement.

                            For reduction, the gemstone, crystal removed shall be returned together with the newly resized bracelet in the same delivery.

                            1. Workmanship for the resizing (enlargement or reduction in dimension) will be covered under the extended warranty.
                            1. Extended warranty is transferrable for non-bespoke bracelets only as Bespoke designed bracelets are created maximize the overall personal health, financial, career, social, relationship and energy to the wearer as such Bespoke design bracelets and its warranties are not transferrable.
                            1. Re-energizing of the bracelets and its elements. Baifu bracelets can be sent to our service centre for re-energizing. Re-energizing is complimentary however; customers will have to bear the cost of logistics (courier service charges).
                            1. Yearly re-energizing of crystals and gemstones set in the bracelets are highly recommended or performed whenever the wearer have successfully and safely overcame major obstacles, accident or illness she or he might have encountered.