SORENTO MASTER CLUB - TERMS OF USE FOR TRANSACTIONS
1. Introduction
1.1. Welcome to the Sorento Master Club website. The Site is operated by Beyond Bath Sdn Bhd (Beyond Bath No. 201401007432 (1083510-T)) (collectively referred to as the “we”, “us”, “our” or “Beyond Bath”). This page forms the terms and conditions (“Terms”) in accordance with which we supply products (“Products” and each a “Product”) listed on the Site to you. The Products are supplied to you strictly for commercial purpose only. “You”, “your” or “User” shall mean any person who places an order on the Site to purchase any Product from us.
1.2. Please read the following Terms thoroughly before ordering any of our Products from the Site. By viewing/accessing the Site and/or making an offer to purchase any of our Products (“Order”), you agree to be bound by these Terms.
2. Amendment of Terms
The Beyond Bath reserves the right to change, modify, add or remove portions of these Terms at any time. Changes will be effective when posted on the Site with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Site. The Beyond Bath may also impose limits on certain features or restrict your access to parts of, or the entire, Site in its sole discretion and without notice or liability.
3. Legal Age
3.1. If you are under the age of eighteen (18) or the legal age for giving consent hereunder pursuant to the applicable laws in your country, you must obtain permission from your parent(s) or legal guardian(s) before using/accessing the Site and/or placing an Order on the Site.
3.2. If you are the parent or legal guardian of a minor in question, you must accept and comply with these Terms on the minor’s behalf in addition to being responsible for the minor’s actions, any charges with the minor’s use of and/or purchases made on the Site.
3.3. If you do not agree to these Terms or have not obtained consent from your parent(s) or legal guardian(s), you must desist from using/accessing this Site and its Products.
4. Membership Account
You must be registered as a member of Sorento Master Club before you may use/access certain features on the Site and/or place an Order on the Site. All matters relating to the membership shall be governed by Sorento’s Membership Terms & Conditions which may be found at Membership Terms & Conditions.
5. Use of the Site
5.1. We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. All specifications, Products listings, descriptions and prices of Products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colours. However, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site.
5.2. The inclusion of any products or services on the Site or promotions, offer or discounts (“Promotion”) at a particular time does not imply or warrant that these products or services or Promotion will be available at any time. We reserve the right to discontinue any listing of products, services or Promotion at any time.
5.3. We reserve the right, but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on the Site and/or through the Products. We may in our sole and absolute discretion, investigate any violation of these Terms contained herein and may take any action it deems appropriate;
(b) prevent or restrict access of any User to the Site and/or the Products; and
(c) request any information and data from you in connection with your use of the Products and/or access of the Site at any time and to exercise our right under this paragraph if you refuse to divulge such information and / or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
5.4. You acknowledge that Beyond Bath may, in its sole discretion and at any time, discontinue providing the Products, either in part or as a whole, without notice.
5.5. Beyond Bath reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, Beyond Bath may disclose the User’s identity, contact information and/or information regarding the User’s account, transactions or activities carried out on or via the Site, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action. Beyond Bath shall not be liable for damages or results arising from such disclosure and the User agrees not to bring any action or claim against Beyond Bath for disclosure.
5.6. We reserve the right, without prior notice, to limit the order quantity on any Product and/or to refuse access to any User. We also may require verification of information prior to the acceptance and/or shipment of any Product.
6. Formation of Contract
6.1. The information set out in the Terms and the details contained on this Site do not constitute an offer for sale but rather an invitation to treat.
6.2. Upon confirmation of your Order on the Site, a purchase order in respect of your Order (“PO”) will be auto-generated and subsequently be delivered to us. The PO constitutes your offer to us to purchase the Products listed in the PO. No contract in respect of any Products shall exist between Beyond Bath and you until your Order has been accepted by us, evidenced by your receipt of an proforma invoice issued by Beyond Bath (“Proforma Invoice”). The PO shall be issued on such terms prescribed by us. No variation or modification to the auto-generated PO is allowed and any such variation or modification shall be null and void.
6.3. The contract for the sale and purchase of a Product between you and Beyond Bath (“Contract”) will only be formed when we send you the Proforma Invoice. The Contract will relate only to those Products which we have confirmed in the Proforma Invoice and we will not be obliged to supply any other products which may have been part of your Order.
6.4. These Terms shall form a part of the Contract.
6.5. Any typographical, clerical or other error or omission in any acceptance, PO, proforma invoice or other document on our part shall be subject to correction without any liability on our part.
6.6. We are under no obligation to fulfil your Order if the price listed on the Site is incorrect (even after the PO has been issued).
6.7. In the event of inconsistency or conflict between the terms of the Contract and these Terms, the terms of the Contract shall prevail, to the extent of such inconsistency.
7. Price and Payment Methods
7.1. You are required to remit the full payment of the amount stated in the Proforma Invoice in accordance to the payment term as stated in the Proforma Invoice. Upon making full payment for the Products, you shall forward the remittance slip and any other supporting documents as may be requested from you to Beyond Bath before your order may be processed. Beyond Bath is deemed to not have received payment until your provision of the remittance and any other supporting documents as may be requested by Beyond Bath.
7.2. Beyond Bath may also use a secure electronic payment gateway service to process all payments made by you (“Payment Processors”).
7.3. You expressly understand and agree that Beyond Bath shall not be liable for any payments and monetary transactions that occur through your use of the services provided by the Payment Processors. You expressly understand and agree that all payments and monetary transactions are to be handled by the Payment Processors and not by us. You agree that Beyond Bath shall not be liable for any issues regarding the financial and monetary transactions between you and the Payment Processors.
7.4. You are responsible for all transactions (one-time, recurring and refunds) made by you. Beyond Bath is not liable for any losses or damage from errant or invalid transactions from your use of the Payment Processors. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.
7.5. You must not use stolen credit cards, or unauthorised credit cards for making payment.
7.6. Prices shown on the Site are in Malaysian Ringgit (RM) and exclusive of any taxes (including, but not limited to, any sales, value added or service tax or such other taxes as may be imposed from time to time), and do not include any applicable shipping or delivery fees. Delivery fees will be charged where applicable and the estimated delivery fee will be included in the order total upon checkout. For the avoidance of doubt, the estimated delivery fee is only an estimation and subject to change.
7.7. The final delivery fees will be included in the Proforma Invoice or as communicated to you by Beyond Bath.
7.8. If the payment is unsuccessful for any reason whatsoever, Beyond Bath shall not be liable for any delay or failure to deliver and we will be unable to conclude any Order with you.
8. Shipping
8.1. Before you confirm and submit your Order, you may elect for the Order to be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Site or pick up the Order at a designated address.
8.2. The Beyond Bath has the right at any time to subcontract all or any of its obligations for the sale/delivery of the Products to any other party without giving notice of the same to the User.
8.3. Upon us confirming the receipt of full payment in respect of the Proforma Invoice, Beyond Bath will endeavour to deliver the order consisting of the Product(s) listed in the Proforma Invoice within the delivery period as indicated in the Proforma Invoice. In the event where the Product is damaged, lost or failed to be delivered, the User acknowledges and agree that once the Product purchased is shipped, Beyond Bath will not be liable for any damage or expenses incurred resulted therefrom.
8.4. Risk of damage to or loss of the Products shall pass to you at the time of delivery of the Products.
8.5. If you fail to take delivery of the Products, the Products shall be deemed deliver to you within thirty (30) days from the date of the Invoice. You agree and undertake to execute the delivery order and/or such other document as may be prescribed by us upon taking delivery of the Products.
8.6. Any dates quoted for the delivery of the Products are approximate only and delays may occur. Beyond Bath shall not be liable for any delay in delivery or performance howsoever caused.
8.7. Notwithstanding delivery and the passing of risk in the Products or any other terms in these Terms, title to the Products shall not pass to you until Beyond Bath has received in cleared funds payment in full.
9. Cancellation or Refusal of Orders
We reserve the right to refuse to process any PO in respect of your Order. We may, in our sole discretion, limit or cancel quantities purchased per person or per Order. These restrictions may include Order placed using the same billing account and/or shipping address. In the event we make a change to or cancel an Order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the Order was made. We reserve the right to limit or prohibit Order that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
10. Returns & Refunds Policy
10.1. Any return, refund or exchange of Products is strictly not allowed unless otherwise agreed by Beyond Bath. And refunds shall be net of all banking, finance and administrative charges and such other charges as may be imposed by Beyond Bath from time to time.
10.2. The User shall upon taking delivery of the Products, immediately examine them for defects without undue delay. Written notification of any dispute shall be given within three (3) days from the date of taking delivery of the Products, otherwise the User shall be deemed to have acknowledged and accepted the Products.
10.3. Incorrect purchases made at the behest of the User will not be entertained. x
10.4. In the event of User’s request for return, refund or exchange of Product, Beyond Bath may request for documents, photographs or other supporting evidence in determination of such requests. Beyond Bath’s decision with regards to such requests shall be final and conclusive.
10.5. There shall strictly be no returns and/or refunds and/or exchange for Products damaged due to shipping, improper handling by shipping/delivery agents, (e.g. Pos Malaysia) and all claims shall lie with the shipping/delivery agent.
10.6. All Products must be returned to and received by Beyond Bath in order for the User to be eligible for a refund or replacement. You shall ensure that the products sent to us are to remain in the same condition as it was when it was received and is packaged properly. In the event that the Product returned is in an unsuitable condition, we reserve the right not to accept the returns and send the products back to you and all cost and expense shall be borne by you fully.
10.7. To return a Product, please send an email at customerservice@sorentomasterclub.com.my and include the product name, quantity returned, User contact details, photographic evidence of the defective product and the respective proforma invoice number as well as the desired course of action sought (i.e. return or refund). All costs arising from and incidental to the return of the Products shall be fully borne by you, unless otherwise agreed by Beyond Bath.
10.8. For instances of returns and upon confirmation in writing by Beyond Bath approving such returns, please send the Product to such location designated by us.
11. Links to Third Party Websites
The Site may include links to other websites maintained by third parties. These links are provided to you solely as a convenience, and the inclusion of these links to third party websites does not imply endorsement by us of the content or materials on these websites. Your access to these third-party websites is at your own risk and we will have no liability arising out of or related to such websites or your access to or use of such websites.
12. Limitation of Liability
12.1. YOUR USE OF THE SITE IS AT YOUR OWN RISK. The Products provided on or through the site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. With respect to our Products, there are no warranties, express or implied, which extend beyond the description of the merchandise contained on our order confirmation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law.
12.2. We shall not be liable for any damages for any damages of any kind arising from the use of the Site, including but not limited to direct, indirect, incidental, punitive and consequential damages, even if we are expressly advised about the possibility of such damages. In the event Beyond Bath is held liable under applicable laws, our liability shall only be limited to the Products supplied and shall be strictly limited to the total sum for the Contract only.
13. Disclaimer
13.1. The content displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, Beyond Bath and the affiliated suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site and any Products or materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
13.2. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
13.3. For the avoidance of doubt, you shall at all times, be considered as dealing as a business entity and not as a consumer within the meaning of Consumer Protection Act 1999 (“CPA 1999”) of Malaysia and nothing in this Terms shall be construed as falling within the ambit of CPA 1999.
14. Indemnification
You agree to indemnify and hold us, our directors, officers, employees, agents, affiliates and subsidiaries harmless from and against any and all claims, damages, costs and expense, including attorney fees, arising from or related to your use of this Site or the Products or breach of these Terms.
15. Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Malaysia. The waiver of any provision of these Terms shall not be considered as a waiver of any other provision of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
16. Miscellaneous
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these of these Terms, which shall remain in full force and effect.
17. Force Majeure
1.1. Welcome to the Sorento Master Club website. The Site is operated by Beyond Bath Sdn Bhd (Beyond Bath No. 201401007432 (1083510-T)) (collectively referred to as the “we”, “us”, “our” or “Beyond Bath”). This page forms the terms and conditions (“Terms”) in accordance with which we supply products (“Products” and each a “Product”) listed on the Site to you. The Products are supplied to you strictly for commercial purpose only. “You”, “your” or “User” shall mean any person who places an order on the Site to purchase any Product from us.
1.2. Please read the following Terms thoroughly before ordering any of our Products from the Site. By viewing/accessing the Site and/or making an offer to purchase any of our Products (“Order”), you agree to be bound by these Terms.
2. Amendment of Terms
The Beyond Bath reserves the right to change, modify, add or remove portions of these Terms at any time. Changes will be effective when posted on the Site with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Site. The Beyond Bath may also impose limits on certain features or restrict your access to parts of, or the entire, Site in its sole discretion and without notice or liability.
3. Legal Age
3.1. If you are under the age of eighteen (18) or the legal age for giving consent hereunder pursuant to the applicable laws in your country, you must obtain permission from your parent(s) or legal guardian(s) before using/accessing the Site and/or placing an Order on the Site.
3.2. If you are the parent or legal guardian of a minor in question, you must accept and comply with these Terms on the minor’s behalf in addition to being responsible for the minor’s actions, any charges with the minor’s use of and/or purchases made on the Site.
3.3. If you do not agree to these Terms or have not obtained consent from your parent(s) or legal guardian(s), you must desist from using/accessing this Site and its Products.
4. Membership Account
You must be registered as a member of Sorento Master Club before you may use/access certain features on the Site and/or place an Order on the Site. All matters relating to the membership shall be governed by Sorento’s Membership Terms & Conditions which may be found at Membership Terms & Conditions.
5. Use of the Site
5.1. We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. All specifications, Products listings, descriptions and prices of Products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colours. However, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site.
5.2. The inclusion of any products or services on the Site or promotions, offer or discounts (“Promotion”) at a particular time does not imply or warrant that these products or services or Promotion will be available at any time. We reserve the right to discontinue any listing of products, services or Promotion at any time.
5.3. We reserve the right, but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on the Site and/or through the Products. We may in our sole and absolute discretion, investigate any violation of these Terms contained herein and may take any action it deems appropriate;
(b) prevent or restrict access of any User to the Site and/or the Products; and
(c) request any information and data from you in connection with your use of the Products and/or access of the Site at any time and to exercise our right under this paragraph if you refuse to divulge such information and / or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
5.4. You acknowledge that Beyond Bath may, in its sole discretion and at any time, discontinue providing the Products, either in part or as a whole, without notice.
5.5. Beyond Bath reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, Beyond Bath may disclose the User’s identity, contact information and/or information regarding the User’s account, transactions or activities carried out on or via the Site, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action. Beyond Bath shall not be liable for damages or results arising from such disclosure and the User agrees not to bring any action or claim against Beyond Bath for disclosure.
5.6. We reserve the right, without prior notice, to limit the order quantity on any Product and/or to refuse access to any User. We also may require verification of information prior to the acceptance and/or shipment of any Product.
6. Formation of Contract
6.1. The information set out in the Terms and the details contained on this Site do not constitute an offer for sale but rather an invitation to treat.
6.2. Upon confirmation of your Order on the Site, a purchase order in respect of your Order (“PO”) will be auto-generated and subsequently be delivered to us. The PO constitutes your offer to us to purchase the Products listed in the PO. No contract in respect of any Products shall exist between Beyond Bath and you until your Order has been accepted by us, evidenced by your receipt of an proforma invoice issued by Beyond Bath (“Proforma Invoice”). The PO shall be issued on such terms prescribed by us. No variation or modification to the auto-generated PO is allowed and any such variation or modification shall be null and void.
6.3. The contract for the sale and purchase of a Product between you and Beyond Bath (“Contract”) will only be formed when we send you the Proforma Invoice. The Contract will relate only to those Products which we have confirmed in the Proforma Invoice and we will not be obliged to supply any other products which may have been part of your Order.
6.4. These Terms shall form a part of the Contract.
6.5. Any typographical, clerical or other error or omission in any acceptance, PO, proforma invoice or other document on our part shall be subject to correction without any liability on our part.
6.6. We are under no obligation to fulfil your Order if the price listed on the Site is incorrect (even after the PO has been issued).
6.7. In the event of inconsistency or conflict between the terms of the Contract and these Terms, the terms of the Contract shall prevail, to the extent of such inconsistency.
7. Price and Payment Methods
7.1. You are required to remit the full payment of the amount stated in the Proforma Invoice in accordance to the payment term as stated in the Proforma Invoice. Upon making full payment for the Products, you shall forward the remittance slip and any other supporting documents as may be requested from you to Beyond Bath before your order may be processed. Beyond Bath is deemed to not have received payment until your provision of the remittance and any other supporting documents as may be requested by Beyond Bath.
7.2. Beyond Bath may also use a secure electronic payment gateway service to process all payments made by you (“Payment Processors”).
7.3. You expressly understand and agree that Beyond Bath shall not be liable for any payments and monetary transactions that occur through your use of the services provided by the Payment Processors. You expressly understand and agree that all payments and monetary transactions are to be handled by the Payment Processors and not by us. You agree that Beyond Bath shall not be liable for any issues regarding the financial and monetary transactions between you and the Payment Processors.
7.4. You are responsible for all transactions (one-time, recurring and refunds) made by you. Beyond Bath is not liable for any losses or damage from errant or invalid transactions from your use of the Payment Processors. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.
7.5. You must not use stolen credit cards, or unauthorised credit cards for making payment.
7.6. Prices shown on the Site are in Malaysian Ringgit (RM) and exclusive of any taxes (including, but not limited to, any sales, value added or service tax or such other taxes as may be imposed from time to time), and do not include any applicable shipping or delivery fees. Delivery fees will be charged where applicable and the estimated delivery fee will be included in the order total upon checkout. For the avoidance of doubt, the estimated delivery fee is only an estimation and subject to change.
7.7. The final delivery fees will be included in the Proforma Invoice or as communicated to you by Beyond Bath.
7.8. If the payment is unsuccessful for any reason whatsoever, Beyond Bath shall not be liable for any delay or failure to deliver and we will be unable to conclude any Order with you.
8. Shipping
8.1. Before you confirm and submit your Order, you may elect for the Order to be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Site or pick up the Order at a designated address.
8.2. The Beyond Bath has the right at any time to subcontract all or any of its obligations for the sale/delivery of the Products to any other party without giving notice of the same to the User.
8.3. Upon us confirming the receipt of full payment in respect of the Proforma Invoice, Beyond Bath will endeavour to deliver the order consisting of the Product(s) listed in the Proforma Invoice within the delivery period as indicated in the Proforma Invoice. In the event where the Product is damaged, lost or failed to be delivered, the User acknowledges and agree that once the Product purchased is shipped, Beyond Bath will not be liable for any damage or expenses incurred resulted therefrom.
8.4. Risk of damage to or loss of the Products shall pass to you at the time of delivery of the Products.
8.5. If you fail to take delivery of the Products, the Products shall be deemed deliver to you within thirty (30) days from the date of the Invoice. You agree and undertake to execute the delivery order and/or such other document as may be prescribed by us upon taking delivery of the Products.
8.6. Any dates quoted for the delivery of the Products are approximate only and delays may occur. Beyond Bath shall not be liable for any delay in delivery or performance howsoever caused.
8.7. Notwithstanding delivery and the passing of risk in the Products or any other terms in these Terms, title to the Products shall not pass to you until Beyond Bath has received in cleared funds payment in full.
9. Cancellation or Refusal of Orders
We reserve the right to refuse to process any PO in respect of your Order. We may, in our sole discretion, limit or cancel quantities purchased per person or per Order. These restrictions may include Order placed using the same billing account and/or shipping address. In the event we make a change to or cancel an Order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the Order was made. We reserve the right to limit or prohibit Order that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
10. Returns & Refunds Policy
10.1. Any return, refund or exchange of Products is strictly not allowed unless otherwise agreed by Beyond Bath. And refunds shall be net of all banking, finance and administrative charges and such other charges as may be imposed by Beyond Bath from time to time.
10.2. The User shall upon taking delivery of the Products, immediately examine them for defects without undue delay. Written notification of any dispute shall be given within three (3) days from the date of taking delivery of the Products, otherwise the User shall be deemed to have acknowledged and accepted the Products.
10.3. Incorrect purchases made at the behest of the User will not be entertained. x
10.4. In the event of User’s request for return, refund or exchange of Product, Beyond Bath may request for documents, photographs or other supporting evidence in determination of such requests. Beyond Bath’s decision with regards to such requests shall be final and conclusive.
10.5. There shall strictly be no returns and/or refunds and/or exchange for Products damaged due to shipping, improper handling by shipping/delivery agents, (e.g. Pos Malaysia) and all claims shall lie with the shipping/delivery agent.
10.6. All Products must be returned to and received by Beyond Bath in order for the User to be eligible for a refund or replacement. You shall ensure that the products sent to us are to remain in the same condition as it was when it was received and is packaged properly. In the event that the Product returned is in an unsuitable condition, we reserve the right not to accept the returns and send the products back to you and all cost and expense shall be borne by you fully.
10.7. To return a Product, please send an email at customerservice@sorentomasterclub.com.my and include the product name, quantity returned, User contact details, photographic evidence of the defective product and the respective proforma invoice number as well as the desired course of action sought (i.e. return or refund). All costs arising from and incidental to the return of the Products shall be fully borne by you, unless otherwise agreed by Beyond Bath.
10.8. For instances of returns and upon confirmation in writing by Beyond Bath approving such returns, please send the Product to such location designated by us.
11. Links to Third Party Websites
The Site may include links to other websites maintained by third parties. These links are provided to you solely as a convenience, and the inclusion of these links to third party websites does not imply endorsement by us of the content or materials on these websites. Your access to these third-party websites is at your own risk and we will have no liability arising out of or related to such websites or your access to or use of such websites.
12. Limitation of Liability
12.1. YOUR USE OF THE SITE IS AT YOUR OWN RISK. The Products provided on or through the site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. With respect to our Products, there are no warranties, express or implied, which extend beyond the description of the merchandise contained on our order confirmation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law.
12.2. We shall not be liable for any damages for any damages of any kind arising from the use of the Site, including but not limited to direct, indirect, incidental, punitive and consequential damages, even if we are expressly advised about the possibility of such damages. In the event Beyond Bath is held liable under applicable laws, our liability shall only be limited to the Products supplied and shall be strictly limited to the total sum for the Contract only.
13. Disclaimer
13.1. The content displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, Beyond Bath and the affiliated suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site and any Products or materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
13.2. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
13.3. For the avoidance of doubt, you shall at all times, be considered as dealing as a business entity and not as a consumer within the meaning of Consumer Protection Act 1999 (“CPA 1999”) of Malaysia and nothing in this Terms shall be construed as falling within the ambit of CPA 1999.
14. Indemnification
You agree to indemnify and hold us, our directors, officers, employees, agents, affiliates and subsidiaries harmless from and against any and all claims, damages, costs and expense, including attorney fees, arising from or related to your use of this Site or the Products or breach of these Terms.
15. Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Malaysia. The waiver of any provision of these Terms shall not be considered as a waiver of any other provision of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
16. Miscellaneous
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these of these Terms, which shall remain in full force and effect.
17. Force Majeure
17.1. We shall not be liable to you for any breach, hindrance or delay in the performance of an Order attributable to any cause beyond our reasonable control, including without limitation (“Force Majeure Events”):
(a) Strikes, lock-outs or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks; and
(f) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
17.2. Beyond Bath may suspend or terminate the Contract at its sole discretion in the occurrence of Force Majeure Events by written notice to you and without any liability other than making a refund for the Product already paid for by you.
18. Privacy Policy
You may refer to our privacy policy for information about how we collect use your personal data.
19. Assignment
You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms or all or any of your rights or obligations under these Terms.
20. Relationship
Nothing in these Terms shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
21. Third Party Rights
No person who is not a party to these Terms shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms or its assent to any such term.
(a) Strikes, lock-outs or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks; and
(f) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
17.2. Beyond Bath may suspend or terminate the Contract at its sole discretion in the occurrence of Force Majeure Events by written notice to you and without any liability other than making a refund for the Product already paid for by you.
18. Privacy Policy
You may refer to our privacy policy for information about how we collect use your personal data.
19. Assignment
You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms or all or any of your rights or obligations under these Terms.
20. Relationship
Nothing in these Terms shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
21. Third Party Rights
No person who is not a party to these Terms shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms or its assent to any such term.