Terms & Conditions of Motherly Love
Part 1. General Rules
Article 1 (Definition)
- "Buyer" means anyone of the age of 18 or more is eligible to proceed for the sole purpose of purchasing (including foreigners residing in Malaysia). If you are under 18 years old, you may use this Site only with authorization from a parent or legal guardian.
- "Business Day" means any day during which the services are normally provided by Motherly Love, which excludes Saturdays, Sundays and any public holidays in Selangor.
- Any terms used herein but not otherwise defined in Article 1 shall be interpreted in accordance with the standard practices of transaction.
Article 2 (Specification, Effectiveness and Amendment of this Agreement)
- In the event this Agreement is amended, Motherly Love shall notify of such amendment (including the effective date of such amendment and the reason for amendment) through its Site 15 days prior to the effective date of such amendment; provided, however, in the case of any amendment disadvantageous to the Buyer, such shall be notified through its Site 30 days prior to the effective date and shall be also individually notified by way of sending email, SMS etc. to the Buyer.
Article 3 (Product Information)
- Motherly Love has taken reasonable steps to display as accurately as possible the pack shots, product descriptions, screen shots, specifications and other detailing of the products in the images that appear on the Site. However, as the actual detailing that the Buyer see onscreen will depend on the Buyer’s monitor, Motherly Love cannot guarantee that the monitor's display of such detailing will exactly reflect the detailing of the product upon delivery.
Article 4 (Use of the Services by Buyer)
- All prices are in Ringgit Malaysia (RM).
- Price may change anytime prior to acceptance of the Buyer order.
- Delivery charges will be clearly set out when the Buyer place the order and will be added to the total amount. Prices and delivery charges displayed are valid and effective only in Malaysia.
- For pre-orders, these are orders for items that have not yet become available. Release dates are set by the manufacturers and are subject to change. As a result Motherly Love is not liable for any changes to a pre-release date advertised by MotherlyLove MY.
- Before purchasing any Products, the Buyer must accurately confirm the terms of the transaction and the detailed description of the Products prepared by Motherly Love posted on the Site. The Buyer shall be responsible for all losses and damages arising out of or in connection with any purchase made without confirming the foregoing.
- The Buyer will receive an email, once the Buyer order is in process detailing the order reference and details of the product(s) you have ordered.
- Although Motherly Love endeavor to give accurate stock availability information on the Site occasionally products you order may not be available. If this happens, Motherly Love will cancel your order, send you an email to confirm the cancellation and any sum paid to Motherly Love will be refunded in full.
- We cannot accept your order until you have paid for it in full. Payment must be made in full prior to the delivery of the items to your mailing address.
- In the event the payment is not made within three (3) days from the date on which the purchase order is placed, it shall be deemed that the order has been cancelled, and the relevant order shall be automatically cancelled.
- Any remittance charges, etc. incurred in connection with making payment of the Products through the payment settlement agent services provided by Motherly Love shall be borne by the Buyer who remit the payment.
- Motherly Love may confirm whether the Buyer has the justifiable right to use the means of payment used by the Buyer and may stop or cancel the transaction until such confirmation is completed.
- The Buyer shall use the means of payment available under its name when purchasing the Products and shall not arbitrarily use the means of payment available under other's name, etc. The Buyer shall be responsible for all damages and losses suffered or sustained by Motherly Love, the owner of such means of payment and Motherly Love arising out of the Buyer's arbitral use of the means of payment available under other's name.
- The Buyer shall be responsible and liable for the information provided by the Buyer in connection with the payment of the purchase price and any disadvantages arising out of such information.
Article 5 (Order Limitations)
- Motherly Love reserves the right to reject any product(s) order the Buyer place with us, and/or or to quantities on any order, without giving any reason. If we reject the order, we will generally attempt to notify the Buyer using the e-mail address you gave us when you placed the order.
- In the event Motherly Love makes a change to an order, Motherly Love will attempt to notify you by contacting the e-mail and/or contact number provided at the time the order was made.
Article 6 (Delivery; Completion of Transaction)
- A delivery period starts on the date immediately succeeding the date on which the payment has been confirmed and we have sent the confirmation of delivery to you and ends on the date on which the delivery is completed. In the case of public holidays and other holidays in Kuala Lumpur or the occurrence of the natural disaster or the force majeure events, such period shall be excluded from the delivery period.
- Delivery charges will be clearly set out when you place your order and will be added to the total amount.
- Motherly Love to deliver the products ordered to the mailing address which The Buyer supply. We cannot deliver items within the same order to multiple addresses. Certain deliveries may require a signature to confirm receipt.
- Motherly Love will advise the Buyer by email or phone if there is likely to be a delay in mailing your order. Motherly Love reserve the right at our discretion to ship orders only to the mailing address provided.
- If The Buyer order two or more items from us and one of those items is not in stock, Motherly Love will contact the Buyer (using the details you provide to us when ordering) to discuss changes to your order.
- Once delivered, the products ordered will become the Buyer property and the Buyer responsibility. Except in relation to products that are damaged or faulty when delivered or which have been incorrectly delivered, Motherly Love will not accept any liability for their loss, damage or destruction after they have been delivered.
- If the Goods purchased are not delivered in accordance with the Contract or within a reasonable time, the Buyer shall be entitled, by serving written notice on Motherly Love, to demand performance within a specified time thereafter, which shall be at least 14 days. If Motherly Love fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract in respect of the undelivered Goods.
Article 7 (Return/Exchange/Refund/Cancellation)
- The Buyer may request for the return or exchange of the Products within three (3) days from the date on which the Product is delivered if the Products are:
- The product is defect when reaching the Buyer;
- The product comes with missing part;
- Motherly Love send the wrong product to the Buyer
- The Buyer may not be entitled to request return or exchange in any of the following cases:
- The Product is damaged due to a cause attributable to the Buyer;
- The value of the Product has been significantly reduced due to the use or partial consumption thereof by the Buyer;
- All necessary expenses such as round-trip delivery costs for the exchange or return shall be borne by a party to whom a cause is attributable.
- In the event the request for exchange is made and Motherly Love does not have the relevant product in stock, the exchange is impossible, in which case such request shall be handled as return of the Products.
- The Buyer shall be responsible for all costs incurred in connection with any exchanges made, except where the relevant exchange is made due to defects in the Products, in which case, Motherly Love shall be responsible for round-trip delivery costs of such defective Products.
- If the Buyer fails to return the Product, or is not reachable (by telephone, email, etc.), within seven (7) days from the date on which the Buyer's request for exchange, return, etc. has been registered, it shall be deemed that the Buyer has withdrawn its such request.
- The Buyer may change his or her purchase before the Buyer has make any payment to the Product. Once the product is paid, change of order is not allowed.
Article 8 (Change and Protection of Personal Information)
- The Buyer shall be responsible for any damages occurring from the non-updated personal information, for which Motherly Love shall not be responsible in any way whatsoever.
- Motherly Love shall not use any information of the Buyer for purposes other than to provide the Services, nor shall it provide such information to any third party without the consent of the Buyer, with the following exceptions:
- to provide to delivery company or etc. the minimum information relating to the Buyer (name, address, contact information, ) that are necessary for transaction, delivery, etc.
- when the use of the personal information of the Buyer and the provision of such information to a third party are permitted under the laws and regulations.
- When such information is required to execute the purchase and sale and for return, exchange, cancellation, etc., following the completion of the purchase and sale; provided, however, that Motherly Love is entitled to provide the contact information of the counterparty only to the relevant Buyer who participated in the purchase and sale.
- We may share your personal information with:
- Third-party service providers under contract who help with our business operations: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links(including paid listings and links), processing credit card payments, investigating frauds and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
- Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, postal code, telephone number, email address, fraud complaints, and purchasing and listing history;
Article 9 (Privacy)
- For the avoidance of doubt, if Motherly Love has reasonable grounds to believe that any Buyer is in breach of any of the terms of this Agreement, Motherly Love reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and/or injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing.
- Further, Motherly Love may disclose the Buyer's identify and contact information, or such other transaction-related data, if requested by a government or law enforcement body, private investigator, rightful owner or interest holder and/or any injured third party or as a result of a subpoena or other legal action, or if Motherly Love is of the view, in its sole and absolute discretion, that it would be in its best interest to do so. Motherly Love shall not be liable for damages or results arising from such disclosure, and the Buyer(s) agrees not to bring action or claim against Motherly Love for such disclosure.
- Motherly Love may terminate the agreement in the event any of the following has occurred or has been confirmed in respect of the relevant Buyer:
- Raising any claims in a constant and malicious manner without any reasonable grounds.
- Constantly cancelling or returning the Products or services that are not particularly defective after using such Products or services.
Article 10 (Copyright Policy)
- Motherly Love shall have the ownership over a copyright and any other intellectual property rights relating to any works prepared by Motherly Love.