Welcome to the www.comfybaby.com.my website (the "Site"). Please read through them carefully before placing your order. By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
THESE TERMS AND CONDITIONS MAY CHANGE
Comfy Baby reserves the right to update or modify these Terms and Conditions at any time without prior notice. Those changes will go into effect on the Last Updated Date shown in the revised Terms and Conditions. By continuing to use the Web Site or our mobile applications, you are agreeing to the revised Terms and Conditions. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Web Site or mobile applications.
You must be at least eighteen (18) years of age to use the Web Site or our mobile applications. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the Web Site and our mobile applications with permission from your parent or legal guardian.
Comfy Baby welcome your comments about our Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to our Web Site shall be and remain the exclusive property of Comfy Baby. Your submission of any such Comments shall constitute an assignment to Comfy Baby of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Comfy Baby will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
You are responsible for your use of the Web Site and mobile applications, and for any use of the Web Site or mobile applications made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Web Site or mobile applications, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
- post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Web Site or mobile applications;
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- stalk, harass, or harm another individual;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- use any means to scrape or crawl any Web pages contained in the Web Site;
- attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Web Site or mobile applications;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Web Site or mobile applications; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
The Web Site allows you to upload, submit, store, send, or receive content and data ("User Content"). You retain ownership of any intellectual property rights that you hold in that User Content. When you upload, submit, send, or receive User Content to or through the Web Site, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Web Site), publicly perform, publicly display, and distribute your User Content. This license is for the purpose of operating and improving the Web Site, to develop new products and services, and for other Comfy Baby marketing purposes, including without limitation in catalogues, email and other customer communications, store materials and other marketing. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Comfy Baby or the Web Site. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Web Site.
You promise that:
- you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
- your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Web Site for any reason.
USE OF SERVICE VIA MOBILE DEVICE
If you use the Service through your mobile device, we may collect your geo-location information to assist us in fulfilling your order. We will not share this information with third parties and will only use this information for the sole purpose of fulfilling your order. You may at any time prevent the Service from using your location by turning this option off at the device level.
When you use the Service through your mobile device, we also collect device type and UUID, a unique identifier generated within the App, and store this information in log files. We use this information to provide you with the most up to date application and features, or to advertise or promote products or services to you that are applicable to your device type.
PRODUCT PRICING INFORMATION
The price of the Goods and/or Services shall be the price stated in Comfy Baby website at the time which the Buyer makes its offer purchase to Comfy Baby. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Comfy Baby in addition to the price.
Occasionally we will offer special promotions to our customers that we refer to as "special offers" or "special offer". This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.
TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Rocket Internet Malaysia (950035-M), in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
TERM OF USE
In these Terms and Conditions:
“Site” means the websites and social media networking websites, sites, applications and/or accounts under the Comfy Baby brand.
“Comfy Baby” or “We” or “Us” means Comfy Baby, a brand by Comfy Nest Sdn Bhd (Company Number 201301045284 (1075107-V)), a company incorporated in Malaysia and having its address at No.34, Jalan Sierra 10/2, Bandar 16 Sierra, 47120 Puchong, Malaysia.
"Account" means a one-time registration account created for a Customer which containing the information of the Customer including without limitation name, address, identification number (NRIC/Mykad), telephone number and/or such other information as may be requested by Comfy Baby for purposes of registration;
"Business Day" means a day (s) on which commercial banks are open for business in Selangor (other than Saturdays, Sundays and public holidays);
"Order" means the Order submitted by you to the Site to purchase a Product from us;
“Content” means includes but is not limited to text, photographs, trademarks, music, artwork, computer code, visual interfaces, graphics, user interfaces, logos and music, including but not limited to the design, selection, expression, “look and feel”, structure and arrangement of the Content on the Site;
"Contract" means your Order of a Product or Products in accordance with these Terms and Conditions;
"Customer/Customers” or “You/Your” means any individual who places an Order and purchases a Product from Comfy Baby Site;
2.0 THE AGREEMENT
The supply of Goods by Comfy Baby to the Buyer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Customer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.
Any information made available in Comfy Baby website connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the Contract the Customer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.
No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Customer and Comfy Baby.
Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Comfy Baby in its website shall be subject to correction without any liability on the part of Comfy Baby.
Comfy Baby may provide Customer with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document.
3.0 CUSTOMER ACCOUNT REGISTRATION
During the registration process, Customers will be require to provide Personal Information including your name, email address, and telephone number. You must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Site.
Upon registration as per the manner above, the Customer’s Account will be created. Customers only need to register an Account once. For subsequent Orders, Customers will only need to go through Comfy Baby’ verification process. Subject to the terms contained herein, Comfy Baby reserves the right to decline a new Account or to cancel an existing Account at any time at its sole discretion.
3.1 Modifying or Deleting Your Personal Information
If you would like to modify or delete Your Personal Information, please contact us here with clear instructions about what you would like to be modified or deleted. We will respond to your request promptly.
3.2 Changing Your Subscription Preferences
If you tell us that you do not want us to use your Personal Information to contact you, Comfy Baby will respect your wishes. If you are a registered user, you may change your preferences to receive or not to receive email or other communications from us by logging in to your account and indicating those preferences on the "My Account" section of our Service.
You may also instruct Comfy Baby to stop sending you emails, newsletters or other information by following the ‘unsubscribe’ instructions provided in the email. Comfy Baby may, however, continue to use your Personal Information to contact you to service your account or as otherwise authorized by law. Please note that if you use more than one name or e-mail address when communicating with Comfy Baby or using the Service, you may continue to receive communications from Comfy Baby to any name and/or email address not specified in your opt-out request.
4.0 PRODUCTS DESCRIPTION AND AVAILABILITY
Subject to the provisions on warranties in Section 7 below, while all images, photographs or videos of the Products presented, showcased, displayed, broadcasted and available on Comfy Baby Site are for illustrative purposes only, Comfy Baby will attempt to ensure that all description of the Products shown on the site are as accurate as possible. Although Comfy Baby has taken reasonable care to present the description of the Products accurately, the actual Products delivered may vary slightly from those shown on the site due to reasons including without limitation any web image quality, broadcast quality, packaging, redesign and improvements.
The availability of the Goods/Products presented on Comfy Baby Site depends on availability of stock and Comfy Baby does not guarantee the availability of the Goods/Products. In order to ensure that Products are available to all Customers, Comfy Baby has the right to set maximum limits in advance for the purchase of individual items by a single Customer. If the Products requested by the Customer are unavailable or out of stock, Comfy Baby shall make every effort to offer a substitute item which is closest in terms of price and type to the originally requested item and in this connection, Comfy Baby shall not be held liable in any manner whatsoever to the Customer. Comfy Baby shall also be entitled to carry out special promotions which offer free gifts or promotional items at its sole discretion from time to time subject to such terms as may be decided by Comfy Baby.
5.0 TERMS OF PAYMENT
The customer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in Comfy Baby’s website. The terms and conditions applicable to each type of payment, as contained in Comfy Baby’s website, shall be applicable to the Contract.
5.1 In addition to any additional terms contained in Comfy Baby’ website, the following terms shall also apply to the following types of payment:
5.1.1 Credit Card
Credit Card payment option is available for all Customers. Comfy Baby accepts all Visa and MasterCard, both Credit and Debit, and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. All your credit card information are protected by means of industry- leading encryption standards. Please take note that additional charges may be incurred if You are using a non-Malaysian issues card due to Foreign Exchange.
5.1.2 Debit Cards
Comfy Baby accepts all Malaysian Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected by means of industry-leading encryption standards.
5.1.3 Online Banking
i. By choosing this payment method, the customer shall transfer the payment for the Goods to a Comfy Baby’s bank account for the total amount of the customer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Comfy Baby, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
ii. For the time being, Comfy Baby accepts online bank transfers from AmBank, Bank Islam, CIMB Bank, Hong Leong, Maybank, Public Bank, RHB.
6.0 SHIPPING AND PROCESSING
Comfy Baby shipping and processing charges are intended to compensate our company for the cost of processing your order, handling and packing the products you purchase and delivering them to you. We encourage you to also review detailed information about our shipping and processing fees.
(i) We aim to deliver the Goods/Product to you at the place of delivery requested by you in your Order and the delivery time indicated by us at the time of your order checkout (as updated in the Order Confirmation).
(ii) We shall notify you if Comfy Baby expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
(iii) Customer may be required to sign for delivery as acknowledgement of receipt of Goods / Products. You may contact Comfy Baby Customer Service Team at +603 8959 1315 or [email protected] in case of any faults, defects or damage. You shall be able to provide the documents delivered with the Product, upon request.
(iv) Kindly note that it might not be possible for us to deliver to some locations in which event, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
(v) We deliver in our standard packaging.
(vi) All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product. Any breach of obligations by you, might impact your ability to shop on Comfy Baby in the future.
(vii) If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier.
(viii) If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within one week of our first attempt to deliver the Product to you) accept delivery, we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) charge you for any fee and other costs reasonably incurred by us; or
(b) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause viii (a) above).
You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
(c) In event there exists a conflict of total cart size which entitle free shipping, the value on website shall prevail.
7.0 MISTAKEN ORDERS
If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact [email protected] immediately. We will try our best to process your request.
8.0 REFUSAL OF ORDER
Comfy Baby reserve the right to withdraw any Products from this Site at any time and/or remove or edit any materials or content on this Site. Comfy Baby will make the best efforts to always process all Orders but there may be exceptional circumstances wherein, Comfy Baby may need to refuse to process an Order after we have sent you an Order Confirmation, which Comfy Baby shall reserve the right to do at any time, at our sole discretion.
If Comfy Baby cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.
Comfy Baby will not be liable to you or any other third party by reason of our withdrawing any Product from this Site, whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept an Order.
9.0 CANCELLATION BY CUSTOMER (NON-FAULTY PRODUCT)
If you wish to cancel your Order please contact our Customer Service Team on +603 8959 1315 or email to [email protected] No cancellation fees shall be applicable. Once an Order has been dispatched it may not be cancelled and the item must instead be returned to the company according to guidelines provided by the Customer Service Team (Please call the above stated number or refer to your return-slip provided in your received parcel).
10.0 FAULTY PRODUCTS
All Product descriptions, information and materials posted on this Site are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising. Product image as seen on the Site may slightly differ from the actual Product that you receive.
If the item you receive is faulty, please contact our Customer Service Team and provide your Order number, your name and address, details of the Product and the reason for return, and whether you require a refund or a replacement. Upon receipt of the Products, we will examine it and we will advise you on the status of the replacement or refund (if any) via email as soon as practicable. Comfy Baby may at its discretion refuse to process a replacement/exchange order however may offer a refund as a substitute remedy.
In the event the Product returned is not faulty, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
11.0 INACCURACY DISCLAIMER
From time to time there may be information on our Web Site or in our catalogue that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Comfy Baby reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.
DISCLAIMER OF LIABILITY
This web site and our mobile applications, and all content available on this web site, our mobile applications, or both, are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of title or implied warranties of merchantability, non-infringement, or fitness for a particular purpose or those arising out of a course of dealing or usage of trade, to the fullest extent permitted by applicable law. To the fullest extent permitted by applicable law, you acknowledge and agree, by your use of this web site or our mobile applications, as applicable, that your use is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use, and that Comfy Baby. And its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, and licensors ("affiliates") shall not be liable for any damages of any kind related to your use of this web site or our mobile applications.
In particular, and to the fullest extent permitted by applicable law, Comfy Baby and its affiliates make no representations or warranties about the accuracy or completeness of content available on or through the web site or mobile applications, or the content of any websites or online services linked to or integrated with the web site or mobile applications. To the fullest extent permitted by applicable law, Comfy Baby and its affiliates will have no liability for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the web site or mobile applications; (c) any unauthorized access to or use of our servers or of any personal information or user data; (d) any interruption of transmission to or from the web site or mobile applications; (e) any bugs, viruses, trojan horses, or the like which may be transmitted on or through the web site or mobile applications by any third party; or (f) any loss or damage of any kind incurred as a result of the use of any content posted or shared through the web site or mobile applications.
To the fullest extent permitted by applicable law, in no event will Comfy Baby or its affiliates be liable to you or any third party for any indirect, special, incidental, punitive, or consequential damages (including for the indirect loss of profit, revenue, or data) arising out of or relating to the web site or mobile applications, however caused, and under whatever cause of action or theory of liability brought (including under any contract, negligence, or other tort theory of liability) even if advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
You agree to indemnify, defend, hold harmless Comfy Baby, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Site or your breach of the Terms and Conditions.
PERSONAL DATA PROTECTION
Comfy Baby shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of Comfy Baby ' obligations if the delay or failure was due to any cause beyond Comfy Baby’ reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond Comfy Baby ' reasonable control:
(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
(f) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
In the circumstance that the Force Majeure event lasts for more than one week, either you or we may terminate the Contract forthwith by written notice and without any Liability other than a refund of a Product already paid for by you and not delivered.
If Comfy Baby have Contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion which Contracts we will perform and to what extent. Comfy Baby shall reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Comfy Baby, to its registered office or principal place of business and if to the Consumer, to the address stipulated in the relevant offer to purchase.
HYPERLINKS TO OTHER WEB SITES
To the extent our Web Site contains hyperlinks to outside services and resources, the availability and content of which Comfy Baby does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.
THIRD PARTY FEATURES
These Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Malaysian Law. Both Comfy Baby and you hereby submit to the non-exclusive jurisdiction of the Malaysian Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
Comfy Baby shall reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.