Welcome to LoyarBarang.
By accessing this site, using our services, or ordering any of our products, you hereby agree to be legally bound by the Terms and Conditions set out below, and are entering into a contract with Liberal Banter Sdn Bhd (reg no. 723502-K) at A-3A-8 Pantai Business Park, Jalan Pantai Baharu, 59200 Kuala Lumpur, who is the owner of this website. If you do not agree to these Terms and Conditions in their entirety, please leave this website immediately.
1.1 You hereby represent and warrant that –
(a) you have read and agree to these terms and conditions;
(b) you are at least 18 years old and have legal capacity, right, power and authority to agree to these terms and conditions; and
(c) all the information that you provide to us is accurate and complete.
1.2 We will not be liable for any loss that may be suffered by you if for any reason whatsoever our website is unavailable at any time or for any period of time. We have the rights to restrict your access to some parts or all parts of our website and we may vary, cease or suspend this website, services and products at any time.
1.3 We reserve the right to change these Terms and Conditions at any time without prior notice to you by posting changes online. Your continued use of our website after changes are posted constitutes your acceptance of the newly amended Terms and Conditions.
2. DEFINITIONS AND INTERPRETATIONS
2.1 In these Terms and Conditions, unless there are inconsistencies to such context or where it is otherwise provided –
(a) “Account” means a registered account of a Member opened under this Site;
(b) “Acknowledgement” means our acknowledgement of your Order by email;
(c) “Agreement” means the agreement formed by these Terms and Conditions;
(d) “Business Day” means a weekday excluding Saturday, Sunday and public holidays in Malaysia;
(e) “Computer” means your computer, notebook, mobile phone or other electronic or digital device used to access this website ;
(f) “Confirmation of Order” means our email to you, in which we accept your Order;
(g) “Contract” means your order of a product or products in accordance with these Terms and Conditions which we accept;
(h) “Member” means a registered member of our website;
(i) “Product” means books, clothes, accessories, and other products available for purchase at our website;
(j) “Order” means the order submitted by you to our website to purchase product(s) from us;
(k) “User Content” means all contents in our website which is created, transmitted, posted or uploaded by a user of our website.
2.2 The words “include” and/or “including” shall not have any limiting effect;
2.3 The headings in these Terms and Conditions do not have any legal effect nor shall they affect the construction of this Agreement in any way.
3. DISCLAIMERS & LIMITATIONS
3.1 We have taken all reasonable care and effort to ensure that all details and information displayed on our website including but not limited to prices, images and descriptions of the Product are correct at the time when the relevant information was entered onto the system.
3.2 We provide the contents in our website for informative purposes only and on an ‘as is’ and ‘as available’ basis without any express or implied warranties.
3.3 We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of the Product that appear on the website. What you see will depend on your monitor and your Computer, therefore we are unable to guarantee that the Products and images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your purchase.
3.4 We disclaim all express or implied warranties including but not limited to implied warranties of satisfactory qualities of our Products, the merchantability purpose; compliance with every detailed description of the Product; or non-infringement warranty of the Product to the extent permitted by the law.
3.5 We will not be liable in the event there are interruptions or errors in the functions of access to our website or that where there is omission on our part. We will try all endeavours to ensure that the website is always up-to-date but we do not warrant that any defects will be immediately corrected or the website or our services is free of viruses or any other harmful components.
3.6 We shall not be liable in the event this website is not available at all times. We make no representations or warranties that your access to this website will be uninterrupted and error-free at all times due to the nature of the Internet. We may at any time suspend the website to carry out updates and repairs.
3.7 You agree that we shall not be liable (whether in tort, contract or any other legal head of liability) in relation to your use or inability to use or delay in your use of the website or any material in it or accessible from it or from any action or decision taken as a result of using this website or any such material which may result in any of the following including but not limited to consequential loss, loss of contracts, loss of revenue, loss of opportunity, loss of business or loss of actual or anticipated profits.
3.8 We have the rights to suspend you and/or all other users’ use of this website whether temporarily or permanently at any time without notice. We may also impose restrictions on the length and manner of your usage on any part of this website for any reasons whatsoever.
3.9 We do not warrant that your use or download of any of our services from our website would not affect the performance or function of your Computer. We shall not be liable for any damage to, or viruses or other codes that may affect your Computer, software, data or other properties be it yours or any other third parties as a result of your access to or use of this website.
3.10 LoyarBarang and Liberal Banter Sdn Bhd do not endorse or promote any financial products, services or promotions relating to the purchase of our products.
3.11 You acknowledge and hereby agree that LoyarBarang and Liberal Banter Sdn Bhd do not endorse and has no control over third party products that are not ours and we hereby expressly disclaim all liabilities from your loss (if any) resulting from your usage or reliance of such third party products advertised in our website or on linked sites.
3.12 You agree that some of our services may enable other online users to upload User Content on our website and any reliance or acceptance by you on such opinions on information by other users shall be solely at your own risk. We shall not be liable to any loss that you suffered from such reliance on any User Content.
3.13 Any information on our website shall not constitute any part of an offer or contract.
3.14 Comments, opinions and other materials posted on our website shall not constitute an advice on which reliance should be placed. We therefore disclaim all liabilities and responsibilities arising out of your reliance placed in such aforesaid comments, opinions and materials.
4. AGE RESTRICTION
4.1 To place an order with LoyarBarang and Liberal Banter Sdn Bhd you must be over 18 years old and you must possess a valid credit or debit card issued by a bank or institution acceptable to us, or be entitled to make payments by some other mode acceptable to us.
4.2 You must have the legal capacity, right, power and authority to purchase any of our online products.
5. REGISTRATION FOR SERVICE
5.2 An Account will be created with your own personalised username together with the assignment of a password to your Account which you will be requested to change after activation of your Account via a link emailed to the email address that you provided during the registration. You must keep your password confidential and you owe the duty to immediately notify us in the event there is any unauthorised third party use of your Account. You hereby acknowledge and agree that any other third party to whom you disclose your password and/or authorise the use of your Account shall be deemed as your agent.
5.3 We reserve the right to close your Account at any time without notice to you in the event you are found or it is believed that you have used or will be using our website with the malicious intention to disrupt our website in any way.
6. ORDER PROCESS
6.1 All orders that you place on this website will be subject to acceptance in accordance with these Terms and Conditions.
6.2 You must first register for an Account on our website prior to placing an order.
6.3 Irrespective of any previous prices that you have seen or heard, once a Product is selected for Order, you will be required to make payment of the charges including but not limited to taxes and/or delivery and handling charges (if applicable). Unless expressly stated, all charges and prices displayed are in Ringgit Malaysia.
6.4 Although we try to ensure all our prices displayed on our website are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
6.5 You shall pay for the Product, handling and delivery charges in full at the time of Order by supplying us with the requested paypal, credit or debit card details from Paypal, or from a credit or debit card company acceptable to us for the processing of your Order as indicated in the payment instruction page. We shall not in any circumstances be bound to supply you with your Product until we have received your payment in full. We reserve the right not to offer you certain forms of payment methods and to refer you to our other forms of payment. We reserve the right to validate your payment details before providing you with the Product.
6.6 Non-acceptance of your order may be due to any one or more of the following reasons:
(a) The Product that you ordered is out of stock.
(b) Our inability to obtain the authorisation for your payment.
(c) There is system or procurement failure.
(d) There is description error in the Product.
6.7 You are responsible to review the latest Terms and Conditions each time you place an Order.
6.8 When you place an Order on our website, we shall email you an Acknowledgment detailing the Product you have ordered. This email of Acknowledgment does not serve as the Confirmation of Order.
6.9 When we accept your Order, a Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we send you an email of Confirmation of Order and such Confirmation of Order shall be effected when your Product has been dispatched by us. We reserve the right to dispatch multiple orders separately. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If either you or we have cancelled your Order before we have accepted it, we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.
6.10 We will try our best to ensure that the price given to you is accurate, but the price of your Order will have to be validated by us as part of our acceptance procedure. In the event the price for your Order changes before we accept your Order, we will seek for your confirmation as to whether you wish to proceed with the amended price. If we were unable to contact you, we will treat your Order in respect of the Product as cancelled.
6.11 A Contract will only exist where the dispatch of the Product has been confirmed via the Confirmation of Order. We will not supply any other Product which may be part of your Order until we have sent a Confirmation of Order in respect of those other Product.
7.1 We aim to deliver the Product to you at the place of delivery requested by you in your Order.
7.2 We target to deliver your Product within the time frame stipulated by us in your Confirmation of Order but we do not warrant that such delivery could be effected strictly within the estimated time due to external factors.
7.3 Please note that your delivery may take longer during sale or other busy periods.
7.4 All parcels will be delivered by way of Poslaju or some other courier service selected by us at our discretion. Your signature may be required upon delivery. If you were out when the courier attempted to deliver your parcel, they will leave a card with a contact number for you to arrange a new delivery date.
7.5 The delivery rate will be stated in the Confirmation of Order based on the approximate weight and size of your parcel of Product. In the event that you request for special packaging of your Product, extra charges will be imposed.
7.6 We shall not be liable for any late deliveries caused by third parties, fire, flood, or any mechanical breakdowns, or for any cause not attributable to the fault of (*name of company). We shall not be liable for the non-delivery of your Order due to any incorrect postcodes or delivery addresses provided by you.
7.7 It might not be possible for us to deliver to some locations. In the event this happens, we will inform you based on the contact details that you provide us while placing the Order and we will arrange for a cancellation of the Order to be made or for there to be a delivery of the Order to an alternative delivery address.
7.8 All risks shall pass to you at the time of 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.
7.9 You shall exercise care when opening the package containing the Product so as not to damage it.
7.10 You shall ensure that you are ready for receipt of the Product without undue delay and at any time reasonably specified by us.
7.11 In the event you refuse to accept delivery or collect the Product in accordance with the procedure set out by Poslaju, there will be no refunds and the purchase price paid to us will be deemed to be forfeited by us as agreed liquidated damages. :
7.12 We do not warrant that the Product will meet your individual expectations and/or requirements. You hereby acknowledge that the Product is not made bespoke to fit any particular requirements that you may have.
8. ORDER CANCELLATION
8.1 If, for any reason, you wish to cancel any Order you have placed before the Product has been dispatched for delivery, please contact LoyarBarang Customer Service team at 03-22011454 or online at [email protected].
8.2 As it is our policy to try to process orders immediately it may not always be possible to stop an order from being dispatched. If the cancellation by the customer is only made after the Product has been dispatched, the Product must be returned to us according to the Returns Policy.
8.3 We are unable to accept cancellation of Product that has been personalised, e.g. where it has been customised or altered to a customer’s specification or request.
8.4 We reserve the right to cancel a Contract if the Product under the Order is not available for any reason. We will notify you in the event this happens and we shall return in full of any payments that you have made. Such refund shall be by way of the payment method that you opted for when making payment for the Order.
9. FAULTY PRODUCTS
9.1 We warrant that –
(a) upon dispatch, the Product in the Order is undamaged and is in good quality; and
(b) the Product will conform to the specifications that we posted on our website at your time of Order (subject to clause 9.3 herein).
9.2 The Product is intended to be used strictly in accordance with the instructions or labels on the apparels and/or accessories.
9.3 Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent they are reasonable.
9.4 In the event you inform us that the Product is faulty, you hereby agree to keep the Product in its current condition available for us or our agent appointed by us to inspect the said Product within a reasonable period of time.
9.5 To facilitate us in providing you with any remedies for a faulty Product, we may require your assistance and prompt provision of certain information about the Product including –
(a) your detailed specifications on the way in which it is alleged the Product is damaged or defective;
(b) you providing us with the delivery note number and other information that we may require; and
(c) you providing us with a picture of the alleged damage or defect.
9.6 Please make sure that the faulty product(s) are returned within 14 Business Days and in an unused condition, in their original packaging, with any labels and/or garment and/or accessories tags still attached. Please re-use the delivery packaging provided.
9.7 Once we have received the damaged item(s) under which it had been dispatched, a refund will be issued to your bank account. This will appear on your account within seven days from the date of our receipt of the Product depending on your bank.
9.8 We will not replace or provide a refund for the Product where it conformed to the Contract. Without prejudice to the generality of the above, we will not replace or provide a refund for the Product where upon investigation we find that the Product has –
(a) been misused, abused, subjected to neglect, improper use or inadequate care, carelessness, damage or abnormal conditions;
(b) damaged due to your own attempt of modification or repair;
(c) been dealt with or used contrary to our manufacturer’s instructions of the Product; or
(d) deteriorated through normal wear and tear after our delivery.
9.9 In any event, to the extent permitted by law, PLEASE NOTE THAT we shall not be liable to you for any death, injury to person or property, losses, liabilities, costs, damages, charges or expenses arising as a result of the Faulty Product.
10. RETURN POLICY
10.1 We regret that we are unable to accept returns of Products at this time, except for Faulty Products in accordance with Clause 9.
11. GUARANTEE AND COMPLAINTS MANAGEMENT
11.1 We shall perform our obligations under these Terms and Conditions with reasonable skill and care.
11.2 We value all our customers’ feedbacks and we would like to ensure our customers’ satisfaction of our services and products at all times. We will attempt to address any of your concern or issues raised as soon as possible and will contact you upon our receipt of any complaint or enquiry. In guarantee cases, the manufacturer of the Product usually must be involved, and as such it may take longer to resolve such an enquiry or complaint.
11.3 In the event you have a complaint, it will assist us if you could describe in detail the object of your complaints and to send to us any documents which may help us in tracing the root of your complaint. If we did not reply to your complaints or queries within seven (7) Business Days, please make further inquiries.
12. FORCE MAJEURE CLAUSE (Circumstances Beyond Our Control)
12.1 We shall not be liable to you for any breach or delay in our performance of the Contract due to any cause beyond our control including but not limited to natural disasters, actions of third parties (including hackers, suppliers, quasi-government, government, et cetera), riot, civil commotion, war, national emergencies, terrorism, piracy, detainments, strikes, fire, explosion, storm, flood, drought, weather conditions, accident, mechanical breakdown, third party software problems, problems with public utility supplies (including internet and/or telecommunication failures), shortage or inability to obtain supplies, materials or equipment (“Event”) regardless of the foreseeability of such Event.
12.2 Either party may terminate the Contract by way of written notice to the other party if the Event lasts for a period of more than two (2) Business Days and each party shall not be liable to the other party by reason of such termination other than by way of full refund of payment accepted (if any).
13.1 Any notice to be served under a Contract shall be in writing and may be served by way of prepaid registered mail to the other party’s last known address or by email addressed to the other party.
13.2 Notice by post shall be deemed to be served within two (2) Business Days after postage if the other party is within Malaysia. Notice by email shall be deemed to be served when the email has been sent and such service shall be valid so long as the server could prove that the email was properly addressed.
14. DATA USE & PRIVACY
15.1 You agree to defend, indemnify and hold harmless LoyarBarang and Liberal Banter Sdn Bhd and its affliates, officers, partners, employees, agents, statutory liability to third parties, content providers and licensors from and against all claims and expenses, including indemnification of legal costs on full indemnity basis, awards, losses and/or expenses, due to or arising out of the following (list of which is not exhaustive):
(a) Any use of this website or any of our services.
(b) Your connection to this website.
(c) Your breach of any terms and conditions of these Terms and Conditions.
(d) Your violation of any rights of another person or entity.
(e) Your breach of any statutory requirement, duty, or law.
(f) Your provision of inaccurate or out-of-date information.
(g) Your infringement or breach of the copyright or any intellectual property rights (including copyright, trade mark rights and broadcasting rights) or privacy or other rights of use or third parties.
(h) Your use, delivery or transmission of any viruses, unsolicited emails, Trojans, back doors, easter eggs, worms, time bomb, cancelbots or any other computer programming routines that are intended to damage, interfere, intercept or expropriate any system, data, or personal information.
(i) Your uploading of User Content which may be obscene, indecent, inappropriate, vulgar, political, untrue, defamatory, malicious and abusive.
17. GOVERNING LAW & JURISDICTION
17.2 You are hereby reminded to take notice that the newly inserted section 114A of the Evidence Act 1950 creates presumptions of fact that a person who is the subscriber of a network service is the publisher of anything that originates from his network, and that a person who owns or controls a computer is the publisher of anything that originates from his computer, in either case unless he proves otherwise. We therefore remind you to exercise caution in posting any User Content onto our website.
18. THIRD PARTY WEBSITES
18.1 We shall not be liable nor shall we accept responsibility for the content of any third party websites that may be linked to our website or is advertised on our website. Such linked websites are provided for your convenience with no warranties on our part for any information provided therein. We do not provide any endorsement or recommendation of any third party sites to which our website may provide a link to.
18.2 We hereby grant you a revocable, non-exclusive and royalty-free right to provide a link from your website to the homepage of our website provided you do so in a fair and legal way without damaging our reputation. You shall not make any warranties or representations about us, our services or our policies without our express authorization nor shall you post anything that is false, misleading, derogatory or offensive about out services as well as stating impliedly or expressly that we have endorsed your site in any way.
19.1 We shall keep a record of your Order and the Terms and Conditions at the point of time when your Order is placed for a period of six (6) years after we have accepted your Order. For your ease of reference, we advise you to print the latest Terms and Conditions at the time you place your Order and to keep a copy of the same together with your Order, Acknowledgment and the Confirmation of Order.
19.2 Our failure or delay in exercising our rights under these Terms and Conditions and/or in enforcing the Contract shall not operate as a waiver of such right or extend to or affect any other subsequent event or impair, modify or diminish any of our rights or remedies or under these Terms and Conditions or the Contract.
19.3 You shall not assign, transfer, novate, charge, sub-contract or create any trust over or deal with any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
19.4 Nothing in these Terms and Conditions or a Contract shall be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
19.5 A person not a party to these Terms and Conditions or Contract shall not have any rights under it or be entitled to benefit from any of its terms.