Terms & Condition
Welcome to www.kapokdesign.com.my. This website and domain name are owned and operated by Kapokdesign Moms & Baby (M) Sdn Bhd [1216630-U] (Kapokdesign).
In these terms and conditions, the “Company” will mean Kapokdesign Moms & Baby (M) Sdn Bhd and the “Customer” will mean any person, firm, company or body which places an order with the Company. Please read these terms and conditions carefully before using the site. By using the site or any part of it, you agree that you have read these terms and conditions and that you accept and agree to be bound by them.
- You agree that the Company reserves the right to amend these terms and conditions at any time, in the Company’s sole discretion, by posting any such amendment(s) to the Company’s website without prior and separate notice.
- Your continued use of the site or any part of it after amendment to these terms and conditions is posted will be deemed as full knowledge and acceptance of the revised terms and conditions. If you do not agree to any such amendment(s), your sole recourse shall be to cease using the site.
Intellectual Property & Ownership of Content
- Kapokdesign and the Kapokdesign Moms & Baby logo are trademarks of Kapokdesign Moms & Baby (M) Sdn Bhd. Copyright © 2021. All Rights Reserved. All material on this website, including the text, information, graphics, logos, design, layout, downloads, pricing, products and services (content) is owned by Kapokdesign Moms & Baby (M) Sdn Bhd.
- The Information may be protected under intellectual property laws and rights (including without limitation laws protecting copyright). If the User downloads, copies, transmits, publishes, stores or otherwise uses the Information without the consent of the owner of such rights, the User may infringe such laws or rights. It is the User’s responsibility to determine whether any such infringement (“Copyright Infringement”) will occur.
- You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or Trademarks for any purpose, other than with the prior written consent of Kapokdesign Moms & Baby (M) Sdn Bhd, or as permitted by law.
- Trademarks used on this website to describe third parties and their products are trademarks of those third parties.
Third-Party Hyperlinks & Website Linking
- This Website may contain links to other external websites operated by third parties (“Third Party Sites”). Unless expressly stated, Kapokdesign is not affiliated or associated with the Third Party Sites or their products and/or services or their sponsors. In addition, certain Third Party Sites also may provide links to this Website. None of such links shall be deemed to imply that Kapokdesign endorses, recommends or sponsors the Third Party Sites or their products and/or services or any content therein.
- We do not have control over the content or availability of these said sites and are not responsible for any content in the said third party sites. Any information that you may provide on the Third Party Sites are subject to their security and privacy terms, not from Kapokdesign. Please note therefore that access to any Third Party Sites is at your own risk and Kapokdesign shall have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content.
- You must not link to, frame or mirror any part of this website without written permission from Kapokdesign.
Limitation of Liability or Indemnity
- Kapokdesign expressly disclaims any responsibility, representation or warranty:
- in relation to any goods or services accessed, offered or obtained through www.kapokdesign.com.my or Kapokdesign Moms & Baby in stores pursuant to the Information;
- that the Information will not be objectionable or offensive to the User or any other person;
- for any error, omission or misstatement in or arising from the Information.
- Kapokdesign does not endorse or recommend any person, organization, name, product or service referred to in the Information, nor does the Information constitute Kapokdesign’s views or opinions. Kapokdesign will not be a party to any transaction between the User and any third person in any way relating to the Information or made through https://www.kapokdesign.com.my unless and only to the extent expressly stated in writing otherwise.
- Kapokdesign shall not be liable to the User or any other person whether in tort, contract, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for:
- any direct loss;
- any consequential or indirect loss (including without limitation loss of revenue or profits); or
- the User’s liability to any other person, which is suffered or incurred by the User or any other person arising under or in any way out of the Information or www.kapokdesign.com.my use.
Registration and Account Security
- To register with the Company website, you must be over eighteen (18) years of age.
- Customer is required to register before placing any order through this website. During the registration:
- You must provide us with accurate, complete and up to date registration information;
- You must safeguard your username and password;
- You authorize us to assume that any person using the site with your username and password is either you or is authorized to act for you.
- The Company has the absolute discretion to refuse registration of a potential customer and to terminate the registration of any customer for any reason whatsoever.
- Customer must inform Kapokdesign Care Team, or self-update in www.kapokdesign.com.my profile, immediately of any changes to the information that you provided so that we can communicate with you effectively.
- Customer shall be liable for every order made under your login and agrees to indemnify the Company for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders through this website using your login.
- Should you find any unauthorized use of your login, you shall notify the Company immediately and effectively.
Terms of Sale
- By placing an order in our website, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
- In order to contract with Kapokdesign you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Kapokdesign retains the right to refuse any request made by you.
- When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.
Pricing and Product
- We always try our best to ensure all the product info and descriptions are correct and as accurate as possible. However, Kapokdesign does not warrant that product descriptions or other content of any Kapokdesign Services are accurate, complete, reliable, current, or error-free. If a product offered by Kapokdesign itself is not as described, your sole remedy is to return it in unused condition.
- Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund in terms of store credit or e-Voucher.
- The prices on the website exclude delivery costs. Delivery costs will be charged; such additional charges are clearly displayed, where applicable, and included in the ‘Total Cost’.
- The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
- All pictures and images of the products displayed on this site are for illustration purposes in order to help the customer to recognize the products only. The actual size, dimension and color of the products may differ.
- We accept payment by Visa, MasterCard, FPX, Online Banking and Kapokdesign Point Redemption (only applicable for Kapokdesign Member). Kapokdesign shall not be liable for any credit card fraud. Please note that we do not receive cash on delivery.
- All product prices listed are in Ringgit Malaysia (RM).
- To provide secure online commerce transactions, we employ Internet’s Secure Sockets Layer (SSL) technology. It encrypts your personal information, including credit card number, name and address, so that it would not be read as the information travels over the Internet. To check SSL Certificate information, you can right click the mouse and choose “Properties” & “Certificates”.
- Upon receiving your order, we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
- Kapokdesign reserve the right to change the payment terms for any order without prior notice.
e-Coupon or Promotion Codes
- We may offer promotional discount codes from time to time which may apply in respect of any, or certain specified, purchases made though this Website (www.kapokdesign.com.my). The conditions of use relating to any discount code will be specified at the time of issue.
- Other vouchers and coupons are not redeemable online.
Returns and Refunds
- You shall examine the goods immediately upon collection / delivery for any deficiencies and/or damages. Claims (if any) must be lodged to our Kapokdesign Care Team at the time of delivery; otherwise we shall have the discretion to refuse your claim.
- Kapokdesign does not take title to returned items until the item arrives at our fulfillment centre. At our discretion, a refund may be issued without requiring a return. In this situation, Kapokdesign does not take title to the refunded item.
- By accessing our website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by this website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded. By accessing our website, you agree to indemnify Kapokdesign for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website.
- Kapokdesign reserves the right to block or suspend any user of its website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without notice. By uploading, transmitting, posting or otherwise making available any material via the website, you grant Kapokdesign a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose.
- Kapokdesign is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than Kapokdesign Team.
Risk of Loss
- All items purchased from Kapokdesign are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Law and Severability
- Malaysian law governs this notice, and each part of this notice shall apply to the extent permitted thereby. Any part of this notice which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction only to the extent of the prohibition or unenforceability. That does not invalidate the remaining parts of this notice nor affect the validity or enforceability of that part in any other jurisdiction. Where this disclaimer is available in Bahasa, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.