Effective date: 2021-06-xx
1. Introduction
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at www.topnbottomboutique.shoplineapp.com/ (together or individually “the Site”) operated by Top & Bottom Boutique.
Our Privacy Policy also governs your use of the Site and explains how we collect, safeguard and disclose information that results from your use of our web pages.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Site, but please let us know by emailing at tnbb79821561@gmail.com so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use the Site.
2. Communications
By using our Site, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at tnbb79821561@gmail.com.
3. Purchases
If you wish to purchase any product or service made available through the Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
4. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
5. Returns, Refunds & Exchange
We accept returns for items that are in their original condition, whereby unworn, unwashed, unaltered and with their tags intact. For defect, wrong item/size, size exchange, you have to inform us by sending us an email at tnbb79821561@gmail.com.com or send us a message through whatsapp (012-3663920) within 5 days upon receipt of the item. Please note that sales items cannot be returned or exchanged. Top & Bottom Boutique provides a one-time size exchange for the same design with the condition that the item is being returned and reaches us within 20 calendar days, from the day you raise the issue. For size exchange, you are responsible for the postage costs of the returns. For defective and wrong items, Top & Bottom Boutique shall bear the postage cost with the condition tht you are using a legally registered courier service company for the returns. All return procedures shall be dealt via mailing only. Top & Bottom Boutique reserves the right to reject a return, refund, and/or exchange if the returned item does not meet the requirements for returns stated above. For more complete info, please view our Return & Exchange Policy here.
6. Orders
0.1 Top & Bottom Boutique is unable to amend orders nor combine orders which were separately made after it is placed. Please double check your order details before confirming the order.
0.2 Due to security reasons we are unable to make any amendments after you have confirmed your order.
0.3 Termination of Order: We may terminate the Order at any time by writing to you if:
-You do not make payment to us when it is due;
-You do not, within a reasonable time of us asking for it, provide us with information necessary for us to provide you with the Product (e.g. delivery address);
-You do not, within a reasonable time, allow us to deliver the product to you;
If we terminate the Order in the situations set out above, we will refund any money you have paid in advance for Products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
7. Payment
All payments has to be made through online banking (Maybank2u, UOB bank, CIMBclicks, HLB, Public Bank, RHB Bank, Affin Bank, Bank Islam) which is linked from our shopping cart which includes PayPal, major credit cards and 2 checkout.
0.1 Payments shall not be deemed to be made until the full amount of funds have cleared.
0.2 No cash refund is offered. We only offer refunds in terms of store credit.
0.3 All orders will be automatically canceled after 20 minutes of non-payment.
0.4 All canceled orders cannot be reversed.
0.5 Prices and shipping rates are subject to change without notice but changes will not affect orders that have already been accepted.
8. Currency & International Shipping
0.1 For delivery outside Malaysia, payments will automatically be converted to the shipping country's currency. If the destination currency is not in the default currency, it will automatically be converted to USD.
0.2 Top & Bottom Boutique calculates the average currency rate for all countries (set by financial institution) plus a currency conversion rate and reserves the right to amend where deemed necessary.
0.3 Pricing varies across countries and Top & Bottom Boutique reserves the full rights to set this pricing range based on the countries' market conditions, regulatory costs, taxes, tariffs, cost of facilities, wages, legal risk, market risk, size of the market, etc.
0.4 All purchases have to be made according to the currency/price set by Top & Bottom Boutique website and any special request will not be entertained.
0.5 Please note the delivery charge does not include any applicable importation charges, taxes and duties by customs in the country where the order is to be delivered. You are responsible for such taxes and duties.
9. Delivery
All orders are processed and dispatched within 1 to 2 working days upon verification of payment. Delivery is carried out during working hours, Monday through Friday, excluding weekends and local public holidays (Malaysia).
Once the Dispatch Confirmation is emailed to you, your products are under the responsibility of our third party postal service providers and we shall not be responsible for lost parcels in post if proof of postage is supplied. Any claim will have to be made with our third party postal service providers and we will make reasonable effort to assist in compensation claims (if any).
For all international orders, any customs or import duties charged once the parcel reaches its destination country (if any) must be paid for by the recipient of the parcel. In the case if tax is not paid within the stipulated period, goods will be forfeited and destroyed by the customs department which is not under our control.
Price of postage includes handling fees.
10. Bounced Parcels
Customers will be contacted via email should we receive any bounced parcels bearing their name.
Cost for re-delivery will be borne by the customer. Top & Bottom Boutique will bear the cost of re-delivery if it is deemed as an error on our part. Details regarding the re-delivery will be provided in the email sent to the customer.
Top & Bottom Boutique reserves the right to deny any request to combine the bounced back parcels with any new orders.
Any unclaimed bounced back parcels after 30 days grace period will be forfeited.
11. Content
Content found on or through the Site are the property of Top & Bottom Boutique or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
12. Prohibited Uses
You may use the Site only for lawful purposes and in accordance with Terms. You agree not to use the Site:
0.1. In any way that violates any applicable national or international law or regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional material, including any“junk mail”, “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm or offend Company or users of the Site or expose them to liability.
Additionally, you agree not to:
0.1. Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site.
0.2. Use any robot, spider, or other automatic device(s), process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
0.3. Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
0.4. Use any device, software, or routine that interferes with the proper working of the Site.
0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
0.7. Attack Service via denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that may damage or falsify Company rating.
0.9. Otherwise attempt to interfere with the proper working of the Site.
13. Analytics
We may use third-party Service Providers to monitor and analyze the use of our Site.
14. No Use By Minors
The Site is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using the Site, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Site.
15. Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with the Site or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
16. Intellectual Property
The Site and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Top & Bottom Boutique and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Top & Bottom Boutique.
17. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Site infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to tnbb79821561@gmail.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Site on your copyright.
18. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
0.3. identification of the URL or other specific location on service where the material that you claim is infringing is located;
0.4. your address, telephone number, and email address;
0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at tnbb79825161@gmail.com.
19. Error Reporting and Feedback
You may provide us either directly at tnbb79821561@gmail.com or via third-party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to the Site (“Feedback”). You acknowledge and agree that:(i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
20. Links To Other Web Sites
The Site may contain links to third-party web sites or services that are not owned or controlled by Top & Bottom Boutique.
Top & Bottom Boutique has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.
We strongly advise you to read the terms of service and privacy policies of any third-party web sites or services that you visit.
21. Disclaimer Of Warranty
These services are provided by company on an “as is” and “as available” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.
Neither company nor any person associated with company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither company nor anyone associated with company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.
Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
22. Limitation Of Liability
Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorney's fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.
23. Termination
We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using the Site.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
24. Governing Law
These Terms shall be governed and construed in accordance with the laws of Malaysia, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
25. Changes To Service
We reserve the right to withdraw or amend our Site, and any service or material we provide via the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
26. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use the Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
27. Waiver And Severability
No waiver by Company of any term or condition set forth terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
28. Acknowledgement
By using the Site or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.
29. Contact Us
Please send your feedback, comments, requests for technical support by email: tnbb79821561@gmail.com.
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