Terms and Conditions
Bluemonsters is a store operating in Lelong.com.my. Under this agreement, the payment processing services for goods and/or services purchased on this website are provided by NetPay Payment Solution on behalf of bluemonsters, depending on the type of payment method used for the purchase of the goods and/or services.
Application and Acceptance of the Terms
- Your use of the Site and bluemonsters services, software and products (collectively term as the “Services” hereinafter) is subject to the terms and conditions contained in this document and any other rules and policies of the Site that bluemonsters may publish from time to time. This document and such other rules and policies of the Site are collectively referred to below as the “Terms”. By accessing the Site or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Site if you do not accept all of the Terms.
- You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with bluemonsters.
- You acknowledge and agree that bluemonsters may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
- If bluemonsters has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
- You may be required to enter into a separate agreement, whether online or offline, with bluemonsters for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
- The Terms may not otherwise be modified except in writing by an authorised officer of MyMinieStore.
Usage of bluemonsters website
A. Performing a transaction.
- All product delivery to you/buyers will be arranged upon collection of full payment for the product price and shipping fees.
- You/Buyer must ensure delivery addresses are correct before submitting the order. Any cost incurred on wrong delivery due to wrong address shall be borne by you/buyer.
- You/Buyer agree to indemnify bluemonsters from any losses incurred as a result of non-delivery, lost-in-transit, as a result of the assigned delivery provider's negligence or error.
- All product description and manufacturer or supplier warranty information is correct at the time of publishing. Bluemonsters reserves the right to amend from time to time. Any amendments shall be MyMinieStore and the respective supplier or manufacturer’s sole discretion.
B. Product Delivery.
- Product orders from you/buyer will be packed after payment is confirmed deposited into our Bank account.
- Products shall be packed and ready for delivery after payment is received, on the next day. In such cases, and if the destination is located in Malaysian major cities, the parcel is estimated to arrive within 72 hours unless stated otherwise in the product description page. However, there may be unforeseen circumstances which may delay the product delivery.
- Product shipped from our international warehouse will be processed and shipped out of the international warehouse within 24-72 hours. In normal situation, parcel will arrive Malaysia within 7-9 days. Shipping time table, Shipping method are listed on the SHIPPING information tab on every product page. Tracking code and tracking website will be issued within 24-48 hours from time of delivery once payment is received.
C. You/Buyer’s Responsibility.
- Each Buyer/User represents, warrants and agrees that you/buyer have full power and authority to accept the Terms in this agreement.
- Each Buyer/User will be required to provide information or material about your entity as part of the registration process on the Site. Each Buyer/User represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
- Upon becoming a buyer/user, you consent to authorize bluemonsters to store and use your information.
- Each buyer/user further represents, warrants and agrees that the User Content that you submit on any other websites, social media or e-commerce marketplace, post or display shall:
- be true, accurate, complete and lawful;
- not be false, misleading or deceptive;
- not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
- not contain information that is discriminatory or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- not contain any link directly or indirectly to any other web Site which includes any content that may violate the Terms.
- Each buyer/user further represents, warrants and agrees that you shall:
- carry on your activities in accordance with the Terms and any applicable Additional Agreements;
- carry on your activities on the Site in compliance with any applicable laws and regulations;
- not use the Services or Site to defraud any person or entity;
- not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
- not engage in spamming or phishing;
- not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
- not involve attempts to copy, reproduce, exploit or expropriate Kumoten’s various proprietary directories, databases and listings;
- not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- not involve any scheme to undermine the integrity of the data, systems or networks used by bluemonsters and/or any user of the Site or gain unauthorized access to such data, systems or networks;
- not engage in any activities that would otherwise create any liability for bluemonsters or our affiliates.
- You/Buyer agrees to provide all necessary information, material and approval, and render all reasonable assistance and cooperation necessary for bluemonsters’s provision of the Services, evaluating whether bluemonsters has breached the Terms and/or handling any complaint against the Buyer/User. If Buyer/User’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, bluemonsters shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
- Buyer/User acknowledges and agrees that bluemonsters shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. Bluemonsters does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any buyer/user. Each buyer/user is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
D. Breaches by Buyer/User
- If any buyer/user breaches any Terms or if bluemonsters has reasonable grounds to believe that any buyer/user is in breach of any the Terms, bluemonsters shall have the right to suspend or terminate the buyer/user’s purchase or any Service without any liability to the buyer/user. Bluemonsters shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by bluemonsters.
- Without limiting the generality of the provisions of the Terms, a buyer/user would be considered as being in breach of the Terms in any of the following circumstances:
- Bluemonsters has reasonable grounds to suspect that such buyer/user has used a stolen credit card or other false or misleading information in any transaction with a counter party,
- Bluemonsters believes that the buyer/user’s actions may cause financial loss or legal liability to bluemonsters or our affiliates or any other Users.
- Bluemonsters reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrong doing. Further, bluemonsters may disclose the buyer/user's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. bluemonsters shall not be liable for damages or results arising from such disclosure, and buyer/user agrees not to bring any action or claim against bluemonsters for such disclosure.
- If a buyer/user is in breach of the Terms, bluemonsters also reserves the right to publish the records of such breach on the Site. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, bluemonsters also reserves the right to disclose the records of such breach to the authorities. Such, bluemonsters affiliates may impose limitation on, suspend or terminate the buyer/user’s use of all or part of the services provided by such affiliates to the buyer/user, take other remedial actions, and publish the records about the buyer/user’s breach of the Terms on the website operated by or controlled by bluemonsters affiliates.
- Bluemonsters may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the buyer/user’s use of any Service or the Site without being liable to the buyer/user, if bluemonsters has received notice that the buyer/user is in breach of any agreement or undertaking with any affiliate of bluemonsters and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Bluemonsters shall have the right to publish the records of such breach on the Site. bluemonsters shall not be required to investigate such breach or request confirmation from the buyer/user.
- Each buyer/user agrees to indemnify bluemonsters, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your breach of the Terms.
- Each buyer/user further agrees that bluemonsters is not responsible, and shall have no liability to you or anyone else for any material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each buyer/user. bluemonsters reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the buyer/user, in which event the buyer/user shall cooperate with bluemonsters in asserting any available defenses.
E. Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY MYMINIESTORE ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND BLUEMONSTERS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY, SAFETY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUEMONSTERS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; MYMINIESTORE DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND BLUEMONSTERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
- Any material downloaded or otherwise obtained through the Site is done at each buyer/user's sole discretion and risk and each buyer/user is solely responsible for any damage to bluemonsters’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any buyer/user from bluemonsters or through or from the Site shall create any warranty not expressly stated herein.
- Each buyer/user hereby further agrees to indemnify and save bluemonsters, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each buyer/user hereby further agrees that bluemonsters is not responsible and shall have no liability to you/buyer/user, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each buyer/user. Bluemonsters reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you/buyer/user, in which event you/buyer/user shall cooperate with bluemonsters in asserting any available defenses.
- Bluemonsters shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
- the use or the inability to use the Site or Services;
- any defect in goods, samples, data, information or services purchased or obtained from a buyer/user or any other third party through the Site;
- unauthorised access by third parties to data or private information of any buyer/user;
- statements or conduct of any buyer/user of the Site; or;
- any matters relating to Services however arising, including negligence.
- The limitations and exclusions of liability to you/buyer under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not bluemonsters has been advised of or should have been aware of the possibility of any such losses arising.
F. Force Majeure
- Under no circumstances shall bluemonsters be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
G. Intellectual Property Rights
- Bluemonsters is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with bluemonsters, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by bluemonsters are hereby reserved.
- "bluemonsters" and related icons and logos are registered trademarks or trademarks or service marks of bluemonsters,
- Bluemonsters may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
- All legal notices or demands to or upon bluemonsters shall be made in writing and sent to bluemonsters, by email to firstname.lastname@example.org
- The notices shall be effective when they are received by bluemonsters in any of the above-mentioned manner.
- All legal notices or demands to or upon a buyer/user shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the buyer/user to bluemonsters, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a buyer/user shall be deemed to be received by such buyer/user if and when.
- Bluemonsters is able to demonstrate that communication, whether in physical or electronic form, has been sent to such buyer/user, or
- Immediately upon bluemonsters posting such notice on an area of the Site that is publicly accessible without charge.
- You/Buyer agree that all agreements, notices, demands, disclosures and other communications that bluemonsters sends to you/buyer electronically satisfy the legal requirement that such communication should be in writing.
I. General Provisions
- Subject to any Additional Agreements, the Terms constitute the entire agreement between You/Buyer and bluemonsters with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
- bluemonsters and You/Buyer are independent person/user, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
- If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
- Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- Bluemonsters’s failure to enforce any right or failure to act with respect to any breach by you/buyer under the Terms will not constitute a waiver of that right nor a waiver of MyMinieStore’s right to act with respect to subsequent or similar breaches.
- Bluemonsters shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of bluemonsters). You/Buyer may not assign, in whole or part, the Terms to any person or entity.
- The Terms shall be governed by the laws of Malaysia without regard to its conflict of law provisions. The parties to the Terms hereby submit to the exclusive jurisdiction of the courts of Malaysia.
In what condition do we accept product exchange and/or refund?
Buyers are allowed to return products within 14 calendar days from shipment date under the following circumstances (T&C applies):
a) Manufacturing defects.
b) MyMinieStore delivered the wrong item.
c) Products that have a 3 month warranty description will be honoured.
Product Return Policy and Procedures:
(a) Stay Calm and Contact Us.
In the event of complain or a request for return or refund, please email request to: email@example.com.
Tell us what is the reason for your request.
(b) What do we need to verify that the item is allowed for exchange or return?
In most cases, we will need your help to give us a few photo or video (handphone standard is sufficient, no need studio photography) of the item, show us what and where is the problem and we will get it processed. Off course, we will need to know the Order ID too.
b (i) How to send the item back to us?
Once our support team confirms the return, we shall send the buyer a digital consignment note (PosLaju). We shall inform the buyer to print the digital consignment note and paste it on the return parcel. We will arrange PosLaju to pick up the item from the buyer’s address. If the buyer prefers us to pick up the return item from another address like their work place, please do let us know too.
(b) (ii) How to pack the return parcel?
The Buyer has to ensure that the parcel has all the items including the original packaging in it. Make sure the parcel is packed in a not see-through package and is well sealed. Paste the consignment note on the parcel.
(c) Exchange or Refund?
Option 1 - Buyer can opt for product replacement (same SKU). However, in the event where the particular item is out of stock, we shall refund the amount to the buyer.
Option 2 - Buyer can opt for refund for the item's amount paid as stated in the sales order, or product replacement (same SKU).
Refund or replacement will not be applicable for the following situations:
a) Missing/Lost Original Packaging.
b) Any item that has been worn or altered.
c) Used items (for cosmetic and other personal items such as undergarments).
d) Broken, torn and scratched items.
e) No proof of purchase, no invoice or receipts.
(d) How long does it take for the return or refund?
The product return or refund normally takes about 7-14 working days to complete. But it takes two to tango, we need to work as a team to resolve the issue. Help us get the necessary information and we will try our very best to shorten the process.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form, enter information on our site or provide us with feedback on our products or services.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your customer service requests.
• To administer a contest, promotion, survey or other site feature.
• To quickly process your transactions.
• To send periodic emails regarding your order or other products and services.
• To follow up with customers after correspondence (live chat, email or phone inquiries)
How do we protect your information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use 'cookies'?
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, some features will be disabled and that make your site experience more efficient but may not function properly.
However, you will still be able to place orders.
We do not sell, trade, or otherwise transfer to outside parties your Personally Data unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
If you have any queries, you may email to us at: firstname.lastname@example.org