Terms of Service

1.1 Agreement Acceptance

 

We appreciate your diligence in reviewing our terms and conditions (henceforth referred to as "Agreement"). We are Seabenz, registered with  SEABENZ SDN. BHD 202301050320 (1544234-M)(referred to as "we," "us," and other similar expressions). Through our online store, we offer a variety of products including baby clothing, shoes, diaper bags, maternity accessories, and more, with the goal of simplifying the lives of mothers (referred to as the "Website").

 

The terms set forth herein dictate the permissible use of our Website and the terms of any purchases made through it. "You" and similar terms refer to any person or entity utilizing the Website.

 

Your continuation to access or use the Website, or your act of purchasing goods from it, signifies your agreement to be bound by the provisions of this Agreement. If you do not consent to these terms, you are not authorized to proceed with any purchases or use the Website.

 

You are responsible for reviewing and ensuring that you understand and agree to the latest terms as we may update them from time to time.

 

1.2 Communication

 

For inquiries regarding this Agreement, please contact us via email at sopport@benzbae.com

 

1. Limitation of Liability

 

You recognize:

 

(a) The goods advertised on our online store are often sourced from international suppliers and may not be immediately available in stock.

 

(b) There may occasionally be bugs and errors on the Website that do not significantly impair its overall functionality.

 

1. Website Usage

 

3.1 Website Access

 

You understand and concur that the Website:

 

(a) Is accessible solely through the internet and not through any offline means on your devices.

 

(b) Runs on servers that are managed by a third-party, which means certain functions, including data storage and payment processing, are beyond our control.

 

3.2 Inaccuracies and Service Interruptions

 

You accept that:

 

(a) The Website may contain inaccuracies or errors regarding information such as product descriptions, prices, and availability.

 

(b) The Website may undergo periods of downtime or limited access due to maintenance or unforeseen issues, during which we will strive to reinstate access promptly.

 

We reserve the exclusive right to modify, enhance, or alter the Website at any time without notice.

 

3.3 Security Measures

 

We commit to implementing reasonable security protocols, in line with industry standards, including SSL encryption for payment details transferred to payment gateways.

 

3.4 Your Conduct

 

You are prohibited from:

 

(a) Unauthorized access or interference with any part of the Website;

 

(b) Altering or disrupting the Website in any way;

 

(c) Providing false information;

 

(d) Sending harmful software or disruptive features to or through the Website;

 

(e) Deliberately bypassing any Website protection measures;

 

(f) Using the Website in a manner that could damage our or any other network;

 

(g) Facilitating or assisting others to commit the above acts.

 

3.5 Account Creation

 

Should you create an account on our Website, you must supply accurate personal information as required for account setup. You must update your account details upon any changes and not provide misleading information.

 

You cannot permit others to use or access your account and are responsible for any activity under your account, authorized or not.

 

We may refuse account registration at our discretion.

 

1. Purchases

 

4.1 Order Process

 

All prices on our Website are in United States Dollars.

 

Displayed prices serve as an invitation to enter into a purchase agreement. The final price, calculated at checkout, may include taxes, delivery fees, and other charges.

 

By submitting your payment details, you are offering to make a purchase under the terms of this Agreement. We are not obligated to accept your offer; acceptance is confirmed upon shipment notification.

 

Should you spot an error in your order before shipment confirmation, contact us for possible amendments.

 

4.2 Payment Terms

 

By purchasing from us, you agree to the payment terms set by your financial institution and to settle authorized transaction amounts.

 

We are not responsible for the performance or conduct of the chosen payment gateway providers.

 

4.3 Delivery Terms

 

We aim to deliver within the specified timeframe, but occasional delays may occur. For delivery issues, contact us at the provided email.

 

Multiple deliveries may be made for one order. If delivery is deemed unsafe, items will be sent to the nearest collection point. We are not liable for loss or damage during delivery.

 

4.4 Availability

 

Product availability may vary, and if we can't fulfill an order, we will notify and reimburse you for the product.

 

4.5 Promotions

 

We may offer discounts or gift cards at our discretion, applicable upon order placement and under specified conditions.

 

4.6 Returns and Defects

 

Purchases are final, subject to our refund policy or mandatory consumer protection laws. Report product defects within 7 days of receipt.

 

5. Data Privacy

 

"Personal Information" refers to any data or opinions related to an individual who can be identified, regardless of the truth or physical form of that information.

 

By using our services, you provide consent for us to process your Personal Information in line with our privacy policy. We reserve the right to modify our privacy policy at our discretion. Any changes to the policy will be updated on our Website.

 

6. Intellectual Property

 

"Intellectual Property" encompasses all current and future legal rights, recognized by law, common practices, or equity, including moral rights, that apply to business names, computer programs, confidential information, copyrights, designs, domain names, formulas, inventions, trade secrets, patents, plant types, recipes, trademarks, and all other creative outputs in any field—industrial, commercial, scientific, literary, or artistic. It also includes the rights to apply for registration of these rights and any renewals or extensions.

 

All Intellectual Property on the Website is either owned by us or we are licensed to use it. You agree not to engage in, nor allow anyone under your control to:

 

(a) Copy, alter, or translate any part of the Website, except as naturally occurs through regular use;

 

(b) Merge any part of the Website into other digital or physical content;

 

(c) Distribute, sell, lease, license, or otherwise provide access to any part of the Website to a third party;

 

(d) Reproduce or reverse engineer the Website's source code, architecture, or algorithms.

 

7. Warranties

 

You declare that you are at least 18 years old, have the authority to enter this contract, and are authorized to use the chosen payment method.

 

We guarantee our products are free from significant defects, fit for their advertised purposes, are of satisfactory quality, and match their descriptions on the Website, and are delivered without any encumbrances.

 

"Non-excludable conditions" refer to any guarantees, conditions, or warranties, such as those implied by the Competition and Consumer Act 2010, that cannot be legally excluded.

 

Except for Non-excludable Conditions, we disclaim all other warranties or guarantees, whether express or implied.

 

9. Limitations of Responsibility

 

9.1 Limitation of Liability

 

Except for Non-Excludable Conditions, we exclude liability for any direct or indirect losses incurred by you under this Agreement, including but not limited to:

 

(a) Inaccessibility of the Website;

 

(b) Misuse of the product;

 

(c) Loss or corruption of data;

 

(d) Website security flaws;

 

(e) Negligence on your part regarding the Website or product;

 

(f) Unauthorized Website activities;

 

(g) Your violation of this Agreement;

 

(h) Any action or failure by you or your affiliates under this Agreement.

 

9.2 Restriction of Liability

 

In the event of a Non-Excludable Condition, our liability is limited to:

 

(a) For goods, re-supply, or the costs of re-supply or repair, or payment for these actions; and

 

(b) For services, the re-supply of the services or the cost of re-supply.

 

9 Indemnity

 

You agree to indemnify us and our affiliates against all losses arising from your use of the Website, including:

 

(a) Violation of this Agreement;

 

(b) Infringement of any third party's Intellectual Property Rights;

 

(c) Any third party claims or damages resulting from your use of the Website.

 

10. Termination

 

This Agreement may be terminated by us without notice if:

 

(a) You breach this Agreement;

 

(b) Our provider ends their contract with us.

 

Upon termination, we will refund any payments for goods not yet received by you.

 

11. General Terms

 

We may transfer our rights under this Agreement without your approval.

 

This document represents the entire understanding between the parties and supersedes all previous agreements regarding this subject.

 

"Event of Force Majeure" covers events beyond our control, which suspends our obligations, except for payment obligations, during such events. If such an event persists for more than 30 days, either party may terminate this Agreement.

 

This Agreement is governed by the laws of YOUR COUNTRY LAW.

 

Notices will be sent electronically to the provided email addresses. By accepting these terms, you consent to electronic communication.

 

If any part of this document is found unenforceable, it will be removed to the extent necessary to make the rest enforceable, unless it significantly changes the document's effect.

 

We may change this Agreement at any time, with updates posted on our Website.