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Terms & Conditions
Welcome to the DurianBB Borneo website, owned and operated by DurianBB Borneo Sdn Bhd a company registered in Malaysia with registered number 1324962-A who registered office is at Unit No.42, Lot G-28, 2nd Floor Karamunsing Capital, 88300, Kota Kinabalu, Sabah, Malaysia.
- Purchase Related Policies
The products and services available on the DurianBB Borneo website, http://www.durianbbborneo.com, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof; you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
- Accuracy of Information
We attempt to be as accurate as possible when describing our products on http://www.durianbbborneo.com; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on http://www.durianbbborneo.com are accurate, complete, reliable, current, or error-free. Additional information provided on this site is for educational and informational purposes only. DurianBB Borneo does not take responsibility for any consequence relating directly or indirectly to any information, recommendations, treatment, procedure, action or application of medicine by any person using the present site. The information contained here is offered without any warranty and it is not liable for its accuracy, mistakes, or for any damage caused by user’s reliance on information obtained from http://www.durianbbborneo.com.
- Shipping and Delivery
While we strive to deliver within the time frame of 2-3 working days for standard orders, DurianBB Borneo is unable to guarantee specific delivery time slots. Please note that no compensation will be provided for not delivering within the preferred delivery time stipulated. Estimated delivery hours are between 9am – 6pm daily, excluding Sundays and public holidays.
- Delivery Related Issues
Under normal circumstances, DurianBB Borneo will try to ensure that your order is delivered to the recipient’s address you provide on the date you requested when placing your order. However, there are times when this is not possible due to problems with the address information that our customers provide or due to problems our drivers encounter when attempting to deliver the order.Therefore, it is important that you ensure that the recipient address you provide is accurate and that you give additional instructions to assist our drivers locate difficult-to-find addresses, providing us with full contact details, including your contact telephone number, your email address and your recipient’s contact telephone number. Failure to provide this contact information may result in us not being able to resolve delivery issues in a timely fashion.In the event that DurianBB Borneo is unable to deliver your order due to:
(a) a problem with the address you provide or if the recipient no longer lives at the delivery address
DurianBB Borneo cannot be held responsible for delivery problems which result from a problem with the address you provide at the time of order placement or if the recipient no longer lives at the address provided.
At the time of order placement, we insist that you check the recipient address is valid. If our delivery partner is subsequently unable to deliver due to an incorrect address, it will attempt to contact you via email or phone to help find the correct address. If TA-Q-Bin is able to contact you, we will arrange a subsequent re-delivery with you. If we are unable to contact you at the time of attempted delivery, we will return the order and await contact from you.
Please note that our delivery partner will only attempt one subsequent delivery and that this may not be possible on the date of the original delivery. Re-delivery dates and options are subject to our standard cut-off policies. DurianBB Borneo reserves the right to charge an additional delivery charge if the delivery problem is due to a problem beyond our control. DurianBB Borneo is not responsible for any other costs incurred by the customer due to failed deliveries.(b) the recipient not being in at the time of delivery
If our delivery partner is unable to deliver the items using one of the options above, we will attempt to contact you via email or telephone to resolve the delivery issue. If we are able to contact you, we will do all we can to follow the instructions you provide. Alternatively, we will attempt to arrange a subsequent re-delivery with you. If we are unable to contact you at the time of attempted delivery, we will return the order awaiting contact from you.
Please note that we will only attempt one subsequent delivery and that this may not be possible on the date of the original delivery. Re-delivery dates and options are subject to our standard cut-off policies. We reserve the right to charge an additional production and delivery charge if the delivery problem is due to a problem outside our control. DurianBB Borneo is not responsible for any other costs incurred by the customer due to failed deliveries.Where possible, our delivery partner will attempt to obtain a signature from the intended recipient of the items. In some circumstances, for example, when delivering to some business addresses, hospitals, hotels or universities, our delivery partner in may not be able to deliver the items directly to the intended recipient. Please note that these circumstances are beyond our control. In this case, our delivery partner will deliver to the reception area or post room and (where possible) obtain a signature from the receptionist (or equivalent). This signature will be our record of delivery.
In the event our standard delivery option is chosen for a business address and a delivery between 8am and 6pm fails due to the recipient not being available, or the business being closed, DurianBB Borneo will not accept any liability for the non-delivery and reserve the right to charge an additional production and delivery charge for any subsequent re-delivery. If you decide to cancel the order instead of arranging a re-delivery, DurianBB Borneo reserves the right to deduct a cancellation fee from the refund value.
- Amending your order
If you wish to change any details regarding your order, kindly email firstname.lastname@example.org. Please note that any changes to your order (delivery address, gift message) must be made at least within 2 hours after an order is placed to ensure that we have sufficient time to amend the order prior to preparation and delivery. Unfortunately DurianBB Borneo cannot guarantee to accept changes made to your order after that time, therefore please make sure that all the details of your recipient address are correct before you place your order.
- Returns and Refunds
DurianBB Borneo does not provide for any returns and/or refunds of our products due to hygiene reasons, unless it was incorrectly delivered or its packaging was damaged during transit. Customers are advised to inspect the general condition of the products immediately upon receipt of the delivery. No claims shall be entertained once the delivery order has been accepted by customers.Once an order has been successfully submitted with payment duly authorised, DurianBB Borneo will not entertain any request for cancellation of the order. As such, please ensure that you have checked all details prior to submitting your order for processing.Please note that DurianBB Borneo will not be held accountable for any products which have been acknowledged upon delivery. Therefore, we strongly urge customers to check the condition of your order before signing for acknowledgement.We do not entertain refunds or returns in the event that the designated recipient for your order cannot be contacted / located. In this case, the product will be returned to the purchaser, and any additional delivery charges to re-deliver or re-route to any new address shall be borne by the purchaser. Online / e-store purchases are treated as separate from shop purchases; product returns for online /e-store purchases will not be entertained at any of DurianBB Borneo shops.
- Intellectual Property
All content available on http://www.durianbbborneo.com, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the “Content”) are the property of DurianBB Borneo, our affiliates, partners or licensors, and are protected by international copyright laws. The trademarks, logos, and service marks displayed on http://www.durianbbborneo.com (collectively, the “Trademarks”) are the registered and unregistered marks of DurianBB Borneo, our affiliates, partners or licensors, in Malaysia and in other countries, and are protected by international trademark laws. Except as set forth in the limited licenses in Section 5 below, or as required under applicable law, neither the Content or Trademarks nor any portion of http://www.durianbbborneo.com may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
- Limited Licenses
We grant you a limited, revocable, and non-exclusive license to access and make personal use of http://www.durianbbborneo.com. This limited license does not include the right to:
- frame or utilize framing techniques to enclose www.durianbbborneo.com or any portion thereof;
- modify or download http://www.durianbbborneo.com or Content (except caching or as necessary to view http://www.durianbbborneo.com);
- make any use of http://www.durianbbborneo.com or Content other than personal use;
- create any derivative work based upon either http://www.durianbbborneo.com or Content;
- collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other “hidden text” utilizing our name or the Trademarks or to otherwise use the Trademarks; or
- use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of http://www.durianbbborneo.com for personal, non-commercial use only.A website that links to the DurianBB Borneo website, http://www.durianbbborneo.com:
- may link to, but not replicate, our Content;
- may not imply that we are endorsing such website or its services or products;
- may not misrepresent its relationship with us;
- may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages;
- may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
- may not use any Trademark; and
- may not link to any page of http://www.durianbbborneo.com other than the home page. We may, in our sole discretion, request that you remove any link to http://www.durianbbborneo.com, and upon receipt of such request, you shall immediately remove such link.Any unauthorized use by you of http://www.durianbbborneo.com terminates the limited licenses set forth in this Section 5 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
- Your AccountYou may choose to register at http://www.durianbbborneo.com. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in DurianBB Borneo’s best interests to do so.
- Third Party LinksWe are not responsible for the content of any off-website pages or any other websites linked to or from http://www.durianbbborneo.com. Links appearing on http://www.durianbbborneo.com are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from http://www.durianbbborneo.com, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
- Representations and Warranties; Limitation of Liability
The DurianBB Borneo website, http://www.durianbbborneo.com is presented “as is.” We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or http://www.durianbbborneo.com, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any
- interruption of business;
- access delays or access interruptions to http://www.durianbbborneo.com;
- data non-delivery, misdelivery, corruption, destruction or other modification;
- loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on http://www.durianbbborneo.com;
- computer viruses, system failures or malfunctions which may occur in connection with your use of http://www.durianbbborneo.com, including during hyperlink to or from third party websites
- any inaccuracies or omissions in content or
- events beyond our reasonable control.further, to the fullest extent permitted by law, we will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to http://www.durianbbborneo.com regardless of the form of action whether in contract, tort or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed One Hundred Malaysian Ringgit (RM100.00).
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of http://www.durianbbborneo.com. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding http://www.durianbbborneo.com, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Sabah, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Sabah. Any dispute relating in any way to your visit to www.durianbbborneo.com shall be submitted to confidential arbitration in Sabah, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing of the Malaysian Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. If you have any questions regarding these Terms and Conditions, please write to us at email@example.com.