Terms & Conditions
Introduction
Welcome to the gentlefactory.store website (the “Site“). The Terms & Conditions (the “Agreement”) is to protect the rights of the customers as well as the company, to provide the obligations of all of the parties regarding to the products or services, rights and obligations and other responsible matters and the procedures for the use of the service by the customers, in relation to the use of the e-commerce related services provided by gentlefactory.store(hereinafter refer to as “Gentle Factory”)
Please read these Terms & Conditions carefully before using the gentlefactory.store website operated by Gentle Factory.
By accessing or using the website you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the website.
By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
Definitions
“Personal data” refers to any information which relates directly or indirectly to you. This includes any information which can be used to identify or contact you.
“Account” refers to a one-time registration account created for a Customer containing the information of the Customer including without limitation name, address, telephone number and/or such other information as may be requested by Gentle Factory for purposes of registration.
“Gentle Factory“, “We“, “Us“, “the company” refers to Gentle Factory (Company Number 7) having its registered address at F-01-02 Sekitar 26 Enterprise, Persiaran Hulu Selangor 40400 Shah Alam,Selangor, Malaysia.
which operates e-commerce business that offers Products for sale at the SITE.
“Business Day (s)” refers to a day (s) on which commercial banks are open for business in Selangor (other than Saturdays, Sundays and public holidays).
“You“, “Your“, “User” refers to customers who use the services and products on Gentle Factory.
“Order” refers to any order submitted or placed by a customer to Gentle Factory online on the SITE.
“Products“, “Services” refers to products and services provided on Gentle Factory in monetary consideration.
“The Site” refers to the e-commerce platform gentlefactory.store and the services provided by Gentle Factory for the users of Site to purchase the Products uploaded, showcased and displayed on SITE.
“Username” refers to email address selected by the customer and registered by the Company for the identification of the Member.
“Password” refers to any combination of alphabets, numbers and special character selected by the Member and registered to the Company for the purpose of confirming the identity of the Member and protecting confidential information.
“Buyer” refers to any User who purchases the Products.
“Member” refers to any person who registered as a member on Gentle Factory by providing the necessary basic information and who is able to obtain services and products provided by Gentle Factory.
“Payment Confirmation” refers to the notification email with an order reference number and details of the purchase which will be sent to buyers once the payment has been received.
Eligibility
Any person is eligible to sign up as a member where the person is at the age of 18. Each person is only entitled to one (1) membership account with email authentication for which personal identity has been confirmed.
Prohibitions
You must not misuse this Site. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Site which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Site. Any breach of this provision would constitute an offense under Section 233 of the Communications and Multimedia Act 1998. In the event such breach occurs, Company will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.
User Agreement
These Terms and Conditions shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. These Terms and Condition constitute the entire agreement between you and Company and supersede all preceding and contemporaneous agreements between us.
You acknowledge that, in entering this Contract, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms and Conditions, except as expressly stated in the Terms and Conditions.
Membership Account
A member shall be solely responsible for maintaining the confidentiality of the username, password and other personal information safe and secure.
Further, a member shall notify the Company if there is any unauthorized use of the account. The Company shall not be responsible and/or liable, directly or indirectly in whatsoever way for any loss or damage imposed as a result of your failure to comply with this clause.
A member must obtain consent from Company in order to delete their account via email. Company has the full authority to reject or/ and accept any request to delete account by the member.
License and Access
Upon agreeing to this Agreement, the Company shall grant the member a personal, non-exclusive, non-transferrable, and limited privilege to enter and use the Website subject to the member’s compliance with this Agreement. This does not include any resale or commercial use of Our Service, or contents; any collection and use of any products listings, descriptions, or prices; any derivative use of any of the Company’s Service or its content; any downloading copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to the Member in this Agreement are reserved and retained by the Company or its licensors, suppliers, publishers, rights holders, or other content providers. The Company’s services shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. A member shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use the Company’s Service only as permitted by law. The Company reserves the rights to terminate any membership if any member fails to comply with the terms.
Terms of Order and Payment
Registration
To place an Order, you may register with us by creating an Account on the Site. You must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Site.
You shall not misuse the Site by creating multiple user accounts.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Formation of a Contract
The information set out in the Terms and Conditions and the details contained on this Site do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Products shall exist between you and us until we have shipped the Products to your address.
To submit an Order, you will be required to follow the online shopping process on the Site. After this you will receive an Order Confirmation which will act as an acknowledgement of your Order.
An Order is only considered accepted by us upon your Order being shipped to the delivery address provided by you.
A Contract will relate only to those Products which we deliver to you. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times.
Price and Payment
Product Price
Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Site are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products 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 you cancel your Order before we have shipped it to you, and you have already paid for your Order, you will receive a full refund.
Where applicable, prices are inclusive of taxes and duties are in Malaysian ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Total’.
We are under no obligation to fulfil your Order if the price listed on the website is incorrect (even after your Order has been acknowledged by us).
You will need to pay through our payment partners – iPay88. Wholesale and recommended retail prices may fluctuate due to market forces and we reserve the right to alter them periodically.
Payment method
We support the payment gateway of iPay88 as it is fast, simple, and safe. It supports numerous credit cards and e-banking payment source which as below:
Mistaken Orders
If you discover that you have made a mistake with your Order after you have submitted it to the Site, please drop us an email to enquiry.gentlefactory@gmail.com. We will try our best to process your request.
Refusal of Order
We reserve the right to withdraw any Products from this Site at any time and/or remove or edit any materials or content on this Site. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.
We will not be liable to you or any other third party by reason of our withdrawing any Product from this Site, whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept an Order.
Shipping / Delivery
Shipping and Handling Rates
Gentle Factory can deliver to all serviceable areas. We work in partnership with courier logistics company in the aim of providing the best service to our customers. We aim to deliver the Product to you at the place of delivery requested by you in your Order. Please refer to DELIVERY INFORMATION for more details on the shipping details.
We shall notify you if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
In the event that the delivery attempt fails, the parcel will be returned to our office pending further action, you will need to claim your parcel from the post office within the stipulated time frame before it gets returned back to Gentle Factory. Gentle Factory may also make an effort in notifying you should this happen. We can offer you the re-shipment option however, you will be charged extra shipping costs for this service, subject to any changes to be decided by Gentle Factory.
Delivery Rates / Charges
Shipping fee is the fee of transporting packages from one location to another. Please refer to DELIVERY INFORMATION or more details on the shipping details.
Volumetric Conversion
Large, lightweight packages will be charged at their actual weight or volumetric weight (weight equivalent to 1.67 times the density of Water for the size of the package), whichever is the greater.
Delivery Lead Time
Your purchases will be delivered to you depending on your delivery location. Please refer to DELIVERY INFORMATION for more details on the shipping details.
All the orders will only be processed upon full payment received. The shipping information will not be able to be changed while the package is in transit.
You will receive an email, notifying you when the orders have been shipped. If you have further queries, please contact us at enquiry.gentlefactory@gmail.com.
Notify and Tracking
Once your payment has been received, we will send you a notification email to inform you about the order. You can also log in your account to check the order status. You will receive an email acknowledgement containing the order reference number and details of your purchase.
You will receive an email, together with a tracking number, notifying you that orders have been shipped. If you have further queries, please contact us at enquiry.gentlefactory@gmail.com.
for our further assistance.
Delay in Delivery
Delays in delivery may occur due to unforeseen circumstances such as natural disasters, customers are unavailable to accept the delivery, wrong delivery address, accidents and courier internal problems.
If Gentle Factory failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall be entitled, by serving written notice on Gentle Factory, to demand performance within a specified time thereafter, which shall be at least 14 days. If Gentle Factory fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract in respect of the undelivered Goods and claim for refund or re-delivery.
Cancellations / Exchange / Return / Refund
Cancellation
The Member may cancel his or her purchase before the Product is delivered. If the request for cancellation is made while the Product is in delivery, such request shall be processed through the return procedure (not through the cancellation procedures).
Any request for cancellation, which is registered after the payment has been completed, the buyer needs to notify Company’s customer service representative immediately and shall be completed within 24 hours.
Any request for cancellation, which is made while the Product is being prepared for delivery, shall be completed immediately in principle; however, to the extent that the relevant Product has been already dispatched, the Buyer shall be responsible for the round-trip delivery charges.
Exchange / Return
Please refer to RETURN POLICY AND PROCEDURE for more details.
Change of mind
The Buyer may not be entitled to request return or exchange in any of the following cases:
The Product is damaged due to a cause attributable to the Buyer;
The value of the Product has been significantly reduced due to the use or partial consumption thereof by the Buyer.
The value of the Product has been significantly reduced to the extent that such Product is not resalable due to the time elapsed.
The package of the reproducible Product is damaged.
Subject to product warranty conditions, digital items cannot be exchanged or returned if the original seal is broken OR if there is no seal and the original packaging is opened, then no returns or exchange is allowed.
No Product may be exchanged or returned if it is specified in the warranty card that no exchanges or returns are allowed.
Subject to the status as shown on the product page, if the product page did the label that the item is not returnable, then no returns or exchange is allowed.
All Products must be cleared of any defects or damage to the reasonable satisfaction before any exchange or returns of Products are completed.
In the event the Company receives the request to exchange or return from the Buyer, All necessary expenses such as round-trip delivery costs for the exchange or return shall be borne by a party to whom a cause is attributable.
In the event the return invoice number is not indicated at the time the request for return is made, the return handling proceedings and refund may be delayed.
In the event the request for exchange does not have the relevant product in stock, the exchange is impossible, in which case such request shall be handled as the return of the Products.
The Buyer shall be responsible for all costs incurred in connection with any exchanges made, except where the relevant exchange is made due to defects in the Products, in which case, the merchant shall be responsible for round-trip delivery costs of such defective Products.
We only exchange goods if they are defective or damaged. In circumstances where you consider that a product is defective, you should promptly contact us at enquiry.gentlefactory@gmail.com with details of the product and the defect.
Exchange / Return
In the event the Company determines that the Buyer’s request for exchange or return is not justifiable, the Company may cancel such request. Moreover, if the Buyer fails to return the Product, or is not reachable (by telephone, email, etc.), within seven (7) days from the date on which the Buyer’s request for exchange, return, etc. has been registered, it shall be deemed that the Buyer has withdrawn itself from such request.
If the transaction, for which the payment of the Buyer has been confirmed, is canceled, the Company shall take the necessary procedures to refund the purchase price to the Buyer within five (5) business days from the date on which the relevant transaction is canceled. In the case of where the transaction is canceled for which the payment has been made via credit card, the cancellation of payment approval shall be processed immediately. In the case of where the transaction is canceled for which the payment has been made using the electric prepayment, the procedures to refund such shall be immediately undertaken.
Any refund of the Products, for which the payment has been made by credit card, shall be made only by cancelling the credit card transaction, and shall not be made in cash; provided, however, that the refund of the delivery charge (in the case of bundle delivery) may be made in Cash after the relevant purchase has been finalized.
Warranty
All the products may or may not be applicable with warranty. The applicable warranty will be stated in product’s details, if there’s no warranty written in product details, it means there is no warranty applicable to the product.
Force Majeure
The Company shall not be liable to Member for any breach for any reason of any delay in performing or failure to perform any due to any cause beyond our reasonable control, including but without limitation to acts of God, explosions, flood, acts of restriction, regulations, by-laws, or measures of any kind on the part or governmental parliamentary or local authority, import or export regulations or embargoes, riot, terrorist attack, threat or preparation for war, interruption of production or operation line, difficulties in obtaining raw materials labour, fuel parts, or machinery breakdown etc.
Miscellaneous
No provisions of this Terms and Condition shall be waived except pursuant to a writing executed by the party against whom the waiver is sought, no failure to exercise, partial exercise of, or delay in exercising any right, remedy, or condition. No party hereto can assign, delegate or transfer any rights or obligations under this Agreement to a third party without a written consent of the other party. Member may not assign, transfer, or sublicense any of your rights or obligations under these Terms and Conditions without the Company’s express written consent. The Company will not be responsible for failure to fulfill any obligation due to causes beyond our control. Words importing the singular number shall include the plural number and vice versa. Words importing the masculine gender only shall include the feminine and neuter genders. This Agreement is governed by the Malaysia Law.
Gentle Factory Guarantee
Gentle Factory shall perform its obligations under these Terms and Conditions with reasonable skills and care. We place great value on our Customer satisfaction. You may contact us at any time using the contact email enquiry.gentlefactory@gmail.com .. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant inquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an inquiry or complaint.
In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order Confirmation. In rare cases, your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. Should you not have received any response from us within two (2) Business Days, please make further inquiries.
The Company does not sell or rent member personal information to third parties for their marketing purposes without member’s explicit consent. The Company uses the information only as described in this Privacy Policy. The Company shall view protection of member’s privacy as a very important community principle. The Company stores and processes the information on computers that are protected by physical as well as technological security devices. The Member can access and modify the information provided and choose not to receive certain communications by signing-in to your account.
If the Company has reasonable grounds to believe that any Member is in breach of any of the terms of this Agreement, Company reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and/or injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing. Further, Company may disclose the Member’s identity and contact information, or such other transaction-related data, if requested by a government or law enforcement body, private investigator, rightful owner or interest holder and/or any injured third party or as a result of a subpoena or other legal action, or if Company is the view, in its sole and absolute discretion, that it would be in its best interest to do so. Company shall not be liable for damages or results arising from such disclosure, and the member(s) agrees not to bring the action or claim against Company for such disclosure.
When a Member withdraws from the membership, the Company shall keep in custody the name, password, e-mail or information necessary for identification from the withdrawal for the purpose of prohibiting the user from receiving illegally or expediently any economic profit such as discount vouchers, event benefits, etc. through repetitive subscriptions and withdrawals or from using illegally the other’s name.
Liability
Gentle Factory has no responsibility and assumes no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorized to use certain payment method and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Laws
These Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Malaysian Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Malaysian Courts. All dealings, correspondence, and contacts between us shall be made or conducted in the English language.
Amendments and/or Variation of the Terms and Conditions
Notwithstanding any clause stated herein, the company reserve the right, at our sole discretion, to amend, modify and/or replace the terms and conditions from time to time without any prior notice to the user. The Member shall be considered as accept and agree to the amended terms and condition in the circumstances that the user continues to visit Company. The Company shall not be responsible for any damages suffered or sustained by any Members or Users in relation to their failure to read the information on the amended Terms and Conditions. Continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions. Any members reserve the rights to withdraw from membership in the event of disagree to the amended Terms and Conditions.
When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
Contact Us
If you have any questions about these Terms & Conditions, please contact us at enquiry.gentlefactory@gmail.com