1. In General

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AND THE GENERAL TERMS AND CONDITIONS OF SALE CAREFULLY AS THEY APPLY TO YOUR USE OF THIS WEBSITE AND SALE OF PRODUCTS THROUGH THIS WEBSITE.

These terms and conditions of use (the "Terms and Conditions"), are intended to set forth the basic terms and conditions between you and BALÜGA Living Sdn Bhd (Company No. 1451906-A) or its affiliated companies ("UNIVERSAL TRAVELLER", the "Company", "we", "our", or "us"). The Website "balugaliving.com" is wholly owned by BALÜGA Living Sdn Bhd (Company No. 1451906-A) . All the operations and services available in this website are fully managed and operated by BALÜGA Living Sdn Bhd (Company No. 1451906-A) . All the contents residing in this website such as text, graphics, logos, and images are the properties of BALÜGA Living Sdn Bhd (Company No. 1451906-A) and/or its respective owner.

By accessing balugaliving.com or any sub-component thereof (this "Website"), you agree to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, PLEASE DO NOT PLACE AN ORDER FROM THE SITE OR USE THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE.

You agree that the Company may make agreements with you by electronic means and that such agreements are legal, authentic and valid for the purposes of the law.

Material from this Website is protected by copyright and may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the copyright owner.

Use of the Website is void where prohibited by applicable law and the right to access the Website is revoked in such jurisdictions.

All trademarks on this Website are property of the Company unless otherwise indicated. The Company name, BALÜGA Living Sdn Bhd (Company No. 1451906-A) and all related terms, names, logos, product and service names, designs and slogans, materials on this Website including the text, information, graphics, pricing, content, products and services are trademarks and intellectual property of the Company or its affiliates. You must not use such marks without the prior written permission of the Company or its owners. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Material on this Website is provided for lawful purposes only and in a manner which does not violate the rights of, or restrict or inhibit the use of this Website by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or of defamatory, racially or ethnically objectionable material of any kind or disruption of normal flow of dialogue within this Website.

 

2. Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

 

3. Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material 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 proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Collective Brands Sdn Bhd will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by BALÜGA Living Sdn Bhd or its licensors. Balugaliving.com is a trademark belonging to Collective Brands Sdn Bhd. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Collective Brands Sdn Bhd.

 

4. Intellectual Property, Software and Content

The intellectual property rights in all software and content made available to you on or through this Website remains the property of BALÜGA Living Brands Sdn Bhd or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by BALÜGA Living Sdn Bhd. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by BALÜGA Living Sdn Bhd or its licensors. Balugaliving.com is a trademark belonging to Collective Brands Sdn Bhd. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Collective Brands Sdn Bhd.

 

5. BALÜGA Community Areas

Registration

BALÜGA Living Sdn Bhd reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupts any of our services in any way.

If you use multiple logins for the purpose of disrupting the community you may have action taken against all of your accounts.

 

Submission of material

By submitting any material to us, you automatically grant BALÜGA Living Sdn Bhd the royalty-free, perpetual, exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also acknowledge that BALÜGA Living Sdn Bhd is not obliged to publish any material submitted by you on any BALÜGA Living Sdn Bhd publication.

We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified).

In certain circumstances, BALÜGA Living Sdn Bhd may also share your contribution with trusted third parties.

 

Failure to comply

If you fail to abide by these Community Rules you may be sent an email which informs you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts.

This action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all areas of BALÜGA Living Sdn Bhd.

BALÜGA Living Sdn Bhd reserves the right to delete any contribution or take action against any BALÜGA Living Sdn Bhd account, at any time, for any reason.

If you do not want to grant BALÜGA Living Sdn Bhd the permission set out above on these terms, please do not submit or share your contribution on the Community website.

 

6. Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland Malaysia and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with BALÜGA Living Sdn Bhd you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. BALÜGA Living Sdn Bhd retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be BALÜGA Living Sdn Bhd or may in some cases be a third party.

Where a contract is made with a third party BALÜGA Living Sdn Bhd is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

 

Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order.

A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you.

Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

 

Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur.

If we discover an error in the price of any goods 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 and you have already paid for the goods, you will receive a full refund.

 

Payment

Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction.

Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

 

Discount Codes

Account discount codes - Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.

Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through this Website.

 

Gift Vouchers

Gift vouchers are only valid for a limited time and the voucher must be used by the date shown on the voucher – check your voucher to find out when to use it.

We’re afraid we can’t accept any responsibility for stolen or deleted gift vouchers.

We’ll despatch your gift voucher either as soon as payment has been cleared or on your specified delivery date (if this is later). We’re afraid we can’t be responsible for any delays, no matter how they are caused.

If you are the purchaser, please double check the delivery email address you enter – it is your responsibility to do so and we’re afraid we can’t be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect.

In addition, we can’t take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe.

From time to time, gift vouchers may get caught in pesky spam filters, and it’s up to the recipient to check these filters. We can’t take responsibility if a gift voucher cannot be delivered to the recipient’s email address because of spam filters, firewalls, the capacity of the recipient’s mailbox or any other factors outside of our control.

If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, or a combination of the two).

As you’d expect, we reserve the right to vary these terms and conditions. The conditions of use relating to any discount code will be specified at the time of issue.

 

7. Delivery

We strive to deliver your purchased products in shortest time possible. All orders are in process as soon as the transaction is confirmed. All orders are dispatched and delivered by courier service, Monday – Friday, excluding weekends and public holidays.

After you have successfully placed your order, our Customer Service team will conduct a verification process and update you as soon as possible by email.

After successful verification, you can check your tracking number in your confirmation email after 3 to 7 working days.

If delivery is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery of the product from the carrier, we (without affecting any other right or remedy available to us) would charge you for any fee and other costs reasonably incurred by us.

Currently, we can only send orders to street addresses in Malaysia. We do not deliver to a PO Box address, military and protected areas. Delivery charges for failed attempted delivery to such restricted areas will be borne by you. We are unable to ship to any international address.

We are currently only able to deliver to one delivery address per order. If you’d like to deliver to multiple addresses, please place a separate order for each unique address.

 

SHIPPING COST

Category	Peninsula Malaysia	East Malaysia
Appliances	RM15 per order. Free shipping above RM300	East Malaysia Shipping rough calculation (subject to additional charges for deliveries in certain areas). 0.01kg - 2kg : RM50 2.01kg - 11kg : RM155 12.01kg - 18kg : RM 245 19.01kg - 24kg : RM 320
Kitchen Utensils	RM8 per order. Free shipping above RM300

 

DELIVERY TIME

Area	Delivery time in working days (after dispatch)
Peninsular Malaysia	5 - 14 days and above
East Malaysia	7 - 14 days and above

 

8. Returns & Exchange

Cash refunds are not available. However, if the customer is unhappy with the purchase, the customer can return the items to BALÜGA Living Sdn Bhd within 21 days from date of delivery and BALÜGA Living Sdn Bhd will issue a coupon/store credit of the item's value. Only appliances that are unaltered, unuse and in sellable condition with returns label still attached can be returned to BALÜGA Living Sdn Bhd. Sale items and purchases made with discount coupons are non-returnable and non-exchangeable.

If customer has not responded to the notification 10 days after delivery of notification, BALÜGA Living Sdn Bhd reserves the right to claim ownership of items and resell the items on balugaliving.com . The cost of returns is borne by the customer.

For returns and exchanges, customers are advised to notify BALÜGA Living Sdn Bhd first at mycustomercare@balugaliving.com quoting the order number and product details.

Please contact our Customer Service to initiate the return.

Please ensure that the Return Slip and Tax Invoice are included in the parcel. The item(s) must be returned to our returns address:

BALÜGA Living Sdn Bhd (Company No. 1451906-A)
70, Jalan Kilang Midah,
Taman Midah, Cheras,
56000 Kuala Lumpur, Malaysia.

 

9. Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law BALÜGA Living Sdn Bhd and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect BALÜGA Living Sdn Bhd’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

 

10. Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

 

11. Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with BALÜGA Living Sdn Bhd and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to BALÜGA Living Sdn Bhd.

 

12. Indemnity

You agree to indemnify, defend and hold harmless BALÜGA Living Sdn Bhd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

 

13. Variation

BALÜGA Living Sdn Bhd shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

 

14. Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

 

15. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

 

16. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

17. Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of Malaysia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Malaysian courts.

 

18. Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and BALÜGA Living Sdn Bhd. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of BALÜGA Living Sdn Bhd.