Terms and Conditions

Introduction

Welcome to Belilah.com.my! These Terms of Use describe the terms and conditions applicable to your access and use of the websites opening a Belilah account so that you are aware of your legal rights and obligations with respect to Bintang Dimaju Sdn Bhd (Company Registration No: 1002167-W ) and its affiliates and sub  sidiaries ( individually and collectively, “Belilah”, “we”, “us” or “our”. Belilah provide an online platform for the sale of goods between Buyer and Seller and Seller will be entirely responsible for the sales contract between them. Belilah reserves the right to remove any Content or information posted by you on the Site. By using Belilah platform, you must read and agree to accept all of the terms of this agreement, including all of the terms and conditions in and Privacy Policy. If you do not agree to these terms, Please do not access or use the Services or the Sites if you do not accept all of the Terms.

Belilah reserves the right to change, modify, suspend or discontinue all or any part of this platform at any time or upon notice as required by local laws. Belilah may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability. Belilah reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

Account and Security

Registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. Belilah has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. You agree that Belilah may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that Belilah deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) buying products on the Site for the purpose of commercial re-sale, (f) abnormal or excessive purchase of products from the same Seller or related group of Sellers, (g) voucher abuse or (h) behaviour that is harmful to other Users, third parties, or the business interests of Belilah. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Belilah may terminate your Account immediately with or without notice.

Violation of our terms of service

Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:

  • Listing deletion

  • Limits placed on Account privileges

  • Account suspension and subsequent termination

  • Criminal charges

  • Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

If you believe a User on our Site is violating these Terms of Service, please contact Belilah_supp@hotmail.com

Payment

Belilah supports one or more of the following payment methods:

  1. Credit Card
    Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.

  2. Online Payment Gateway
    Buyer may make payments through an Ipay88 Online Payment Gateway.

  3. Payment Term
    Buyer who would to like to apply payment term need to provide company information such as Company Name, Address, Registration No, SSM and other necessary detail via email to us, Belilah_supp@hotmail.com to apply for each Seller (separate apply for different Seller). Belilah & Seller reserve the right to decision, accept or reject Buyer’s application, Days of payment term, and Term Amounts.

    Buyer who successful for apply payment term when hit limited amount unable to purchase need to settle payment for early order amount first to continue purchase.

    Buyer may make payment through internet Bank Transfer. Buyer must provide Belilah with the transfer receipt or payment transaction reference for verification purposes through email Belilah_supp@hotmail.com

Buyer may only change their preferred mode of payment for their purchase prior to making payment.

Belilah takes no responsibility and assume 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 authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.

Seller’s Responsibilities

Seller shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on Seller’s listing and shall not post inaccurate or misleading information.

The price of items for sale will be determined by the Seller at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Seller shall not charge Buyer such amount additionally and separately.

Seller agrees that Belilah may at its discretion engage in promotional activities to induce transactions between Buyer and Seller by reducing, discounting or refunding fees, or in other ways. The final price that Buyer will pay actually will be the price that such adjustment is applied to.

For the purpose of promoting the sales of the items listed by Seller, Belilah may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) .

Seller shall issue receipts, credit card slips or tax invoices to Buyer on request.

Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and Belilah cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.

Delivery

Seller should be make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company and the tracking number. Seller must use his/her best effort to ensure that Buyer receives the purchased items within the period specified by Seller’s listing.

Delivery option and Shipping Fees specified when place order and delivery address as Buyer agreed in writing.

Delivery lead-time depend on:

  1. Ex-stock product estimate lead-time 3-5 working days upon complete payment.

  2. Pre-order’s product lead-time specified when place order as Buyer agreed in writing by Seller. Pre-order’s lead-time are approximate.

Users understand that Seller bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, Users acknowledge and agree that Belilah will not be liable for any damage, expense, cost or fees resulted therefrom and Seller and/or Buyer will reach out to the logistic service provider to resolve such dispute.

Cancellation, Return and Refund

Non-Cancellation for Pre-order product, which Seller mention at product details.

Buyer may only apply cancel his/her order prior to the circumstances mention, please refer to Belilah’s Refunds and Return Policy for further information.

Seller should be response to Buyer’s return or cancel request within 3 days; if Seller fails to response, Buyer please contact us Belilah_supp@hotmail.com to report case.

Refunds to Buyer shall be made to Buyer’s bank account within 7 days of the return or refund request which acceptance by Seller.

Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY BELILAH OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BELILAH DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

BELILAH HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS.IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE BELILAH AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.

Exclusions and Limitations of Liability

Belilah shall not be liable for any :

  1. Loss of use; loss of profit; loss of revenues; loss of data; loss of good will; or failure to realise anticipated savings, in each case whether direct or indirect; or

  2. Any indirect, incidental, special or consequential damages, arising out of or in connection with the use or inability to use this site or the services, including, without limitation, any damages resulting therefrom, even if Belilah has been advises of the possibility of such damages.

You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the service is  to request for termination of your account and/or discontinue any use of the services.

Nothing in these terms of services shall limit or exclude any liability for death or personal injury caused by Belilah’s negligence, for fraud or for any other liability on the part of Belilah that cannot be lawfully limited and /or excluded.

Your Representations and Warranties

You represent and warrant that:

(a)      you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and

(b)      you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.

Fraudulent or Suspicious Activity

If Belilah, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect Belilah, other Buyers or Sellers, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

  1. We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;

  2. We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Singapore or elsewhere and directed to Belilah;

  3. We may refuse to provide the Services to you now and in the future;

  4. We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Belilah or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

For the purposes of this Section:

"Chargeback" means a request that a Buyer files directly with his or her debit or credit card company  or debit or credit card issuing bank to invalidate a payment.

"Claim" means a challenge to a payment that a Buyer or Seller files directly with Belilah.

"Reversal" means the reversal of a payment by Belilah because (a) it is invalidated by the sender's bank, (b) it was sent to you in error by Belilah, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated these Terms of Service or any other Belilah policy, or (e) Belilah decided a Claim against you.

Indemnity

You agree to indemnify and hold Belilah, and its shareholders, subsidiaries, affiliates, directors, officers, agents, partners, and employees, co-branders, and other partners harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:

  1. any transaction made on the Site;

  2. your violation or breach any term of these Terms and Conditions or any policy or guidelines referenced herein,

  3. your breach of any law or ant rights if a third party, or

  4. any Content uploaded by you

 

Law and Jurisdiction

These Terms & Conditions shall be governed by and construed with the laws of Malaysia, and any disputes relating to these Terms and Conditions will be subject to the non-exclusive jurisdiction of the courts of Malaysia.

If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts us at: Belilah_supp@hotmail.com