Terms and Conditions
As a valued customer of Bayam, we would like you to be familiar with our trading terms, to ensure that your experience with Bayam is a satisfying one. Please feel free to contact our office at +603 2770 0369 if you have any further questions.
- About Bayam (M) Sdn Bhd.
- www.bayam.my and our other sites is a website operated by Bayam (M) Sdn. Bhd. (“us”, “our”, “we”, “Bayam”). We are a private limited liability company registered in Malaysia and our office is registered at Bayam (M) Sdn. Bhd., 10-06, Kenwingston Square Garden, Persiaran Bestari, 63000 Cyberjaya, Selangor.
- You and Bayam may enter into a sale contract for the sale and supply of goods or services described in this website, by making an offer to Bayam via the website, to purchase the goods and services at the specified price, subject to these Terms.
- In these Terms:
- “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website– reference to a “third party” in these Terms includes a reference to any agent or contractor of Bayam, or of any of its related entities, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website, and includes any of them
a reference to the “website” means bayam.my or our other sites
“Order” means an offer made by you in response to an invitation to treat made by Bayam via the website.
- We reserve the right to revise these Sales Terms from time to time at our discretion. Such revisions will be effective immediately upon publication on this website. We recommend you review the terms for amendments each time you use the website and before placing any Order. By continuing to use this website after such publication, you agree to be bound by these Sales Terms as revised. Any changes to these Sales Terms will apply to any Order you place from the effective date of the change. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or a third party. You should therefore periodically visit this page to determine the current Sales Terms.
- User Agreement
- By accessing and/or using the website, you accept these Terms and agree to be bound by them, and an agreement is formed between us and you.
- These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following any amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the Terms for amendments each time you use the website and before placing any Order. Whilst we are under no obligation to do so, should we choose to provide you with notice of amended Terms, you agree to receive email notification of the amendments from us or our third party.
- Guests and Registered Users
- You may access and/or use the website as a guest or as a member.
- To become a member of the website, you must provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply goods or services to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting our Customer First Team.
- You will receive an email from us as soon as practicable after you create your membership account.
- We only permit one registration per email address.
- You must not use another member’s account without permission.
- You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
- If you forget your password you may contact our Customer service line at +603 2770 0369.
- We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these Terms.
- Legal Capacity
- You must be eighteen (18) years of age or over to register as a member of the website or purchase goods or services from the website.
- Any Order and/or purchase made by you using this website is an acknowledgement by you that:
- You are over the age of eighteen (18) years
- You accept these Terms
- You agree that you have entered into a legal contract with Bayam in relation to these Terms
- These Terms, together with your Order, constitute the entire agreement between you and Bayam for the supply of goods or services
- Bayam reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an Order to be placed, for any loss or damage of any kind Bayam may suffer as a result of a transaction entered into by a minor
- We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
- Once an Order has been accepted by Bayam, no cancellation of that Order is valid unless you receive our written communication permitting the cancelled Order.
- Representations of goods or services for sale made by Bayam via the website do not constitute an offer to sell but an invitation to treat.
- You and Bayam may enter into a contract for the sale and supply of goods or services by you making an offer via the website to purchase goods at the price advertised on the website by:
- Placing an electronic Order for the goods or services using the website.
- You confirm the Order details in accordance with the procedure on the website.
- You make payment in full (plus any applicable delivery and handling charges) to Bayam.
- The acceptance of that from Bayam
- When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the good(s) or services only when:
- Any and all requirements set out in these Terms have been met.
- The electronic instruction containing the offer from you enters and is recorded in our database
- Record is created and stored in our database
- Bayam receives in its account full payment from you for the goods or services (including any applicable delivery and handling charges) and confirmation of that payment is received by our company bank account as below:
Company: 1402018-W – BAYAM (M) SDN. BHD.
Account Branch: Cyberjaya
Account No: 8000306674/ BAYAM (M) SDN. BHD (MYR)
- You acknowledge that:
- The transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Bayam for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications failure, or the omission or failure of third party website providers or systems.
- To the fullest extent permitted by law, Bayam is not liable to you in any way for any loss or damage of any kind, however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason.
- Bayam may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you.
- Bayam may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
- You will receive an email or message from Bayam as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact the Customer Service Team. Please note this email does not constitute acceptance of your Order by us but merely confirms our receipt of your Order.
- If your Order is not accepted by Bayam, Bayam will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
- Bayam may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, goods or services on the website, or an error of any kind in or relating to your Order
- Any representations made at any time about stock availability are accurate to the last known stock level and are subject to change. If Bayam cannot supply particular goods, Bayam will notify you by telephone or email as soon as possible.
- Bayam will be deemed to have accepted your Order on the first to occur of issue to you: of a tax invoice for the sale and the fulfillment of your Order.
- With regard to any Order placed by you for any customized goods (including without limitation furniture made to or incorporating a particular design, specification, color, configuration, pattern or fabric) Bayam will email you a notice of acceptance following confirmation of receipt of your Order at which point the customized goods shall be ordered by us from our suppliers.
- Upon the sending to you of the notice of acceptance, Bayam shall be deemed to have accepted your offer, following which no cancellation of your Order by you shall be permitted and no refund shall be made by us in respect of such goods.
If you have any query about the progress of your Order please contact the Customer Service Team. Please have your Order number handy as shown on the email confirmation.
- Prices shown are in Ringgit Malaysia and include SST where applicable. Prices may not include delivery and handling charges. Prices are valid until amended or removed from the website and are subject to change at any time.
- Each published saving in respect of goods or services is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of Bayam.
- Images of goods shown without any advertised price beside that image are not offered for sale.
- Unless otherwise stated, accessories shown in any image of goods are not included in the price.
- We reserve the right to correct any errors published on the website at any time.
- All promotions running in Bayam’s website are subject to each promotion’s terms and conditions.
- All promotions run independently and can’t be combined with other ongoing promotions unless otherwise stipulated.
- Each discount / voucher / promo code (if any) can only be used once per transaction per account and cannot be combined with other ongoing promotions unless otherwise stipulated.
- Each discount / voucher / promo code comes with an expiry date and will end by 11.59pm on the specified date.
- Bayam reserves the right to hold or cancel any order which violates any promotion’s terms and conditions.
- All payments must be made in full prior to delivery, including any applicable delivery or handling charges.
- Payments must be made via the Bank Direct Transfer.
- To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you where a bank account is fraudulently used or is used in an unauthorized manner.
- If there is a problem with your payment, we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.
- Supply and Delivery
- Subject to you complying with these Terms and acceptance of your Order by Bayam, Bayam will sell and supply the goods or services to you as shown on your Order confirmation.
- If the goods that you have ordered are in stock Bayam will endeavor to dispatch orders within one (1) to seven (7) working days (Monday to Friday) or up to twenty-one (21) working days for furniture.
- Goods may not be available for immediate delivery. Bayam will deliver your Order to you within four (4) to six (6) weeks from the date you placed your Order, except if the Order is for an item of furniture or any customized goods. Subjected to availability from the supplier.
- Items of furniture or any customized goods which are not held in stock will be required to be ordered. You agree that your Order for any item of furniture or any customized goods may take up to X (X) weeks to be delivered to you from the date you placed your Order. This time frame is the average manufacturing lead time required by suppliers. Bayam will contact you on receipt of your Order to notify you of the indicative delivery date.
- When you complete your Order you will be prompted to select whether you wish to collect your Order from a Bayam Store or to have the Order delivered to an address specified by you.
- Other than in respect of Orders for furniture and any customized goods, if Bayam gives you notice that it will be unable to deliver your Order within four (4) to six (8) business weeks of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and Bayam will arrange for a full refund of any payment made by you to be processed.
- Delivery dates are estimates only and we are unable to accept any liability for failure to deliver the goods within the specified time resulting from shipment or delivery delays from our suppliers.
- If there is no one available to accept delivery on the pre-arranged delivery date, you will be charged for storage, transport and re-delivery costs
- Should you arrange your own delivery or collection then the goods become your responsibility upon collection from Bayam
- We cannot accept responsibility for delivery failures or delays by our third party delivery contractor.
- No installation services provided for Orders fulfilled by our third party delivery contractor.
- Delivery by Post or Courier or Bayam Team
- The terms of this clause apply where you select to have your goods delivered to a specified address.
- On acceptance of your Order by Bayam, your Order will be dispatched to your specified delivery address generally within dispatch orders within seven (7) to fourteen (14) business days, subjected to the other provisions of these Terms.
- If you Order large or bulky items, Bayam will contact you by telephone or email to arrange with you a suitable time for delivery.
- You will be required to be available in person to accept delivery of your Order.
- If you wish to change the delivery date or delivery address you must contact the Customer Service Team at least 3 days prior to the dispatch of your Order.
- Bayam will use its reasonable endeavors to deliver your Order within any stated time frames for dispatch, however Bayam does not warrant that these time frames will always be met, as many factors may affect these time frames.
- You must advise at the time you place your Order via the website or later when you discuss delivery with Bayam, of any difficulties that may be involved in the delivery (such as stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redeliver fees and the cost of an extra person to assist.
- Bayam cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
- No installation services provided for Orders fulfilled by our third party delivery contractor.
- You are required to inspect your goods when you take delivery of them. You will be required to note any damage on the delivery documentation which is presented to you by the carrier for signature. In all other cases you will be required to notify us in writing of any damage on delivery or shortages within seven (7) days of delivery. We will not be liable for any damage on delivery to any of the goods unless we are notified within the time period specified above.
- Orders for Collection at a Bayam Store
- The terms of this clause apply where you select to collect your Order from a Bayam Store.
- If you select to collect your goods from a Bayam Store a representative of the relevant Bayam Store will contact you by telephone or email to notify you when the Order is available for collection.
- Orders for collection at a Bayam Store must be collected within fourteen (14) days of the relevant Bayam Store giving you notice by telephone or by email that your Order is available for collection. If your Order is not collected within this time, the relevant Bayam Store has the right to allocate those goods to another customer and reorder the goods for you.
- The person who collects the goods must provide the order confirmation print out, photo identification and present the credit card or payment receipt used for the online transaction. If the person is unable to collect the order in-store personally, the person must contact our Customer Service Team to notify us of the name of the person nominated to collect the order on behalf.
- Title and risk in goods
Title and risk in goods pass to you on delivery or collection and after full payment has been received by Bayam.
- Payment and credit card fraud
To the fullest extent permitted by law, Bayam and its related entities will not be responsible for any damages or consequential losses of any kind (whether direct or indirect) suffered by a user where a credit/debit card, PayPal account or other payment method is fraudulently used or is used in an unauthorized or improper manner.
- Disclaimer and Indemnity
- To the fullest extent permitted by law (and without limitation to any other provision of these Terms), Bayam, and each of its related entities, exclude all liability to you or anyone else for any and all loss or damage of any kind (however caused or arising) relating in any way to the website (or any goods or services purchased on the website) including, but not limited to, loss or damage you might suffer as a result of:
- you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website.
- personal injury or property damage of any kind resulting from your access or use of the website.
- any unauthorized access to or use of the website’s secure servers.
- any interruption or cessation of transmission to or from the website.
- any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party.
- errors, mistakes or inaccuracies on the website.
- Without limitation to the foregoing, except as expressly provided in these Terms and to the fullest extent allowed by the law, Bayam and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website or any goods or services purchased on it.
- Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the goods or services on the website. Any representation, condition or warranty which might be incorporated into these Terms by statute, common law, the law of equity or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that any goods or services are suitable for your purposes.
- You will at all times indemnify, and keep indemnified, Bayam, and each of its related entities, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or any breach of these Terms.
- Order Enquiries
If you have any query about the progress of your Order please contact the Customer Service Team. Please have your Order number handy as shown on the email confirmation of your Order.
- Damaged or Faulty Goods
- If any goods ordered by you arrives damaged or is not of acceptable quality you may have:
- Rights under our Refund and Exchange Policy.
- To have the goods repaired or replaced or to receive a refund of the price paid by you for the goods.
- If your Order arrives damaged, please contact our Customer Service Team.
- Your Right To Cancel Your Order (Right of Withdrawal)
- Subject to the terms set out below, you have the right to cancel your Order and return the goods up to ten (10) business days starting from the day the goods are received by you, provided the goods are in perfect condition and the packaging remains in an ‘as new’ state, and provided that
- You will be responsible for the cost of returning the goods to us. A full refund of the value of the goods will be made upon our receipt of the returned goods.
- You have proof of purchase (order invoice number and receipt).
- The goods must be in new condition and returned in the original, unopened packaging along with all original accessories (including manuals, warranty cards, certificate of authenticity) and any free gifts received with it.
- All sealed items must not be opened.
- The product must not have been used or installed.
- In the interests of hygiene: mattress, towel, comforter, duvets, sheets, pillows, bolster, Personal Care Products cannot be returned unless they are unopened and in their original packaging.
- Display sets
- Once Installed: Made-to-order/ Custom-Made, Air-Conditioner, TV (once wall mounted), toilet bowl, counter wash basin, shower enclosure, tiles, refrigerator, hob & hood.
- Once Used: All Electrical & kitchen appliances, bathroom accessories, Mattresses and Assembled Furniture, household items, detergent.
- Consumables such as coffee capsules cannot be returned unless they are unopened and in their original packaging.
- Customized/made to order goods, special order items, bed linen, mattresses, beds, divans, assembled furniture cannot be refunded or exchanged.
- If delivery has taken place, the refund will exclude delivery charges paid.
- One exchange is allowed per purchase. The exchange product will not be eligible for further exchange or refund unless faulty.
- Other than as set out in clause 17(i), Bayam will generally not provide you with a refund or exchange simply because you changed your mind or the goods were not what you expected.
Should you wish to make a complaint, please contact our Customer Service Team or write to us at firstname.lastname@example.org
- Force Majeure
Bayam will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries
- Governing Law
The courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our website or any Order placed on the website, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms are governed by Malaysia law.
If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Bayam.
- Transfer and Assignment
If Bayam merges, sells or otherwise changes control of its business or this website to a third-party, Bayam reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Bayam has collected from you and any agreements it has made with you.
The failure by Bayam to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Bayam.