TERMS & CONDITION
These Terms and Conditions consist of the following sections: 1. Introduction; 2. The Purchase Terms; 3. Use of the Website and 4. Miscellaneous, as well as policy, set of terms or document to which a link has been provided herein (collectively “Terms & Conditions”).
Twistshakebaby.com.my (the “Website”) is operated by or on behalf of Bio Vigor Sdn. Bhd. (“Bio Vigor”). If you place an order through this Website, upon confirmation that such order is accepted a contract of sale will be executed between you and Bio Vigor, which will be governed by these Terms and Conditions and specifically by the Purchase Terms mentioned below. (hereinafter together referred to as “Bio Vigor / we/us”).
- PURCHASE TERMS
Please read these Purchase Terms carefully before ordering Products online from the Website.
2.1 WHEN DO THESE PURCHASE TERMS APPLY?
These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by us. In other words, you agree to these Purchase Terms, when you (i) order anything from the Website, (ii) order anything at any web page directly connected to the Website or (iii) when you accept an offer from us. It is only possible to deviate from these Purchase Terms if agreed in writing by us.
We have different types of products as may be displayed on the Website from time to time. (“Products”).
Please note that in the case of limited edition or limited production Products extra restrictions such as limiting the number of such Products per customer may apply. These extra restrictions will be made known to you via the Website.
All Products shown on the Website are subject to availability. This means that, although we strive to ensure our Website reflects the availability of stock, a Product shown on the Website may no longer be available for purchase.
Minor differences in colour, design or other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. Bio Vigor is not liable for these variations and deviations. No rights can be derived from typing errors, product descriptions or manifest errors on the Website.
2.3 REQUIREMENTS TO CONCLUDE A CONTRACT WITH BIO VIGOR
You have to be 18 years of age or older to buy Products via the Website.
You can only order on the Website if you are a consumer, not a reseller.
You guarantee that the information you provide to us in the request or order is accurate and complete.
2.4 HOW IS A CONTRACT CONCLUDED WITH YOU?
2.4.1 General Aspects of Contract Formation
The following applies to all types of products. All information on the Website is an invitation to treat only. In other words, the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.
All orders submitted by you are subject to acceptance by us. We are entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If we do not confirm acceptance of your order within ten working days, it is deemed to have been refused.
We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:
a. If Product(s) are shown on the Website but are not or no longer available;
b. If we are unable to obtain authorisation of your payment;
c. If shipping restrictions apply to a Product;
d. If Product(s) shown on the Website contain a (manifest) error such as being incorrectly priced or otherwise incorrectly described.
In the event that we do not accept (part of) your order we shall be entitled to cancel (part of) your order without incurring any liability towards you or a third party. Following the cancellation we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order.
We reserve the right to cancel your order after the creation of the contract of sale, thereby terminating the contract of sale, for the reasons stipulated in this section 2.4.1. under headings a through d above. Following the cancellation we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order.
Bio Vigor has and fully reserves the right to refuse to accept any order that it knows or reasonably suspects was made with the assistance or involvement of any software, robot, crawler, spider or other automated means or device.
2.4.2 Special Aspects of Contract Formation for Products
After your order has been placed, we will send you an order acknowledgement email with your order number and details of the Products you have offered to purchase and details of any delivery services.
2.5 RETENTION OF TITLE
All Products will remain the property of Bio Vigor until you have paid all amounts owed to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber any Product before full title thereof has passed to you.
2.6 MAINTENANCE OF PRODUCTS
We draw your attention to instructions for use which are attached to the Products (printed on the Products’ packaging or attached in the Products’ box). We are not liable for any damage resulting from incorrect handling of Products, including handling contrary to the instructions.
2.7 ORDER CANCELLATION
Please kindly contact our customer service for more details.
Prices are quoted in Malaysian Ringgit (MYR). Bio Vigor reserves the right to make price changes prior to an order placed by you.
We reserve the right to change, limit or terminate any special offers or discounts at any time.
We may charge delivery costs. The delivery costs may vary for each Product and type of delivery. For further details, please see section 2.12 or go to the Delivery section of the Website. Any delivery costs may be charged separately, itemised and added to the total amount of the order.
2.9 METHODS OF PAYMENT
Payment methods are all powered by Razer.
Bio Vigor reserves the right to conduct an individual credit check for each order in accordance with the Bio Vigor Privacy Statement. Depending on the results of this check, Bio Vigor reserves the right to refuse certain methods of payment.
Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
We will deliver to the address indicated by you nationwide. If a delivery attempt is unsuccessful, you agree that the carrier we have engaged for the delivery may also deliver the Products to a neighbouring/nearby address or pick-up point, after which Bio Vigor is deemed to have met its obligation to deliver the Products. The carrier will notify you of the delivery to the neighbouring/nearby address or pick-up point.
Shipment of orders will take place on business days, not being a public holiday in the area in which our warehouse is located. Deliveries will be made on business days, not being a public holiday.
For detailed information about delivery periods, please check the specifications for the different types of delivery on the Delivery section of our Website. Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation and you hereby waive your rights to claim. Notwithstanding this, in case of the unlikely event of delay in an Express delivery, we may, at our discretion, refund to you the full cost of Express delivery. This means that your complete order of Products will take longer to deliver.
Bio Vigor is entitled, insofar as reasonably possible, to make split deliveries so that you receive your Products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that we deliver in parts, we may charge you for extra delivery costs. Each split order shall constitute a separate contract of sale. If we are late delivering a part or one split order is faulty, that will not entitle you to cancel any other part of split order.
In the unlikely event that after entering into the contract of sale, we cannot, could not or can no longer deliver (part of) your order and are not responsible for this situation, we will be entitled to terminate the contract of sale. We will, of course, inform you as soon as reasonably practicable and reimburse any payments made.
2.12 Returns and Refunds
For information about Returns and Refunds, please go to Returns and Refunds section on our Website.
2.13 EXCHANGE POLICY
We do not exchange Products. If you wish to exchange a Product, you will need to return your purchase for a refund and place a new order. It is only possible to get a refund on returns when the return is in line with our Returns and Refunds Policy as stipulated in section 2.12.
2.14 DAMAGED OR DEFECTIVE PRODUCTS
For Bio Vigor, quality is paramount. We thoroughly test all our Products in real-life conditions to ensure they are fully capable of standing up to the uses for which they were designed. It is extremely rare for our Products to be damaged or defective.
Please note the life expectancy of any Product depends on the individual using the Product, the conditions of use, and the characteristic usage patterns of the user. Products that are damaged by normal wear and tear or that have exceeded the reasonable lifespan of the Product are not replaced. Please read more at our Returns page.
- USE OF THE WEBSITE
Please read these Terms and Conditions for website use (“Use of the Website Terms and Conditions”) carefully before using the Website and any Bio Vigor content on social media websites, including without limit Facebook, Instagram and Twitter (together: the “Website”). These Use of the Website Terms and Conditions apply to all visits and uses of the Website, as well as to the Content (as defined below), information, recommendations, products and services provided to you on or through the Website. By accessing and using the Website, you grant your consent to these Use of the Website Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the Website immediately.
3.1 CONTENT ON THE WEBSITE
All of the content featured or displayed on the Website, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Bio Vigor, its affiliated companies, its licensors or its content providers. All elements of the Website including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Bio Vigor, no portion or element of the Website or its Content may be copied or retransmitted via any means. The Website, its Content and all related rights shall remain the exclusive property of Bio Vigor, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.
3.2 COPYRIGHT AND TRADEMARKS
The copyright in all Content is and remains owned by Bio Vigor, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Website, you are authorised to view, play, print and download Content found on the Website for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of Bio Vigor. For purposes of these terms, the use of any such Content on any other Website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Website.
In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Bio Vigor. Bio Vigor does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Bio Vigor retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
All trademarks, service marks, logos and trade names which appear on products of Bio Vigor, product packaging and/or on the Website, whether registered or not (the “Trade Marks”) remain the exclusive property of Bio Vigor, its affiliated companies or its licensors (as appropriate) and are protected by applicable trademark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Bio Vigor’s prior written consent. The use of any of the Trade Marks on any other Website or network computer environment, for example the storage or reproduction of (a part of) the Website in any external internet Website or the creation of links, hypertext, links or deep links between the Website and any other internet websites, is prohibited without the express written consent of Bio Vigor.
3.3 DISCLAIMER OF WARRANTIES
The Website and the Content are free of charge and provided ‘as is’ and without any warranties of any kind. The information on the Website is for general information purposes only and does not constitute advice.
Bio Vigor does not represent or warrant that the information and/or facilities contained in the Website are accurate, complete or current, or that the Website or the server that makes the Website available are free of viruses or any other harmful components. Further, Bio Vigor will not provide for specific IT infrastructure or connectivity. Thus Bio Vigor cannot represent or warrant the Website will be uninterrupted or error free. Bio Vigor does not make any warranties or representations regarding the use of the Content on the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
3.4 LIMITATION OF LIABILITY
Your use of this website is at your own risk. Where conditions, warranties or consumer guarantees implied or applied by law cannot be excluded, Bio Vigor limits its liability, where it is entitled to do so: in respect of services, to the resupply of the relevant services or paying the cost of that resupply; and, in respect of goods, the repair or replacement of the relevant goods or paying the cost of that repair or replacement. Otherwise, to the maximum extent permitted by law neither Bio Vigor nor any of their employees, officers, directors nor any of their agents, contractors nor any other party involved in creating, producing or delivering this website or any Content shall be liable (and you hereby discharge the aforesaid entities from any and all liability) for any direct, indirect, special, consequential or other loss or damage to any person or entity, however caused (whether by negligence or otherwise) that results from the use of, or the inability to use, this website or Content or any other material or product provided to you via this website, including damage caused by viruses or any incorrectness or incompleteness of the information on this website, or relating to the performance of the products obtained via this website or otherwise arising out of or in connection with this website or the Terms and Conditions, even if Bio Vigor has been advised of the possibility of any such loss or damage.
3.5 LINKS TO THIRD PARTIES
3.6 MISUSE OF THE WEBSITE
You are prohibited from using the Website to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Bio Vigor may deny you access to the Website at any time in its sole discretion, and which shall include situations where Bio Vigor believes that your use of the Website is in breach of any of these Use of Website Terms and Conditions and/or applicable laws.
You are also prohibited from using the Website to advertise or perform any commercial solicitation.
You may not use any software, robot, crawler, spider, page scraper or any other automated means or device to (a) access, copy, affect or monitor any part of the Website or its content or circumvent the structure or presentation of the Website or any of its content or (b) to interfere with the operation of the Website or any transaction being made on the Website or interfere or affect any person’s use of the Website or to help facilitate any third party to purchase any product on the Website.
You may not attempt to gain unauthorised access to any part or feature of the Website or any system connected to the Website by hacking, password mining or other illegitimate or unauthorised means.
3.7 USER GENERATED CONTENT
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Website post to the Website or transmit using the Website (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, Bio Vigor shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that Bio Vigor only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. Bio Vigor shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall Bio Vigor be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of Bio Vigor. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep Bio Vigor and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Bio Vigor or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Website.
Bio Vigor reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which Bio Vigor believes is not in accordance with these Use of Website Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Bio Vigor.
You agree to promptly notify Bio Vigor in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) which breaches these Use of Website Terms and Conditions. You agree to provide to Bio Vigor sufficient information to enable Bio Vigor to investigate whether such User Generated Content (or other Content) breaches these Use of Website Terms and Conditions. Bio Vigor agrees to make good faith efforts to investigate such complaint and shall take such action as Bio Vigor in its sole discretion decides. However, Bio Vigor does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
3.8 UNSOLICITED IDEAS
Bio Vigor maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to Bio Vigor business whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to Bio Vigor. You should therefore not post any Materials on the Website or send these to Bio Vigor by e-mail or otherwise.
4.1 HOW CAN YOU CONTACT US?
If you have any questions or comments about the Website or the Bio Vigor Terms and Conditions or in the unlikely event that you wish to make a complaint please don’t hesitate to contact our Customer Service by clicking here.
In case of contradiction between Bio Vigor Terms and Conditions and any content contained in other parts of the Website or in links, Bio Vigor Terms and Conditions contained in this document prevail.
4.3 AMENDMENTS TO THE BIO VIGOR TERMS AND CONDITIONS
We reserve the right to make changes to these Terms and Conditions at any time at our sole discretion and without reference to you wherein you consent to the current Terms and Conditions applicable to you accordingly.
The use of this Website as well as any purchase agreement executed between you and us, will be subject to the version of the Bio Vigor Terms and Conditions in force at the time you place the order through this Website or the day you browse this Website (as applicable).
Please check the Bio Vigor Terms and Conditions periodically for changes.
4.4 DATA PROTECTION
By creating a global Bio Vigor single account or placing a purchase order, you understand that we may collect, use, store and process your personal data in accordance with our Privacy Statement.
Each provision of the Bio Vigor Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Bio Vigor Terms and Conditions.
4.6 SUB-CONTRACTING AND ASSIGNMENT
Bio Vigor reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under Bio Vigor terms and conditions provided that your rights under Bio Vigor terms and conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the Bio Vigor terms and conditions without our consent in writing.
4.7 EVENTS BEYOND REASONABLE CONTROL
Bio Vigor will be not held responsible for any delay or failure to perform or comply with our obligations under the Bio Vigor terms and conditions when the delay or failure arises from any cause which is beyond Bio Vigor’ reasonable control.
4.8 APPLICABLE LAW AND JURISDICTION
The Bio Vigor Terms and Conditions shall be governed by the laws of Malaysia. West Malaysia law applies to the sales contract.
Any dispute which may arise under these Terms and Conditions shall be under the exclusive jurisdiction of the Courts of Malaysia.