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Terms & Conditions

1.          General

Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website also contains links to other websites, which are not operated by The Butterfly Gift Shop (the “Linked Sites”). The Butterfly Gift Shop has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

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. If you breach this provision, The Butterfly Gift Shop will report any such breach to the relevant law enforcement authorities and disclose your identity to them (if required by law/ legislation).

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

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 The Butterfly Gift Shop or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by The Butterfly Gift Shop and its licensors. 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 The Butterfly Gift Shop or its licensors. TheButterflyGiftShop.comTM is a trade mark belonging to The Butterfly Gift Shop. 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 The Butterfly Gift Shop.

5.          The Butterfly Gift Shop Community Areas

i. Registration

The Butterfly Gift Shop 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.

ii. Submission of material

By submitting any material to us, you automatically grant The Butterfly Gift Shop 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 The Butterfly Gift Shop is not obliged to publish any material submitted by you on any of The Butterfly Gift Shop 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).

iii. 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 The Butterfly Gift Shop.

The Butterfly Gift Shop reserves the right to delete any contribution, or take action against any of The Butterfly Gift Shop account, at any time, for any reason.

If you do not want to grant The Butterfly Gift Shop 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 The Butterfly Gift Shop you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. The Butterfly Gift Shop retains the right to refuse any request made by you. If your order is accepted we will inform you by email. 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.

i. Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this e-mail 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.

ii. 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 items 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.

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

iv. Discount Codes

1.     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.

2.     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 though this Website.

v. Sizing

Sizes of items vary from designer to designer. Please check the outlined measurements given in the description for more information.

7.          Delivery

For areas covered by Pos Laju/Skynet centres, delivery is made within the next working day after despatch of your order(s) to the selected courier company. For all other areas, delivery may take up to 2-3 working days. (Additional 1-2 working days may be required for delivery to East Malaysia).

We offer FREE local delivery within Malaysia for orders above RM200.

Do let us know if you want to pick-up the item(s) yourself to save the shipping costs. We can arrange for this once your order is confirmed.

Please email contact@thebutterflygiftshop.com for any information on deliveries.

8.          Returns and Exchanges

Refunds are not allowed. However, if the customer is unhappy with the purchase, the customer can return the items to The Butterfly Gift Shop within 7 days (for local orders) and 10 days (for international orders) and The Butterfly Gift Shop will issue a coupon/store credit of the item’s value. Only clothes that are unworn, unaltered, unwashed and in salable condition with returns label still attached can be returned to The Butterfly Gift Shop. Accessories including jewellery, scarves and hair accessories are non-returnable. Sale items and purchases made with discount coupons are non-returnable and non-exchangeable.

If the item returned is past the allowable date for returns and not deemed returnable, The Butterfly Gift Shop will notify the customer and customer will have to bear the full cost for re-delivery. If customer has not responded to the notification 10 days after delivery of notification, The Butterfly Gift Shop reserves the right to claim ownership of items and resell the items on TheButterflyGiftShop.com.

The Butterfly Gift Shop allows exchanges subject to availability. If the new wanted item is not available, The Butterfly Gift Shop will issue customer store credits of the exchanged item’s value. The cost of shipping will be borne by the customer.

For returns and exchanges, customers are advised to notify The Butterfly Gift Shop first at contact@thebutterflygiftshop.com quoting the order number and product details.

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 The Butterfly Gift Shop 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 The Butterfly Gift Shop’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 The Butterfly Gift Shop 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 The Butterfly Gift Shop.

12.        Indemnity

You agree to indemnify, defend and hold harmless The Butterfly Gift Shop from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

13.      Variation

The Butterfly Gift Shop 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 The Butterfly Gift Shop.

19.      Ethical Sourcing Policy

As a reputable and trusted business committed to offering its customers high quality products, The Butterfly Gift Shop recognizes its obligation to ensure that suppliers are operating ethically. We expect our suppliers to consistently provide an environment which protects their employees’ health and safety and basic human rights. All suppliers are expected to comply with their national employment laws and regulations with particular regard to:

o   Minimum age of employment

o   Freely chosen employment

o   Health and safety

o   Freedom of association and the right to collective bargaining

o   No discrimination

o   No harsh or inhumane treatment

o   Working hours

o   Rates of pay

o   Terms of employment

The Butterfly Gift Shop will never knowingly source stock from countries which are in breach of the above principles. We also look to our suppliers to instil these principles when dealing with their own supplier base.

Because of the sometimes complex nature of our suppliers’ supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of our products. However, as The Butterfly Gift Shop continues to grow it recognises the importance of being proactive and doing everything within its power to support the rights of those involved in the manufacture of its goods.

© 2016 The Butterfly Gift Shop. All Rights Reserved