Terms and conditions of use ("TOS")

Welcome to Boutique38.com, your trusted online boutique from Malaysia. BOUTIQUE38.COM's website ("Site") and related services are made available to you pursuant to the following Terms of Use & Service ("TOS") and any other rules posted on our website. Please read the Terms of Use carefully before placing any orders on BOUTIQUE38.COM. We recommend you should keep a copy of the Terms of Use for future reference.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16, you must let your parent or guardian know about BOUTIQUE38.COM's Privacy Policy before you register to use this Site or any of this Site's services. We reserve the right to only accept orders from those over 18 however.

We may modify the Terms of Use from time to time. Please read the Terms of Use and check back often. If you do not agree to any change to the Terms of Use, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law.

REGISTRATION
To use some of the services or features made available to you on this Site, you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address custcare@boutique38.com. You may also want to view our Privacy Policy. We may change registration requirements from time to time.

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ELIGIBILITY TO PURCHASE
In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the BOUTIQUE38.COM terms of eligibility, who have been issued a valid credit card by a bank acceptable to BOUTIQUE38.COM, whose applications are acceptable to BOUTIQUE38.COM and who have authorised BOUTIQUE38.COM to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. BOUTIQUE38.COM reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where BOUTIQUE38.COM feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions. Please refer to our Privacy Policy for further information about how we use your data.

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ORDERS
All orders are subject to acceptance and availability.

BOUTIQUE38.COM offers products for sale that are in stock and available for dispatch from our distribution center. However, please be aware that we may be unable to deliver selected merchandise due to unforeseen problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the payment to your credit card within thirty days of being advised that merchandise has become unavailable.

Please note that items in your shopping basket are not reserved and may be purchased by other customers.

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COLOUR DISCLAIMER

BOUTIQUE38.COM firmly believe that all customers who order online are aware that colours seen on a monitor will be slightly different as compared to the actual outfits ordered. A slight variation in the shade selected by you is considered as a normal practice as these garments have a tendency to reflect different shades of a colour under different light and weather. We wish to clarify and ascertain that every customer who orders any outfit from BOUTIQUE38.COM is aware of this genuine problem.

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PRICING POLICY
All prices and offers remain valid as advertised from time to time. The price of a product displayed on the Site at the time the order is accepted will be honoured.

These prices are subject to change before your order is accepted or the items are subject to markdowns at any time during the selling period.

 Import duty or tax costs will be borned by you directly, we recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

If you are a customer whose credit card is not denominated in MYR or Malaysian Ringgit, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.

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ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and BOUTIQUE38.COM will be completed when we email you to confirm the goods have been despatched. The sale contract is therefore concluded.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms Of Use.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

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PAYMENT
Payment can be made by Visa, MasterCard cards and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by BOUTIQUE38.COM. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to BOUTIQUE38.COM, we will not be liable for any delay or non-delivery.

We take all reasonable care to make our Site secure. All credit card transactions on this site are processed using iPAY88, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered BOUTIQUE38.COM user, we will securely store your credit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, simple and secure, BOUTIQUE38.COM uses Secure Socket Layer (SSL) technology.

Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

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DELIVERY
We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by BOUTIQUE38.COM and transfer of responsibility in the same way.

Please note that we aim to dispatch all orders within 5 days. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, BOUTIQUE38.COM are not responsible for any delays caused by destination customs clearance processes. Please check out our Delivery and Returns Policies page for further details.

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TRACKING YOUR ORDER
You can check the current status of your shipment by signing into your account and selecting ORDER STATUS. Simply type in your unique airway bill number which we emailed to you, and we will track your shipment for you.

BOUTIQUE38.COM will store a record of your transactions for a minimum of one year.

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YOUR ACTIVITY
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

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THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than BOUTIQUE38.COM, including advertisers. BOUTIQUE38.COM has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

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LIMITS ON OUR LIABILITY
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events which beyond our reasonable control.

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COMPENSATION
At our request, you agree to compensate us fully, defend us and hold us BOUTIQUE38.COM harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms of Use and Service by you including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

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NO WAIVER
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

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GOVERNING LAW
The TOS together with all our policies and procedures will be governed by and construed in accordance the relevant Malaysian law and the relevant courts of the Malaysia will have exclusive jurisdiction.

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