Terms & Conditions
Welcome to the Quinton website (the “Site”). Kindly review these terms diligently before proceeding to place your order. Upon accessing the Site, you affirm your comprehension of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you are advised not to use this website. The Site reserves the right to change, modify, add, or remove sections of these Terms and Conditions of use at any time. Such changes will become effective upon being posted on the Site with no additional notice provided. We recommend that you regularly review these Terms and Conditions of use for updates. By continuing to use the Site after changes have been posted to these Terms and Conditions of use, you acknowledge and accept those modifications.
THESE TERMS AND CONDITIONS MAY CHANGE
Within the scope of Quinton reserves the right to update or modify these Terms and Conditions at any time, without prior notice. These changes will become effective on the Last Updated Date indicated in the revised Terms and Conditions. By continuing to utilize the Web Site or our mobile applications, you indicate your agreement to the updated Terms and Conditions. For this reason, we urge you to review these Terms and Conditions whenever you make purchases from us or utilize our Web Site or mobile applications.
You must be at least eighteen (18) years old to utilize the Web Site or our mobile applications. If you are below the legal age of adulthood in your state of residence (a minor), your parent or legal guardian must consent to these Terms and Conditions on your behalf, and you may only access and use the Web Site and our mobile applications with explicit permission from your parent or legal guardian.
Quinton welcomes your feedback regarding our Web Site. Nevertheless, any comments, feedback, notes, messages, ideas, suggestions, or other communications (collectively referred to as “Comments”) that you transmit to our Web Site will be and shall remain the exclusive property of Quinton. When you submit any such Comments, you are effectively assigning to Quinton all global rights, titles, and interests in all copyrights and other intellectual property rights associated with the Comments. Quinton will have the right to use, reproduce, disclose, publish, and distribute any material you submit for any purpose, without limitations and without providing compensation to you. Therefore, we kindly request that you refrain from sending us any comments that you do not intend to assign to us, including confidential information or original creative materials such as stories, product concepts, computer code, or original artwork.
You bear responsibility for your utilization of the Web Site and mobile applications, as well as for any usage of the Web Site or mobile applications carried out using your account. Our objective is to cultivate a positive, valuable, and secure user experience. To further this objective, we prohibit specific types of behavior that could prove detrimental to other users or to us. While engaging with the Web Site or mobile applications, you are prohibited from:
- Violating any law or regulation.
- Infringing upon, violating, or misappropriating the intellectual property, privacy, publicity, or other legal rights of other individuals.
- Posting or sharing content that is illegal, abusive, harassing, damaging to reputation, explicit, indecent, profane, obscene, hateful, racially discriminatory, or otherwise objectionable.
- Send unsolicited or unauthorized advertising or commercial communications, including spam.
- Engage in activities like spidering or harvesting, or participate in the utilization of software, including spyware, created to gather data from the Web Site or mobile applications.
- Transmit viruses or other computer instructions or technological mechanisms intended to disrupt, damage, or interfere with the operation of computers or related systems.
- Stalk, harass, or cause harm to another individual.
- Impersonate any person or entity, or engage in any other form of fraudulent activity, such as phishing.
- Employ any methods to scrape or crawl any Web pages within the Web Site.
- Making attempts to evade any technological measures established by us, our providers, or any other third party (including another user) to safeguard the Web Site or mobile applications.
- Endeavoring to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code employed to facilitate the provision of the Web Site or mobile applications.
- Advocating, encouraging, or aiding any third party in participating in any of the aforementioned activities.
The Web Site provides the functionality for you to upload, submit, store, send, or receive content and data (“User Content”). You continue to hold ownership of any intellectual property rights that pertain to the User Content you possess. When you upload, submit, send, or receive User Content through the Web Site, you grant us permission to utilize your User Content as follows: you provide us and our affiliates a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other improvements to enhance User Content’s compatibility with the Web Site), publicly perform, publicly display, and distribute your User Content. This license is granted for the specific objective of operating and enhancing the Web Site, crafting new products and services, and for additional Quinton marketing purposes. These purposes encompass, but are not restricted to, usage in catalogues, emails, and other customer communications, store materials, and various marketing materials. We may also exhibit advertisements related to your User Content, whether on pages where it is viewable by you or others, and we might utilize your User Content to advertise and endorse Quinton or the Web Site. Our license to your User Content is non-exclusive, allowing you the freedom to use the User Content for your own purposes or enable others to use it for their own needs. This license is fully paid and royalty-free, meaning we do not owe you any additional compensation for our use of your User Content. We have the right to exercise this license globally. Additionally, this license is perpetual, meaning our rights under this license continue even if you stop using the Web Site.
You assure that:
- You possess all rights to your User Content, or alternatively, you have the authority to grant us the rights mentioned earlier.
- Your User Content does not violate the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party.
- We retain the right to decline acceptance or transmission of User Content for any rationale. Additionally, we reserve the right to remove User Content from the Web Site for any grounds.
USE OF SERVICE VIA MOBILE DEVICE
If you utilize the Service via your mobile device, we may gather your geo-location information to aid us in processing your order. We will not disclose this information to third parties and will solely employ it for the purpose of fulfilling your order. You retain the ability to deactivate this location option at the device level, thereby preventing the Service from using your location, at any time. When utilizing the Service on your mobile device, we additionally gather details about your device type and UUID, which is a distinctive identifier generated within the App. This information is stored in log files. We employ this data to furnish you with the latest application updates and features, or to present you with advertisements or promotions for products and services that are relevant to your device type.
PRODUCT PRICING INFORMATION
The price of the Goods and/or Services on Quinton shall be the price specified on the website when the Buyer submits their purchase offer. This price excludes packaging and delivery costs, any applicable goods and services tax, value added tax, or similar taxes. The Buyer is responsible for paying these additional taxes to Quinton in addition to the stated price.
From time to time, we may provide exclusive promotions to our customers, which we commonly refer to as “special offers” or “special offer.” These promotions might encompass gifts with purchases, complimentary shipping, manufacturer incentives, or other promotional endeavors linked to product acquisitions. Please be aware that these offers may have a restricted time frame.
TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether they are registered or unregistered, pertaining to the Site, the informational content on the Site, and the overall website design, encompassing but not restricted to text, graphics, software, photos, videos, music, sound, and their arrangement, along with all software compilations and underlying source code, shall continue to be our ownership. The comprehensive contents of the Site are also safeguarded by copyright as a collective work under Malaysia’s copyright laws and international agreements. All rights are reserved.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be construed and governed by the laws currently in force in Malaysia. With the exception of the Arbitration section detailed below, both parties mutually consent to the jurisdiction of the courts within the jurisdiction of the Government of Malaysia and also agree to waive any objections related to the choice of venue.
Any controversies, claims, or disputes arising from or in connection with these Terms and Conditions will be referred to and ultimately resolved through private and confidential binding arbitration. This arbitration will be overseen by a single arbitrator and will take place in Malaysia, conducted in English, and governed by Malaysian law. The chosen arbitrator must possess legal training and expertise in the field of information technology in Malaysia, and should be impartial and independent from both parties. Nonetheless, it’s important to note that the Site retains the right to seek the protection of intellectual property rights and confidential information by means of injunctive or other equitable relief through the courts, despite the aforementioned arbitration process.
In addition to any other legal or equitable remedies, we reserve the right, without prior notice to you, to promptly terminate the Terms and Conditions or revoke any or all of the rights granted to you under these Terms and Conditions. Upon the termination of this Agreement, you must immediately cease all access to and use of the Site. Furthermore, we may, in addition to other legal or equitable actions, immediately revoke any password(s) and account identification issued to you, thereby denying your access to and use of the Site, either partially or entirely.
The termination of this agreement shall not impact the respective rights and obligations (including, but not limited to, payment obligations) of the parties that arose prior to the date of termination. You also acknowledge and agree that the Site shall bear no liability to you or any other individual due to any such suspension or termination. If you find the Site unsatisfactory or disagree with any terms, conditions, rules, policies, guidelines, or practices of Quinton Baby (M) Sdn. Bhd. (1340638-U) concerning the Site’s operation, your sole and exclusive recourse is to cease using the Site.
TERM OF USE
Within these Terms and Conditions:
- “Site” refers to the websites, social media networking platforms, applications, and/or accounts operating under the Quinton Baby (M) Sdn Bhd brand.
- “Quinton Baby,” “We,” or “Us” refers to Quinton Baby, a brand operated by Quinton Baby (M) Sdn Bhd (Company Number 201901031308 (1340638-U)) a company incorporated in Malaysia with its registered address at Pt11, Jalan Mahsan, Taman Industri Mahsan, Bahau Negeri Sembilan, Malaysia, under the domain Quinton.
- “Account” refers to a single registration account established for a Customer, housing the Customer’s information, including but not limited to name, address, identification number (NRIC/Mykad), telephone number, and any additional information that may be requested by Quinton for the purpose of registration.
- “Business Day” signifies a day(s) during which commercial banks are operational in Selangor, excluding Saturdays, Sundays, and public holidays.
- “Order” signifies the submission by you to the Site for the purpose of purchasing a Product from us.
- “Content” encompasses, but is not limited to, text, photographs, trademarks, music, artwork, computer code, visual interfaces, graphics, user interfaces, logos, and music. This includes, but is not restricted to, the design, selection, expression, “look and feel,” structure, and arrangement of the Content present on the Site.
- “Contract” denotes your Order of one or more Products in accordance with the provisions laid out in these Terms and Conditions.
- “Customer/Customers” or “You/Your” refers to any individual who places an Order and proceeds to purchase a Product from Quinton
2.0 THE AGREEMENT
The supply of Goods by Quinton to the Buyer under any Contract is contingent upon these Conditions, which will govern the Contract and take precedence over any other terms and conditions contained or referenced in any documentation provided by the Customer, or in correspondence, or elsewhere. This supersedes any implied terms through trade custom, practice, or course of dealing.
Any information presented on the Quinton regarding the supply of Goods, including photographs, drawings, data concerning delivery scope, appearance, performance, dimensions, weight, operational material consumption, operating costs, is non-binding and serves informational purposes exclusively. By entering into the Contract, the Customer acknowledges that it does not depend on, and relinquishes any claim based on, such representations or information that have not been explicitly confirmed.
No alteration to these Conditions will be legally binding unless mutually agreed upon in writing by the authorized representatives of the Customer and Quinton Baby.
Any typographical, clerical, or other errors or omissions in any quotation, invoice, or other documents or information published on the Quinton website shall be subject to correction without imposing any liability on the part of Quinton.
Quinton reserves the right to furnish the Customer with electronic documents, including but not limited to tax invoices, receipts, credit notes, debit notes, or any other pertinent documents.
3.0 PRODUCTS DESCRIPTION AND AVAILABILITY
Except for the provisions concerning warranties detailed in Section 6 below, while all images, photographs, or videos of the Products presented, displayed, showcased, broadcasted, and available on the Quinton are for illustrative purposes exclusively, Quinton will strive to ensure that all descriptions of the Products depicted on the site are as precise as possible. Although Quinton has exercised reasonable care in presenting accurate descriptions of the Products, the actual Products delivered might exhibit minor variations from those portrayed on the site. Such variations could be attributed to factors including, but not limited to, differences in web image quality, broadcast quality, packaging, redesign, and enhancements.
The availability of the Goods/Products showcased on the Quinton is contingent upon stock availability, and Quinton does not assure the availability of said Goods/Products. To ensure equitable access for all Customers, Quinton reserves the right to predefine maximum purchase limits for individual items per Customer. In cases where the requested Products are not available or are out of stock, Quinton will make diligent efforts to propose an alternative item that closely matches the original item in terms of price and type. In such circumstances, Quinton cannot be held responsible in any capacity for any outcome.
Additionally, Quinton retains the authority to execute special promotions, including offerings of free gifts or promotional items, at its sole discretion periodically. Such promotions are subject to terms established by Quinton.
4.0 TERMS OF PAYMENT
The Customer is eligible to make payments for the Goods using the diverse payment methods detailed on the Quinton website. The terms and conditions relevant to each payment method, as outlined on the Quinton website, will apply to the Contract.
In addition to any further stipulations provided within the Quinton website, the subsequent terms shall be applicable to the respective types of payment:
- Credit Card
The option to make payments via Credit Card is accessible to all Customers. Quinton acknowledges payments made using all Visa and MasterCard variants, encompassing both Credit and Debit cards, and offers 3D Secure functionality (Verified by Visa, and MasterCard Secure). Stringent encryption standards safeguard all credit card information, ensuring security. It’s important to note that additional charges may apply if you are utilizing a non-Malaysian issued card due to Foreign Exchange considerations.
- Debit Cards
Bank Islam, CIMB Bank, Hong Leong, Maybank, Public Bank, RHB.
Quinton accepts all Malaysian Visa and MasterCard debit cards, contingent upon the availability determined by the respective banks. Stringent encryption standards are employed to safeguard all debit card numbers.
- Online Banking
- Opting for this payment method entails the Customer transferring the payment for the Goods to a designated Quinton bank account. This transfer should account for the entire purchase amount, including applicable taxes, fees, and shipping costs. The transaction must be conducted in Ringgit Malaysia. Quinton reserves the right, at its sole discretion, to decline this payment method for any individual or user without prior notice and for any reason, at any given time.
- Currently, Quinton accepts online bank transfers from the following banks: AmBank, Bank Islam, CIMB Bank, Hong Leong, Maybank, Public Bank, RHB.
5.0 SHIPPING AND PROCESSING
The shipping and processing charges imposed by Quinton serve to offset the costs involved in processing your order, as well as in handling, packaging, and delivering the products you have chosen. We encourage you to delve into the comprehensive information available on our website regarding these shipping and processing fees.
- (i) Our objective is to dispatch the Goods/Products to the designated delivery location you have specified in your Order, adhering to the delivery time frame stated by us during the checkout process of your order (as reiterated in the Order Confirmation).
- (ii) In the event that we anticipate being unable to adhere to our estimated delivery date, we will duly inform you. However, within the bounds of legal provisions, we shall not assume liability for any losses, liabilities, costs, damages, charges, or expenses arising from delayed delivery.
- (iii) For acknowledgment of Goods/Products receipt, Customers may be required to sign during the delivery process. Should any faults, defects, or damages arise, you can reach out to Quinton Customer Service Team at +60 123836148 or via email@example.com. If requested, you should be prepared to furnish the relevant documents accompanying the delivered Product.
- (iv) Please be aware that certain locations may not be viable for delivery. In such cases, we will promptly notify you using the contact details provided during the Order placement. We will then work with you to either cancel the Order or arrange an alternate delivery address.
- (v) Our deliveries are conducted using standard packaging.
- (vi) Upon delivery, all risks associated with the Product are transferred to you. However, in instances where delivery is delayed due to a breach of your contractual obligations, the risk shifts when the delivery would have normally taken place, had there been no breach. Once the risk is vested in you, we hold no liability for Product loss or destruction. Any violation of your obligations may impact your future shopping ability on Quinton.
- (vii) In the event you are unavailable for delivery or collection, a card with instructions for re-delivery or collection from the carrier may be left for you.
- If undue delay in delivery or collection is caused by your unreasonable refusal or non-acceptance of delivery within one week from our initial attempt, we reserve the right to:
- Impose charges for any applicable fees and costs incurred;
- Decide to discontinue making the Product available for delivery or collection. We will duly notify you of the immediate cancellation of the relevant Contract. In such a case, we will refund to you or your credit/debit card provider, as applicable, any funds already paid to us under the Contract. This refund will be subject to reasonable administration charges, including those related to the attempted delivery and return of the Product, along with any storage fees as stipulated in clause (viii)(a) above.
6.0 MISTAKEN ORDERS
If you realize that you have made an error with your Order after submitting it on the Site, kindly reach out to firstname.lastname@example.org without delay. We will make every effort to address your request promptly.
7.0 REFUSAL OF ORDER
Quinton has the right to remove Products from this Site and edit its content. While we aim to process all Orders, there might be cases where we have to decline an Order even after confirming it. If we cancel your Order and you’ve already paid, we’ll refund you in full.
Quinton isn’t liable if we remove a Product, change Site content, or refuse to process an Order, whether or not a Product has been sold.
8.0 CANCELLATION BY CUSTOMER (NON-FAULTY PRODUCT)
All Product descriptions, information, and materials on this Site are provided “as is” and without any express or implied warranties. Product images on the Site may slightly differ from the actual Product you receive.
If you receive a faulty item, please contact our Customer Service Team with your Order number, name, address, Product details, and reason for return. Let us know if you want a refund or replacement. Once we receive the Products, we’ll assess them and notify you about the replacement or refund status via email. Quinton reserves the right to decline a replacement/exchange but may offer a refund instead.
If the returned Product isn’t faulty, we may decide not to repair, replace, or refund it. In that case, you might need to pay for courier and servicing costs based on our standard fees. We’ll charge these costs to your provided payment method. We won’t be responsible for any resulting losses, liabilities, costs, damages, charges, or expenses according to the law.
9.0 INACCURACY DISCLAIMER
At times, our website or catalog might contain mistakes, inaccuracies, or omissions in product descriptions, prices, or availability information. Quinton has the authority to rectify such errors, inaccuracies, or omissions and modify information without prior notice, even if you’ve already placed an order. If you opt not to proceed with your purchase due to corrected pricing or information, kindly contact us promptly. We’ll assist you in canceling or returning your order.
DISCLAIMER OF LIABILITY
This website, our mobile applications, and all the content available on them are provided “as is” and “as available,” without any warranties of any kind, whether express, implied, statutory, or otherwise. These include warranties of title, merchantability, non-infringement, or fitness for a particular purpose. This applies to the fullest extent permitted by applicable law. By using this website or our mobile applications, you acknowledge and agree that your use is at your own risk. You are responsible for any costs associated with equipment servicing or repairs needed for your use. Quinton and its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, and licensors (“affiliates”) shall not be liable for any damages related to your use of this website or our mobile applications.
To the fullest extent allowed by applicable law, Quinton and its affiliates do not make any representations or warranties regarding the accuracy or completeness of content available on or through the website or mobile applications, or the content of any linked websites or integrated online services. Quinton and its affiliates will not be liable for: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from using the website or mobile applications; (c) unauthorized access to servers or personal information; (d) interruption of transmission to or from the website or mobile applications; (e) bugs, viruses, trojan horses, or similar issues transmitted by third parties through the website or mobile applications; or (f) any loss or damage resulting from the use of posted or shared content on the website or mobile applications. This applies to the fullest extent permitted by applicable law.
To the fullest extent allowed by applicable law, Quinton and its affiliates will not be liable to you or any third party for any indirect, special, incidental, punitive, or consequential damages arising from or related to the website or mobile applications, regardless of the cause of action or theory of liability (including contract, negligence, or tort), even if advised of the possibility of such damages.
Certain jurisdictions may not permit the exclusion of specific warranties or the limitation or exclusion of liability for damages. Consequently, some of the aforementioned limitations and disclaimers may not be applicable to you. If, by virtue of applicable law, we cannot disclaim a warranty or limit liability, our warranty’s scope and duration and our liability’s extent will be the minimum allowed by such law.
You agree to protect, defend, and hold Quinton, its directors, officers, employees, consultants, agents, and affiliates harmless from any claims, liability, damages, and costs (including legal fees) brought by third parties due to your use of this Site or your violation of the Terms and Conditions.
PERSONAL DATA PROTECTION
Quinton will not be held liable to the Buyer or considered to have breached the Contract if there is a delay in performing or failure to perform any of Quinton’s obligations due to causes beyond Quinton‘s reasonable control. Without limiting the scope, the following will be considered as causes beyond Quinton‘s reasonable control:
- Strikes, lock-outs, or other labor disputes.
- Civil unrest, riots, invasions, terrorist attacks, or threats of terrorist attacks, war (declared or undeclared), or preparations for war.
- Fires, explosions, storms, floods, earthquakes, subsidence, epidemics, or other natural disasters.
- Inability to use transportation methods such as railways, shipping, aircraft, motor transport, or other public or private means.
- Inability to use public or private telecommunications networks.
- Governmental actions, decrees, legislation, regulations, or restrictions, shipping-related issues, postal disruptions, or transport strikes, failures, or accidents.
Any communication that needs to be provided by either party to the other under these Conditions should be in written form and directed to the registered office or primary place of business of Quinton. If directed to the Consumer, it should be sent to the address specified in the applicable purchase offer.
HYPERLINKS TO OTHER WEB SITES
Our Web Site may include links to external services and resources whose availability and content are beyond the control of Quinton. If you have any concerns about these services, resources, or the links to them, please address them directly with the specific outside service or resource.
THIRD PARTY FEATURES
These Terms and Conditions, along with any Contract and non-contractual obligations related to them, will be governed and interpreted according to Malaysian law. Both Quinton and you agree to the non-exclusive jurisdiction of the Malaysian Courts. All communications and interactions between us will be conducted in the English language.
Quinton retains the right to modify these Terms and Conditions at any time. Any changes will be posted on the website. However, using the Site after changes implies your acceptance of the updated Terms and Conditions.
By placing an Order on the Site, you acknowledge that you do so under the existing Terms and Conditions at the time of submission. It’s your responsibility to review the latest Terms and Conditions each time you place an Order.