Terms and Conditions
Last Updated: 2024-03-21
Welcome to The Black Bow, where we dedicate ourselves to crafting an exceptional shopping journey tailored just for you. We are devoted to ensuring that your experience with us is nothing short of relaxed and enjoyable.
These Terms and Conditions ("T&Cs") govern your use of www.theblackbow.com.my ("the Site"), which is operated by us. They outline the terms and conditions under which we provide products and services to you. We kindly ask that you peruse these T&Cs before navigating the Site. By using the Site, you acknowledge that you have thoroughly read and comprehended these T&Cs and willingly consent to be bound by them.
1. Introduction
We are The Black Bow (“Company”, “we”, “our”, “us”), a company registered in Malaysia, with registration number JM0695273-A.
You can contact us by writing to us at postmaster@theblackbow.com.my.
2. Accessing and Using the Site
By using our Site, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at postmaster@theblackbow.com.my.
You must be 18 years of age or older in order to access and/or use the Site.
You also agree not to copy or distribute any part of the Site in any medium without our prior written authorization.
3. Orders and Purchases
Suppose you wish to purchase any product or service made available through the Site (“Purchase”). In that case, you agree to provide current, complete and accurate purchase and account information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, your contact number, your birthday, and your shipping information.
We may employ the use of third-party services to facilitate payment and the completion of Purchase. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
4. Products
We make every effort to display as accurately as possible the colors, features, specifications and, details of the products available on the Site. However, we do not guarantee that the colors, features, specifications and, details of the products will be accurate, complete, current and free from errors, and your electronic display may not accurately reflect the actual colors and details of the products.
Minor variations in measurement (within 3 cm or 1.18 inches) are not considered a defect.
All products are subject to availability, and we cannot guarantee the items will be in stock. If the purchased item is out-of-stock, a refund will be arranged.
We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
5. Order Fulfilment and Delivery of Item(s)
We offer both preorder and ready stock items on the Site. If you purchase the preorder item, you agree to allow a minimum of 12 to 16 days for us to hand over the item to our local logistic partner. In some cases, a delay in order fulfillment might happen due to logistic or manufacturing issues, in such cases, we do not guarantee that a refund or cancellation of the item will be conducted if you want to cancel the order.
For ready stock item, we will hand over the item to our local logistic partner in 1 to 2 working days.
For orders consisting of both preorder and ready stock item, you agree that the order will be handed over to courier in a minimum or 12 to 16 days, by default.
Our logistic partner will be delivering the product to the address specified by you in your order.
Any delivery dates stated during the order process are estimates only.
6. Returns, Refunds & Exchange
We accept returns for items that are in their original condition, whereby unworn, unwashed, unaltered and with their tags intact.
Purchase of sale items, intimates, accessories, and bags are final and cannot be returned or exchanged.
For return, you have to fill in the Return Form and send it to us at postmaster@theblackbow.com.my . Then pack your returned item(s) with its original packing material. You have to ensure that the returned parcel is packed and sealed properly.
We provide one-time size exchange to the same design, or a refund in store credit with a processing fee applied, after less any discount or store credit applied during the Purchase. The returned item has to reach us within 20 calendar days for Malaysia and Singapore customers, or within 30 calendar days for other overseas customers, from the date the customer received the purchased item (the date whereby the delivery is successful according to the courier tracking).
You are responsible for the postage costs of the returns. All return procedures shall be dealt via mailing only. The Black Bow reserves the right to reject a return, refund, and/or exchange if the returned item does not meet the requirements for returns stated above. You are responsible for the item until it reaches us.
All refunds of returned items will be made only in the form of store credit.
For wrong item or defect, you may email us at postmaster@theblackbow.com.my with your order number, and a photograph of the item.
For more complete info, please view our Return & Exchange Policy here.
7. Prohibited Uses
You may use the Site only for lawful purposes and in accordance with Terms. You agree not to use the Site:
7.1 In any way that violates any applicable national or international law or regulation.
7.2 For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
7.3 To transmit, or procure the sending of, any advertising or promotional material, including any“junk mail”, “chain letter,” “spam,” or any other similar solicitation.
7.4 To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
7.5 In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
7.6 To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm or offend Company or users of the Site or expose them to liability.
Additionally, you agree not to:
7.7 Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site.
7.8 Use any robot, spider, or other automatic device(s), process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
7.9 Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
7.10 Use any device, software, or routine that interferes with the proper working of the Site.
7.11 Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
7.12 Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
7.13 Attack Service via denial-of-service attack or a distributed denial-of-service attack.
7.14 Take any action that may damage or falsify Company's rating.
7.15 Otherwise attempt to interfere with the proper working of the Site.
8. Analytics
We may use third-party Service Providers to monitor and analyze the use of our the Site.
9. No Use By Minors
The Site is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using the Site, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Site.
10. Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with the Site or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
11. Intellectual Property
The Site and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of The Black Bow and its licensors. The Site is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of The Black Bow.
12. Indemnities
You agree to defend, indemnify and hold us and our partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives harmless from and against any claim, loss, damage, liability and demand including reasonable attorneys’ fees and expenses, arising out of: (i) use of the Services; (ii) breach of these Legal Terms; (iii) any breach of your representations or warranties set forth in these Legal Terms; (iv) your violation of the right of a third-party, included but not limited to intellectual property rights; or (v) any overt harmful act toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
13. Error Reporting and Feedback
You may provide us either directly at postmaster@theblackbow.com.my or via third-party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to the Site (“Feedback”). You acknowledge and agree that:(i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to theFeedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
14. Links To Third Party Sites
The Site may contain links to third-party websites or services that are not owned, operated or controlled by The Black Bow, including third party payment system providers.
The Black Bow has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.
We encourage you to read the terms of service and privacy policies of any third-party web sites or services that you visit.
15. Disclaimer Of Warranty
These services are provided by company on an “as is” and “as available” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.
Neither company nor any person associated with company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither company nor anyone associated with company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.
Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
16. Limitation Of Liability
Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorney's fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or othertortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.
17. Termination
We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using the Site.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
18. Governing Law
These Terms shall be governed and construed in accordance with the laws of Malaysia, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of theseTerms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
19. Changes To Service
We reserve the right to withdraw or amend our the Site, and any service or material we provide via the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
20. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use the Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
21. Waiver And Severability
No waiver by Company of any term or condition set forth terms shall be deemed a further or continuing waiver of such term or conditionor a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
22. Loyalty Program
If you participate in the loyalty program, you may collect and redeem your rewards shop online at the Site. You may refer to here for the points and reward structures.
If you participate in the loyalty program, you agree to the following:
22.1 Your points and rewards have no cash value and may not be exchanged for cash.
22.2 Your points and rewards cannot be transferred, brought, sold or in any way traded.
22.3 You can check your points and rewards on your online account. In case of any inconsistency between the membership points reflected in your account and our internal records, the latter shall prevail.
22.4 All points will be auto-refreshed on April 1 of every year. Points earned in a year will all expire on the mentioned date.
22.5 Points are earned based on the payable amount from the Purchase, but do not include store credits, delivery charges and shipping fee.
22.6 Points or credits cannot be used for the payment of delivery charges or shipping fee.
22.7 We reserve the right to change, modify, terminate, discontinue or cancel the program at any time and in our sole discretion. Any changes, modifications or termination or any part of the program or its terms will be effective upon publications of those changes on the Site. However, we do not have obligation to update the change of information via other channels.
23. Store Credit
Store credit in your The Black Bow online account can be redeemed during your next purchase on the Site before its expiry. Store credit is non-refundable, non-extensible and non-transferable. Store credit cannot be used to pay for the delivery charges and shipping fee.
24. Contact Us
Please send your feedback, comments, requests for technical support by email: postmaster@theblackbow.com.my.