TERMS & CONDITIONS

  1. Introduction

Welcome to the www.theaccidentalbakers.com website (the "Site"). The Terms & Conditions (the “Agreement”) is to protect the rights of the member, non-member as well as the company, to provide the obligations of all of the parties regarding to the matters between persons trading products or services with each other, rights and obligations and other responsible matters between the Members and the Company and the procedures for the use of the service by the Members, etc., in relation to the use of the e-commerce related services provided by www.theaccidentalbakers.com (hereinafter refer to as “The Accidental Bakers”)

By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

  1. Definitions
    •  "Personal data" refers to any information which relates directly or indirectly to you. This includes any information which can be used to identify or contact you.
    • "Account" refers to a one-time registration account created for a Customer containing the information of the Customer including without limitation name, address, identification number (NRIC/Mykad), telephone number and/or such other information as may be requested by The Accidental Bakers for purposes of registration.
    • "The Accidental Bakers", "We", "Us", "the company" refers to THE ACCIDENTAL BAKERS (Company Number 201403085776) a company incorporated in Malaysia and having its registered address at 10-1, Jalan Sri Hartamas 8, Sri Hartamas 50480 Kuala Lumpur, Malaysia which operates the online shopping or e-commerce business that offers Products for sale at the SITE.
    • "Business Day (s)" refers to a day (s) on which commercial banks are open for business in Kuala Lumpur (other than Saturdays, Sundays and public holidays).
    • "You", "Your", "User" refers to member and non-members who use the services and products on The Accidental Bakers.
    • "Order" refers to any order submitted or placed by a member to The Accidental Bakers online on the SITE.
    • "Products", "Services" refers to any products and services provided on The Accidental Bakers in monetary consideration.
    • "THE SITE" refers to the online shopping platform www.theaccidentalbakers.com and/or any mobile applications/mobile interfaces applications/apps and the services provided by The Accidental Bakers for the users of THE SITE to purchase the Products uploaded, showcased and displayed on THE SITE.
    • "ID" refers to alphabets, numbers or certain combination of alphabets and numbers selected by the Member and registered by the Company for the identification of the Member.
    • "Password" refers to any combination of alphabets and numbers selected by the Member and registered to the Company for the purpose of confirming the identity of the Member and protecting confidential information.
    • "Buyer" refers to any User who purchases the Products . The right to purchase is granted to both the General Members and Non-Member.
    • "Member" refers to any person who registered as a member on The Accidental Bakers by providing the necessary basic information and who is able to obtain services and products provided by The Accidental Bakers
    • "Credits" refers to the shopping rewards the buyer gets from company when they registered as a member and when they make the purchase on The Accidental Bakers site.
    • "Review", “Comment” refers to any writing, image, clip, etc., containing a comprehensive review of the Products posted after the purchase of the Products.
    • "Payment Confirmation" refers to the notification email with a tracking number, order reference number and details of the purchase which will send to buyers once the payment has been received. 
  2. Eligibility
  • Any person is eligible to sign up as a member where the person is at the age of 18. Each person is only entitled to one (1) membership account with email authentication for which personal identity has been confirmed.
  1. Prohibitions
    • You must not misuse this Site. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Site 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 propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Site. Any breach of this provision would constitute an offense under Section 233 of the Communications and Multimedia Act 1998. In the event such breach occurs, Company will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.
    • If you see a listing that violates our policies, please report it to us by contact us at iwantcake@theaccidentalbakers.com 
  2. User Agreement
    • These Terms and Conditions shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. These Terms and Condition constitute the entire agreement between you and Company and supersede all preceding and contemporaneous agreements between us.
    • You acknowledge that, in entering this Contract, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms and Conditions, except as expressly stated in the Terms and Conditions. 
  3. License and Access 
  • Upon agreeing to this Agreement, the Company shall grant the member a personal, non-exclusive, non-transferrable, and limited privilege to enter and use the Website subject to the member’s compliance with this Agreement. This does not include any resale or commercial use of Our Service, or contents; any collection and use of any products listings, descriptions, or prices; any derivative use of any of the Company’s Service or its content; any downloading copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to the Member in this Agreement are reserved and retained by the Company or its licensors, suppliers, publishers, rights holders, or other content providers. The Company’s services shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. A member shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use the Company’s Service only as permitted by law. The Company reserves the rights to terminate any membership if any member fails to comply with the terms.
  1. Price and Payment
  • Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Site are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products 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 your Order before we have shipped it to you, and you have already paid for your Order, you will receive a full refund.
  • Where applicable, prices are in Malaysian ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.
  • We are under no obligation to fulfil your Order if the price listed on the website is incorrect (even after your Order has been acknowledged by us).
  • You will need to pay through our payment partners - IPay88. Wholesale and recommended retail prices may fluctuate due to market forces and we reserve the right to alter them periodically.
  1. Payment method
  • We support the payment gateway of IPay88 as it is fast, simple, and safe. It supports various of credit cards and e-banking payment source.

      9. Mistaken Orders

  • If you discover that you have made a mistake with your Order after you have submitted it to the Site, please drop us an email immediately to iwantcake@theaccidentalbakers.com We will try our best to process your request.
  1. Refusal of Order
    1. We reserve the right to withdraw any Products from this Site at any time and/or remove or edit any materials or content on this Site without prior notice. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
    2. If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.
    3. We will not be liable to you or any other third party by reason of our withdrawing any Product from this Site, whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept an Order. 

   11. Delivery

  • Shipping fee is the fee of transporting items from one location to another. It is charged based on the price quoted by our third party delivery service, Lalamove.
  • Delivery Lead Time
    • All the orders will only be processed upon full payment, selected time and date.
    • All the orders will only be processed upon full payment received.
  • Delay in Delivery 
    1. Delays in delivery may occur due to unforeseen circumstances such as natural disasters, weather conditions, heavy traffic, customers who are unavailable to accept the delivery, wrong delivery address, unfortunate rider accident and courier internal problems.
    2. If The Accidental Bakers has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall be entitled, by serving written notice on The Accidental Bakers, to demand performance within a specified time thereafter, which shall be at least 14 days. If The Accidental Bakers fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract in respect of the undelivered Goods and claim for refund or re-delivery. 

12. Warranty

  • All the products may or may not applicable with warranty. The applicable warranty will be stated in product’s details, if there’s no warranty written in product details, it means there is no warranty applicable to the product.

13. Force Majeure

  • The Company shall not be liable to Member for any breach for any reason of any delay in performing or failure to perform any due to any cause beyond our reasonable control, including but without limitation to acts of God, explosions, flood, acts of restriction, regulations, by-laws, or measures of any kind on the part or governmental parliamentary or local authority, import or export regulations or embargoes, riot, terrorist attack, threat or preparation for war, interruption of production or operation line, difficulties in obtaining raw materials, labour shortage, fuel parts, or machinery breakdown etc.

14. Miscellaneous 

  • No provisions of this Terms and Condition shall be waived except pursuant to a writing executed by the party against whom the waiver is sought, no failure to exercise, partial exercise of, or delay in exercising any right, remedy, or condition. No party hereto can assign, delegate or transfer any rights or obligations under this Agreement to a third party without a written consent of the other party. Member may not assign, transfer, or sublicense any of your rights or obligations under these Terms and Conditions without the Company’s express written consent. The Company will not be responsible for failure to fulfill any obligation due to causes beyond our control. Words importing the singular number shall include the plural number and vice versa. Words importing the masculine gender only shall include the feminine and neuter genders. This Agreement is governed by the Malaysia Law.

15. The Accidental Bakers Guarantee

  • The Accidental Bakers shall perform its obligations under these Terms and Conditions with reasonable skills and care. We place great value on our Customer satisfaction. You may contact us at any time using the contact email iwantcake@theaccidentalbakers.com. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant inquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an inquiry or complaint.
  • In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Order number that we assign you in the Order Confirmation. In rare cases, your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. Should you not have received any response from us within two (2) Business Days, please make further inquiries.

16. Governing Laws

  • These Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Malaysian Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Malaysian Courts. All dealings, correspondence, and contacts between us shall be made or conducted in the English language.

17. Amendments and/or Variation of the Terms and Conditions  

  • Notwithstanding any clause stated herein, the company is entitled to amend and/or vary the terms and conditions from time to time without any prior notice to the user. The Member shall be considered as accept and agree to the amended terms and condition in the circumstances that the user continues to visit Company. The Company shall not be responsible for any damages suffered or sustained by any Members or Users in relation to their failure to read the information on the amended Terms and Conditions. Continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions. Any members reserve the rights to withdraw from membership in the event of disagree to the amended Terms and Conditions.
  • When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order