Terms and Conditions

Please read these Terms & Conditions carefully before using the website operated by BEST MOTION SDN BHD.

By accessing, browsing, registering an account, placing an order, or purchasing any Goods through our website, You acknowledge that You have read, understood, and agreed to be bound by these Terms & Conditions.

If You do not agree with any part of these Terms & Conditions, please do not use Our Service or place an order with Us.

1. Definitions

For the purposes of this Disclaimer:

  • “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Disclaimer) refers to BEST MOTION SDN BHD.
  • “Goods” refers to the items offered for sale on the Service, including but not limited to chairs, tables, sofas, armchairs, bed frames, furniture, home furnishings, and décor products.
  • “Orders” means a request by You to purchase Goods from Us.
  • “Service” refers to the BEST MOTION SDN BHD website, accessible from https://bestmotion.online/.
  • “You” means the individual accessing the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. Acceptance of Terms

By accessing or using Our Service, You agree to comply with and be legally bound by these Terms & Conditions.

These Terms & Conditions apply to all visitors, customers, users, and other persons who access or use Our Service.

We reserve the right to amend, update, or modify these Terms & Conditions at any time. Any changes will become effective when they are published on this page.

It is Your responsibility to review these Terms & Conditions periodically. Your continued use of the Service after any changes have been published constitutes Your acceptance of the revised Terms & Conditions.

3. Use of Our Website

You agree to use Our Service only for lawful purposes and in accordance with these Terms & Conditions.

You must not:

  • Use the website for any unlawful, fraudulent, or unauthorised purpose.
  • Attempt to gain unauthorised access to any part of the website, server, database, or related systems.
  • Interfere with or disrupt the operation or security of the website.
  • Introduce viruses, malware, harmful code, or other malicious material.
  • Copy, reproduce, distribute, modify, or exploit website content without Our prior written permission.
  • Use automated systems, bots, crawlers, or scraping tools to collect information from Our website without permission.
  • Submit false, misleading, inaccurate, or fraudulent information.
  • Use another person’s identity, account, or payment information without authorisation.

We reserve the right to suspend or terminate access to Our Service where We reasonably believe that You have violated these Terms & Conditions.

4. Product Information

We make reasonable efforts to ensure that product descriptions, images, specifications, dimensions, colours, materials, features, and other information displayed on Our website are accurate and up to date.

However, minor differences may occur due to:

  • Screen or monitor settings;
  • Lighting conditions when product photographs are taken;
  • Manufacturing variations;
  • Differences in materials, textures, or finishes; or
  • Updates to product specifications by manufacturers or suppliers.

Product images are provided for illustration purposes. The actual colour, texture, appearance, or finish of a product may differ slightly from what appears on Your screen.

We reserve the right to correct errors, inaccuracies, or omissions in product information at any time without prior notice.

5. Product Availability

All Goods displayed on Our website are subject to availability.

The availability of a product on the website does not guarantee that the product will remain available until You complete Your purchase.

We reserve the right to:

  • Limit the quantity of Goods available for purchase;
  • Discontinue any Goods;
  • Change product specifications;
  • Remove Goods from the website; or
  • Cancel an Order where the Goods are unavailable.

If We are unable to fulfil an Order due to product unavailability, We will notify You and, where applicable, provide an appropriate refund for any payment already made.

6. Orders

When You place an Order through Our Service, You are making an offer to purchase the selected Goods in accordance with these Terms & Conditions.

An Order is not considered fully accepted until We have confirmed the Order and, where applicable, received the required payment.

We reserve the right to refuse, cancel, or limit an Order for any reason, including but not limited to:

  • Product availability;
  • Pricing or listing errors;
  • Payment issues;
  • Suspected fraudulent activity;
  • Incorrect customer information;
  • Delivery limitations;
  • Technical errors; or
  • Violation of these Terms & Conditions.

If We cancel an Order after payment has been received, We will arrange an applicable refund.

7. Order Information

You are responsible for ensuring that all information provided when placing an Order is complete, accurate, and up to date.

This includes:

  • Full name;
  • Delivery address;
  • Contact number;
  • Email address;
  • Product selection;
  • Quantity; and
  • Payment information.

We are not responsible for delays, failed deliveries, additional delivery charges, or other issues caused by incorrect or incomplete information provided by You.

If You discover an error in Your Order information, You should contact Us as soon as possible.

8. Prices

All product prices displayed on Our website are subject to change without prior notice.

We reserve the right to correct pricing errors, typographical errors, or other inaccuracies.

Where a product has been listed at an incorrect price due to a technical or human error, We reserve the right to cancel the Order even if the Order has previously been confirmed.

If payment has already been made for an Order that is cancelled due to a pricing error, We will arrange an applicable refund.

Any applicable delivery charges, taxes, fees, or other charges will be displayed or communicated where applicable.

9. Payment

You agree to provide valid and accurate payment information when placing an Order.

Payment must be successfully completed before We are required to process or dispatch an Order, unless otherwise agreed by Us.

We may use third-party payment processors to process payments. Your use of such payment services may also be subject to the terms and conditions of the relevant payment provider.

We are not responsible for payment processing failures, delays, or errors caused by third-party payment providers.

We reserve the right to refuse or cancel transactions where fraudulent, suspicious, unauthorised, or illegal activity is suspected.

10. Delivery

We will make reasonable efforts to deliver Orders within the estimated delivery period stated on Our website or in Our Shipping Policy.

Estimated delivery times are provided for guidance only and may vary due to circumstances beyond Our reasonable control, including:

  • Courier or logistics delays;
  • Severe weather;
  • Public holidays;
  • Natural disasters;
  • Traffic or transportation issues;
  • Supplier delays;
  • Operational disruptions;
  • Incorrect delivery information; or
  • Other unforeseen circumstances.

For more information regarding delivery arrangements, please refer to Our Shipping Policy.

11. Delivery Inspection

Customers are advised to inspect the parcel and Goods carefully upon delivery.

If the Goods appear damaged, defective, incorrect, or materially different from the Goods ordered, You must contact Us within the period specified in Our Return, Refund and Exchange Policy.

Where required, You may be asked to provide photographs, videos, an unboxing video, Order information, or other supporting evidence.

12. Return, Refund and Exchange

All Goods sold by BEST MOTION SDN BHD are generally non-refundable and non-exchangeable except where the circumstances stated in Our Return, Refund and Exchange Policy apply.

These circumstances may include:

  • The wrong item was sent;
  • The Goods received do not match the specifications, description, features, or information advertised on Our website;
  • The Goods were damaged or defective upon delivery; or
  • The delivery exceeds the applicable delivery timeline stated in Our Shipping Policy.

All claims must be submitted within the period specified in Our Return, Refund and Exchange Policy.

You may be required to provide a clear and continuous unboxing video, photographs, Order details, and other supporting evidence.

For full details, please refer to Our Return, Refund and Exchange Policy.

13. Cancellation of Orders

Order cancellation requests should be submitted as soon as possible after placing an Order.

We cannot guarantee that a cancellation request will be accepted if the Order has already been processed, prepared, dispatched, or handed over to a delivery provider.

Where an Order can no longer be cancelled, the applicable Return, Refund and Exchange Policy will apply.

14. Furniture and Large Items

Certain Goods sold through Our Service may be large, bulky, heavy, or require special handling during delivery.

Customers are responsible for ensuring that the delivery location is reasonably accessible and suitable for receiving the ordered Goods.

You should ensure that:

  • There is sufficient access to the delivery location;
  • Doorways, corridors, lifts, stairways, and other access points are suitable for the size of the Goods;
  • The delivery area is prepared before delivery;
  • Any necessary building or management approval has been obtained where applicable.

We are not responsible for delays or additional costs resulting from access restrictions, inadequate space, narrow entrances, unsuitable delivery conditions, or restrictions imposed by building management or other third parties.

15. Assembly and Installation

Unless specifically stated otherwise on the product page or Order confirmation, product assembly or installation may not be included with the purchase.

Where assembly or installation services are available, additional charges or separate terms may apply.

Customers are responsible for following any assembly or installation instructions provided with the Goods.

We are not responsible for damage caused by incorrect assembly, improper installation, modification, misuse, or failure to follow the provided instructions.

16. Intellectual Property

All content available on Our Service, including but not limited to:

  • Product photographs;
  • Images;
  • Graphics;
  • Logos;
  • Brand names;
  • Text;
  • Product descriptions;
  • Website design;
  • Layout;
  • Icons;
  • Videos;
  • Software;
  • Source code; and
  • Other materials

is owned by or licensed to BEST MOTION SDN BHD or its respective content providers and is protected by applicable intellectual property laws.

You may access and use the website for personal and lawful purposes only.

You must not reproduce, modify, copy, publish, distribute, sell, license, or commercially exploit Our content without Our prior written consent.

17. User-Submitted Content

If You submit reviews, photographs, comments, feedback, testimonials, or other content to Our Service, You agree that the content must not:

  • Be unlawful, fraudulent, misleading, defamatory, or offensive;
  • Infringe the rights of another person;
  • Contain malicious software;
  • Violate privacy or intellectual property rights; or
  • Contain inappropriate or prohibited material.

By submitting content to Us, You grant BEST MOTION SDN BHD a non-exclusive, royalty-free right to use, reproduce, display, publish, and distribute such content for legitimate business, marketing, promotional, or website-related purposes, subject to applicable law.

We reserve the right to remove or refuse any submitted content at Our discretion.

18. Third-Party Links

Our Service may contain links to third-party websites or services that are not owned or controlled by BEST MOTION SDN BHD.

We are not responsible for the content, privacy practices, availability, security, or policies of any third-party website or service.

Your access to third-party websites is at Your own risk and may be subject to the terms and policies of those third parties.

19. Disclaimer

We provide Our Service and website content on an “as available” and “as is” basis, except where otherwise required by applicable law.

While We make reasonable efforts to maintain accurate information, We do not guarantee that:

  • The website will always be available;
  • The website will operate without interruptions;
  • The information displayed will always be completely accurate or error-free;
  • Product availability will always be guaranteed; or
  • The website will be free from viruses, malware, or other harmful components.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time.

20. Limitation of Liability

To the maximum extent permitted by applicable law, BEST MOTION SDN BHD shall not be liable for any indirect, incidental, special, consequential, or punitive loss or damage arising from or related to:

  • Your use or inability to use the Service;
  • Delays in delivery;
  • Product availability;
  • Third-party courier or logistics services;
  • Payment processing failures;
  • Website interruptions;
  • Unauthorised access or security incidents beyond Our reasonable control;
  • Incorrect information supplied by You; or
  • Any other circumstances beyond Our reasonable control.

Nothing in these Terms & Conditions shall exclude or limit any liability that cannot lawfully be excluded or limited under applicable law.

21. Indemnification

You agree to indemnify and hold harmless BEST MOTION SDN BHD, its directors, employees, representatives, agents, suppliers, and service providers from and against any claims, losses, liabilities, damages, costs, or expenses arising from:

  • Your violation of these Terms & Conditions;
  • Your misuse of the Service;
  • Your violation of any applicable law or regulation;
  • Your infringement of the rights of another person; or
  • Any inaccurate or misleading information provided by You.

22. Privacy

Your use of Our Service is also subject to Our Privacy Policy.

We may collect and process personal information that You provide when You browse Our website, create an account, place an Order, contact Us, or otherwise interact with Our Service.

We will handle personal information in accordance with Our Privacy Policy and applicable laws.

23. Force Majeure

We shall not be liable for any failure or delay in performing Our obligations where such failure or delay results from circumstances beyond Our reasonable control.

Such circumstances may include, but are not limited to:

  • Natural disasters;
  • Floods;
  • Fires;
  • Epidemics or pandemics;
  • War;
  • Terrorism;
  • Civil unrest;
  • Government actions;
  • Strikes;
  • Labour disputes;
  • Transportation disruptions;
  • Power or telecommunications failures;
  • Cybersecurity incidents;
  • Supplier failures; or
  • Other unforeseen events beyond Our reasonable control.

Where such circumstances occur, We will make reasonable efforts to minimise any disruption and resume Our obligations as soon as reasonably practicable.

24. Account Suspension and Termination

We reserve the right to suspend or terminate Your access to Our Service without prior notice where We reasonably believe that You:

  • Have violated these Terms & Conditions;
  • Have engaged in fraudulent or unlawful activity;
  • Have misused the website;
  • Have provided false or misleading information; or
  • Have otherwise acted in a manner that may harm the Company, Our customers, or Our Service.

Termination shall not affect any rights or obligations that arose before the date of termination.

25. Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms & Conditions, the Service, or any purchase made through Our website shall be subject to the applicable jurisdiction of the courts of Malaysia.

You agree to submit to the jurisdiction of the courts of Malaysia for the resolution of any dispute arising in connection with these Terms & Conditions, subject to any mandatory rights or remedies available under applicable law.

26. Dispute Resolution

If You have any concern, complaint, or dispute relating to an Order or Our Service, You should first contact Us directly at best.motion@outlook.com so that We may attempt to resolve the matter amicably.

We will make reasonable efforts to investigate and resolve legitimate complaints.

Where a dispute cannot be resolved through direct communication, the parties may pursue any remedies available under applicable Malaysian law.

27. Severability

If any provision of these Terms & Conditions is found to be invalid, unlawful, or unenforceable under applicable law, that provision shall be modified or removed to the minimum extent necessary.

The remaining provisions of these Terms & Conditions shall continue to remain valid and enforceable.

28. Waiver

Failure by BEST MOTION SDN BHD to enforce any provision of these Terms & Conditions shall not be considered a waiver of Our right to enforce that provision in the future.

Any waiver must be expressly provided by Us in writing.

29. Entire Agreement

These Terms & Conditions, together with Our Privacy Policy, Shipping Policy, and Return, Refund and Exchange Policy, constitute the entire agreement between You and BEST MOTION SDN BHD concerning Your use of Our Service and purchases made through Our website.

These Terms & Conditions supersede any prior agreements, communications, or understandings relating to the same subject matter, unless otherwise expressly agreed in writing.

30. Changes to These Terms & Conditions

We reserve the right to update or change these Terms & Conditions at any time.

Any updated version will be published on this page with the revised “Last Updated” date.

You are encouraged to review these Terms & Conditions periodically.

Your continued access to or use of Our Service after changes have been published constitutes Your acceptance of the updated Terms & Conditions.

31. Contact Us

If You have any questions, concerns, complaints, or enquiries regarding these Terms & Conditions, please contact Us:

BEST MOTION SDN BHD
Email: best.motion@outlook.com
Website: https://bestmotion.online/