Last updated 1 December 2023.

Agreement To Our Legal Terms

We, Wunderkind Sdn Bhd (‘Company‘, ‘we‘, ‘us‘, or ‘our‘), a company registered in Malaysia at No 2, Lorong Jati, Batu 34 Jalan Johor, 8200 Pontian, Johor.

We operate the website https:/masbaby.com.my (the ‘Site‘), as well as any other related products and services that refer or link to these legal terms (the ‘Legal Terms‘) (collectively, the ‘Products‘).

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you‘), and the company, concerning the sales of our Products to you. You agree that by ordering any of our Products, you have agreed to be bound by all of these Legal Terms. A Contract is established between you and the company once you place an order of our products from the Site.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the ‘Last updated’ date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Site after the date such revised Legal Terms are posted.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Site.

We recommend that you print a copy of these Legal Terms for your records.

1. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Products, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Site (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in Malaysia.

The Content and Marks are provided in or through the Site ‘AS IS’ for your personal, non-commercial use only. 

2. User Representations

By using the Site, you represent and warrant that: 

• all registration information you submit will be true, accurate, current, and complete;
• you will maintain the accuracy of such information and promptly update such registration information as necessary; 
• you have the legal capacity and you agree to comply with these Legal Terms; 
• you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
• you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
• you will not use the Site for any illegal or unauthorised purpose; and
• your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

3. User Registration

You may be required to register to use the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

4. Our Products

We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

5. Purchases And Payment

We accept the following forms of payment:

• Direct Bank Transfer
• Touch N Go
• Shopee Pay

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Malaysian Ringgit.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

6. Shipping Costs and Arrangements

We charge a flat rate shipping cost of RM9.90 per one product to deliver to customers in West Malaysia. Customers from Langkawi and East Malaysia are charged based on volumetric weight per kg.

West Malaysia

Standard delivery 3 to 7 business days with SkyNet Express. To track your order, please click here.

East Malaysia

Standard delivery 5 to 12 business days with DHL Express. To track your order, please click here.

Local Pick Up

We offer direct pick up from our warehouse located in Pontian, Johor. Orders placed before 12pm can be picked up on the same day between 3pm to 6pm.

7. Return / Refund / Cancellation of Goods

7.1 Return of Defective Goods

We shall be deemed prima facie to have properly performed all obligations under the Contract, and the Goods delivered shall be deemed to be correct and of satisfactory quality, unless notice of fault and the particulars of such fault are given in writing by email or calling our customer service accompanied with the return of the Goods to us at our Customer Service Centre, within seven (7) days from the date of its delivery at the Delivery Address. Any claim not made as aforesaid shall be deemed to be waived. In the event that a request is lodged and subject to satisfactory proof of fault thereof, we shall, at our sole and absolute discretion, either:

1. replace the Goods free of charge subject to the terms herein,
2. refund to you the amount paid for the Goods subject to the terms herein, after your return of the Goods.

Without prejudice to anything contained in the Contract, except the cost of delivery to return the Goods, all costs and expenses arising from the return of the Goods and delivery of the replacement shall be borne by you entirely.

Refund of payment shall be made in such manner as we shall determine at our sole and absolute discretion.

The Goods returned under Clause 7.1 shall be returned in its original unaltered condition and in its original packaging. Gift(s) or any enclosed item(s) shall be returned simultaneously.

7.2 No Reason Return of Goods

We would accept no reason returns within seven (7) days from the purchase date (including the day of purchase). Any request not made as aforesaid shall be deemed to be waived and absolutely barred. All costs and expenses arising from the return of the Goods shall be borne by you entirely.

7.3 Cancellation of Goods

We would accept order cancellation before order is shipped. For any order has been shipped, the case will be handled subject to Clause 7.2.

Notice of Return / Replace / Cancellation request shall be made to us through our customer service contact or email.

We reserve our sole and absolute right and discretion to decline any request under this Clause. In the event of any dispute hereunder, our determination shall be final and conclusive.

8. Warranty Service

Different warranty terms apply to different products purchased online. The warranty period hereunder shall commence from the date of delivery of the Goods at the Delivery Address and shall remain valid for a certain period (as the case may be) (“Warranty Period”), which scope shall be subject to the detailed terms and conditions of warranty offered by the Company.

For warranty registration, please visit the link here.

The warranty under this Clause 8 shall not cover, inter alia:

1. any consumable items / parts supplied with the Warranty Goods;
2. any accessories not being part or component of the Warranty Goods;
3. damage due to acts of God, accident, misuse, abuse, negligence, unauthorized alteration / modification, improper handling or operation, improper connection to voltage supply, repair or attempted repair of the Warranty Goods by any person not authorized by the Company, or deterioration due to normal wear and tear; or
4. damage excluded by the Company

If any Warranty Goods are found to be faulty or defective during the Warranty Period, we will, subject to the relevant terms and conditions of warranty offered by the Company, arrange at our option to either repair or replace such Warranty Goods at no additional cost to you, provided that you take the Warranty Goods to our Customer Service Centre within the Warranty Period and collect it from the same after completion of the relevant repair or replacement (as the case may be) at your own cost.

Notwithstanding anything contained in this Clause 8, the extent of our liability in respect of any Warranty Goods during the Warranty Period shall be limited to the extent and scope of warranty offered by the Company. For the avoidance of doubt, we shall not be liable for any fault, damage or defect of any non-Warranty Goods at any time save and except only for obligations under Clause 7 (if applicable), or be liable for any fault, damage or defect of any Warranty Goods after the expiration of the Warranty Period.

9. Guidelines For Reviews

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

10. Sites Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

11. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy here. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Site is hosted in Malaysia. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Malaysia, then through your continued use of the Site, you are transferring your data to Malaysia, and you expressly consent to have your data transferred to and processed in Malaysia.

12. Term And Termination

These Legal Terms shall remain in full force and effect while you use the Site. Without limiting any other provision of these legal terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the services (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these legal terms or of any applicable law or regulation. We may terminate your use or participation in the services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

13. Modifications And Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

14. Governing Law

These Legal Terms shall be governed by and defined following the laws of Malaysia. The Company and yourself irrevocably consent that the courts of Malaysia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

15. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

16. Disclaimer

The services are provided on an as-is and as-available basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the services’ content or the content of any websites or mobile applications linked to the services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (3) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.

17. Limitations Of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the one (1) month period prior to any cause of action arising. Certain laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

18. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

19. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

20. Electronic Communications, Transactions, And Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

21. Miscellaneous 

These Legal Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Site. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

22. Contact Us

If you have any enquiries, please contact us at +6011 542 88604 between 10am to 6pm from Monday to Sunday or by email [email protected]