Legal

Thank you for visiting www.durianbaby.com.my. By placing an order on this website, you are agreeing to the following terms and conditions:

The term ‘DB & Friends Marketing Sdn Bhd’ or ‘Durian Baby’ or ‘Durian Baby & Friends’ or ‘we’ or ‘us’ refers to the owner of the website whose principal place of business is at No. 9, Lebuh Acheh, 10300 Georgetown, Pulau Pinang. Our company registration number is 1451464-U.

The term ‘you’ refers to the user or viewer of our website.

If you do not agree to these terms and conditions, you should not use or access the website. Durian Baby reserves the right to change or amend any of our Terms and Conditions (T&C) at any time without prior notice.

Be sure to check this page periodically for updates, as your continued use of the site signifies your acceptance of any changed items.

1. General

a) Pictures shown on our website are for illustration purposes only. The selling price on the website is only for the following:

• Gelato Pints
• Mille crepe cakes
• Durian Pizza
• Blackthorn & Musang King Durian Snowy Skin Mooncakes

b) Access to our website and to our service are permitted on a temporary basis. We reserve the right to withdraw or amend access to our website or our services without notice. We will not be liable if, for any reason, our site or our services is unavailable at any time or for any period. If we deem necessary such as server failure, inventory issue, etc, we may restrict access to some, if not all parts of our website or our services. 

c) You are responsible for maintaining the confidentiality of your order details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, please contact hello@durianbaby.com.my immediately to let us know. We can deactivate your account at any time.

d) You may use our website only for lawful purposes. You may not use our website or our services in any way that breaches any applicable local, national or international law or regulation. You also agree not to access without authority, interfere with, damage or disrupt any part of our website, our services or any network or equipment used in the provision of our services. 

e) All intellectual properties on our websites are licensed and bound to legal rights, including the content published on it in any form. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use. We will not be responsible for any errors, omissions, changes or edits in relation to such content. We do not tolerate slanders and legal action will be taken. 

f) We will not be responsible for any technical problems you may experience with our website. If we are informed of any errors or inaccuracies on our website, we will attempt to correct them as soon as we reasonably can. We will also not be responsible for any loss or damage incurred when you are using our website, our services or any content, material or websites linked to our website. 

2. Order Acceptance Policy

All orders and other requests received are subject to acceptance by Durian Baby & Friends, and any of its personnel, reserve the right, at our absolute discretion, to reject any order. In the event of rejection, we will refund or cancel any payments received in full, via the payment method used to place the order. 

2. Self-Collect and Delivery Policy
a) Self-Collect Policy

• The self-collect option is available every day except on Monday (day-off) during business hours, unless stated otherwise.
• Self-collect option is only applicable for gelato in pints, crepe cakes, mooncakes and durian pizza.
• Self-collect option is free of charge.
• Please present your order confirmation email for verification during self-collect.
• Any cancellation and changes related to the self-collect order must be made at least 48 hours prior to the scheduled self-collect timing. No refunds will be provided for any self-collect orders that are cancelled or changed less than 48 hours prior to the self-collect timing.

b) Delivery Policy

• Delivery services are only applicable for gelato in pints, crepe cakes, mooncakes and durian pizza.
• Our current delivery services are managed by third-party logistics delivery team.
• Delivery services are available every day except on Monday (day-off) during business hours, unless stated otherwise.
• Delivery services are only available for selected areas in Penang Island.
• Although our team always try our best to ensure punctual delivery for our customers, Durian Baby & Friends cannot be held responsible if a delivery is late due to unavailability of the delivery service that we use or anything else outside of Durian Baby & Friends’ control.
• Our delivery partner’s coverage area could change from time to time without prior notice. If you have placed an order and your address is outside of our delivery coverage area, our company has the right to cancel and refund any order placed, with prior notice given to the customer.
• There is a RM15 standard delivery fee for all orders below RM100.
• For selected promotion item(s) and/or orders RM100 and above, key in promo code DBFREE to enjoy free delivery.
• Your order will be delivered to you on your selected date, and in the event our delivery partner fails to deliver, we will fully refund the money you have paid upon your request with the condition that the items have not been received.
• Delivery could be earlier or later than your preferred time slot as all delivery is subjected to traffic condition, weather, and other unforeseen circumstances. Neither the delivery company nor our company will be responsible or compensate for any loss incurred in the delay of delivery date or time.
• Neither the delivery company nor our company will be responsible for any mistakes or delays caused by the customer such as incomplete address, incorrect contact number, or any other incorrect details provided by the customer.
• If there is no one available at the customer’s stated address to receive the order at the chosen delivery timing, the order is deemed to be cancelled and no refund shall be provided. Alternatively, the customer may request for the order to be rescheduled for a later date or timing, subject to an additional fee of RM30 payable by the customer for re-delivery.
• You are also to ensure that on the delivery date, the receiver’s contact is available and reachable. Our rider will call the receiver at the delivery address to hand over the item. There may be a need for the rider to contact you and/or the receiver when they are not able to locate the address you provided and thus, need your guidance. In such case, if the receiver’s contact number is not reachable or unanswered, we will not be responsible for any delay caused by such reasons or circumstances similar to the above. 

4. Refund Policy

a) Should you encounter any issues with your order, please WhatsApp us at +6018-8732786 or email us at hello@durianbaby.com.my within 24 hours of your delivery order. We are available from Monday to Saturday, 11am to 6pm.
b) To be eligible for a refund, you should report your case within 24 hours upon delivery or pick up of your order and any refund is subject to a mandatory review and investigation process by our management team. The products should also
remain the same way as delivered. When filing your report, kindly provide us with your order number and several pictures as proof of the defective products.
c) Durian Baby & Friends reserves the right to review any request for refund, cancellation of order and amend the terms and conditions governing our refund policy from time to time. 

5. Missed Delivery

Should Durian Baby & Friends or our delivery partner fails to complete the order, we will reschedule the delivery of your order at no additional cost. Alternatively, you can opt to cancel the order and we will refund the cost of the item(s) which was not delivered correctly. 

6. Wrong or Defective Products

Should the wrong item or a defective product is delivered to you, Durian Baby & Friends will redeliver the item to you at no additional cost or provide you with a cash voucher (amounting to the value of the item) which can be used for future Durian Baby & Friends purchases in-store. 

7. Order Incomplete

Should any item be missed out in your order, Durian Baby & Friends will deliver the missing item to you at no additional cost or provide you with a cash voucher (amounting to the value of the missing item) which can be used for future Durian Baby & Friends purchases in-store. Alternatively, you can opt to cancel the item that has not been delivered and we will
refund the cost of the missing item. 

8. Circumstances beyond our control

a) Adverse weather conditions
During adverse weather conditions (including heavy rain, storm, typhoon, and flood), our delivery partners may not be able to deliver orders on time. This is outside of our control and we cannot accept responsibility for the late delivery of the order. In the event of adverse weather conditions, we will endeavour to contact you as soon as practicable to inform you of the delay. 

b) Force Majeure
Durian Baby & Friends shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: (i) Acts of God, (ii) outbreak of hostilities, riot, civil disturbance, acts of terrorism, (iii) the act of any government or authority (including refusal or revocation of any licence or consent), (iv) fire, explosion, flood, fog or adverse weather, (v) power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles, (vi) default of suppliers, sub-contractors or delivery partners, (vii) theft, malicious damage, strike, lock-out or industrial action of any kind, and (viii) any cause or circumstance whatsoever beyond Wolf Gelato’s reasonable control.

9. Offers and Promotion Codes

a) At our discretion, from time to time, we may offer products at discounted prices. Such offers are only valid from start of the offer period to the end date of the offer period and they cannot be used for purchases before the offer introduction date or after the offer end date.
b) In the event that a customer has made a purchase and the price of the purchased product subsequently falls or is discounted owing to a special offer, the price of the product at the time of purchase shall prevail. We are unable to offer special offer discounts for purchases that have already been made.
c) As our special offers are contingent on availability, we may change the terms of special offers, or any part thereof, at any time, and without prior notice.
d) We also reserve the right, at our absolute discretion, to offer different personalized special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.
e) Discounts and credits cannot be used in conjunction with any other offers.
f) Unless otherwise stated, we only allow one promotion code to be used per order. 

10. Applicable Law

You agree that all actions or proceedings arising directly or indirectly out of this agreement, or your use of the site or any samples or products obtained by you through such use, shall be litigated in the circuit court of Malaysia. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that Malaysia is an inconvenient forum or an improper forum based on lack of venue. This site is created and controlled by Durian Baby & Friends, a wholly owned Brand of DB & Friends Marketing Sdn. Bhd., Malaysia. As such, the laws of Malaysia will govern the terms and conditions contained in this Agreement and elsewhere throughout
the Site, without giving effect to any principles of conflicts of laws.

Last updated: 08 August 2022.