CUSTOMER INFORMATION AND TERMS AND CONDITIONS
1. The Butiza website
Customers accessing the website Butiza.my (hereafter referred to as the “Website”) from, or with shipping addresses in, Malaysia are subject to the following terms and conditions. This customer information and these Terms and Conditions shall apply to your use of, and all orders for the sale of goods placed through, the Website. The Terms and Conditions apply equally to those goods ordered using the Website by direct order or through an account which you may establish through the Website. By placing an order with Butiza Olumis Trading ("Butiza", “Butiza Olumis”), you confirm that you have read, understood and accepted these Terms and Conditions and the Butiza Privacy Policy. If you object to any of these Terms and Conditions or those of our Privacy Policy and Statement, please discontinue using the Website and refrain from placing an order (as applicable).
Butiza reserves the right to make changes to these Terms and Conditions. The goods and prices on the Website are also subject to change. Customers should revisit this area of the Website immediately before placing an order. Any changes will only be effective once they are published on this Website.
This Website is not intended for use by children, especially those under 12 years of age. If you are under 18 years of age, you must obtain the consent of your parent or legal guardian before disclosing any personal information or making any purchases from this Website.
2. Owners of this website and parties to any purchase agreement
This Website is owned and operated by Butiza Olumis Trading (Taman Bunga Raya, Lot 390-K Jalan Dahlia 2, Bukit Beruang, 75450 Melaka, Malaysia).
The contractual party and seller of the products to Malaysian customers is:
Butiza Olumis Trading
Company registration number: 202003066116(MA0249027-M)
If you have any complaints or wish to assert any of your rights in relation to goods purchased on this Website, please contact: support@butiza.my.
3. Use of the Website
You agree to use the Website solely for those purposes permitted by these Terms and Conditions. You are responsible for all equipment and software used to access the Website.
You must not:
- use the Website directly or indirectly for any activity that breaches any laws, infringes on a third party's rights, is unlawful or breaches these Terms and Conditions;
- use the Website directly or indirectly to unlawfully post or transmit any information or material that is obscene, indecent, contains offensive language, defames, abuses, harasses, stalks, threatens, menaces, offends, or restricts any person, or which prevents any other user from using or enjoying the Website;
- use the Website directly or indirectly, or use any service provided on the Website, to conduct surveys, contests, pyramid schemes, or send chain letters, junk email or any other duplicative or unsolicited messages (for commercial use or otherwise);
- attempt to gain unauthorized access to the Website or use another person's name or registration account and/or password;
- create a false identity for the purpose of misleading others about the identity of the sender or about the origin of a message;
- tamper with, hinder the operation of or make unauthorized modifications to the Website;
- knowingly transmit any virus or any other disabling feature to the Website;
- advertise or offer to sell or buy any goods or services on the Website; or
- collect information about others, including email addresses, without their consent.
The Website may contain links to external websites. These websites are not part of the Website and, unless otherwise indicated, are not under Butiza’s control. Butiza has no responsibility for the contents of any linked websites. Access to these sites is at your own risk.
Butiza may monitor, review, retain and/or disclose any information on the Website as necessary to satisfy any applicable law, regulation, legal process or governmental request.
4. Electronic communications
When you visit this Website, order any goods from this Website or send emails to Butiza, you are communicating with us electronically. Visits to, orders from or emails sent to the Website are considered electronic communications.
Unless Butiza is otherwise advised by you, the user, registering your contact details automatically gives your consent to being contacted directly by us by phone or email (or by other electronic messaging means) in accordance with our Privacy Policy.
Please be aware that your information (including your contact information) is required to enable us to complete your purchase of Butiza goods. By registering with Butiza, or by placing an order using this Website, you are expressly consenting to such use of your data. Neither registration nor orders can be completed without this consent.
If you object, those parts of the Website that do not require registration will be available for your use. If you decide to register at a later date, you may view and modify your data anytime by selecting Profile from the website menu. Please see our Privacy Policy for further information about our privacy practices.
5. Copyright and trademarks
Copyright in the Website and the contents included on the Website belong to Butiza or its licensors.
You are provided access to the Website only for your personal use and to purchase goods offered for sale on the Website. Without the permission of Butiza, and subject to applicable laws, you must not:
- store, distribute, perform, communicate to the public, adapt or create derivative works from any part of the Website; or
- commercialize any information or services obtained from the Website.
The trademarks used on the Website (if any) are the trademarks of Butiza or of a third party.
Nothing on the Website should be construed as granting any license to use any trademark without the permission of the owner.
You must not use any Butiza trademarks:
- as, or as part of, your trademark;
- in connection with goods or services that do not belong to Butiza;
- in a manner that may be confusing, misleading or deceptive; or
- in a manner that disparages Butiza, its goods, services or its Website.
6. Disclaimer and limitation of liability
To the extent permitted by law, all implied warranties and conditions, representations about the Website, your accessibility to and use of the Website and any goods available for purchase from the Website are excluded from these Terms and Conditions. Where you consider that an item purchased through this Website does not meet your expectations, in addition to any rights you have under applicable law, you may also exercise your rights under Butiza's return policy, which is provided in section 10.6 below.
Butiza will provide all content and other services on the Website in good faith and will use reasonable endeavours to ensure that the information on the Website is accurate and current at the date of publication. However, to the extent permitted by law, Butiza is not liable for any inaccuracies, errors or omissions in the content on the Website.
Where the statutory protections under Malaysian consumer protection law apply to the supply of goods or services by Butiza, then to the extent permitted by law, Butiza’s liability for breach of such statutory protections is limited to, at its discretion:
- in the case of services, the supply of the relevant services again or the payment of the cost of having the services supplied again; and
- in the case of goods, the repair or replacement of the goods or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or acquiring equivalent goods, provided that if repair or replacement is impossible or disproportionate with other remedies, or Butiza is unable to repair or replace the goods within a reasonable time without significant inconvenience to you, Butiza shall reduce the purchase price by an appropriate amount or refund the purchase price (which may be reduced to take into account the use that you have had of the goods).
To the extent permitted by law and, except as provided for by these Terms and Conditions, Butiza (and its employees, agents or related corporate bodies) will not be liable for any losses, damage, costs or expenses suffered by you or claims made against you in connection with:
- your use of the Website;
- any lack of availability, interruptions, delays in operation, viruses, internet access difficulties or equipment malfunctions in relation to the Website;
- any failure to provide the Website;
- any goods supplied, offered or advertised on the Website; or
- your purchase of any goods or services offered by Butiza for sale on this Website,
except for any loss, damage, cost or expense which is due to the negligence or wilful misconduct of Butiza, or a breach of applicable statutory consumer protection laws by Butiza, or which otherwise cannot be excluded by law.
7. Indemnity
To the extent permitted by law, you hold Butiza and its affiliates, employees, agents, representatives and its third party service providers harmless from any and all claims made against and liabilities of Butiza that arise from a breach of these Terms and Conditions by you.
8. Termination
Butiza may suspend, terminate or limit your access to the Website, effective immediately, if, in its reasonable opinion, these Terms and Conditions have been breached by you.
Butiza may, at any time, suspend, limit or terminate any service provided on the Website or all access and use of the Website.
9. Cookies
Cookies are a standard for storing small pieces of data on your computer. Any web server (including this one) may store one or more cookies in your browser or request your browser to transmit the data to the web server.
Butiza may use cookies to control the display of advertisements, to track usage patterns on the site, to deliver editorial content, to record registration, and to personalize information. For example, if you register on any part of the Website, you can opt to save your user name and password on your computer. Butiza can provide this function by placing a cookie on your computer. Its cookies may contain personal information and may be shared with related corporate bodies. If you don't want cookies, your web browser likely includes an option that allows you to disable them. However, if you set your browser to refuse cookies, some portions of the Website may not function properly. While your individual information is protected as outlined in these Terms and Conditions and our Privacy Policy and Statement, Butiza reserves the right to use aggregated, anonymous data about its users as a group for any business purposes.
10. Your purchase agreement
This section applies to any order made through the Website (either through a direct order or through the establishment of an account).
10.1 The purchase agreement
Any orders made through the Website (either through a direct order or through the establishment of an account) constitute a binding agreement to conclude a purchase agreement with Butiza. A binding purchase agreement only comes into existence when Butiza accepts your order by dispatching the goods ordered by you to an affiliate delivery service. Butiza will notify you when goods are dispatched by sending you an email. The Terms and Conditions apply to, and are incorporated into, any purchase agreement for goods purchased on the Website. You will be charged the prices and fees displayed on the Website at the time that your order is submitted. The price of an item cannot be confirmed until an order is submitted. Your credit/debit card, paypal and/or gift card will not be charged until after Butiza accepts your order, as explained in Section 10.4 below.
10.2 Reservation of performance in case of goods being unavailable
Butiza does not warrant and cannot guarantee that goods ordered will be available at all times. Also, if the goods ordered are no longer able to be supplied to you within thirty days of your order being accepted, Butiza can withdraw from, and terminate, any purchase agreement entered into with you for those goods. If Butiza withdraws from and terminates a purchase agreement, then Butiza will immediately inform you by email and will immediately refund any fees or charges already paid by you for the goods.
Butiza reserves the right to limit the number of products (or the number of a particular SKU) that may be sold to a customer.
Butiza reserves the right to reject orders from customers if there is reasonable belief that customer is in violation of these Terms and Conditions, or if customer is engaging in fraudulent or other criminal activities.
10.3 Price and additional costs
The total amount for any goods ordered must be made as a single payment. The total amount of your order, including all taxes and costs such as packaging and delivery, will be displayed during the checkout process when you submit your order.
10.4 Terms of payment
The purchase price for all goods ordered is due and payable when Butiza notifies you that your order has been accepted. Payment may be made by credit card/debit card, bank transfer, paypal and/or gift card . Butiza will only process the transaction once you have been notified of your accepted order.
You may not make any set-off claims against our claim for payment unless the amount set-off is not disputed by Butiza or has been the subject of a final and binding judgment against the company.
An invoice will also be sent with your package.
Under this agreement, the payment processing services for goods and/or services purchased on this website are provided by Butiza Olumis Trading or, depending on the type of payment method used for the purchase of the goods and/or services, another payment processing service.
10.5 Delivery and reservation of title
Orders will be delivered to the delivery address stated in your order. Deliveries are made by the delivery service appointed by Butiza. You will be advised of the contact details of the delivery service when your order is accepted.
Butiza makes reasonable efforts to ensure that orders are delivered within the estimated time frame specified on this Website or such other timeframe as notified to you when your order is accepted. However, Butiza makes no guarantees in relation to estimated delivery times.
You agree that the products ordered and sent to you remain Butiza 's property until full payment has been received by Butiza. Butiza requires full payment prior to the dispatch of the purchased goods to the delivery service.
All goods purchased from this Website are delivered pursuant to a contract with Butiza’s delivery service. This means that the risk of loss and title for the goods passes to you upon the delivery of the goods by Butiza to the delivery service. Butiza is not responsible for the risk of loss of goods during their delivery to you by the delivery service, unless otherwise advised.
10.6 Right to cancel the purchase agreement
Your rights specified in this section 10.6 are in addition to your rights as a consumer under applicable law.
You may submit a request to sales@butiza.my to cancel your order on the same day the order was placed. Please note that if the order has been paid or shipped or delivered, Butiza will not be able to approve the cancellation request.
Butiza return policy cover all regular priced items and is valid for 7 days from the date of receipt. Refunds and exchange is strictly not allowed beyond the stipulated time period. Returns are only accepted if you received a wrong items, defected items or items grossly misrepresented in product listings. To be eligible for a return, your item must be unused and in its original condition, with original tags and/or packaging intact. In the interests of hygiene, earrings products are considered as non-returnable product. All sales and promotional items are strictly non-refundable.
If you wish to proceed with the return, items must be sent promptly to:
Butiza Olumis Trading,
Taman Bunga Raya,
Lot 390-K Jalan Dahlia 2,
Bukit Beruang, 75450,
Melaka, Malaysia
Butiza will process your refund or exchange and will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer's policies.
In case of return is not valid, we will notify you and arrange the item to be returned and delivery fee will be chargeable. Butzia reserves the right to reject any return, exchange, refund deemed unfit or unreasonable.
Butiza strictly do not accept change-of-mind returns or exchanges, All return postage costs is to be borne by the buyer and is non-refundable.
10.7 Liability in relation to goods
Butiza’s liability under each purchase agreement is limited in accordance with section 6 of these Terms and Conditions entitled "Disclaimer and limitation of liability", which also applies to any purchases of goods offered on the Website. Please refer to this section.
10.8 Prohibition of assignment
You may only assign, or transfer your rights under any purchase agreements to a third party with Butiza Olumis Trading’s prior written consent.
10.9 Applicable law
Any purchase agreement shall be governed by the laws of the Malaysia and all parties irrevocably submit to the exclusive jurisdiction of the courts of Malaysia.