Definitions
For the purposes of this Disclaimer:
● “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Disclaimer) refers to POP MART FANTASY SDN. BHD.
● “Goods” refers to the items offered for sale on the Service.
● “Orders” means a request by You to purchase Goods from Us.
● “Service” refers to POP MART FANTASY SDN. BHD., accessible from https://pmfantasy.com/.
● “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.
1. Acceptance of These Terms
These Terms and Conditions govern your access to and use of the Service, including your purchase of toys, building blocks, soft plush toys, toy cars, and other products offered by the Company.
By accessing the Service, creating an account, submitting an Order, or purchasing Goods, You confirm that You have read, understood, and agreed to be bound by these Terms and Conditions.
If You do not agree with any part of these Terms and Conditions, You must stop using the Service and must not place an Order.
2. Eligibility to Use the Service
You must be at least 18 years old or have the permission and supervision of a parent or legal guardian to place an Order through the Service.
If You are placing an Order on behalf of a company or another legal entity, You represent that You have the authority to bind that entity to these Terms and Conditions.
The Company may refuse access to the Service where it reasonably believes that a user is not eligible to use the Service or is using it for an unlawful, fraudulent, or unauthorised purpose.
3. Product Information
We make reasonable efforts to ensure that product descriptions, specifications, features, images, colours, dimensions, prices, availability, and other information displayed on the Service are accurate.
However, actual product colours may vary slightly due to photography, lighting conditions, manufacturing batches, and differences in screen settings.
Product images are provided for illustration purposes. Unless expressly stated otherwise, accessories, decorative items, backgrounds, or supporting products shown in an image may not be included with the purchased Goods.
Minor variations that do not materially affect the product’s intended use, identity, or essential features will not necessarily constitute a defect or misrepresentation.
We reserve the right to correct errors, inaccuracies, or omissions and to update product information without prior notice.
4. Product Suitability and Safety
Customers are responsible for reviewing all available product details, age recommendations, dimensions, warnings, instructions, and safety information before purchasing or using any Goods.
Some toys may contain small parts and may not be suitable for young children. Adult supervision may be required depending on the product and the child’s age.
You are responsible for ensuring that the Goods are suitable for the intended user. Products must be used only for their intended purposes and according to any instructions or warnings supplied with them.
The Company will not be responsible for injury, damage, or loss resulting from improper use, lack of supervision, unauthorised modification, or failure to follow product instructions, except where responsibility cannot lawfully be excluded.
5. Orders
An Order submitted through the Service constitutes an offer by You to purchase the selected Goods.
Receiving an Order confirmation does not necessarily mean that the Order has been accepted. An Order is accepted when the Company confirms that payment has been received and the Goods are being processed or prepared for delivery.
The Company reserves the right to accept, reject, limit, or cancel an Order where:
- The Goods are unavailable or out of stock.
- The product or price information contains an error.
- Payment cannot be verified or authorised.
- The Order is suspected to be fraudulent or unauthorised.
- The delivery address is incomplete, incorrect, or outside the available delivery area.
- The quantity ordered exceeds reasonable purchase limits.
- The Order violates these Terms and Conditions or applicable law.
If payment has already been collected for an Order that the Company cannot fulfil, the relevant amount will be refunded using the original payment method wherever reasonably possible.
6. Order Information
You are responsible for ensuring that all information submitted when placing an Order is complete, current, and accurate.
This includes:
- Customer name.
- Contact number.
- Email address.
- Billing information.
- Delivery address.
- Product selection.
- Quantity and variation.
- Any other information required to complete the Order.
The Company will not be responsible for delivery delays, unsuccessful deliveries, or additional expenses caused by incorrect or incomplete information provided by You.
If You discover an error after submitting an Order, You must contact the Company immediately. We cannot guarantee that requested changes can be made once the Order has entered processing, packing, or delivery.
7. Prices
All prices displayed on the Service are stated in Malaysian Ringgit unless otherwise indicated.
The Company may change product prices, promotions, discounts, or offers at any time without prior notice. Price changes will not normally affect Orders that have already been accepted and paid for.
If an incorrect price is displayed due to a technical, administrative, or typographical error, the Company may contact You to confirm whether You wish to proceed at the correct price or cancel the affected Order.
We are not required to supply Goods at an obviously incorrect price where the error could reasonably have been recognised.
8. Payment
Orders must be paid using the payment methods available through the Service at the time of checkout.
By submitting payment details, You confirm that:
- The payment information provided is accurate.
- You are authorised to use the selected payment method.
- Sufficient funds or credit are available.
- The payment is not fraudulent or unlawful.
Payments may be processed by third-party payment gateways. The processing and handling of payment information may also be subject to the terms and privacy practices of the relevant payment provider.
The Company does not guarantee that every payment method will always be available. Payment options may be added, suspended, or removed without prior notice.
9. Promotions and Discount Codes
Promotions, vouchers, discount codes, and special offers may be subject to additional terms, eligibility requirements, minimum spending amounts, validity periods, product exclusions, and usage limits.
Unless otherwise stated:
- Discount codes cannot be exchanged for cash.
- Only one discount code may be used per Order.
- Expired codes will not be accepted.
- Codes cannot be applied after an Order has been completed.
- Promotions are subject to product availability.
- Promotional offers may not be combined.
The Company may withdraw, amend, suspend, or cancel a promotion where necessary, including in cases of error, misuse, fraud, or technical problems.
10. Product Availability
All Goods are subject to availability.
Placing an item in a shopping cart does not reserve the item. Availability is confirmed only when the Order has been accepted and processed by the Company.
If an item becomes unavailable after an Order has been placed, We may:
- Contact You to offer a suitable alternative.
- Remove the unavailable item and refund its value.
- Cancel and refund the affected Order.
We will make reasonable efforts to notify You if a purchased item is unavailable.
11. Delivery
Delivery is subject to the Company’s Shipping Policy, which forms part of these Terms and Conditions.
Estimated delivery times are provided as a guide and may be affected by courier operations, public holidays, weather conditions, peak periods, incorrect delivery information, unsuccessful delivery attempts, or circumstances outside the Company’s reasonable control.
You are responsible for ensuring that someone is available to receive the parcel where required.
Risk relating to the Goods will generally pass to You upon successful delivery to the address provided in the Order, subject to applicable law.
You should inspect the parcel and Goods promptly upon receipt and retain all packaging, labels, and evidence if an issue is discovered.
12. Returns, Refunds and Exchanges
All returns, refunds, and exchanges are governed by the Company’s Return, Refund and Exchange Policy, which forms part of these Terms and Conditions.
Items sold are generally not exchangeable or refundable unless:
- The Company sent the wrong item.
- The item materially differs from the specifications, description, features, or information advertised on the Service.
- The item is spoiled, damaged, or defective upon delivery.
- Delivery exceeds the timeline stated in the Company’s Shipping Policy.
Requests must be submitted to pmfantasy@outlook.com within 24 hours of receiving the item.
Customers must provide the evidence required under the Return, Refund and Exchange Policy, including a clear and continuous unboxing video showing the unopened parcel, shipping label, packaging, and item received.
Nothing in these Terms and Conditions limits any rights or remedies available to consumers under applicable Malaysian law, including the statutory protections provided by the Consumer Protection Act 1999.
13. User Accounts
Certain features of the Service may require You to create an account.
You are responsible for:
- Providing accurate account information.
- Maintaining the confidentiality of your password.
- Preventing unauthorised access to your account.
- Informing the Company promptly of suspected unauthorised activity.
- All actions performed through your account.
The Company may suspend or terminate an account if it is used fraudulently, unlawfully, abusively, or in violation of these Terms and Conditions.
14. Acceptable Use
You agree not to use the Service:
- For any unlawful, fraudulent, or harmful purpose.
- To submit false or misleading information.
- To interfere with the operation or security of the Service.
- To introduce viruses, malicious code, or harmful technologies.
- To attempt unauthorised access to the Service or related systems.
- To copy, scrape, reproduce, or commercially exploit website content without permission.
- To impersonate another individual or organisation.
- To place fraudulent Orders or abuse promotions.
- To infringe the rights of the Company or any third party.
- To submit abusive, threatening, discriminatory, or offensive material.
The Company may restrict or terminate access to the Service where these requirements are violated.
15. Intellectual Property
All content made available through the Service, including website designs, layouts, text, graphics, product presentations, photographs, illustrations, icons, videos, logos, and software, is owned by or licensed to the Company and is protected by applicable intellectual property laws.
You may access and use the Service for personal and lawful shopping purposes only.
You may not reproduce, republish, distribute, modify, sell, license, transmit, display, or commercially exploit any part of the Service without prior written permission from the relevant rights holder.
Third-party trademarks, product names, and brand materials remain the property of their respective owners.
16. Third-Party Services and Links
The Service may contain links to third-party websites or use third-party services, including payment providers, courier companies, analytics services, and social media platforms.
The Company does not control third-party websites or services and is not responsible for their content, availability, security, policies, or practices.
Your use of third-party services may be governed by separate terms and conditions. You should review those terms before using the relevant service.
The inclusion of a link does not necessarily constitute an endorsement by the Company.
17. Reviews and User-Submitted Content
If You submit a review, comment, photograph, testimonial, or other content through the Service, You confirm that:
- The content is accurate and based on genuine experience.
- You own the content or have permission to submit it.
- The content does not infringe third-party rights.
- The content is not unlawful, misleading, defamatory, or offensive.
- The content does not contain malicious code or unauthorised advertising.
You grant the Company a non-exclusive right to use, reproduce, display, and publish the submitted content in connection with the Service and the promotion of the Company, subject to applicable privacy laws.
We may remove content that violates these Terms and Conditions.
18. Privacy and Personal Information
Personal information collected through the Service will be handled according to the Company’s Privacy Policy and applicable Malaysian law.
Information may be collected and used to:
- Process Orders and payments.
- Arrange deliveries.
- Provide customer support.
- Prevent fraud.
- Maintain accounts.
- Improve the Service.
- Meet legal and regulatory obligations.
- Send marketing communications where consent has been obtained or where otherwise permitted.
You are responsible for ensuring that personal information provided to the Company is accurate and current.
19. Service Availability
The Company aims to keep the Service accessible and functioning properly. However, continuous or error-free availability is not guaranteed.
Access may be interrupted due to:
- Scheduled maintenance.
- Technical problems.
- Hosting or network failures.
- Cybersecurity incidents.
- Third-party service interruptions.
- Events outside the Company’s reasonable control.
The Company may modify, suspend, restrict, or discontinue any part of the Service where reasonably necessary.
20. Disclaimer of Warranties
The Service and its content are provided on an “as available” basis, subject to any rights and guarantees that cannot lawfully be excluded.
Although We take reasonable care when providing product information, We do not guarantee that every description, image, price, availability status, or other detail will always be completely free from error.
Any disclaimer or limitation in these Terms applies only to the extent permitted by Malaysian law.
21. Limitation of Liability
To the maximum extent permitted by applicable law, the Company will not be responsible for indirect, incidental, special, or consequential losses arising from the use of the Service or purchase of Goods.
The Company will not be responsible for loss resulting from:
- Misuse of the Goods.
- Failure to follow safety instructions or age recommendations.
- Unauthorised alteration or repair.
- Incorrect information provided by You.
- Third-party websites or services.
- Events outside the Company’s reasonable control.
- Unauthorised access resulting from your failure to protect account credentials.
Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability that cannot be excluded under applicable consumer protection law.
22. Indemnity
To the extent permitted by law, You agree to indemnify the Company against claims, losses, liabilities, damages, and reasonable expenses arising from:
- Your unlawful or unauthorised use of the Service.
- Your violation of these Terms and Conditions.
- Your infringement of another person’s rights.
- False or misleading information submitted by You.
- Your misuse, modification, or unauthorised resale of the Goods.
This section does not require You to indemnify the Company for matters caused solely by the Company’s own unlawful conduct.
23. Force Majeure
The Company will not be responsible for delays or failures caused by events beyond its reasonable control, including natural disasters, floods, fires, severe weather, epidemics, government restrictions, strikes, transportation interruptions, telecommunications failures, courier disruptions, or shortages of materials.
Where such an event occurs, the Company may suspend or extend the affected obligations for the duration of the event and will make reasonable efforts to minimise disruption.
24. Suspension and Termination
The Company may suspend or terminate your access to the Service where You:
- Violate these Terms and Conditions.
- Engage in fraudulent or unlawful activity.
- Abuse the return or promotional system.
- Interfere with the Service’s security or operation.
- Cause harm to the Company, other users, or third parties.
Termination will not affect any rights or obligations that arose before the termination date.
25. Governing Law
These Terms and Conditions, your use of the Service, and any Order placed through the Service shall be governed by and interpreted according to the laws of Malaysia.
Any dispute arising from or relating to these Terms, the Service, or the purchase of Goods shall be subject to the jurisdiction of the courts of Malaysia, except where a consumer is entitled to pursue another dispute-resolution process under applicable law.
Eligible consumers may also have access to the Tribunal for Consumer Claims Malaysia, subject to its jurisdiction and applicable requirements. Tribunal for Consumer Claims Malaysia – KPDN
26. Dispute Resolution
If a dispute occurs, You are encouraged to contact the Company first so that both parties can attempt to resolve the matter fairly and promptly.
You should provide your Order number, contact details, supporting evidence, and a clear description of the issue.
If the dispute cannot be resolved directly, either party may pursue the remedies available under Malaysian law.
27. Severability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, that provision will be interpreted or limited to the minimum extent necessary.
The remaining provisions will continue in full force and effect.
28. No Waiver
If the Company does not immediately enforce a provision of these Terms and Conditions, this does not mean that the Company has waived its right to enforce that provision later.
A waiver will only be effective where it is clearly communicated by the Company.
29. Entire Agreement
These Terms and Conditions, together with the Privacy Policy, Shipping Policy, Return, Refund and Exchange Policy, and any additional terms displayed during checkout, constitute the agreement between You and the Company concerning the Service and your purchase of Goods.
If there is a conflict between these Terms and specific promotional or product terms, the more specific terms will apply to the relevant transaction.
30. Changes to These Terms
The Company may amend these Terms and Conditions when necessary to reflect changes to its operations, products, website, payment methods, legal requirements, or business practices.
Updated Terms will be published on the Service. Changes will take effect from the date of publication unless otherwise stated.
The Terms in effect when an Order is placed will generally apply to that Order, except where changes are required by law.
31. Contact Us
For questions concerning these Terms and Conditions, please contact:
POP MART FANTASY SDN. BHD.
Website: https://pmfantasy.com/
Email: pmfantasy@outlook.com
Address: NO 69B, JALAN JAYA PUTRA 7/11, TAMAN JAYA PUTRA, 81100 JOHOR BAHRU, JOHOR, MALAYSIA.