These Customer Terms & Conditions collectively with the Terms of Use and the Privacy Policy form the “Website Terms”. The Website Terms constitute an agreement between Mindful Asia Sdn Bhd and you, the customer, governing your registration for an account (an “Account”) and/or the purchase by you of any product offered for sale by MYND on the Website.

By accessing and using the website, you represent that you have read, understood and agree to be bound by the Website Terms. Your access to the Website, the use of your Account and the right to purchase Products from us is subject to your continued compliance with the Website Terms and all applicable laws. Your right to access the Website and purchase Products will terminate immediately, without any further action by MYND, if you breach the Website Terms.

These Customer Terms & Conditions may be modified at any time for any reason, with or without prior notice to you, and any such changes to these Customer Terms & Conditions will supersede and replace any previous Customer Terms & Conditions effective immediately upon posting to this page.  Please periodically review these Customer Terms & Conditions as posted here for any changes. Your continued use of the Website after the posting of changes to these Customer Terms & Conditions will constitute your acceptance of such changes. For the avoidance of doubt, you should discontinue using the Website if you do not agree with any changes to these Customer Terms & Conditions.

Registration for an Account

When you register for an Account you are required to provide information about yourself that is true, accurate, current and complete in all respects, including your name, address and e-mail address. Users who have created an Account (“Registered Users”) are able to see and manage their account through the “Account” part of the Website after site login. Please send any updates to your Account information to [email protected]. We also reserve the right to change the registration requirements from time to time. Please refer to Terms of Use for more information about maintaining and terminating your Account.

Eligibility to Purchase Products

In order to make purchases on the Website, you must be 18 years of age or older. At the present time we do not ship internationally.

If you are not a Registered User and you wish to purchase a product from the website, you will be required to provide information about yourself that is true, accurate, current and complete in all respects, including your name, address and e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and confirm that you are the person referred to in the “Billing” information provided. In order to make purchases on the Website you will also need to have been issued a valid credit/debit card by a bank acceptable to MYND, and have authorized MYND to process a charge or charges on your credit/debit card in the amount of the total purchase price for the Product(s) that you purchase. Products purchased by you must be for personal use or purchased as a gift and may not be re-sold or used for commercial purposes or for any other commercial benefit. In addition, MYND reserves the right to restrict multiple quantities of a Product from being shipped to any one customer or postal address.

By making an offer to purchase Products, you expressly authorize MYND to perform credit checks and, where deemed necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.  Please refer to the Privacy Policy for further information about how we use your personal information and data.

Orders

When placing an order, please follow the instructions on the Website as to how to place your order and for making changes to your order before you submit it to us through the Website. All orders are subject to acceptance and availability and any Products you have selected are not reserved and may be purchased by other customers until your order is complete and accepted by us.

MYND offers Products for sale that are in stock and available for shipping. Occasionally however, we may be waiting for shipment from our suppliers. MYND may, in its sole discretion, offer you, from time to time, the opportunity to either (i) place in advance a “pre-order” for such Products which may ensure that you receive the item on a priority basis once the Products have been delivered to MYND and/or (ii) to register your e-mail address for notification of the arrival of the selected Products not in stock.

When you submit an order to us through the Website, you agree that you do so expressly subject to the Customer Terms & Conditions current at the date you submit your order. You are responsible for reviewing the latest Customer Terms & Conditions each time you submit an order.

Acceptance of Your Order

Once you place an order, you will receive an e-mail acknowledging the details of your order. We will not be obligated to supply a Product to you until we have accepted your order for such Product by e-mail in a form called a “Confirmation of Order” stating that we are accepting your order. An e-mail, letter, fax or other acknowledgement of your order by us is purely for information purposes and does not constitute our acceptance of your order. When we send you an acknowledgement, we may give you an order reference number and details of the Product(s) you have ordered.

We may, in our discretion, refuse to accept an order from you for any reason, including if we are unable to obtain authorization for payment, shipping restrictions apply to a particular item, the Product(s) you order are out of stock or do not satisfy our quality control standards or are withdrawn or you do not meet the eligibility criteria set out in these Customer Terms & Conditions. From time to time, we may offer you an alternative Product, in which case we will require you to re-submit your order. We will not be liable to you or any third-party by reason of our withdrawing any Product(s) from the Website, whether or not the Product(s) have been sold, removing, screening or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order. If you have cancelled your order before we have accepted it, or if we cancel your order at any time for any reason, then we will promptly refund any payment already made by you or your credit/debit card company to us for the order of the Product(s).

If you discover that you have made a mistake with your order after you have submitted it to us, please contact us immediately by e-mail to [email protected].

Prices

Prices shown on the Website are in Malaysian ringgit and are exclusive of taxes and delivery charges. Once you select a Product that you wish to order and have added it your cart, you may see all charges you must pay, including taxes, if applicable, and any delivery charges, on the Review page by clicking “checkout”.

All prices and offers remain valid as advertised from time to time, except in cases of patent error as set forth below. If the price for a Product in your order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed with the order at the amended price. While every effort is made to ensure that details on the Website are accurate, we may from time to time discover an error in the pricing of Products. If we discover an error in the pricing of a Product in your order, we will notify you as soon as possible. We will not be under any obligation to accept or fulfill an order for a Product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a Product that is priced incorrectly for any reason, we will e-mail or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you or your credit/debit card company have already paid for the Product(s), we will refund the full amount as soon as reasonably practicable. In the event that Products are recalled in transit, we will process your refund once the Products have been returned to us.

If you are a customer whose credit/debit card is not denominated in Malaysian Ringgit, your final price will be calculated in accordance with the applicable exchange rate on the day your credit/debit card issuer processes the transaction.

Payment

Payment for Products can be made by the available payment methods.Payment will be debited and cleared from your account in full at the time you place your order, including with respect to any pre-order. You confirm that the payment method that is being used is yours or that you have been specifically authorized by the owner of the payment method to use it and that there are sufficient funds or credit facilities to cover the cost of the Product(s) ordered.

We take reasonable care, in so far as it is within our control to do so, to keep the details of your order and payment secure. However, in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third-party procures unauthorized access to any data and/or personal information that you provide when accessing or ordering from the Website.

Delivery

MYND is responsible for each purchase that you make during the time it is in transit until it is delivered to your specified delivery address. Our goal is to deliver the Product(s) to you at the place of delivery requested by you in your order, provided that it is located in Malaysia with a valid postal code. Please note that it may not be possible for us to deliver to some locations. Should this be the case, we will inform you using your contact details and arrange for cancellation of the order or an alternative delivery address.

Delivery of any Product costing in excess of RM 500 will require a signature acknowledging receipt to be delivered. Such Products cannot be left at places of delivery stipulated in your order if you, or someone you have authorized to accept delivery, is not present to accept delivery. Anyone at the delivery address who is 18 years of age or older will be deemed to be authorized to accept delivery on your behalf. Once a Product is delivered to you, or if a signature is required, delivery is signed for by you or by someone at the delivery address, responsibility for your purchased Product(s) passes to you.

Our goal is to ship all purchased Products within two business days of the date on which you place your order or if you have chosen to have a Product monogramed or personalized within two business days of the date that the monograming or personalization of the Product is completed or such other timeframe as may be indicated on the Website. If a Product in your order is backordered or being monogramed or personalized, your order may be processed with multiple shipments. Although it is our intention to deliver Product(s) in accordance with any confirmed delivery date we have given to you for any order which we accept, we cannot guarantee any firm delivery dates. We will endeavor to notify you if we anticipate that we will be unable to meet a confirmed delivery date, but in no event will we be responsible for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

We may offer you an option for two day delivery of your order. However, if two day delivery is available through the Website, we only offer such delivery for orders placed (and for which we have received full payment) before 10:00 A.M. Two day delivery may not be available for orders placed on, or that you want to be delivered on, Saturdays, Sundays or holidays. Finally, the availability of two day delivery will always be subject to availability of stock, subject to a surcharge and be dependent on where the delivery location is. Two day delivery does not apply to pre-order, backorder, or monogrammed/personalized items.

Upon delivery of an order, you agree to inspect the Product(s) for the correct quantities and any obvious faults, defects or damage.

With respect to Products that cannot be delivered without a signature, if delivery is delayed through your unreasonable refusal to accept delivery, if you are not at the place of delivery stipulated in your order on the designated delivery date, if you refuse to sign for the delivery of the Product(s) on delivery or if you do not (within two weeks of our first attempt to deliver the Product(s) to you) accept delivery or collect the Product(s) from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following: (x) charge you for our reasonable storage fee(s) and other costs reasonably incurred by us, including redelivery costs; and/or (y) no longer make the Product(s) available for delivery or collection and notify you that we are immediately cancelling your order, in which case we will refund to you or your credit/debit card company, as applicable, any money already paid to us, less our reasonable administration charges, including the amount charged for attempting to deliver and then returning the Product(s).

Returns

If you have chosen to return a Product eligible for return you are responsible for following our return policy and retuning the Product to us as soon as reasonably practicable, but in no event later than 40 days from the order date. We will not accept any returns after 40 days. Products eligible for return must be returned unused, with tags attached in their original packaging.

We do not accept returns of intimate apparel, earrings, any personalized or custom-made products, final sale merchandise, or a Product that is specified as non-returnable in its description, unless they are faulty. Any exceptions to this policy will be listed under product details on the product page. In addition, returns are not allowed on any Products you may have purchased at a MYND pop-up shop. To return a Product, please title your email ‘Product Return’ and go to [email protected], and enter the email address that you used to make your purchase. 

 

Returning Products is always at your risk. If you return any Product for any reason, you must ensure that it is adequately packaged and insured. We will not accept any responsibility for damage caused by inadequate packaging by you or if the Product is damaged or lost while being returned to us.

If you return a Product to us in accordance with the MYND return policy within 40 days of the order date, you will receive a refund which will be credited to the original payment method. Refunds will be in the amount of the Product price plus taxes, if applicable, less a RM 20 restocking fee for each Product returned but will not include the original shipping cost. We will process the refund due to you as soon as reasonably practicable after the Product(s) have been returned to us and, in any case, within 5 business days of our receipt of the returned Product(s). Please note that refunds can take up to ten working days to appear in your account due to varying processing times between payment providers.

We will keep a record of your order and these Customer Terms & Conditions for a period of one year after we have accepted your order. However, for your future reference we recommend that you print and keep a copy of these Customer Terms & Conditions, your order and the Confirmation of Order.

We offer a flexible return policy to make your on-line shopping experience even easier. However, we do monitor the number of returns made and may refuse to accept orders at our discretion if Products are returned repeatedly.

Faulty Products

Products are faulty if they are received damaged or where a manufacturing fault occurs within 40 days of order. Products that are damaged as a result of normal wear and tear are not considered faulty. If you return a damaged or faulty Product we will refund the initial shipping charges paid by you in addition to the amount of the Product price and taxes, if applicable. To return a faulty or damaged Product, please follow the instructions above under “Returns.”

Governing Law and Jurisdiction

These Customer Terms & Conditions shall be governed by and construed in accordance with the laws of Malaysia.

Disputes arising from these Customer Terms & Conditions and your use of the website shall be resolved by binding arbitration as provided below. By agreeing to binding arbitration, you are hereby waiving the right to bring disputes to a court, including the right to trial by jury. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Any cause of action you may have with respect to your use of the website must be commenced within one year after the claim or cause of action arises.

Binding Arbitration and Class Action Waiver –

In the event of any dispute between you and us regarding these Customer Terms & Conditions and/or any Products or services purchased from the Website, you and MYND agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by e-mail to [email protected] . We will send any notice of dispute to you at the contact information we have for you. You and MYND will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court. 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at [email protected]  with “Arbitration Request” in the subject line.  

THIS WAIVER APPLIES TO CLASS ARBITRATION. You agree to arbitrate with MYND only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms of Use or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in Kuala Lumpur, Malaysia.

MYND Subscriptions

If you purchase a subscription at MYND, you will receive regular shipments of those products based on the frequency you choose. Your subscription will continue for each subscription period until you cancel. You will be charged each subscription period for the cost of the applicable products, plus shipping, handling, and sales tax. You may skip a subscription shipment, make changes to or cancel your subscription at any time, as set forth below. There is no additional fee associated with the subscription, and there is no minimum purchase obligation. AUTORENEWAL AND RECURRING CHARGES APPLY. By purchasing a subscription, you agree that MYND (or its third-party payment processor) may charge you an initial and recurring subscription fee, without further authorization from you, at our then-current subscription rate. You accept responsibility for all recurring charges and your subscription will continue until you cancel your subscription. We will notify you before each recurring charge. There is no minimum purchase obligation. CANCELLATION. You may cancel your subscription at any time. To cancel, log in to your MYND account, click the “subscriptions” tab, then click “cancel.”. If you cancel before the next recurring payment is charged, then your subscription will terminate automatically and MYND will not charge your payment provider for any subsequent subscription period. If you cancel while an order is in process (i.e., your payment has been charged but you have not yet received your shipment), MYND will continue to process your order; your subscription will terminate automatically after the last order is shipped. SKIP A SHIPMENT. You may also skip a shipment at any time. To skip a shipment, log in to your MYND account, click “subscriptions,” then “skip a shipment.” If you skip a shipment before your next recurring payment is charged, MYND will cancel the next scheduled delivery for your subscription and your payment method will not be charged for the skipped shipment. If you skip a shipment while an order is in process (i.e., your payment has been charged but you have not yet received your shipment), MYND will continue to process your order for that period and skip the following subscription period. After your skipped shipment, MYND will automatically re-start your subscription deliveries unless you skip the next shipment or cancel your subscription. Skipping a shipment does not cancel your subscription. MANAGE YOUR SUBSCRIPTIONS. You can manage or make changes to your subscriptions at any time, by logging into your MYND account, clicking “subscriptions” and following the prompts (e.g., view the status of your subscriptions, add or reactivate a subscription). Any changes you make will be reflected in your next shipment, except for changes initiated while an order is in process (i.e., your payment has been charged but you have not yet received your shipment), in which case they will be reflected after the current order has been completed. You agree that the we may terminate or suspend your subscription for any reason at any time in our sole discretion. MYND Wellness products are not intended to diagnose, treat, cure or prevent any disease.