Terms & Conditions
Terms of service:
This website is owned and operated by “Brilliant Co South East Asia” & “PEMY Sdn. Bhd.”. Throughout the website, the terms “we”, “us” and “our” refer to BrilliantCo offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
The listed Terms and Conditions are our copyrighted intellectual property. Unauthorised use by any third parties, for the commercial purposes of offering goods and/or services is not permitted. Infringements may be subject to legal action.
Unless stated/ modified in accordance with the provisions contained herein, this version of the Terms and Conditions valid at the time it was concluded and published shall apply.
General Conditions:
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
Privacy Policy:
Information We Collect
When you complete a transaction with us, register for an account or sign up for our newsletter through our services, we may collect or access some of your information, such as: your title and name, e-mail address, billing & delivery address, telephone number or mobile number, credit/ debit card / payment details (we only ask for these when you place an order, and do not retain the details), products purchased, and cookies information. Our use of cookies and similar technologies such as pixel tags are generally for operational purposes, website performance purposes, and enhancing functionality of the Services and advertising.
Purposes of Collecting Information
We use your information to provide you with the best user experience on our website. This includes the following, but may not be limited to:
1. Supporting delivery of the Services, prevent or address service errors, security or technical issues, analyse and monitor usage, trends and other activities or at your request.
2. Communicating with you to perform services by responding to your requests, comments and questions.
3. Communicating with you for billing, account management, administrative matters and other communications. We may need to contact you for transactional details, account management and similar reasons.
4. Sending you marketing information, which include advertisements and communications about our products, offers, promotions, events, and services.
5. Sending appointment reminders and otherwise assist in confirming or scheduling interactions with us (where applicable).
6. Conducting market research surveys.
7. Complying with any applicable law, regulation, legal process or government.
8. Preventing or providing assistance regarding security issues or illegal activities, including suspected fraud.
Sharing and Disclosure of Information
Brilliant Co SEA will not sell your personal information. We may share, transfer or disclose your personal information to or with third parties in order to provide the services or products requested by you, and under necessary circumstances. The third parties includes:
1. Third parties that process data on our behalf such as shipping company, credit card processing company, payment service provider(s), email service provider(s) and other third parties necessary in order to fulfil an order placed through the Services as well as those in connection with our marketing and business development efforts. These third parties are prohibited from using your personal information for promotional purposes.
2. Security, compliance with law, and fraud protection. We will disclose your information as we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. We will also share your information in order to investigate, prevent or provide help regarding illegal activities, including suspected fraud, or as otherwise required by law. We may also share your information to protect the rights, property, life, health, security and safety of us, the Services or any person or party.
3. Service providers that assist on better understanding the usage of the Services by users and improving on that experience. We will share information such as device, analytics, and usage data (which is traditionally not considered personal information) to these parties.
Children’s Privacy & Order Eligibility
To place an Order with Brilliant Co SEA, you must be over eighteen (18) years of age. If you are under eighteen (18), you may place an Order with Brilliant Co SEA only with the involvement of a parent or guardian. Brilliant Co SEA does not knowingly collect personal information from children under the age of 13. Parents or guardians of children under the age of 13 could request removal of relevant personal information by contacting our customer support.
Cookies
Please note that we also use cookies to provide you with the best user experience on our website; and may share information about your use of our site with our social media, advertising and analytics partners to personalise content and ads, provide social media features and analyse traffic.
Accuracy, completeness & timeliness of information:
We will not be held responsible should the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Brilliant Co SEA reserves the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications to the Service & Prices:
The prices and offers on/for our products are subject to change without notice.
Brilliant Co SEA reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
Brilliant Co SEA shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Accuracy of Billing & Account Information:
Brilliant Co SEA reserves the right to refuse any order that you may have placed with us. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Brilliant Co SEA reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
Prohibitions:
You must not misuse our platform. You shall not use any automated systems or software to extract data from this platform for any purpose. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the platform which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the platform. Any breach of this provision would constitute an offence under Section 233 of the Communications and Multimedia Act 1998. In the event such breach occurs, Brilliant Co SEA will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.
Jurisdiction:
The laws of Malaysia shall apply to the General Terms and Conditions.
Terms of Sale:
Registration
To place an Order, you can do so by shopping on our website. Alternatively for easy future access, you may also create an account with us. You must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the site.
You shall not misuse the site by creating multiple user accounts.
Formation of a Virtual Contract
1. The information set out in the Terms and Conditions and the details contained on this site do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Products shall exist between you and us until we have shipped the Products to your address.
2. To submit an Order, you will be required to follow the online shopping process on the site. After this you will receive an Order Acknowledgment which will act as an acknowledgement of our receipt of your Order. You acknowledge that the receipt of an Order Acknowledgment is not considered an acceptance of your Order by us.
3. An Order is only considered accepted by us upon your Order being shipped to the delivery address provided by you, at which time you will receive an email notifying you that the Order has been shipped. Please check on the order status via the provided tracking number (if any).
4. A Contract will relate only to those Products which we deliver to you. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times.
Price and Payment
Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this site are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products which you have ordered, we may, at our sole discretion, decide to cancel your Order. If this happens, we will notify you via email. If you have already paid for your Order, you will receive a full refund of the paid price in accordance with the refund timelines outlined in our Returns and Refunds Policy.
1. Where applicable, prices are inclusive of GST and are in Malaysian ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.
2. We are under no obligation to fulfil your Order if the price listed on the site is incorrect (even after your Order has been acknowledged by us).
3. You can pay using any of our payment partners listed on our site.
4. E-gift cards and promotional vouchers must be entered at the check-out page online only. Physical presentation of vouchers to Brilliant Co SEA personnel will not be accepted.
5. To minimise the risk of unauthorised access, we encrypt your card data. Once we receive your Order, we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorisation check has been completed. Your card will be debited once we have sent you the Order Acknowledgment. Cards are subject to validation checks and authorisation by card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery.
6. Upon authorisation of the payment, by clicking the “Order now” button you are confirming that the card belongs to you or that you are the legitimate holder of the e-gift card or the promotional voucher, and have sufficient funds or credit facilities to cover the cost of the Product.
Mistaken Orders
If you discover that you have made a mistake with your Order after you have submitted it to the site, please contact our customer care immediately. We will try our best to process your request.
Refusal of Order
We reserve the right to withdraw any Products from this site at any time and/or remove or edit any materials or content on this site. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein we may need to refuse to process an Order after we have sent you an Order Acknowledgement, which we reserve the right to do at any time at our sole discretion.
If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.
Shipping & Delivery:
FREE SHIPPING
Malaysia
Orders over MYR100 within East & West Malaysia
Estimated delivery time: 2 - 4 Working Days
Singapore
Orders over SGD99.00
FLAT SHIPPING RATE
We offer MYR5.99 flat rate shipping within West Malaysia, MYR13.99 within East Malaysia and MYR30.00 Singapore.
Estimated delivery time: 3 - 5 Working Days
Returns, Refund & Exchange:
30 Days Return
Our returns policy is simple, if you are not satisfied with your purchase for whatever reason, you will have up to 30 days to return it back to us for a refund, exchange or store credit. This is just a part of our service guarantee to our customer.
In order to process a Return/Exchange, you may send your query to cs@brilliantco.com.au with your Order number in the subject for reference.
Return & Exchange Terms & Conditions
1. All return shipping charges must be paid by the customer.
2. Items returned without authorisation will not be accepted.
3. The time frame for return & exchange must not exceed 30 days from when the original order was placed.
4. All items must be returned in their original condition, without scratches or signs of wear, and must not be resized or altered in any way.
5. When returning or exchanging items, customers must use a shipping method that has tracking on it. Returns or exchanges with no tracking will not be processed.
6. For return, any promotional gifts received must be included with the returned items. Otherwise, the retail price of the promotional gift will be deducted from the refund.
7. Due to reasons pertaining to hygiene, earrings cannot be returned.
8. Refund(s) will only be provided once both parties (seller and buyer) have come to an agreement after the item has been thoroughly examined by the jewellery specialist. (Conditional refunds apply).
9. Refund(s) will be credited to your designated bank account within 7 business days upon confirmation.
Any breakage, damage or gradual degradation of the jewellery due to normal wear, is not covered by this guarantee.
Entirety:
The Terms and Conditions herein shall apply to all orders made by the Buyer and the Contract, and shall set forth the entire agreement and understanding between the parties hereto as to the subject matter hereof and supersedes all prior agreements whether express or implied.
Complaints Management:
1. Brilliant Co SEA shall perform its obligations under these Terms and Conditions with reasonable skills and care.
2. We place great value on our Customer satisfaction. You may contact us at any time via our customer support We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint.
3. In the event of a complaint, it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Order number that was assigned to you in the Order Acknowledgment. In rare cases, your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. If you did not receive any response from us within five (5) Business Days, please make further enquiries.
Circumstances Beyond Our Control (Force Majeure):
1. We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation:
(a) Strikes, lock-outs or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks; and
(f) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
2. In the circumstance that the Force Majeure event lasts for more than one week, either you or we may terminate the Contract forthwith by written notice and without any liability other than a refund of a Product already paid for by you and not delivered.
3. If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion which Contracts we will perform and to what extent.
4. We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.
Indemnity:
You agree to indemnify, defend, hold harmless Brilliant Co SEA, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Platform or your breach of these Terms and Conditions.
Relationship:
Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
Third-party Links:
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.