Welcome and Thank you for shopping online with niYung.

By accessing our website (“the Site”), you confirm your understanding of the Terms and Conditions and agree to accept responsibility for all activities conducted through your account.  The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time.  Changes will be effective when posted on the Site with no other notice provided.  Please check these Terms and Conditions regularly for updates.  Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

We try our best to make sure that all information on our Site, including descriptions of our products and listed prices are accurate at all times.  However, if we do make a mistake we’ll try to resolve it as soon as possible, and if we spot that an error has affected your order we’ll do our best to let you know.

When browsing the Site the colours of products may vary depending on a few factors in your display settings. Pictures and images on the Site are for illustration purposes only.  For an accurate description of any product and details of what is included with the product, please read the product description.

Registration

You will need to register an account to use some of the Services available on the Site.By having an account with us, you will be able to check your order history and save your shipping address to make your next purchase faster and easier.In registering an account you agree to provide information about yourself that is true, accurate, current and complete in all respects.Please refer to our Privacy Policy for more information on how we use your personal data.We reserve the right to only accept orders from persons who are aged 18 or over.

In using the Site, you agree to accept responsibility for all activities conducted through your account.You are responsible for keeping your account and password secure.If you feel or suspect that the security of your account has been compromised or that there is unauthorised use your account, please contact us immediately.

We may make changes to these Terms and Conditions from time to time and without prior notice.We will post the updated Terms and Conditions to the Site.You are advised to regularly check for changes, and to carefully read the Terms and Conditions prior to placing any order.

Use of the Site

You agree that, by placing your order, you have read and unreservedly accept the Terms and Conditions.  Further, you agree that:

  1. You may only use the Site to make legitimate enquiries or orders.
  2. You will not make any false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
  3. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should be necessary (see our Privacy Policy).
  4. If you do not give us all of the information that we need, we may not be able to complete your order.
  5. The Site is for your personal use only. You may not purchase goods from the Site for reselling purposes of commercial exploitation.

 

Prohibitions and Failure to Comply:  We may take actions against your account for activities including, but not limited to:

  1. Using any technology to attempt to hide the use of multiple accounts or disrupt any of our Services in any way;
  2. Initiating communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material;
  3. Advertising or sending unsolicited messages of any kind; or
  4. Impersonating others or providing any kind of false information.

We reserve the right to terminate any account at our sole discretion.  We may send you an email to inform you of the termination of your account in such event.

Placing your order

Your order counts as an offer to purchase goods from us.

Enter information in all the required fields for your online order.  Once you have chosen one of our products in the colour and size of your choice, you can add it to your shopping basket by clicking on “Add to Cart” in the product description page.  You can easily retrieve and modify the content of your shopping bag by clicking on the shopping basket symbol in the top right-hand corner of the page.  Items in your shopping basket are not reserved and may be purchased by other customers.  To check your selected products, click on “Checkout” and follow the step-by-step process.

Please note that we process your order as soon as we receive it, therefore we are unable to cancel or change your order once your order has been placed.

As soon as we have received your order, we will send you an automated email acknowledging receipt.  Please note that the order amount has not been deducted from your credit card yet.  Payment for order will only be captured when your order is shipped.

As soon as your order is delivered, you will receive a delivery confirmation email which also serves as your order confirmation.  We will take 1-2 working days to prepare your order, and you will receive your order within 14 working days upon order.

Product availability

We show all products available at the time of your order on its Site.  If a specific product is sold out, we are not able to re-order it for individual customers.  We, however, attempt to replenish stocks of sold-out goods.  Please try again at a later point in time.

 

Pricing errors

If we discover an error in our pricing, we will inform you as soon as possible and you will then be given the option of canceling or re-confirming your order at the correct price.

If for any reason we are unable to contact you using the contact details you have provided, we will treat the order as cancelled and notify you by email.

Order acceptance

Your order will be accepted and the contract between you and us will be completed when we send you an email to confirm the goods have been dispatched to you.

Although we hope to be able to supply all products ordered, we reserve our rights not to accept an order for any reason at our sole discretion.  Such reasons include, but are not limited to, any of the following:

  1. The product you ordered is out of stock, or is withdrawn due to its failure to meet our quality standards or due to the shipping or import restrictions applicable to one or all of the ordered items;
  2. We identify a pricing or product description error;
  3. We cannot deliver one or all of the ordered items to the address provided by you;
  4. Your order is flagged up by our security system as an unusual order or an order susceptible to or suspected of fraud;
  5. We are unable to obtain authorisation for payment;
  6. You do not meet the eligibility criteria to purchase as set out in these Terms and Conditions; and/or
  7. g. Due to circumstances or events beyond our control.

If we refuse your order we will let you know as soon as reasonably possible.

Ordering

If you do not receive a confirmation email as expected, please check your spam folder.If you do find the email in your spam folder, you can avoid this problem in future by adding our email address to your contacts.Please get in touch with our customer service if you do not receive an email as expected.

Confirmation Email

You can use the confirmation email to track the progress of your order.  You will receive email messages in the following cases:

  1. When we receive your order
  2. When we deliver your order

Payment

We accept payments made by Visa, MasterCard, Pay-88 and Paypal.  By placing an order using one of the abovementioned payment methods, you authorise us to process a charge or charges on your credit/debit card in the amount of the total purchase price of your order and confirm that the payment account used is yours or that you have been authorised by its owner to use it.  If your card issuer refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

The expression Ringgit Malaysia and the abbreviation “RM” shall mean the lawful currency of Malaysia.  If your credit/debit card is not denominated in Ringgit Malaysia (RM), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate provided by your agreement with the issuing bank.

The product prices shown do not include the delivery, shipping fees, custom duties and taxes which will be added to your total order price.

 

Delivery

Delivery of Goods shall be made to the address specified by the Buyer in its order.  You can expect deliveries to arrive within 7-14 working days.

In case no one is there to receive your order, you will receive a card informing you of the attempted delivery along with details on where and when to collect your package.  Packages not collected within 7 days will be returned to sender.  For further enquiries, please contact customer@niyung.com

Those ordered products for delivery to countries outside of Malaysia may be subject to import laws, custom duties, taxes and fees applied or levied by the destination country, which are not included in the price of the products.  We have no control over these laws and charges and do not guarantee the ordered products meeting local import laws, custom laws and/or duties and taxes, or assume responsibility in relation to such laws, duties or taxes.

The “delivery” shall be deemed to have occurred or the goods shall be deemed to “have been delivered” upon signing for receipt of the products at the agreed delivery address.  If the recipient or collector is not the original purchaser, or in case of delivery of a gift, then you accept this signature as an evidence of delivery and fulfillment of your order by us.

If we are unable to deliver the goods, we will process your refund less delivery, shipping fees, custom duties and taxes as soon as possible.  We will refund and money received from you using the same method used to make payment.

Risk and Title

The products will be at your risk from the time of being dispatched to the address indicated by you.  Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including shipping/delivery charges, or upon delivery, should this be later.

Returns of defective products

We offer FREE returns of any UNWORN or defective garments, if the merchandise is returned within 30 days from the original ship date.  To ensure you receive a full refund remember to:

  • Keep all hangtags attached to unworn garments.
  • Try garments with a crotch on over your own clean underwear.
  • Remove jewelry before trying on lingerie.  Our lingerie is made from fine and delicate fabrics, which can snag and tear easily.
  • Prevent perfume, smoke and deodorant from damaging garments.  Damaged items may not be returned.

** Important Note:- All panties for sanitary reasons are not returnable.

Products must be in original condition and must be returned in the original undamaged box and/or packaging.

You can make a return by mailing to us.  Please note that we will not be able to provide a refund on any shipping fees, customs duties, taxes and/or fees levied or charged for the original order.  You will be responsible for the costs, customs, taxes and fees of returning the product to us.

No exchange service is available for purchases made through the Site.  We reserve the right to reject returns sent or communicated beyond the return period limit, or items (and their packaging) which are not in their original condition.

In circumstances where you consider the product defective, you should promptly contact us via customer@niyung.com.

Upon receipt of the returned product, we will fully examine it and notify you of your right to a replacement or refund (if any) via email within a reasonable period of time.  In case of existence of any defect, defective products will be refunded in full, including a refund of the delivery charges and any necessary and reasonable costs incurred by you in returning the item.  We will make the refund using the method that you used to make payment.

The item is your responsibility until it reaches us.  You are highly recommended to send the parcel using a delivery service that is trackable.

We will process your return request as soon as we receive your return parcel.  We therefore require you to allow us at least 14 working days to receive and process your return.

Intellectual Property

All software and Content (which is defined as, or includes, any text, software, scripts, code, designs, audio or music, video, graphics, photographs, images, applications, interactive features and all other content on the Site) are our intellectual property and are protected by the intellectual property laws of Malaysia and international treaty provisions.

All intellectual property on the Site is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us.  All Content on the Site (except of user generated content), is a collective work under the copyright laws of Malaysia and other countries and is our proprietary property.

You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without our prior written consent.

The Site is for your personal and non-commercial use only.  Any non-personal and/or commercial use of the Content is only permitted when expressly authorised by us and/or third party licensors.

You may not distribute, reproduce, publish, sell or license any Content without our prior consent or authorization.  Any such unauthorized actions may result in civil consequences or criminal penalties.

We reserve the right to withdraw, suspend or amend any item of the Services without notice.  We will not be liable if for any reason the Site is unavailable at any time and for any period.

Third Party Links

The Site may include links to other website or resources that are not operated or prepared by us.  We have no control over such sites and resources and we will not accept responsibility for them or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of them.

We are not responsible for the content or accuracy of any off-Site pages, which include but are not limited to advertisers of the Site.  Use of these external websites or resources will be at your own risk and subject to the terms of use and service contained within each of such sites.         

 

Liability

Our liability in connection with any product purchased through the Site is strictly limited to the purchase price of that product.

Views expressed or representations made in any media by the designers, companies or third parties, whose products are sold on the Site or with whom we are associated, are their own.  We take no responsibility for any such views or representations as they do not necessarily reflect ours.

We do not guarantee that the use of the Site and its Services will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components.  We recommend all users of the Site to ensure they have up-to-date software, including anti-virus, installed.  We do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted.

Events beyond our reasonable control

We will not be liable or responsible in part or in whole for any failure to perform, or delay in performance of any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”) in light of the impact of such Force Majeure Event.  A Force Majeure Event refers to the objective circumstances that are unforeseeable, unavoidable and insurmountable.

Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of data that results from the download of any material from the Site.

We may also have links from the Site to other third party websites; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites.  Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.

Indemnity and Waiver

At our request, you agree to compensate us fully and hold us (including our officers, directors, agents, affiliates, licensors, and suppliers) harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms and Conditions by you.  This includes, but not limited to, the use of the Site by any other persons using your account with or without your authority.

If you breach the Terms and Conditions and we take no action against you, it is no wavier for us to exercise our rights and remedies in any other situation where you breach the Terms and Conditions.  No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Termination

We reserve the right to suspend or terminate your account without prior notice to you (and delete the profile corresponding to such account and any accompanying content) or your use of the Site at any time, for any reason (but without the obligation to disclose such reason).  We reserve the right to change, suspend, or discontinue all or any aspect of the Site, products and services available on or through the Site at any time without notice.  You are personally liable for any orders that you place or charges that you incur or are made under your account prior to termination.

Any clauses of these Terms and Conditions that must survive termination in order to give effect to their intent and meaning shall survive termination of your account.

Severability

If any provision of the Terms and Conditions is found to be unlawful, void or for any reason unenforceable, such provision will be deemed severable from the Terms and Conditions and will not affect the validity and enforceability of any remaining provision.

Assignment

You may not assign, transfer or sublicense any or all of your rights or obligations under the Terms and Conditions without our express prior written consent.

Governing Law and Jurisdiction

These terms and conditions together with all our policies and procedures, are governed by and construed in accordance with the laws of Malaysia.  The relevant courts of Malaysia will have exclusive jurisdiction in the event of any dispute or claim arising therefrom or associated therewith.

Enquiries

Please contact our customer care at customer@niyung.com for any order related enquiries, comment or complaints.

Privacy Policy

1) Preface

This privacy policy, our Online Terms and Conditions of Sale and any other documents referred to on it, sets out the basis on which any personal data we collect from you that you provide to us, or that is disclosed to us, will be used or disclosed by us.  Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

This privacy policy applies to all personal data that you may provide to us and the personal data we hold about you.  By providing us with your personal data, you shall be deemed to have agreed to each and all of the terms, conditions and notices in this privacy policy.  If you do not agree, please do not provide any personal data to us.

2) How We Use The Information We Collect From You

We collect, use and disclose personal data held about you to carry out our obligations arising from any contracts entered into between you and us, to provide you with information that you request from us and, where you have consented to be contacted for such purposes, to send you our latest promotions.  We may disclose your personal data to third parties for such purposes.

We will only disclose your personal data to third parties as set out in this privacy policy and we will not sell your personal data to anyone.

We collect, use and disclose the following personal data about you:

a. Customer account and orders

We collect information that you provide by filling in forms on the Site.  This includes information provided at the time of setting up a customer account to use our Site or ordering our products.  We may require the following information for the setup of your customer account: your name, home address, date of birth, email address and a password.  You can also register a separate address for delivery of the products.  Your email address also serves as your user identification for your customer account.  You can modify your information at any time by logging into your account.  Your information will be stored in our customer data base when you click “Registration”.

Following registration, you will receive automatic confirmation by email that your customer account has been set up.  You must keep your user identification and password confidential and not share it with anyone.

We keep details of transactions you carry out through our Site and of the fulfilment of your orders.  We may use various third party service providers to manage the Site or process your orders.  These service providers process your personal data only on our behalf and according to our instructions and we remain responsible for protecting your privacy under the Personal Data Protection Act 2010 (“PDPA”).

Also if you contact us, we may keep a record of that correspondence.

We use your personal data for the purposes of serving you.  This includes, where applicable, providing you with the products and services that you have requested e.g. notifying you regarding the status of your order or delivery, ensuring that your transactions on the Site are safe and secure, providing you with a convenient shopping experience, contacting you for feedback after a sale of a product, and resolving any problems or disputes you may encounter in relation to our products and services.

We may also use your personal data for purposes connected or relevant to our business, such as researching and developing new products and services or improving existing products and services, carrying out research, planning and statistical analysis, and staff training.

b. Newsletters

If you have consented to this, we may use your personal data to send you a newsletter which provides you with information about us and our products which may be of interest to you.  We may send this newsletter electronically (by email or SMS) or by post.  We may also analyse and rely on your overall interaction with us (such as but not limited to your shopping behaviour in e-shops, your use of loyalty programmes, your ratings and reviews of products, your contact history with our customer service, your newsletter clicks / opening results, your surfing behaviour (web tracking) and your participation in promotions or events, your interactions with us and your use of (mobile) applications), in order for us to provide you with information in the newsletter about products and services which may be of special interest and relevance to you.

If you do not want us to use your personal data in this way, please do not tick the relevant box situated on the form on which we collect your personal data.  You have the right to withdraw your consent at any time by contacting us at      (?)     .

We may use third party service providers to process and send our newsletters.  Any such service provider would process your personal data only on our behalf and according to our instructions and we remain responsible for protecting your privacy under the PDPA.

c. Disclosure of your information

If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Online Terms and Conditions of Sale and other agreements; or to protect our rights, property, or safety, our customers, or others.  This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

 

d. Site Visits, IP Addresses and Cookies

We keep details of your visits to our Site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers.  This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer.  Cookies contain information that is transferred to your computer’s hard drive.  They help us to improve our Site and to deliver a better and more personalised service.  They enable us to estimate our audience size and usage pattern, to store information about your preferences (and so allow us to customise our Site according to your individual interests), to speed up your searches, and to recognise you when you return to our Site.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies.  However, if you select this setting you may be unable to access certain parts of our Site.  Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our Site.

3) Where And How We Store Your Information

The personal data that we collect from you will be stored and processed by a data processor location in Malaysia.  By submitting your personal data, you agree to this storing and processing.  We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this privacy policy.

Any payment transactions will be encrypted using SSL technology.  Unfortunately, the transmission of information via the internet is not completely secure.  Although we will do our best to protect your personal data, we cannot guarantee the security of your information transmitted to our Site; any transmission is at your own risk.  Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

 

4) Your Rights

You have the right to ask us not to use your personal data for marketing purposes.  We will usually inform you (before collecting your personal data) if we intend to use your personal data for such purposes.  You can exercise your right to prevent such use by checking certain boxes on the forms we use to collect your personal data.  You can also exercise the right to withdraw any consent you have given us, or to update or access your personal data at any time by contacting us at   (?)                   .

Our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

 

5) Changes To Our Privacy Policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by email.