Who Is Guess?
We are FJ Benjamin (M) Sdn. Bhd, a Franchise Partner of Guess Limited. We operate the website at Guess.my (the "Site") and when you buy a product from the Site ("Product"), you buy it from FJ Benjamin (M) Sdn. Bhd .
FJ Benjamin (M) Sdn. Bhd. is a company registered in Malaysia with company registration number 25364-A. Our registered office is FJ Benjamin (M) Sdn. Bhd, Menara Panglobal, 10_08/12, Jalan Puncak, Kuala Lumpur, 50250 Kuala Lumpur, Federal Territory of Kuala Lumpur, Malaysia
If you need to contact us, please see our Contact us page for a list of the different ways you can reach us.
Why We Have Terms & Conditions
We have terms and conditions ("T&Cs") for a few different reasons:
- they contain the rules which apply to your use of the Site, including material you might upload to the blog and in reviews;
- they set out all the rules which apply to your purchase of a Product; and
- they contain information which we need to tell you, for example your rights under the Consumer Protection Act 1999 of Malaysia.
If you use the Site, purchase a Product or upload any material onto the Site, you are confirming that you agree to the T&Cs. They are legally binding on us both. Kindly read through them and please feel free to print or save a copy. Please contact us if you have any queries.
The T&Cs go hand in hand with some other documents which contain other important information:
- our Delivery Policy, where we tell you about delivery options for a Product and any restrictions on where we can deliver or extra charges ("Delivery Policy"); and
- our Returns Policy, where we tell you how to return a Product in certain circumstances including because you have changed your mind under the Consumer Protection (Fair Trading) Act of Malaysia
Ordering A Product From Us: How The Contract Works
When we sell a Product to you, just like all purchases, there is a contract in place for that sale. This section of our T&Cs explains how that works.
Your order via the Site for a Product is an offer to buy that Product from us. When we get your order, we will send you an order confirmation email listing each Product you have requested to buy and an estimated delivery date.
This order confirmation email is an acceptance of your offer by us. At that point a contract will be made between us for you to buy, and for us to sell, the Product that you have requested to buy.
Once we have despatched your order, we shall inform you by sending you an email.
Price And Payment
The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error. These prices exclude delivery costs, which will be added to the total amount due. See our Delivery Policy for more information on this.
The website products will be available on various promotional prices as per the discretion of our company. You would pay the exact price as listed on the time of making the purchase. Should there be a price adjustment post your purchase, the company reserves its rights in respect of such changes.
We accept payment via all major credit cards.
By placing an order on the Site, you confirm that the payment details provided by you are valid and that when your order is accepted and processed by us, payment will be made in full.
Availability and Delivery Of Products
Delivery dates are estimated and are not guaranteed. Subject to stock availability, we aim to despatch earliest possible so the order is delivered to you within our promised timeline.
We will always try to fulfil orders, but our only responsibility to you where a Product is no longer available, or if we are unable to supply a particular Product for whatever reason, is to make sure we do not charge you for the Product.
Our standard MY delivery service is free for all orders above RM650. If you select an express delivery method there will be a delivery charge. There will be different delivery charges depending on your location in Malaysia.
If you would like to know more about delivery options, prices and restrictions, please see our Delivery Policy.
“I’ve Changed My Mind About My Order – I’d Like To Return A Product For A Refund”
If you are not completely satisfied with your purchase, simply return the item(s) to us in their original condition within 30 days of receipt. For more details kindly refer to our Return Policy.
The Consumer Protection Act of Malaysia only applies to certain categories of products, that means you cannot change your mind and send back and they are as follows:
- Products that have been personalised for you, including items that have been tailored or altered by you
- Products that, by their nature, cannot be sent back (e.g. swimwear and underwear, socks, )
Outside of the above 2 points, should you change your mind, you must return the Product to us. Until you have decided whether to send a Product back to us, remember that the Consumer Protect (Fair Trading) Act places a duty upon you to take good care of them.
This does not mean you cannot try the Product on or inspect it to see if it is right for you. All we ask is that you treat our Products with the similar reasonable care as you would in our stores. As such, please try to keep the tags on and retain the original packaging as neatly as you can.
You will not be responsible for the cost of sending the Product back to us if you change your mind as long as you use our recommended delivery service, details of which are given in our Returns Policy.
Products must be returned in original packaging along the tags. We have the rights to reject the returns based on misuse of return policy or products stained, damaged and/or non-sellable condition.
Full details on returns can be found in our Returns Policy.
We will issue you with a refund within 14 days of receipt of the product. The refund will be issued via the payment method you used to place the order.
“I Like The Product I’ve Ordered – But I’d Like A Different Size/Colour”
We do not have an exchange policy. If you wish to exchange a product, kindly return the product and make a fresh order.
Problems With Your Order
It is important that each Product’s use and care instructions are followed properly.
For garments, it is important that washing instructions are followed exactly as stated on the label. Each garment is wash-tested thoroughly and quality-checked on each production batch prior to leaving the manufacturer. For accessories, it is important that manufacturers’ instructions about any restrictions on use are followed.
It is your responsibility to take reasonable care of the Product you have bought. We are not responsible to you to the extent that the problem with your Product is caused by your incorrect use or care.
“I have received a faulty Product”
If you think the Product you received is faulty, please contact our customer service team by email at email@example.com. Our team will advise you further. Please include as many details as possible about the fault.
“I have received an incorrect Product in my order”
If you have received an incorrect Product in your order, please contact our customer service team at firstname.lastname@example.org. Our team will then advise you on how to proceed with the return. Please include as many details as possible about the incorrect item.
“A Product is missing from my order”
If the packing note states an item should be in your parcel but it is not, please contact our customer service team at email@example.com.
Our Responsibility To You
We have taken every care in the preparation of the material on our Site. However, the material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy or suitability for any particular purpose. If you notice any issues, kindly let us know.
If the need arises, we may suspend access to our Site to carry out routine or emergency work. We will not be responsible if for any reason our Site is unavailable. We will not be responsible to you for any errors or omissions, or any technical problems you may experience, or any use you make of the material on the Site, any websites linked to it or any materials posted on it.
If we are in breach of these T&Cs, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you order the relevant Product or the time you otherwise use the Site.
Our total responsibility to you in relation to an order placed by you for a Product will be limited to the amount paid by you for the Product.
Because we sell Products for personal use only our responsibility to you shall not for any reason include any business losses such as lost data, lost profits, lost sales or business interruption.
Your Use Of The Site
FJ Benjamin (M) Sdn. Bhd, is a Franchise Partner of Guess Limited. The owners or the licensees retain all rights of all trademarks, and all other marks, trade names, brand names, business names, illustrations, images, logos, registered or unregistered designs, copyrights and other intellectual property rights which appear on our Site.
You are licensed to use the material on the Site on a very limited basis: just to use the Site as intended and in accordance with these T&Cs for your own personal, non-commercial use. You may not otherwise copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any part of our Site.
Some areas of the Site allow you to enter content. We want everyone using the Site to have a good experience, so you agree that your content (“Content”) will not:
- contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
- promote sexually explicit material, violence or discrimination based on race, sex, religion nationality, disability, sexual orientation or age;
- infringe any copyright, database right, or trade mark, or any other intellectual property rights of any other person;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or
- be used to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material.
Who owns the Content
By submitting Content you are granting us (and our group of companies) a perpetual, royalty-free, non-exclusive, irrevocable licence to reproduce, modify, translate, make available, distribute and sublicense the Content in whole or in part and in any form, including for marketing purposes in our own materials and on social media.
You agree to indemnify us in respect of all losses, costs and expenses reasonably incurred by us, all damages awarded against us by a court and all sums paid by us as a result of any settlement agreed by us because of:
- any claim by any third party that your Content is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or is in breach of any applicable law, regulation or code of practice;
- any claim by any third party that your Content infringes that third party’s copyright or other intellectual property rights; and
- any claim by any third party that your Content breaches any confidentiality or privacy rights.
Removal of Content
We reserve the right to refuse to post Content on the Site or to remove Content already posted on the Site, although we do not actively moderate content posted.
You must not try to re-post Content that we have refused to post on the Site or that we have previously removed from the Site.
Viruses, Hacking, Scraping
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful. You must not attempt to gain an unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 2007. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
Third party services
We may from time to time make available through our Site certain services provided by third parties. To gain access to these services, you must register with these third parties and deal with them direct.
We have no control over the content of those third party sites or the performance of these services. Accordingly, you use these services at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
Events outside our control
We will not be responsible for any failure to perform, or delay in performance of, any of our obligations towards you that is caused by events outside our reasonable control including Acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute, or acts of local or central Government or other competent authorities.
If any of these terms and conditions is held to be invalid, the remaining terms and conditions shall continue to be valid to the fullest extent permitted by law.
These T&Cs contain the whole agreement between us and you relating to the supply of Products and/or your use of our Site. No additional terms or conditions requested or communicated in any way by you will form part of our contract whether accepted or not by an employee of ours.
Our right to vary these T&Cs
We may revise and amend these T&Cs from time to time. You will be subject to the terms and conditions in force at the time that you order Products from us or otherwise use the Site.
Law and jurisdiction
These T&Cs are subject to Malaysian law, and you agree to submit to the exclusive jurisdiction of the Malaysian courts.
Your Legal Rights
We are under a legal duty to supply products that comply with the contract for the sale of products between you and us. We want you to be completely happy with your purchase so if your goods are faulty we will refund you or replace them for up to a year from purchase in most cases, just contact our customer service team by email at firstname.lastname@example.org.
See below for a summary of your key legal rights in relation to the product. Nothing in our terms will affect your legal rights.
If you are not satisfied with your purchase you can return it in accordance with our Returns policy. If you are not happy with the response you receive or anything else about your experience with Guess you can contact our customer services team directly by email at email@example.com.
Once our customer services team receive your complaint we will send you an acknowledgement email within 3 working days.
If you do not feel that your complaint has been fully resolved when you receive the final response from our customer services team please let our customer services team know and they will refer your complaint to our complaints team. Our complaints team shall then follow up with you accordingly.