Terms & Conditions
Anytime you interact with Baemont.com and/or BAE Capital Sdn Bhd (202001028034), such as when you visit our website, when you purchase products and services, or when you call our sales or support representatives you are agreeing to comply with and be bound by our terms and conditions. Please review the following terms carefully. If you do not agree to these terms, you should not use this website. The term Baemont or Baemont.com, “us” or “we” or “our” refers to BAE Capital Sdn Bhd, a limited liability company incorporated in Malaysia and the owner of the website. The term “you” refers to the user or viewer of our website.
Acceptance of Agreement
By using our site, Baemont.com, (the “Site”), you agree to be bound by these Terms and Conditions (“Agreement“). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site and making a purchase from us.
Baemont does not sell any enhanced or treated diamonds. All diamonds sold online are natural diamonds that have not gone through any enhancements.
All prices at checkout are in Ringgit Malaysia. We do not negotiate prices on our products and all our prices are final. We make significant efforts to assure the pricing on our website is accurate at the time of purchase. However, we do reserve the right to cancel any and all sales when an inaccurate or erroneous price is displayed. We cannot honor inaccurate or erroneous pricing. If we cancel a sale after checkout, we will refund the fee listed on the check out receipt in the same manner as payment was made. For example, Mastercard payment will be credited to the same Mastercard only. Our prices are also subject to change without notice. If a sale is canceled, the refund price represents the sole and exclusive damages available to you.
Baemont offers a low price guarantee. If you find a lower price on an item of identical size (dimensions and thickness) and quality in terms of the colour, cut, carat, clarity, we will beat it. The customer must provide verifiable proof of the competitor’s price, such as a link to their product or advertisement. It is up to the sole discretion of Baemont to determine if an item is of identical size and quality. Please note, coupon code or offers are not valid on any custom ring or jewellery item.
All products displayed are typically in stock and available. There are times however when an inventory error occurs and an item is not available. Baemont reserves the right to cancel an order or substitute another item of like appearance and value for the original item purchased.
Our Stance on Conflict Diamonds
All diamonds sold on Baemont.com are purchased from legitimate sources not involved in funding conflict diamonds, and in compliance with United Nations resolutions. Baemont herby guarantees that these diamonds are conflict free, based on personal knowledge and/or written guarantees provided by the supplier of the diamonds.
Item may appear larger or smaller than actual size due to photography methods or screen defaults. Images might also appear larger than actual size in order to show detail, or smaller than actual size in order to show an entire item. It is your responsibility to review the listed size and weight of each stone and not rely on photographs when determining your purchase.
Refund and Return Policy
Our Return Policy, as it may change from time to time, is a part of this Agreement and reflected fully on our website under “FAQ”. All returns must be accompanied by the original documents sent to the customer. We do not accept any return of a diamond made without the original diamond grading report. Please note, all insurance replacements are not covered through our Return policy.
While Baemont is happy to try and accommodate rush orders, a 10% restocking fee will be charged should the order be returned for any reason. The fee can be used as a credit towards any exchange or for a future order and never expires.
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes and shipping.
Our lifetime warranty program protects you against any manufacturing defects on our products. Any product sold by Baemont can be sent back to us in the event that a defect is found. If the defect is determined to have occurred during the manufacturing process, we’ll replace or repair the item at no cost to you. If Baemont determines that the damage was due to normal wear-and-tear, we will repair the product at cost, including the cost of shipping the repaired item back to you. It is up to the sole discretion of Baemont to determine if a defect is due to a manufacturing fault. The customer is responsible for any shipping costs incurred when sending products to us for inspection.
Our diamond upgrades program applies only to undamaged diamonds purchased from Baemont. It is up to the sole discretion of Baemont to determine if a diamond is undamaged and suitable for upgrade. The price of the original diamond must be less than or equal to RM20,000 at the time that it was purchased, and the price of the new diamond must be at least twice the value of the original diamond purchased. All diamonds returned for an upgrade must be accompanied by the original diamond grading report or certificate. Coupon codes or discounts are not valid for upgrades.
Custom Jewellery are designs for Jewellery, belonging to and submitted by customers (“Custom Design”). As such you hereby agree and certify that the Custom Design (i) are your designs and do not belong to anybody else, and (ii) are not subject to any protectable intellectual property rights (trademark, copyright, etc.) of others. Once a customer submits payment to initiate a custom design draft, the design charge is not refundable. Custom jewellery items will not be cast and manufactured until the customer approves the drawings in writing via certified mail or email. Once the customer approves the drawings, the custom item is not eligible for return or replacement. Due to the intricate and labor-intensive nature of many custom jewellery items, any delivery estimate provided by a Baemont representative, whether oral or written delivered by any medium, is merely an approximate date, and is not a guaranteed date for delivery. Actual delivery dates may vary, up to 10 business days from the delivery estimate date. Custom jewellery is covered by our lifetime warranty and care and maintenance programs. Baemont owns all designs, renderings, drawings and models submitted to or created by our employees and/or our designers. By submitting and casting your Custom Design, you hereby grant Baemont an irrevocable, perpetual, nonexclusive, royalty-free, fully paid-up, worldwide license to use, copy, modify, and display any portion of the Custom Design incorporated into any Custom Jewellery developed and delivered by you. We reserve the right to market, publicize and share any and all designs and images of the Custom Design, which website display may can differ from the pictured stock images on the site. You hereby undertake that if Baemont gets charged or accused of violating somebody else’s protected intellectual property as a result of Baemont’s production of the Custom Design, you hereby agree to indemnify and hold harmless Baemont/BAE Capital Sdn Bhd, its officers, directors, shareholders, employees or agents (the “Indemnified Parties”) from any and all liabilities, losses, damages, claims, suits, judgments, costs and expenses (including reasonable legal fees and costs of any investigation or action related thereto) (“Losses”) suffered or incurred by the Indemnified Parties (i) as a result of the Indemnifying Party’s failure to disclose the source of any protected Custom Design; or (ii) from the breach or incorrectness of any representation about the source of the Custom Design made by the Indemnifying Party. The Indemnifying Party must be promptly notified in writing of any Claim within such time as is reasonably necessary to allow the Indemnifying Party to respond to the claim prior to any legally-required deadline (and in any event, no later than thirty (30) days after notice of such claim) for which indemnification is sought. The Indemnified Parties shall have sole control over the defense and settlement of any claim for which indemnification is sought and both Indemnified Parties and Indemnifying Parties shall reasonably cooperate with each other and their representatives in the investigation and defense of the Claims.
Any ring purchased from Baemont can be sent back within 60 days from the date of purchase for a free resizing. After 60 days, we will resize the item at cost, including the cost of shipping the item back to you. The customer is responsible for any shipping charges incurred when shipping the item to us for resizing.
Use of Information
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorised use.
Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right to correct or remove any and all errors when they occur. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Unlawful Activity, Compliance with Law, and Fraud Protection
Baemont may collect and disclose any information, including personally identifiable information, we deem necessary, in our sole discretion, to comply with any applicable law and regulation, government request, or legal process. In addition, we may collect and share personally identifiable information and any other information available to us in order to investigate, prevent or take action regarding suspected fraud, illegal activities, and situations involving potential threats to the physical safety of personal or as otherwise required by law. We may also exchange information, including personally identifiable information, with other organisations or law enforcement officials for credit fraud protection and risk reduction.
Third Party Content
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
The content, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed herein, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties. Baemont.com is registered exclusively to BAE Capital Sdn Bhd.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at [email protected]. .
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Restrictions and Prohibitions on Use
Linking to the Site
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
Advertisers and Vendors
The Site may contain advertising sponsorships and third party vendors. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s, sponsor’s, or vendor’s materials.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable legal fees, related to your violation of this Agreement or use of the Site.
Regardless of the terms of this Agreement, Baemont reserves the right to terminate or block your use of our Site or services at our sole discretion. This may include preventing your ability to make purchases on our site or refusing to fulfill an order of our products made by you. In the event that we do not fulfill an order, a refund will be issued to you in the same form that payment was submitted.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE, OUR AFFILIATED PARTIES, AND THIRD PARTY VENDORS HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED HEREIN. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ONBREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
Limitation of Liability
We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of us or any Affiliated Party (f) damages as a result of a cancelled order or refunded item. THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED RM100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
This Agreement (including all the policies and FAQs published on the Site) contains the whole agreement between you and Baemont relating to its subject matter at the date hereof to the exclusion of any terms implied by law which may be excluded by contract and supersedes any previous written or oral agreement between the parties in relation to the matters dealt with in this Agreement.
This Agreement and the documents to be entered into pursuant to it (unless otherwise expressed in such documents) shall be governed by and construed in accordance with the laws of Malaysia.
You irrevocably agree that the courts of Malaysia are to have jurisdiction to settle any disputes which may arise out of or in connection with this Agreement and the documents to be entered into pursuant to it and that accordingly any proceedings arising out of or in connection with this Agreement and such documents shall be brought in such courts.
You irrevocably submit to the jurisdiction of such courts and waive any objection to proceedings in any such court on the ground of venue or on the ground that proceedings have been brought in an inconvenient forum.