Online Terms and Conditions
TERMS OF SALE (Version: September 2023)
Please read these Terms of Sale which
govern all orders and purchases of the products (“Products”) through
this Platform and any of our official stores carefully. These Terms of Sale may
be updated by L’Oréal Malaysia Sdn Bhd (Co. No. 199401042730 [328418-A]) (“L’Oréal”, “our”, “us”, or “we”) from time
to time, and by placing an order for the Products through this https://www.kiehls.com.my/ platform (“Platform”), User (“User”, “you” or
“your”) hereby accept and grant us your consent that your order,
purchase, and delivery of the Products, and any personal information you
provide in connection with the order, purchase and delivery shall be governed
by the latest version of these Terms of Sale, the Terms of Use and our Privacy Policy.
1.
ELIGIBILITY
(a) To be able to make purchases of the Products through
this Platform, you will be required to provide us with your personal details. In particular, you will be required to provide us with your
name, postal address, e-mail address and/or other contact details as indicated.
(b) The information or personal details that you provide us
shall be processed in accordance with our Privacy Policy in the context of your
order. When you use our Platform, you agree to the processing of your
information and details, and you confirm that all information and details
provided by you are true and accurate. Please be informed that we cannot place
or process your order if you do not provide the information which we request
for.
(c) When you place an order on our Platform, you confirm that
you are over the age of 18 years and
are legally eligible to enter into binding contracts.
If you are under 18 years of age, you may only place an order with the consent
of your parent or guardian, and any use of our Products and services purchased
through the Platform shall be deemed to be with consent of your parent or guardian.
If you do not have consent from your parent or guardian, you must stop using
the Platform and our Products.
2.
PERSONAL
USE
(a)
All Products (including
samples) are intended for your personal and non-commercial purpose only. They
shall not be used in any professional capacity and must not be re-sold.
(b)
If we reasonably believe
that our Products may be used for any purpose in contravention of section 2(a),
we reserve our right not to fulfil the contravening order(s).
3. PRODUCT INFORMATION
(a)
The Platform contains
text, code, software, video, music, sound, graphics, photographs,
illustrations, artwork, names, logos, trademarks, service marks and other
material (“Content”) in relation to
our Products.
(b)
From time to time, we
may publicize contests, campaigns or make promotional discount codes or other
offers available for Products purchased via the Platform (e.g.
gift with purchase). The participation in contests, or,
particular use of those codes or offers (including specific terms or conditions)
will be described on the Platform at the time they are made available.
(c)
While we will do our
best to ensure the Platform and its Content is accurate, we do not guarantee or
give any warranty that it is complete, accurate or fully up to date. For example,
photos of the Products are for illustration only. We aim to ensure that the
shade and image of our Product photos accurately represent the Products as
purchased. However, variations can occur for things like colour
and transparency or how opaque a product looks when used, particularly because
of technical limitations in reproducing colour on
screens. As a result, we do not recommend that you only rely on the photos on
the Platform. To the extent permitted by applicable law, we will not be liable
for errors, variations or inaccuracies in Content on
the Platform.
(d)
All Products should be
used strictly in accordance with their instructions, precautions
and guidelines. You should also check the ingredients of the Products to
identify any sensitivities and to avoid potential allergic reactions.
(e)
Please consult your own
physician or a qualified medical professional regarding the use of our
Products, or information received from the Platform before using or relying on
them. Your physician or qualified medical professional should address any and all
medical questions, concerns and decisions regarding the possible treatment of
any medical condition. L’Oréal does not give or intend to give any answers to
medical related questions and should do not be used to replace any medical
professional or medical resource. L’Oréal does not represent itself as a
physician nor is this implied. No prescription medications or medical
treatments are intentionally provided on Platform. If you experience any adverse reactions from using our Products, use of
the Products should be discontinued and you should seek
immediate medical attention.
(f)
If you suspect that you
are experiencing an adverse reaction caused by the use of
our Product, please get in touch with our consumer advisory team at [email protected].
(g)
In the event that the Product you receive is defective or incorrect, section 7 of
these Terms of Sale shall apply.
4. ORDERS
(a)
Any orders placed and
received on business days (Monday to Friday, excluding public holidays) are
processed on the next working day in the order in which they are received. Orders
placed and received on weekends (Saturday or Sunday) will be processed on the
next business day (Monday).
(b)
If you wish to place an
order with us, and you have added the Products you wish to purchase to your bag
on the Platform, click on “Checkout” and provide the necessary details
(as indicated) to us to submit your order. Once you have done so, you will
receive an email from L’Oréal notifying you of our receipt of your order (“Order
Confirmation”).
(c)
The information set out
in these Terms of Sale and the details on the Platform do not constitute an
offer for sale, but rather an invitation to treat. Your order constitutes your
offer to us to purchase one or more items from us. No contract in respect of
any products shall exist between L’Oréal and you until your order has been
accepted by us, evidenced by your receipt of an Order Confirmation e-mail from
us. This is irrespective of whether or not funds have
been deducted from your account. Please note that if we do not accept your
offer or are unable to proceed with the transaction and funds have already been
deducted, they will be fully refunded via the payment method used by you.
(d)
All orders are subject
to acceptance by us and must be paid in full at the time of submission. Once
payment has been received, we will inform you that the items have been
dispatched (“Shipping Confirmation”).
The contract for the sale and purchase of an item between you and L’Oréal (“Contract”) will only be formed when we
send you the Shipping Confirmation. The Contract will relate only to those
items whose dispatch we have confirmed in the Shipping Confirmation. We will
not be obliged to supply any other Products which may have been part of your
order until the dispatch of those items has been confirmed in a separate
Shipping Confirmation. These Terms of Sale (including the Shipping and returns
Policy and Terms of Use) and our Privacy Policy shall form a part of the
Contract.
(e)
Any typographical, clerical or other error or omission in any acceptance,
invoice or other document on our part shall be subject to correction without
any liability on our part.
(f)
L’Oréal shall not be
responsible for any errors in your order arising from your act or omission,
including (but not limited to any errors in delivery address or email). L’Oréal
shall also not be responsible or liable for any losses if you provide
inaccurate or incomplete details.
(g)
If you have any
questions on the status of your order, please reach out to our customer service
team at [email protected].
5.
PRICE AND PAYMENT
(a)
Prices shown on the Platform
are in Malaysian Ringgit (MYR) and are inclusive of SST, but do not include any
applicable shipping or delivery fees. Delivery fees will be charged where
applicable and will be included in the order total upon checkout. Prices or
shipping are subject to change effective immediately upon posting of such price
changes to the Platform or other form of notification.
(b)
The price of Products
will be as stipulated at all times on our Platform,
except in the case of an obvious error. Although we make every effort to ensure
that the prices featured on the Platform are correct, error may occur. If we
discover an error in the price of any of the items that you have ordered, we
will notify you as soon as possible and give you the option of confirming your
order at the correct price. If L’Oréal is unable to contact you, your order may
be cancelled and the amount paid by you will be
refunded in full via the original payment method you used.
(c)
You may pay for your
purchases through the Platform using a credit card (Visa or Mastercard), online
banking and e-wallet (GrabPay or Boost), subject to
the payment options available from time to time. All credit card payments are
subject to verification and authorisation by the card
issuer. If the issuer does not authorise payment, L’Oréal
shall not be liable for any delay or failure to deliver
and we will be unable to conclude any Contract with you.
6. PRODUCT AVAILABILITY
AND DELIVERY
(a)
Your purchase of the
Products is subject to their availability. If a Product is not available, we
will let you know as soon as we can. L’Oréal shall not be liable nor be obliged
to supply a Product that is out of stock or unavailable. If we notify you of a
Product’s unavailability after your order is accepted, you can either cancel
the whole order and we will refund you for it; or you may wish to cancel the
order for the out of stock Product, and proceed with the remainder of the
order; or (depending on the particular Product) we may be able to hold your
order until new stock arrives.
(b)
We can only deliver
within Malaysia (West Malaysia and East Malaysia), and to physical addresses.
Orders with a PO Box as the International delivery address will not be
processed.
(c)
If you place separate or
consecutive orders, we will not be able to combine or consolidate them into one
delivery, and separate delivery charges will apply to each order.
(d)
L’Oréal will endeavor to
deliver the order consisting of the Product(s) listed in each Shipping
Confirmation by the date indicated in the Shipping Confirmation in question or,
if no delivery date is specified, in the estimated timeframe indicated when
selecting the delivery method.
(e)
Nevertheless, you may
occasionally experience delays in delivery for reasons such as a high volume of
orders being received by L’Oréal during sale periods, holidays
or the occurrence of unforeseen circumstances.
(f)
If we are unable to comply
with the delivery date for any reason whatsoever, we will inform you and we
will give you the option to continue with the purchase and establish a new
delivery date. Please note that in any case, our couriers do not deliver on
Saturdays, Sundays or public holidays.
(g)
For the purpose of these Terms of Sale, a “delivery” shall be understood to have taken
place or the order deemed “delivered” as soon as you or a third party representing
herself/himself to receive the order for and on your behalf acquires physical
possession of the products, which will be evidenced by the signing of the
receipt of the order at your chosen delivery address.
(h)
If we attempt to deliver
your order, but you are not present to receive it, we will re-deliver on the
next available date.
(i)
Our courier service may
request for a signature from the intended recipient of the Products purchased.
In circumstances where our courier service fails to deliver to the intended
recipient, it may deliver the order to the reception of the recipient's address
and obtain a signature from the receptionist as a proof of delivery.
7. RETURNS, REFUNDS AND
EXCHANGES
(a) All requests for returns, refunds
and exchanges under this section 7 of these Terms of Sale shall be your sole
and exclusive remedy for any non-conformity of or defects in the Products. For
further details about our returns, refunds and exchange policy, please go to the
Shipping and Returns Policy.
8. TITLE AND RISK
(a)
Risk of damage to or loss of
the Products shall pass to you at the time of delivery, or, if you wrongfully
fail to take delivery of the Products, at the time when L’Oréal has tendered
delivery of the Products.
(b)
Notwithstanding delivery and
the passing of risk in the Products or any other terms in these Terms of Sale,
the title in the products shall not pass to you until L’Oreal’s receipt of the
full payment for the Products.
9. LIMITATION OF
LIABILITY
(a)
To the maximum extent
permitted by law, and subject to applicable consumer protection provisions, L’Oréal:
(i)
will not be liable for any
claim arising out of your incorrect or improper use of any or any goods,
products or services offered by or purchased through the Platform, including
use that does not comply with any product instructions or that would be otherwise
unexpected or unreasonable;
(ii)
excludes all implied terms
and warranties, whether statutory or otherwise, relating to these Terms of
Sale, the Platform, ordering, delivery and the Products;
(iii) will not be liable for any expense or injury (including
indirect loss, such as revenue, profits, goodwill or
business opportunity) in contract, tort, under statute or otherwise, however
caused, including directly or indirectly in connection with these Terms of
Sale, the Platform, ordering delivery and the Products. Any liability we have
to us is reduced to the extent that you cause or contribute to the loss or
damage; and
(iv)
maximum cumulative liability
to you or any other party for all losses under, arising out of or relating to
the sale of the Products under the Contract, will not exceed the sums that you
have paid under such Contract.
(b)
Notwithstanding anything in
these Terms of Sale, certain legislation, including the Sale of Goods Act (for West
Malaysia) or Civil Law Act (for Sabah and Sarawak), may impose consumer
guarantees or imply warranties or conditions or impose obligations upon L’Oréal
which cannot be excluded, restricted or modified
except to a limited extent. Such legislation may, for example, impose
non-excludable guarantees that goods are of acceptable quality or that services
will be rendered with due care and skill (with certain remedies available to
consumers for certain breaches of such guarantees).To the extent that such legislation
applies, these Terms of Sale must be read subject to these statutory provisions
and nothing in these Terms of Sale is intended to alter or restrict the
operation of such provisions.
10. PERSONAL DATA
By providing your personal data on this Platform
and/or placing an order on the Platform, you hereby confirm that you have read
and agree for us to process your personal data in accordance to
our Privacy
Policy. Please refer
to our Privacy
Policy for further
information. We reserve the right to change the terms to the Privacy Policy
unilaterally without prior notice from time to time. You are advised to check
our Privacy Policy on the Platform periodically to stay updated on any changes,
variations or supplements to the Privacy Policy.
11. WAIVER
Any failure by L’Oréal to enforce these Terms of Sale
shall not constitute a waiver of these Terms of Sale, and such failure shall
not affect the right later to enforce these Terms of Sale. We would still be
entitled to our rights and seek remedies in any other situation where you
breach these Terms of Sale.
12.
SEVERABILITY
If at any time any clause or provision of these Terms
of Sale shall be or shall become illegal, invalid or
unenforceable in any respect, it shall be severed or modified to the extent
necessary to make it valid, legal and enforceable. If such modification is not
possible, the relevant clause or provision shall be deemed deleted. The
legality, validity and enforceability of the remaining
provisions of these Terms of Sale shall not be affected or impaired by any such
modification or severance, and shall continue in force as if such illegal,
invalid or unenforceable clause or provision was severed from these Terms of
Sale.
13. ENTIRE AGREEMENT
These Terms of Sale and our Privacy Policy, read with
the Contract constitutes the entire agreement between L’Oréal and you, and
supersedes and extinguishes all previous agreements, promises, assurances,
warranties, representations and undertakings between you and us, whether
written or oral, relating to this subject matter.
14. RIGHTS OF THIRD
PARTIES
A person or entity who is not a party to these
Terms shall have no right in any jurisdiction to enforce any of these Terms of
Sale.
15. FRAUD PREVENTION
(a)
As part of our order
processing procedures, we screen all received orders for fraud or other types
of unauthorized or illegal activity. We reserve the right to refuse to process
an order due to suspected fraud or unauthorized or illegal activity. If such is
the case, we may reject your order or our customer
service team may call you at the phone number you provided or contact you via
your e-mail address to confirm your order. We also reserve the right to cancel
any accounts or refuse to ship to certain addresses due to suspected fraud or
unauthorized or illegal activity. We take these measures to protect our
customers as well as ourselves from fraud or other unauthorized or illegal
activity.
(b)
L’Oréal reserves the right
to conduct transaction verification processes, decline or cancel your order,
reduce the quantity of your order and/or terminate your account without prior
notice if these Terms of Sale are violated. You may receive a callback or email
from our customer service team conducting transaction verification related to
an order.
16.
OTHERS
(a) We reserve the right to amend, vary and/or supplement these Terms of
Sale from time to time.
You are advised to check
these Terms of Sale from time to time for changes/updates.
(b) Your continued use or access to the Platform on or after the date on
which any amendments,
variations and/or supplements come into effect shall be
construed as your agreement to be
bound by the amended Terms of Sale.
17. GOVERNING LAW
(a)
In case of conflict between
the Terms of Sale herein and the Shipping and Returns Policy, the Terms of Sale
shall prevail only to the extent of reconciling the conflict.
(b)
These Terms of Sale, and any
dispute or claim (including non-contractual disputes or claims) arising out of
or in connection with it or its subject matter or formation, shall be governed
in accordance with the law of Malaysia, without giving effect to any principles
of conflict of laws.
(c)
You agree that the courts of
Malaysia shall have exclusive jurisdiction to settle any dispute or claim
(including non-contractual disputes or claims) arising out of or in connection
with these Terms of Sale or its subject matter or formation.