Terms & Conditions
Updated as of: July 2021
Prior to submitting an order by clicking the ‘submit order’ button on the payment method page, please save or print a copy of these Terms and Conditions to keep on file for future reference regarding the order you are submitting. Please understand that if you do not accept these Terms and Conditions, you will not be able to order any products from our Site, mobile applications and official social media and social networking platforms (“Social Platforms”).
Welcome to the Clarins Malaysia Website (the "Site").
Clarins Sdn Bhd (“Clarins”) provides the content and services available on the Site and Social Platforms to you subject to the following terms and conditions, our Privacy Policy and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, "Terms and Conditions"). By accessing or using the Site and Social Platforms, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
You also acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site and Social Platforms and supersede and govern all other terms and conditions contained in or referred to in order(s), in prior proposals or agreements, in correspondence or elsewhere notwithstanding any provisions to the contrary in such other terms and conditions. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site and Social Platforms thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site and Social Platforms.
1. Privacy
Please review our Privacy Policy so that you may understand our privacy practices.
2. Products and Services for Personal Use
The products and services described on the Site and Social Platforms, and any samples thereof that we may provide to you, are for personal use only. You shall not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that may result in the violation of our Terms and Conditions.
3. Purchase Related Policies and Procedures
3.1 Placement of order – Offer – Contract conclusion
Orders may be placed online at the Site and Social Platforms which is available in English. Before placing the order, you may review and change the order related data at any time in the shopping bag area of the Site and Social Platforms. You may identify and correct input errors at any time, before finally submitting the order by clicking the "submit order" button, by reviewing the order and the price, reviewing the details of each product and selecting or deselecting a product.
The presentation of products on the Site and Social Platforms does not constitute a binding offer from us.
We reserve the right to limit the maximum product quantity and/or the maximum amount per order.
Orders placed by clicking the "submit order" button shall constitute a binding offer to us to enter into a purchase agreement. However, orders may be placed and transmitted only if you accept these Terms and Conditions by placing a checkmark in the appropriate check box, thereby including them into your offer. Once an order has been placed with us, we will send you an e-mail confirming receipt and listing details of the order (order confirmation) without undue delay. This order confirmation does not constitute acceptance of the offer, but is only intended to inform you that we have received your order.
A contract of sale shall be concluded only when we ship the ordered product to you and confirm shipping with a second e-mail with the delivery details (shipping confirmation). No contract of sale shall be concluded for products not listed in the shipping confirmation. We shall be the contracting party and we do not intend to offer products for purchase to minors. Our products may only be purchased by persons who have reached the age of 18 in accordance with the applicable law.
As consumer, you have the right to notify to us that you waive your purchase and obtain a full refund if eligible in accordance with these Terms and Conditions and our Return Policy which may be referred to here.
3.3 Damages and faulty productsYou may obtain a full refund of the purchase price if the items are damaged or defective upon receipt in accordance with these Terms and Conditions and our Return Policy which may be referred to here.
4. Accuracy of Information
We will take all reasonable care to ensure that descriptions, details and prices of the products and services appearing on the Site and Social Platforms are accurate at the time they are entered onto the system. While we aim to keep the Site and Social Platforms as up to date as possible, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site and Social Platforms are accurate, complete, reliable, current, or error-free. If we discover an error in the price or description of any products or services which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel your order before we have shipped it to you, and you have already paid for your order, you will receive a full refund.
5. Intellectual Property
Products advertised for sale on this Site and Social Platforms may be ordered only if the invoice and delivery addresses are within Malaysia.
We will make every effort to deliver the product within the term indicated on the Site here. Nonetheless, the times indicated on the Site are only indicative and may vary depending on the shipping distance. We will not be liable in any way if delivery takes place at a later date.
You will not be entitled to compensation or contract cancellation due to any delay in delivery unless the delay was attributed to wilful misconduct or gross negligence from our side. If the delay in delivery exceeds thirty (30) days, you are entitled to withdraw your order and will be refunded of the payments already effected within reasonable time.
To the fullest extent permitted by the applicable law, if we are unable to deliver the ordered products through no fault of our own but due to the failure of our supplier to fulfill its obligations to us, we are entitled to withdraw from the contract vis-a-vis you the Buyer, if already entered into in which case you will be notified immediately of the unavailability of the product. We will thereupon refund the payments already effected within thirty (30) days from the date of notification of unavailability of the product.
Where attempts to deliver the products to you had been unsuccessful due to your unavailability resulting in the products being returned to us by the mail carrier, we reserve the right to charge you the costs for any subsequent deliveries.
6. Payment
Payment may be made by credit cards, debit cards, online banking transaction or via payment gateways as provided in the Site and Social Platforms. By using any of the available payment methods, you confirm that you are authorised to utilise the said payment method and the credits, monies and/or any recognised legal tender therein. The amount payable will be debited from your account when your order is accepted by us.
All payment transactions are subject to validation checks and authorisation by the respective financial institution and/or financial service provider. If the financial institution and/or financial service provider refuses to authorise the payment to us, we reserve the right to postpone delivery and will notify you of the issue in which case, we shall not be liable for any delay or non-delivery.
Visa and Mastercard payment will be processed by means of 3-D Secure protocol and we shall not be liable for any misuse of information by third parties.
7. Risk and title
The products will be delivered to the place of delivery specified in the shipping confirmation sent to you. Risk of loss, damage and theft of the products transfers to you upon delivery.
Products shall remain the property of Clarins until complete and final payment of the purchase price including any transportation charges and taxes.
8. Intellectual Property
All information and content available on the Site and Social Platforms and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of Clarins, our affiliates, partners or licensors. Nothing in this Terms & Conditions constitutes a transfer of any intellectual property rights. Permission is granted to electronically copy and to print in hard copy portions of the Site and Social Platforms for the sole purpose of placing an order with Clarins, using the services on the Site and Social Platforms as a shopping resource. Any other use of materials on the Site and Social Platforms – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of Clarins is strictly prohibited.
9. Your Obligations and Responsibilities
In the access or use of the Site and Social Platforms, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site and Social Platforms or any Content or services that may appear on this Site and Social Platforms and may not impair in any way the integrity or operation of the Site and Social Platforms. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Clarins, our affiliates, partners or licensors.
10. Your Account
You may choose to register at the Site and Social Platforms if you are over 18 years of age. Do not register if you are not over 18 years of age. If you are over 18 years of age and do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site and Social Platforms on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site and Social Platforms or content resulting from such access or use. You shall not misuse the Site and Social Platforms by creating multiple user accounts.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in Clarins’ best interest to do so.
11. Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site and Social Platforms. Links appearing on the Site and Social Platforms are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site and Social Platforms, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
12. Special Features, Functionality and Events
The Site and Social Platforms may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.
13. Submissions
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information including data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials you provide us whether vide post, email or transmitted or uploaded to any of our social media platforms (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any
Submission, you hereby grant us full ownership of the Submission as if we had created, developed and posted the Submission for our own purposes. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
You also agree not to engage in or assist or encourage other users to engage in transmitting, uploading, posting, emailing or otherwise making available on our Site and Social Platforms any Submission that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, discriminatory, hateful, racially, ethnically or otherwise objectionable; (b) is known by you to be false, inaccurate or misleading; (c) you were compensated for or granted any consideration by any third party; or (d) infringes any patent, trademark, trade secret, copyright or any other types of proprietary rights of any party.
14. Representations and Warranties; Limitation of Liability
The Site and Social Platforms is presented “As Is”. We make no representations or warranties whatsoever in connection with these Terms and Conditions or the Site and Social Platforms, and exclude all representations, warranties and conditions whatsoever in connection with these Terms and Conditions or the Site and Social Platforms, whether express or implied, including but not limited to warranties or conditions of satisfactory quality merchantability, availability, reliability, security, lack of viruses, bugs or errors, hidden defects, title, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances, for any indirect, special, consequential, incidental, multiple, punitive or other indirect damages including, without limitation, (a) interruption of business; (b) access delays or access interruptions to the Site and Social Platforms; (c) data non-delivery, misdelivery, loss, damage, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Site and Social Platforms including loss of income, loss of savings, loss of clientele, loss of opportunity, lost profits, costs of recovery or any other damages even where those damages are considered direct damages; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site; (f) any inaccuracies or omissions in content; or (g) events beyond our reasonable control, however caused and on any theory of liability, and whether or not for breach of contract, non-contractual fault, warranty for hidden defects or otherwise and whether or not Clarins or its suppliers or licensor have been advised of the possibility of such damages.
Further, to the fullest extent permitted by law, the total cumulative liability of Clarins and its licensors and suppliers arising out of these Terms and Conditions shall be limited to the sum of the amounts paid to Clarins for the relevant products and services ordered from the Site and Social Platforms.
15. Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site and Social Platforms or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
16. Consent to Receive Notices Electronically by Posting on the Site and Via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by email or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at info.my@clarins.com and discontinue your use of this Site and Social Platforms.
Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.
17. Force Majeure
We shall not be liable to you for any breach, hindrance or delay in the performance of an order 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, 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;
(f) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
In the circumstance that the Force Majeure event lasts for more than thirty (30) days, either you or we may terminate the order forthwith by written notice and without any liability other than a refund of a product already paid for by you and not delivered.
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 orders we will perform and to what extent.
We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the order despite the Force Majeure Event.
18. General
18.1 Applicable Law – JurisdictionBy visiting the Site and Social Platforms, you agree that the laws of Malaysia, without regard to the principles of conflicts of laws, will govern these Terms and Conditions and any dispute that may arise between you and Clarins. Any dispute relating in any way to your visit to the Site or to any products sold shall be submitted to the Courts of Malaysia and you consent to the exclusive jurisdiction and venue in any such court.
18.2 No agencyNothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
18.3 WaiverOur failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Unless stipulated to the contrary, any waiver of a right, power or remedy under these Terms and Conditions must be in writing.
18.4 SeverabilityIf any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions shall be capable of continuing in effect without the unenforceable term.
If you have any questions regarding these Terms and Conditions, please email us at info.my@clarins.com.
