Terms & Conditions
Welcome to Herbaline ! Thanks for visiting our website.
This page forms the Terms and Conditions in accordance with which we supply Products (each a “Product”) listed on our website www.eshop.herbaline.com.my (the “Site”) to you (the “Terms and Conditions”). By ordering any of our Products, you agree to be bound by these Terms and Conditions as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions.
1. OUR COMPANY
We are SKIN ESSENTIALS (M) SDN BHD (Company no: 500877-U) having our business address at No 28, Jalan Anggerik Mokara 31/47, Kota Kemuning, 40460 Shah Alam, Selangor, Malaysia trading as www.eshop.herbaline.com.my (“HERBALINE”) and we own and operate this website.
To place an Order with HERBALINE you must be over eighteen (18) years of age. If you are under eighteen (18), you may place an Order with HERBALINE only with involvement of a parent or guardian. HERBALINE only fulfill orders that are made deliveries within Malaysia.
You must not misuse this Site. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Site which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Site. Any breach of this provision would constitute an offence under Section 233 of the Communications and Multimedia act 1998. In the event such breach occurs, HERBALINE will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.
4. TERMS OF SALE
4.1 Registration (a) To place an Order, you may be required to register with valid personal information and to log on with email address and password. You must ensure that you keep these details secure and do not provide this information to a third party. You must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Site. (b) You shall not misuse the Site by creating multiple user accounts.
4.2 Formation of a Contract (a) The information set out in the Terms and Conditions and the details contained on this Site do not constitute an offer for sale but rather an invitation to treat. (b) To submit an Order, you will be required to follow the online shopping process on the Site. You are required to fill up the shipping address and contact number. (c) When you place an order and successfully make payment online, you will receive an acknowledgement email confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.
4.3 Price and Payment Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Site are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled. If you cancel the Order with pricing errors before we have shipped it to you, and you have already paid for your Order, you will receive a full refund. (a) Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’. (b) We are under no obligation to fulfil your Order if the price listed on the website is incorrect (even after your Order has been acknowledged by us). (c) You can pay using any of our payment partners listed on our homepage. Similarly, you can pay all or part of the price of your Order using an e-voucher, member point and E-gift cards. (d) Upon authorisation of the payment, you are confirming that the card belongs to you, and have sufficient funds or credit facilities to cover the cost of the Product. (e) No cancellation of order is allowed once online payments has been authorized and fulfilled by your banks.
4.4 Refusal of Order We reserve the right to withdraw any Products from this Site at any time and/or remove or edit any materials or content on this Site. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion. If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you. We will not be liable to you or any other third party by reason of our withdrawing any Product from this Site, whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept an Order.
5.1 We aim to deliver the Product to you at the place of delivery requested by you in your Order and the delivery time indicated by us at the time of your order checkout (as updated in the Order Confirmation).
5.2 Upon delivery of the Product, you may be required to sign for delivery. You may contact HERBALINE Customer Service Team at 03-5121 5055 or firstname.lastname@example.org in case of any faults, defects or damage. You shall be able to provide the documents delivered with the Product, upon request.
5.3 Please note that it might not be possible for us to deliver to some locations in which event, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
5.4 All risk in the Product shall pass to you upon delivery.
5.5 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within one week of our first attempt to deliver the Product to you) accept delivery, we shall deem that the goods have been delivered to you and all risk and responsibility in relation to such Goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver the Goods shall be your responsibility and you shall indemnify us in full for such cost.
5.6 If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier.
5.7. You must ensure that at the time of delivery of the Goods adequate arrangements, including labour and access where necessary, are in place for the safe delivery of the Goods. We cannot be held liable for any damage, cost or expense incurred to the Goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
6. RETURNS FAULTY PRODUCTS AND REFUNDS POLICY
6.1 If the packaging that received by you is in damaged or broken, you may return the Product to us within thirty (30) days of receipt. The Product shall be un-used, Product tags shall not be tampered with, and the Product shall be in the original brand packaging (if applicable).
6.2 You may arrange your own carrier to deliver the goods to our business address at No 28, Jalan Anggerik Mokara 31/47, Kota Kemuning, 40460 Shah Alam, Selangor, Malaysia. Please call our Customer Service Team at 03-5121 5055 for details.
6.3 All damaged or broken items must be received by HERBALINE in order for a customer to be eligible for a refund or replacement. You shall ensure that the Product is sent to us in the same condition as it was when received by you and is packaged properly. In the event that an item is returned to us in an unsuitable condition, we reserve the right not to accept returns and send the Product back to you.
6.4 Your returned Products together with your return slip, are usually received and accepted at our warehouse within five (5) days after the drop-off at your carriers or post office counters. We will replace the products to you within 30 days after internal investigation the actual cause of broken. HERBALINE may at its discretion refuse to process a replacement/exchange order or refund in the event that the damaged may be due to you.
6.5 In the event the Product returned is not faulty, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
7. E-VOUCHERS & E-GIFT CARDS & MEMBER POINT
7.1 You may use promotional vouchers and e-gift cards and member point while making payment for Products on the Site. Specific details for promotional vouchers and e-gift cards are listed below.
7.2 In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with an e-vouchers, e-gift card and member point redemption on the Site, we are entitled to close your Account and/or require a different means of payment.
7.3 In rare cases, HERBALINE may at its sole discretion discontinue or cancel any voucher previously issued and will not be responsible for any losses arising therefrom.
7.4 Conditions for the redemption of promotional vouchers: From time to time we may distribute promotional vouchers that may be used only on the Site, which we will send to you either by email or post: (a) Promotional vouchers must be entered at the check-out page online only. Our system will automatically deduct the equivalent value from the overall amount of your purchase. (b) Promotional vouchers are valid for the specified period stated on the voucher, can only be redeemed once and may not be used in conjunction with other promotional vouchers and discounted items (c) You may redeem only ONE voucher per promotional campaign. HERBALINE reserves the right to cancel any subsequent orders made by you using a voucher of the same promotional campaign. (d) If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you. (e) If the credit of a promotional voucher is insufficient for the Order you wish to place, you may make up the difference using one of our accepted payment methods. (f) For cash vouchers stipulated for a RM xx sum, If you choose to return the product, you will not be refunded the value of the cash voucher. However, if you paid partly with your own funds, this portion will be refunded.
7.5 Conditions for the redemption of e-gift cards: The conditions in clause 7.4 shall apply to e-gift cards.
7.6 Conditions to earn member points All the purchases online will entitle for membership program. For the collection of member point, for every RM 2 purchases via our website, will earn 1 point. In order to earn the member point, you are required to enter valid IC number.
7.7 In order to check existing member points, please visit "My User Account" on the Site.
7.8 Conditions for the redemption of member point. Our membership point is every 400 points equal to RM 20. The conditions in clause 7.4 shall apply to member point.
7.9 There is no expiry date for our member points.
7.10 Herbaline e-vouchers, e-gifts and member points are not exchangeable for cash.
7.11 Herbaline reserves the right to change the terms & conditions or cancel any promotions at any time without notice.
8.1 DISCLAIMER OF LIABILITY The content displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Nothing in these Terms and Conditions shall exclude or limit HERBALINE’s Liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other Liability which cannot be excluded or limited under applicable law.
8.2 INDEMNITY You agree to indemnify, defend, hold harmless HERBALINE, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Site or your breach of the Terms and Conditions.
8.3 CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)
8.3.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract 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.
8.3.2 In the circumstance that the Force Majeure event lasts for more than one week, either you or we may terminate the Contract forthwith by written notice and without any Liability other than a refund of a Product already paid for by you and not delivered.
8.4 NOTICES Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other. (a) Notices given by post shall be deemed to have been served with two (2) Business Days of being posted to the recipients address within Malaysia. (b) Any notice given by email shall be deemed to have been served within two (2) Business Days of the email being sent. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
8.5 INTELLECTUAL PROPERTY RIGHTS
8.5.1 All content included in or made available through our Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of HERBALINE and is protected by copyright laws and treaties around the world. All such rights are reserved by HERBALINE. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks of HERBALINE in Malaysia and other countries. HERBALINE's trademarks may not be used in connection with any product or service that is not provided by HERBALINE, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HERBALINE. All other trademarks not owned by HERBALINE that appear on the Site are the property of their respective owners. You must not use any part of the content on our site for commercial purposes. In the event HERBALINE becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
8.6 LINKS TO THE SITE You may link to our home page, provided you do so in a way that is legal and is not likely to damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any Site that is not owned by you. This Site must not be framed on any other Site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.
8.7 WAIVER No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
8.8 SEVERABILITY If 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 or a Contract shall be capable of continuing in effect without the unenforceable term.
8.9 GOVERNING LAW These Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Malaysian Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Malaysian Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
8.10 VARIATION We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions. When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your order.