Perfume Heaven (PH)

Customer Terms and Conditions

1. PURPOSE

The terms and conditions herein (“Terms and Conditions”) is the agreement that defines the rights, duties and responsibilities of PH and a Customer in relation to the sale and purchase of any Product on the Site. By speaking to our Personal PH, registering an Account or placing an Order with PH or using any facilities made available by PH in relation to the purchase of any Product on THE SITE, Customers and any other users of THE SITE are deemed to have read and accepted and agreed to be bound by this Terms and Conditions.

This Terms and Conditions shall be read together with all the information made available to a Customer when placing and confirming an Order including without limitation a) The Privacy Notice on the use of personal information; b) The Terms of Use for THE SITE; and c) Such other information as may be provided to a Customer by PH, save that in the event of any conflict, the Terms and Conditions herein shall apply.

For purchases from THE SITE, Customers are advised to read this Terms and Conditions, the Terms of Use and the Privacy Notice before making any purchase of a Product. PH shall be entitled to provide a copy of the Terms and Conditions and the Privacy Notice to Customers together with the delivery of a Product.

PH reserves the right to change, modify, add, or remove portions of this Terms and Conditions and the information provided to a Customer including the use of THE SITE at any time. Changes will be effective after they are posted on the SITE or notified by PH. The continued use of THE SITE following such changes to this Terms and Conditions is deemed to constitute the Customer’s acceptance of those changes.

Definitions:

“Account” means a one-time registration account created for a Customer via a PH containing the information of the Customer including without limitation name, address, identification number (NRIC/Mykad/), telephone number and/or such other information as may be requested by PH for purposes of registration.

“PH” or “We” or “Us” means Perfume Heaven (Company Number MA0163006-M) a company in Malaysia and having its address at NO 7-1 FIRST FLOOR, JLN MH1, TMN MUZAFFAR HEIGHTS, 75450 AYER KEROH , MELAKA, MALAYSIA

“Business Day (s)” means a day (s) on which commercial banks are open for business in Melaka (other than Saturdays, Sundays and public holidays).

“Customer/Customers” or “You/Your” means the person who places an Order and purchases a Product from THE SITE.

“Order” means any order submitted or placed by a Customer to PH online on the SITE or via call-in on PH’s toll free number to purchase a Product from THE SITE.

“Product/Products” means any products/merchandise/services/offers/display items that are uploaded /showcased/displayed on THE SITE.

“THE SITE” means the online shopping platform www.perfumeheaven.my (site/website), http://perfumeheaven.square.my/ (mobile site/ mobile website) and/or any mobile applications/mobile interfaces applications/ apps and the services provided by PH which provides a venue/platform to the users of THE SITE to purchase the Products uploaded, showcased and displayed on THE SITE.

“Terms and Conditions” means the terms and conditions as detailed herein including all schedules, appendices, annexures, and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.

“Terms of Use” means the terms and conditions in relation to the use of THE SITE which is provided therein.

2. REGISTRATION, ORDER ACCEPTANCE AND PRICING

2.1 Prior to placing the first Order from THE SITE, a Customer must register and create a new Account online on THE SITE. Customers may call the designated hotline number shown on THE SITE and speak to a Personal PH who may assist the Customer to register a new Account online. The Customer shall comply with THE SITE’s Terms of Use provided on THE SITE in relation to the registration of the Account and use of THE SITE.

2.2 Upon registration as per the manner above, the Customer’s Account will be created. Customers only need to register an Account once. For subsequent Orders, Customers will only need to go through PH’s verification process. Subject to the terms contained herein, PH reserves the right to decline a new Account or to cancel an existing Account at any time at its sole discretion.

2.3 General Terms of ordering

a) To place an Order with PH, a Customer must be over 18 years of age at the time of placing such Order failing which PH has the right to cancel any Orders placed.

b) Any Order placed by a Customer shall include the following information:
• Product name and specifics (color, size, etc.).
• Payment method.
• Delivery address.

c) A Customer’s successful Order will be confirmed to the Customer via Short Messaging Service (SMS) notification containing a summary of the Order details.

d) PH reserves the right to accept, refuse, cancel or reject any Order at any time or under any circumstances including where an Order cannot be processed for various reasons. You may be asked to provide additional verifications or information before an Order is accepted.

e) Notwithstanding the aforesaid, non-acceptance of an Order by PH may be a result of, without limitation, any one of the following:
• The Product that you have ordered is unavailable or out of stock;
• PH is unable to obtain authorization for your payment;
• The identification of a pricing or product description error;
• If there is false, omitted, erroneous information in registration of the Customer’s Account;
• If a Customer is found to be under the age of 18 years;
• If PH believes that it is not technically able to fulfill the Order (including delivery).

f) Any changes or cancellation by a Customer of any Order shall be notified to PH’s provided that any Order that has been delivered or pending delivery may not be cancelled but instead the Product must be returned to PH in accordance with the terms on Returns and Refunds herein.

g) All prices stated on THE SITE shall be the price of Products and PH shall have the absolute discretion to determine the price of the Products at any time including without limitation any promotional price. All prices, unless indicated otherwise, are in Ringgit Malaysia and PH reserves the right to enhance the currency offerings or limit the currency offerings at any time without notice. Prices shall be subject to changes as may be determined by PH from time to time without notice.

h) The price for the Products includes relevant goods and services tax unless otherwise determined by PH. PH shall be entitled to charge delivery and installation charges. PH is determined to provide the most accurate pricing information on THE SITE but in some cases errors may still occur, such as in cases when the price of an item is not displayed correctly on THE SITE. In the event that an item is mispriced, PH may, at its own discretion, either contact you for instructions or cancel your Order

3. PRODUCTS DESCRIPTION AND AVAILABILITY

a) Subject to the provisions on warranties in Section 7 below, while all images, photographs or videos of the Products presented, showcased, displayed, broadcasted and available on THE SITE are for illustrative purposes only, PH will attempt to ensure that all description of the Products shown on THE SITE are as accurate as possible. Although PH has taken reasonable care to present the description of the Products accurately, the actual Products delivered may vary slightly from those shown on THE SITE due to reasons including without limitation any web image quality, broadcast quality, packaging, redesign and improvements.

b) The availability of the Products presented on THE SITE depends on availability of stock and PH does not guarantee the availability of the Products. In order to ensure that Products are available to all Customers, PH has the right to set maximum limits in advance for the purchase of individual items by a single Customer. If the Products requested by the Customer are unavailable or out of stock, PH shall make every effort to offer a substitute item which is closest in terms of price and type to the originally requested item and in this connection, PH shall not be held liable in any manner whatsoever to the Customer. PH shall also be entitled to carry out special promotions which offer free gifts or promotional items at its sole discretion from time to time subject to such terms as may be decided by PH.

4. TERMS OF PAYMENT

a) PH reserves the rights to set the rules and policies regarding the payment methods and to make the necessary changes from time to time. The payment for Products purchased from THE SITE by any Customer may be made via any of the following methods (collectively “Payment Methods”):
i) Credit Card, Debit Card
PH accepts all Visa, Mastercard and American Express credit and debit cards issued in Malaysia. However, no payments will be processed for a non-card holder and Customers shall comply with such terms and conditions as may be imposed by the issuing financial institution or bank. If a credit card or debit card payment is rejected or declined for any reason, PH reserves its rights under thisTerms and Conditions to reject the relevant Order either in whole or in part.

b) All successful payments made by a Customer via credit card or debit card will be confirmed online and/or notified by PH’s during an Order call. In addition, an email confirmation together with a sales invoice which also serves as a receipt of payment will be sent to a Customer’s email, if any, and the Customer shall also receive notification via SMS. A copy of the said sales invoice will also be provided to the Customer upon delivery of the Product.

c) In the event PH shall discover any fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with any payment made by any Customer in relation to any Product then PH shall be entitled to without limitation to any rights of PH herein, require a different means of payment from the Customer, or to reject an Order and/or close a Customer’s Account.

5. DELIVERY

a) PH is entitled at its sole discretion at any time from time to time to appoint any third party (“delivery provider” which definition may include any Product supplier or its authorized personnel ) to deliver a Product to a Customer without giving notice of the same to the Customer. For certain Products that require installation, installation of the Product will be carried out upon delivery. Customers are advised to check with the Personal PH on Products that require installation.

b) The Customer shall notify PH’s Personal if he/she intends to authorize a third party to receive delivery of the Product ordered and shall if requested by PH or the delivery provider, provide an authorization letter to the delivery provider at the point of delivery for identification and verification purposes.

c) Subject to the terms herein, delivery of the Products shall only be available to designated areas in Malaysia (which may be revised from time to time by PH) (“Designated delivery areas”) and to the address specified by the Customer in an Order, provided that such address falls within the Designated delivery areas. Customers are advised to check at the point of placing an Order on the Designated delivery areas and PH shall be entitled to reject any delivery which is not within the Designated delivery areas.

d) Customers may request for a specific delivery date and time at the time of placing an Order subject to the operating hours and schedule of the delivery provider. The operating hours of the delivery provider is within 9.00 am to 6.00 pm on a Business Day (“Delivery Hours”) subject to any revision as shall be determined by PH. Any request for deliveries after the Delivery Hours is subject to the discretion of PH and additional charges may apply. Customers are advised to confirm on the delivery time and date upon placing an Order.

e) Subject to the terms herein, any Order placed before 3.00pm on a delivery provider Business Day will be subject to the following delivery periods (which may be revised by PH from time to time):

i) For deliveries within West Malaysia, Products will be delivered within 2 Business Days.
ii) For deliveries to and within East Malaysia, Products will be delivered within 5 Business Days.

Orders made after 3.00pm shall be considered as Orders which are placed on the following Business Day. Notwithstanding the above, delivery periods may vary for Products that consist of bulky items and/or that which require installation. Customers are advised to check THE SITE or call the hotline number and speak with PH’s Personal for further details.

f) PH will inform the Customer if it is unable to meet an estimated delivery date or time. In the event a Customer is not present at the address upon delivery then attempts will be made to fulfill the delivery and the Customer shall inform PH’s call center to re-schedule the delivery. If the Customer fails to take delivery of any Product after the third attempt for delivery for any reason (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of PH’s fault) then without prejudice to any other right or remedy available to PH, PH may cancel the Order and refund any payment made by the Customer back to the Customer.

g) Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the Products at the time when PH or the delivery provider has tendered delivery of the Products. Notwithstanding delivery and the passing of risk in the Products, the property in the Products shall not pass to the Customer until PH has received payment in full of the price of the Products in an Order. To the extent permitted by law, PH shall not be liable to any Customer for any losses, liabilities, costs, damages, charges or upon passing of risk to the Customer.

6. RETURNS / EXCHANGE/REFUNDS/CANCELLATION

a) During any introductory period as determined by PH at its sole discretion (“Introductory Period”):

i) A Customer may exchange a Product and/or return any Product to obtain a refund of the purchase price of a Product free from any charges SAVE AND EXCEPT, if the original seal is broken and the original packaging is opened then the Customer cannot exchange or return and PH will not accept such exchanges or returns.

ii) A Customer’s request for exchanges and/or returns of any Product during the Introductory Period shall not exceed three (3) times or shall be made no later than thirty (30) days from the first date of Customer’s receipt of the Product, whichever is earlier.

iii) Returns of Products shall include any free gifts or promotional items, etc that are associated with such Product. Customers are advised to contact PH’s Personal for further details including the duration of the Introductory Period.

b) After the expiry of any Introductory Period, all Product exchanges and/or returns are subject to the following:

i) Customers are allowed to request for exchange or return of any Product within TEN (10) calendar days (“Returns Period”) from the date of the Customer’s receipt of the delivered Product (“Date of Product Receipt”). A Customer’s request shall not exceed three (3) times or no later than thirty (30) days from the first Date of Product Receipt, whichever is earlier, subject to the remaining terms in this Section 6 (b).

ii) All Products (including any free gifts or free promotional items associated with the purchase) must be in their original seal (unbroken) and packaging with all tags, accessories, sales invoice enclosed.

iii) All Products must be cleared of any defects or damage to the reasonable satisfaction of PH.

iv) During the Returns Period, all exchanges or returns of any Product are collected or re-delivered by PH’s delivery provider free of charge. Thereafter, PH shall be entitled to charge Customers a collection cost which shall be paid by the Customer to the delivery provider at the point of collection.
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c) For avoidance of doubt, PH shall have the absolute discretion to decide on what Products that may be exchanged or returned. Customers are advised to check online at THE SITE or call the hotline number to speak with the Personal PH on the full list of items.

d) After the Returns Period and subject to the terms contained herein, no requests for exchange or returns are allowed.

e) Subject to Sections 6(a) to (d) above, a Customer is entitled to cancel an Order and request for a full refund of the Product price paid by Customer. Customers are advised to contact any Personal PH for details of such refund. Depending on the method of payment, refunds shall also subject to the terms imposed by the issuing bank.

7. WARRANTIES

a) PH will take reasonable steps to ensure that all Products have been screened and inspected by PH’s to ensure that the Products are of the standard, quality, composition, that they represent and as presented, on THE SITE. PH does not take any responsibility for any inaccuracy or error in the presentation, display and broadcasting of such information. PH binds itself only to exercise reasonable care when delivering the Products in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of PH’s opinion in that regard.

8. LIABILITY AND INDEMNITY

a) To the full extent allowed by applicable law, the Customer agrees that PH will not be liable to a Customer/or any third party for any claims against PH for consequential or incidental loss and damages (including but not limited to loss of revenue, loss of profits, loss of goodwill, loss of reputation, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to any Product sold (including free gifts or promotional items given in relation to any such Product) by PH.

b) PH shall further be under no liability in respect of: a) any allergies or other health or medical condition suffered by a Customer. In this connection the Customer shall indemnify PH against each loss liability and cost arising out of such claims.

c) The Customer shall indemnify and hold harmless PH, its subsidiaries and affiliates from any claim or demand, or actions made by any third party due to or arising out of the Customer’s breach of the Terms and Conditions and the Terms of Use in relation to THE SITE.

d) To the extent permitted by law, PH’s total liability to the Customer or any third party in respect of any cause of action, shall in no circumstances exceed, in aggregate, a sum equal to 100% of any aggregate amount paid by the Customer in respect of the relevant Products.

e) Nothing in this Terms and Conditions shall exclude or limit our liability for (i) fraud; (ii) any breach of the consumer guarantees relating to the supply of products and/or services which cannot be excluded or limited pursuant to the Consumer Protection Act 1999; and (iii) any other liability which cannot be excluded or limited under any applicable law.

9. GENERAL TERMS

a) PH shall have the right, in its sole discretion and without notice, to suspend or terminate the Customer’s access to THE SITE if the Customer breaches any of this Terms and Conditions and including the Terms of Use and the Privacy Notice by giving fourteen (14) days’ written notice to the Customer. Upon any termination of this agreement, the Customer shall immediately cease all access to and use of THE SITE and PH shall, in addition to any other legal or equitable remedies, immediately cancel the Account and deny access to and use of THE SITE to the Customer in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

b) PH shall not be liable for any breach of its obligations under the Terms and Conditions where it is hindered or prevented from carrying out its obligations by any event of force majeure or cause outside its reasonable control (or by any damage caused by any of such events).

c) This Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof.

d) This Terms and Conditions shall be governed in all respects by the laws of Malaysia and the parties shall submit to the exclusive jurisdiction of the Malaysian courts.

e) If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced.

f) Any communication or notice to PH should be in writing to PH’s address stated on PH’s invoice. All correspondence and notices by PH to the Customer will be sent in writing to the most recent mailing address provided by the Customer to PH upon registration or via email to the email address provided by the Customer. Notices will be considered to be received upon hand delivery or upon the fifth business day after posting or upon receipt of the email.