ONLINE ORDERS 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.yslbeauty.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
Aperson 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.
