TERMS OF SALES
Applicable as from 16 October 2023.
These terms of sales (the “T&Cs”), constitute a contract between (a) Shiseido Malaysia Sdn. Bhd. (“SHISEIDO”) and (b) any natural person (the “Client”) wishing to purchase products sold by SHISEIDO (the “Products”) via the https://shop.shiseido.com.my/ e-commerce website (“the Site”). The T&Cs also incorporate SHISEIDO’s Shipping Policy and Refund Policy.
SHISEIDO is a company registered in Malaysia, company registration number: 200501007983 (685030-U), located at Unit 7-03, Level 7, Menara UAC, No.12, Jalan PJU 7/5, Mutiara Damansara, 47800 Petaling Jaya, Selangor Darul Ehsan, Malaysia.
Contact : firstname.lastname@example.org
Throughout these T&Cs, the Client and SHISEIDO are referred to jointly as the “Parties”, and individually as a “Party”. The Client read these T&Cs carefully before she uses the Site or places any order for a Product. By using the Site or purchasing any Product, the Client confirms that she accepts these T&Cs, and agrees to comply with them. If the Client does not agree to these T&Cs, she must not use the Site or purchase any Product.
Please note that the Products are sold through a selective retail network and are solely destined for the Client’s own personal use. SHISEIDO will be entitled to refuse any order that does not clearly correspond to a retail sale.
Clients may record or print out these T&Cs, provided that they do not modify them.
Any special requests made by a Client in relation to any order is always subject to SHISEIDO’s prior written agreement. Any terms which a Client may provide or attach to any order shall have no effect unless agreed in writing by SHISEIDO.
CLAUSE 1: SUBJECT-MATTER
These T&Cs set out the terms and conditions governing the online sale and the delivery of the Products by SHISEIDO to the Client, as well as the respective rights and obligations of the Parties arising from the online sale of the Products that are offered on the Site.
CLAUSE 2: PRODUCTS
2.1. DESCRIPTION OF THE PRODUCTS
The Products available to purchase on the Site and their detailed descriptions are shown on the Site to enable potential Clients to obtain information about the key characteristics of the Products that they wish to buy before placing an order.
SHISEIDO shall use its reasonable endeavours to ensure that the visual depictions of the Products shown on the Site constitute faithful reproductions of the original Products. Nevertheless, given that SHISEIDO does not have full control over the colour rendering properties of the Client’s computer hardware and software, SHISEIDO cannot be held liable for any inaccuracy of the photographs featured on the Site.
SHISEIDO shall also use its reasonable endeavours to ensure that that the Product descriptions are accurate.
Clients who have any questions or require any advice concerning the Products and their use may contact SHISEIDO's Customer Service unit using the contact details mentioned above.
2.2 AVAILABILITY OF THE PRODUCTS
2.2.1. The Products sold by SHISEIDO are those featured on the Site on the day on which the Client accesses the Site, subject to availability.
SHISEIDO shall use its reasonable endeavours to report any permanent or temporary unavailability of its Products on the Site’s information page describing each Product or at the time when a Client places their order.
2.2.2. Where a page mentions free gifts or samples with a purchase, this is subject to availability. An order shall not be cancelled in case of unavailability of free samples or gifts.
CLAUSE 3: PRICES
The prices of the Products are firm and are quoted in Malaysian Ringgit. The applicable prices shall be those that are displayed on the Site at the time when the Client places its order.
Prices for Products are quoted including all taxes. Delivery costs (including any taxes and levies linked to the delivery) shall be listed separately in the shopping cart and shall be set out on the order summary prior to final approval and purchase by the Client. All costs shall be set out in the order confirmation e-mail sent subsequently to the Client.
The total price stated in the order summary and in the order confirmation e-mail covers all of the charges billed to the Client, including all taxes and levies, and delivery costs.
The prices include goods and services tax and any change in the statutory rate of this tax shall be reflected in the prices of the Products featuring on the Site, as of the date the new rate comes into effect.
Should the Client use a bank card tied to an account denominated in a currency other than Malaysian Ringgit, the Client’s bank may charge currency conversion costs and bank costs, which must be borne by the Client in full. Should the Client decide to return the Products, these costs shall not be refunded.
Prices charged will normally be verified as part of the order confirmation. In case of an error in the price quoted for the Products at the time of the order, where a Product's correct price is less than the quoted price, the Client will be charged the lower amount. If a Product’s correct price is higher than the quoted price, SHISEIDO shall contact the Client to give her the option to either maintain her order while paying the right price, or to cancel her order.
CLAUSE 4: ORDERS
4.1. PLACING AN ORDER
By browsing the Site, Clients may obtain more information about the various Products that are on sale on the date of their visit.
To place an order on the Site, a Client must be at least 18 years old, have the legal capacity to be bound by these T&Cs and hold a payment method as required on the Site.
Clients should note that they may change their mind, modify their order, cancel it or add further Products at any point in time during the ordering process, until they confirm their order and pay for it.
After an order is confirmed, the sale shall be final (subject to the Clients' legal rights).
Clients must not provide their debit or credit card details on contact forms, live chats, emails, letters or faxes.
4.2. ORDER CONFIRMATION
Once the order has been confirmed by the Client and the payment has been approved, a summary of the order placed by the Client listing all the Products ordered will be displayed, and an e-mail confirming the order shall be sent to the Client.
CLAUSE 5: RETENTION OF TITLE CLAUSE
The Product(s) ordered will be at the Client's risk on delivery. Ownership of the Product(s) ordered will also pass to the Client on delivery, provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
CLAUSE 6: PAYMENT
6.1. METHOD AND MEANS OF PAYMENT
Payment must be made on the Site immediately at the time of placing the order, in Malaysian Ringgit and by the methods of payment available on the Site. Any other method of payment shall not be accepted.
The Client hereby warrants to SHISEIDO that she holds all the requisite authorisations to use her chosen method of payment at the time of the approval of her order.
6.2 SECURE TRANSACTIONS
The order transaction shall be performed in keeping with all applicable banking security standards.
CLAUSE 7: DELIVERY AND RECEIPT
7.1. DELIVERY TERMS AND COSTS
The Products that are ordered may only be delivered to Malaysia.
Once the order has been prepared, it will be dispatched to the postal address provided by the Client upon placing the order.
Given that the orders are delivered by a third party service provider, SHISEIDO hereby disclaims, to the fullest extent permitted by law, all liability for the delayed performance or the improper performance of this delivery obligation if this arises from the Client’s own fault, or from force majeure.
In any event, the order must be delivered within 30 days following the day after that on which the Client placed their order, subject to full payment of the price.
Should the order not have been delivered within this timeframe, the Client shall have the right to cancel her order. The moneys paid by the Client will then be refunded.
7.2 LATE DELIVERY
The Clients must inform SHISEIDO about any delay in the delivery of their orders that they are aware of as soon as possible using the above-mentioned contact methods.
7.3 RECEIPT OF THE PRODUCTS
Each delivery shall be deemed to have been performed once the Client or a third party designated by the Client has taken physical possession of the Product(s), with signature of the delivery note where available.
It is the Client’s responsibility to check that the Products that are delivered comply with the order and are in good condition when they are received.
In case of damaged or missing items, Clients must promptly notify the carrier, on the carrier’s form where available and providing a reasonable level of detail. In any case, the Client shall also contact the Customer Service unit of SHISEIDO using the methods provided above without undue delay.
CLAUSE 8: RETURN POLICY
Refer to Refund Policy.
CLAUSE 9: STATUTORY WARRANTIES
SHISEIDO does not exclude or limit any warranty implied by law that it would be unlawful to exclude or limit. Subject to the foregoing, SHISEIDO makes no representations or warranties, express or implied, in connection with these T&Cs.
CLAUSE 10: LIABILITY IN RELATION TO THE SITE
SHISEIDO hereby disclaims liability for any inconvenience or damage arising from the Client’s use of the Internet network, such as breakdowns of the service, external intrusions or the presence of computer viruses and unavailability of the Site due to maintenance operations, technical failures or force majeure events.
SHISEIDO shall not be liable for non-material mistakes.
SHISEIDO shall not be liable if the customer service is unavailable due to events beyond SHISEIDO’s control, including in case of a technical failure, interruption of the telephone or internet networks, equipment failure etc.
SHISEIDO is responsible to the Client for foreseeable loss and damage caused by SHISEIDO. Loss or damage may be foreseeable if it is obvious that it will happen. SHISEIDO does not exclude or limit its liability to the Client where it would be unlawful to do so. This includes liability for death or personal injury caused by SHISEIDO's negligence or the negligence of SHISEIDO’s employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of the Client's legal rights in relation to the Products. SHISEIDO is not liable for business losses or loss of profits. SHISEIDO only supplies the Products for domestic and private use.
SHISEIDO’s liability to the Client under or in connection with these T&Cs will be limited to three times the amount that the Client paid for the Products (for which the liability arose from).
The above liability limitations are made to the full extent permitted by applicable law, and without affecting the Client's rights as a consumer.
CLAUSE 11: CAPACITY
All Clients must be at least 18 years old and have the capacity to be bound by these T&Cs to place an order on the Site.
CLAUSE 12: PRIVACY
SHISEIDO’s Privacy Notice, which is available here on the Site, forms part of these T&Cs. The Privacy Notice describes how SHISEIDO processes the Client’s personal data it collects or which the Client provides when placing an order on the Site.
CLAUSE 13: FORCE MAJEURE
SHISEIDO shall be under no liability for any delay or failure to deliver Products if the delay or failure is wholly or partly caused by circumstances beyond SHISEIDO's reasonable control. These circumstances include, without limitation: (a) acts of God, earthquake, flood, drought, or other natural disaster; (b) delay or failure by suppliers or subcontractors; (c) regulatory or governmental action or law, including without limitation imposing an export or import restriction, quota or prohibition; (d) imposition of sanctions, embargo, or breaking off of diplomatic relations; (e) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict; (f) epidemic or pandemic; and (g) any labour or trade dispute, strikes, industrial action or lockouts.
CLAUSE 14: SEVERABILITY
Should one or more of the provisions of these T&Cs be considered invalid or be declared as such in application of a law or a regulation, or pursuant to a final ruling by a court or authority that has jurisdiction, the other provisions shall remain fully valid.
CLAUSE 15: WAIVER
If either the Client or SHISEIDO does not enforce any part of these T&Cs, that party is not prevented from enforcing that part of these T&Cs at any other time.
CLAUSE 16: HEADINGS
In case of differences of interpretation between any of the titles of the clauses and any of the actual terms of these T&Cs, the titles will be deemed to be null and void.
CLAUSE 17: MAKING CHANGES TO THESE T&CS
SHISEIDO shall be entitled to modify these T&Cs at any point in time. Any new version of these T&Cs shall be announced on the Site. The version that is published online on the Site shall always take precedence over all the other versions of these T&Cs. However, the applicable T&Cs are those accepted by the Client at the time of placing the order.
CLAUSE 18: INTEGRAL NATURE OF THESE T&CS
These T&Cs and the order summary sent to the Client shall form a contractual whole comprising the entire agreement between the Parties.
CLAUSE 19: LANGUAGE
These T&Cs of the Site are hereby drawn up in English. The entire content of the Site is accessible in English only.
CLAUSE 20: APPLICABLE LAW – SETTLEMENT OF DISPUTES
These T&Cs will be governed by Malaysia law. The Client agrees that any dispute between the Parties regarding these T&Cs or any order will be submitted to the exclusive jurisdiction of the courts of Malaysia.