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WEBSITE TERMS AND CONDITIONS
Welcome to Mentholatum Website
1. INTRODUCTION
1.1 The Company operates the Site as an online e-commerce platform for the display, promotion and sale of Goods to User. The terms governing the purchase of the Goods shall be subject to these Website Terms and Conditions and/or such other policies and terms as may be determined by the Company from time to time.
1.2 These Website Terms and Conditions shall apply to all User.
1.3 By accessing and using the Site and any services and/or features made available herein, the User acknowledges that the User has read, understood and agreed to be bound by these Website Terms and Conditions
1.4 If the User disagrees with any of the Website Terms and Conditions, the User shall immediately cease accessing and using the Site and shall not access, use or enjoy any services, features or facilities provided through the Site.
1.5 The Company reserves the right to unilaterally change, modify, add, or remove any terms herein at any time and the changes and/or amendments shall take effect immediately upon the same are posted and/or published on the Site.
1.6 User is to check these Website Terms and Conditions regularly, and the continuing usage and/or access of the Site and its entailing services and/or facilities following the posting and/or publication of the changes to the terms and conditions shall be deemed an acceptance of those changes.
2. DEFINITIONS
2.1 “Account” means the registered user account created by a User on the Site, comprising the User’s login credentials, personal details and other information provided by the User, which allows the User to access certain features and services available on the Site, including but not limited to placing orders, managing account details and viewing purchase history.
2.2 “Company” means Rohto-Mentholatum (Malaysia) Sdn Bhd (Registration No. 199501025486 (354691-U)), a company incorporated in Malaysia having its business address at Unit 9-1, Level 9, Wisma Averis, Avenue 5, Bangsar South City, No. 8 Jalan Kerinchi, 59200 Kuala Lumpur
2.3 "Goods" means any goods, products, merchandise and/or services listed, displayed and/or made available for sale through the Site;
2.4 “Order” means any order placed by a User through the Site for the purchase of Goods offered by the Company;
2.5 “Site” means https://mentholatum.com.my/
2.6 “User” means any person who accesses, visits, browses, uses, interacts with, or purchases products through the Site, including but not limited to users, visitors, customers, buyers, account holders, registered users, guest users and/or any person accessing, browsing, using or purchasing products through the Site, whether or not such person has created and/or registered an account with the Site or accesses and/or uses the Site as a guest user.
2.7 “Website Terms and Conditions” means these terms and conditions of the Site, including any amendments, updates, guidelines, policies and/or additional terms and conditions from time to time.
3. USE OF THE SITE
3.1 By accessing and agreeing to be bound by the Website Terms and Conditions, the User is granted a non-transferable and revocable licence to access and use the Site for the purpose of browsing, viewing and purchasing Goods offered through the Site.
3.2 Any non-compliance or breach of any of the Website Terms and Conditions will result in the immediate revocation of the license granted herein by the Company without any notice to the User.
3.3 The contents, information, descriptions, specifications, images and illustrations of Goods provided and/or published on the Site are intended for general information and reference purposes only. While the Company endeavours to ensure the accuracy of such information, the Company does not warrant that all information, descriptions, images or illustrations displayed on the Site are free from errors, omissions or inaccuracies, and the Company reserves the right to rectify any such errors, omissions or inaccuracies at any time without prior notice.
3.4 Certain services, features and/or functionalities made available through the Site may require separate registration and/or subscription by the User. Where the User elects to register or subscribe for such services, features and/or functionalities, the User agrees to provide accurate, complete and current information and to promptly update such information upon any changes.
4. USER REGISTRATION, ACCOUNT CREATION AND ACCESS
4.1 The User may purchase Goods through the Site either by logging into an existing Account, creating a new Account through the Site registration process, or proceeding as a guest user by providing the necessary information required to complete the purchase.
4.2 The User shall provide accurate, complete and current information as may be required by the Company in connection with the registration of an Account, the placement of an Order (whether as a registered User or as a guest) and/or the use of the Site, including but not limited to the User’s name, identity or passport number, contact details, delivery address, email address and/or such other information as the Company may reasonably require. The User shall be responsible for ensuring that such information remains accurate, complete and up to date, and shall promptly update and/or confirm such information whenever required by the Company for the purposes of processing any Order, purchase transaction and/or delivery arrangement.
4.3 Where required for verification, payment processing or other purposes permitted by laws and regulations, the User may be required to provide additional information, including identification and payment-related information.
4.4 By registering an Account, the User may be entitled to participate in the Company’s loyalty programme and earn loyalty points which may be redeemed for discounts, gifts, rewards or such other benefits as may be determined by the Company from time to time. The Company reserves the right to amend, modify, vary, suspend or withdraw any loyalty points, redemption mechanism, rewards, benefits, privileges and/or terms relating to the loyalty programme at any time without prior notice.
4.5 The User is solely responsible for maintaining the confidentiality and security of the User’s Account, including any username, password and other Account credentials. Such credentials are personal, confidential and non-transferable, and the User shall not disclose, share, transfer or permit any third party to use the User’s Account or access the Site through such credentials. All activities, transactions and/or actions conducted through or under the User’s Account shall be deemed to have been performed by the User, whether authorised by the User or otherwise, and the User shall be responsible and liable for the same.
4.6 The User shall immediately notify the Company upon becoming aware of any unauthorised use of the User’s Account or any suspected security breach relating to the User’s Account.
4.7 The Company shall not be responsible or liable to the User for any loss, damage, claim or liability arising from or in connection with the use, misuse, unauthorised access or activities conducted through the User’s Account.
4.8 In the event that any information provided or submitted by the User to the Company is found to be false, inaccurate, incomplete, misleading or otherwise not up to date, the Company shall be entitled to suspend, restrict or terminate the User’s Account (where applicable), cancel any pending Orders, restrict access to the Site and/or any features, facilities or services available through the Site, and/or take such other actions as the Company deems fit.
4.9 The User must be at least eighteen (18) years of age to create an Account, place an Order through the Site and/or use the Site. The Company reserves the right to reject, cancel or refuse any registration, Order and/or transaction if the User does not satisfy the foregoing age requirement or if the Company reasonably believes that the User is not authorised or eligible to use the Site.
4.10 At all times the Company reserves the right to monitor the User’s access to and activities on the Site, including but not limited to activities conducted through an Account, Orders placed, transactions made and/or use of any features, services or facilities provided through the Site.
5. USER SUBMISSIONS
5.1 Any data, information, materials, questions, reviews, comments, suggestions, feedback and/or other content submitted, uploaded, posted or otherwise provided by the User through the Site ("Submissions") shall remain the property of the User.
5.2 By submitting any Submissions, the User grants the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable and sublicensable licence to use, reproduce, publish, distribute, display, adapt, modify, translate and otherwise exploit such Submissions for the purposes of operating, promoting, advertising, marketing, improving and administering the Site, the Goods and the Company's business.
6. ORDER & ACCEPTANCE
6.1 The User understands, acknowledges and agrees that the Company shall only accept Orders placed for delivery of Goods within the territory of Peninsular Malaysia, Sabah and Sarawak.
6.2 The Company reserves the right, at its sole discretion, to reject, refuse, cancel or decline to process any Order at any time for any reason whatsoever, whether before or after Order confirmation, including but not limited to where the Goods are unavailable, the information provided by the User is inaccurate or incomplete, the payment cannot be authorised or verified or where the Company reasonably suspects fraud, unauthorised or unlawful activity. The Company shall not be liable for any loss, damage, cost or expense arising from such rejection, refusal, cancellation or non-processing of an Order.
6.3 The Company reserves the right to correct any typographical, clerical, administrative or other errors or omissions in any invoice, product listing, information and/or document displayed or issued through the Site without any liability to the Company.
6.4 An Order shall be deemed completed upon the successful delivery of the Goods to the delivery address provided by the User as confirmed by the delivery records and/or notification issued through the Site (“Completed Order”).
6.5 Cancellation of Order
(a) By the User
(i) An Order may be cancelled by the User prior to the preparation and/or dispatch of the Goods and/or the handover of the Goods to the appointed logistics provider however subject to the Company's prior approval and any applicable administrative, cancellation, processing and/or other charges as may be imposed by the Company.
(ii) Once the Goods have been prepared, dispatched, handed over to the appointed logistics provider for delivery and/or the Completed Order, such Order shall no longer be entitled for cancellation by the User.
(b) By the Company
(i) The Company is entitled to cancel an Order prior to delivery where such cancellation is not attributable to any fault, negligence, default, act or omission of the User, including but not limited to stock unavailability, technical errors, pricing errors, force majeure, suspected fraudulent transactions and/or circumstances beyond the Company’s reasonable control. In such event, the Company shall refund the purchase price in full, without interest, to the User at the actual amount paid by the User through the original payment method used for the purchase or such other method as may be determined by the Company.
(ii) The Company is entitled to cancel an Order where such cancellation arises from any fault, negligence, default, act or omission of the User, including but not limited to inaccurate information provided by the User, failure to make payment, suspected fraudulent activities, misuse of the Site and/or breach of these Website Terms and Conditions and/or the Exchange and Refund Policy. In such event, the Company shall not be liable to refund the purchase price to the User.
(iii) Where payment for an Order is not successfully completed or received by the Company within the period prescribed by the Company, the Company is entitled cancel such Order without further notice to the User.
6.6 Any delivery charges, fees, surcharges, taxes, levies, costs and/or other charges arising from the delivery of the Goods to the delivery address provided by the User shall be borne by the User as stated on the Site during the checkout process.
7. PRICING
7.1 The price of the Goods shall be the price displayed on the Site and is exclusive of taxes, sales and service tax (“SST”), duties, delivery charges, handling fees and/or other charges. Any such additional charges shall be clearly indicated during the checkout process and shall be borne by the User.
7.2 The Company reserves the right to amend, modify or update the prices of the Goods at any time without prior notice.
7.3 The Company reserves the right to correct any typographical, clerical or pricing errors displayed on the Site and shall not be bound by any incorrect price arising from such errors. Where payment has been made based on an incorrect price, the Company shall be entitled to cancel the Order and refund any amount paid by the User.
8. TERMS OF PAYMENT
8.1 Payment for the purchase of Goods through the Site shall be processed through the payment methods and channels provided or authorised by the Company from time to time.
8.2 The Company may engage third party payment gateway service providers to facilitate payment processing for Orders placed through the Site. The Company shall not be responsible or liable for any loss, damage, failure, delay or error arising from or in connection with the services provided by such third-party payment gateway providers.
8.3 All payments shall be made in the currency of the Malaysian Ringgit only.
8.4 All Orders shall only be processed and/or confirmed after full payment of the purchase price and any other applicable charges has been successfully made, received and/or verified by the Company.
8.5 The payment methods available for the purchase of Goods through the Site may include the following:-
(a) Credit Card / Debit Cards
(i) The Company accepts Visa and MasterCard credit and debit card payments through authorised payment gateway providers, which may be subject to 3D Secure authentication and industry-standard security measures.
(ii) Where a non-Malaysian issued card is used for payment, any applicable foreign exchange conversion fees, charges or costs imposed by the relevant card issuer, bank or payment service provider shall be borne by the User.
(b) Online Banking
(i) Payment through online banking services via FPX, including participating banks such as AmBank, Bank Islam, CIMB Bank, Hong Leong Bank, Maybank, Public Bank, RHB Bank and/or such other participating banks as may be made available from time to time.
(ii) Payment by bank transfer to the bank account designated by the Company from time to time, where applicable.
(c) E-wallet
(i) Where the User selects payment via an e-wallet, the User authorises the Company and/or the relevant payment service provider to process the payment from the User’s e-wallet account.
(ii) The User shall ensure that the e-wallet account used for payment is valid, active and has sufficient funds or credit limit to complete the transaction.
(iii) E-wallet payments may include Touch ‘n Go eWallet, GrabPay, Boost, ShopeePay, MAE (Maybank e-wallet) and/or such other e-wallet payment methods as may be determined by the Company from time to time.
9. Delivery
9.1 Delivery of the Goods shall be made to the delivery address provided by the User during the purchase process and/or as stated in the Order confirmation.
9.2 The Company shall be entitled to appoint and/or engage any third party courier, logistics provider and/or any other service provider to perform the delivery of the Goods on behalf of the Company without prior notice to the User.
9.3 Any date or timeframe provided for the delivery of the Goods is an estimate only and shall not constitute a guaranteed delivery date. The Company shall not be liable for any delay, failure and/or inability to deliver the Goods within the estimated delivery timeframe due to any reason beyond the Company’s reasonable control.
9.4 Where the Goods are not delivered within fourteen (14) working days from the date of the Order, the Company may notify the User of the revised delivery timeframe.
10. Risk and property of the Goods
10.1 Risk of loss or damage to the Goods shall pass to the User:
(a) upon the Goods are delivered to the delivery address provided by the User; or
(b) where the User fails, refuses or is unable to accept delivery of the Goods, at the time when the Goods are delivered to the delivery address provided by the User.
10.2 Notwithstanding that delivery and the passing of risk in the Goods as the case may be, ownership, property and title to the Goods shall remain with the Company until full payment of the purchase price and all applicable charges has been received by the Company.
10.3 In the event that the User receives the Goods before full payment of the purchase price and any applicable charges has been received by the Company, the User shall hold the Goods on behalf of the Company until full payment has been made. The Company shall be entitled to demand the return of such Goods if payment remains outstanding.
11. WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY
11.1 Subject as expressly provided for in this Website Terms and Conditions, all other warranties, conditions or terms, including those implied by statute or common law are excluded to the fullest extent.
11.2 The Company does not provide any additional warranty, representation or assurance in respect of the Goods purchased through the Site beyond those expressly stated in this Website Terms and Conditions, including but not limited to the following:-
(a) the Company does not warrant or guarantee that the Goods will achieve any specific results, outcomes or effects for any particular User, as the effectiveness, performance and/or results of the Goods may vary depending on individual circumstances, including but not limited to the User’s skin type, skin condition, usage, application and/or any other personal factors.
(b) The Company shall not be responsible or liable for any defects, damage, deterioration or adverse effects arising from improper handling, storage, misuse, alteration, modification, failure to follow the instructions or directions provided by the Company and/or any negligence, default, act or omission of the User or any third party.
(c) The Company shall not be responsible or liable for any loss, damage, claim or liability suffered or incurred by any third party arising directly or indirectly from the use, handling, storage, alteration, modification or misuse of the Goods by the User or any third party.
(d) The Company shall not be responsible or liable for any claim relating to the Goods where the User has failed to make full payment of the purchase price and any applicable charges payable to the Company.
(e) The Company shall not be responsible or liable for any defects, damage or issues arising from the use of the Goods after the expiry date stated on the Goods or packaging, or where the User has failed to comply with the exchange, refund and/or return requirements as prescribed by the Company.
11.3 The User acknowledges that individual skin sensitivity and reactions may vary, and the Company does not warrant that the Goods will be suitable for every User. The User shall be responsible for reviewing the product information, ingredients, usage instructions and/or conducting any necessary suitability assessment before use of the Goods.
11.4 The Goods are not intended to diagnose, treat, cure or prevent any medical condition. The User should seek appropriate professional advice where necessary.
11.5 The Company reserves the right to update, amend or revise product descriptions, ingredients, packaging, instructions and/or other product information from time to time, and the User shall refer to the information provided with the Goods purchased.
12. INDEMNITY
12.1 The User shall indemnify and keep indemnified the Company, its affiliates, directors, officers, employees, agents and representatives against any and all losses, damages, liabilities, claims, demands, actions, proceedings, costs and expenses (including reasonable legal costs) arising out of or in connection with:-
(a) any breach by the User of these Website Terms and Conditions;
(b) any misuse, improper handling, storage, alteration, modification or unauthorised use of the Goods by the User or any third party accessing the Goods through the User;
(c) any inaccurate, incomplete or misleading information provided by the User; and/or
(d) any act, omission, negligence or default of the User in connection with the User’s use of the Site, purchase of the Goods and/or access to the services provided through the Site.
13. EXCHANGE AND REFUND POLICY
13.1 Any request for exchange and refund of Goods purchased through the Site shall be governed by the Exchange & Refund Policy which forms part of these Website Terms and Conditions.
13.2 By placing an Order through the Site, the User acknowledges and agrees to be bound by the terms and conditions of the Exchange & Refund Policy (as may be amended, updated or revised by the Company from time to time).
13.3 In the event of any inconsistency between these Website Terms and Conditions and the Exchange & Refund Policy in relation to exchange, refund or return of Goods, the terms in the Exchange & Refund Policy shall prevail.
14. Force Majeure
14.1 The Company shall not be liable or deemed to be in breach of this Agreement for any delay, failure or inability to perform any of its obligations under this Agreement where such delay, failure or inability arises from any cause beyond the Company’s reasonable control.
14.2 Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control:
(a) An Act of God, explosion, flood, tempest, fire or accident;
(b) war or threat of war, sabotage, insurrection, civil disturbance or requisition;
(c) acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental or local authority;
(d) import or export regulations or embargoes;
(e) interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of of the Company or of a third party);
(f) interruption of production or operation, difficulties in obtaining raw materials, labour fuel parts, or machinery; or
(g) power failure or breakdown in machinery.
14.3 Upon the occurrence of any one of the events set out in Clause 14.2, the Company may at its option:-
(a) suspend or delay the performance of any affected obligations, including the delivery of Goods, for the duration of such event; and/or
(b) cancel any affected Order or terminate any affected services with immediate effect by written notice to the User, and the Company shall not be liable for any loss, damage, cost or expense suffered by the User arising from such suspension, delay, cancellation or termination.
15. INTELLECTUAL PROPERTY
15.1 All intellectual property rights, including but not limited to trademarks, trade names, product names, logos, designs, packaging, labels, product information, formulations, concepts and other materials relating to the Goods shall remain the property of the Company. Nothing contained in the Site, the sale of the Goods or these Website Terms and Conditions shall be construed as granting the User any right, title or interest in or to such intellectual property right.
15.2 All intellectual property rights, whether registered or unregistered, in and to the Site, including but not limited to the content, materials, website design, layout, text, graphics, images, photographs, videos, audio, software, source code, compilations, and the selection and arrangement thereof, shall remain the property of the Company.
15.3 All rights are reserved. No part of the Site and any intellectual property rights relating to the Goods shall be reproduced, duplicated, copied, modified, distributed, displayed, transmitted, published or otherwise used in any manner without the prior written consent of the Company.
16. NOTICES
16.1 Any notice, communication or notification required or permitted to be given by either party to the other hereunder shall be in writing and addressed, if to the Company, to its registered office or principal place of business, and if to the User, to the address, email address or contact details provided by the User during the purchase process, registration of an Account or through any other communication channel provided to the Company.
16.2 Any notice, communication or notification sent electronically, including through email, SMS, the Site, mobile application or any other electronic means of communication designated by the Company from time to time, shall be deemed valid and sufficient notice under this Website Terms and Conditions.
17. APPLICABLE LAW AND JURISDICTION
17.1 This Website Terms and Conditions shall be interpreted and governed by the laws of Malaysia.
17.2 Any controversy, claim or dispute arising out of or relating to this Website Terms and Conditions and/or any transactions made in this Site or with other parties therein will be referred to and adjudicated through a court of competent jurisdiction in Malaysia.
18. SUSPENSION AND TERMINATION
18.1 In addition to any other legal or equitable remedies available to the Company, the Company may, without prior notice, suspend, restrict or terminate the User’s access to the Site and/or any services or features provided through the Site, including the User’s Account (where applicable), if the User breaches any provision of these Website Terms and Conditions or where the Company reasonably considers such action necessary.
18.2 Upon any suspension or termination of the User’s access to the Site and/or services provided through the Site, the User shall cease to have access to the affected features or services, including the User’s Account (where applicable), without prejudice to any rights or obligations accrued prior to such suspension or termination.
18.3 Any suspension or termination of the User’s access to the Site and/or services provided through the Site shall not affect any rights, obligations or liabilities accrued prior to the effective date of such suspension or termination, including without limitation any payment obligations arising from any Order placed before such suspension or termination.
18.4 The Company shall not be liable to the User or any third party for any loss, damage, cost and/or expense arising from or in connection with any suspension or termination of the User’s Account and/or access to the Site carried out in accordance with these Website Terms and Conditions.
19. MISCELLANEOUS
19.1 The failure or delay by the Company to exercise any right, remedy, power or privilege under these Website Terms and Conditions shall not constitute a waiver of that right, remedy, power or privilege, nor shall any waiver of any breach constitute a waiver of any subsequent breach of the same or any other provision.
19.2 If any provision of this Website Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Website Terms and Conditions and the remainder of the provision in question shall not be affected thereby and shall remain valid and effective.
19.3 No person who is not a party to these Website Terms and Conditions shall have any right to enforce or rely on any provision of these Website Terms and Conditions, unless otherwise expressly provided under these Website Terms and Conditions.
19.4 Although the Company strives to provide all Users with access to the Site twenty-four (24) hours a day, the Company cannot guarantee that the Site will always be available, functional, uninterrupted and/or operate free from error, and would likewise be subject to occasional server maintenances.
19.5 The Company shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information by means of injunctive or any other equitable relief.
19.6 THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS WESBITE TERMS AND CONDITIONS, THE SITE, THE INABILITY TO USE THE SITE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE SITE.
