TERMS AND CONDITIONS FOR USERS

Version 1.0 (as at 30/07/2020)

The terms and conditions of this agreement (“the Agreement”) govern the relationship between BEAUTÉ DE LUXXO and/ or its subsidiaries and/ or affiliates within Malaysia or other jurisdiction (“we” or “our” or “us” or “Beauté de Luxxo” or “the Company“) and the registered user (“you” or “your” or “the Registered User”) and your use of any of the services, functions or features provided by Beauté de Luxxo, either itself or through its affiliates, via the website  [https://beautedeluxxo.com] designed by the Company (“the Site”).

The Site is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, policies, privacy policy and notices set forth below. By using the Site, you acknowledge and agree that you have read, understood and agreed to be bound by the Agreements appearing herein under.

We provide this Site through which the Registered User may purchase Beaute De Luxxo’s products and/or services (“the Product”) and the Registered User may manage, accept, conclude, and fulfil orders made for the sale and purchase of Products. The Registered User shall deliberately exclude the Beaute De Luxxo from all liabilities arising from any breach of contract, either from tort or contract, or from any civil or criminal offences.

For avoidance of doubt, this Agreement applies to all Registered User accessing, browsing or otherwise using the Site via any computer, hand-held device, personal digital assistant, or other automated device or program. If you do not accept all these terms and conditions, you are not authorized to use the Site.

Please read the Agreements carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes.

  1. Account Registration
    • To fully access, experience or to use the Site, you are required to register an account by providing, among others, your real name, documents proving your identity, corresponding email address, and / or other personal information as required by us and following the instructions on the relevant page in order to become our User (“the Registration Information”).
    • We reserve the right to seek more personal information or personal details from you at any time for the purpose of the usage of the Site.
    • You acknowledge and understand that you shall provide us with accurate, complete, and updated Registration Information. In the event of any updates of the personal data, you shall take steps to notify us for such update. Failure to do so shall constitute to a breach of the terms and condition of this Agreement, which may result in immediate termination of this Agreement by us at our discretion and we shall not be made legally responsible for this account.
    • You understand that all Registration Information including images, pictures, data, text, photographs, graphics, lists, video, messages, or other materials stored or uploaded in Site by you or by any party authorized by you (“the Authorized Party”) is the exclusive work and property from whom such upload content is originated.
    • We do not claim any ownership of any Registration Information you upload. You shall retain copyright and any other rights you already hold in such content which you or the Authorized Party submit, post, upload or display on or through the Site. When you or the Authorized Party submit, post, upload or display content, you shall give a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license (and sub-licensable) to archive the content in accordance with or as reasonably contemplated by this Agreement.
    • We reserve the right to remove any upload posted by you or Authorized Party without serving a notice to you.
    • We reserve the right to send you notice to make enquiry and demand corrections on relevant information or refuse registration of, or cancel an account at our discretion.
    • You shall be solely responsible for maintaining the confidentiality of your username and password and you shall be responsible for all activities under your log-in email.
    • The account is personal to you and shall not be shared with third parties or transferred to third parties without notifying us and obtain consent from us.
    • We reserve the right to approve or reject your registration of account and in the event your registration of account is rejected, we are not bound to provide the cause of such rejection and we will not entertain any appeal whatsoever from you.
  2. General Guidelines
    • The use of the Site is subject to our general guidelines: –
      1. You shall be at least 18 years old while accessing, experiencing or to using the Site. If you are below 18 years old (“a minor”), you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Site. The parent(s) or legal guardian(s) must accept and comply with this Agreement on the minor behalf and shall be made liable for all the consequences resulted therefrom and shall deliberately indemnify us from any damages and losses caused therefrom. We reserve our rights to request which you shall then provide to us immediately upon our request, a letter of consent cum undertaking to indemnify duly acknowledged and executed by your parent(s) or legal guardian(s) at any time prior or after the registration of your account.
      2. You shall not purchase our Product for commercial and trading purposes until and unless you are registered as our Registered User in compliance with this Agreement;
  • You shall comply with all the laws, regulations, rules, policies and guidelines as well as this Agreement and any further guidelines that may be issued by us from time to time;
  1. You shall not be in violation of public interests, public ethnics or other’s legitimate interests and shall not commit any act which may constitute evasion of payable taxes or fees;
  2. You shall not be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
  3. You shall not affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person from using all or any portion, features or functions of the Site;
  • You shall not violate any laws, regulations, judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person;
  • You shall not gain unauthorized access to the Site, other User’s accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with any terms and conditions of this Agreement;
  1. You shall not modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person;
  2. You shall not collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person to do so;
  3. You shall not circumvent or manipulate our fee structure, the billing process, or fees owed to us;
  • You shall not post or provide false, inaccurate, misrepresenting, misleading, incomplete, defamatory or libelous content;
  • You shall not take any action that may undermine any ratings system that we may use;
  • You shall not transfer your account and User identification to another party without notifying us and obtain consent from us;
  1. You shall not copy, modify, or distribute:
    1. content of the Site or
    2. any of our copyright or trademarks;
  2. You shall not harvest or otherwise collect information about other User, including telephone number, and email addresses, without our consent.
  • Under no circumstances that we will be liable to any errors, fraudulent act, or omissions of User for damage of any kind incurred as a result of the use the Site.
  • You must take your own precautions to ensure that the process that you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
  • You agree that Beauté de Luxxo may at its discretion , vary the Product either by making such changes in the design production or packaging of the Product as Beauté de Luxxo shall think fit or by the withdrawal of Products which Beauté de Luxxo proposes to withdraw from its product range or by the addition to the Product.
  • You agree that Beauté de Luxxo may at its discretion, launch any event, promotion or campaign from time to time. The final price of the Product may be adjusted accordingly subject to the terms and conditions of such event, promotion or campaign.
  • You agree to adhere to our guidelines and if you fail to do so, we reserve our right to suspend or terminate your account without further notice and we shall not be held liable under any circumstances in the event you breached any clause in this Agreement.
  • We reserve our rights to change, improvise or amend our guidelines from time to time.
    1. Placement of Orders
  • You may from time to time place Order at the Site setting out the requirements for the Order, including the date for delivery and the delivery address.
  • Following the receipt of each Order, BEAUTÉ DE LUXXO shall within seven (7) working days arrange the delivery of the Product to the Registered User in accordance with the Order placed after acquiring the confirmation from BEAUTÉ DE LUXXO that the total purchase price has been settled by the Registered User;
  • The Beauté de Luxxo shall have the right to cancel any Order placed with Beauté de Luxxo in the event if the products purchase under the Order is out of stock or any reasons that Beauté de Luxxo deems fit and proper.
      1. Price

Beauté de Luxxo have the sole discretion to determine and vary the price of the Product from time to time. The price of the Product shall be the price stated at the Site at the time you proceed to check out the order via the Site. The price shall include any applicable sales and services tax but exclude the delivery charges.

In the event that a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, the Company shall have the right to refuse or cancel any orders placed for the same product whether or not the order has been confirmed and/or the payment has been made. If the payment has been made and your order is cancelled, the Company shall refund to you the amount of the payment made within seven (7) working days from the date the order is cancelled.

  1. Payment Term

You may pay for your purchases using a credit card (including, but not limited to, Visa, Mastercard or American Express), PayPal or online bank transfer (where applicable). Credit card payments are subject to verification and authorization by the card issuer. If the issuer does not authorize payment, Beaute De Luxxo shall not be liable for any delay or failure to deliver and we will be unable to conclude any contract with you.

  1. Delivery of Product

Upon payment of the total purchase price, Beauté de Luxxo shall deliver the products to the Registered User within seven (7) working days from the date the Registered User made the full payment to Beauté de Luxxo.

The Registered User acknowledge that the Registered User shall bear all risk attached to the delivery of the purchased Product. In the event the purchased Product is damaged, lost or failure of delivery during the course of delivery, the Registered User acknowledge and agree that Beauté de Luxxo will not be liable for any damage, expense, cost or fees resulted therefrom and the Registered User will reach out to the logistic service provider to resolve such dispute whereby Beauté de Luxxo will but no obligated to act as the facilitator between the Registered User and the logistic service provider.

Any date quoted for the delivery of the Product is merely an estimation and delays may occur. The time for delivery shall not be of the essence, and Beauté de Luxxo shall not be liable for any delay in delivery howsoever caused.

  1. Passing of Risk and Title

The and risk in the Product shall pass to the Registered User upon delivery of the same to the or if the Registered User fails to take delivery of the Product (otherwise than by reason of any cause beyond the Registered User’s reasonable control or fault), when Beauté de Luxxo has tendered delivery of the Product.

Notwithstanding anything stated herein, the title to the Product shall only passed to the Registered Owner upon payment of total purchase price by the Registered Owner in full.

  1. Return and Refund Policy

All Item sold on the Site is covered under the Beauté de Luxxo thirty (30) days of Grace Period depending on the Item sold (“Return Policy”). Buyer may initiate the returns process by communicating with Beauté de Luxxo or Seller through the Site. Refer to Refund/Return Policy.

Beauté de Luxxo may request for evidence from the Registered User proving that the Product delivered is in damaged or defective condition on delivery or the Product has caused irritated skin or an allergic reaction (including but not limited to photo and medical report).

  1. Possible Technical Problem
    1. We may block, suspend, delete or cancel the Registered Owner’s account if our computer system is damaged or interfered with any uncontrollable factors including but not limited to computer virus, corrupted data and malfunctions.
    2. To the extent permitted under the law, we shall not be liable or responsible for any loss, damage (whether special or consequential), embarrassment, goodwill, expenses or loss of profit incurred or suffered by the Registered Owner pursuant to any failure, delays in transmission, interruption, errors, omission or breakdown of any equipment, system, server software or terminal of the Company.
  2. Confidential Information
  3. We will not disclose any information made available to us including but not limited to all information contained within our reporting systems and any other information we disclose or make available to you directly or indirectly, whether in writing, orally or visually (“Confidential Information”).
  4. Confidential Information does not include any information other than information that is or becomes publicly known and generally available other than through your action or inaction; or was already in your possession (as documented by written records) without confidentiality restrictions before you received it from us.
  5. You acknowledge, consent and agree that we may process, access, preserve and disclose your account information and content for the purpose to provide services or if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
    1. comply with legal process;
    2. enforce this Agreement;
  • respond to claims that any content violates the rights of third parties;
  1. respond to your requests for customer service; or
  2. protect our rights, property or personal safety, our User and the public.
  1. Our Intellectual Property Rights
    • You acknowledge that we own all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), whether registered or unregistered, in and to the Site at all times. You shall not acquire any rights, titles, or interests in or to the Site except as expressly set forth in this Agreement.
    • You shall not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our Product, services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Site or proprietary information related thereto.
    • You shall not remove, obscure, or alter our copyright notice or other proprietary rights notices affixed to or contained in the Site by any means which amounting to unauthorized, and unlawful access into our back-end system.
    • “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trade mark law, non-competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.
  1. Disclaimer
    • The Product and services are provided “as is” and “as available”. To the extent permitted under the applicable law, we disclaim all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
    • Some Product may have an associated image or photo. All images, photos and specifications shown are for illustration purpose only. Actual product may vary due to product enhancement.
    • You acknowledge that all information herein is not intended to diagnose, treat, cure, prevent any condition or disease nor substitute or replace the advice of a qualified medical professional. All tests are conducted on a closed trial sampling and different people may experience different reactions and benefits.
    • You should always consult an appropriate independent professional doctor or medical officer or specialist for specific advice tailored to your health, well-being, circumstances, requirement or needs.
    • You acknowledge that any instructions, confirmation and/or communication sent from your device shall be deemed to have been sent and/or issued by you irrespective of whether such instructions, confirmation and/or were actually sent by you or not. You shall be personally liable and responsible for the use of your Account including but not limited to all transactions undertaken and/or transacted using the account irrespective of whether the transactions are undertaken and /or transacted by you.
    • You acknowledge and agree that it is your responsibility to perform your own due diligence, seek professional advice, access the risk of the transaction made through the Site.
    • We strive to ensure that the technology and information on the Site is accurate, effective reliable and up to date but do not represent or warrant that: –
      1. the access to the Site or any part of it, will be uninterrupted, reliable or fault-free; and
      2. the accuracy, completeness, and reliability of the contents that uploaded by us or the other User as reflected in the Site.
  1. Limitation of Liability
    • Subject to the claims available under the applicable law, you expressly agree that we, our directors, officers, shareholders, employees, representatives, consultants, service providers, agents, contractors, and/or distributors (if any) shall not be liable for any loss of profits, data, or for any other indirect, special, incidental, punitive, consequential damages arising out of or in connection with this Agreement or other intangible losses, however caused, and under whatever cause of action or theory of liability brought resulting from: –
      1. your access to or use of or inability to access or use the Site;
      2. any conduct or content of any third party on the Site, including without limitation, any defamatory, offensive or illegal conduct of other Registered User or third parties;
  • inaccuracy or omission of the information that may be extracted from the Site;
  1. any content obtained from the Site that uploaded by Registered User; and
  2. unauthorized access use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
  1. If you are dissatisfied with any aspect of the Site, or with any of these terms of use, your sole and exclusive remedy is to seek for dispute resolution process or discontinue your access and/or use of the Site.
  2. In no event shall our total liability to you in connection with the usage of our product or Site for all damages, losses and causes of action exceed the amount you paid to purchase the product.
  1. Indemnity

You agree to indemnify, and hold us, our agents, service providers, affiliates, shareholders, subsidiaries, directors, officers, employees, and applicable third parties (e.g. syndication partners, licensors, licensees, consultants and contractors) (“Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Site, the use of the Services and/or your breach of any term of this Agreement.  You shall deliberately indemnify us for any interference or damage to any computer system that arises in connection with your use of the Site or any linked website.

  1. Force Majeure

We shall not be liable to you for any breach for any reason of any delay in performing or failure to perform any due to any cause beyond our reasonable control.

Transmissions over the Internet and electronic mail may be subject to interruption, blackout or delays due to internet traffic, or incorrect data transmission due to the public nature of the Internet.

Force Majeure Events shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

  • strike, lockout or other forms of protest;
  • civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, collapse, pandemic, epidemic or any other natural disaster;
  • inability to use trains, ships, aircraft, motorized transport, logistics delivery or other means of transport, public or private;
  • inability to use public or private telecommunications systems;
  • acts, decrees, legislation, regulations or restrictions of any government or public authority; or
  • failure or accident in maritime or river transport, postal transport or other type of transport.
  1. Suspension and Termination
    • We may suspend or terminate your access to all or any part of the Site at any time, with or without cause, effective immediately. You may terminate your use of the Site at any time, provided that all provisions of this Agreement, which shall survive termination, including but not limited to, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
    • We will suspend or terminate your access to the site if you are classified to be, in our sole discretion, a repeat infringer of this Agreement.
    • We also reserve the right to suspend or cancel your account that has been inactive for a period of time.
    • We may, but shall not be obligated to, reasonably issue you advance infringement warning notice(s) via registered email, if you have violated this Agreement prior to suspension or termination of your account.
  1. After Termination

In the event that this Agreement terminates for whatsoever reasons, the following shall be applicable: –

  1. your access to the Site shall immediately be terminated;
  2. you shall dispose of all Product in hand in accordance with Beauté de Luxxo’s instructions;
  3. you shall return all the sample and publicity material used in the promotion and sale of the Product;
  4. we reserve the right to permanently dispose and delete any data held in your registered account without further reference to you;
  5. any claim which either party may have against the other in respect of any breach or non-performance or repudiation of any of the provisions of this Agreement which shall have occurred prior to such termination shall not be affected or prejudiced;

The terms of Clauses 10, 12, 13, 15 and 18 shall survive termination of this Agreement.

  1. Modification
  2. We reserve the right to change our terms and conditions herein from time to time. We may change any or all aspects of services provided by the Site at any time and without notice. Nothing in this Agreement will constrain how we operate our business. You shall be responsible to monitor any such modifications from time to time.
  3. If the alterations constitute a material change to our terms and conditions, we will notify you by posting a notification via your email address registered with us. Usage of the Site by you following such notification constitutes your acceptance of the terms and conditions as modified.
  4. The legality, validity and enforceability of the remaining provisions of these Terms shall not be affected or impaired by any such modification, and shall continue in force.

What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.

  1. Rights of Third Parties

A person or entity who is not a party to these Terms shall have no right under the Malaysia Contracts (Rights of Third Parties) Act or any similar legislation in any jurisdiction to enforce any of these Terms.

  1. Severability

This Agreement shall, so far as possible, be interpreted and construed so as not to be invalid, illegal or unenforceable, in any respect, but if a provision, on its true interpretation or construction is held to be illegal, invalid or unenforceable: –

  1. That term and condition shall, so far as possible, be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation; or
  2. If the term and condition or part of it cannot effectively be read down, that provision or part of it shall be deemed to be void and severable and the remaining provisions of this Agreement shall not in any way be affected or impaired and shall continue notwithstanding that illegality, invalidity or unenforceability.
  1. Governing Law

These Terms, 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.

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 or its subject matter or formation.