Who Are We

Our Website Address Is https://essensior.com

Terms & Conditions

Terms Of Use

Welcome To The https://essensior.com Website. Please Read These Terms And Conditions Carefully. The Following Terms Of Use Govern Your Use And Access To The Platform ( Defined Below ) And The Use Of The Services. By Accessing The Platform And Using The Services, You Agree To Be Bound By These Terms Of Use.

If You Do Not Agree To These Terms Of Use, Do Not Access Or Use This Platform Or The Services. Access To And Use Of Password Protected And Secure Areas Of The Platform And Use Of The Services Are Restricted To Customers With Accounts Only. You May Not Obtain Or Attempt To Obtain Unauthorised Access To Such Parts Of This Platform And Services Or Any Other Protected Information Through Any Means Not Intentionally Made Available By Us For Your Specific Use.

If You Are Below 18 Years Old: You Must Obtain Consent From Your Parent(s) Or Legal Guardian(s), Their Acceptance Of These Terms Of Use And Their Agreement To Take Responsibility For (i) Your Actions; (ii) Any Charges Associated With Your Use Of Any Of The Services Or Purchase Of Products; And (iii) Your Acceptance And Compliance With These Terms Of Use. If You Do Not Have Consent From Your Parent(s) Or Legal Guardian(s), You Must Stop Using/Accessing This Platform And Using The Services.

• Definitions & Interpretation

Definitions. Unless The Context Otherwise Requires, The Following Expressions Shall Have The Following Meanings In These Terms Of Use:

1.1 “Customer” Has The Same Meaning As In The Terms & Conditions Of Sale.

1.2 “Intellectual Property” Means All Copyright, Patents, Utility Innovations, Trademarks And Service Marks, Geographical Indications, Domain Names, Layout Design Rights, Registered Designs, Design Rights, Database Rights, Trade Or Business Names, Rights Protecting Trade Secrets And Confidential Information, Rights Protecting Goodwill And Reputation, And All Other Similar Or Corresponding Proprietary Rights And All Applications For The Same, Whether Presently Existing Or Created In The Future, Anywhere In The World, Whether Registered Or Not, And All Benefits, Privileges, Rights To Sue, Recover Damages And Obtain Relief Or Other Remedies For Any Past, Current Or Future Infringement, Misappropriation Or Violation Of Any Of The Preceding Rights.

1.3 “Essensior Platform Indemnities” Means Essensior Platform And All Its Respective Officers, Employees, Directors, Agents, Contractors And Assigns.

1.4 “Essensior Platform,” “We”, “Our” And “Us” Refer To Essensior Platform E-Services Malaysia, A Company Incorporated Under The Laws Of Malaysia Under Registration Number 002899457-T And Having Its Registered Address At 668, Jalan Bukit Galena 14, Taman Bukit Galena, 70200, Seremban, Negeri Sembilan Darul Khusus Run By DWG Agency. Our Factory Address At Lot 484, Jalan Nilai 7/10 Kawasan Perindustrian Nilai 7, Nilai 71800 Negeri Sembilan Darul Khusus.

1.5 “Listing Price” Means The Price Of Products Listed For Sale To Customers, As Stated On The Platform.

1.6 “Losses” Means All Penalties, Losses, Settlement Sums, Costs ( Including Legal Fees And Expenses On A Solicitor-Client Basis ), Charges, Expenses, Actions, Proceedings, Claims, Demands And Other Liabilities, Whether Foreseeable Or Not.

1.7 “Materials” Means, Collectively, All Web Pages On The Platform, Including The Information, Images, Links, Sounds, Graphics, Video, Software, Applications, And Other Materials Displayed Or Made Available On The Platform And The Functionalities Or Services Provided On The Platform.

1.8 “Order” Means Your Order For Products Sent Through The Platform By The Terms & Conditions Of Sale.

1.9 “Password” Refers To The Valid Password That A Customer With An Account With The Essensior Platform May Use In Conjunction With The Username To Access The Relevant Platform And Services.

1.10 “Personal Data” Means Data, Whether True Or Not, That Can Be Used To Identify, Contact Or Locate You. Personal Data Can Include Your Name, E-Mail Address, Billing Address, Shipping Address, Phone Number And Credit Card Information. “Personal Data” Shall Be Deemed To Include Any Data You Have Provided To Us When Placing An Order, Regardless Of Whether You Have An Account With Us.

1.11 “Platform” Means ( A ) Both The Web And Mobile Versions Of The Website Operated And Owned By Essensior Platform Which Is Presently Located At The Following URL: https://essensior.com And ( B ) The Mobile Applications Made Available From Time To Time By Essensior Platform, Including The iOS And Android Versions.

1.12 “Privacy Policy” Means The Privacy Policy Set Out Here.

1.13 “Product” Means A Product ( Including Any Instalment Of The Product Or Any Parts Thereof ) Available For Sale To Customers On The Platform.

1.14 “Prohibited Material” Means Any Information, Graphics, Photographs, Data, And Any Other Material That:

( A ) Contains Any Computer Virus Or Other Invasive Or Damaging Code, Program Or Macro;

( B ) Infringes Any Third-Party Intellectual Property Or Any Other Proprietary Rights;

( C ) Is Defamatory, Libelous Or Threatening;

( D ) Is Obscene, Pornographic, Indecent, Counterfeited, Fraudulent, Stolen, Harmful, Or Otherwise Illegal Under The Applicable Law; And

( E ) Is Or May Be Construed As Offensive And Otherwise Objectionable In Our Sole Opinion.

1.15 “Services” Means Services, Information, And Functions Made Available By Malaysia At The Platform.

1.16 “Submission” Is As Defined In Clause 8.1 Of These Terms Of Use.

1.17 “Terms & Conditions Of Sale” Means The Terms And Conditions Governing A Customer’s Purchase Of The Products.

1.18 “Terms Of Use” Means The Recitals, Clauses 1 To 12 And Any Schedules To These Terms And Conditions.

1.19 “Trademarks” Means The Trademarks, Service Marks, Trade Names, And Logos Used And Displayed On The Platform, Including The Essensior Platform Trademark, Which Is Property Of DWG Agency ( 002899457-T )

1.20 “Username” Refers To The Unique Login Identification Name Or Code Identifying A Customer Who Has An Account With The Essensior Platform.

1.21 “Product Vendor” Refers To The Unique Login Identification Name Or Code Identifying A Merchant Who Has An Account With The Essensior Platform.

1.22 “Voucher” Means A Voucher For Credit, Which A Customer, Subject To Other Terms And Conditions, May Use For Payment Of Purchases On The Platform.

1.23 “You” And “Your” Refer To The Individuals Over The Age Of 18 Or Otherwise Under The Supervision Of A Parent Or Legal Guardian.

Interpretation: Any Reference In These Terms Of Use To Any Provision Of A Statute Shall Be Construed As A Reference To That Provision As Amended, Re-Enacted Or Extended At The Relevant Time. In The Agreement, Whenever The Words “Include,” “Includes,” Or “Including” Are Used, They Will Be Deemed To Be Followed By The Words “Without Limitation.” Unless expressly Indicated Otherwise, All References To Several Days Mean Calendar Days, And The Words “Month” Or “Monthly,” As Well As All References To A Number Of Months, Means Calendar Months. Clause Headings Are Inserted For Convenience Only And Shall Not Affect The Interpretation Of These Terms Of Use. In The Event Of A Conflict Or Inconsistency Between Any Two Or More Provisions Under These Terms Of Use, Whether Such Provisions Are Contained In The Same Or Different Documents, Such Conflict Or Inconsistency Shall Be Resolved In Favor Of Essensior Platform And The Provision Which Is More Favorable To Essensior Platform Shall Prevail.

• General Use Of Services And Access To Platform

2.1 Guidelines To The Use Of Platform and Services: You Agree To Comply With Any And All The Guidelines, Notices, Operating Rules, Policies, And Instructions About The Use Of The Services And Access To The Platform, As Well As Any Amendments To Those Above, Issued By Us, From Time To Time. We Reserve The Right To Revise These Guidelines, Notices, Operating Rules, Policies, And Instructions At Any Time, And You Are Deemed To Be Aware Of And Bound By Any Changes To The Preceding Upon Their Publication On The Platform.

2.2 Restricted Activities: You Agree And Undertake NOT To:

( A ) Impersonate Any Person Or Entity Or Falsely State Or Otherwise Misrepresent Your Affiliation With Any Person Or Entity;

( B ) Use The Platform Or Services For Illegal Purposes;

( C ) Attempt To Gain Unauthorised Access To Or Otherwise Interfere Or Disrupt Other Computer Systems Or Networks Connected To The Platform Or Services;

( D ) Post, Promote, Or Transmit Through The Platform Or Services Any Prohibited Materials;

( E ) Interfere With Another’s Utilisation And Enjoyment Of The Platform Or Services;

( F ) Use Or Upload, In Any Way, Any Software Or Material That Contains, Or Which You Have Reason To Suspect Contains, Viruses, Damaging Components, Malicious Code, Or Harmful Components That May Impair Or Corrupt The Platform’s Data Or Damage Or Interfere With The Operation Of Another Customer’s Computer Or Mobile Device Or The Platform Or Services; And

( G ) Use The Platform Or Services Other Than In Conformance With The Acceptable Use Policies Of Any Connected Computer Networks, Any Applicable Internet Standards, And Any Other Applicable Laws.

2.3 Availability Of Platform And Services: We May, From Time To Time And Without Giving Any Reason Or Prior Notice, Upgrade, Modify, Suspend Or Discontinue The Provision Of Or Remove, Whether In Whole Or Part, The Platform Or Any Services And Shall Not Be Liable If Any Such Upgrade, Modification, Suspension Or Removal Prevents You From Accessing The Platform Or Any Part Of The Services.

2.4 Right, But Not Obligation, To Monitor Content: We Reserve The Right, But Shall Not Be Obliged To:

( A ) Monitor, Screen, Or Otherwise Control Any Activity, Content, Or Material On The Platform and Through The Services. We May, In Our Sole And Absolute Discretion, Investigate Any Violation Of The Terms And Conditions Contained Herein And May Take Any Action We Deems Appropriate;

( B ) Prevent Or Restrict Access Of Any Customer To The Platform and The Services;

( C ) Report Any Activity It Suspects To Be In Violation Of Any Applicable Law, Statute, Or Regulation To The Appropriate Authorities And To Co-Operate With Such Authorities; And

( D ) To Request Any Information And Data From You In Connection With Your Use Of The Services And Access Of The Platform At Any Time And To Exercise Our Right Under This Paragraph If You Refuse To Divulge Such Information And Data Or If You Provide Or If We Have Reasonable Grounds To Suspect That You Have Provided Inaccurate, Misleading Or Fraudulent Information And Data.

2.5 Privacy Policy: Your Use Of The Services And Access To The Platform Is Also Subject To The Privacy Policy As Set Out Here.

2.6 Terms & Conditions Of Sale: Purchases Of Any Product Would Be Subject To The Terms & Conditions Of Sale.

2.7 Additional Terms: In Addition To These Terms Of Use, The Use Of Specific Aspects Of The Materials And Services, More Comprehensive Or Updated Versions Of The Materials Offered By Us Or Our Designated Sub-Contractors, May Be Subject To Additional Terms And Conditions, Which Will Apply In Full Force And Effect.

• Use Of Services

3.1 Application Of This Clause: In Addition To All Other Terms And Conditions Of These Terms Of Use, The Provisions In Clause 3 Are The Additional Specific Terms And Conditions Governing Your Use Of The Services.

3.2 Restrictions: Use of the Services Is Limited To Authorized Customers Of Legal Age And Who Have The Legal Capacity To Enter Into And Form Contracts Under Any Applicable Law. Customers Who Have Breached Or Are In Breach Of The Terms And Conditions Contained Herein And Customers Who Have Been Permanently Or Temporarily Suspended From the Use Of Any Of The Services May Not Use The Services Even If They Satisfy The Requirements Of Clause 3.2.

3.3 General Terms Of Use:

You Agree:

( A ) To Access and Use The Services Only For Lawful Purposes And In A Lawful Manner At All Times And Further Agree To Conduct Any Activity Relating To The Services In Good Faith; And

( B ) To Ensure Any Information Or Data You Post Or Cause To Appear On The Platform In Connection With The Services Is Accurate And Agree To Take Sole Responsibility For Such Information And Data.

3.4 Product Description: While We Endeavour To Provide An Accurate Description Of The Products, We Do Not Warrant That Such Description Is Accurate, Current, Or Free From Error.

3.5 Prices Of Products: All Listing Prices Are Subject To Taxes Unless Otherwise Stated. We Reserve The Right To Amend The Listing Prices At Any Time Without Giving Any Reason Or Prior Notice.

3.6 Third-Party Vendors: You Acknowledge That Parties Other Than The Essensior Platform ( i.e. Third Party Vendors Or Sellers ) List And Sell Products On The Platform. Whether A Particular Product Is Listed For Sale On The Platform By A Essensior Platform Or A Third-Party Vendor May Be Stated On The Web Page Listing That Product. For The Avoidance Of Doubt, Each Agreement Entered Into For The Sale Of A Third Party Vendor’s Products To A Customer Shall Be An Agreement Entered Into Directly And Only Between The Third Party Vendor And The Customer.

• Customers With Essensior Platforms Account

4.1 Username/Password: Certain Services That May Be Made Available On The Platform May Require Creation Of An Account With Us Or For You To Provide Personal Data. If You Request To Create An Account With Us, A Username And Password May Either Be:

( i ) Determined And Issued To You By Us; Or

( ii ) Provided By You And Accepted By Us In Our Sole And Absolute Discretion In Connection With The Use Of The Services and Access To The Relevant Platform. We May, At Any Time In Our Sole And Absolute Discretion, Request That You Update Your Data Or Forthwith Invalidate The Username and Password Without Giving Any Reason Or Prior Notice And Shall Not Be Liable Or Responsible For Any Losses Suffered By Or Caused By You Or Arising Out Of Or In Connection With Or Because Of Such Request Or Invalidation. You Now Agree To Change Your Password From Time To Time And Keep The Username And Password Confidential. You Shall Be Responsible For The Security Of Your Account And Be Liable For Any Disclosure Or Use (Whether Such Use Is Authorized Or Not) Of The Username And Password. You Should Notify Us Immediately If You Have Knowledge That Or Have Reason For Suspecting That The Confidentiality Of The Username And Password Has Been Compromised, If There Has Been Any Unauthorised Use Of The Username and Password, Or If Your Data Requires Updating.

4.2 Purported Use/Access: You Agree And Acknowledge That Any Use Of The Services And Any Access To The Platform And Any Information, Data, Or Communications Referable To Your Username And Password Shall Be Deemed To Be, As The Case May Be:

( A ) Access To The Relevant Platform and Use Of The Services By You Or

( B ) Information, Data, Or Communications Posted, Transmitted, And Validly Issued By You.

You Agree To Be Bound By Any Access to the Platform and Use Of Any Services ( Whether You Authorize Such Access Or Use Or Not ), And You Agree That We Shall Be Entitled ( But Not Obliged ) To Act Upon, Rely On, Or Hold You Solely Responsible And Liable In Respect Thereof As If The Same Were Carried Out Or Transmitted By You. You Further Agree And Acknowledge That You Shall Be Bound By And Agree To Fully Indemnify Us Against Any And All Losses attributed to Any Use Of Any Services and Access To The Platform referred to Your Username And Password.

• Merchant With Essensior Platforms Account

5.1 Username/Password: Certain Services That May Be Made Available On The Platform May Require Creation Of An Account With Us Or For You To Provide Personal Data. If You Request To Create An Account With Us, A Username And Password May Either Be:

( i ) Determined And Issued To You By Us; Or

( ii ) Provided By You And Accepted By Us In Our Sole And Absolute Discretion In Connection With The Use Of The Services And Access To The Relevant Platform. We May, At Any Time In Our Sole And Absolute Discretion, Request That You Update Your Data Or Forthwith Invalidate The Username and Password Without Giving Any Reason Or Prior Notice And Shall Not Be Liable Or Responsible For Any Losses Suffered By Or Caused By You Or Arising Out Of Or In Connection With Or Because Of Such Request Or Invalidation. You Now Agree To Change Your Password From Time To Time And Keep The Username And Password Confidential. You Shall Be Responsible For The Security Of Your Account And Be Liable For Any Disclosure Or Use (Whether Such Use Is Authorized Or Not) Of The Username And Password. You Should Notify Us Immediately If You Have Knowledge That Or Have Reason For Suspecting That The Confidentiality Of The Username And Password Has Been Compromised, If There Has Been Any Unauthorised Use Of The Username And Password, Or If Your Data Requires Updating.

5.2 Purported Use/Access: You Agree And Acknowledge That Any Use Of The Services And Any Access To The Platform And Any Information, Data, Or Communications Referable To Your Username And Password Shall Be Deemed To Be, As The Case May Be:

( A ) Access To The Relevant Platform And Use Of The Services By You Or

( B ) Information, Data, Or Communications Posted, Transmitted, And Validly Issued By You.

You Agree To Be Bound By Any Access To The Platform And Use Of Any Services ( Whether You Authorise Such Access Or Use Or Not ), And You Agree That We Shall Be Entitled ( But Not Obliged ) To Act Upon, Rely On, Or Hold You Solely Responsible And Liable In Respect Thereof As If The Same Were Carried Out Or Transmitted By You. You Further Agree And Acknowledge That You Shall Be Bound By And Agree To Fully Indemnify Us Against Any And All Losses attributed To Any Use Of Any Services And Access To The Platform Referred To Your Username And Password.

5.3 Business Registration And NRIC Photocopy: Certain Services That May Be Made Available On The Platform May Require The Creation Of An Account With Us Or For You To Provide Personal Data Such As Business Registration And NRIC Photocopy May Be Required By Local Authority. Therefore, We Need To Keep It As Documentation.

• Intellectual Property

6.1 Ownership: The Intellectual Property In And To The Platform And The Materials Are Owned, Licensed, Or Controlled By Us, Our Licensors, Or Our Service Providers. We Reserve The Right To Enforce Its Intellectual Property To The Fullest Extent Of The Law.

6.2 Restricted Use: No Part Parts Of The Platform Or Any Materials May Be Reproduced, Reverse-Engineered, Decompiled, Disassembled, Separated, Altered, Distributed, Republished, Displayed, Broadcast, Hyperlinked, Mirrored, Framed, Transferred Or Transmitted In Any Manner Or By Any Means Or Stored In An Information Retrieval System Or Installed On Any Servers, System Or Equipment Without Our Prior Written Permission Or That Of The Relevant Copyright Owners. Subject To Clause 5.3, Permission Will Only Be Granted To You To Download, Print Or Use The Materials For Personal And Non-Commercial Uses, Provided That You Do Not Modify The Materials And That We Or The Relevant Copyright Owners Retain All Copyright And Other Proprietary Notices Contained In The Materials.

6.3 Trademarks: The Trademarks Are Registered And Unregistered Trademarks Of Us Or Third Parties. Nothing On The Platform And In These Terms Of Use Shall Be Construed As Granting, By Implication, Estoppel, Or Otherwise, Any License Or Right To Use ( Including As A Meta Tag Or As A “Hot” Link To Any Other Website ) Any Trademarks Displayed On The Services, Without Our Written Permission Or Any Other Applicable Trademark Owner.

• Our Limitation Of Responsibility And Liability

7.1 No Representations Or Warranties: The Services, The Platform, And The Materials Are Provided On An “As Is” And “As Available” Basis. All Data And Information Contained In The Platform, The Services Or The Materials Are Provided For Informational Purposes Only. No Representations Or Warranties Of Any Kind, Implied, Express, Or Statutory, Including The Warranties Of Non-Infringement Of Third Party Rights, Title, Merchantability, Satisfactory Quality, Or Fitness For A Particular Purpose, Are Given In Conjunction With The Platform, The Services, Or The Materials. Without Prejudice To The Generality Of The Preceding, We Do Not Warrant:

( A ) The Accuracy, Timeliness, Adequacy, Commercial Value, Or Completeness Of All Data and Information Contained In The Platform, The Services Or The Materials;

( B ) That The Platform, The Services, Or Any Of The Materials Will Be Provided Uninterrupted, Secure, Or Free From Errors Or Omissions, Or That Any Identified Defect Will Be Corrected;

( C ) That The Platform, The Services, Or The Materials Are Free From Any Computer Virus Or Other Malicious, Destructive, Or Corrupting Code, Agent, Program, Or Macros; And

( D ) The Security Of Any Information Transmitted By You Or To You Through The Platform Or The Services, And You Accept The Risk That Any Information Transmitted Or Received Through The Services Or The Platform May Be Accessed By Unauthorised Third Parties And Disclosed By Us Or Our Officers, Employees Or Agents To Third Parties Purporting To Be You Or Purporting To Act Under Your Authority. Transmissions Over The Internet And Electronic Mail May Be Subject To Interruption, Transmission Blackout, Delayed Transmission Due To Internet Traffic, Or Incorrect Data Transmission Due To The Public Nature Of The Internet.

7.2 Exclusion Of Liability: Essensior Platform Indemnities Shall Not Be Liable To You For Any Losses Whatsoever Or Howsoever Caused ( Regardless Of The Form Of Action ) Arising Directly Or Indirectly In Connection With:

( A ) Any Access, Use, And Inability To Use The Platform Or The Services;

( B ) Reliance On Any Data Or Information Made Available Through The Platform And The Services. It Would Help If You Did Not Act On Such Data Or Information Without First Independently Verifying Its Contents;

( C ) Any System, Server, Or Connection Failure, Error, Omission, Interruption, Delay In Transmission, Computer Virus, Or Other Malicious, Destructive, Or Corrupting Code, Agent Program, Or Macros And

( D ) Any Use Of Or Access To Any Other Website Or Webpage Linked To The Platform, Even If We Or Our Officers Or Agents Or Employees May Have Been Advised Of, Or Otherwise Might Have Anticipated, The Possibility Of The Same.

7.3 At Your Own Risk: Any Risk Of Misunderstanding, Error, Damage, Expense, Or Losses Resulting From The Use Of The Platform Is Entirely At Your Own Risk, And We Shall Not Be Liable Therefor.

• Hyperlinks, And Alerts

8.1 Hyperlinks: For Your Convenience, We May Include Hyperlinks To Other Websites Or Content On The Internet Owned Or Operated By Third Parties. Such Linked Websites Or Content Are Not Under Our Control, And We Are Not Liable For Any Errors, Omissions, Delays, Defamation, Libel, Slander, Falsehood, Obscenity, Pornography, Profanity, Inaccuracy, Or Any Other Objectionable Material Contained In The Contents, Or The Consequences Of Accessing Any Linked Website. Any Hyperlinks To Any Other Websites Or Content Are Not An Endorsement Or Verification Of Such Websites Or Content, And You Agree That Your Access To Or Use Of Such Websites Or Content Is Entirely At Your Own Risk.

8.2 Promotions: We May Attach Banners, Java Applets, And Other Materials To The Platform To Promote Our Third-Party Vendors’ Products And Services. For The Avoidance Of Doubt, You Shall Not Be Entitled To Receive Any Payment, Fee, Or Commission In Respect Of Any Such Promotional Materials.

• Your Submissions And Information

9.1 Submissions By You: You Grant Us A Non-Exclusive License To Use The Materials Or Information That You Submit To The Platform and Provide To Us, Including But Not Limited To Questions, Reviews, Comments, And Suggestions ( Collectively, “Submissions”). When You Post Comments Or Reviews On The Platform, You Also Grant Us The Right To Use The Name You Submit Or Your Username In Connection With Such Reviews, Comments, Or Other Content. You Shall Not Use A False E-Mail Address, Pretend To Be Someone Other Than Yourself, Or Otherwise Mislead Us Or Third Parties As To The Origin Of Any Submissions. We May, But Shall Not Be Obligated, Publish, Remove, Or Edit Your Submissions.

9.2 Consent To Receive E-Mails: You Give Your Full, Free, And Unequivocal Consent And Authority To The Collection, Processing, And Use By Us Of Any Information Provided By You ( Including Personal Data ) To Send Informational And Promotional E-Mails And Any And All Communications, Notices, Updates And Other Information To You. Your Agreement To The Provisions Of This Clause 8.2 Shall Constitute Your Consent For The Purpose Of The Provisions Of Any Spam Control Laws ( Whether In Malaysia Or Elsewhere ). You May Opt Out Of Receiving Promotional E-Mails By Clicking On The Appropriate Hyperlink In Any Promotional E-Mail.

9.3 Essensior Platform May, From Time To Time, Be Required By Government Agencies To Disclose Certain Information In Connection With Any Audit Or Investigation. You Understand We Are Not Required To Contest Any Demand Made By An ( Government ) Authority For Such Information.

Privacy Policy: You Acknowledge That You Have Read And Agree To The Privacy Policy Set Out Here. Consent To Our Collection, Use, And Disclosure Of Your Data For The Purposes As Set Out In The Privacy Policy.

• Termination

10.1 Termination By Us: In Our Sole And Absolute Discretion, We May, With Immediate Effect, Upon Giving You Notice, Terminate Your Use Of The Platform And Services And Disable Your Username And Password. We May Bar Access To The Platform And Services ( Or Any Part Thereof ) For Any Reason Whatsoever, Including A Breach Of Any Of These Terms Of Use Or Where If We Believe That You Have Violated Or Acted Inconsistently With Any Terms Or Conditions Set Out Herein, Or If In Our Opinion Or The Opinion Of Any Regulatory Authority, It Is Not Suitable To Continue Providing The Services Relating To The Platform.

10.2 Termination By You: You May Terminate These Terms Of Use By Giving A Seven-Day Notice In Writing To Us.

• Notices

11.1 Notices From Us: All Notices Or Other Communications Given To You If:

( A ) Communicated Through Any Print Or Electronic Media As We May Select Will Be Deemed To Be Notified To You On The Date Of Publication Or Broadcast; Or

( B ) Sent By Post Or Left At Your Last Known Address Will Be Deemed To Be Received By You On The Day Following Such Posting Or On The Day When It Was So Left.

11.2 Notices From You: You May Only Give Notice To Us In Writing Sent To Our Designated Address Or E-Mail Address, And We Shall Be Deemed To Have Received Such Notice Only Upon Receipt. While We Endeavour To Respond Promptly To Notices From You, We Cannot Guarantee That We Will Always Respond With Consistent Speed.

11.3 Other Modes: Notwithstanding Clauses 10.1 And 10.2, We May From Time To Time Designate Other Acceptable Modes Of Giving Notices ( Including But Not Limited To E-Mail Or Other Forms Of Electronic Communication ) And The Time Or Event By Which Such Notice Shall Be Deemed Given.

• General

12.1 Cumulative Rights And Remedies: Unless Otherwise Provided Under These Terms Of Use, The Provisions Of These Terms Of Use And Our Rights And Remedies Under These Terms Of Use Are Cumulative And Are Without Prejudice And In Addition To Any Rights Or Remedies We May Have In-Law Or In Equity, And No Exercise By Us Of Any One Right Or Remedy Under These Terms Of Use, Or At Law Or In Equity, Shall ( Save To The Extent, If Any, Provided Expressly In These Terms Of Use Or At Law Or In Equity ) Operate To Hinder Or Prevent Our Exercise Of Any Other Such Right Or Remedy As At Law Or In Equity.

12.2 No Waiver: Our Failure To Enforce These Terms Of Use Shall Not Constitute A Waiver Of These Terms, And Such Failure Shall Not Affect The Right Later To Enforce These Terms Of Use. We Would Still Be Entitled To Use Our Rights And Remedies In Any Other Situation Where You Breach These Terms Of Use.

12.3 Sever-Ability: If At Any Time Any Provision Of These Terms Of Use Shall Be Or Shall Become Illegal, Invalid Or Unenforceable In Any Respect, The Legality, Validity And Enforceability Of The Remaining Provisions Of This Agreement Shall Not Be Affected Or Impaired Thereby, And Shall Continue In Force As If Such Illegal, Invalid Or Unenforceable Provision Was Severed From These Terms Of Use.

12.4 Rights Of Third Parties: A Person Or Entity Who Is Not A Party To These Terms Of Use Shall Have No Right Under Any Legislation In Any Jurisdiction To Enforce Any Term Of These Terms Of Use, Regardless Of Whether Such Person Or Entity Has Been Identified By Name, As A Member Of A Class Or As Answering A Particular Description. For The Avoidance Of Doubt, Nothing In This Clause Shall Affect The Rights Of Any Permitted Assignee Or transfer of These Terms Of Use.

12.5 Governing Law: Use Of The Platform and The Services And These Terms Of Use Shall Be Governed By And Construed By Malaysia Law, And You At This Moment Submit To The Exclusive Jurisdiction Of The Malaysia Courts. Except As Provided In The Preceding Sentence, Any Dispute, Controversy, Or Claim Arising Out Of Or Relating To This Terms And Conditions, Or The Breach, Termination, Or Invalidity Thereof Shall Be Settled Through Arbitration Under Republic Act 9285 Or The Alternative Dispute Resolution Act Of 2004.

12.6 Injunctive Relief: We May Seek Immediate Injunctive Relief If We Make A Good Faith Determination That A Breach Or Non-Performance Is Such That A Temporary Restraining Order Or Other Immediate Injunctive Relief Is The Only Appropriate Or Adequate Remedy.

12.7 Amendments: We May By Notice Through The Platform Or By Such Other Method Of Notification As We May Designate ( Which May Include Notification By Way Of E-Mail ), Vary The Terms And Conditions Of These Terms Of Use, Such Variation To Take Effect On The Date We Specify Through The Above Means. If You Use The Platform Or The Services After Such Date, You Are Deemed To Have Accepted Such Variation. If You Do Not Accept The Variation, You Must Stop Access Or Using The Platform And The Services And Terminate These Terms Of Use. Our Right To Vary These Terms Of Use In The Manner Aforesaid Will Be Exercised With May Be Exercised Without The Consent Of Any Person Or Entity Who Is Not A Party To These Terms Of Use.

12.8 Correction Of Errors: 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.

12.9 Currency: Money References Under These Terms Of Use Shall Be In $ RM.

12.10 Language: If These Terms Of Use Are Executed Or Translated Into Any Language Other Than English (“Foreign Language Version”), The English Language Version Shall Govern And Take Precedence Over The Foreign Language Version.

12.11 Entire Agreement: These Terms Of Use Shall Constitute The Entire Agreement Between You And Us Relating To The Subject Matter Hereof And Supersedes And replace in Full All Prior Understandings, Communications, And Agreements Concerning The Subject Matter Hereof.

12.12 Binding And Conclusive: You Acknowledge And Agree That Any Records ( Including Records Of Any Telephone Conversations Relating To The Services, if Any ) Maintained By Us Or Our Service Providers Relating To Or In Connection With The Platform And Services Shall Be Binding And Conclusive On You For All Purposes Whatsoever And Shall Be Conclusive Evidence Of Any Information and Data Transmitted Between Us And You. You, At This Moment, Agree That All Such Records Are Admissible In Evidence And That You Shall Not Challenge Or Dispute The Admissibility, Reliability, Accuracy, Or Authenticity Of Such Records Merely On The Basis That Such Records Are In Electronic Form Or Are The Output Of A Computer System, And You at this moment Waive Any Of Your Rights, If Any, To So Object.

12.13 Sub-Contracting And Delegation: We Reserve The Right To Delegate Or Sub-Contract The Performance Of Any Of Our Functions In Connection With The Platform And Services And Reserve The Right To Use Any Service Providers, Sub-Contractors, And Agents On Such Terms As We Deem Appropriate.

12.14 Assignment: You May Only Assign Your Rights Under These Terms Of Use With Our Prior Written Consent. We May Assign Our Rights Under These Terms Of Use To Any Third Party.

12.15 Force Major: We Shall Not Be Liable For Non-Performance, Error, Interruption, Or Delay In The Performance Of Its Obligations Under These Terms Of Use ( Or Any Part Thereof ) Or For Any Inaccuracy, Unreliability, Or Unsuitability Of The Platform and Services Contents If This Is Due, In Whole Or Part, Directly Or Indirectly To An Event Or Failure Which Is Beyond Our Reasonable Control.

• Voucher Terms & Conditions

The Following Terms And Conditions ( T&Cs ) Apply To Your Use And Redemption Of Promotional Vouchers Or Voucher Codes, Where Such Vouchers Are Offered For No Consideration.

• Earning Reward Point(s)

Among The Services Offered By The Essensior Platform Is The Opportunity To Earn Reward Points (s) On Purchases Made By Our Merchant Partners Through Our Various Essensior Platforms. Creating And Maintaining An Account With A Essensior Platform Is Required Before A User Can Earn Reward Points). Crediting Of Reward Point(s) Is Also Subject To The Various Terms, Conditions, And Requirements, Express Or Implied, Associated With The Crediting Of Reward Point(s) In Central Or Terms, Conditions, And Requirements Associated With The Individual Promotions That Would Be Applicable. These Terms, Conditions, And Requirements Include But Are Not Limited To:-

( A ) Requiring The User To Have Cookies Enabled Throughout When Accessing The Essensior Platform And, Subsequently, The Merchant Partner’s Product Page;

( B) Not Opening A Separate Tab Or Browser While Accessing The Essensior Platform And, Subsequently, The Merchant Partner’s Product Page;

( C ) Ensuring That After Being Redirected To The Merchant Partner’s Product Web Page, The User Completes The Transaction Before Proceeding To Any Other Website;

( D ) Completing The Purchase On The Merchant Partner’s Product Webpage Within A Given Period;

( E ) Not Engaging In Any Fraudulent Or Dishonest Conduct and Abiding By The Terms Of This Agreement Or Any Other Terms And Conditions Stipulated By Essensior Platform Or The Applicable Merchant Partner;

In Addition, Certain Purchases May Be Excluded From Reward Points (s). In General, Reward points) Are Earned On The Net Purchase Amount, Excluding Shipping And Handling. However, Reward Point(s) Amounts And Exclusions Vary From Merchant Partner To Merchant Partner And Individual Promotions May Contain Specific Exclusions. Please Review These Terms Carefully. These Exclusions Are Subject To Change Without Notice, And Essensior Platform, At This Moment, Disclaims Any And All Liability In Connection With Any Incorrect Information Or Failure To Include Information On The List Of Exclusions. Some Examples Of Typical Exclusions Include ( But Are Not Limited To ) :

( A ) Reward Point(s) Not Being Eligible When Purchasing Promotional Items Or Using Other Discount Codes, Coupons Or Other Promotions;

( B ) Reward Point(s) Only Being Eligible When The Transaction Is Completed Using Specified Payment Methods; And

( C ) Different Tiers Of Eligible Reward Point(s) For Different Users ( e.g., Different Tiers Of Reward Point(s) For New Users And Existing Users )

• Redeeming Reward Point(s)

You May Redeem Your Reward Point(s) At Any Time Subject To The Terms And Conditions Of This Agreement Or The Specific Conditions That Relate To The Individual Entries In Your Account. You Must Have Accumulated Reward Point(s) Relating To A Dollar Value More Than Or Equal To The Minimum Redemption Amount Indicated And Communicated From Time To Time. To Redeem Your Reward Point(s), You Must Maintain An Active Account And Provide The Minimum Relevant Information Required To Process The Redemption (e.g., A Valid Bank Account Number Or A PayPal account).

• Purchase Of Products

16.1 Your Compliance: You Agree To Comply With Any And All The Guidelines, Notices, Operating Rules, Policies, And Instructions About The Purchase Of Products Through The Platform, As Well As Any Amendments To Those Above, Issued By Essensior Platform ( Whether As Part Of Use Of The Platform Or About The Purchase Of Products, On Behalf Of Seller ), From Time To Time. Essensior Platform Reserves The Right To Revise These Guidelines, Notices, Operating Rules, Policies, And Instructions At Any Time, And You Are Deemed To Be Aware Of And Bound By Any Changes To The Preceding Upon Their Publication On The Platform.

16.2 Sellers: Products Are Sold By “Sellers”. Essensior Platform May Be A “Seller” For Selected Products. “Seller” May Also Refer To A Party Other Than Essensior Platform ( Such Party Referred To In These Terms & Conditions Of Sale As A “Third Party Vendor”). Whether A Particular Product Is Listed For Sale On The Platform By A Essensior Platform Or A Third-Party Vendor May Be Stated On The Web Page Listing That Product. Individual Customer Contracts Will govern Products Sold To You By Sellers ( More Details Below In Clause 2.6 ) Which:

16.2.1 For Products Sold By Third-Party Vendors, Shall Be Agreements Entered Into Directly And Only Between The Third Party Vendor And You; And

16.2.2 For Products Sold By The Essensior Platform, Agreements Shall Be Entered Directly And Only Between The Essensior Platform And You.

16.3 Product Description: While Seller Endeavors To Provide An Accurate Description Of The Products, Neither Essensior Platform Nor Seller Warrants That Such Description Is Accurate, Current Or Free From Error. If The Product You Receive Is Fundamentally Different From The Product As Described On The Platform And Which You Have Ordered, Clause 6 Of These Terms & Conditions Of Sale Shall Apply.

16.4 Placing Your Order: You May Place An Order By Completing The Order Form On The Platform And Clicking On The “Submit Order Button.” Seller Will Not Accept Orders Placed In Any Other Manner. You Shall Be Responsible For Ensuring The Accuracy Of The Order.

16.5 You Have The Right To Cancel Your Order Within Twenty-Four Hours From The Time Of Your Order (“Cooling Off Period”). The Cancellation Must Be Communicated To Essensior Platform In Writing Within The Cooling Off Period. Upon The Expiration Of The Cooling Off Period, All Orders Are Irrevocable And Unconditional: All Orders Will Be Deemed To Be Irrevocable And Unconditional Upon Transmission Through The Platform, And The Seller Shall Be Entitled ( But Not Obliged ) To Process Such Order(s) Without Your Further Consent And Any Further Reference Or Notice To You. Nevertheless, In Certain Circumstances, As Stated In Clause 8, You May Request To Cancel Or Amend The Order That the Seller Will Endeavour To Effect On A Commercially Reasonable Effort Basis. However, Notwithstanding The Preceding, Seller Is Not Obliged To Give Effect To Any Request To Cancel Or Amend Any Order. The Details Regarding The Cancellation Process And Policy Of the Essensior Platform Can Be Accessed.

16.6 Seller’s Reservation Of Rights In Respect Of Orders: All Orders Shall Be Subject To Seller’s Acceptance In Its Sole Discretion, And Each Order Accepted By Seller ( Such Accepted Order To Be Referred To As A “Customer Contract”) Shall Constitute A Separate Contract. You Acknowledge That Unless You Receive A Notice From the Essensior Platform Confirming Your Order, the Seller Shall Not Be Party To Any Legally Binding Agreements Or Promises Made Between the Seller And You For The Sale Or Other Dealings With The Product(s) And Accordingly Seller Shall Not Be Liable For Any Losses Which May Be Incurred As A Result. For The Avoidance Of Doubt, Seller Reserves The Right To Decline To Process Or Accept Any Order Received From Or Through The Platform In Its Absolute Discretion.

16.7 Termination By Seller In The Event Of Pricing Error: Seller Reserves The Right To Terminate The Customer Contract, If A Product Has Been Misplaced On The Platform, In Which Event Essensior Platform Shall, On Behalf Of Seller, Notify You Of Such Cancellation By Giving Three Days’ Notice. Seller Shall Have Such Right To Terminate Such Customer Contract Whether Or Not Products Have Been Dispatched Or Are In Transit And Whether Payment Has Been Charged To You. Upon Termination Of The Customer Contract Under This Clause, The Seller Shall Refund The Payment Charged To You For The Product.

16.8 Product Warranty: The Warranties Concerning A Product (“Product Warranty”) Sold Under A Customer Contract Shall Be As Stated By the Seller Via The Platform, Under The “Specifications” Tab In The Field “Product Warranty” For The Relevant Product, And Shall Be Limited By The Terms And Conditions Therein. The Warranties And Conditions, Remedies For Breach Of Warranty Or Condition, Or Other Terms Stated In The Product Warranty Are Unless Expressly Prohibited By Applicable Mandatory Law, instead of All Other Terms, Warranties, And Conditions, Whether Expressed Or Implied, Statutory Or Otherwise. Except As Expressly Provided In Such Product Warranty, Seller Excludes ( Unless Expressly Prohibited By Applicable Mandatory Law ) All Other Express Or Implied Terms, Warranties Or Conditions Concerning The Products Supplied.

16.9 Customer’s Acknowledgement: You Acknowledge And Warrant That You Have Not Replied On Any Term, Condition, Warranty, Undertaking, Inducement Or Representation Made By Or On Behalf Of Seller Which Has Not Been Stated Expressly In A Customer Contract Or Upon Any Descriptions Or Illustrations Or Specifications Contained In Any Document Including Any Catalogues Or Publicity Material Produced By Either Essensior Platform Or Seller. You Also Acknowledge And Agree That To The Extent Allowed Under Malaysia Law, The Exclusion Of Warranties, Exclusion Of Liability, And Exclusion Of Remedies In These Terms & Conditions Of Sale And Customer Contracts Allocate Risks Between The Parties And Permit the Seller To Provide The Products At Lower Fees Or Prices Than Seller Otherwise Could And You Agree That Such Exclusions On Liability Are Reasonable.

16.10 No Representations Or Warranties: Without Prejudice To The Generality Of The Preceding Clause 2.9 And The Extent Allowed Under Malaysia Law:

16.10.1 No Condition Is Made Or To Be Implied Nor Is Any Warranty Given Or To Be Implied As To The Life Or Wear Of The Products Supplied Or That They Will Be Suitable For Any Particular Purpose Or Use Under Any Specific Conditions, Notwithstanding That Such Purpose Or Conditions May Be Known Or Made Known To Seller;

16.10.2 Any Actions Arising From The Breach Of Any Warranty Or Representation, Or Any Right To Damages, Whether Express Or Implied, Shall Be Extinguished If An Action Is Not Brought Against Essensior Platform Within Six Months From The Date Of Delivery, Or The Scheduled Delivery Of The Product.

16.10.3 Essensior Platform Shall Not Be Liable For Any Indirect, Incidental, Special, Consequential, Or Exemplary Damages, Including, But Not Limited To, Damages For Loss Of Profits, Goodwill, Intangible Losses, And Any Other Type Of Damages Caused By Any Breach Of A Third Party Vendor’s Implied Or Express Warranty On The Products;

16.10.4 For Products Shipped Internationally, Please Note That Any Manufacturer Warranty May Not Be Valid; Manufacturer Service Options May Not Be Available; Product Manuals, Instructions, And Safety Warnings May Not Be In Destination Country Languages; Destination Country Standards, Specifications, And Labelling Requirements May Not design the Products ( And Accompanying Materials );

16.10.5 Seller Is Not Liable For Any Losses Suffered By Any Third Party Directly Or Indirectly Caused By Repairs Or Remedial Work Carried Out Without Essensior Platform’s Prior Written Approval And The Customer Shall Indemnify Seller Against All Losses Arising Out Of Such Claims;

16.10.6 Seller Shall Be Under No Liability Under The Above Warranty ( Or Any Other Warranty, Condition, Or Guarantee ) If The Total Price For The Products Has Not Been Paid In Cleared Funds By The Due Date For Payment And

16.10.7 To The Extent Allowed Under Malaysia Law, Seller Shall Be Under No Liability Whatsoever In Respect Of Any Defect In The Products Arising After The Expiry Of The Applicable Product Warranty, If Any.

16.11 Intellectual Property:

16.11.1 Unless The Prior Written Consent Of The Essensior Platform Has Been Obtained, The Customer Shall Not Remove Or Alter The Trade Marks, Logos, Copyright Notices, Serial Numbers, Labels, Tags Or Other Identifying Marks, Symbols Or Legends Affixed To Any Products.

16.11.2 Where Software Applications, Drivers Or Other Computer Programs and All Other Design Details, Technical Handbooks Or Manuals, Drawings Or Other Data ( All Collectively Referred To As “Product Materials”) Are Supplied To The Customer By Seller In Connection With The Order, The Use And Retention Of The Product Materials Are Subject To The Terms And Conditions Of License Or Use ( Such As End-User Licenses, Restrictions Or Conditions Of Use ) As May Be Prescribed By Seller Or Its Licensors And Must Not Be Used Other Than Strictly By Such Terms And Conditions.

16.11.3 The Customer Agrees And Acknowledges That The Product Materials Shall Remain The Property Of Seller Or Its Licensors. The Customer Further Agrees That Any And All Intellectual Property Embodied In Or Relating To The Product Materials Shall Remain The Sole And Exclusive Property Of Seller Or Its Licensors. Unless Otherwise Expressly Provided In The Order Or The Prior Written Consent Of The Essensior Platform, Which Has Been Obtained, The Customer Undertakes To Return The Product Materials And Any Copies Thereof Upon The Essensior Platform’s Request.

• Delivery Of Products

17.1 Address: Delivery Of The Products Shall Be Made To The Address You Specify In Your Order Either By the Seller Or By The Essensior Platform ( Or Its Agents ) On Behalf Of Seller.

17.2 Shipping & Packing Charges: Shipping And Packing Charges Shall Be As Set Out In The Order.

17.3 Tracking: You May Track The Delivery Status On The “Order Tracking” Page Of The Platform.

17.4 Delivery Timeframe: You Acknowledge That Delivery Of The Products Is Subject To Availability Of The Products. The Seller Will Make Every Reasonable Effort To Deliver The Product To You Within The Delivery Frame Stated On The Relevant Page On Which The Product Is Listed. However, You Acknowledge That While Stock Information On The Platform Is Updated Regularly, It Is Possible That, In Some Instances, A Product May Become Unavailable Between Updates. All Delivery Timeframes Given Are Estimates Only, And Delays Can Occur. If The Delivery Of Your Product Is Delayed, The Seller Will Inform You Accordingly Via E-Mail, And Your Product Will Be Dispatched As Soon As It Becomes Available To The Seller. The Time For Delivery Shall Not Be Of The Essence, And Seller ( Nor Any Of Its Agents ) Shall Not Be Liable For Any Delay In Delivery Whatsoever Caused.

17.5 Deemed Receipt: If you Do Not Receive The Product By The Projected Delivery Date And Provided That You Inform the Essensior Platform Within 3 Days Immediately From Such Projected Delivery Date, the Seller Will Try To The Best Of The Seller’s Ability To Locate And Deliver The Product. If Essensior Platform Does Not Hear From You Within 3 Days From Such Projected Delivery Date, You Shall Be Deemed To Have Received The Product Subject To Your Rights Under Malaysia Law.

17.6 Customer’s Failure To Take Delivery: If The Customer Fails To Take Delivery Of The Products (Other Than Because Of Any Cause Beyond The Customer’s Reasonable Control Or Because Of Seller’s Fault ), Then Without Prejudice To Any Other Right Or Remedy Available To Seller, Seller May Terminate The Customer Contract.

• Prices Of Products

18.1 Listing Price: The Price Of The Products Payable By A Customer Shall Be The Listing Price At The Time At Which The Order Placed By The Customer Is Transmitted To Seller ( Through The Platform ).

18.2 Taxes: All Listing Prices Are Subject To Taxes Unless Otherwise Stated. Seller Reserves The Right To Amend The Listing Prices At Any Time Without Giving Any Reason Or Prior Notice.

• Payment

19.1 General: You May Pay For The Product Using Any Payment Methods Prescribed By Essensior Platform From Time To Time. When You Place An Order, The Actual Payment Will Only Be Charged Upon The Seller Accepting Your Order And Forming A Customer Contract. All Payments Shall Be Made To The Essensior Platform, Either Accepting Payment In Its Own Right Or As A Seller’s Agent (Where The Seller Is A Third-Party Vendor). You Acknowledge That The Essensior Platform Is Entitled To Collect Payments From You On Behalf Of Third-Party Vendors.

19.2 Additional Terms: The Payment Methods May Be Subject To Additional Terms Prescribed By Essensior Platform From Time To Time.

19.3 Payment Methods: You Agree You Are Subject To The Applicable User Agreement Of Your Payment Method. You May Not Claim Against Seller Or Any Of Its Agents ( Which May Include The Essensior Platform ) For Any Failure, Disruption, Or Error In Connection With Your Chosen Payment Method. Essensior Platform Reserves The Right At Any Time To Modify Or Discontinue, Temporarily Or Permanently, Any Payment Method Without Notice To You Or Giving Any Reason.

19.4 Invoicing: Seller May Invoice You Upon The Due Date Of Any Payment Under A Customer Contract.

19.5 Failure To Pay: If The Customer Fails To Make Any Payment Under The Terms And Conditions Of The Payment Method Elected Or Payment Is Cancelled For Any Reason Whatsoever, Then Without Prejudice To Any Other Right Or Remedy Available To Seller, Seller Shall Be Entitled To Cancel The Customer Contract Or Suspend Delivery Of The Products Until Payment Is Made In Full.

19.6 Refund Of Payment:

19.6.1 All Refunds Shall Be Made Via The Original Payment Mechanism And To The Person Who Made The Original Payment, Except For Cash On Delivery, Where Refunds Will Be Made Via Bank Transfer Or Store Credit Into The Individual’s Bank Account Provided That Complete And Accurate Bank Account Details Are Provided To Us.

19.6.2 We Offer No Guarantee Of Any Nature For The Timeliness Of The Refunds Reaching Your Account. The Processing Of Payment May Take Time, And It Is Subject To The Respective Banks and Payment Providers ‘ Internal Processing Timeline.

19.6.3 All Costs Associated With The Refund Process Imposed By The Processing Bank And Payment Provider Shall Be Borne By Us.

19.6.4 All Refunds Are Conditional Upon Our Acceptance Of A Valid Return Of The Product.

19.6.5 We Reserve The Right To Modify The Mechanism Of Processing Refunds At Any Time Without Notice.

19.6.6. The Guidelines Regarding The Refunds Process Of Essensior Platform Can Be Accessed Here.

• Returns / Repairs / Replacements

20.1 Return Policy: All Returns Must Be Done By The Instructions Set Out In The Return Policy Here. Seller Is Only Obliged To Agree To Any Return If All Instructions Are Followed To Satisfy Seller’s And Essensior Platform. Should The Seller Agree To The Return, The Seller Will Deliver The Replacement Product To Your Specified Address.

20.2 Permitted Returns: Subject To Clause 6.1, Within 7 Days For Items Covered Under Satisfaction Guaranteed, And 7 Days For Items Covered Under 100% Buyer Protection, From The Date Of Delivery Of The Product, You May Return A Product When You:

20.2.1 Receive A Product That Is Fundamentally Different In Nature From The Product Specified In The Customer Contract;

20.2.2 Receive A Faulty Or Damaged Product;

20.2.3 Receive A Product That Is Not As Advertised On The Platform;

20.2.4 Wrong Item Is Delivered;

20.2.5 Receive A Product That Has Missing Parts/Items Or

20.2.6 Receive A Product That Does Not Fit ( For Fashion Items ).

20.3 Repair, Replacements Or Price Reduction: As An Alternative To Returning Faulty Or Damaged Products Under Clause 6.2, A Customer May Request A Repair Or Replacement Of Such Products. Such Request Shall Be Irrevocable Upon Notification Of The Request To Essensior Platform, And The Customer May Only Late Elect For A Return Under Clause 6.2. Where The Products Have Not Been Repaired Or Replaced Within A Reasonable Time, Essensior Platform May, At Its Sole Discretion, Grant To The Customer A Reduction Of The Price In Proportion To The Reduced Value Of The Products, Provided That Under No Circumstance Shall Such Reduction Exceed 15 Percent. (15%) Of The Price Of The Affected Products. Upon Repair, Replacement, Or Price Reduction Being Made As Aforesaid, The Customer Shall Have No Further Claim Against Seller.

20.4 Replacement Products: When The Essensior Platform Has Provided Replacement Products Or Given The Customer A Refund, The Non-Conforming Products Or Parts Thereof Shall Become The Seller’s Property And Upon Request Such Products Or Parts Thereof Should Be Shipped Back To Seller.

20.5 Risk Of Damage Or Loss: 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, The Time When Seller ( Via Essensior Platform Or Essensior Platform’s Agents ) Has Tendered Delivery Of The Products.

20.6 In Cases Where The Customer Refuses To Take Possession Of The Product Without Sufficient Cause Or Justification Or Returns The Item Without Sufficient Cause Or Justification, As Provided Under Clause 6, Essensior Platform Will Safely Keep The Item For A Period Of Fifteen (15) Days, Reckoned From The Date Essensior Platform Receives The Product From Customer. After The Lapse Of Such a Period, The Product Or Item Is Deemed Abandoned By the Customer, And The Essensior Platform Or Seller May Dispose Of The Product Or Item. Notwithstanding The Preceding, The Essensior Platform Will Use Its Best Efforts To Return The Product To The Customer Within The Time Frame Provided.

• Questions And Complaints

If You Have Any Questions Or Complaints, Please Contact The Essensior Platform Using The “Contact Us” Page On The Platform. Essensior Platform Will Liaise With Sellers On Your Questions And Complaints.

• Termination

22.1 Cancellation By You: You May Cancel The Customer Contract Before Seller Dispatches The Products Under Such Customer Contract By Written Notice To Essensior Platform At ” Contact Us ” Page On The Platform, Subject To Clause 2.5. If The Products Have Already Been Dispatched, You May Not Cancel The Customer Contract But May Only Return The Products By Clause 6.

22.2 Cancellation By Seller: Without Prejudice To Any Other Right Of Termination Elsewhere In These Terms & Conditions Of Sale, Seller, Or Essensior Platform Acting On Seller’s Behalf, May Stop Any Products In Transit, Suspend Further Deliveries To The Customer and Terminate The Customer Contract With Immediate Effect By Written Notice To The Customer On Or At Any Time After The Occurrence Of Any Of The Following Events:

22.2.1 The Products Under The Customer Contract Being Unavailable For Any Reason;

22.2.2 The Customer Being In Breach Of An Obligation Under The Customer Contract;

22.2.3 The Customer Passing A Resolution For Its Winding Up Or A Court Of Competent Jurisdiction Making An Order For The Customer’s Winding Up Or Dissolution;

22.2.4 The Making Of An Administration Order About The Customer Or The Appointment Of A Receiver Over Or An Encumbrancer Taking Possession Of Or Selling Any Of The Customer’s Assets; Or

22.2.5 The Customer Making An Arrangement Or Composition With Its Creditors Generally Or Applying To A Court Of Competent Jurisdiction For Protection From Its Creditors.

• Risk And Property Of The Goods

23.1 Risk Of Damage To Or Loss Of The Goods Shall Pass To The Customer At The Time Of Delivery Or If The Customer Wrongfully Fails To Take Delivery Of The Goods, The Time When Essensior Platform Has Tendered Delivery Of The Goods.

23.2 Notwithstanding Delivery And The Passing Of Risk In The Goods Or Any Other Provision Of These Conditions The Property In The Goods Shall Not Pass To The Customer Until Essensior Platform Has Received In Cash Or Cleared Funds Payment In Full Of The Price Of The Goods And All Other Goods Agreed To Be Sold By Essensior Platform To The Customer For Which Payment Is Then Due.

23.3 Until Such Time As The Property In The Goods Passes To The Customer, The Customer Shall Hold The Goods As Essensior Platform’s Fiduciary Agent And Bailee And Shall Keep The Goods Separate From Those Of The Customer.

23.4 The Customer Agrees With Essensior Platform That The Customer Shall Immediately Notify Essensior Platform Of Any Matter From Time To Time Affecting Essensior Platform’s Title To The Goods And The Customer Shall Provide Essensior Platform With Any In-Formation Relating To The Goods As Essensior Platform May Require From Time To Time.

23.5 Until Such Time As The Property In The Goods Passes To The Customer ( And Provided The Goods Are Still In Existence And Have Not Been Resold ) Essensior Platform Shall Be Entitled At Any Time To Demand The Customer To Deliver Up The Goods To Essensior Platform And In The Event Of Non-Compliance Essensior Platform Reserves It’s Right To Take Legal Action Against The Customer For The Delivery Up The Goods. Also, it Reserves Its Right To Seek Damages And All Other Costs, Including But Not Limited To Legal Fees Against The Customer.

23.6 The Customer Shall Not Be Entitled To Pledge Or In Any Way Charge By Way Of Security For Any Indebtedness Any Of The Goods Which Remain The Property Of Essensior Platform But If The Customer Does So All Money Owing By The Customer To Essensior Platform Shall ( Without Prejudice To Any Other Right Or Remedy Of Essensior Platform Forthwith Become Due And Payable.

23.7 If The Provisions In This Condition 9 Are Not Effective According To The Law Of The Country In Which The Goods Are Located, The Legal Concept Closest In Nature To Retention Of Title In That Country Shall Be Deemed To Apply Mutates Mutants To Give Effect To The Underlying Intent Expressed In This Condition, And The Customer Shall Take All Steps Necessary To Give Effect To The Same.

23.8 The Customer Shall Indemnify Essensior Platform, All Of Its Respective Officers, Employees, Directors, Agents, And Contractors Against All Loss Damages Costs, Expenses And Legal Fees Incurred By The Customer In Connection With The Assertion And Enforcement Of Essensior Platform’s Rights Under This Condition.

• Limitation Of Liability

24.1 Sole Remedies Of Customer: The Remedies Set Out In Clause 6 Are The Customer’s Sole And Exclusive Remedies For Non-Conformity Of Or Defects In The Products.

24.2 Maximum Liability: Notwithstanding Any Other Provision Of These Terms & Conditions Of Sale, Seller’s Maximum Cumulative Liability To You Or To Any Other Party For All Losses Under, Arising Out Of, Or Relating To The Sale Of Products Under Each Customer Contract, Will Not Exceed The Sums That You Have Paid To Seller Under Such Customer Contract.

24.3 Exclusion Of Liability: Essensior Platform Indemnities Shall Not Be Liable To You For Any Losses Whatsoever Or Howsoever Caused ( Regardless Of The Form Of Action ) Arising Directly Or Indirectly In Connection With:

(i) Amounts Due From Other Users Of The Platform In Connection With The Purchase Of Any Product;

(ii) The Sale Of The Products To You, Or Its Use Or Resale By You; And

(iii) Any Defect Arising From Fair Wear And Tear, Willful Damage, Misuse, Negligence, Accident, Abnormal Storage And Or Working Conditions, Alteration Or Modification Of The Products, Or Failure To Comply With the Seller’s Instructions On The Use Of The Products ( Whether Oral Or Written ).

• General

25.1 References To “Essensior Platform”: References To “Essensior Platform” In These Terms And Conditions Of Sale Apply Both To Essensior Platform’s Actions On Its Behalf As Seller and As The Operator Of The Platform Or As The Agent Of Third Party Vendors As Sellers In Respect Of Each And Every Customer Contract.

25.2 Right To Subcontract: Third-party vendors Or Sellers Shall Be Entitled To Delegate and Subcontract Any Rights Or Obligations Under These Terms & Conditions Of Sale To Essensior Platform Or Any Of Essensior Platform’s Designated Service Providers, Subcontractors And Agents.

25.3 Cumulative Rights And Remedies: Unless Otherwise Provided Under These Terms & Conditions Of Sale, The Provisions Of These Terms & Conditions Of Sale And Seller’s Rights And Remedies Under These Terms & Conditions Of Sale Are Cumulative And Are Without Prejudice And In Addition To Any Rights Or Remedies Seller May Have In-Law Or In Equity, And No Exercise By Seller Of Any One Right Or Remedy Under These Terms & Conditions Of Sale, Or At Law Or In Equity, Shall ( Save To The Extent, If Any, Provided Expressly In These Terms & Conditions Of Sale Or At Law Or In Equity ) Operate To Hinder Or Prevent Seller’s Exercise Of Any Other Such Right Or Remedy As At Law Or In Equity.

25.4 Warranties: The Implied Warranty Under The New Civil Code Of Malaysia Against Hidden Defects And The Rights Of A Consumer Under Title III, Chapter III Of The Consumer Act Of The Malays

• Changes To This Agreement

We Reserve The Right, At Our Sole Discretion, To Modify Or Replace These Terms And Conditions By Posting The Updated Terms On The Site. Your Continued Use Of The Site After Any Such Changes Constitutes Your Acceptance Of The New Terms And Conditions.

• Contact Us

If You Have Any Questions About This Agreement, Please Get In Touch With Us By Filling Out This Contact Us Form. Thank You

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