TERMS & CONDITIONS
An Agreement between Gembira Dot Com Enterprise (Company No. JM0694433-P) (“Company”), trading as www.gembira.com.my (“Gembira”) of the one part and the user (“Customer”) of the other part.
Now it is hereby agreed as follows:
1.1 Definition - Unless the context shall otherwise require, the following expressions wherever used in this Agreement, shall have the following meanings:
“Account” means the account that you will need to register on the Site for placing an Order on the Site;
“Agreement” means agreement in writing in force which we accept in accordance with clause 4.1 below;
“Order Confirmation” means our email to you which we accept your Order in accordance with clause 4.1 below;
“Customer” means individual who places an Order on the Site;
“you” means the Customer who places an Order on the Site;
“Order” means the order submitted by you to the Site to purchase a product; and
“Site” means Gembira.
Words denoting the singular include where the context so admits the plural and vice versa.
Words of the masculine gender include where the context so admits the feminine and neuter genders and vice versa.
Words denoting natural persons include where the context so admits corporations and firms and vice versa.
The headings of the clauses of this Agreement are inserted for easy reference only and shall be ignored in construing the provisions of this Agreement.
2 Your Status
2.1 If you are under 18 years old, you may use this Site only with an authorization from a parent or legal guardian.
3.2 These terms and conditions shall prevail any separate terms set out whether in writing, by email or orally by you.
3.3 No other changes to the terms and conditions binding unless agreed writing signed by us.
4 How an Agreement is Formed
4.1 An Agreement shall be formed and we shall be legally bound to supply the product to you when we receive your payment. Until the time when we accepted your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order, then we will promptly refund any payment already made by you for the Order of the product, subject to clause 10 below. And, the Agreement will be cancelled upon receiving of the full refund by you.
4.2 An Agreement will relate only to those products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other products which may not have been part of your Order.
4.3 You must submit to us information which is accurate and you must keep it up to date and inform us of changes.
4.4 We may in our sole discretion refuse to accept an Order from you for any reason, including but not limited to out of supplies or we may offer you an alternative product (in which case you may require to re-submit your Order).
4.5 You undertake that the credit or debit card, or account or other payment method which you use is your own, and the information provided to us is correct. We reserve the right to obtain validation of your payment details before a product is dispatched.
4.6 You shall pay for the product in full and provide us with your credit or debit card details from a credit or debit card company acceptable to us or by Paypal. Alternatively, you may pay by any method that we have expressed is acceptable to us on a special case basis. In any event we shall not be bound to supply before we have received cleared funds in full.
5 Using this Site
5.1 While using this Site, you will not:
use our Site or services if you are not able to form an Agreement legally, are under the age of 18 without an authorization, or are temporarily suspended or terminated from our Site;
post false, inaccurate, misleading, libelous or defamatory content;
post feedback or take any action that will undermine the ratings systems;
pass viruses or use any technology that may harm the Site, or the interests of users of the Site; or
copy, modify or distribute content from the Site and the Company's copyrights.
5.2 Violations of this policy may result in the below actions, including:
Account suspension / termination; and/or
legal charges / claim for damage.
6.1 We aim to deliver the product to you at the place indicated by you in your Order.
6.2 We aim to deliver the product to you within the time requested by you. We will try our best to deliver the product to you within 3 business days. However, we may not assure you an exact delivery date.
6.3 We aim to inform you if we expect that we are unable to meet our estimated delivery date. To the extent of permitted law, we shall not liable to any losses, charges or costs arising out of the late delivery.
6.4 You must inspect the product immediately after delivery. In the event that any defect (including expiration date issue), fault or damage is found on the product delivered, you shall contact Gembira. You agree to hold on the product, packaging and document delivered until further guidance is provided by Gembira. You agree to return the same product to us within a stated period. Any report with regard to any of the aforesaid incidents must be made to Gembira within 30 days from the date you receive your Order.
6.5 We shall contact you to arrange for delivery address cancellation and request for an alternative delivery address if we are unable to deliver the product to you at your requested delivery address in your Order.
6.6 We deliver in our standard packaging. Any special packaging requirement is subjected to extra charges.
6.7 You must take care when opening the packaging so as not to damage the product, especially when using any sharp tool.
6.8 If you are not available to receive the product, we or carrier may leave a message or card to give you instruction on re-delivery or self-collection.
6.9 If delivery is delayed or cancelled due to your refusal to accept the product, we may cancel the applicable Agreement and refund to you any applicable money less reasonable administrative fee (including but not limited to attempt for delivery and then return the product).
7 Skin Conditions
7.1 It is your responsibility to ensure that the product is suitable for your skin. Depending on the skin condition, different individual may get different result in using a same product.
7.2 In the event that you developed skin allergy by a product purchased on the Site, you agree to stop using the product immediately and contact our customer care department. We may immediately convey your feedback to the relevant supplier or manufacturer for a proper guidance to you.
8 Cancellation and Refund (by Gembira)
8.1 We may cancel an Agreement if a product is not available, we will notify you and refund you any payment made to us in full. We will not charge you any fee.
9 Return & Exchange
9.1 You may exchange a current product received by you for other product by contacting our customer care department if you change your mind, receive defective product (including expired product), wrong or different item or missing of any item. Once an Order has been dispatched, it may not be exchanged and you agree to follow our guidelines in returning the product within a stated period for our inspection for exchange.
9.2 Our exchange policy remains for 30 days from the date you receive your Order and it is applicable to change of mind after the payment has been made. In the event that you change your mind and request for exchange, we will not be liable to your return shipping when you return a product for exchange. Free re-delivery service provided by us to your requested address will be subjected to the minimum Order of the Site.
9.3 Our exchange policy remains for 30 days from the date you receive your Order and it is applicable to defective product (including expired product) delivered to you, missing of any item or delivery of the wrong or different item after the payment has been made. If any of the aforesaid incidents happen, we will be liable to your return shipping when you return a product for exchange. Free re-delivery service provided by us will be available to your original requested address.
9.4 We will not be liable to exchange if we do not hear from you within 30 days from the date you receive your Order for any reason, including but not limited to change of mind, receive defective product (including expired product), wrong or different item or missing of any item.
9.5 In the event that you developed skin allergy after using a product purchased on the Site, you may request to exchange the particular used product for other new product. In this case, we will not be liable to your return shipping. Free re-delivery service provided by us to your requested address will be subjected to the minimum Order of the Site.
9.6 We may exchange any same value product with you after we have received a product returned by you and completed our deemed necessary inspection with you. You may be required to top up the outstanding amount if the value of a new product is more expensive, and there will be no refund for a lower value new product. We may at our sole discretion decide not to exchange after our inspection when we deem that your report for exchange is a fraud, or due to misused, abused, carelessness or used contrary to the manufacturer's instructions by you and so caused a product becomes defective.
9.7 We will not accept any exchange request within our 30 days exchange policy if:
- packaging of the product itself is opened by you and caused the product not resalable; or
- a product has been used but did not cause skin allergy.
10 Return & Refund
10.1 You may cancel your Order by contacting our customer care department when changing of mind, receiving of defective product (including expired product), wrong or different item or missing of any item. Once an Order has been dispatched, it may not be cancelled and you agree to follow our guidelines in returning the product within a stated period for our inspection and refunding. We shall promptly refund you any applicable money after the inspection is done.
10.2 Our free return policy remains for 30 days from the date you receive your Order and it is applicable to change of mind, defective product (including expired product) delivered to you, missing of any item or delivery of the wrong or different item. In these cases, we will be liable to your return shipping.
10.3 We will not be liable to refund if we do not hear from you within 30 days from the date you receive your Order, for any reason, including but not limited to change of mind, receive defective product (including expired product), wrong or different item or missing of any item.
10.4 We may at our sole discretion decide not to refund after our inspection when we deem that your report for refund is a fraud, or due to misused, abused, carelessness or used contrary to the manufacturer's instructions by you and so caused a product becomes defective.
10.5 We will not accept any refund request within our 30 days free return policy if:
- packaging of the product itself is opened by you and caused the product not resalable;
- a product has been used; or
- a product caused skin allergy. Exchange is acceptable as per clause 9.5 above.
11 Faulty or Expired Product
11.1 We warrant that the product will be delivered undamaged in quantities ordered.
11.2 We try very hard to deliver the product to you in good condition. In the event that a product is declared faulty by you, you agree to keep the product in its current condition available for our inspection within a reasonable time. And, you agree to provide us with adequate information which required by us for our inspection.
11.3 We may at our discretion decide not to liable for any product due to misused, abused, carelessness or used contrary to the manufacturer's instructions by you after our inspection.
11.4 Major beauty products have a shelf life of 3 years from manufacturing date, and are not considered unusable until expired.
11.5 You agree to check the expiry date of a product upon receiving your Order and contact our customer care department for reporting an expired product. you further agree not to use the expired product and you will keep the expired product in its original condition until further guidelines are given by Gembira for exchange or refund. We will not be liable to you for any health or skin allergy issues arising out of using an expired product purchased on the Site.
12.1 If you have a promotional Gvoucher, that voucher can be redeemed by someone other than you and you can assign your rights to use the voucher.
12.2 Gvoucher can only be redeemed on the Site.
12.3 Gvoucher is valid for the specified period stated on them only, and can be redeemed only once. Individual brands may be excluded from the promotion.
12.4 There will be no refund in cash or credit if a product value less than the value of a Gvoucher.
12.5 If the value of a Gvoucher less than the value of a product, you may top up the balance.
12.6 The value of a Gvoucher cannot be exchanged for cash.
12.7 You may purchase a gift Gvoucher for use by you or by other Customers. The clauses of 12.1 to 12.6 are applicable to a gift Gvoucher.
12.8 The gift Gvoucher or promotional Gvoucher will be sent to you via email.
12.9 A gift Gvoucher or promotional Gvoucher is considered to have been redeemed once it is used as payment. The gift Gvoucher or promotional Gvoucher will be re-activated by Gembira in cancellation of Order by Gembira. We may at our discretion decide not to re-activate any voucher in cancellation of Order by Customer, and we shall evaluate situation based on case by case basis.
14 Unforeseen Circumstances
14.1 We shall not be liable to you for any delay or breach of Agreement due to the circumstances beyond our control, including but not limited to unavoidable incident, actions of third parties, natural disasters or out of stock issue.
14.2 In the event that an unforeseen circumstance lasts for more than 3 business days, either you or we may terminate an Agreement forthwith by written notice to the other. We shall evaluate the incident based on case by case basis, and we may refund any applicable money to you.
15 Limitation of Liability
15.1 In no event shall the Site be liable for any special, indirect, incidental, punitive or consequential damages of any kind (including but not limited to those resulting from I. costs of replacement goods, II. loss of use of the Site/personal information/profits, III. delays or business interruptions, IV. expired products that accidentally sold by the Site and any theory of liabilities) arising out of or in connection with the use of this Site.
15.2 In no event shall the Site be liable for personal health or skin conditions (including but not limited to personal health or skin allergy issues resulting from using any unexpired or expired product purchased on the Site and any theory of liabilities) arising out of or in connection with the use of any products purchased on the Site.
16.1 Any notice under an Agreement shall be in writing and served by personal delivery, official delivery letter or email addressed to the relevant party at delivery address or email address.
16.2 Any written notice shall be deemed to have been served when the carrier has proved that the delivery letter is sent to the correct delivery address. Any written notice by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server.
17.1 No failure or delay by us or you in exercising any right under these terms and conditions shall operate as a waiver of such right.
17.2 If any clause in this Agreement shall be declared as invalid and unenforceable by any court, such unenforceability shall in no way affect any other clauses in these terms and conditions, and other clauses in these terms and conditions shall remain fully enforceable without the unenforceable term
17.3 No person who is not a party to an Agreement shall acquire any right under it.
17.4 We reserve the right to alter these terms and conditions at any time without prior notice.
18 Law and Jurisdiction
18.1 These terms and conditions shall be governed by and construed in all respect in accordance with the Laws of Malaysia. The Company and you hereby submit to the jurisdiction of the Courts of Malaysia in all matters arising out or in connection with this Agreement.