Terms and Conditions
ACCEPTANCE OF TERMS
DEFINITIONS OF TERMS
- “ACCOUNT” means the account the Customer registers on the Site.
- “REGISTER/SIGN IN” is used interchangeably – means when the Customer signs up to register as a Customer with the intention of purchasing a product.
- “PROCEED TO PAYPAL” means the third party payment portal of gateway facilitates online payment services for electronic commerce.
- “YOU/CUSTOMER” means the person or legal entity identified in Novexpert’s Acknowledgement or Confirmation of order.
- “ORDER” means the Purchase Order submitted by the Customer on the Site.
- “PASSWORD” means the password for the Customer’s Account
- “PRODUCT” means the products as described in Order Confirmation sent by PayPal and other products listed in Novexpert-skincare.com
- “NOVEXPERT-SKINCARE” OR “WE” means LiveLife Sdn. Bhd selling products to the Customer as identified in the Payment Receipt of PayPal.
- “WORKING DAY” shall mean any day except Saturday, Sundays and Public Holidays
OPENING AN ACCOUNT
- To place an order, Customer must first register an account with the Site.
- To open an account, Customer must be:
- Over 18 years of age
- Possess a valid credit or debit card issued by the bank, acceptable to PayPal.
- Have an email address for Novexpert-Skincare to communicate with Customers on matters related to the Site and especially in relation to any purchase order placed by Customer on the Site
- Provide all the information stated on the Site as required.
- Ensure that the information provided is correct and accurate at all times
- Novexpert-Skincare reserves the right to accept or decline any request to open an Account and/or Order without assigning any reason. Novexpert-Skincare reserves the right to close any Account for any non-compliance of these Terms and Conditions.
- Opening an Account involves:
- Registering your Username, Email Address, and Password.
- Customer is advised to keep his/her password confidential. It shall be the Customer’s responsibility to prevent unauthorized used of his/her Account. Novexpert-Skincare shall not be held responsible for any loss related to and/or resulting from any unauthorized use of the Customer’s Account howsoever arising.
ORDERING THE PRODUCTS AND ACCEPTANCE
- All orders shall be made through the Site in accordance with the instructions provided on the Site.
- Customer shall be responsible for checking and ensuring the product, quantities and prices are correct. Customer shall further be responsible for ensuring that all details provided are correct. Payment shall only be made through the approved payment gateway and/or portal as provided on the Site.
- Customer bears full responsibility of the usage of the payment gateway provided by the Site.
- Unless otherwise stated on the Site, Customer shall pay for all shipping and handling charges and shall bear all country, provincial, government, state and local sales, use, and goods and services, value added, excise, privilege and similar levies/taxes.
- Acceptance of the Order shall be in the form of a Payment Order email sent by Paypal to the address provided in the Customer’s Account.
- Novexpert-skincare may refuse to accept an Order for any reason, including unavailability of shipping or supplies. Conflicting, different, or additional terms and conditions in a Purchase Order shall be deemed an acceptance of such terms and conditions or a waiver of a provisions hereof.
CANCELLATION OF ORDER
- Customer may cancel his/her Order without assigning any reason. The cancellation of Order shall be in writing and shall be via email specified on Novexpert-Skincare Site.
- If Novexpert-Skincare receives the Customer’s cancellation instruction prior to the Confirmation of Order, there shall not any direct charges from Novexpert-Skincare and will not be held responsible for any charges that may be imposed by the Customer’s credit or debit Card company (if any). However, Novexpert-Skincare reserves the right to be reimbursed for any finance of administration charges imposed on Novexpert-Skincare by any third-party.
- If the Customer’s cancellation of Order is received after the Product has been already been sent to the Customer, the Customer will be required to return the Product in accordance. (See Returns & Replacement Policy Below)
- If the Customer’s cancellation of Order is received before dispatch, the Customer shall endeavour, without guarantee, to stop the delivery and assist in terminating the delivery process and cancelling the Order.
- Subject to Returns & Replacement Policy, no Order shall be cancelled and refund shall be made to the Customer once the Product is delivered to and received by the Customer.
- The Customer fully acknowledges that his/her payment made via third-party payment portal, Novexpert-Skincare shall not be held responsible for the length of time required for refund or for any delays. Novexpert-Skincare undertakes to refund Customer’s payment, as soon as possible, less any reimbursable charges due to the third-parties including but not limited to the payment portal, Novexpert-Skincare’s delivery service provider, supplier, manufacturer and others.
- The Customer shall be responsible for submitting correct and accurate information relating to the delivery of the Product, including the name and address for delivery, as required to be filled in on the Site.
- Novexpert-Skincare aims to deliver within the time indicated at the time of the Customer’s Order which may be updated upon the Payment Confirmation. Novexpert-Skincare shall not be responsible for any delays and shall not be liable to the Customer for any losses, liabilities, costs, damages, charges or expenses arising out of any late delivery not within the time indicated.
- The Customer shall inspect the Product upon delivery for any obvious faults, defects or damage. If the Customer finds any obvious faults, defects or damage and wishes to have a replacement, the Customer must comply with Returns and Replacement Policy below.
RETURNS AND REPLACEMENT OF GOODS SOLD POLICY
- The Return and Replacement Policy is applicable within Malaysia only.
- Goods may be returned within 14 days of date of receipt of the Product at the specified location as per stated in the Site. Conditions of goods sold must be:
- Unopened and shall be in a good, re-saleable condition together with all of the manuals and other items included in the Product. Product packaging that has been opened shall be deemed to be used and shall not qualify to be returned; and
- The Customer shall notify by writing within two working days from the date of receipt of the Product.
- In all other circumstances, the Product shall be deemed to have been accepted by the Customer as being in good condition and in accordance with these Terms and Conditions. The Customer shall not be entitled to withhold payment of the Product (if any) whilst any claim is being investigated by Novexpert-Skincare.
- The date of receipt shall be as that shown on the delivery voucher signed by the Customer or his representative upon receiving the Product.
- Upon receiving the Customer’s notification regarding returns, Novexpert-Skincare shall contact the Customer via phone or email to verify whether the Product is qualified for returning under the conditions stated above.
- In the event the Product is qualified for returning, Novexpert-Skincare will inform the Customer of the specific reference number together with its address for the Product to be returned.
- The Customer shall, at their own costs, deliver the Product to the address provided by Novexpert-Skincare.
- Novexpert-Skincare reserves the rights to replace the whole Product or any part or parts thereof which may be found to be faulty or in need of investigation even where only a part of the Product is faulty or in need of investigation and will not accept any returned Product from the Customer if there is a non-compliance as stated above.
- Novexpert-Skincare in effecting such replacement is under no obligation to replace the Products or any parts thereof with those that are identical in all respects to the faulty Product. Unless local laws determine otherwise, Novexpert-Skincare reserves the right to supply Product which are similar to the specification of the faulty Product. We shall ensure that any Product or parts thereof used in replacement shall have at least an equivalent specification to the faulty Product or parts thereof. Novexpert-Skincare reserves the right to supply Product or parts thereof manufactured by whomsoever it shall, from time to time, deem appropriate.
- The Product of any part or parts thereof replaced or removed shall become the property of Novexpert-Skincare of the manufacturer, as the case may be.
- For the avoidance of doubt, the provisions of these Terms and Conditions shall apply to all replacements of any part or parts of the Product made by Novexpert-Skincare.
PRODUCT WARRANTY AND LIABILITY
- Unless specified otherwise, Novexpert-Skincaare DOES NOT give any warranty to the Customer that the Product is fit for any particular purposes as the respective manufacturer’s and/or distributor’s warranty has been provided in each Product sold by Novexpert-Skincare.
- Customer shall be solely responsible for the evaluation of any Product and the decision to purchase and use any Product marketed on the Site.
- Novexpert-Skincare shall not be liable in contract or in tort for any loss or damage suffered by any Customer howsoever arising from use of the Product and consumer rights are limited to those set out in these Terms and Conditions.
- The Customer shall indemnify Novexpert-Skincare and keep Novexpert-Skincare fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misuse of the Customer or by any breach of its contractual obligations arising out of these Terms and Conditions.
- Customer agrees that Novexpert-Skincare will not be liable for Product being discontinued or not being available for use. We, shall not under any circumstances be liable to the Customer for any:
- incidental, indirect, special or consequential damages,
- loss of opportunity,
- loss of revenue,
- loss of profit or anticipated profit,
- loss of business
- loss of contracts,
- loss of goodwill,
- loss arising out of business interruption; and
- loss arising out of or in connection with pollution or contamination, all arising out of or in connection with the purchase, use or performance of Product, even if Novexpert-Skincare has been advised of their possibility.
- Any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Novexpert-Skincare shall be subject to correction without any liability on the part of Novexpert-Skincare.
- Where under any applicable law, implied conditions and warranties cannot be excluded, Novexpert-Skincare’s liability for breach of such conditions and warranties shall be limited, at Novexpert-Skincare’s option,
a) to the replacement of the Product or the supply of equivalent Product subject to the replacement policy stated above; OR
b) to the payment of the cost of replacing the Product or of acquiring equivalent Product
Novexpert-Skincare undertakes to provide as accurate as possible information provided by the Product’s supplier and/or manufacturer. Novexpert shall not be held responsible for the accuracy or correctness of any information provided to Novexpert by the Supplier and/or manufacturer.
Novexpert-Skincare shall endeavour its best effort to make the refund (if any) via the same payment portal that the Customer made payment for the Product on the Site. Any fees charged by the payment portal will be deducted from the amount due. Novexpert-Skincare reserves the right to issue payment directly to the Customer as alternative.
During the continuance of these Terms and Conditions or any agreement of sale made between Novexpert-Skincare and the Customer, the Customer shall:-
- Make sure that proper environmental conditions (in particular those (if any) defined in the relevant Product’s user manuals) are maintained for the Product and shall further maintain in good condition the place where the Product is kept;
- Ensure that the Product is used in a proper manner, in accordance with the Product’s user manual;
- Use on or with the Product only such accessory, attachment, component or additional equipment or products as Novexpert-Skincare recommends, or are recommended in accordance with the Product’s user manuals, or are commonly and properly used on or with the Product.
- Not use in conjunction with the Product any accessory, attachment, component or additional equipment or products other than those which are specifically approved as compatible by the relevant Product’s user manuals.
Novexpert-Skincare shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Novexpert-Skincare and Novexpert-Skincare shall be entitled to a reasonable extension of time for the performance of such obligations.
Each party, at its own expense, will comply with all applicable laws, orders and regulations of any governmental authority with jurisdiction over its activities in connection with these Terms and Conditions and any agreement of sale in relation to the Product made between Novexpert-Skincare and the Customer. Each party will furnish to the other party any information required to enable the other party to comply with applicable laws and regulations related to the Product. Novexpert-Skincare and Customer acknowledge that any Product licensed or sold under any agreement of sale maybe subject to import/export control laws and regulations, including those of the countries from which it was supplied and in which it is used and agrees to abide by those laws and regulations. The Product purchased may not be sold or otherwise transferred to restricted end-users or to restricted countries. The Customer and Novexpert-Skincare agree to comply with all applicable export laws, regulations and orders. In addition, each party agrees to indemnify, defend and hold the other harmless from any claims, demands or causes of action against the other due to the indemnifying party’s violation or alleged violation of the applicable import/export laws, regulations and orders.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and shall be subject to the non-exclusive jurisdiction of the courts of Malaysia.
Nothing in these Terms and Conditions shall affect the statutory right of a Customer dealing with Novexpert-Skincare as a consumer as defined in any consumer protection legislation intended to protect consumers in similar transactions.
- The Customer shall not be assign or otherwise transfer any agreement of sale, or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of Novexpert-Skincare. Any such unauthorized assignment shall be deemed null and void.
- If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
No failure or delay on Novexpert-Skincare’s part in exercising any power or right under these Terms and Conditions or any agreement of sale operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.