These terms and conditions (“Terms”) are the terms and conditions in accordance with which we supply Products (each a “Product”) listed on our website www.mysmink.com (the “Site”) to you (the “Terms and Conditions”).
In these terms the following definitions shall apply:“Agreement” means any contract entered into between mySMINK and a Buyer;
“Buyer” means the buyer of an Item, which is sold through the Website;
“Customs” means the relevant department in the respective country, which collects duties levied on goods imported into the said country;
“mySMINK”, “us”, “we” and “our” means BEAUTY LUXE SDN BHD (Company no. 1224237-X) a company incorporated in Malaysia and having its registered office address at C-1-6, Plaza Damas, 60, Jalan Sri Hartamas 1, trading as MYSMINK;
“Item” means any product or other services sold via the website;
“Terms” means the Buyer’s Terms and Conditions; and
“Website” means our website www.mysmink.com
"Account" means the MYSMINK Account that you will need to register for on the Site if you would like to submit an Order on the Site;
"Business Day" means any day on which banks in Malaysia open for business;
”Order Confirmation" means our email to you, in which we acknowledge your Order .
"Contract" means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 6.2 below;
"Customer" means any individual who places an Order on the Site;
"Order" means the Order submitted by you to the Site to purchase a Product from us;
"You" means the Customer who places an Order;
"Merchant" means the brand or supplier that provided the item;
References to "clauses" are to clauses of these Terms and Conditions;
Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
1. Formation of a Contract
The information set out in the Terms and Conditions and the details contained on this Site do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Products shall exist between you and us until we have shipped the Products to your address.
To submit an Order, you will be required to follow the online shopping process on the Site. After this you will receive an Order Confirmation, which will act as an acknowledgement of your Order.
An Order is only considered accepted by us upon your Order being shipped to the delivery address provided by you.
A Contract will relate only to those Products, which we deliver to you. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times.
2. Items on Website
While we make every effort to describe and display every Item as accurately as possible, you should be aware that the colour and appearance of the Item as displayed on your computer monitor or any other display might differ from the actual colour and appearance of the Item. The merchants provide all product information and any misinformation will be directed back to the merchants.
All Product descriptions, information and materials posted on this Site are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising. Product image as seen on the Site may slightly differ from the actual
Buyers must read and take into consideration of each content and ingredients. Also, as some products are homemade and therefore buyers must take into consideration that they are purchasing the item at their own risk. MYSMINK is not responsible for any physical or health damage to the buyer.
3. Ordering Items
3.1 Once you have placed your order we will send you an order confirmation. This email is merely a confirmation that we have received your order and does not constitute acceptance of your order.
To place an Order, you must register with us by creating an Account on the Site. You must only submit to us information, which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Site. You shall not misuse the Site by creating multiple user accounts.
4. Prices and Payment
4.1 All prices provided on the Website are in Malaysian Ringgit.
4.2 We accept payments in Malaysian Ringgit only by credit or debit card or PayPal. We may accept other forms of payment from time to time, which will be clearly indicated on our Website.
4.3 MYSMINK will insure items prior to postage until the Item is delivered.
MYSMINK aims to dispatch items within 48 hours of receiving the order (if accepted). Our office hours for shipping are from 9am to 6pm, Monday to Friday. Please note that estimated delivery times are to be used as a guide only and commence from the date of dispatch. MYSMINK will not be responsible for any delays caused by destination customs clearance process.
4.4 If there are custom duties and/or any taxes to be paid for the order, Buyer agrees to bear all cost(s) and will pay the cost(s) directly to the Customs.
4.5 For payment of Item on website, you confirm that the credit or debit card that is being used is yours or that you have been specifically authorised by the owner of the credit or debit card to use it. All credit or debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your credit or debit card refuses to authorise payment to MYSMINK, we will not be responsible or liable for any delay or non-delivery. 4.6 Holders of credit or debit cards may be subject to validation checks and authorisation by issuer of their card. We accept no responsibility if your card issuer refuses payment authorisation and we shall not be liable for any resulting delay or non-delivery.
4.7 Whilst we make best efforts to ensure that all details, descriptions and prices, which appear on this Site, are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products, which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you we will treat the Order as cancelled. If you cancel your Order before we have shipped it to you, and you have already paid for your Order, you will receive a full refund.
(a) Where applicable, prices are inclusive of GST and are in Malaysian ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.
(b) We are under no obligation to fulfill your Order if the price listed on the website is incorrect (even after your Order has been acknowledged by us). (c) You can pay using any of our payment partners listed on our homepage or use the cash on delivery payment method. Similarly you can pay all or part of the price of your Order using e-gift cards, store credit or a promotional voucher.
(d) E-gift cards and promotional vouchers must be entered at the check out page online only. Physical presentation of vouchers to MYSMINK personnel will not be accepted.
(e) To minimise the risk of unauthorised access, we encrypt your card data. Once we receive your Order we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorisation check has been completed. Your card will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorisation by card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery.
(f) Upon authorisation of the payment, by clicking the “Order now” button you are confirming that the card belongs to you or that you are the legitimate holder of the e-gift card or the promotional voucher, and have sufficient funds or credit facilities to cover the cost of the Product.
5. Refusal of Order
5.1 We reserve the right to withdraw any Products from this Site at any time and/or remove or edit any materials or content on this Site. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
5.2 If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.
5.3 We will not be liable to you or any other third party by reason of our withdrawing any