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Terms & Conditions

Terms of Use

Agreement to these Terms and Conditions constitutes execution of an agreement for use of the services provided by BELLE NATURE BEAUTY AND CARE (dba The ORCHID Skin Malaysia) (collectively, “TOS”) and is agreed upon by TOS and the purchaser who buys products on TOS’s site (the “Site”).

 

Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to TOS. The Site is the property of TOS and its licensors. By using the site, you are agreeing to the following listed terms; if you do not agree, please refrain from using this site.

TOS reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, TOS grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

 

Privacy

To understand our practices, please review our Privacy Policy, which also governs your visit to TOS.

 

Electronic Communications

When you visit TOS or send emails to us, you are communicating with us electronically and it indicates that you also agree to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfies any legal requirements that such communications be in writing.

 

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TOS or its content suppliers and protected by Korea and international copyright laws.

 

License and Site Access

TOS grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TOS. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TOS. You may not frame or utilize framing techniques to enclose logo, or other proprietary information (including images, text, page layout, or form) of TOS without express written consent. Any unauthorized use terminates the permission or license granted by TOS. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TOS so long as the link does not portray TOS, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use the TOS logo or other proprietary graphic as part of the link without express written permission.

 

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. TOS does sell products for children, but it sells them to adults, who can purchase with a permitted payment method. If you are under 18, you may use TOS only with involvement of a parent or guardian. TOS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Each member is entitled to one TOS account. If you believe there is an error with the account creation process, please contact TOS by email (theorchidskinmy@gmail.com).

 

Promotional Terms and Conditions

1. Explanation of standard promotional terms

a) Each individual promotion will come with its own set of specific significant terms and conditions (the “Significant Terms”) in addition to these Standard Promotional Terms and Conditions (“Standard Promo Terms”). You should therefore read these Standard Promo Terms in combination with the applicable Significant Terms for any contest, bonus or promotion (referred to as a “promotion” or “bonus” or “contest” or “competition” interchangeably throughout these terms) you wish to enter.

b) If for any reason, a promotion does not have Significant Terms, the promotion will default to these Standard Promo Terms only. Where such Significant Terms conflict with these Standard Promo Terms, the Significant Terms will take precedence.

 

2. Promotional abuse and irregular usage

a) TOS reserves a zero-tolerance policy towards bonus abuse, fraud, taking unfair advantage of us and/or other suspicious activity, and TOS reserves the right to block and remove bonuses, associated wins and/or credits from accounts that TOS suspects, at our sole direction, are involved in such activities or behaviours.

b) TOS reserves the right to review transaction records and logs from time to time, for any reason whatsoever. You hereby consent in advance to the same. If, upon such a review, it appears that you are participating, or attempting to participate, in strategies that TOS, in our sole discretion deem to be (i) promotional abuse; and/or (ii) irregular usage; TOS reserves the right to deny, withhold, revoke or withdraw your entitlement to any promotion, winnings or bonus, or terminate your access to the Website and/or block your account. 

c) “Promotional abuse” includes, but is not limited to, any one of the following types of promotions:

• Working in a syndicate with other customers to abuse promotions, deliberately cheating or other unfair behaviour;

• Whether known or unknown to us, taking advantage of any software or system bug, loophole, fault, error or failure including, but not limited to, in respect to any promotion; and

• Using multiple accounts to claim a promotion, win, credit, bonus offer more than once.

 

3. Right to Vary

a) TOS reserves the right to withdraw, modify, discontinue or terminate any promotion at any time, and without prior notice. All promotions are intended for TOS customers only and TOS may at our sole discretion limit the eligibility of customers to participate in any promotion.

b) TOS reserves the right in our sole discretion to deny you from all future promotions. Once you have been informed that you are no longer eligible for promotions, and should you take up any promotion, all winnings from that promotion will be confiscated.

 

4. Coupons

a) Only one coupon promotion is awarded per account per customer meaning one per email address, telephone number, credit or debit card and/or e-payment account. 

b) Only one valid coupon can be redeemed per person and coupons cannot be used in conjunction with any other promotion unless otherwise stated.

c) Coupons can be withdrawn or terminated at any time and TOS reserves the right to refuse customers the use of coupons at any time.

 

5.  Reward Points (stay tuned - to be launched soon)

Reward Points may be awarded to accounts based on certain activities such as participation in promotional activities, and refunds. Points may be used as credits for future purchases on TOS subject to the terms and conditions of certain promotions. Unless stated otherwise, points will expire 1 year after the grant date. Points may not be redeemable or exchangeable in cash and/or products, nor transferable to other accounts. TOS reserves the right to cancel or revoke points from a user's account at its own discretion.

 

6. Competition and Contest Terms

a) Any competition/contest that TOS operates is only open to individuals above the age of 18 and who provide the necessary details and information as required by each individual competition/contest, communicated via social media, email or otherwise.

b) To enter into a competition/contest, you must follow the rules and requirements as set out in each individual competition/contest. Failure to do so shall result in non-entry to such competition/contest. This includes your acceptance to these Terms of Use and, specifically, this clause 6.

c) All of our competitions/contests expire at a time and date as set out in the competition/contest details. Should you submit an entry after this date then it will be automatically rejected.

d) Unless otherwise stated, TOS only accepts one entry per person per competition/contest.

e) TOS reserves the right to cancel or amend any competition/contest and the applicable terms without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event that is beyond our reasonable control. Any such changes will be notified to entrants (or the winner, as the case may be) as soon as is reasonably possible.

f) TOS is not responsible and/or liable for inaccurate prize details, or the acts or omissions, by any third party connected with a competition/contest.

g) Our decision in respect of all matters to do with the competition/contest will be final.

 

7. Additional promotional terms

a) TOS may withhold any credits, bonuses, coupons, loyalty points or prizes awarded as part of a promotion at our discretion.

b) TOS reserves the right to verify the eligibility of all participants.

 

7-Days Return/Refund & Authenticity

1. TOS offers a 7-days return/refund to all of its members. If you received wrong/defect product(s) with your purchase, you must contact TOS by email (theorchidskinmy@gmail.com) within 7 days upon receiving the wrong/defect product(s) and we will provide you with some simple instructions on returning the product(s) for exchange, subject to the following terms and conditions.

a) You must first inform us by email / WhatsApp with clear photo evidence before returning the items(s) and/ or to request for refund

b) For case of receiving wrong product, the said product must be in its original packaging upon return and not being opened / used

c) Please include the necessary information (upon contacting us) on the return parcel for us to identify your product and purchase

d) Item(s) returned is/are not a special-order item (stock ordered upon request), or customized products

e) Exchange of product will be processed within 7 business days after we receive your returned item(s)

f) You must pay the return shipping's postage. Upon receiving your item(s), TOS will bear the postage fees to ship back the correct product

 

2. Abuse of 7-Days Return/Refund

At any time, TOS reserves the right to revoke any and all benefits of the 7-Days Return/Refund (including the right to cancel a previously awarded refund), if it is found that a customer has attempted to or has violated or circumvented the 7-Days Return/Refund Terms & Conditions. If the 7-Days Return/Refund is being intentionally abused or manipulated to circumvent its intent, TOS reserves the right to reject future 7-Days Return/Refund claims from any persons who participated in such actions.

 

Termination of Membership Account

1. Termination by members:

a) A member may terminate the Membership Account at any time by providing notice to the TOS, provided that the member has taken the necessary actions to finalize any and all transactions at least seven days prior to the date of the termination notice.

b) A member shall be responsible for any consequences arising from the termination notice within said period; and upon termination of the Membership Account, TOS may withdraw all benefits given to the member.

 

2. Termination by TOS:

a) TOS may terminate the Membership Account in the event of occurrence or verification of the following:

i) infringement or damage upon the rights, reputation, credit or any other interest of TOS or any other member or breach of all applicable laws;

ii) obstruction of the proper processing of the TOS services provided by TOS

iii) circumstances in which TOS finds it necessary, in its judgment, to refuse the TOS services.

b) If TOS terminates the Membership Account, TOS will notify the member through e-mail, telephone or other means. The Membership Account shall be terminated at the time when TOS notifies the members of its intent of termination.

c) If TOS terminates the Membership Account, these Terms and Conditions shall continue to apply with respect to transactions executed before the termination.

d) When the Membership Account is terminated pursuant to this Article, TOS may withdraw any benefits given to the relevant member.

e) If the Membership Account is terminated pursuant to this Article, TOS may refuse to approve the members’ re-application

 

Management of Members

1. TOS may take any or all of the following measures against members who have violated the Terms and Conditions, applicable laws and regulations or general commercial practices:

a) Withdrawal of all or part of the benefits given by TOS;

b) Restriction on use of certain services;

c) Termination of the membership account;

d) Claim for damages

 

2. TOS will notify the relevant member by phone or e-mail prior to taking any measure specified above, but if the member cannot be reached, or in cases of urgency, TOS may take the measure first and notify the member after the event.

 

3. Members may dispute the measures taken by TOS under this Article if they have grounds to do so.

 

Delivery

1. The delivery period shall be from the day following the day on which payment receipt is confirmed to completion of delivery.

 

2. Public holidays, weekends and any other days during which delivery is impracticable due to a force majeure event are not included as part of the delivery period.

 

3. Invalid Address

You are responsible for the shipping information while placing the order. You can contact us for updates to your shipping information if your order is not shipped. Though we make full effort in ensuring your shipping information is updated in our system, we do not guarantee that this update will be correctly reflected on your order depending on various situations. Once your order is shipped, changes are impossible.

 

In the event that delivery cannot be completed due to absence, invalid, or incomplete shipping details, the parcel will be returned to your local post office pending further action. Depending on your local courier's policy, you will need to claim your parcel from the post office within the stipulated time frame before it gets returned back to TOS.

TOS may also make an effort in notifying you should this happen. We can offer you the re-shipment option however, you may be charged extra shipping costs for this service. The re-delivery process can take up to another 30 days. You may also request for a refund for this error (minus the International shipping charges). Returned parcels will be kept for 3 months before being permanently dismantled. You cannot make any claims for parcels that have been dismantled 3 months after we notified you of the delivery error.

If the address was inputted incorrectly or it was an existing address or if someone accepted the parcel and did not return it, TOS will not be held responsible.

Please contact our Customer Service at theorchidskinmy@gmail.com if you do not receive your parcel after 7 business days.

 

Risk of Loss

Loss or damage that occurs during shipping by a carrier selected by TOS is TOS's responsibility. Loss or damage that occurs after shipping is the customer's responsibility.

 

Cancellation, Request for Return and Ownership

  1. A purchase order may be cancelled within 24 hours from the date order was placed; as long as it has not shipped. No cancellations or changes are allowed after 24 hours.
  2. Shipping costs of returns may apply subject to the cause of the return. (e.g. return requested due to change of mind).
  3. TOS does not take ownership of returned items until the item arrives at TOS’s office. At our discretion, a refund may be issued without requiring a return. In such a situation, TOS does not take ownership of the refunded item.

 

Product Descriptions

TOS attempts to be as accurate as possible. However, TOS does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by TOS itself is not as described, your sole remedy is to return it in unused condition.

 

Pricing

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparable item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. With respect to items sold by TOS, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. This policy applies only to products sold and shipped by TOS.

 

Disclaimer of Warranties and Limitation of Liability

This site and all information, content, materials, products and services included on or otherwise made available to you through this site are provided by ‘TOS’ on an "as is" and "as available" basis, unless otherwise specified in writing. TOS makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, TOS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. TOS does not warrant that this site; information, content, materials, products or services included on or otherwise made available to you through this site; their servers; or electronic communications sent from TOS are free of viruses or other harmful components. TOS will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. Certain country laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may be entitled to additional rights.

 

Disputes

Any dispute or claim relating in any way to your visit to TOS or to products or services sold or distributed by TOS or through www.theorchidskin.com.my will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. Any legal proceedings brought in connection with disputes arising between TOS and any member from TOS services shall be submitted to the competent court having jurisdiction over the location of the head office of TOS.

 

Site Policies, Modification, and Severability

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to TOS. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.