Pusat Bantuan

Last updated: 5th April 2021

The present general terms and conditions of sale apply to all and any orders placed on FRESH website by customers located in Malaysia (“MY”).

Welcome to Fresh.com (the “Website”). These are the terms of use and sale (the “Terms”) for your use of the sites owned, controlled and managed by Fresh Inc. and L Beauty Sdn Bhd. (collectively “Fresh”), including www.fresh.com/my (the “Sites”).

We are L Beauty Sdn Bhd. ("we", "us", "fresh"), a company registered in Malaysia. Our company registration number is 966661-X and our registered office is at Unit 37-02, Q Sentral 2A, Jalan Stesen 2, Kuala Lumpur Sentral, 50470 Kuala Lumpur, Malaysia.

You can contact us by writing to us at enquiries.my@fresh.com.

If we need to contact you for service-related matters, we will do so by telephone or by writing to you at the email address or postal address you have provided to us in your order. "Writing" or "written" in these T&Cs includes emails.

The Website is provided as a service to our customers and your use of this Website is governed by these terms and conditions (these “Terms of Use”). We may change these Terms of Use at any time, with notice to you. Such changes are effective when they are posted to this Website and your continued use of the Website after any such changes are posted will be considered acceptance of such changes.

By accessing and/or using this Website, you acknowledge and agree to these Terms of Use as well as our Privacy Policy which is incorporated herein by reference for all purposes. By accessing and/or using this Website, you accept without restriction these Terms of Use as well as our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, you may not access or use the Website. If you refuse to accept these Terms of Use, you will not be able to order any products from the Website.

YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE CLAUSES CONCERNING YOUR RIGHT TO END THE CONTRACT (CLAUSE 1.9) AND OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU (CLAUSE 3.1).

Capitalised words used in these Terms of Use, other than those capitalised only for grammatical purposes, shall have, in both their singular and plural forms, the meaning ascribed to them where the capitalised words appear inside quotation marks.

If you have any questions about Fresh, please see our FAQ.

If you think that there is a mistake in these terms, please contact us to discuss.

To contact us, please see the Customer Service section in the Website for our contact details.

Definitions: The terms and expressions listed hereunder shall have the meaning specified in the definition, being understood that terms defined in the singular form are to be considered defined even in the plural form:

• Customer/you/You/your/Your means any person who accesses or is a visitor in the Website Fresh.com, or is purchasing one or more Products in the Online Shop.
• General Conditions mean these general conditions or Terms of Use.
• Order Confirmation means the e-mail message by means of the Customers are informed of the acceptance of the Orders.
• Sale and Purchase Agreements mean the sale and purchase agreements of the Products.
• Price means the sale price of the Products as specified in the Online Shop with reference to each Product.

1. ORDERS FOR PRODUCTS AND SERVICES

1.1 Personal Use

The products we make available on this Website, including samples, are for your personal, non-commercial use only. You may not sell or resell any products you purchase or otherwise receive from us. By placing an order with thus, you declare and warrant that the purchase of products on the Website is not carried out in the course of your professional activity and is intended for strictly personal use.

Fresh reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you, as determined by Fresh in its sole discretion. You will only be charged for quantities actually shipped. You may only order products if you are 18 years old or older and legal capacity to contract.

1.2 Price

We only accept payment for orders in Malaysian ringgit (RM).

The applicable Price is the one published in the Online Shop at the time the Orders are placed by the Customers. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, unless we are fraudulent or negligent, we will not be liable to you for any losses caused as a result of any unauthorized access to this data by a third party.

Prices for our Products may change from time to time, but changes will not affect any Order which we have confirmed with an Order Confirmation.

Prices are inclusive of SST at the applicable current rate chargeable in Malaysia for the time being. However, if the rate of SST changes between the date of your Order and the date of delivery, we will adjust the SST you pay, unless you have already paid for the Products in full before the change in SST takes effect.

The Price does not include delivery charges. Delivery charges will also be payable on your Order and these will be added to the price of your Order prior to you submitting payment to us. For details of our delivery charges please see our Shipping.

1.3 Payment Methods

Fresh accepts payment from the following: Visa, Mastercard, and Atome.

Fresh has the right to modify the methods of payment available to the Customers, at any time, being understood that available methods of payment are those indicated in the Online Shop at the time the Orders are placed by the Customers.

For security reasons your billing name must match that of the credit card used for payment. If you choose to pay using a payment card with a foreign currency-denominated account for a Malaysia delivery, the payment will be taken in Malaysian ringgit (RM). Your payment card issuer will then convert the Malaysian ringgit value, using their foreign exchange rates.

All purchases require bank authorisation prior to processing. Only authorised orders will be processed and shipped.

1.4 Quantity Limitation

It is specified that the Products are intended only for the personal use of the Customer, without any direct relation to the professional activity. As such, the Customer's attention is particularly drawn to the fact that he/she cannot order more than five (5) units of the same reference per transaction.

1.5 Product images, Pricing and Availability

The images of the Products in the Online Shop are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

Errors may sometimes occur in our pricing. If we have made an error in the price of a product you have ordered, we will contact you. You will have the option to reconfirm your order at the correct price, or the order will be cancelled. Prices may change and offers may be withdrawn at any time. Offers and promotions may be available online only or in-store only. Please check the terms of the relevant offer.

The range and availability of the Products published in the Online Shop may vary from time to time. The packaging of the Products may vary from that shown on images on this Website.

All Products shown on this Website are subject to availability. Should a Product (indicated as available at the time the Order was placed by the Customer) no longer be available, the Customer will be informed by email, on when the ordered Product/Products is/are expected to be available again. Unfortunately, once you successfully make an order, we're not able to make any further changes like shipping method upgrades or change in quantities for your beauty haul. As Fresh is not liable for replacements or refunds for parcels that have been delivered to incorrect addresses provided, we always suggest reviewing your bag and shipping details before you check out!

1.6 Samples

 

Every Fresh.com/MY order will be shipped with a maximum of 3 complimentary basic samples of featured products within the limit of available sample stock. Unfortunately, due to the large number of requests we receive we can only send samples with orders.

1.7 Placement of Orders

To place an Order, you may register with us by creating an Account or place your Order using a guest account. The information you provide in connection with your Account must be true, accurate and complete in all respects, and you must keep your information up to date by informing us of any changes to your Account information via the relevant sections of the Website.

Please take the time to read and check your Order at each page of the order process. The information you provide in connection with your Order must be true, accurate and complete in all respects.

Before you place your Order, you will have the opportunity of identifying whether you have made any input errors. You may correct those input errors before placing your Order. It is your responsibility to ensure that your Order is correct before submitting it to us. Please ensure that you enter a complete and accurate delivery address. We will not be responsible or liable for items which go missing or are delayed due to inaccurate or incomplete delivery address information provided by you when submitting your Order. By clicking the “Order Confirmation” button, you confirm that the Order information (including delivery details and payment details) provided by you are valid and correct, and that when your Order is accepted and processed by us, payment will be made in full. By placing an Order, you confirm that you are the person referred to in the billing details.

When you submit an Order, you are offering to purchase Products from us at the prices indicated on the Website. All Orders for Products from the Website must be placed using the shopping cart facility provided on the Website. Once you have submitted your Order, you will no longer be able to cancel or modify any aspect of your Order.

ACCEPTANCE BY US OF ANY PAYMENT MADE BY YOU IN CONNECTION WITH ANY PRODUCTS DOES NOT CONSTITUTE OUR ACCEPTANCE OF YOUR ORDER AND A LEGALLY BINDING SALE AND PURCHASE AGREEMENT IS NOT FORMED UNTIL YOU RECEIVE THE ORDER CONFIRMATION AND WE WILL NOT BE OBLIGED TO SUPPLY PRODUCTS TO YOU UNTIL THEN.

The foregoing notwithstanding, Fresh reserves the right, with or without notice, to cancel or reduce the quantity of any Order to be filled or Products to be provided to you, as determined by Fresh in its sole discretion, in which case you will only be charged for quantities of Product actually shipped.

If we are unable to supply you with a Product, for example, because that Product is no longer available, or because of an error in the price on our Website, or we are unable to obtain authorization for your payment, or where you do not accept the Terms of Use, we will inform you of this via e-mail, and we will not process your Order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

Without prejudice to any other provision in these Terms of Use, Fresh reserves the right to cancel any Orders under the following circumstances:

(a) Orders which breach these Terms of Use, including Orders which exceed the control limits outlined in these Terms of Use (no more than 5 units of the same Product per Order);

(b) Orders made by a Customer with whom Fresh has an existing dispute;

(c) Total or partial non-payment of a previous order by the client

 

1.8 Shipping

Domestic Shipping & Handling:

All Orders are processed during Business Days only. If your Order was placed after the end of a Business Day, it will be processed on the next Business Day.

Your order will be fulfilled within the estimated delivery period which will be no more than 30 days after the date on which we send you the Order Confirmation unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control (as defined in these Terms of Use below), we will contact you with a revised estimated delivery date.

Please ensure that you enter a complete and accurate delivery address when placing your Order. We cannot be held responsible for items which go missing or are delayed due to inaccurate or incomplete delivery address information that you provided to us when placing your Order.

All risks in and to the Products (including risk of loss, theft or damage) are passed to and assumed by you upon delivery of the Products to the delivery address you have provided to us when placing your Order.

 

Shipping Charges:

Peninsular Malaysia - Standard (2-8 business days): RM 15

East Malaysia - Standard (4-10 business days): RM 20

Shipping charges are based on order totals and will be added to the price of your order prior to you submitting payment to us.

Please note Fresh offers free shipping on all orders over RM 240 (standard shipping).

 

International Shipping:

We regret that we are currently unable to process and ship orders to destinations outside of Malaysia.

1.9 Returns

Fresh would like you to be satisfied with your purchase on our Website. If you would like to return a Fresh product purchased via our Website, please see our return policy below:

Please note that this return policy only applies to Products purchased via the Website, excluding any Products which are stated to be non-returnable/non-refundable on the Website (e.g. personalized products). We are unable to accept any online returns for products purchased at a Fresh boutique or through any of our online or offline retail partners.

All return requests must be submitted via the Website within 7 days of the date of delivery, and we must receive the Products to be returned within 7 days of the date of your relevant return request. Only Products which are unused, in their original packaging and with intact product tags can be returned. Refunds will be processed within 7 Business Days of our receipt of the returned Products. Save as otherwise provided under Section 1.10 below, refunds will only be provided in the form of a credit voucher for your next purchase on the Website, which will have a validity period of three (3) months. Terms and conditions governing the use of such credit vouchers will apply.

To request a return, please follow the below instructions:

• Fill in the return form under the "Returns / Exchanges" section of our Website, including your Order information, the Product(s) to be returned, the reason for returning the Product(s), a photograph of the Product(s) to be returned and any other relevant supporting documentation.
• Pack the Product(s) to be returned in their original packaging, seal them in a parcel and attach the Returns Shipping label to the outside of your return parcel.
• Arrange for the return parcel to be returned to us via courier. We advise you obtain proof of postage from the courier as we are responsible for your parcel only once it has been received into our warehouse. Items lost in transit will not be treated as returned.

Fresh will cover the courier charges for all Product returns submitted via the above process, except for (a) Product returns due to buyer’s remorse; and/or (b) returns of Products which have been used, are not in their original packaging, or do not have intact product tags, in which case the cost of the return shall be your responsibility and Fresh will not reimburse you for the courier charges. Please note that if you fail to submit sufficient photographic evidence and/or supporting documentation together with your return request, Fresh shall reasonably be entitled to assume that your Product return is due to buyer’s remorse.

For any refund and return queries, you may contact our friendly customer service team at enquiries.my@fresh.com.

 

1.10 Damaged or Defective Products

When your Order arrives, please inspect the Product(s) for any damage or defects. It is normal for the shipping package to show some wear. However, if you think a Product in your shipment is damaged or defective, please contact us at enquiries.my@fresh.com. To return a damaged or defective Product, please follow the instructions on the Returns process above. For returns of damaged or defective Products, your original shipping and handling charges will not be refunded, but you may choose (a) to receive a refund for the damaged or defective Product(s) in the form of a credit voucher or via the mode of payment you had utilized when placing the relevant Order, or (b) for a replacement for the damaged or defective Product(s) to be shipped to you free of charge.

 

2. WEBSITE CONTENT

The Content (as defined below) presented on this Website is intended for educational or informational purposes only. Such information is not meant to serve as a substitute for professional medical advice. Fresh does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on this Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 999 OR YOUR DOCTOR IMMEDIATELY.

2.1 Colours on the Internet

The images of the Products in the Online Shop are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.

Fresh wants you to enjoy the products you buy from us. Please keep in mind that colour monitors display colours differently, so if you have concerns about specific colours of makeup, please email our customer service enquiries.my@fresh.com. We'll get back to you right away with information to help you select the colours that are right for you.

2.2 Website Content; License

Fresh and/or its licensors own all right, title and interest in and to the Website, all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on the Website (“Content”), as well as the look and feel and the design of the Website and the organization of the Content on the Website, including but not limited to any copyrights, Trademarks (as defined below), patent rights and other intellectual property and proprietary rights therein, or has a valid right from a third party to use such material on the Site(s). Your use of the Website does not grant you ownership of any Content on the Website. Subject to these Terms of Use, Fresh grants you a limited, revocable, non-sublicensable and non-transferable license to use the Website and the materials contained therein only for your personal, non-commercial use.

2.3 Trademarks

The trademarks, logos, service marks and trade names (individually, a “Trademark” and collectively, the "Trademarks") displayed on the Website or on content available through the Website are registered and unregistered Trademarks of Fresh and others and may not be used unless authorised by the Trademark owner. All Trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective Trademark owner. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or that of the third party Trademark owner. Your misuse of the Trademarks displayed on the Website is strictly prohibited.

2.4 Your Use of The Website

Unless expressly permitted in these Terms of Use or with Fresh’s written consent, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transfer, sell or in any way exploit the Contents of this Website. Fresh will aggressively enforce its intellectual property rights to the fullest extent of the law.

You must not misuse our Website or its contents for any purpose which is unlawful (such as, for examples, introducing viruses or attempting to gain unauthorized access to our Website).

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

The website is for your personal and non-commercial use only. You agree that you are solely responsible for:

- all costs and expenses you may incur in relation to your use of the website; and

- keeping your password and other account details confidential.

We may prevent or suspend your access to the website if you do not comply with any part of these Terms of Use, any terms or policies to which they refer or any applicable law.

2.6 User Information

If you register with this Website, make a purchase via the Website, sign up for e-mails, apply for membership in one of our programs or enter a competition or promotion, you will be asked to provide personal information to us (“User Information”). Our information collection and use policies with respect to such User Information are set forth in the Website's Privacy Policy which is incorporated herein by reference for all purposes. You are responsible for keeping your User Information up to date and accurate.

2.7 User Comments, Feedback, And Other Submissions

We welcome your suggestions, feedback, ideas and other submissions (collectively “User Contributions”) about the Website, its content, and our products. If any User Contribution includes ideas, suggestions, documents or proposals to Fresh, you hereby acknowledge and agree that: (a) such User Contributions are not confidential or proprietary and Fresh has no obligation of confidentiality, express or implied, with respect thereto; (b) Fresh may have something similar to the User Contribution already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind from Fresh or any of its affiliates for such User Contribution under any circumstances unless you are otherwise notified by Fresh in writing to the contrary. By submitting or sending User Contribution to us, you: (i) represent and warrant that the User Contribution are original to you, that no other party has any rights thereto, and that any "moral rights" in the User Contributions have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such User Contributions (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for editorial, commercial, non-commercial, promotional or any other purpose. We cannot be responsible for maintaining any User Contributions that you provide to us, and we may delete or destroy any such User Contributions at any time. Any User Contributions will be deemed not to be confidential or secret, and may be used by us in any manner not inconsistent with these Terms of Use and the Website’s Privacy Policy.

2.8 Links To and From The Website

The Online Shop and its contents shall not be reproduced, either partially or entirely, transferred by electronic or conventional means, modified, linked or utilised in any way, without prior written consent from Fresh.

2.9 Public and Interactive Areas of Our Website; Ratings & Reviews; Guidelines

You represent and warrant that: (a) you have the legal capacity to contract (b) all User Contributions posted by you is original to you and that you are the sole author of such User Contributions, (c) no User Contribution infringes upon, violates or misappropriates a third party's intellectual property rights, (d) no User Contribution will be obscene, libelous, vulgar, offensive, malicious, discriminatory, defamatory or otherwise unlawful, (e) no other party has any rights to such User Contribution, (f) any "moral rights" in your User Contribution have been waived, (g) the User Contribution is not false, inaccurate or misleading in any manner, and (h) you are not being compensated in any manner for your User Contributions from any third party. You may not use our interactive services or any User Contribution to impersonate any person or entity, including, without limitation, any Fresh employee, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the interactive services to collect or store personal data about other users. You may not include references to other competitors, websites, addresses, email addresses, contact information or phone numbers.

When writing a review for the Ratings & Review, please consider the following guidelines:

• Focus on the product and your individual experience using it;
• Provide details about why you like or dislike a product; and
• All submitted reviews, comments and questions are subject to these Terms of Use and our Privacy Policy.

You grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export any such User Contribution, in whole or part, and/or to incorporate them in other works in any form, media, or technology now known or later developed for editorial, commercial, non-commercial, promotional or any other purpose.

2.11 Disclaimer of Warranties

The website, including, without limitation, all services, content, functions and materials, is provided "as is," "as available”, without warranty of any kind, either express or implied, including, without limitation, any warranty for uptime or uninterrupted access.

2.12 Termination

We may change, suspend or discontinue this Website at any time.

3. GENERAL TERMS

3.1 Liability

If we fail to comply with our commitments, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the sale.

We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not in any way exclude or limit our liability to a customer for:

- Death or personal injury caused by our negligence;

- Fraud or fraudulent misrepresentation;

- Any breach of the terms implied by the Consumer Protection Act 1999; or

For any matter which it is not permitted by law to limit or exclude, or attempt to limit or exclude, our liability.

3.2 Governing Law

These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed in accordance with the law of Malaysia, without giving effect to any principles of conflict of laws.

 

You agree that the courts of Malaysia shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.

3.3 Complaints

In the event that you have any questions or complaints regarding a product or service purchased from Fresh, please email our customer service enquiries.my@fresh.com

3.4 Miscellaneous; Severability

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

3.5 Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Sale and Purchase Agreement that is caused by an Event Outside Our Control.

An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an Event Outside Our Control takes place that affects the performance of our obligations under a Sale and Purchase Agreement:

• We will contact you as soon as reasonably possible to notify you; and
• Our obligations under a Sale and Purchase Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

3.6 Other Important Terms

We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

We may transfer our rights and obligations under a Sale and Purchase Agreement to another organisation, but this will not affect your rights or our obligations under these Terms of Use.

You may only transfer your rights or your obligations under these Terms of Use to another person if we agree in writing.

The Sale and Purchase Agreement is between you and us. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the substantive law of Malaysia, with the exclusion of its conflict of laws principles.