TERMS & CONDITIONS

CUSTOMER TERMS AND CONDITIONS

The terms and conditions herein (“Terms and Conditions”) is the agreement that defines the rights, duties and responsibilities of MARCLOIS SDN. BHD. and a Customer in relation to the sale and purchase of any Product on the Site. By speaking to our Personal MARCLOIS SDN. BHD., registering an Account or placing an Order with MARCLOIS SDN. BHD. or using any facilities made available by MARCLOIS SDN. BHD. in relation to the purchase of any Product on THE SITE, Customers and any other users of THE SITE are deemed to have read and accepted and agreed to be bound by this Terms and Conditions.


This Terms and Conditions shall be read together with all the information made available to a Customer when placing and confirming an Order including without limitation a) The Privacy Notice on the use of personal information; b) The Terms of Use for THE SITE; and c) Such other information as may be provided to a Customer by MARCLOIS SDN. BHD., save that in the event of any conflict, the Terms and Conditions herein shall apply.

MARCLOIS SDN. BHD. reserves the right to change, modify, add, or remove portions of this Terms and Conditions and the information provided to a Customer including the use of THE SITE at any time. Changes will be effective after they are posted on the SITE or notified by MARCLOIS SDN. BHD.. The continued use of THE SITE following such changes to this Terms and Conditions is deemed to constitute the Customer’s acceptance of those changes.


Definitions:
“Account” means a one-time registration account created for a Customer via a MARCLOIS SDN. BHD. containing the information of the Customer including without limitation name, address, identification number (NRIC/Mykad/), telephone number and/or such other information as may be requested by MARCLOIS SDN. BHD. for purposes of registration.
“MARCLOIS SDN. BHD.” or “We” or “Us” means MARCLOIS SDN. BHD. (Company Number 202101000110, 1400408-M) a company in Malaysia and having its address at MARCLOIS SDN. BHD. Level 28, The Gardens South Tower, Mid Valley City, Lingkaran Syed Putra, 59200 Kuala Lumpur, Malaysia.
“Business Day (s)” means a day (s) on which commercial banks are open for business in Kuala Lumpur / Selangor (other than Saturdays, Sundays and public holidays).
“Customer/Customers” or “You/Your” means the person who places an Order and purchases a Product from THE SITE.
“Order” means any order submitted or placed by a Customer to MARCLOIS SDN. BHD. online on the SITE or via call-in on MARCLOIS SDN. BHD. number to purchase a Product from THE SITE.
“Product/Products” means any products/merchandise/services/offers/display items that are uploaded /showcased/displayed on THE SITE.
“THE SITE” means the online shopping platform www.vosevianne.com and/or any mobile applications/mobile interfaces applications/ apps and the services provided by MARCLOIS SDN. BHD. which provides a venue/platform to the users of THE SITE to purchase the Products uploaded, showcased and displayed on THE SITE.
“Terms and Conditions” means the terms and conditions as detailed herein including all schedules, appendices, annexures, and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.
“Terms of Use” means the terms and conditions in relation to the use of THE SITE which is provided therein.

GENERAL TERMS OF ORDERING

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a) To place an Order with MARCLOIS SDN. BHD., a Customer must be over 18 years of age at the time of placing such Order failing which MARCLOIS SDN. BHD. has the right to cancel any Orders placed.

b) Any Order placed by a Customer shall include the following information:
• Product name and specifics (colour, size, etc.).
• Payment method.
• Delivery address.

c) A Customer’s successful Order will be confirmed to the Customer via Short Messaging Service (SMS) or Email notification containing a summary of the Order details.

d) MARCLOIS SDN. BHD. reserves the right to accept, refuse, cancel or reject any Order at any time or under any circumstances including where an Order cannot be processed for various reasons. You may be asked to provide additional verifications or information before an Order is accepted.

e) Notwithstanding the aforesaid, non-acceptance of an Order by MARCLOIS SDN. BHD. may be a result of, without limitation, any one of the following:
• The Product that you have ordered is unavailable or out of stock;
• MARCLOIS SDN. BHD. is unable to obtain authorisation for your payment;
• The identification of a pricing or product description error;
• If there is false, omitted, erroneous information in registration of the Customer’s Account;
• If a Customer is found to be under the age of 18 years;
• If MARCLOIS SDN. BHD. believes that it is not technically able to fulfil the Order (including delivery).

f) Any changes or cancellation by a Customer of any Order shall be notified to MARCLOIS SDN. BHD.’s provided that any Order that has been delivered or pending delivery may not be cancelled but instead the Product must be returned to MARCLOIS SDN. BHD. in accordance with the terms on Returns and Refunds herein.

g) All prices stated on THE SITE shall be the price of Products and MARCLOIS SDN. BHD.shall have the absolute discretion to determine the price of the Products at any time including without limitation any promotional price. All prices, unless indicated otherwise, are in Ringgit Malaysia and MARCLOIS SDN. BHD.reserves the right to enhance the currency offerings or limit the currency offerings at any time without notice. Prices shall be subject to changes as may be determined by MARCLOIS SDN. BHD. from time to time without notice.

h) The price for the Products includes relevant goods and services tax unless otherwise determined by MARCLOIS SDN. BHD. MARCLOIS SDN. BHD. shall be entitled to charge delivery and installation charges. MARCLOIS SDN. BHD. is determined to provide the most accurate pricing information on THE SITE but in some cases errors may still occur, such as in cases when the price of an item is not displayed correctly on THE SITE. In the event that an item is mispriced, MARCLOIS SDN. BHD. may, at its own discretion, either contact you for instructions or cancel your Order.

PRODUCTS DESCRIPTION & AVAILABILITY

a) Subject to the provisions on warranties in Section 7 below, while all images, photographs or videos of the Products presented, showcased, displayed, broadcasted and available on THE SITE are for illustrative purposes only, MARCLOIS SDN. BHD. will attempt to ensure that all description of the Products shown on THE SITE are as accurate as possible. Although MARCLOIS SDN. BHD. has taken reasonable care to present the description of the Products accurately, the actual Products delivered may vary slightly from those shown on THE SITE due to reasons including without limitation any web image quality, broadcast quality, packaging, redesign and improvements.
b) The availability of the Products presented on THE SITE depends on availability of stock and MARCLOIS SDN. BHD. does not guarantee the availability of the Products. In order to ensure that Products are available to all Customers, MARCLOIS SDN. BHD. has the right to set maximum limits in advance for the purchase of individual items by a single Customer. If the Products requested by the Customer are unavailable or out of stock, MARCLOIS SDN. BHD. shall make every effort to offer a substitute item which is closest in terms of price and type to the originally requested item and in this connection, MARCLOIS SDN. BHD. shall not be held liable in any manner whatsoever to the Customer. MARCLOIS SDN. BHD. shall also be entitled to carry out special promotions which offer free gifts or promotional items at its sole discretion from time to time subject to such terms as may be decided by MARCLOIS SDN. BHD.

TERMS OF PAYMENT

a) MARCLOIS SDN. BHD. reserves the rights to set the rules and policies regarding the payment methods and to make the necessary changes from time to time. The payment for Products purchased from THE SITE by any Customer may be made via any of the following methods (collectively “Payment Methods”):
i) Credit Card, Debit Card
MARCLOIS SDN. BHD. accepts all VISA, MASTERCARD and AMERICAN EXPRESS credit and debit cards issued in Malaysia. However, no payments will be processed for a non-card holder and Customers shall comply with such terms and conditions as may be imposed by the issuing financial institution or bank. If a credit card or debit card payment is rejected or declined for any reason, MARCLOIS SDN. BHD. reserves its rights under this Terms and Conditions to reject the relevant Order either in whole or in part.

b) All successful payments made by a Customer via credit card or debit card will be confirmed online. A copy of the said sales invoice will also be provided to the Customer upon delivery of the Product.

c) In the event MARCLOIS SDN. BHD. shall discover any fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with any payment made by any Customer in relation to any Product then MARCLOIS SDN. BHD. shall be entitled to without limitation to any rights of MARCLOIS SDN. BHD. herein, require a different means of payment from the Customer, or to reject an Order and/or close a Customer’s Account.

 

DELIVERY

a) MARCLOIS SDN. BHD. is entitled at its sole discretion at any time from time to time to appoint any third party (“delivery provider” which definition may include any Product supplier or its authorised personnel ) to deliver a Product to a Customer without giving notice of the same to the Customer.

b) The Customer shall notify MARCLOIS SDN. BHD.'s Personal if he/she intends to authorise a third party to receive delivery of the Product ordered and shall if requested by MARCLOIS SDN. BHD. or the delivery provider, provide an authorisation letter to the delivery provider at the point of delivery for identification and verification purposes.

c) Subject to the terms herein, delivery of the Products shall only be available to designated areas in Malaysia (which may be revised from time to time by MARCLOIS SDN. BHD.) (“Designated delivery areas”) and to the address specified by the Customer in an Order, provided that such address falls within the Designated delivery areas. Customers are advised to check at the point of placing an Order on the Designated delivery areas and MARCLOIS SDN. BHD. shall be entitled to reject any delivery which is not within the Designated delivery areas.

d) Customers may request for a specific delivery date and time at the time of placing an Order subject to the operating hours and schedule of the delivery provider. The operating hours of the delivery provider is within 10.00 am to 5.00 pm on a Business Day (“Delivery Hours”) subject to any revision as shall be determined by MARCLOIS SDN. BHD. Any request for deliveries after the Delivery Hours is subject to the discretion of MARCLOIS SDN. BHD. and additional charges may apply. Customers are advised to confirm on the delivery time and date upon placing an Order.

e) Subject to the terms herein, any Order placed before 3.00pm on a delivery provider Business Day will be subject to the following delivery periods (which may be revised by MARCLOIS SDN. BHD. from time to time):

i) For deliveries within West Malaysia, Products will be delivered within 2-7 Business Days.
ii) For deliveries to and within East Malaysia, Products will be delivered within 3-7 Business Days.

Orders made after 3.00pm shall be considered as Orders which are placed on the following Business Day.

f) MARCLOIS SDN. BHD. will inform the Customer if it is unable to meet an estimated delivery date or time. In the event a Customer is not present at the address upon delivery then attempts will be made to fulfil the delivery and the Customer shall inform MARCLOIS SDN. BHD. to re-schedule the delivery. If the Customer fails to take delivery of any Product after the third attempt for delivery for any reason (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of MARCLOIS SDN. BHD.’s fault) then without prejudice to any other right or remedy available to MARCLOIS SDN. BHD., MARCLOIS SDN. BHD. may cancel the Order and refund any payment made by the Customer back to the Customer.

g) Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the Products at the time when MARCLOIS SDN. BHD. or the delivery provider has tendered delivery of the Products. Notwithstanding delivery and the passing of risk in the Products, the property in the Products shall not pass to the Customer until MARCLOIS SDN. BHD. has received payment in full of the price of the Products in an Order. To the extent permitted by law, MARCLOIS SDN. BHD. shall not be liable to any Customer for any losses, liabilities, costs, damages, charges or upon passing of risk to the Customer.

RETURNS  / EXCHANGE / REFUNDS / CANCELLATION

a) During any introductory period as determined by MARCLOIS SDN. BHD. at its sole discretion (“Introductory Period”):

i) A Customer may exchange a Product and/or return any Product to obtain a refund of the purchase price of a Product free from any charges SAVE AND EXCEPT, if the original bottle is broken.

ii) A Customer’s request for exchanges and/or returns of any Product shall be made no later than SEVEN (7) days from the first date of Customer receive of the Product.

iii) Returns of Products shall include any free gifts or promotional items, etc that are associated with such Product.

iv) During the Returns Period, all exchanges or returns of any Product are collected or re-delivered by MARCLOIS SDN. BHD.’s delivery provider free of charge.
c) For avoidance of doubt, MARCLOIS SDN. BHD. shall have the absolute discretion to decide on what Products that may be exchanged or returned. Customers are advised to check online at THE SITE

d) After the Returns Period and subject to the terms contained herein, no requests for exchange or returns are allowed.

e) Subject to Sections 6(a) to (d) above, a Customer is entitled to cancel an Order and request for a full refund of the Product price paid by Customer. Customers are advised to contact any Personal v for details of such refund. Depending on the method of payment, refunds shall also subject to the terms imposed by the issuing bank.