Terms and Conditions
The present General Terms and Conditions (hereinafter referred to as “GTC”) lay down the rights and obligations of Contracting Parties regarding the use of Dermacol Online Store at wwwdermacolmalaysia.com
GTC form an integral part of the purchase contract concluded by and between Dermacol, as the Seller, and the Customer as the Buyer when products are sold via Dermacol Online Store at wwwdermacolmalaysia.com The purchase contract is concluded in the English language.
Seller and Dermacol Online Store operator
The Seller and operator of Dermacol Online Store at wwwdermacolmalaysia.com (hereinafter referred to as “Dermacol Online Store”) is Dermacol, (hereinafter referred to as the “Seller”).
Trade name: Dermacol
Registered office: 613A, Suite 8.04-8.10, Level 8, Pavilion Kuala Lumpur, Jalan Bukit Bintang, 55100
Postal address: 613A, Suite 8.04-8.10, Level 8, Pavilion Kuala Lumpur, Jalan Bukit Bintang, 55100
Telephone: +420 232 23 23 23
The Customer is the user of Dermacol Online Store who is a consumer or a trader. The consumer is a natural person not acting within its own trade or other business activities or within its independent practice when concluding a purchase contract (hereinafter referred to as the “Consumer”).
- All orders submitted via Dermacol Online Store are binding. By submitting an order the Customer confirms that it has read and agrees with the present Terms and Conditions as well as the Complaints Handling Procedure and the Incentive Programme Rules.
- In case of Customer-Consumer, the purchase contract shall be concluded by the Customer’s submitting of an order and the Seller’s receipt of the order. The Seller shall promptly confirm the receipt of the order to the Buyer by an informative e-mail sent to the e-mail address specified by the Customer.
- The purchase contract (including the agreed price) may be amended or cancelled only by agreement of both Contracting Parties or on legal grounds.
- In case of Customer-Entrepreneur, the submitted order for goods shall be deemed a proposal to conclude a purchase contract and the purchase contract shall be concluded by delivery of a binding confirmation of the order by the Seller to the Customer-Entrepreneur.
- The online order is valid subject to the completion of all data and essentials stipulated in the form.
- In case of Customer-Consumer, the place of delivery shall be the address specified by the Customer on the order form.
- The title to the goods shall be passed to the Customer upon the takeover of the goods and payment of the purchase price.
- By completing the registration form or a binding order via Dermacol Online Store the Customer gives the Seller its consent to the collection and archiving of personal data regarding the Customer and its purchases within the meaning of Section F – Personal Data Protection.
- The Customer shall receive an informative e-mail sent to the e-mail address it specified, confirming the receipt and submitting of the order.
- Prices and Discounts – All prices in Dermacol Online Store are final prices including VAT. All prices including promotional prices and offers are valid until further notice or until stocks are exhausted. The Seller shall ensure the published offer is up-to-date without undue delay. Discounts in special offers and possible personal discounts cannot be combined or added to other types of discounts unless specified otherwise.
- Order cancellation – The Customer can cancel its order by e-mail or phone within 24 hours from the creation of the order. The Customer must specify the order number and its contact details. The Customer shall receive an informative e-mail to the address it specified on the registration form or on the order form, confirming the cancellation of the order.
- The Seller is entitled to withdraw from the purchase contract within 24 hours from the delivery of the Customer-Consumer’s order / confirmation of the Customer-Entrepreneur’s order under the following circumstances:
- the ordered goods are not in stock, are no longer manufactured or are not available for another reason,
- the manufacturer has dramatically increased the price of the ordered goods which are not in stock at the supplier,
- the ordered goods – the same type, model – have long been subject to complaints due to defects.
- The costs of communication means (internet, telephone, etc.) necessary to submit the order shall be at a normal rate, entirely dependent on the rates of telecommunication services used by the Customer.
The Customer shall be informed on the postage amount when creating the order in the online store.
The Customer acknowledges that:
- The ordered goods will be delivered by the logistics partner.
- The ordered goods will be dispatched usually within 2 working days following the receipt of the order or following the receipt of the payment (in case of payment by bank transfer and by payment card via the Internet) if the goods are in stock. The Seller shall always inform the Customer by e-mail that the goods have been sent. If the ordered goods are not in stock, the Seller shall contact the Customer by e-mail and suggest next steps, e.g. other supplies, extended delivery term. In such a case the Customer is also entitled to withdraw from the contract. In exceptional situations the delivery term may be extended and the Customers shall be informed on such a case when creating their order.
- The Customer is not entitled to request forwarding (the so-called reshipment) of a dispatched parcel to another address.
- Transport, delivery method, delivery notice method, date and place of takeover of the shipment shall be in accordance with the terms and conditions of courier companies.
- Refused or undeliverable shipment is returned to the Seller within 7 working days following the first attempt to deliver it to the Customer. If the Customer does not take the shipment over at the address it specified and the shipment is returned to the Seller, the Seller is entitled to withdraw from the contract. In such a case the Seller is entitled to set off the amount of costs paid by the Customer for the delivery of the goods unilaterally in order to cover damages the Seller incurred due to the Customer’s failure to comply with its obligation to take the goods over (without prejudice to the Seller’s right to claim damages incurred by the Seller in excess of the amount of delivery costs). Subject to the consent of the Customer, the Seller shall redeliver the goods to the Customer; however, it shall do so at the expense of the Customer and following the payment of such costs. The same applies if the first attempt to deliver the goods was not paid by the Customer (free delivery bonus, etc.).
- Payment card – the Customer shall pay the purchase price by a VISA, VISA Electron, Maestro or MasterCard payment card. When accepting payment cards the company uses the 3D-Secure solution. When the payment is made, the goods are usually dispatched within 2 (two) working days (if in stock).
- Possible complaints shall be handled in compliance with the Complaints Handling Procedure of Dermacol Online Store and the Malaysian legislation.
- Complaints regarding the goods can be submitted to the Seller in compliance with the provisions of the Complaints Handling Procedure mentioned below.
- The goods are covered by a warranty period relevant to the nature of the goods. The warranty period is specified on the packaging of the product. If the warranty period is not specified on the packaging of the product, it shall be 24 months.
- The Customer acknowledges that with respect to the nature of the sold goods (cosmetic products), the goods must be stored at 5–25°C.
- In case of Customer-Consumer, complaints shall be governed by Act No 89/2012 Coll., Civil Code, and in addition to that by Act No. 634/1992 Coll., on Consumer Protection, having regard on the clarification in the Complaints Handling Procedure.
Dermacol processes personal data of all its customers in compliance with applicable law, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC and Act No 480/2004 Coll., on certain information society services, as amended. More information on personal data processing and protection can be found here.