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Terms & Conditions

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE.
Welcome to our website, Kensapothecary. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. By accessing or using our website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these terms of use.
Disclaimer of Liability
Our endeavor is to keep the information on this site accurate and up-to-date. Our website contains general information and may include errors, omissions, inaccuracies and typographical errors. We assume no liability or responsibility for any such errors, omissions or inaccuracies or any other limitation that may arise on our website. We do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on our website, nor do we warrant that the use of this site will not be uninterrupted. We may make modifications and/or changes unto the website at any time without notice.

Copyrights
The information and content on our website shall not be used for any other purposes. The images, logos, documents and web pages on kensapothecary.com.my may not be reproduced, republished, retransmitted, sold, modified or exploited in any way without the prior written permission from us. In consideration of this grant of license, you agree that any printed copy of these documents and Web pages shall retain, without modification, all copyright, trademark and other proprietary notices contained thereon.

Trade marks
All brands, products and service names used in this Site are the trademarks, trade names or service marks of  Kensapothecary unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or service marks without the prior written permission of  Kensapothecary or the owner of such trademarks, trade names or service marks.

Privacy Statement
Kensapothecary is committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the provision that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by our Company will only be in connection with the provision of agreed services and products.

Indemnification
You agree to indemnify, defend, and hold harmless, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Links to Third Party Sites.
This Site may contain links to third party web sites. These linked sites are provided solely as a convenience to our visitors. Access to any other Internet site linked to this Site is at the user’s own risk, and we’ll not be responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Your linking to any other site is at your own risk. You should review the terms and conditions of use and privacy policies of all third party web pages and other websites that you visit.

Additional Terms
These Terms of Use constitute the entire agreement between Kensapothecary  and you with respect to your use of this site and supersedes all prior understandings between you and Kensapothecary  with respect to our website. Failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any of the Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof.

Product Informations
The products displayed on the Sites can be ordered and delivered only within West and East Malaysia. Products displayed on the Sites may be available in selected Kensapothecary  retail stores in Malaysia. All prices displayed on the Sites are quoted in Malaysian Ringgit (RM) and are valid and effective only in Malaysia. If any minor uses any goods or product from us, it should be only after the legal or parental guardian has discussed the product with the minor’s doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Kensapothecary.

Color Information
While we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

Severability; Interpretation
If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this agreement, the term “including” shall be deemed to be followed by the words “without limitation.”

Termination
We may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination.

Payment
Payment can be made by Visa, Visa Electron, MasterCard, American Express and any other methods which may be clearly advertised on the Site from time to time. We take all reasonable care to make our Site secure. All credit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered user, we will securely store your credit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
Debiting time of credit cards will be upon successful payment and accepting of your product order.
We will issue you an invoice upon successfully confirming payment of your goods. Shipment of said goods will be as per detailed on the ‘Shipping and Delivery’ page, which is the package will be sent out on the same day if orders are completed before 4pm. Orders after 4pm will be sent on the next day, except on Friday, when orders after 4pm will be sent the following Monday.
All enquiries via email will be actioned upon and responded to within 48 hours of receiving them.
Please remember to have a copy of your transaction ID, such as your order email in an easily accessible location, in the event of any shipping, payment or processing issues.

Applicable Law
These Terms are governed by and will be construed in accordance with the Malaysian law. Any disputes arising under or in connection with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the Malaysian Courts.

SHOPPING POLICY
Please read this document carefully as it contains the terms and conditions that you agree to be bound by if you continue to use Kensapothecary Online Shopping. The below terms and conditions (“the Conditions”) and the Terms of Use apply to your use of Kensapothecary Online Shopping and to any purchases you make through Kensapothecary Online Shopping.

In the event of any conflict between the Terms of Use and these Conditions, the latter shall prevail. These Conditions and the Terms of Use apply between you and Esplanade Avenue Sdn Bhd (“Kensapothecary”, “we” or “us”), whose registered office is at J-02-13A & J-02-15, No.2 Jalan Solaris, Solaris Mont Kiara 50480 KL. Please address any complaints, queries or correspondence regarding these Conditions or Kensapothecary Online Shopping, to the contacts as listed in our contact us page.

This site is operated by Esplanade Avenue Sdn Bhd (409649-T) from its registered address at J-02-13A & J-02-15, No.2 Jalan Solaris, Solaris Mont Kiara 50480 KL

Ordering Products
1.    Once you have selected the products you wish to order, click on the “Checkout” button at the end of the checkout process.
2.    Once you have clicked on the “Checkout” button, you have made a binding offer for the sale of goods. Your offer at this stage is still subject to our acceptance. In order that we may accept your offer, we obtain an authorization from your Credit card company for the amount detailed on the order summary page. We are not taking funds from your card at this stage, although the amount available for you to spend will be reduced by the authorisation. This is a normal process with the banks. If your credit card should not give an authorisation, your order will not be processed further.
3.    Kensapothecary will E-mail you to confirm your product order has been received.
4.    We are deemed to have accepted your offer, and a corresponding contract of sale for the products you have ordered is concluded between you and Kensapothecary only upon those products being dispatched to you, as detailed in the dispatch confirmation E-mail.

Kensapothecary may refuse or be unable to process your order if:
1.    The product you ordered is discontinued or no longer available.
2.    Your credit card does not give authorization for the payment of the purchase price.
3.    You do not meet the eligibility to order criteria set out above.

Order Cancellation

Before you place your order, you can view the contents and the total amount in your shopping basket. Once your order has been submitted successfully and payment is received for your purchase, the order will be “Sent to Warehouse,” entering the delivery process immediately. We advice that you carefully review and modify your order prior to payment submission.

Once your order has been “Sent to Warehouse,” it has entered the delivery process and no further changes can be made.

Damaged Or Faulty Products and Incorrect Goods Received
Quality Control tries to ensure that all products are of a high quality when they leave the warehouse. In the rare circumstance that your item has a defect, you may send it back to us with a completed Returns Slip attached within 48 hours upon receiving the item(s), and we will send you a replacement item. In case we are out of stock, Customer Service will contact you to issue store credit.

When exchanging faulty or incorrect goods are received we will arrange to collect your goods from you and courier replacement items to you free of charge

How To Exchange Your Goods
Email to sales@kensapothecary.com.my. You may contact Customer Care by phone 03-62030500 ext: 128, Monday-Friday (excluding Public Holidays and Weekends) between 10am – 5pm.

Please allow at least fourteen (14) working days (excluding Public Holidays and Weekends) for us to process your exchange.

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