Last Updated: 27 May 2020
These are the terms of use and sale (the “Terms”) for your use of the sites
owned, controlled and managed by Sephora Digital SEA Pte Ltd and Beauty In
Motion Sdn Bhd (collectively “Sephora”), including www.sephora.my (the “Sites”). We may
add additional sites from time to time as we expand our beauty offerings
and these Terms will govern those new sites when added.
You may be accessing our Sites from a computer or a mobile device (e.g.
through the Sephora mobile application). These Terms govern your use of our
Sites and your conduct, regardless of the means of access. You may be using
our interactive services (“Interactive Services”), such as our Ratings
& Reviews (the “RR Service”) and any services which Sephora may
introduce from time to time. These Terms shall govern your use of the
interactive services. This shopping platform is not for shoppers resident
in the European Union.
We may engage with you on third party sites including social media webpages
where we post content or invite your feedback, such as
http://www.facebook.com/sephoramalaysia, http://instagram.com/sephoramy,
https://twitter.com/sephora_msia
(“Social Sites”). Our Terms and other areas of our Sites provide guidelines
(“Guidelines”) and rules and regulations (“Rules”) in connection with our
Social Sites and Interactive Services. Sephora does not control those
Social Sites and these Terms do not apply to companies that Sephora does
not own or control, or to the actions of people that Sephora does not
employ or manage. You should always check the terms of use posted on Social
Sites.
We request that you read these Terms and our Privacy Policy carefully
before accessing or using our Sites, or purchasing any products on the
Sites. If you have any questions in relation to browsing and shopping
online with Sephora, please refer to our Frequently Asked Questions
(“FAQ”) or contact us.
By using the Sites, you agree to these Terms, and the provisions of our
Privacy Policy, FAQ, Guidelines and Rules. Sephora reserves the right to
change or modify any of the terms and conditions contained in these Terms,
our FAQ, Guidelines and Rules from time to time at any time by giving you
notice via our Sites. Any changes or modifications to these Terms, our FAQ,
Guidelines or Rules will be posted on the Sites and will take effect 14
days after such posting. The Terms that will apply to any orders placed on
our Sites are the Terms that apply at the time you place the order. Your
continued use of the Sites following posting of any changes or
modifications constitutes your acceptance of such changes or modifications.
If you do not agree with the terms of Sephora or its changes or
modifications, you must immediately cease using the Sites. For this reason,
you should frequently review these Terms of Use, our FAQ, Guidelines and
Rules and any other applicable policies, including their dates, to
understand the terms and conditions that apply to your use of the Sites.
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INTELLECTUAL PROPERTY
1.1 You may use the Sites only in the manner permitted by these Terms.
1.2 All intellectual property rights (including, without limitation,
copyright, trademarks, patents, design rights, and all other forms of
intellectual property rights existing in the world) in the Sites are owned
by or licensed to Sephora and its affiliates. Nothing in this Term
constitutes a transfer of any intellectual property rights.
1.3 Permission is granted to electronically copy and to print the terms or
content of the Sites purely for personal use and for the sole purpose of
placing an order with Sephora, using the Interactive Services or using the
Sites as a shopping resource. Any other use of materials on the Sites
including reproduction for purposes other than those permitted above,
modification, distribution, republishing, transmission, display or
performance without the prior written permission of Sephora is strictly
prohibited.
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ELIGIBILITY
2.1 To be able to make purchases through our Sites, you will be required to
provide us with your personal details. In particular, you will be required
to provide us with your name, postal address, e-mail address and/or other
contact details as indicated.
2.2 The information or personal details that you provide us shall be
processed in accordance with our Privacy Policy in the context of your
order. When you use our Sites, you agree to the processing of your
information and details, and you confirm that all information and details
provided by you are true and accurate. Furthermore, when you place an order
on our Sites, you confirm that you are over the age of 18 years and are
legally eligible to enter into binding contracts. If you are under 18 years
of age, you may only place an order with the consent of your parent or
guardian. If you do not have consent from your parent or guardian, you must
stop using the Sites.
2.3 Please note that if you do not provide us with all the information we
need, you cannot place or process your order.
2.4 Given the popularity of our products, purchase of products on our Sites
is limited to 6 per item or variant so that as many customers as possible
may enjoy our merchandise. The products, including any samples, are for
your personal and non-commercial use only. You may not sell or resell any
products which you purchase or otherwise receive from Sephora.
2.5 You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, commercially exploit, create derivative works
from, transfer or sell any content, software, products or services
contained within, on or via the Sites. You may not use the Sites (and any
goods or services purchased on or via the Sites), or any of its content, to
further any commercial purpose, including, without limitation, any
commercial activity on your own website, auction sites, group buying sites,
social media sites or otherwise.
2.6 You agree and undertake that you shall not:
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access or use the Sites or any Interactive Services for any illegal
purpose or in violation on any applicable laws. You agree that you
shall access and use the Sites or any Interactive Services in good
faith;
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attempt to gain unauthorized access to or otherwise interfere or
disrupt other computer systems or networks connected to the Sites
or the Interactive Services; or
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interfere with another user’s utilization and enjoyment of the
Sites or the Interactive Services.
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PRODUCT INFORMATION
3.1 All material and information relating to products presented by Sephora
on the Sites is intended to be used for personal educational or
informational purposes only. The statements made about the products have
not been evaluated by the National Pharmaceutical Regulatory Agency or any
other regulator, and the results reported, if any, may not necessarily have
the same results on all individuals.
3.2 If any minor uses any products or goods purchased through the Site, it
should be only after the parent or legal guardian has discussed the product
with the minor.
3.3 The product statements are not intended to diagnose, treat, cure or
prevent any condition or disease. References 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 Sephora. Product claims or
descriptions on this website have been provided to us by relevant brand
owners or pursuant to customers review and Sephora has not independently
verified such claims or descriptions.
3.4 All products should be used strictly in accordance with their
instructions, precautions and guidelines. You should always check the
ingredients for products to avoid potential allergic reactions.
3.5 Use of our Sites is not meant to serve as a substitute for professional
medical advice; these Sites are solely online stores for specialty beauty
products. Please consult with your own physician or health care
practitioner regarding the use of any goods, products or information
received from the Sites before using or relying on them. Your physician or
health care practitioner should address any and all medical questions,
concerns and decisions regarding the possible treatment of any medical
condition. Sephora does not give or intend to give any answers to medical
related questions and these Sites do not replace any medical professional
or medical resource. Sephora does not represent itself as a physician nor
is this implied. No prescription medications or medical treatments are
intentionally provided on the Sites. If you are in need of medical
attention, call emergency services or your physician immediately.
3.6 While Sephora has tried to accurately display the colours of products,
the actual colours you see will depend on your display monitor or screen
and may not be accurately rendered.
3.7 While we try to provide an accurate description of the products, we do
not warrant that the descriptions, colours, information, pricing,
promotions or other content available on the Sites is accurate, current or
free from error. Sephora may correct any errors, inaccuracies or omissions
and to change or update information or cancel orders if any information on
the Sites is inaccurate at any time without prior notice, including after
you have submitted your order.
3.8 In the event that the product you receive is defective or incorrect,
Clause 8 (Returns, Exchanges and Refunds) of these Terms shall apply.
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CONTRACT FORMALISATION
4.1 The information set out in these Terms and the details on the Sites do
not constitute an offer for sale, but rather an invitation to treat. Your
order constitutes your offer to us to purchase one or more items from us.
No contract in respect of any products shall exist between Sephora and you
until your order has been accepted by us, evidenced by your receipt of a
Shipping Confirmation e-mail from us. This is irrespective of whether or
not funds have been deducted from your account. Please note that if we do
not accept your offer or are unable to proceed with the transaction and
funds have already been deducted, they will be fully refunded via the
payment method used by you.
4.2 If you wish to place an order with us, you must follow the online purchasing procedure. Once
you have added the products you wish to purchase to your bag on the Sites,
click on “Secure Checkout” and provide the necessary details (as indicated)
to us to submit your order. Once you have done so, you will receive an
email from Sephora notifying you of our receipt of your order (“Order
Confirmation”). Please note that this does not mean that your order has
been accepted.
4.3 All orders are subject to acceptance by us, and we will confirm such
acceptance to you by sending you an e-mail that confirms that the item has
been dispatched (“Shipping Confirmation”). The contract for the sale and
purchase of an item between you and Sephora (“Contract”) will only be
formed when we send you the Shipping Confirmation. The Contract will relate
only to those items whose dispatch we have confirmed in the Shipping
Confirmation. We will not be obliged to supply any other products which may
have been part of your order until the dispatch of those items has been
confirmed in a separate Shipping Confirmation. These Terms, the Rules,
Guidelines and our Privacy Policy form a part of the Contract.
4.4 Any typographical, clerical or other error or omission in any
acceptance, invoice or other document on our part shall be subject to
correction without any liability on our part.
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PRICE AND PAYMENT
5.1 Prices shown on the Sites are in Malaysian Ringgit (RM) and are
inclusive of GST, but do not include any applicable shipping or delivery
fees. Delivery fees will be charged where applicable and will be included
in the order total upon checkout. Prices or shipping are subject to change
effective immediately upon posting of such price changes to the Sites or
other form of notification.
5.2 The price of products will be as stipulated at all times on our Sites,
except in the case of an obvious error. Although we make every effort to
ensure that the prices featured on the website are correct, error may
occur. If we discover an error in the price of any of the products that you
have ordered, we will notify you as soon as possible and give you the
option of confirming your order at the correct price. If Sephora is unable
to contact you, your order may be cancelled and the amount paid by you will
be refunded in full via the original payment method you used.
5.3 You may pay for your purchases using a credit card (including, but not limited to, Visa, Mastercard or American Express), PayPal or online bank transfer (where applicable). Credit card payments are subject to verification and authorization by the card issuer. If the issuer does not authorize payment, Sephora shall not be liable for any delay or failure to deliver and we will be unable to conclude any Contract with you.
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DELIVERY
6.1 The products displayed on the Sites can be ordered and delivered within
Malaysia only. Please refer to our FAQ if you need more information
on the various delivery options that Sephora offers.
6.2 Subject to the availability of the products you have ordered, Sephora
will endeavor to deliver the order consisting of the product(s) listed in
each Shipping Confirmation by the date indicated in the Shipping
Confirmation in question or, if no delivery date is specified, in the
estimated timeframe indicated when selecting the delivery method.
6.3 Nevertheless, you may occasionally experience delays in delivery for
reasons such as a high volume of orders being received by Sephora during
sale periods, holidays or the occurrence of unforeseen circumstances.
6.4 If we are unable to comply with the delivery date for any reason
whatsoever, we will inform you and we will give you the option to continue
with the purchase and establish a new delivery date. Please note that in
any case, our couriers do not deliver on Saturdays, Sundays or bank
holidays.
6.5 For the purpose of these Terms, a “delivery” shall be understood to
have taken place or the order deemed “delivered” as soon as you or a third
party indicated by you acquires physical possession of the products, which
will be evidenced by the signing of the receipt of the order at your chosen
delivery address.
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INABILITY TO DELIVER
7.1 There is no re-delivery fee. If we attempt to deliver your order, but you are not present to receive it, our courier partner will contact you to arrange a re-delivery at a suitable time. If our partners are unable to reach you after multiple attempts, your package will be returned to Sephora’s warehouse.
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RETURNS, EXCHANGES AND REFUNDS
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All returns must be done in accordance with the instructions set
out in our FAQ.
8.2 For defective and incorrect items, there is no time cap as to when the
defective or incorrect items must be returned however the return is subject
to the conditions listed in our FAQ.
8.3 If you have made an incorrect purchase or have changed your mind after
receiving the items, received an item as a gift or purchased an item online
that you wish to exchange, the item must be returned subject to the
conditions listed in our FAQ.
8.4 For products that meet our stated return conditions, you can choose for
the product to be exchanged or for a refund via Sephora Gift card, via
original credit card or cash (for in-store purchases only).
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TITLE AND RISK
9.1 Risk of damage to or loss of the products shall pass to you at the time
of delivery, or, if you wrongfully fail to take delivery of the products,
at the time when Sephora has tendered delivery of the products.
9.2 Notwithstanding delivery and the passing of risk in the products or any
other terms in these Terms, the property in the products shall not pass to
you until Sephora has received in cash or cleared funds payment in full.
9.3 Until such time as the property in the products passes to you (and
provided the products are still in existence), Sephora shall be entitled at
any time to demand you to deliver the products to Sephora and in the event
of non-compliance, Sephora reserves its right to take legal action against
you for the delivery of the products and also reserves its right to seek
damages and all other costs related to the recovery.
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YOUR USE OF CONTENT ON THE SITES
10.1 Sephora provides the Sites and the Interactive Services and all other
applications and services on the Sites as a forum only. To the fullest
extent permitted by law, Sephora is not and shall not be liable for any
statements, representations, or Content provided by its users in any public
forum on the Sites or any Social Sites, including without limitation
through the Interactive Services. Any Content, if displayed, is displayed
for entertainment and informational purposes only.
10.2 More generally, Content posted via or on the Sites or any Social Sites
including through the Interactive Services, is not controlled by Sephora.
We cannot guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Interactive Services, Sephora shall not be
liable for any such Content.
10.3 To the maximum extent permitted by law, Sephora will not be liable in
any way for any Content, including, but not limited to, for (i) any errors
or omissions in any Content; or (ii) any loss or damage (including, without
limitation, personal injury or property damage) of any kind incurred as a
result of any Content posted, emailed or otherwise transmitted via or to
the Sites, Social Sites or through the Interactive Services.
10.4 You may access the Content and any other content on the Sites only as
permitted under these Terms and the Privacy Policy and you agree to not
engage in the use, copying or distribution of any of the Content other than
as expressly provided herein.
10.5 You agree not to circumvent, disable or otherwise interfere with
security-related features of the Site or features that prevent or restrict
use of any Content or enforce limitations on use of the Site or the
Content. You may not interfere with or disrupt the Sites, or servers or
networks connected to the Sites, or disobey any requirements, procedures,
policies or regulations of networks connected to the Sites, including by
using any device, software or routine to bypass robot exclusion headers.
Sephora reserves all rights not expressly granted in and to the Content.
When using the Interactive Services, you may not disrupt the normal flow of
dialogue, cause a screen to scroll faster than other users are able to
type, or otherwise act in a manner that negatively affects other users’
ability to engage in real time exchanges.
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YOUR CONTENT SUBMISSIONS
11.1 You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through our Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, “Content”). We will not accept Content from you unless you are a registered user of the Sites. By submitting Content to Sephora, you represent and warrant that:
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you understand you are participating in a public forum and that your Content will be available to all other users of the Sites, the Interactive Services and potentially Social Sites;
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you are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize Sephora to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms);
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all “moral rights” that you may have in such Content have been voluntarily waived by you and you do not require that any Personal Data be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto; and
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You understand that your Content may be utilized and distributed by Sephora in its marketing materials, including but not limited to, on the Sites, in Sephora emails, on social channels, and in store materials.
11.2 You also represent and warrant that any Content you submit:
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is not false, inaccurate or misleading;
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does not harm minors;
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does not infringe any copyright, patent, trademark, trade secret or
other proprietary rights or rights of publicity or privacy of any
person or entity;
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does not violate any obligations you may have with respect to such
Content under any law or under contractual or fiduciary
relationships (such as, but not limited to, insider information,
proprietary and confidential information learned or disclosed as
part of employment relationships or under non-disclosure
agreements);
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does not violate any law, statute, ordinance or regulation
(including, but not limited to, those governing export control,
consumer protection, unfair competition, anti-discrimination or
false advertising);
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is not, or would not reasonably be considered to be, unlawful,
harmful, defamatory, libelous, vulgar, obscene, invasive of
another’s privacy, hateful, racially or religiously biased or
offensive, abusive, tortious, threatening or harassing to any
individual, partnership or corporation;
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is not submitted for compensation or other consideration from any
third party;
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does not include any information that references other websites,
addresses, e-mail addresses, contact information or phone numbers;
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complies in all respects with these Terms, our Privacy Policy and
all Guidelines and Rules;
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will not expose Sephora to any civil or criminal proceedings in any
part of the world;
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may be used by Sephora for the purposes and in the manner set out
in Clause 11.5 and will not require further licenses from, or
infringe any intellectual property or other rights of, any third
party;
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is not unsolicited or unauthorized advertising, promotional
materials, junk mail, spam, chain letters, pyramid schemes, or any
other form of solicitation; and
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does not contain any computer viruses, worms or other potentially
damaging computer programs or files.
11.3 Sephora does not endorse any Content or any opinion, recommendation or
advice expressed therein, and Sephora disclaims all liability with respect
to the Content. Content including reviews featured on the Sites are from
Sephora’s global client database.
11.4 If your Content includes ideas, suggestions, documents or proposals to
Sephora through the Interactive Services:
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such Content is not confidential or proprietary and Sephora has no
obligation of confidentiality, express or implied, with respect
thereto;
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Sephora may have something similar to that Content already under
consideration or development; and
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you are not entitled to compensation, payment or reimbursement of
any kind for such Content from Sephora under any circumstances
unless you are otherwise notified by Sephora in writing.
11.5 For any Content that you submit, you grant Sephora and its affiliates
and related entities a worldwide, perpetual, irrevocable, royalty-free,
sub-licensable and transferable right and license to use, reproduce,
communicate, distribute, copy, modify, delete in its entirety, edit, adapt,
publish, translate, publicly display, publicly perform, use, create
derivative works from and/or sell and/or distribute such Content and/or
incorporate such Content into any form, medium or technology whether now or
hereafter known throughout the world without compensation to you. This
license will survive the termination of these Terms and your use of the
Sites.
11.6 All Content that you submit is not confidential and may be used at
Sephora’s discretion. Sephora may or may not pre-screen Content. However,
Sephora and its designees will have the right (but not the obligation) in
their discretion to pre-screen, change, condense or delete any Content on
the Sites. In particular, Sephora and its designees will have the right to
remove any Content that Sephora deems, in its discretion, to violate the
Guidelines, or any other provision of these Terms or is otherwise
objectionable.
11.7 Ratings, written comments, questions and answers are generally posted
within 2 to 4 business days. However, Sephora reserves the right to remove
or to refuse to post any submission for any reason. You acknowledge that
you, not Sephora, are responsible for the contents of any Content you
submit. None of the Content that you submit shall be subject to any
obligation of confidence on the part of Sephora, its agents, subsidiaries,
affiliates, partners or third-party service providers and their respective
directors, officers and employees.
11.8 You agree that Sephora may in its sole discretion and without notice
remove, withdraw or discard any Content for any reason, including without
limitation where Sephora has determined that any Content has violated or is
inconsistent with the Terms.
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YOUR ACCOUNT
12.1 You must be at least 18 years of age to become a registered Beauty
Pass member. You may make a purchase through our Sites without creating a
Beauty Pass account, however, you may not have access to certain services
including the Interactive Services without a Beauty Pass account. For more
details on Beauty Pass, please refer to our Beauty Pass terms and conditions and FAQ.
12.2 You agree that you shall only submit or provide any information which
is accurate and true, and that you will keep the information provided
up-to-date. Further, you agree that you shall not misuse the Sites by
creating multiple Beauty Pass membership accounts.
12.3 On registration for Beauty Pass membership at our Site, you will need
a password for your account. You are responsible for ensuring your account
details including your password remain confidential, current, complete and
accurate. You are responsible for all activities that occur under your
account and/or password (authorised or not) as if such activities were
carried out by you. You shall notify Sephora immediately if you become
aware of or have reason for suspecting that the confidentiality of your
account details including your password has been compromised or if there
has been any unauthorised use of your account or if your personal
information requires updating.
12.4 You may store your credit card information as part of your account in
order to enable faster checkout processes. The collection and handling of
this information is governed by our Privacy Policy.
12.5 If you access and use the Sites on behalf of another person, you
represent that you have the authority to bind that person as the principal
to these Terms. To the extent that you do not have such authority, you
agree to be bound to these Terms and you accept liability for harm caused
by any wrongful use of the Sites or Content.
12.6 Sephora reserves the right to suspend or terminate your account
without prior notice for any reason including if these Terms are violated
or if it is in Sephora’s best interests to do so.
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GUIDELINES FOR INTERACTIVE SERVICES
13.1 We want to know what you think of the products you have tried, bought,
know and love and we encourage you to use our Interactive Services. When
writing a review for the RR Service, please consider the following
guidelines:
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focus on the product and your individual experience using it;
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provide details about why you like or dislike a product;
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all submitted reviews, comments and questions are read by our
moderators and approval of your review is subject to these Terms.
13.2 You may not use our Interactive Services to impersonate any person or
entity, including, without limitation, any Sephora official or employee, 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.
13.3 As noted above and in Clause 11, Sephora reserves the right to refuse
posting a review, or to withdraw a posted review for any reason including
if it violates the Rules, Guidelines or the provisions of these Terms
regarding submission of Content generally.
13.4 Reviewers must be age 18 years or older at the time of reviewing. If you are under 18 years of age, you may only write a review with the consent of your parent or guardian. Submitted reviews are read by our moderators and are subject to the terms set forth in these Terms. We reserve the right not to post your review or to withdraw any posted review for any reason. Some reviews may get flagged, reviewed, and then later removed by our moderation team after previously appearing on the Sites. Your review may be excluded if it violates review guidelines or contains any of the following types of content:
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Inappropriate comments (aggressive, threatening, trolling, etc.), profanities, discriminatory language or hate speech, or other language not suitable for the public;
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Evidence of potential danger, injury, violence or death
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Third party URLs (Sephora URLs are OK) and Personal Data (including but not limited to phone numbers, addresses, email addresses, etc.);
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Advertisements, "spam" content, references to other products, offers, or websites;
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Any content or materials which you do not own or for which you have not secured all necessary rights;
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Critical comments about other reviews posted on the page or their authors;
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Discussion of medical conditions or claims of medical effectiveness outside of the stated product benefits; and
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A review that does not apply to the actual product (e.g. customer service experience).
13.5 In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery, or other customer service issues including issues with your ratings and reviews, please contact us directly by visiting https://www.sephora.my/contact-us. Please do not submit this feedback through a product review. Otherwise, feel free to review as many products as you wish following the guidelines above!
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THIRD PARTY CONTENT AND THIRD PARTY WEBSITES
14.1 Sephora may provide content of third parties (“Third Party Content”)
including links to the Social Sites and other third-party websites
(collectively, “Third Party Websites”) as a service to those interested in
this information. Sephora does not monitor, approve or have any control
over any Social Sites or Third Party Content and the inclusion of Third
Party Content including the Third Party Websites does not imply any
association or relationship between Sephora and such third party.
14.2 Sephora does not guarantee, endorse or adopt the accuracy or
completeness of any Third Party Content or any Third Party Websites.
Sephora is not responsible for updating or reviewing Third Party Content or
Third Party Websites. You use Third Party Content and Third Party Websites
at your own risk. You acknowledge and agree that Sephora is not responsible
or liable for any content, advertising, products, or other materials on or
available from any Third Party Websites or the availability of any content
on the linked sites. You further acknowledge and agree that Sephora shall
not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through any
Third Party Websites. Third Party Content, including comments from third
party users submitted to Sephora through the Interactive Services, do not
necessarily reflect the views of Sephora.
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MOBILE SERVICES
15.1 Please be aware that when you access the Sites through a mobile device
(e.g. via the Sephora mobile application), your carrier’s normal rates and
fees such as text messaging fees or data charges will apply.
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RESERVATION OF RIGHTS
16.1 Sephora reserves the right to modify, discontinue or disable the Sites
or any part of the Sites at any time, either on a permanent or temporary
basis.
16.2 Sephora reserves the right, at any time, without notice and in its
discretion, to terminate, suspend or restrict your use of the Interactive
Services and the Sites and to block or prevent your future access to and
use of the Interactive Services and the Sites.
16.3 All provisions of these Terms that expressly survive termination or
that by their nature are intended to survive such termination (including
disclaimers and limitations of liability, all disclaimers of
representations, warranties and conditions, and all statements recognizing
Sephora and third party intellectual property rights) shall survive such
termination.
16.4 Sephora may access, preserve and disclose your account information and
Content, including if required to do so by law or in a good faith belief
that such access, preservation or disclosure is reasonably necessary to:
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comply with legal process;
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enforce these Terms;
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respond to claims that any Content violates the rights of third
parties;
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respond to your requests for customer service or otherwise
communicate with you;
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verify and process your personal or payment particulars; or
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protect the rights, property or personal safety of Sephora (and its
employees), its users and the public.
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DISCLAIMER AND LIMITATION OF LIABILITY
17.1 To the extent permitted by law, Sephora is providing the Sites, their
Contents and the Interactive Services on an as-is basis and makes no
representations, conditions or warranties of any kind, express or implied,
with respect to the operation of the Sites or Interactive Services, the
information, content, materials or products, included on the Sites or as
part of the Interactive Services. You should not act on any data or
information posted on the Sites or Interactive Services without first
independently verifying its contents.
17.2 Without prejudice to the generality of Clause 17.1, Sephora does not
make any representation or warranty:
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regarding the accuracy, timeliness, adequacy, commercial value or
completeness of all data and/or information contained in the Sites
or the Interactive Services;
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regarding the security of any information transmitted by you or to
you through the Sites or Interactive Services;
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that Site or the Interactive Services will be provided
uninterrupted, secure or free from errors or omissions; or
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that the Sites or Interactive Services are or will be free from any
computer virus, worms or other potentially malicious, destructive
or corrupting computer program or file.
17.3 To the extent permitted by law, Sephora will not be liable for any
damages of any kind arising out of or in connection with the use of the
Sites or the Interactive Services. This is a comprehensive limitation of
liability that applies to all damages of any kind, including but not
limited to direct, indirect, incidental, punitive or consequential damages,
loss of data, income or profit, loss of or damage to property and claims of
third parties.
17.4 Sephora will not be liable for any claim arising out of your incorrect
or improper use of any or any goods, products or services offered by or
purchased through the Sites, including use that does not comply with any
product instructions or that would be otherwise unexpected or unreasonable.
17.5 To the maximum extent permitted by law, and subject to applicable
consumer protection provisions, Sephora is not liable for claims arising
from your use of non-Sephora branded products. This will not limit any
claim you may have against the product manufacturer under consumer
protection laws.
17.6 Notwithstanding anything in these Terms, certain legislation,
including the Malaysia Sale of Goods Act, may impose consumer guarantees or
imply warranties or conditions or impose obligations upon Sephora which
cannot be excluded, restricted or modified except to a limited extent. Such
legislation may, for example, impose non-excludable guarantees that goods
are of acceptable quality or that services will be rendered with due care
and skill (with certain remedies available to consumers for certain
breaches of such guarantees). To the extent that such legislation applies,
these Terms must be read subject to these statutory provisions and nothing
in these Terms is intended to alter or restrict the operation of such
provisions.
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INDEMNIFICATION
18.1 You agree to defend, indemnify and hold harmless Sephora (and its
officers, directors, agents, subsidiaries, joint ventures, employees and
third-party service providers), from all claims, demands, losses,
liabilities, costs, expenses, obligations and damages of every kind,
including reasonable legal fees, arising out of:
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your use of and access to the Sites and the Interactive Services;
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your violation of any term of these Terms;
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a breach of your representations and warranties set forth above
regarding Content;
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your violation of any law or the rights of a third party
(including, without limitation, any copyright, property or privacy
right); or
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any claim that any Content you submitted caused damage to a third
party.
This indemnification obligation will survive the termination of these Terms
and your use of the Sites and the Interactive Services.
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FORCE MAJEURE
19.1 Transmissions over the Internet and electronic mail may be subject to
interruption, blackout or delays due to internet traffic, or incorrect data
transmission due to the public nature of the Internet. We will not be
liable for any non-compliance or delay in compliance with any of the
obligations we assume under a Contract when caused by events that are
beyond our reasonable control (“Force Majeure Events”).
19.2 Force Majeure Events shall include any act, event, failure to
exercise, omission or accident that is beyond our reasonable control,
including, among others, the following:
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strike, lockout or other forms of protest;
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civil unrest, revolt, invasion, terrorist attack or terrorist
threat, war (declared or not) or threat or preparation for war;
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fire, explosion, storm, flood, earthquake, collapse, epidemic or
any other natural disaster;
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inability to use trains, ships, aircraft, motorized transport,
logistics delivery or other means of transport, public or private;
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inability to use public or private telecommunications systems;
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acts, decrees, legislation, regulations or restrictions of any
government or public authority; or
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failure or accident in maritime or river transport, postal
transport or other type of transport.
19.3 It shall be understood that our obligations deriving from Contracts
are suspended during the period in which a Force Majeure Event remains in
effect and we may require an extension of the period to fulfill these
obligations.
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ENQUIRIES
20.1 The enquiries that you send to us must be sent preferably through our Contact Form. We shall be
deemed to have received such enquiry only upon receipt.
20.2 We may send you a response either by e-mail or notifications to the
postal address you provided us when placing the order. For email
notifications, you shall be deemed to have received the notice on the date
of e-mail transmission. For notifications by post, you shall be deemed to
have received the notice on the date the notification is posted.
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PRIVACY
21.1 By submitting your email address in connection with your account, you agree that Sephora and its third-party service providers may use your email address to contact you about your Sephora account or Content you have submitted to the Sites, including the Community, or for other administrative purposes and for any other purpose permitted or required by law. Sephora's Privacy Policy provides further detail on the manner in which Sephora may collect and use Personal Data about you, including any information you supply in connection with your use of these Sites and participation in the Community.
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WAIVER
22.1 Sephora’s failure to enforce these Terms shall not constitute a waiver
of these Terms, and such failure shall not affect the right later to
enforce these Terms. We would still be entitled to our rights and seek
remedies in any other situation where you breach these Terms.
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SEVERABILITY
23.1 If at any time any clause or provision of these Terms shall be or
shall become illegal, invalid or unenforceable in any respect, it shall be
severed or modified to the extent necessary to make it valid, legal and
enforceable. If such modification is not possible, the relevant clause or
provision shall be deemed deleted. The legality, validity and
enforceability of the remaining provisions of these Terms shall not be
affected or impaired by any such modification or severance, and shall
continue in force as if such illegal, invalid or unenforceable clause or
provision was severed from these Terms.
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ENTIRE AGREEMENT
24.1 These Terms and Privacy Policy, read with the Contract constitutes the
entire agreement between Sephora and you, and supersedes and extinguishes
all previous agreements, promises, assurances, warranties, representations
and undertakings between you and us, whether written or oral, relating to
this subject matter.
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RIGHTS OF THIRD PARTIES
25.1 A person or entity who is not a party to these Terms shall have no
right under the Malaysia Contracts (Rights of Third Parties) Act or any
similar legislation in any jurisdiction to enforce any of these Terms.
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FRAUD PROTECTION PROGRAM
26.1 As part of our order processing procedures, we screen all received
orders for fraud or other types of unauthorized or illegal activity. We
reserve the right to refuse to process an order due to suspected fraud or
unauthorized or illegal activity. If such is the case, we may reject your
order or our Customer Service department may call you at the phone number
you provided or contact you via your e-mail address to confirm your order.
We also reserve the right to cancel any accounts or refuse to ship to
certain addresses due to suspected fraud or unauthorized or illegal
activity. We take these measures to protect our customers as well as
ourselves from fraud or other unauthorized or illegal activity.
26.2 Sephora reserves the right to conduct transaction verification
processes, decline or cancel your order, reduce the quantity of your order
and/or terminate your account without prior notice if these Terms are
violated. You may receive a callback or email from our Customer Service
conducting transaction verification related to an order.
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GOVERNING LAW
27.1 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.
27.2 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.
