Terms And Conditions For Online Purchase
In these Terms and Conditions, the “Company” will mean Leaflex Sdn Bhd and the “Customer” will mean any person, business, or organisation which places an order with the Company. By using the site or any part of it, you agree that you have read and understood these Terms and Conditions, and that you accept and agree to be bound by them.
Please read these Terms and Conditions carefully to ensure it is fully understood. Upon registration, click on the button marked “I Accept”, as confirmation of agreement to the Terms and Conditions. Refusal to accept will deem your ineligibility to purchase from this site.
1. The material provided on this website is protected by law. All content, graphics, code and software used on or incorporated into this website and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to the respective manufacturer and all rights thereto are specifically reserved. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the respective manufacturer. Permission is granted to display, copy, distribute and download the materials on this website for personal, non-commercial use only; provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without the respective manufacturer’s written permission, “mirror” any material contained on this Site on any other server. Any unauthorised use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You are also not allowed to use Modern Essentials logo, page headers, graphics, images and other content on this website, are subject to trade mark, service mark, copyright and or other proprietary or intellectual property rights or licenses held by us. Other trade marks, product names and company names or logos used on this website are the property of their respective owners. Except as expressly authorised, the use or misuse of any trademarks, trade names, logos, images, graphics or content from this website is strictly prohibited.
2. You agree that the Company reserves the right to amend these Terms and Conditions at any time, according to the Company’s sole discretion, by posting any such amendment(s) to the Company’s website without prior and separate notice.
3. Your continued use of the site or any part of it after amendment to these Terms and Conditions is posted will be deemed as full knowledge and acceptance of the revised Terms and Conditions. If you do not agree to any such amendment(s), your sole recourse shall be to cease using the site.
Price And Products
4. The Company shall make every effort to ensure that prices, details and sizes of products on this website are up to date. Prices are subject to change without prior notice and all orders are subject to Company’s acceptance at its sole discretion and stock availability.
5. The Company shall make every effort to ensure products displayed on the website are in stock. If from time to time products become out of stock, the Company reserves the right to offer alternative product/s to the Customer of similar value and range.
6. The prices charged are those applicable on the day you order.
7. All orders are subject to confirmation of final availability and the Company reserves the right to reject the order in the event that any of the products or services requested is unavailable. In the event that we are unable to fulfil any of the products or services in your order, we will notify you by phone and email.
8. All pictures and images of the products displayed on this site are for illustration purposes in order to help the customer to recognise the products only. The actual size, dimension and colour of the products may differ.
Registration And Account Security
9. Customer is required to register before placing any order through this website. During the registration:
- You must provide us with accurate, complete and up to date registration information;
- You must safeguard your username and password;
- You authorise us to assume that any person using the site with your username and password is either you or is authorised to act for you.
10. The Company has the absolute discretion to refuse registration of a potential customer and to terminate the registration of any customer for any reason whatsoever.
11. Customer must inform Modern Essentials’ via email at [email protected] immediately of any changes to the information that you provided so that we can communicate with you effectively.
12. Customer shall be liable for every order made under your login and agrees to indemnify the Company for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders through this website using your login.
13. Should you find any unauthorised use of your login, you shall notify the Company immediately and effectively.
14. Once you have selected a product that you wish to order at www.modern.my, you will then be shown (on the website) the charges you must pay including taxes, if applicable, and any applicable delivery charges.
15. Customer shall pay for the order in full through the website by credit card, debit card or any other payment accepted for purchases before the order can be processed.
16. We shall not be obliged to supply the product to you until we have accepted your order. An order shall be formed and we shall be legally bound to supply the product to you when we accept your order. Acceptance shall take place when we expressly accept your order by email to you, in the form of a document called a "Confirmation of Order" stating that we are accepting your order.
17. Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order.
18. The Company may cancel an order if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. Refund will be credited into Customer's credit card account depending on the period of time your financial institution required to arrange for the refund.
19. You are not allowed to cancel the order once a Confirmation of Order is issued. If you wish to seek further information or assistant, kindly contact email us.
Return / Refund
20. All products under personal care cannot be returned once opened. The seal must not be tampered with or broken in any way. Once goods are opened and seal is broken, they are considered sold.
21. If you discover an external defect or damage upon delivery, do lodge a complaint immediately by filling up the form found in Returns under the Customer Service section of this website, complete with pictures as evidence together with the invoice and we will advise you accordindly whether you need to return the item. Please DO NOT return the item until you hear from us.
22. Exchange of the product or refund for the product can be arranged for the following reasons:
- If the product has a defect / damaged at the time of delivery
- If the product delivered is different from the item ordered
23. We will inspect the returned product once it is safely received. If the conditions in article 21 and 22 are fulfilled, you are entitled to choose between an exchange of the product if the product is available in our stock, or for a refund to be made to you through the Customer’s payment account (credit card after 30 days from the approved return date).
24. Goods returned for a refund shall be refunded at the price paid at the point of ordering.
25. We accept payment by Visa and MasterCard. Modern Essentials shall not be liable for any credit card fraud. Please note that we do not receive cash on delivery.
26. All product prices listed are in Ringgit Malaysia (RM).
27. To provide secure online commerce transactions, we employ Internet's Secure Sockets Layer (SSL) technology. It encrypts your personal information, including credit card number, name and address, so that it would not be read as the information travels over the Internet. To check SSL Certificate information, you can right click the mouse and choose "Properties" & "Certificates".
28. The Company may from time to time set credit limits for individual customers and the Company reserves the right to limit sales including the right to decline sales to any customers.
29. Full payment in respect of an order must be made upon the placing of the order. If your payment cannot be processed, the order will be not be accepted and you are advised to contact your card issuer to resolve any problem concerning the use of your credit card in order to continue with the order.
30. We reserve the right to change the payment terms for any order without prior notice.
31. If payment for any order has already been made but the order is not accepted by us, you will be entitled to a refund, depending on the period of time your financial institution needs to arrange the refund. We shall not be liable with respect to any loss, damage, cost or expense that you or any person may incur as a result of any delay in your financial institution processing the said refund.
Shipping & Delivery
32. We shall deliver the products to the delivery address specified and keyed in by you on the order form. Your order will be delivered to you via the service of a courier service company appointed by Modern Essentials.
33. We aim to deliver within the time frame indicated below but we are not able to guarantee any firm delivery dates upon order and to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
34. On delivery of the product, you are required to sign for delivery as proof of receipt for having received the parcel. You shall examine the goods immediately upon collection for any defects and/or damages. All requests for returns or refunds are bound by policies stated under RETURN / REFUND.
35. Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for delivery to an alternative delivery address.
36. Delivery Charges will be calculated based on the weight of the order received. Please refer to the checkout details for delivery costs.
37. If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier. Charges will be borned solely by the customer.
38.If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
- charge you for our reasonable storage fee and other costs reasonably incurred by us; or
- no longer make the product available for delivery or collection and notify you that we are immediately cancelling the order, in which case we will not refund to you any money already paid to us under the order.
39. If you request for redelivery, we are entitled to charge for providing the service.
40. It is the responsibility of the customer to notify Modern Essentials immediately of any change to their delivery address.
41. We reserve the right to decline delivery of goods to any customer at our sole discretion absolutely.
42. We shall not be liable for any delay or failure in our performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond our control.
The data we collect using cookies helps us understand our customers better so that we can enhance user experience. Using the knowledge of your previous visits to our website, Modern Essentials can tailor our content to match your requirements and make your subsequent visits more enjoyable and time-saving.
45. These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes will be resolved exclusively only by the Courts of Malaysia.
46. By accessing and using www.modern.my, you acknowledge and accept that the use of the site is at your own risk. Subject to any rights you may have under any consumer protection law and to the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for lost profits or for loss of revenue arising out of any use of, access to, or inability to user the site. Without limiting the foregoing:
To the extent permitted by law, this site and all information and materials contained in it are provided “As Is” without any warranty of any kind either express or implied including but not limited to any implied warranties or implied terms as to title, quality, merchantability, fitness for purpose, privacy or non-infringement. We have no liability or responsibility for any errors or omissions in the contents of the site, to the extent permitted by law. We assume no responsibility and shall not be liable (to the extent permitted by law) for any damage or injury arising out of any use of or access to the site/catalogue, or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation loss of data or compatibility problems), theft, destruction or alteration of the site, whether for breach of contract, negligence or, under any other cause of action resulting directly or indirectly from any access or use of the site/catalogue, or any uploading, downloading or publication of data, text images or other material or information to or from the site.
47.We are committed to safeguarding your privacy and protecting your personal data by ensuring our policies and practices comply with the Personal Data Protection Act 2010 (the “Act”) under the laws of Malaysia.
Collection Of Personally Identifiable Information
Types Of Personally Identifiable Information Collected
50. At times, you may be asked to provide your personally identifiable information (“Personal Data”) including, but not limited to, your name, gender, age, telephone number, home address, email address, credit card information, bank account number, interests and favourite activities, etc. in order to enjoy the personalised service we offer. Specific purposes for which your Personal Data may be used are set out in our Personal Information Collection Statement under Personal Information Collection Statement below, including use of Personal Data for direct marketing.
51. All personal data you provide to us is secured on our website with restricted access by authorised personnel only. We maintain appropriate practices to safeguard your personal data provided to us against accidental, unlawful or unauthorised alteration, access, disclosure or use and other unlawful forms of processing. The website may contain hyperlinks to other websites provided by third parties. We do not control these third party websites or any of the content from those websites. Once you have left our website, we cannot be held responsible for your privacy protection. Exercise caution and learn the privacy statement for those websites.
53. You may also call the customercare hotline +603 79728983 (weekdays 9am to 6pm).
Personal Information Collection Statement ("PICS")
54.As a Modern Essentials customer, it will be necessary for you to provide us with your Personal Data when you apply for an account and / or subscribe with us for a service and / or product ("Services"). If your Personal Data is incomplete or incorrect, we may be unable to provide you the requested services.
55. Your Personal Data will be kept confidential at all times. Our policies and practices with respect to your Personal Data will be in accordance with the laws of Malaysia and are as set out in this PICS.
56. "Retail Goods or Services" in PICS encompasses sales of goods or services in www.modern.my.
57. "You agree that all Personal Data provided by you may be used and retained by us for the following purposes, as may be agreed between you and us, or required by law from time to time:
- providing the services;
- analysing, verifying and / or checking your credit, payment and / or status in relation to the provision of the services;
- processing any payment instructions, direct debit facilities and / or credit facilities requested by you;
- enabling the daily operation of your account and / or the collection of amounts outstanding in your account in relation to the services;
- carrying out data sorting and analysis to enable us to better understand your characteristics and buying behavior and to provide other services better tailored to your needs, and to assist us in selecting goods and services that are likely to be of interest to you;
- providing you with regular communications from us with details of the services and its benefits;
- the normal management, operation and maintenance of the performance of the services;
- research for service improvement, designing new, or improving existing services provided by us;
- investigation of complaints, and suspected suspicious transactions;
- prevention or detection of crime;
- disclosure as required by law;
- aggregated behavioral analysis.
58. We may disclose and transfer (whether in Malaysia or abroad) to our agents or contractors under a duty of confidentiality to us who provide administrative, data processing, research and marketing, distribution, telecommunications, professional or other similar services to us and to any of our actual or proposed assignees or transferees of our rights with respect to you in connection with a merger, sale or transfer (whether of assets or shares), to use, hold, process or retain such Personal Data for the purposes mentioned in paragraphs 57 on our behalf.
59. You have the right to:
- check whether we hold any of your Personal Data;
- access your Personal Data held by us;
- ask us to correct or update any Personal Data which is inaccurate;
- ascertain our policies and practices (from time to time) in relation to Personal Data;
- opt out from receiving direct marketing materials from us at any time;
- subject to paragraph 54 above, limit our processing of your Personal Data.
60.Any requests in relation to the above shall be in writing (sent by post or email) and addressed to: Email Address: [email protected]
61. In accordance with the Act, we have the right to charge you a reasonable fee for the processing of any Personal Data access request.