Terms & Conditions
1 THESE TERMS
1.1 www.totalwisewellness.com (“Website”) is an online wellness store (“Seller”) that allows users to buy wellness products (“Products”) from the Website. These terms and conditions govern your use of our Website. Users who browse or purchase from the Website are (“Buyer”/“Buyers”).
1.2 Please read this Terms and Conditions, carefully before you use our Website . These terms tell you who we are, the conditions on which you may be a Buyer on our Website, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.3 By using our Website, or by registering for an account on our Website, you agree to these terms.
1.4 You must comply with all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Website.
1.5 Seller may amend these terms from time to time without any notifications. By continuing to use the Website after the changes come into effect means that Buyers agreed to be bound by the revised policy.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are TotalWise Wellness (Company No.: 003011967-X), a company registered in Malaysia. Our registered address is at CH-G-02, Kelana Mahkota Condo, No. 2, Jalan SS 7/19, 47301 Petaling Jaya, Selangor Malaysia.
2.2 For any questions or problems relating to the Website, the Products sold on the Website or these terms, Buyers can contact Seller by emailing Seller at [email protected].
2.4 If Seller has to contact Buyers, Seller will do so by call or by writing to Buyers at the email address Buyers provided to Seller.
2.5 When Seller uses the words "writing" or "written" in these terms, this includes emails.
3 TERMS AND CONDITIONS FOR PURCHASE
3.1 When purchasing a Product, Buyers agree to comply with Seller’s applicable rules and policies from time to time in force. Buyers are responsible for reading the full listing before committing to buy any Products.
3.2 Any order placed in respect of a Product is deemed irrevocable and unconditional. In placing an order Buyers agree to the terms set out for the Product.
3.3 Buyers enter a legally binding contract to buy a Product when Buyers commit to buy a Product, or when Buyers’ order for a Product is accepted.
4 SELLER'S RIGHTS TO CANCEL AN ORDER
4.1 Seller may cancel an order for a Product at any time by writing to a Buyer if:
(a) the Products purchased by Buyers is out of stock; or
(b) the payment made by Buyers is rejected by the bank or payment gateway company.
4.2 If the Seller cancels an order in the situations set out in Clause 4.1 above, the Seller will refund any money the Buyers have paid in advance for Products that have not been provided, but the Seller may deduct or charge reasonable compensation for the net costs the Seller will incur as a result of the Buyers breaking the order.
4.3 If the Seller cancels an order in the situations set out in Clause 4.1(a), the Buyer is allowed to transfer the amount of money paid in advance for Products that have not been provided, Buyers allow to purchase some other Products with equivalent value exclude delivery fees. The Products must be those available from the Website.
5 PRICE AND PAYMENT
5.1 The price of the Products, the delivery fees, and the applicable taxes shall be as indicated on the order pages when a Buyer places the order.
5.2 It is always possible that, despite best efforts by the Seller, some Products may be incorrectly priced on the Website. If the correct price for the Product at a Buyer's order date is less than the price stated to the Buyer, the Seller will charge the higher amount; if it's higher than the price stated to the Buyer, the Seller will contact the Buyer for instructions before accepting the Buyer's order.
5.3 Seller accepts payment by credit cards and supported e-wallets.
5.4 A Buyer must pay for the Products when checking out an order.
6 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
6.1 Seller shall not be liable to Buyers (whether in contract, order or otherwise) for any damages, loss of profit, or any indirect or consequential loss arising from or in connection with the provision of the Products;
7 USE OF BUYER PERSONAL INFORMATION
8.1 Certain features and services on the Website are only available for Buyers who have registered for an account. In registering for an account on the Website, Buyers must provide truthful, accurate and up-to-date information about themselves. Buyers should choose a strong and secure password. Buyers must keep the password secure and confidential.
8.2 Buyers agree not to share Buyers’ account credentials or give others access to Buyers’ account. If and when Seller detect that an account is shared by multiple Buyers, Seller may treat this as a security breach and suspend or terminate Buyers’ account.
8.3 Seller has the right to disable any password, whether chosen by Buyers or allocated by Seller, at any time, if in Seller reasonable opinion Buyers are in breach of these terms.
8.4 Buyers are responsible for all actions or activities that happens by, through or under Buyers’ account, unless Buyers report misuse.
9 BUYERS REPRESENTATIONS
9.1 Seller’s Website is not intended for and may not be used by minors. By using the Website, Buyers represent that Buyers are an adult, must be over 18 years of age and that Buyers are able to legally enter into contractual agreements.
9.2 If Buyers are using the Website on behalf of an entity, by using the Website Buyers represent that you have the necessary rights and authority to agree to these terms on behalf of that entity.
10 SELLER IS NOT RESPONSIBLE FOR WEBSITES WE LINK TO
10.1 Where Seller’s Website contains links to other sites and resources provided by third parties, these links are provided for Buyers information only. Such links should not be interpreted as approval by Seller of those linked Websites or information you may obtain from them.
10.2 Seller has no control over the contents of those sites or resources.
11 DELIVERY TERMS
11.1 Seller shall use reasonable endeavors to deliver Products to the delivery address specified and keyed in by the Buyers but Seller cannot guarantee any firm delivery time and shall not be liable for any delay in its delivery services, if the delay has been occured, it could be due to causes beyond the control of the Seller.
11.2 Buyers’ Order will be delivered to Buyers via the service of a courier service company of Seller’s choice. For order placed before 12 noon, please allow two to five (2-5) working days for processing from date of Seller’s confirmation of acceptance of an Order otherwise notified by Seller. Please note that Seller will not accept delivery to a P.O. Box address and it might not be possible for delivery to some locations within the aforesaid areas in certain circumstances. If delivery to some locations is not possible, Seller may contact Buyer to arrange for delivery to an alternative address.
11.3 No delivery services shall be available on Sunday and public holidays.
11.4 Buyers are to notify Seller immediately of a change to Buyers’ delivery address and contact number.
11.5 Where Buyers are not available to receive the delivery, the courier service company shall attempt to contact the Buyers for a second delivery. If Buyers are still not reachable at second attempt, the courier service company shall notify the Buyers to collect the parcel from the nearest collection branch. If delivery is delayed due to the Buyers’ undue delay or unreasonable refusal to accept delivery or if the Buyers fail or refuse to collect the Products within seven (7) days from the date of second notification, the Order will be deemed void and has no further effect but the Buyers shall bear all the relevant cost incurred by Seller (including but not limited to the delivery cost and administrative charges).
11.6 If the Buyers are not personally available to accept delivery, a representative may accept delivery on behalf of the Buyers provided always that the said representative must be over 18 years of age and capable of receiving the delivery. The Buyers or their representative may be required to produce proof of identity on delivery or collection of Products.
11.7 Seller reserves the right to withhold delivery of the Products to the Buyers if it has any doubts whatsoever as to the Buyers’ credit worthiness or insufficient identification.
12 REFUND & EXCHANGE TERM
12.1 Products sold are not refundable or exchange
13 ENTIRE AGREEMENT
13.1 These terms constitute the entire agreement between any Buyers and Seller in relation to the use of the Website. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any Buyers and Seller, whether written or oral, in relation to the use of the Website.
13.2 Buyers acknowledge that Buyers will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
14 GOVERNING LAW AND JURISDICTION
14.1 These terms are governed by and shall be construed in accordance with the laws of Malaysia.
14.2 The courts of Malaysia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.