These terms and conditions (‘the Terms’) govern the users (‘you’ or ‘your’) use of the website https://cosmyths.store (‘the Website’) and your relationship with Cosmyths Pharmaceuticals Sdn Bhd (834787-T) whose registered office is at No.31, Jalan PP16/4, Alam Perdana Industrial Park, Taman Putra Perdana, 47130 Puchong Selangor (‘COSMYTHS’, ‘we’, or ‘us’);
Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.
By using the Website you agree to be bound by these Terms.
We reserve the right to:
update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such an announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
You warrant that:
the personal information which you are required to provide when you register is true, accurate, current, and complete in all respects; and you are not impersonating any other person or entity.
The products purchased on this site are for private and domestic use only and are not for resale. You will notify us immediately of any changes to the personal information by e-mailing our customer service representatives at firstname.lastname@example.org.
COSMYTHS is committed to protecting our customer’s privacy. Please take the time to review this notice which explains what information we collect about you, how we use it, and your rights. Cosmyths Pharmaceuticals Sdn Bhd (834787-T) (“COSMYTHS”, “we” or “us”) is the data controller of the personal data collected via or in connection with https://cosmyths.store and any associated App (the “Site”).
What personal data do we collect about you?
We collect personal data from you when you provide it to us directly and through your use of the Site. This information may include:
- Information you provide to us when you use our Site (e.g. your name, contact details, gender, product reviews, and any
the information which you add to your account profile);
- Transaction and billing information, if you make any purchases from us or using our Site (e.g. credit/debit card details
and delivery information);
- Records of your interactions with us (e.g. if you contact our customer service team, interact with us on social
- Information you provide us when you enter a competition or participate in a survey;
- Information is collected automatically, using cookies and other tracking technologies (e.g. which pages you viewed and whether you clicked on a link in one of our email updates). We may also collect information about the
device you use to access our Site; and
- Other information necessary to provide the Site, for example, we may access your location if you give us your consent.
If you also shop in one of our stores, we may combine information you give us in-store (e.g. if you make a purchase or join our mailing list in-store) with the information above.
What do we use this personal data for?
Depending on how you use our Site, your interactions with us, and the permissions you give us, the purposes for which we use your personal data include:
- To fulfill your order and maintain your online account.
- To personalise the Site to you and show you content we think you will be most interested in, based on your account information, your purchase history, and your browsing activity.
- To improve and maintain the Site, and monitor its usage.
- For market research, e.g. we may contact you for feedback about our products.
- To send you marketing messages and show you targeted advertising, where we have your consent or are otherwise permitted to do so.
- For security purposes, to investigate fraud, and where necessary to protect ourselves and third parties.
- To comply with our legal and regulatory obligations.
We rely on the following legal basis, under data protection law, to process your personal data:
- Because the processing is necessary to perform a contract with you, or take steps prior to entering into a contract with you (e.g. where you have made a purchase with us, we use your personal data to process the payment and fulfil your order).
- To manage and respond to any queries or complaints to our customer service team.
- Because we have obtained your consent (e.g. where you contact us with a query, where you add optional information to your account profile, or if you consent to receive marketing from us).
- Because it is in our legitimate interests as an e-commerce provider to maintain and promote our services. We are always seeking to understand more about our customers in order to offer the best products and customer experience. We use information about you to tailor your view of the Site, to make it more interesting and relevant in respect of the products and offers on view.
Our Site may allow you the option of adding additional information to your account profile, such as information about your body type, skin type, hair type, hair condition, training regime, performance goals, height and weight. We treat this information with particular sensitivity, as we understand it can reveal information about your health or ethnicity, for example. You do not have to provide this information to us, and can delete it or update it at any time.
We love to communicate with our customers and so, depending on your marketing preferences, we may use your personal data to send you marketing messages by email, phone or post. Some of these messages may be tailored to you, based on your previous browsing or purchase activity, and other information we hold about you.
If you no longer want to receive marketing communications from us (or would like to opt back in!), you can change your preferences at any time by contacting us (details below), clicking on the ‘unsubscribe’ link in any email, or updating your settings in your account. If you unsubscribe from marketing, please note we may still contact you with service messages from time to time (e.g. order and delivery confirmations, and information about your legal rights).
You may also see ads for our Site on third-party websites, including on social media. These ads may be tailored to you using cookies (which track your web activity, so enable us to serve ads to customers who have visited our Site). Where you see an ad on social media, this may be because we have engaged the social network to show ads to our customers, or users who match the demographic profile of our customers. In some cases, this may involve sharing your email address with the social network. If you no longer want to see tailored ads you can change your cookie and privacy settings on your browser and these third-party websites.
Who do we share this personal data with?
We share customers’ personal data with third parties in the following circumstances:
- With other companies in our group of companies, as necessary to operate the Site.
- With our suppliers and service providers working for us, e.g. payment processors and delivery companies.
- With our professional and legal advisors.
- With third parties engaged in fraud prevention and detection.
- With law enforcement or other governmental authorities, e.g. to report a fraud or in response to a lawful request.
- Otherwise where we have your consent or are otherwise legally permitted to do so.
Storage and Retention
We use service providers based around the world. Consequently, your personal data may be processed in countries outside of Malaysia, including in countries where you may have fewer legal rights in respect of your data than you do under local law. If we transfer personal data outside of Malaysia we will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate
safeguards. Please contact us if you would like more information about these safeguards.
We will keep your personal data for as long as we need it for the purposes set out above, and so this period will vary depending on your interactions with us. For example, where you have made a purchase with us, we will keep a record of your purchase for the period necessary for invoicing, tax, and warranty purposes. We may also keep a record of correspondence with you (for example if you have made a complaint about a product) for as long as is necessary to protect us from a legal claim. Where we no longer have a need to keep your information, we will delete it. Please note that where you unsubscribe from our marketing communications, we will keep a record of your email address to ensure we do not send you marketing emails in the future.
This Site ensures that data is encrypted when leaving the Site. This process involves the converting of information or data into a code to prevent unauthorised access. This Site follows this process and employs secure methods to ensure the protection of all credit and debit card transactions. Encryption methods such as SSL are utilised to protect customer data when in transit to and from this Site over a secure communications channel.
Whilst we do everything within our power to ensure that personal data is protected at all times from our Site, we cannot guarantee the security and integrity of the information that has been transmitted to our Site.
Our Site is not intended for, and should not be used by, children under the age of 18. We do not knowingly collect personal data from children under 18.
You have certain rights in respect of your personal data, including the right to access, portability, correct, and request the erasure of your personal data.
You also have the right to object to your personal data being used for certain purposes, including sending you marketing. See ‘Marketing’ above, for more details on how to opt out of marketing.
We will comply with any requests to exercise your rights in accordance with applicable law. Please be aware, however, that there are a number of limitations to these rights, and there may be circumstances where we are not able to comply with your request. To make any requests regarding your personal data, or if you have any questions or concerns regarding your personal data, you should contact us using the details below. You are also entitled to contact your local supervisory authority for data protection.
Address: No.31, Jalan PP16/4, Alam Perdana Industrial Park, Taman Putra Perdana, 47130 Puchong Selangor
5. Protecting Your Security
To ensure that your credit, debit, or charge card is not being used without your consent, we will validate your name, address, and other personal information supplied by you during the order process against appropriate third-party databases.
We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed, and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act.
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:
any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character
You agree to fully indemnify, defend and hold us, and our officers, directors, employees, and suppliers, harmless immediately on demand, from and against all claims, losses, costs, and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
8. Third-Party Links
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card, or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the latter.
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 liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
10. Cancellation Rights
Where you have purchased the goods or services as a consumer (i.e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within 14 days from the day on which you acquire physical possession of the goods.
If you wish to cancel a contract pursuant to this clause, then please see our Returns Policy for further details on how.
11. Price and Payment
All prices shown on the Site are in Malaysia Ringgit and are inclusive of SST but do not include any applicable shipping or delivery fees. We reserve the right, however, to change prices at any time without notice to you. 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.
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 Sites 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 COSMYTHS 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.
12. Eligibility to Purchase
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website you must:
if an individual, be 18 years of age or over; and register your real name, address, phone number, e-mail address any other details requested.
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (including updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
13. Intellectual Property
The content of the Website is protected by copyright, trademarks, database, and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
14. Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in these Terms:
affect or limit your rights as a consumer under Malaysian law, or will exclude or limit our liability for death or personal injury resulting from our negligence.
The Website is provided on an ‘as is and ‘as available basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that the material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
incompatibility of the Website with any of your equipment, software, or telecommunications links;
technical problems including errors or interruptions of the Website;
unsuitability, unreliability, or inaccuracy of the Website; and
failure of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
17. Entire Agreement
These Terms form the entire basis of any agreement reached between you and us.
18. Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Malaysia.
19. All Competitions
We reserve the right to amend these Terms from time to time.
These rules will be deemed incorporated into each competition except to the extent that any specific instruction in a competition provides otherwise.
By entering the competition entrants will be deemed to have read and understood these Terms and be bound by them. All of our decisions will be final and binding and no correspondence will be entered into.
Any person who is an employee or an immediate family member of an employee of COSMYTHS PHARMACEUTICALS SDN BHD (834787-T) or any other person who is directly connected with the organisation of any particular competition is ineligible to participate.
Competitions are only open to residents of the Malaysia.
All entrants are to be aged 18 or over unless any other age restriction is specified or implied. Entrants should, if under 18, obtain permission in advance from their parent or guardian.
All entries must be received by the closing date specified in the competition. Answers will be entered upon submission. No responsibility will be taken for any answers that are misdirected, lost for technical or other reasons or received after the closing date.
We reserve the absolute right to disqualify without notice any entries to any competition which we consider to have used improper technical means to enter and/or we believe is fraudulent.
Entrants are liable for their costs to access computer networks.
We will not be liable for or accept any responsibility for: (i) any failure by the winner or any entrant to comply with these terms and conditions; (ii) any disruption, delay, or misdirection of entries; or (iii) any server, system or network failures, malfunctioning or inaccessibility.
We shall be the promoter of all competitions subject to these terms and conditions unless stated otherwise.
If for any reason an advertised prize is unavailable we reserve the right at our absolute discretion to substitute a similar prize of equivalent or greater value.
There will be no cash or other alternative to the prize offered and prizes are not transferable.
The winner’s name will be selected in a random draw, after the closing date, from all correct answers received.
The winner of a prize will be notified within 28 days after the winner has been ascertained.
Please allow 28 days for delivery of all prizes.
If the winner of the competition is unable to take up a prize for any reason or if the winner cannot be notified after reasonable efforts having been made then we may dispose of the prize as we think fit without any liability to the winner for having done so.
For each competition, only one prize will be awarded per entrant/email address. Names of winners will be available on request.
Prizes Involving Travel: (a) Travel arrangements are the responsibility of prize winners unless otherwise stated; (b) we reserve the right to require written permission from the parent or guardian of any winner who is under the age of 16 and to require such a winner to choose as a companion someone 18 or over.
Competition prizes/tickets may be restricted to certain times of the year and unless otherwise stated all prizes must be taken within six months of the date of the competition draw.
Where prizes are to be provided by a third party then the winner will be required to complete all appropriate or applicable booking or other formalities direct with such providers. We will have no responsibility for the acts/defaults of any other persons or companies.
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant COSMYTHS and its sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to COSMYTHS, including the execution of deeds and documents, at the request of COSMYTHS.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to COSMYTHS:
The content and material are accurate;
Use of the content and material you supply does not breach any applicable COSMYTHS guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify COSMYTHS for all claims brought by a third party against COSMYTHS arising out of or in connection with a breach of any of these warranties.
Winners of the review competition will be notified by email. Failure to respond to our notification email within 20 days will result in the prize being forfeit.
21. Gift With Products Promotions
21.1 Where we are offering a free gift with a product, we shall only provide one free gift per transaction (irrespective of how many products are purchased). The free gift is subject to availability and we reserve the right to change the free gift for a gift of equivalent value.
21.2 In order for us to facilitate the provision of a free gift, it may be necessary for us to include the free gift on our site at a nominal value. For the avoidance of doubt, you are not entitled to ‘purchase’ the free gift without purchasing the product it is provided free with and any attempt to ‘purchase’ the free gift will be cancelled (notwithstanding any automated communication you may receive acknowledging your order). In the unlikely event that the free gift is despatched to you, you shall be obliged to return the free gift upon written request.