TERMS OF USE

INTRODUCTION

1.1 Welcome to the eberlin.my website and/or the eberlin.my mobile app (the “Platform”). These Terms of Use govern your access and use of the Platform and the use of any services, information and functions made available by us at the Platform (“Services”). Before using this Platform or the Services, you must read carefully and accept these Terms of Use and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services (collectively referred to as “www.eberlin.my Terms and Conditions”) and you must consent to the processing of your personal data as described in the Privacy Policy set out at https://eberlin.my/privacy-policy/. By accessing the Platform and/or using the Services, you agree to be bound by eberlin.my Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to eberlin.my Terms and Conditions and the Privacy Policy, do not access and/or use this Platform and/or the Services.

1.2 The Terms of Use stated herein constitute a legal agreement between you and H & M Aesthetics Sdn. Bhd. (Company No.: 1232447-H), a company incorporated in Malaysia and having its registered address at 11, Jalan Nipah, Taman Lip Sin, 11900 Bayan Lepas, Penang, Malaysia (“eberlin.my”, “we”, “us” or “our”).

1.3 eberlin.my reserves the right, to change, modify, add, or remove portions of these Terms of Use and/or eberlin.my Terms and Conditions at any time. Changes will be effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

1.4 If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms of Use on the minor’s behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and/or Services.

2. USE OF THE PLATFORM AND/OR SERVICES

2.1 We grant you a non-transferable and revocable license to use the Platform and/or Services, subject to these Terms of Use, for the purpose of shopping for personal items sold on the Platform. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms of Use shall result in the immediate revocation of the license granted herein without notice to you.

2.2 Content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the vendor and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.

2.3 Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. eberlin.my shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

2.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

2.5 We reserve the right, but shall not be obliged to:

(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms of Use contained herein and may take any action it deems appropriate;

(b) prevent or restrict access of any an authorised user to the Platform and/or the Services;

(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

3. USER SUBMISSIONS

3.1 You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

4. TRADEMARKS AND COPYRIGHTS

4.1 All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

4.2 No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

5. Our limitation of responsibility and liability

5.1 The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by eberlin.my of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.

5.2 Without limiting the foregoing, eberlin.my does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

5.3 eberlin.my and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

(a) any access, use and/or inability to use the Platform or the Services;

(b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;

(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

5.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore.

6. HYPERLINKS

6.1 For your convenience, we may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

7. APPLICABLE LAW AND JURISDICTION

7.1 These Terms of Use and/or other eberlin.my Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the section on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Malaysia.

8. ARBITRATION

8.1 Any controversy, claim or dispute arising out of or relating to these Terms of Use and/or other eberlin.my Terms and Conditions or the breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Malaysia. The arbitral tribunal shall consists of a sole arbitrator who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. The place of arbitration shall be Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.

8.2 Notwithstanding the foregoing, eberlin.my reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

9. TERMINATION

9.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms of Use and/or other eberlin.my Terms and Conditions. Upon any termination of these Terms of Use and/or other eberlin.my Terms and Conditions, you shall immediately cease all access to and use of the Platform and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform and/or Services in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that eberlin.my shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of eberlin.my, in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.

TERMS AND CONDITIONS OF SALE

1. Interpretation

1.1 In these Conditions:

“Buyer” means the person who purchases Goods on the Platform;

“Conditions” mean these Terms and Conditions of Sale;

“Contract” means the contract formed when Seller accepted the order placed by Buyer on the Platform for the purchase of Goods sold by Seller;

“Goods” means the goods made available for sale on the Platform, including any instalment of the goods or any parts for them;

“eberlin.my” means H & M aesthetics Sdn. Bhd. (Company No.: 1232447-H), a company incorporated in Malaysia and having its registered address at 11 Jalan Nipah, Taman Lip Sin, 11900 Byan Lepas, Penang, Malaysia;

“eberlin.my Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;

“Platform” means the eberlin.my website and/or the eberlin.my mobile app;

“Seller” means a seller which uses the Platform and/or Services to sell Goods to the Buyers. eberlin.my also be the only “Seller” for all Goods;

“Services” means the use of any services, information and functions made available by eberlin.my at the Platform;

“Writing” includes electronic mail facsimile transmission and any comparable means of communication.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 Any references to “eberlin.my” in these Conditions refer to both eberlin.my actions on its own behalf as Seller and/or as the operator of the Platform and/or as the agent of Third Party Vendors as Sellers in respect of each and every Contract.

1.4 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.

2. Basis of the Contract

2.1 The Platform provides a place and opportunity for the sale of Goods between the Buyer and the Seller (collectively “Parties”). The identity of the Seller for a particular Goods listed for sale on the Platform, be it eberlin.my or a Third Party Vendor, may be stated on the webpage listing such Goods.

2.2 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by eberlin.my and eberlin.my has accepted the same, this shall constitute a Contract entered into directly between the Buyer and eberlin.my. On the other hand, where the Buyer has placed an order on the Platform for the purchase of Goods sold by a Third Party Vendor and the said Third Party Vendor has accepted the same, this shall constitute a Contract entered into directly between the Buyer and the Third Party Vendor. Where the Contract is entered into directly between the Buyer and a Third Party Vendor, eberlin.my is not a party to the Contract or any other Contract between the Buyer and Third Party Vendor and accepts no obligations in connection with any such Contract. Parties to such contracts shall be entirely responsible for the Contract between them, the listing of Goods, warranty of purchase and the like.

2.3 Any information made available on the Platform in connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs or any information disclosed by Third Party Vendors through the chat system are not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.

2.4 While the Seller endeavours to provide an accurate description of the Goods, Seller warrants that such description is accurate, current or free from error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 7 of these Conditions shall apply.

2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by eberlin.my in its website shall be subject to correction without any liability on the part of eberlin.my.

3. Orders and Specifications

3.1 The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. eberlin.my shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which eberlin.my shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.

3.2 Order acceptance and completion of the Contract between the Buyer and Seller will only be completed upon eberlin.my issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, eberlin.my shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. eberlin.my shall furthermore be entitled to require the Buyer to furnish eberlin.my with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

3.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from eberlin.my and on terms that the Buyer shall indemnify eberlin.my in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by eberlin.my as a result of the modification or cancellation, as the case may be.

4. Price

4.1 The price of the Goods shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to eberlin.my in addition to the price, but it excludes the delivery charges.

4.2 In the event that a Goods has been mispriced on the Platform, the Seller reserves the right to terminate the Contract, in which eberlin.my shall, on behalf of Seller (where Seller is a Third Party Vendor), notify the Buyer of such cancellation by giving three days’ notice. The Seller shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Buyer.

5. Terms of Payment

5.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. When Buyer places an order on the Platform, actual payment shall be only charged upon Seller’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to
eberlin.my, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). Buyer acknowledge that eberlin.my is entitled to collect payments from Buyer on behalf of Third Party Vendors.

5.2 The terms and conditions applicable to each type of payment, as prescribed by
eberlin.my on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:

5.2.1 Credit Card

Credit card payment option is available for all Buyers. eberlin.my accepts all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyers are protected by industry leading encryption standards.

Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.

5.2.2 Debit Card

eberlin.my accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry-leading encryption standards.

5.3 Buyer may not claim against Seller or any of its agents (which may include eberlin.my ), for any failure, disruption or error in connection with the Buyer’s chosen payment method. eberlin.my reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.

5.4 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to:

5.4.1 cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or

5.4.2 charge the Buyer interest on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).

5.5 All refunds shall be made via the eberlin.my virtual payment account (“eberlin.my Payment Account”). eberlin.my offers no guarantee of any nature for the timeliness of the refunds reaching the eberlin.my Payment Account. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by eberlin.my. All refunds are conditional upon eberlin.my acceptance of a valid return of the Goods. eberlin.my reserve the right to modify the mechanism of processing refunds at any time without notice.

5.6 All payments for the purchased Goods must be made to eberlin.my using the payment methods made available on the Platform only. eberlin.my shall not be held responsible for any losses which may arise from payments made directly to Third Party Vendors or through payment methods apart from the available payment methods on the Platform.

6. Delivery/Performance

6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

6.2 eberlin.my has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

6.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and eberlin.my shall not be liable for any delay in delivery or performance howsoever caused.

6.4 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to eberlin.my, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If eberlin.my fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.

8.1 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 6.4 above, Buyer shall immediately notify eberlin.my of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as eberlin.my fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. eberlin.my shall be entitled at any time to demand the Buyer to deliver up the Goods to eberlin.my and in the event of non-compliance eberlin.my reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to eberlin.my, we may:

6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or

6.5.2 terminate the Contract and claim damages.

6. Delivery of Goods

6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

6.5.2 terminate the Contract and claim damages.

7. Return, Refund and Replacement of Goods

7.1 All Goods sold on the Platform is covered under the eberlin.my 7 Days Easy Returns or 14 Days Easy Returns depending on the Goods sold (“Return Policy”). Buyer may initiate the returns process by communicating with eberlin.my or Seller through the Platform. The logo(s) of the Return Policy for each Goods can be found on the Goods’ product page.

7.2 Buyer may, by completing the Online Return Form, apply to return the purchased Goods to eberlin.my or Seller in exchange for a replacement or a refund. Buyer shall ensure that the purchased Goods is returned to eberlin.my or Seller within 7 or 14 calendar days from the delivery date, depending on the applicable Return Policy. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact eberlin.my or Seller within 48 hours of receiving the delivery to expedite the claim process.

7.3 Buyer may only apply for return of the purchased Goods in the following circumstances:

7.2.1 the Goods delivered to Buyer is defective and/or damaged on delivery;

7.2.2 the Goods, in particular fashion items, which does not fit (not applicable for fashion items from overseas Sellers);

7.2.3 the Goods delivered to Buyer is materially different from the description provided by Seller in the listing of the Goods;

7.2.4 the Goods delivered to Buyer does not match the agreed specification (e.g. wrong size, colour, etc.) stipulated in the order;

7.2.5 Buyer has a change of mind with regard to the Goods; and

7.2.6 such other circumstances which may be prescribed by eberlin.my on the Platform.

7.4 Notwithstanding Clause 7.3 above, milk formula products are returnable except for “change of mind” request. Buyer is to ensure that product is not opened, as otherwise it will not be accepted for return.

7.5 Notwithstanding Clause 7.3 above, return or cancellations of any perishable goods are not allowed. To ensure that Buyer is satisfied with the product Buyer received, Buyer should inspect the contents as soon as the order arrives.

7.6 The application for return of Purchased Goods may also be subject to additional terms and conditions prescribed by eberlin.my on the Platform. Please see Help Center for further details.

7.7 Questions and complaints with regards to returns

7.7.1 If you have any questions or complaints, (i) you may either contact the Seller directly via the Platform or (ii) contact eberlin.my using the “Contact Us” page on the Platform, as applicable.

7.7.2 In the event that Buyer is unable to resolve any dispute with Seller directly through amicable negotiations, eberlin.my reserves the right to suggest and implement an appropriate resolution at its sole discretion.

8 Risk and property of the Goods

8.2 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when eberlin.my has tendered delivery of the Goods.

8.3 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until eberlin.my has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Seller to the Buyer for which payment is then due.

8.4 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as eberlin.my fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.

8.5 The Buyer agrees with eberlin.my that the Buyer shall immediately notify eberlin.my of any matter from time to time affecting eberlin.my title to the Goods and the Buyer shall provide eberlin.my with any information relating to the Goods as eberlin.my may require from time to time.

8.6 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), eberlin.my shall be entitled at any time to demand the Buyer to deliver up the Goods to eberlin.my and in the event of non-compliance eberlin.my reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

8.7 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of eberlin.my but if the Buyer does so all moneys owing by the Buyer to eberlin.my shall (without prejudice to any other right or remedy of eberlin.my) forthwith become due and payable.

8.8 If the provisions in this Clause 8 of these Conditions are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.

8.9 The Buyer shall indemnify eberlin.mya against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of eberlin.my rights under this condition.

9 Termination

9.1 Buyer may terminate the Contract before Seller dispatches the Goods, by written notice to eberlin.my through our Contact Us page at https://eberlin.my/contact/. If the Goods have already been dispatched, Buyer may not terminate the Contract but may only return the Goods in accordance with Clause 7 of these Conditions.

9.2 Without prejudice to any other right of termination elsewhere in these Conditions, eberlin.my acting on Seller’s behalf, may stop any Goods in transit, suspend further deliveries to the Buyer and/or terminate the Contract with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:

9.2.1 the Goods under the Contract being unavailable for any reason; and/or

9.2.2 the Goods under the Contract has been mispriced on the Platform.

10 Warranties and Remedies

10.1 Subject as expressly provided in these Conditions, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.

10.2 Subject to this Clause 10 of these Conditions, eberlin.my warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered (“Warranty Period”). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), eberlin.my further gives to the Buyer such implied warranties as cannot be excluded by law.

10.3 eberlin.my above warranty concerning the Goods is given subject to the following conditions:

10.3.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to eberlin.my.

10.3.2 Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.

10.3.3 eberlin.my binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of eberlin.my opinion in that behalf. eberlin.my is not liable for any such special or particular description which may have been provided by Third Party Vendors through the chat system. eberlin.my does not give any warranty as to the quality state condition or fitness of the Goods.

10.3.4 eberlin.my shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of eberlin.my, addition and insertion of parts, in particular of spare parts which do not come from eberlin.my.

10.3.5 eberlin.my shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow eberlin.my instructions (whether oral or in writing) misuse or alteration or repair of the Goods without eberlin.my approval.

10.3.6 eberlin.my is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without eberlin.my prior written approval and the Buyer shall indemnify eberlin.my against each loss liability and cost arising out of such claims.

10.3.7 eberlin.my shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.

10.3.8 eberlin.my shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.

10.4 Where there is any defect in the quality or condition of the Goods or where the Goods fail to correspond with specification, Buyer may apply to return the defective and/or damaged Goods to eberlin.my or Seller in exchange for a replacement or a refund in accordance with eberlin.my Return Policy and Clause 7 of these Conditions above.

10.5 As an alternative to returning faulty or damaged Goods in exchange for refund or replacement under Clause 7 of these Conditions above, a Buyer may request for a repair of such Goods. eberlin.my and Seller however is entitled to accept or reject such request, at its own discretion. Such request shall be irrevocable upon eberlin.my or Seller’s acceptance of the same and the non-conforming Goods (or part thereof) will be repaired as originally ordered. The Buyer may not later elect for a return under Clause 7 of these Conditions above once eberlin.my or Seller has accepted such request.

10.6 Where the Goods have not been repaired within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair, eberlin.my may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair or price reduction being made as aforesaid, the Buyer shall have no further claim against the Seller.

10.7 When eberlin.my or Seller has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become property of eberlin.my.

11 Liability

11.1 In no event shall eberlin.my be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if eberlin.my had been advised by the Buyer of the possibility of incurring the same.

11.2 The remedies set out in Clause 10 of these Conditions are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods and eberlin.my liability for the same shall be limited in the manner specified in Clause 10 of these Conditions .

11.3 Notwithstanding any other provision of these Conditions, Seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Contract, shall not exceed the sums that you have paid to Seller under such Contract.

11.4 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.

11.5 No action shall be brought against eberlin.my later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.

12 General

12.7 Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond eberlin.my or Seller’s reasonable control.

12.8 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to eberlin.my, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant order.

12.9 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of International Commercial Terms published by the International Chamber of Commerce shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.

12.10 No waiver by eberlin.my of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, eberlin.my failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.

12.11 If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

12.12 No person who is not a party to the Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Clause 3.3 of these Conditions.

12.13 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause 12.9 below.

12.14 Buyer must exhaust all legal avenues against Third Party Vendors should any dispute, controversy or claim arises out of or relates to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against eberlin.my. Any such actions brought against eberlin.my for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.

12.15 Notwithstanding Clause 12.8 above, eberlin.my shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.

12.16 eberlin.my may, through the Platform or by such other method of notification as eberlin.my may designate, vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date eberlin.my specifies through the above means. If Buyer uses the Platform after such date, Buyer is deemed to have accepted such variation. If Buyer do not accept the variation, Buyer must stop access or using the Platform and terminate these Terms & Conditions of Sale.

12.17 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.

12.18 In the event that these Conditions are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Conditions shall govern and shall take precedence over the Foreign Language Version.

12.19 These Conditions shall constitute the entire agreement between Buyer and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

12.20 eberlin.my reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as Lazada deems appropriate.

EBERLIN GIFT CARDS

1. General

1.1 These eberlin.my Gift Card Terms and Conditions (the “Gift Cards Terms”) apply to eberlin branded digital gift cards (the “Gift Card(s)”).

1.2 By purchasing or using Gift Cards, you (“you” or the “Customer”) agree to be bound by these Gift Cards Terms, in addition to the Terms of Use for the lazada.com.my website and/or the eberlin.my mobile app, which are incorporated by reference into these Gift Card Terms.

1.3 For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Use. In the event of a conflict between the provisions of the Gift Cards Terms and the Terms of Use, to the extent such contradiction is pertaining to the use of Gift Cards, the provisions of these Gift Cards Terms shall prevail.

1.4 Where the Customer provides us with personal data pertaining to a third-party for fulfillment purposes of the Gift Card or otherwise, the Customer hereby confirms on behalf of said third-party that he/she has agreed to the sharing of his/her personal data with eberlin.my.

1.5 Customers should refer to the Product Details Page (as defined below) for specific terms and conditions and expiry dates.

2. Redeeming Gift Cards

2.1 Gift Cards cannot be used to purchase other Gift Cards, insurance products and any other product prohibited by law or eberlin.my.

2.2 If the value of an Order exceeds the value of the Gift Card, any outstanding Order balance must be paid using a different payment method.

2.3 If the value of an Order is less than the value of the Gift Card, the remaining Gift Card balance will be forfeited.

2.4 Unless otherwise stated in the Products Details Page, the Gift Cards shall remain valid for a period of six (6) months from the date of issuance.

2.5 Gift Cards may not be transferred for something of value.

2.6 Additional instructions on how to redeem a Gift Card are made available on the product details page of the relevant Gift Card, under lazada.com.my website (the “Product Details Page”).

3. Loss or Theft of Gift Cards

3.1 Once purchased, the Gifts Card is the responsibility of the Customer and any Gift Card, including accompanying digital or pin codes that are lost or stolen shall not be replaced.

4. Customer’s Obligations

4.1 The Customer acknowledges and agrees that:

4.1.1 Gift Cards can only be redeemed within the period specified on the Product Detail Page;

4.1.2 Gift Cards cannot be redeemed on certain black-out dates or promotion dates specified by eberlin.my;

4.1.3 The Customers shall not use Gift Card(s) or permit the use of Gift Card(s) in any manner which may adversely affect other Customers’ use of Gift Card(s) and/or any other Service provided to such Customers, as eberlin.my may reasonably determine;

4.1.4 Gift Cards are offered to the Customer on an “as is” basis;

4.1.5 The Customer is responsible for all information the Customer submits, transmits or otherwise make available during the purchase or redemption of any Gift Card;

4.1.6 To such extent permitted by applicable laws, eberlin.my expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise or any representations or warranties arising from usage or custom or trade or by operation of law, including (without limitation) as to the sequence, originality, correctness, completeness, accuracy, timeliness, currency, non-infringement, merchantability or fitness for any particular purpose in relation to any Gift Cards;

4.1.7 To the fullest extent permitted by law, eberlin.my excludes all warranties, rights and remedies (including warranties implied by statute or otherwise) that the Customer would otherwise be entitled to.

5. Refunds, Exchange and Cancellations

5.1 All exchanges and refunds for merchandise purchased with Gift Cards will be made in accordance with Lazada refund policy. Unless the Gift Cards are otherwise unusable and faulty due to the act or omission of eberlin.my, any Gift Cards bought cannot be returned, refunded, or cancelled on the Customer’s request after purchase.

5.2 Issued Gift Cards cannot be exchanged for cash.

5.3 Replacement of the Gift Card may be allowed, at eberlin.my sole discretion, if there is a systemic failure caused by an act or omission of eberlin.my.

5.4 Exchange of a Product or Service purchased using a Gift Card shall be subject to the Seller’s terms and conditions.

5.5 eberlin.my reserves the right to cancel or reject the use of a Gift Card at its sole discretion for any or no reason, including, without limitation, where it deems or suspects fraud or other illegal activities.

6. Availability of Gift Cards

6.1 The Customer acknowledges that purchase or redemption of Gift Cards is subject to resource availability, including, without limitation, availability of eberlin.my website and/or eberlin.my mobile app.

6.2 eberlin.my does not make any warranty on the performance and capability of the lazada.com.my website or the eberlin.my mobile app.

6.3 The Customer accepts and acknowledges that eberlin.my may suspend, terminate and/or discontinue the purchase or redemption of the Gift Cards in its sole and absolute discretion without prior notice and without any liability whatsoever to the Customer.

7. Use and Disclosure of Data

7.1 The Customer agrees that eberlin.my shall be entitled to use or disclose any information or data disclosed by the Customer in accordance with eberlin.my Privacy Policy. The Customer is entitled to withdraw such consent in the procedure as prescribed by eberlin.my from time to time.

7.2 Order fulfilment in relation to Gift Cards may be handled by a partner, in which case Customers may receive direct communication of Gift Card pin codes from the partner.

8. Miscellaneous

8.1 The rights and protections conferred on eberlin.my under these Gift Cards Terms shall be additional to the rights and protections conferred on eberlin.my under the Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed to or accepted by the Customer.

8.2 Any clause in the Gift Cards Terms, Terms of Use, Privacy Policy and other terms and conditions as may be agreed to or accepted by the Customer that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.

8.3. eberlin.my reserves the right to alter, modify, add to or otherwise vary these Gift Cards Terms from time to time, and in such manner as eberlin.my deems appropriate. The Customer shall be bound by the terms and conditions so amended. In any event, if the Customer continues to use the Gift Cards after such amendment, the Customer shall be deemed to have accepted the amendments.

VOUCHER TERMS & CONDITIONS

The following terms and conditions apply to the redemption and use of promotional vouchers and voucher codes (“Vouchers”).

1. Vouchers are only valid on the Lazada website, mobile website or mobile applications (iOS & Android).

2. A valid code must be entered at the checkout page in order to redeem a Voucher.

3. Customers can only redeem up to one Voucher per day.

4. Customers can only use the Voucher for a one-time purchase only.

5. Voucher validity is limited in time and such validity period shall be as prescribed in any individual voucher policy.

6. eberlin.my reserves the right to cancel or modify any order, or revoke the use of Vouchers for any reason, including the following circumstances:

(a) suspicious or fraudulent purchasing activity or Voucher use;

(b) Voucher abuse, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers; or

(c) Voucher used in bad faith (including resold Vouchers or use of Vouchers by customers purchasing products for the purpose of reselling)

7. Unless otherwise stated, Vouchers are not valid in conjunction with other promotions or discounts.

8. Additional terms and conditions may be specified in relation to specific Voucher (for example, duration, eligibility, discount amount and products covered), and will govern the use and redemption of those Vouchers in addition to these terms.

9. Use of Vouchers by resellers is not tolerated, and eberlin.my reserves the right to cancel orders which are deemed to display reseller behavior.

10. Vouchers are not exchangeable for cash.

11. eberlin.my will not be liable and/or be required to offer replacement Vouchers, discounts, credits, cash or otherwise compensate customers for:

(a) discontinued or cancelled Vouchers;

(b) improper use of, or inability to redeem, a Voucher; or

12. eberlin.my reserves the right to change these terms & conditions or cancel any promotions at any time and without notice.

DIGITAL VOUCHERS & GIFT CARDS

1. General

1.1 By using digital voucher(s) or gift card(s) bought from eberlin.my (the “Digital Good(s)”), you (“Customer”) agree to be bound by these digital vouchers and gift cards terms and conditions (the “Digital Goods Terms”), in addition to the Terms of Use for the lazada.com.my website and/or the eberlin.my mobile app, which are incorporated by reference into these Digital Goods Terms.

1.2. For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Use. In the event of a conflict between the provisions of the Digital Goods Terms and the Terms of Use, the provisions of the Digital Goods Terms shall prevail.

1.3. Customers should refer to the Digital Good or its Product Details Page (as defined below) for any Seller specific terms and conditions and expiry dates.

2. Loss or Theft of Digital Goods

Once purchased, the Digital Good is the responsibility of the Customer and any Digital Goods, including accompanying pin codes, that are lost or stolen shall not be replaced.

3. Redeeming Digital Goods

3.1. Instructions on how to redeem a Digital Good may be made available on the product details page of the relevant Digital Good, under eberlin.my website (the “Product Details Page”).

4. Customer’s Obligations

4.1. The Customer acknowledges and agrees that:

4.1.1. Digital Goods can only be redeemed within the period of time specified on the Product Details Page;

4.1.2. Digital Goods cannot be redeemed on certain black-out dates or promotion dates set by eberlin.my;

4.1.3. The Customer shall not use Digital Good(s) or permit the use of Digital Good(s) in any manner which may adversely affect other Customers’ use of Digital Good(s) and/or any other Service provided to such Customers, as eberlin.my may reasonably determine;

4.1.4. Digital Goods are offered to the Customer on an “as is” basis;

4.1.5. Use of the Digital Good constitutes acceptance of these Digital Goods Terms;

4.1.6. The Customer is responsible for all information the Customer submits, transmits or otherwise make available during the purchase or redemption of any Digital Good;

4.1.7. eberlin.my expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise or any representations or warranties arising from usage or custom or trade or by operation of law, including (without limitation) as to the sequence, originality, correctness, completeness, accuracy, timeliness, currency, non-infringement, merchantability or fitness for any particular purpose in relation to any Digital Goods;

4.1.8. eberlin.my to the fullest extent permitted by law excludes all warranties, rights and remedies (including warranties implied by statute or otherwise) that the Customer would otherwise be entitled by law.

5. Refunds, Exchange and Cancellations

5.1. Any Digital Goods bought cannot be returned, refunded, or cancelled on the Customer’s request after purchase.

5.2. Issued Digital Goods cannot be exchanged for cash. Each Seller may have its own policy on exchange of issued Digital Goods.

5.3. Replacement of the Digital Good may be allowed, at Lazada’s discretion, if there is a systemic failure on eberlin.my part.

5.4. Exchange of a Product or Service purchased using a Digital Good shall be subject to the Seller’s terms and conditions.

5.5. eberlin.my reserves the right to cancel or reject the use of any Digital Goods at its sole discretion, including without limitation, where it deems or suspects that any transaction is fraudulent.

6. Availability of Digital Goods

6.1. The Customer acknowledges that purchase or redemption of Digital Goods are subject to resource availability, including, without limitation, availability of eberlin.my website and/or eberlin.my mobile app.

6.2. eberlin.my does not make any warranty on the performance and capability of the eberlin.my website or the eberlin.my mobile app.

6.3. The Customer accepts and acknowledges that Lazada may suspend, terminate and/or discontinue the purchase or redemption of the Digital Goods in its sole and absolute discretion without prior notice and without any liability whatsoever to the Customer.

7. Use and Disclosure of Data

7.1. The Customer agrees that eberlin.my shall be entitled to use or disclose any information or data disclosed by the Customer in accordance with Lazada’s Privacy Policy. The Customer is entitled to withdraw such consent in the procedure as prescribed by Lazada from time to time.

7.2. Order fulfilment in relation to Digital Goods may be handled by a partner, in which case Customers may receive direct communication of Digital Good pin codes from the partner.

8. Miscellaneous

8.1. The rights and protections conferred on Lazada under these Digital Goods Terms shall be additional to the rights and protections conferred on eberlin.my under the Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed to or accepted by the Customer.

8.2. Any clause in the Digital Goods Terms, Terms of Use, Privacy Policy and other terms and conditions as may be agreed to or accepted by the Customer that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.

8.3. eberlin.my reserves the right to alter, modify, add to or otherwise vary these Digital Goods Terms from time to time, and in such manner as Lazada deems appropriate. The Customer shall be bound by the terms and conditions so amended. In any event, if the Customer continues to use the Digital Goods after such amendment, the Customer shall be deemed to have accepted the amendments.

EBERLIN.MY PAYMENT PROTECTION POLICY

(Updated as of October 2018)

This eberlin.my Payment Protection Policy (“Policy”) supplements the eberlin.my Terms of Use, eberlin.my Wallet Privacy Policy and eberlin.my Wallet Terms and Conditions (collectively, the “eberlin.my Terms”) with regard to your eberlin.my Account. If any matter is not provided for in this Policy but is provided for in the eberlin.my Terms, the provisions of the eberlin.my Terms shall prevail. If there is a conflict between the provisions of this Policy and the provisions of eberlin.my Terms, the provisions of this Policy shall prevail to the extent of such conflict. Unless otherwise expressly provided herein, the capitalized terms shall have the same meanings as set forth in the eberlin.my Terms. This Policy is a legal agreement between you and H & M Aesthetics Sdn. Bhd.. By using your eberlin.my Account, you agree to be bound by the terms of this Policy.

1.1 Protection against Unauthorized Transactions.

eberlin.my will provide you with compensation for Unauthorized Transactions (defined below), provided that you comply with the procedures set out within the Policy.

An “Unauthorized Transaction” occurs when, because of a fraudulent take-over of the Lazada Account:

(a) transaction is made from the value stored within your eberlin.my Wallet that you did not authorize and that did not benefit you;

(b) a transaction or Top Up to the eberlin.my wallet is made from a credit or debit card saved in your eberlin.my Account that you did not authorise and that did not benefit you; or

(c) a transaction or Top Up to the eberlin.my wallet is made from the Direct Link account, that you did not authorise and that did not benefit you.

Notwithstanding the foregoing, you have an obligation to ensure the safety and security of your eberlin.my Account. If you authorize someone to access your Wallet by providing them with your login information or otherwise, and they conduct transactions without your knowledge or permission, you shall be responsible for all consequences arising from such use.

1.2 Notify eberlin.my

a. You should immediately notify eberlin.my if you believe there has been an Unauthorized Transaction or unauthorized access to your eberlin.my Account. To be eligible for compensation under this Policy, you must notify us within 60 days from the date an Unauthorized Transaction first appears in your account.

b. You should regularly log into your account and review your order history to ensure that there has not been an Unauthorized Transaction. eberlin.my will send you an e-mail through the-mail address you have provided to notify you of every transaction made in your account. You should check these transaction confirmation messages to ensure that each transaction has been authorized by you and the information in your account is accurate.

c. If an Unauthorized Transaction appears in your account, please contact eberlin.my Customer Service through the contact us page (https://eberlin.my/contact). You will need to provide a complete set of information and/or documentation, in accordance with the requirements set out on that page and as requested by us, in order for the investigation to begin. eberlin.my will only initiate an investigation upon receipt of all information/documents.

1.3 Actions taken by eberlin.my upon receipt of notification

a. Once you notify us and provide us with a complete set of the necessary information and/or documents that we request, we will do the following:

(a) We will conduct an investigation and determine whether there has been an Unauthorized Transaction.

(b) eberlin.my will complete the investigation within 2 working days from the date where all necessary information and/or documents were received by us.

b. If we determine that the Unauthorized Transaction is one which qualifies for eberlin.my Payment Protection, we will credit the full amount of the Unauthorized Transaction to the respective sources.

c. If we determine that the Unauthorized Transaction is one that does not qualify for eberlin.my Payment Protection, we will send you an email to notify you of our decision which shall be final and conclusive.

1.4 Scope of protection

a. The following types of transactions are excluded from the scope of coverage of our eberlin.my Payment Protection Policy:

(a) Disputes on genuine transactions, such as non-receipt of the item you have purchased;

(b) Where we determine that there has been fraud or negligence on behalf of the Customer. For example, if we determine that you have wilfully provided your account credentials to third parties, have acted fraudulently or have failed to take all steps and precaution in protecting your account;

(c) Where we determine that you have a proven track record of engaging in and/or abetting fraudulent activity and/or disputes of unauthorized transactions;

(d) Where the Unauthorized Transaction took place under unforeseeable circumstances, including but not limited to natural disasters, outbreak of war, terrorist incidents, civil unrest, which are beyond eberlin.my reasonable control;

(e) Where the Unauthorized Transaction took place as a result of any terminal or system being impacted by, including and not limited to, hacking attempts, bank system upgrades/malfunctions, telco downtime etc, which you were aware before the Unauthorised Transaction took place;

(f) ‘Compromises arising from 3rd party partners’: The Unauthorized Payment was the result of a compromise by a 3rd party partner such as a partner bank; or

(g) Any regulatory or legal restriction that prevents the reimbursement to be made to the Customer.