Updated 9 November 2021
- WHO WE ARE
- ENTIRE AGREEMENT
- TERMS OF SALE
- CANCELLATION BY CUSTOMER (NON-FAULTY PRODUCT)
- RETURNS AND REFUNDS POLICY
- FAULTY PRODUCTS
- DISCLAIMER OF LIABILITY
- GUARANTEE AND COMPLAINTS MANAGEMENT
- PERSONAL DATA PROTECTION
- CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)
- INTELLECTUAL PROPERTY RIGHTS
- LINKS ON THE PLATFORM
- THIRD PARTY RIGHTS
- GOVERNING LAW
1. WHO WE ARE
We are JADE ESERVICES MALAYSIA SDN BHD, (Company Registration No. 201101044885), having our business address at Unit A-5-1, Level 5, Block A, Southgate Commercial Centre, No.2, Jalan Dua Off Jalan Chan Sow Lin, 55200 Kuala Lumpur (“ZALORA”).
These Terms and Conditions are our copyrighted intellectual property. Any use by third parties, even of extracts of the Terms and Conditions, for the commercial purposes of offering goods and/or services is not permitted. Infringements may be subject to legal action.
In these Terms and Conditions:
- "Account" means the ZALORA Account that you will need to register on our Platform if you would like to submit an Order;
- "Apps" means our ZALORA mobile app on iOS and Android;
- "Business Day" means a day from 9.00 a.m. to 6.00 p.m. in Malaysia, excluding Saturdays, Sundays, and gazetted public holidays;
- "Contract" means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 6.2 below;
- "Customer" means any individual who places an Order on the Platform;
- "Order" means the Order submitted by you to the Platform to purchase a Product from us;
- "Order Acknowledgemnet" means our email to you, in which we acknowledge your Order in accordance with clause 6.2 below;
- "Platform" means collectively ZALORA’s Apps and Website, and any other websites or applications which we may own or operate from time to time, each of which shall be described as a “Platform”;
- "Product" means any product available for sale to Customers on the Platform;
- "Website" means the ZALORA website accessed at the following address at www.zalora.com.my;
- "You" means the Customer or a guest;
- References to "clauses" are to clauses of these Terms and Conditions;
- Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
- Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership; and
- References to "includes" or "including" or like words or expressions shall mean without limitation.
To place an Order with ZALORA you must be over eighteen (18) years of age. If you are under eighteen (18), you may place an Order with ZALORA only with the involvement of a parent or guardian.
You must not misuse our Platform. You shall not use any automated systems or software to extract data from this Platform for any purpose. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Platform which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Platform. Any breach of this provision would constitute an offence under Section 233 of the Communications and Multimedia Act 1998. In the event such breach occurs, ZALORA will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.
5. ENTIRE AGREEMENT
5.1 These Terms and Conditions shall apply to your use of the Platform and all Orders and Contracts made or to be made by us for the sale and supply of Products. These Terms and Conditions constitute the entire agreement between you and ZALORA and supersede any and all preceding and contemporaneous agreements between us.
5.2 You acknowledge that by entering into this Contract, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms and Conditions, except as expressly stated in the Terms and Conditions.
6. TERMS OF SALE
To place an Order, you must register with us by creating an Account on the Platform. You must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Platform.
(b) You shall not misuse the Platform by creating multiple user accounts.
6.2 Formation of a Contract
(a) The information set out in the Terms and Conditions and the details contained on this Platform do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Products shall exist between you and us until we have shipped the Products to your address.
(b) To submit an Order, you will be required to follow the online shopping process on the Platform. After this you will receive an Order Acknowledgment which will act as an acknowledgement of our receipt of your Order. You acknowledge that the receipt of an Order Acknowledgment is not considered an acceptance of your Order by us.
(c) An Order is only considered accepted by us upon your Order being shipped to the delivery address provided by you, at which time you will receive an email notifying you that the Order has been shipped. Please check on the order status via the Platform. For more information on order statuses, please click here
(d) A Contract will relate only to those Products which we deliver to you. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times.
6.3 Price and Payment
Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Platform are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products which you have ordered, we may, at our sole discretion, decide to cancel your Order. If this happens, we will notify you via email. If you have already paid for your Order, you will receive a full refund of the paid price in accordance with the refund timelines outlined in our Returns and Refunds Policy.
(a) Where applicable, prices are inclusive of GST and are in Malaysian ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.
(b) We are under no obligation to fulfil your Order if the price listed on the Platform is incorrect (even after your Order has been acknowledged by us).
(c) You can pay using any of our payment partners listed on our Platform or use the cash on delivery payment method. Similarly, you can pay all or part of the price of your Order using an e-gift card, wallet credit or a promotional voucher.
(d) E-gift cards and promotional vouchers must be entered at the check-out page online only. Physical presentation of vouchers to ZALORA personnel will not be accepted.
(e) To minimise the risk of unauthorised access, we encrypt your card data. Once we receive your Order, we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorisation check has been completed. Your card will be debited once we have sent you the Order Acknowledgment. Cards are subject to validation checks and authorisation by card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery.
(f) Upon authorisation of the payment, by clicking the “Order now” button you are confirming that the card belongs to you or that you are the legitimate holder of the e-gift card or the promotional voucher, and have sufficient funds or credit facilities to cover the cost of the Product.
6.4 Mistaken Orders
If you discover that you have made a mistake with your Order after you have submitted it to the Platform, please contact here immediately. We will try our best to process your request.
6.5 Refusal of Order
We reserve the right to withdraw any Products from this Platform at any time and/or remove or edit any materials or content on this Platform. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein we may need to refuse to process an Order after we have sent you an Order Acknowledgement, which we reserve the right to do at any time at our sole discretion.
If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.
We will not be liable to you or any other third party by reason of our withdrawing any Product from this Platform, whether it has been sold or not, removing or editing any materials or contents on this Platform or for refusing to process or accept an Order.
7.1 We aim to deliver the Product to you at the place of delivery requested by you in your Order and the delivery date and time indicated by us at the time of your order checkout (as updated in the Order Acknowledgement).
7.2 We will attempt to notify you if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
7.3 Upon delivery of the Product, you may be required to sign for delivery. You may contact ZALORA Customer Service via chat here. You shall be able to provide the documents delivered with the Product, upon request. If you have not received your Order but the order status is showing as ‘delivered’, please contact ZALORA Customer Service here. Our Customer Service Team will advise you accordingly.
7.4 Please note that it might not be possible for us to deliver to some locations, in which event we will inform you using the contact details that you provided to us when you made your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
7.5 We deliver in our standard packaging.
7.6 All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract (for e.g. see 7.8 below), risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product. Any breach of obligations by you might impact your ability to shop on ZALORA in the future.
7.7 If you are not available to take delivery or collection, we will attempt to contact you. A re-delivery will be attempted the next working day. You may also contact our Customer Service Team or the courier. Please refer here for more information.
7.8 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within one week of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) charge you for any fee and other costs reasonably incurred by us; or
(b) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 7.8 (a) above).
7.9 You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
7.10 ZALORA provides free shipping on all orders above the threshold set out in the Shipping Fees Policy.
7.11 In event there exists a conflict of total cart size for free shipping entitlement, the value on our Platform shall prevail.
8. CANCELLATION BY CUSTOMER (NON-FAULTY PRODUCT)
If you wish to cancel your Order, you may cancel via the Platform. Cancellation is only available for Orders that are not packed. You may reach out to our Customer Service Team via chat here. or drop us an email at firstname.lastname@example.org, and our Customer Service Team will advise you accordingly. No cancellation fees shall be applicable. Once an Order has been packed it may not be cancelled and the item must instead be returned to the company according to our Return Policy here., or as otherwise advised by the Customer Service Team. Any payment made will be refunded. Please refer to our Cancellation Policy here. for more information.
9. RETURNS AND REFUNDS POLICY
9.1 If you are not completely satisfied with your purchase, you may return the Product to us within thirty (30) days of receipt, in accordance with our Exchange or Refund/Exchange Policy. The Product shall be unused, Product tags shall not be tampered with, and the Product shall be in the original brand packaging (if applicable). This policy is applicable only to those products which do not fall under the list of non-refundable brands/items provided on our Platform
9.2 All items must be received by ZALORA in order for a customer to be eligible for a refund or replacement. You shall ensure that the Product is sent to us in the same condition as it was when received by you and is packaged properly. In the event that an item is returned to us in an unsuitable condition, we reserve the right not to accept returns and send the Product back to you. Appropriate measures, including legal action, may be taken in the event we discover a misuse of ZALORA’s Exchange or Refund/Return Policy.
9.3 We do not honour any walk-in returns.
9.4 Your returned Products together with your return slip are usually received and accepted at our warehouse within five (5) working days after drop off. Returns handling time will vary depending on your return method and courier of choice. Our Quality Check team will take up to two (2) working days to process your return.
9.4 We do not honour any walk-in returns.
9.5 Refunds for returns will be issued shortly after we receive and check your items, according to the preferred refund method indicated on your return slip. In cases of purchase exchanges, we will refund you via wallet credit which you may utilize for your next purchase. In the event you prefer to be refunded by different means, please contact our Customer Service Team via chat here or drop us an email at email@example.com and we will try our best to assist you. Please see our Exchange or Refund / Return Time Frame Policy for more details.
10. FAULTY PRODUCTS
10.1 All Product descriptions, information and materials posted on this Platform are provided ‘as is’ and without warranties express, implied or otherwise, and however arising.
10.2 Product image as seen on the Platform may slightly differ from the actual Product that you receive.
10.3 If the item you receive is faulty, please contact our Customer Service Team and provide your Order number, your name and address, details of the Product and the reason for return, and whether you require a refund or a replacement. Please refer here for more details. .
10.4 Upon receipt of the Products, we will examine it and we will advise you on the status of the replacement or refund (if any) via email as soon as practicable.
10.5 ZALORA may at its discretion refuse to process a replacement/exchange order, and may, at its discretion, offer a refund as a substitute remedy, subject to clause 9.
10.6 In the event we discover that the Product returned is not faulty and/or the process set out in clause 10.3 was not followed, we may at our discretion decide (a) not to replace or refund you for the Product, and (b) return the Product to you. In such case, we may require you to pay all reasonable carriage costs and servicing costs (including costs incurred in returning the Product to you) at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
11.1 You may use promotional vouchers and e-gift cards while making payment for Products on the Platform. Specific details for promotional vouchers and e-gift cards are listed below.
11.2 Promotional vouchers must be entered at the check-out page online only. Physical presentation of vouchers to ZALORA personnel/Delivery staff will not be accepted.
11.3 In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with an e-gift card purchase or redemption of that voucher on the Platform, we are entitled to close your Account and/or require a different means of payment.
11.4 We assume no liability for the loss, theft or illegibility of gift or promotional vouchers.
11.5 In rare cases, ZALORA may at its sole discretion discontinue or cancel any voucher previously issued and will not be responsible for any losses arising therefrom.
11.6 Conditions for the redemption of promotional vouchers:
From time to time we may distribute promotional vouchers that may be used only on the Platform, which we will send to you either by email or post:
(a) Promotional vouchers are valid for the specified period stated on the voucher, can only be redeemed once and may not be used in conjunction with other promotional vouchers and discounted items. We may exclude individual brands from voucher promotions in accordance with our sales strategies. The current list of exclusions can be found here.
(b) You may redeem only ONE voucher per promotional campaign. ZALORA reserves the right to cancel any subsequent orders made by you using a voucher of the same promotional campaign.
(c) If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
(d) The credit of a promotional voucher does not accrue interest, nor does it have a cash value.
(e) If the credit of a promotional voucher is insufficient for the Order you wish to place, you may make up the difference using one of our accepted payment methods.
(f) For cash vouchers stipulated for a specified sum, if you choose to return the product, you will not be refunded the value of the cash voucher. However, if you paid partly with your own funds, this portion will be refunded.
(g) For more details usage of vouchers terms and conditions please refer to here
11.7 Conditions for the redemption of e-gift cards:
You may purchase e-gift cards for use on the Platform by you or other Customers. The conditions in clause 11.6 shall apply to e-gift cards. These e-gift cards will be sent by email.
(a) E-gift cards cannot be used to buy further e-gift cards. E-gift cards may be purchased using any of our accepted payment methods.
(b) The credit of an e-gift card does not accrue interest, nor does it have a cash value.
(c) An order for an e-gift card can be cancelled by contacting us via chat here. or sending us an email at firstname.lastname@example.org. A voucher is considered to have been redeemed if it is used as payment in placing an Order.
(d) If the credit of an e-gift card is insufficient for the Order you wish to make, you may make up the difference using one of our accepted payment methods.
12. DISCLAIMER OF LIABILITY
12.1 The content displayed on this Platform is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, ZALORA and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Platform and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
12.2 Nothing in these Terms and Conditions shall exclude or limit ZALORA’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend, hold harmless ZALORA, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Platform or your breach of these Terms and Conditions.
14. GUARANTEE AND COMPLAINTS MANAGEMENT
14.1 ZALORA shall perform its obligations under these Terms and Conditions with reasonable skills and care.
14.2 We place great value on our Customer satisfaction. You may contact us at any time using the contact details here. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer or supplier must generally be involved, and as such it may take longer to resolve such an enquiry or complaint.
14.3 In the event of a complaint, it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Order number that was assigned to you in the Order Acknowledgment. In rare cases, your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. If you did not receive any response from us within five (5) Business Days, please make further enquiries.
15. PERSONAL DATA PROTECTION
16. CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)
We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation:
(a) Strikes, lock-outs or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster;
(d) Impossibipty of the use of railways, shipping, aircraft, motor transport or other means of pubpc or private transport;
(e) Impossibipty of the use of pubpc or private telecommunications networks; and
(f) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
16.2 In the circumstance that the Force Majeure event lasts for more than one week, either you or we may terminate the Contract forthwith by written notice and without any liability other than a refund of a Product already paid for by you and not delivered.
16.3 If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion which Contracts we will perform and to what extent.
16.4 We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.
Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.
(a) Notices given by post shall be deemed to have been served with two (2) Business Days of being posted to the recipient’s address within Malaysia.
(b) Any notice given by email shall be deemed to have been served within two (2) Business Days of the email being sent.
In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
18. INTELLECTUAL PROPERTY RIGHTS
18.1 All content included in or made available through our Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of ZALORA or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by ZALORA and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Platform nor may you use any such content in connection with any business or commercial enterprise.
18.2 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Platform are trademarks of ZALORA in Malaysia and other countries. ZALORA's trademarks may not be used in connection with any product or service that is not provided by ZALORA, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ZALORA. All other trademarks not owned by ZALORA that appear on the Platform are the property of their respective owners.
18.3 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
18.4 You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. In the event ZALORA becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
18.5 If you print, copy or download any part of our Platform in breach of these Terms and Conditions, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by ZALORA or its licensors.
19. LINKS ON THE PLATFORM
19.1 You may link to our home page, provided you do so in a way that is legal and is not likely to damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
19.2 You must not establish a link from any Platform that is not owned by you.
19.3 This Platform must not be framed on any other Platform, nor may you create a link to any part of this Platform other than the home page. We reserve the right to withdraw linking permission without notice.
No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
You shall not assign, transfer, novate, charge, sub-Contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
24. THIRD PARTY RIGHTS
No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
25. GOVERNING LAW
These Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the laws of Malaysia. Both we and you hereby agree to submit to the non-exclusive jurisdiction of the courts of Malaysia. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
We reserve the right to amend these Terms and Conditions and our policies at any time at our sole discretion without prior notice. All amendments to these Terms and Conditions, including our policies will be posted on our Platform and be effective immediately. Your continued use of the Platform constitutes acceptance of the amended Terms and Conditions.