Terms and Conditions

 

Welcome to the website of Potions ("Site"), The following Terms and Conditions, our Privacy Policy, any other terms and conditions and policies which you may find throughout our Site (such as our Shipping Policy) in connection with certain functionality, features or promotions, and any other laws or regulations which apply to the Site, collectively govern usage of the Site, our related websites, and the products and services provided therein (collectively "Terms and Conditions"). 

We encourage you to read these Terms and Conditions, and consult us if you have any particular questions in relation to browsing and shopping online with us. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. You may be accessing the Site from a computer or mobile device and these Terms of Use govern your use of the Site, regardless of the means of access. 

 

APPLICABLE LAW

This Site is created and controlled by us in Malaysia. As such, these Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes will be resolved exclusively only by the Courts of Malaysia.

 

MODIFICATIONS

We may from time to time modify these Terms and Conditions, other policies, or the content of the Site, without notice. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. You should read the Terms and Conditions before placing an order online and check back often. If you do not agree to any change, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law. We do not promise to continue to offer or maintain the Site online. We may withdraw it from use in accordance with our business strategy from time to time. Accordingly, we may, with or without prior notice, terminate any or all of the rights granted by these Terms and Conditions.

 

ACCURACY OF INFORMATION

We attempt to be as accurate as possible when describing our products and services on the Site, however, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, ingredients, information or other content available on or via the Site are accurate, complete, reliable, current, available or error-free.

 

PRICES

Prices shown on the Site are in RINGGIT MALAYSIA (MYR). Prices are subject to change effective immediately upon posting to the Site or other form of notification.

(a) Item prices may change. Prices are subject to change without prior notice. Your shopping cart will reflect the most recent price;

(b) Prices charged are those applicable on the day you order

(c) Product prices exclude shipping and handling charges which will be calculated at checkout. Sales tax (GST) may be applied where applicable based on shipping address;

(d) Prices held in shopping cart does not reserve the price for the product at that time, and prices are reserved only after an order has been submitted;

(e) Discounts and final sale promotions are not eligible for any other offers, and final sale promotions are not eligible for refund;

(f) Free shipping applies to your final order total after any discounts have been applied (this includes discount codes, customer loyalty points redemption, refer a friend etc), not the original full price.  

 

 

REGISTRATION AND ACCOUNT SECURITY

To register with the Site, you must be over eighteen (18) years of age.You are required to register before placing any order through this Site.During the registration, you must provide us with accurate, complete and up to date registration information

You must safeguard your username and password. You authorize us to assume that any person using the Site with your username and password is either you or is authorized to act for you.

Potions has the absolute discretion to refuse registration of a potential customer and to terminate the registration of any customer for any reason whatsoever.

You must inform Potions,or self update your profile in the Site, immediately of any changes to the information that you provided so that we can communicate with you effectively.

You shall be liable for every order made under your login and agree to indemnify Potions for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders through this Site using your login. Should you find any unauthorised use of your login, you shall notify Potions immediately and effectively.

 

USER ELIGIBILITY

In order to use the site to purchase goods and submit feedback, as well as to legally enter into contracts, you must be at least 18 years of age. You must provide genuine information about yourself as requested during purchase and feedback. If Potions detects suspicious or incomplete information, we reserve the right to cancel any business transactions. If you are under 18, you may only use this website with the consent of your parent or guardian who has agreed to the Terms and Conditions herein.

 

ONLINE ORDER

Once you have selected a product that you wish to order via this Site, you will then be shown (on the website) the charges you must pay including taxes, if applicable, and any applicable delivery charges.

You shall pay for the order in full at the time of ordering by using Pay Pal, make a direct bank transfer or various payment methods offered on the Site.

Potions shall not be obliged to supply the product to you until we have accepted your order. An order shall be formed and we shall be legally bound to supply the product to you when we accept your order. Acceptance shall take place when we expressly accept your order by email to you, in the form of a document called a "Confirmation of Order" stating that we are accepting your order.

Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order.

 

CANCELLATION

Potions may cancel an order if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. Refund will be credited into Customer's account depending on the period of time your financial institution required to arrange for the refund.

You are not allowed to cancel the order once a Confirmation of Order is issued. If you wish to seek further information or assistant, kindly send us an email at potionsmy@gmail.com

 

PRODUCT INFORMATION 

Although we try to keep the site as updated as possible, some information, descriptions, photographs, and prices on our site may not always reflect the most recent correct information.

All pictures and images of the products displayed on this site are for illustration purposes in order to help the customer to recognise the products only. The actual size, dimension and colour of the products may differ.

 

INDIVIDUAL DISTRIBUTION OF PRODUCTS 

We do not permit individuals buying our products for reselling and redistribution. Any such orders are a direct violation of our Terms and Conditions, and are subject to order cancellation or a reduction in quantity.

 

ACCEPTANCE OF YOUR ORDER OR BOOKING 

Items are not reserved in your cart until order is submitted and finalised.

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Acceptance of your order, and completion of the contract between you and Potions will be completed when we (or our authorised agents) email you to confirm the goods have been dispatched and have been handed over to the designated carrier. Completion of orders is subject to availability of the goods and/or services. 

We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment, that the item ordered is out of stock, the services are unavailable or that you do not meet the eligibility criteria set out, or otherwise contemplated, within the Terms and Conditions. 

Potions reserves the right to refuse to process or refuse service to anyone at any time at our sole discretion. Potions reserves the right to restrict multiple quantities of an item, or restrict the number of items being shipped to any one customer or postal address.

 

SHIPPING POLICY

Shipping of products is subject to our SHIPPING POLICY

 

RETURN/ REFUND

Kindly refer to our RETURNS & EXCHANGES POLICY which forms part of these Terms and Conditions.

 

INTENDED USE

By placing an order with Potions, you agree to use the products or services only for their intended purpose. If you use the products or services for any other purpose you will assume full responsibility for any loss or damage arising out of this use.

 

PRODUCT OWNERSHIP

When you have placed your order, we will send you an acknowledgement that we are processing your order, this is not an acceptance of ownership transfer. Potions owns the products until we ship the goods to you with full payment.

 

PAYMENT

We accept payment via pay pal or direct transactions. All product prices listed are in Ringgit Malaysia (RM).

We accept payment via Credit/Debit Card that belongs to you or that you have permission to use. All cardholders are subject to validation and authorisation checks by the card issuer. If the card issuer refuses payment to us, we are not liable for any delays or non delivery. 

Full payment in respect of an order must be made upon the placing of the order. If your payment cannot be processed, the order will be not be accepted and you are advised to contact your card issuer to resolve any problem concerning the use of your credit card in order to continue with the order

We reserve the right to change the payment terms for any order without prior notice.

If payment for any order has already been made but the order is not accepted by us, you will be entitled to a refund, depending on the period of time your financial institution needs to arrange the refund. We shall not be liable with respect to any loss, damage, cost or expense that you or any person may incur as a result of any delay in your financial institution processing the said refund.

 

RISK

Risk of loss and damage of the products are passed onto you upon delivery. Although our products are carefully formulated, should you develop adverse reactions, we will not be held liable once ownership of product is passed onto you.

 

LIMITATION OF LIABILITY, INDEMNIFICATION, REPRESENTATIONS, WARRANTIES

This site and all its content, material, products, functions, pictures, and information are presented "as is”. There are no representations or warranties of any kind, direct or implied, in connection with the Terms and Conditions or the Site, including but not limited to: non-infringement for a specific purpose, warranties of merchantability, except to the extent such representations and warranties are not legally excludable.

Potions accepts no liability arising from the website, or on links provided from the website, being incorrect, incomplete or misleading. To the fullest extent permitted by law, Potions will not be liable for any loss, damage, cost or expense incurred in or arising by reason of any person relying on the information from this website.

Where conditions and warranties implied by law cannot be excluded, Potions limits its liability, where it is entitled to do so, to the resupply of the relevant service and goods, or payment of the monetary value of the resupply.

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control. further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event, shall our maximum aggregate liability exceed Ringgit Malaysia one hundred (RM100.00). you agree that no claims or action arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. 

 

INDEMNITY 

You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, relate to:

(a) your breach or non-observance of any term of these Terms and Conditions;· 

(b) any breach or inaccuracy in any of your representations or warranties; or

(c) your use of the Site.

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

 

NO COMMERCIAL USE

This Site (and any goods or services purchased on or via the Site) is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within, on or via this Site. You may not use this Site (and any goods or services purchased on or via the Site), or any of its Content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise.

 

USE OF INFORMATION

If you upload or otherwise provide any information or content ("User Content") in the course of accessing or using the Site, you agree that such User Content will be available to us to use in any manner we think fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any User Content which:

(a) is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading; 

(b) infringes the intellectual or other proprietary interests of third parties;

(c)contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms and Conditions;

(d) violates any law, statute or regulation; 

(e) forges information to disguise the origin of any User Content; or

(f) encourages or incites any other person to engage in any of the above behaviour.

You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the User Content (and all intellectual property rights contained therein), in all media now known or not currently known. You also waive any moral rights or similar rights you may have or may acquire in the future in that User Content in our favour.

 

THIRD PARTY SITES

We may include hyperlinks on this Site to other websites or resources operated by parties other than Potions for convenience only. Potions is not responsible for the content or accuracy of any off-site pages linked to or from the Site, nor are we responsible for the availability of such external websites or resources, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any offerings, advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources. You should make your own reasonable enquiries regarding the content of these sites. Your linking to or from these websites is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit. Reference to any product, service or other information by trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Potions.

 

BREACH AND TERMINATION

If, in our reasonable opinion, you breach any provision of these Terms and Conditions we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the Site. In any event, we may terminate these Terms and Conditions (and your right to use the Site) at any time and for any reason without prior notice to you.

 

RELATIONSHIP

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.

 

FORCE MAJEURE

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.

 

PROMOTIONS

While we enjoy customer participation, we can only accept one promotion code per order. Promotions are conditional upon quantity and specified time frame. If you have difficulty in processing any promotions, please contact us. Follow us on Facebook and Instagram for the latest promotions. 

• Code driven offers require the relevant coupon code to be applied at the cart or checkout stage of order.
• Coupon codes cannot be added to completed orders and no refund or bonus products will be offered if promotion was not completed correctly.
• Potions reserves the right to amend details of any promotion at any time.
• Multiple offers cannot be applied to a single order unless specified
• All promotional discount codes exclude Digital Gift Cards and Physical Gift Cards

 

FIRST ORDER DISCOUNT CODE

To claim this offer, you must checkout with the same email address you signed up with. Your 10% discount will apply when you key in the discount code upon checking out. One use per customer. No minimum order spend.

The promotion cannot be used in conjunction with any other promotional codes. First order discount excludes Digital Gift Cards and Physical Gift Cards.

We reserve the right to vary, withdraw or cancel first order discount for any reason at any time.

 

REVIEWS & BEFORE AND AFTER PHOTOS

Photo guidelines:

• Photograph must be clear and taken in good lighting, highlighting your area of success
• Photograph must show visible results
• Similar size to before photo
• Same location as before photo
• Photo file must be either JPG or PNG, and no larger than 2mb

Potions reserves the right to decline product & photo reviews for any reason at any time

 

FEEDBACK

Any information you provide including but not limited to feedback, questions, ideas, will be under the unrestricted ownership of Potions to be used for any purpose.

 

DATA PROTECTION

 Kindly refer to our PRIVACY POLICY which forms part of these Terms and Conditions.

 

REPRESENTATIONS AND WARRANTIES

The advice and information contained within the Site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. While every effort is taken to ensure that the information contained within the Site is accurate, Potions takes no responsibility for any loss or damage arising from its use.

Potions does not promise that the Site and Content is error-free. Potions does not promise that the functional aspects of the Site and Content will be error free or that this Site, Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

The Site is presented "as is" and we make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not able to be excluded at law.

Users should be aware that no external agency has deemed the products listed on the website or advice given to be intended to treat, cure, or prevent any disease or medical ailment. Users should not construe the information provided as a guarantee of treatment with using any product or service.

Our information on our products listed herein provides our suggestions and recommendations from our own testing and knowledge base, the user accepts that they will be held liable for any risks of using the site or services rendered after the approval of purchase. In addition, although we put significant effort into monitoring the website integrity, we accept no liability that the website itself is free from viruses, defects, malware, or errors that may affect the functionality of the website.

 

LIMITATION OF LIABILITY

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any

(a) interruption of business;

(b) access delays or access interruptions to the Site;

(c) data non-delivery, misdelivery, corruption, destruction or other modification;

(d) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink to or from third party websites;

(e) any inaccuracies or omissions in Content, or

(f) events beyond our reasonable control.

Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the Site or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages

 

INTELLECTUAL PROPERTY RIGHTS

The Site and its "look and feel", all of its information, graphics, headers, button icons, photographs, content, image rights, sounds, music, video, audio or text on this Site, and all intellectual property rights contained in each of the foregoing, including, without limitation, trademarks, designs, graphics, logos, button icons, data compilations and software, and the compilation and organisation thereof (collectively the "Content"), are owned by, and is the property of, Potions, or in some cases, our affiliates, partners, licensors. These intellectual property rights are protected by Malaysian and international laws, including laws governing copyright and trademarks.

Your use of the Content grants no rights to you in relation to any copyright, designs, trademarks or any other intellectual property or material rights relating to the Content or any portion of the Site. This includes, without limitation, Potions Software and all HTML and other code contained in this Site.

You are permitted to use the Content only as expressly authorised by Potions, its third-party licensors and subject to the Copyright Act 1987 and other related legislation. Any reproduction, redistribution, duplication, copying, selling, accessing, modifying or otherwise exploiting, of the above listed Content, in whole or in part, for any purpose without our express consent is prohibited. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. 

Request for permission to reproduce any information contained on the website, such as for marketing purposes should be addressed to potionsmy@gmail.com. Even with permission, Potions reserves the right for final approval before publication of using our content. You, the user, shall agree that you will not use the website or website content to violate any applicable laws or regulations of any country.

 

SUMMARY

You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy and Shipping Policy, constitute the complete and exclusive agreement between us concerning your use of or purchases on the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site.

We have taken great measures to ensure that your visit to Potions is an enjoyable one. If you have any questions, comments, or concerns about our privacy practices, please contact us by email at potionsmy@gmail.com