General sales conditions


TERMS & CONDITIONS

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE (“Site”).

This Agreement (the “Agreement”) is an agreement between you and ASPIRA CREATION SDN. BHD. that states the terms and conditions under which you may use the Site and receive Thalgo Malaysia's Online Concierge Service, which includes processing and delivery of product orders (“Thalgo Malaysia's Online Concierge Service”). Your use of the Thalgo Malaysia's Online Concierge Service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Site or the Thalgo Malaysia's Online Concierge Service.

Ordering through the Site:

To receive delivery, you must live in a residential apartment, corporate address or home, and you (or your representative of legal age) must be present to receive your order from our delivery service during your selected delivery window. Additionally, after your second order with Thalgo Malaysia you may elect an alternate receiver located within your building to accept your delivery. This alternate receiver can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery.

In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule, which will cause us to suspend chosen delivery times. If there will be a significant delay, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will deliver your order the first possible moment the conditions permit. If your designated delivery location (i.e., street, avenue, etc.) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location.

Customers are under no obligation to tip the delivery team but have the option of doing so if exceptional service is provided by the person.

CREDIT CARD PAYMENT

Your credit card will be charged for your order on the day your order is taken. We will authorize your credit card for an amount equal to 100% of the total items in your order. Thalgo Malaysia will not process orders that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, Thalgo Malaysia reserves the right to collect funds for any uncollected transactions owed to it. If you fail to pay any fees or charges when due (which would include if a cheque is returned or electronic payment is rejected), Thalgo Malaysia reserves the right to cancel the order. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Thalgo Malaysia may incur in its efforts to collect any unpaid balances from you. Your right to use Thalgo Malaysia's Online Concierge Service is subject to limits established by Thalgo Malaysia and/or by your credit card issuer.

PAYMENT PROCESSOR

PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE Thalgo Malaysia's Online Concierge Service, OR THE INTERNET. Thalgo Malaysia LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE Thalgo Malaysia's Online Concierge Service AND TO TERMINATE THIS AGREEMENT. Thalgo Malaysia RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

The material in the Site is provided for lawful purposes only. Thalgo Malaysia controls and operates this Site from its headquarters in Selangor, Malaysia, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice.

You agree to defend, indemnify, and hold Thalgo Malaysia Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney’s fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.

MICELLANEOUS

Termination: This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Thalgo Malaysia may suspend or terminate this Agreement or Thalgo Malaysia's Online Concierge Service or remove or disable access to any portion of the Thalgo Malaysia's Online Concierge Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Thalgo Malaysia's Online Concierge Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. Thalgo Malaysia reserves the right to collect fees and charges incurred before you cancel your Thalgo Malaysia's Online Concierge Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

Notices: Thalgo Malaysia may give notice to you of a change in this Agreement, a change in the Thalgo Malaysia Fee Schedule, and any other matter through a general posting on the Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to Thalgo Malaysia by electronic mail (you may write in via our Contact Us form), or by conventional mail to:

Aspira Creation Sdn. Bhd.
SUITE 4.01(A) 4TH FLOOR - BLOCK A,
DATARAN HAMODAL - JALAN BERSATU,
46200 PETALING JAYA, 
SELANGOR - MALAYSIA

ENTIRE AGREEMENT

This Agreement and the Privacy Policy referred to herein represent your entire agreement with Thalgo Malaysia regarding the use of Thalgo Malaysia's Online Concierge Service and the Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Thalgo Malaysia, and Thalgo Malaysia Parties. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.This Agreement shall be governed by the laws of the Malaysia without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Thalgo Malaysia or relating in any way to your use of Thalgo Malaysia's Online Concierge Service or the Site resides in the federal and state courts of Kuala Lumpur and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Kuala Lumpur in connection with any such dispute, including any claim involving Thalgo Malaysia Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or is barred.

Third-Party Beneficiaries: The provisions of this Agreement are for the benefit of Thalgo Malaysia Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your Thalgo Malaysia Service.

Amendment: Thalgo Malaysia may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective seven days after they are initially posted on our Site. By using this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound.

LOCATION COVERAGE

We deliver only in Malaysia.

CHARGES

The shipping price is auto-calculated based on your shipping address and weight / dimension.
We also provide FREE shipping for order above RM200 to west Malaysia and above RM300 for east Malaysia

DELIVERY METHOD AND TIMING

We work with reputable delivery partners such as Lalamove, Pickuup, M-Express and GDEX whom we trust with all of our hearts.
Once your order been shipped, an email will be sent to you with the tracking number.
If you have not receive your purchases within 1 – 3 working days (for Peninsular Malaysia). For East Malaysia it will take 14 working days. Please contact us immediately if you do not receive your order within this time period

TERMS AND CONDITIONS

All business day delivery will be made from Monday to Friday, between 3:00 PM to 5:00 PM and 8:00 PM to 10:00 PM.
No deliveries will be made during weekends (Saturday & Sunday) and Public Holidays.
Deliveries can be delayed due to weather conditions.


RETURNS AND REFUNDS

Kindly note that all our products listed are GUARANTEED GENUINE, and as per such we will not accept any refunds or returns on product sold. Therefore, you are advise to be vigilant and re-confirm your selection before performing a payment. Any opened and used products are considered sold and strictly NOT ELIGIBLE for return and/or refund.

Nevertheless, only under circumstances below are we able to entertain such requests, namely:

The items were DAMAGED IN-TRANSIT before arriving at your doorstep;
The items that you have received DOES NOT MATCH the descriptions of your orders.

Kindly note that you can only raise a return request within 24-hours upon receiving all your ordered product(s). In events where such issue happens, kindly contact us at concierge@aspiracreation.com with the subject header as so [RETURNS - ORDERID: XXX000000x].

Our operation team will investigate and update your request status in 2 working days. You will be notified on the request status via your registered email. We may contact you for further arrangements and follow-ups to your requests if necessary.

IMPORTANT NOTICE:

Items must be returned in its pristine quantity and condition e.g. if the item consists of 2 bottles, ALL 2 bottles would be returned accordingly together with any packaging and accessories provided.
For full refund request, please note that the refund transfer period might differ depending on various reasons including, method of payment that you use on the original payment, bank operation hours etc. Hence, please allow 3 to 14 business days for the refund to be process.

RETURN & REPLACEMENT DISCLAMER

Thalgo Malaysia will arrange a third-party courier service to collect the return product/s from the customer.
The pickup point will be based on the invoice’s address.
The pickup time is according to the third-party courier services operation hour (usually ranging from 9:00 AM to 6:00 PM onwards.)
Thalgo Malaysia will arrange the pickup only ONCE, and the customer will be notified in advance prior to the pickup as a confirmation.
As per such as well, the customer is also held responsible for the pickup, hence please make sure someone is available for the pickup.
However, we request that the customer understands the possible hazards during delivery and as such, will not hold us liable for any damages to the items that are sustained in transit.
Please exercise caution during packaging and delivery as the items may be affected by heat and sunlight exposure.
Thalgo Malaysia is held responsible for the cost of returning the items back to our facilities.
If the customer missed the pickup, the customer would have to return the product/s to Thalgo Malaysia themselves.
As per such, the customer would be solely responsible for the conditions and safety of the product during transit to our facilities.
Shall there be any damages that had happened throughout the course of transit, the customer will bear the complete costs of the items.