Welcome to Dua Beauty!

We thank you for your engagement with us. This Terms and Conditions is prepared to facilitate and govern your relationship with DUA BEAUTY. This Terms and Conditions contains your rights and obligations together with the terms and conditions which you are required to comply with, and we wish to bring to your attention the same in respect of your purchase from us and/or any form of engagement which you may have with us.

This Terms and Conditions is applicable to all orders, purchases, registrations, dealings and/or any form of transactions and engagements between DUA BEAUTY and you, either physically, through its online presence and/or by any other permissible mode.

By engaging with DUA BEAUTY and continuing your engagement with DUA BEAUTY in any manner, you are deemed to have read, acknowledged, understood and accepted this Terms and Conditions. If you do not wish to accept this Terms and Conditions, you shall immediately cease your dealings and/or engagements with DUA BEAUTY, either physically, through online services and/or any other permissible mode. Upon your acceptance of this Terms and Conditions, it is hereby agreed that you shall conform to and comply with this Terms and Conditions and such agreement shall constitute a legally binding contract between DUA BEAUTY and you.

Except as otherwise provided herein, this Terms and Conditions shall take effect and be binding on you upon the registration of your Account, upon your enquiry for our Products, upon commencement of your purchase of Products and/or any form of communication/engagement with DUA BEAUTY and shall continue to be in full force and effect until and unless your dealings with DUA BEAUTY through the Website, Account, physically and/or through any other mode are completed.

Any reference to “DUA BEAUTY”, “we”, “us” or “our” shall be a reference to Dua Beauty Sdn. Bhd. (Company No. 202301009092 (1503013-K)), our affiliates, subsidiaries, associates, related companies, groups of companies, our shareholders, directors, employees, managers, consultants, manufacturers, suppliers, retailers, distributors, representatives, agents, partners, Authorised Parties and/or our data processors (as applicable and related to the sale of Products to you). Reference to “you” or “your” in this Terms and Conditions refers to the individual Customer. Additionally, if you are an entity Customer, references to “you” and “your” shall also include your shareholders, directors, employees, managers, officers, representatives, agents and partners, respectively.

We have taken reasonable effort to ensure the accuracy and correctness of the information, graphics, statements, articles, data and any other material contained and published in this Terms and Conditions, any of our promotional materials, on the Sites and/or otherwise represented by us in any other form or avenue. We make no representations on the accuracy, reliability and correctness of such materials and we reserve the right to amend, delete, replace or otherwise change the materials published in this Terms and Conditions, any of our promotional materials, on the Sites and/or otherwise represented by us in any other form or avenue.

This Terms and Conditions, any of our promotional materials, the information on the Sites and/or otherwise represented by us in any other form or avenue may also contain information or material from third parties and we make no representations or warranties for such information and material. We strongly encourage that you read and understand the terms and conditions and privacy policies of such third parties’ websites prior to using them and before disclosing to them your Personal Data (as defined below).

This Terms and Conditions is subject to change based on any new standard of procedure we choose to adopt, requirements of legislations, regulations, guidelines and/or any other form of direction issued by the relevant regulatory bodies and/or pursuant to any part of the Laws (as defined below).

 

PART I – GLOSSARY

“Account”	:	means the official Customers’ account created by and registered with DUA BEAUTY on any one of the applicable modes under the Sites in respect of each Customer for the purchase of and/or enquiry into the Products;
“Authorised Parties”	:	means 3rd party distributors, retailers, authorised agents, entities, service providers, parties and/or online platforms which DUA BEAUTY formally and/or officially authorises to represent DUA BEAUTY and/or make available and sell its Products and/or execute any other forms of engagements related to DUA BEAUTY with its Customers;
“Business Days”	:	means a day (other than Saturday, Sunday and a public holiday) on which banks and financial institutions are open in Selangor, Malaysia;
“Confidential Information”	:	means all information of whatever nature related to DUA BEAUTY, the Products, the Sites, any other accounts, information about Authorised Parties, marketing materials, other materials, recipes, formulations for Products and all other aspects of DUA BEAUTY communicated to a Customer and/or any other recipient party (“Recipient Party”) by DUA BEAUTY (“Disclosing Party”) whether or not identified as confidential, (or which the Recipient Party ought reasonably to have known is confidential by nature) whether before or after the date of this Terms and Conditions in writing, pictorially or in machine-readable form including without limitation data of the Disclosing Party, specifications, information relating to the business affairs of the Disclosing Party, Intellectual Property Rights, standard of procedures, processes and information relating to the Products, the Disclosing Party or employees of the Disclosing Party, list of vendors, Customers and Customers’ data of the Disclosing Party, financial data, marketing data, drawings, designs, photographs, films, products, prototypes, samples, specifications, inventions, discoveries, formulae, processes, devices, demonstrations, trade secrets, technical information relating to computer systems and software and related documentation, databases, source code, object code, improvements, developments, applications, results of research and other data (including magnetic tapes), code, know-how, documentation, trademarks, trade names and trade secrets, whether or not the same are or may be patents, registered or otherwise publicly protected, as well as any commercial, financial, accounting or technical information and any other material bearing or incorporating any information about the Disclosing Party and information of all kinds and in whatsoever form;
“Customer”	:	means any individual and/or entity of any form which either purchases Products and/or engages with DUA BEAUTY in any manner in connection with the Products (whether or not a sale is concluded);
“Defective”	:	means the condition of Product that is assessed (at the time of delivery to the Customer) to: (i)         be not fit for its intended purpose; (ii)        have ingredients or aspects which are hazardous to health of users; and (iii)       be illegal based on the Laws.   In ascertaining if a Product falls under any of the categories above, DUA BEAUTY’s sole assessment is conclusive;
“Intellectual Property Rights”	:	means in relation to DUA BEAUTY, its connected brand names such as “DUA”, all other brand names registered under or associated with DUA BEAUTY, the Products (to the extent assigned/licensed by the manufacturers to DUA BEAUTY, if applicable), DUA BEAUTY’s trademarks, logos, patents, rights to inventions, trade secrets, recipes, Products’ formulations, rights in unpatented know-how, confidential technical information, software, hardware, rights of confidence discovery, technology, processes, methods, techniques, registered and unregistered design rights, copyrights and related rights, database rights, layout design of integrated circuit, software rights, trademarks, service marks, trade names and domain names, moral rights and all other similar rights in any part of the world (whether registered, registrable, unregistered, pending registration or application) including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations and renewals or extensions of such rights and all similar or equivalent rights or forms of protection in any form whatsoever, which subsist or will subsist now or in the future in any part of the world;
“Laws”	:	means any applicable rule of law, including any statute, regulation, order, rule, subordinate legislation or other document enforceable under any statute, regulation, order, rule or subordinate legislation of Malaysia, and any amendments or supplements issued in respect of the same;
“Losses”	:	means any claims, losses, damages, taxes, fines, judgments, penalties, expenses, costs, charges and other liabilities whether arising under contract, tort or otherwise in connection with the breach or default of any terms under this Terms and Conditions by any Party;
“Party” or “Parties”	:	means DUA BEAUTY and you (as the Customer);
“Personal Data”	:	means any information collected by DUA BEAUTY and it relates directly or indirectly to a data subject that is identified or identifiable from that information. Such data may include name, electronic mail address, residential address, contact number, identification card number / passport number, date of birth, gender, occupation, bank account details, or such other information as may be provided by you from time to time pursuant to our engagement, correspondences and/or any aspects of the Customers’ dealings with DUA BEAUTY;
“Products”	:	means all products made available by DUA BEAUTY, from time to time, for sale to its Customers, which products listing may be made available on the Sites and/or any other means of publication which DUA BEAUTY deems appropriate;
“Products Catalogue”	:	means the specification and/or other details of the Products made available on the respective Products, the Sites, physically to Customers and/or in any other mode to the Customers and/or world at large;
“Retail Price”	:	means the purchase price for purchases of Products made by Customers taking into account any promotions and/or special offers applicable from time to time (excluding Taxes, delivery charges and/or other disbursements);
“Sites”	:	means the Website, the Account and/or other platforms including the following: (a)       mobile application operated and/or maintained by DUA BEAUTY (if any); (b)       any official social media messaging platform of DUA BEAUTY where you interact with our team; (c)       authorised 3rd party platforms; and/or (d)       any such platform as DUA BEAUTY may include as part of its authorised channel to engage with its Customers;
“SST”	:	means the sales tax and service tax payable pursuant to the provisions of the Sales Tax Act 2018 and Service Tax Act 2018 (as may be applicable to the Products);
“Taxes”	:	means any tax (including SST), levy, impost, deduction, charge, rate, duty, or withholding which is or may be levied or imposed by the Inland Revenue Board of Malaysia, the Customs and Excise Department of Malaysia and/or other revenue authority of Malaysia at any time / from time to time and/or any penalty or fines on the same;
“Terms and Conditions”	:	means this terms and conditions including any revision(s) thereof subject to the terms hereunder; and
“Website”	:	refers to the official website and online store of DUA BEAUTY at www.wearedua.com.

 

 

PART II – TERMS AND CONDITIONS RELATED TO USE OF SITES

1. REGISTRATION OF ACCOUNT

• Customers desirous to purchase our Products via the online mode are required to register an Account with us via a link made available on the Website and/or any other permissible mode on the Sites prior to such purchase. In respect of purchases of Products physically from us and/or through our Authorised Parties (physically or via online mode), Customers can purchase the Products in the absence of the Account and any such purchase shall be subject to the standard of procedure at our physical stores and/or of our Authorised Parties.

• In the registration of your Account and/or prior to any purchase of Products from us and/or the Authorised Parties, you shall provide DUA BEAUTY with the complete sets of documents and/or information as may be required by DUA BEAUTY to process the application for registration and/or purchase, failing which DUA BEAUTY reserves the right to cease the application process with no liability on DUA BEAUTY for the same.

• An individual Customer and/or authorised representative of an entity Customer shall have the legal capacity to enter into a contract for purchase of our Products. Your registration and continued use of the Account and/or purchase of the Products shall be deemed as a representation from you that you have the aforesaid capacity.

2. SECURITY AND MAINTENANCE OF ACCOUNT AND INFORMATION

• The Customers have a duty to keep updated the personal information and/or other details of the Customers lodged with DUA BEAUTY (either through the Sites, shared through physical format and/or in any mode/manner whatsoever). The Customers shall immediately notify DUA BEAUTY by way of a written notice to DUA BEAUTY’s official email in the event there are any changes of the Customers’ personal information and/or any other applicable information. DUA BEAUTY is not obliged to carry out any checks on the same and is fully reliant on the Customers’ full and frank disclosure.

• Customers are required to key-in their log-in details and PIN/password to access the Account. Customers are reminded and advised to keep their log-in details, passwords and any other related biometrics details safe and secure. DUA BEAUTY may carry out verification processes of any Customers’ identity (whether directly or through any third party) from time to time to confirm their access to and/or control over the Account.

• DUA BEAUTY is not liable for any loss caused by any Customers’ failure to secure their log-in details, passwords and any other related biometrics details. If your log-in details, passwords and any other related biometrics details have been lost, stolen, misappropriated or otherwise compromised, you may proceed to rectify the situation by resetting your Account subject to the features of the Account.

• Please be reminded to provide us with the accurate contact details and ensure that such details are updated as and when required. All instructions, codes, PINs, passwords, updates, general information and other confidential information will be forwarded by DUA BEAUTY to your email address registered with us and by such action, we are deemed to fulfil the reasonable diligence standard expected of us and it is your duty to ensure the continued security and secrecy of such information. DUA BEAUTY is not responsible for your failure, refusal and/or negligence to take note of and observe the contents of the emails forwarded to you in respect of your Account and/or any other aspect of engagement with DUA BEAUTY.

• DUA BEAUTY reserves the right to send, forward and/or make available promotional materials, news updates, notices, circulars and/or any other information to your email address registered with us without further reference to you and should you object to the same, kindly indicate to us your objections by way of a written notice to our official email.

 

PART III – TERMS AND CONDITIONS RELATED TO PURCHASE OF PRODUCTS

1. AUTHORISED SALE CHANNELS

• All Products may be purchased through any of the following sale channels recognised by DUA BEAUTY:

• placement of orders with us on our Sites or by physical attendance to any of our official outlets (as and when available); and/or

• placement of orders with our Authorised Parties, either by physical attendance to any one of their outlets or through the sites or platforms as the Authorised Parties may operate or maintain for DUA BEAUTY’s Products, (collectively referred to as “Sale Channels”).

• Purchase of our Products must be made through our Sale Channels, as may be updated from time to time. DUA BEAUTY excludes liability for any purchase of Products by Customers through any other sale channels which are unauthorised and/or unrecognised by DUA BEAUTY. Products purchased through unauthorised means may be defective, counterfeit, expired, used and/or not of merchantable quality and any such purchase shall be done at the Customers’ own risk with no liability to be placed on DUA BEAUTY for the same.

• In your dealings with our Authorised Parties, please be informed that the Authorised Parties may operate on a different set of terms and conditions, and you are advised to read and understand the same before placing your orders with them. In addition to their own sets of terms and conditions, our Authorised Parties may opt to refer to and incorporate this Terms and Conditions as part of the transaction with the Customers. In such a case, where there is an inconsistency between the terms and conditions, the terms and conditions of our Authorised Parties shall prevail in view that the transaction is directly between our Authorised Parties and the Customers.

2. PLACEMENT AND PROCESSING OF ORDERS

• Before placing your orders via any of the Sale Channels, please check the details of your orders carefully, including but not limited to selection of Products, quantity of Products, payment details and delivery details (as applicable). You are responsible for the accuracy of the information related to your orders and our processing of such orders will be based solely on the contents of your orders with us.

• An order is deemed successfully placed and confirmed when full payment is made to us which shall be represented by issuance of either a physical or digital copy of an official receipt from us to the Customer (physically or via email).

• Once an order is placed, you will no longer be able to cancel or modify any aspect of your order unless there are exceptional circumstances which shall be subject to the discretion and assessment of DUA BEAUTY.

• Sale of all Products advertised or displayed via any of the Sale Channels is subject to availability. Should a Product become unavailable after an order is placed, we will notify you on the same and the expected timeline for restocking of such Product.

• All orders placed via any Sale Channels will be processed on Business Days only. Upon receipt of your confirmed order for online Sale Channels and subject to stock availability, we endeavour to internally process and fulfil your order within three (3) Business Days from the date stated on our official receipt and delivery/shipment may take an additional five (5) Business Days from completion of internal processes (subject to further processes of our 3^rd party delivery service providers). In respect of purchases made by physical attendance, the Products shall be passed on to you immediately upon issuance of our receipt subject to stock availability.

• During times when incoming orders are high (which ordinarily is during holiday/festive seasons and/or sale events), we may require more time to process and fulfil all orders, which additional time shall be permitted to us without imposition of any liability on us.

• DUA BEAUTY reserves the right to delay processing of any orders for Products if DUA BEAUTY in its sole discretion views the placement of orders as incomplete and/or unclear. DUA BEAUTY shall not be held liable in any way for the cessation of process for the said orders or for taking additional processing time for the aforesaid circumstance.

3. PAYMENT TERMS FOR ORDERS ON OUR SITES

• All prices imposed on the Products are in Malaysian Ringgit (RM). The Retail Prices of Products as reflected on the Sale Channels and/or any other documents issued by DUA BEAUTY are exclusive of Taxes, delivery charges and/or any other disbursement (if applicable).

• Upon placement of orders, the final prices for the Products will include Taxes, delivery charges and/or any other disbursement (as may be applicable), which DUA BEAUTY will reflect in its receipts.

• If you are making a purchase of the Products outside Malaysia, the prices applicable to the Products may be converted from Malaysian Ringgit (RM) and reflected in United States Dollar (USD) provided that payment is made using payment modes made available by us.

• All prices imposed on the Products must be paid in full using any payment method as may be prescribed or offered by DUA BEAUTY and/or the Authorised Parties from time to time.

• If the payment made is not completed or is unsuccessful for whatsoever reasons, DUA BEAUTY reserves the right to cease processing of such orders without notice to the Customer. DUA BEAUTY will re-commence processing of orders once full payment for the order is received.

• DUA BEAUTY reserves the absolute right to adjust, amend, vary, change and/or update the Retail Prices advertised, displayed or presented for a particular Product without assigning any reason. The applicable Retail Price for a Product shall be the one advertised, displayed or presented at the time an order is placed by you, and any changes to the Retail Price effected after the placement of your order shall not affect the Retail Price for your order.

• Any payment including release of approved refunds subject to terms hereunder shall be made by DUA BEAUTY to the person reflected in DUA BEAUTY’s receipt as the purchaser for such Product and no payment can be released to any other party, notwithstanding any situation where payment was made on behalf of another party.

• The Customer hereby acknowledges and agrees that all payment for any Products purchased from DUA BEAUTY is processed by third party payment system providers and DUA BEAUTY does not retain or process any such payment information. DUA BEAUTY does not guarantee the security of such third party payment system providers or payment data, and we are not responsible for any acts or omissions of any such third parties, and we disclaim any liability in connection with acts, omissions or defaults of such third parties.

4. DELIVERY POLICY FOR PRODUCTS

• The Products, once ready and provided that full payment has been made, will be delivered to the Customer by 3^rd party delivery service providers as may be engaged by DUA BEAUTY.

• The delivery charges applicable to your order and its estimated delivery timeframe to your designated delivery address may be indicated to you prior to payment for the Products.

• The time of delivery of an order shall be an estimation at best and DUA BEAUTY excludes liabilities for any delayed delivery of Products. The Customer agrees to accommodate to additional time as may be required for delivery of the Products.

• The selection of 3^rd party delivery service providers for delivery of the Products is random and based on a general assessment as DUA BEAUTY deems fit. Any selection made by DUA BEAUTY shall not be construed as DUA BEAUTY’s endorsement of quality and/or level of service of such 3^rd party delivery service providers.

• We deliver both within Malaysia and to specific countries which DUA BEAUTY may identify on the Sites. Shipping and taxation costs (including customs duty, if any) may differ between jurisdictions and all such costs shall be borne by the Customer in addition to the Retail Prices.

• If the Products are damaged in the course of such delivery, go missing or are not delivered by the 3^rd party delivery service providers for whatsoever reason, whilst DUA BEAUTY may assist the Customer to liaise with the 3^rd party delivery service providers, DUA BEAUTY shall not in any way be liable for any damages arising therefrom. DUA BEAUTY may at its sole discretion and on goodwill choose to provide a new Product to such Customer, however any such goodwill exhibited does not place any obligation on DUA BEAUTY to take responsibility for the 3^rd party delivery service providers’ actions/omissions and the Customer’s cause of action lies with the 3^rd party delivery service providers (either directly or through DUA BEAUTY owing to privity).

• Should the delivery of the Products be unsuccessful owing to erroneous delivery address or for whatsoever reasons, DUA BEAUTY is not obligated to attempt delivery once again. Upon request from you for a re-delivery, DUA BEAUTY can arrange for delivery subject to additional charges on disbursements. Alternatively, DUA BEAUTY will hold the said Products in its custody for two (2) weeks from the date of the 1^st delivery attempt and thereafter should the Customer request for re-delivery of Products, any such re-delivery or provision of the Products shall be subject to availability of the Products.

5. PASSING OF OWNERSHIP AND RISK

• When you purchase the Products in person, the legal and beneficial ownership and risk of loss and any form of damage to the Products shall pass to you at the point the Products are handed to you.

• When you purchase the Products by online means and the Products are delivered to you by 3^rd party delivery service providers, the legal and beneficial ownership and risk of loss and any form of damage to the Products shall pass to you at the point the Products are passed to such 3^rd party delivery service providers.

• Upon delivery of the Products to you, it is your responsibility to inspect and examine the Products to ensure its conformity with the orders placed for such Products.

• Subject to the exchange and refund policies hereunder, once you accept the Products (either personally, through a representative or a 3^rd party delivery service provider), you are deemed to have inspected, examined and duly accepted the Products.

6. PERSONAL USE

• All Products sold are intended for your personal and non-commercial use only.

• You are not allowed to sell or resell any Products purchased from us to any other person or party or attempt to establish a wholesale arrangement.

• We have the sole discretion to impose the following limitations on any Sale Channels:

• the maximum quantity of any Product available for purchase per order; and/or

• the maximum number of order(s) which can be placed per day.

• We reserve the right to review any orders and to cancel, reject or investigate any suspicious large orders. We also reserve the right to decline any order from you should we have reasonable cause to deduce that the order was placed for Products intended to be sold forward to another party and/or distribution channel.

7. PRODUCT SPECIFICATIONS AND PRODUCTS CATALOGUE

• Prior to purchasing our Products and/or applying our Products, you are advised to carefully read the Products Catalogue which contains product specifications and instructions. You are to take note of any warning or limitation for use which is stipulated for a Product.

• All images, graphics, demonstrations and/or representations of the Products and/or its effectiveness as may be displayed on the Sites and/or through the Sale Channels are for illustration purposes and the actual size, colour, effectiveness and/or presentation of a Product may differ.

• You must at all material times be aware of your own medical conditions and/or medical history, including but not limited to skin type, skin concern, allergy and uncommon skin reaction. You should exercise reasonable care and diligence in assessing the compatibility of the Products with your own conditions and selecting the Products of your choice.

• If you have reason to believe that our Products are causing and/or triggering adverse health/skin conditions and/or any form of allergy to you, you are strictly advised to immediately cease usage of the Products. You can opt to share your condition with us via our official email address and we may assist to provide our feedback on the same should we have the data and/or information to address the same.

• The Customer acknowledges and is aware that there may be deviations between the illustrations made of the Products when compared with the actual final deliverable of the Products, in terms of design, representation, packaging style, sensory elements (such as smell), effectiveness and other salient elements.

• All our Products are authentically made and procured directly from manufacturers with QR codes reflected on each of our Products which enables us to track the movement and authenticity of the Products.

8. PROPER USAGE, STORAGE AND MAINTENANCE OF PRODUCTS

• Please note that our Products can over time undergo changes in colour and/or texture which may be attributed to its organic nature, utilisation of natural extracts and/or unrefined ingredients.

• All Products are indicated with its recommended Period After Opening (“PAO”), which typically range from three (3) to six (6) months. As a guide, the PAO indicates the optimal period for using a Product after it has been opened. As natural ingredients may undergo subtle transformations with extended exposure to air and light, we recommend adhering to the PAO as indicated to maintain the quality and effectiveness of the Products.

• Unless otherwise expressly stated, all Products should be stored in a cool and dry place, and should be kept away from extreme heat, cold and direct sunlight.

• To avoid possible contamination on Products packaged in jars, we recommend the use of clean tools such as spatulas or applicators to extract the content and apply for each use.

• All Products should be closed tightly after each use to reduce the contact time with air and/or the surroundings.

9. DEFECTIVE PRODUCTS

• Upon delivery of the Products to the Customer, the Customer shall immediately inspect the Products and should there be any damage to the Products reasonably visible during such inspection which causes the Products to be Defective, the Customer shall immediately inform DUA BEAUTY of such Defective Products on the day of delivery failing which, the Customer is deemed to have accepted the Products as delivered.

• The Customer must permit DUA BEAUTY with a right to physically inspect the alleged Defective Products within three (3) days from the date of delivery failing which, the Customer is deemed to have accepted the Products. Where a Product is assessed by DUA BEAUTY to be Defective and where such defect is due to DUA BEAUTY’s sole default of this Terms and Conditions, DUA BEAUTY shall replace and redeliver only the Products affected by the defects within seven (7) Business Days from the date DUA BEAUTY carries out its inspection. All costs incurred for the inspection process and replacement of Product shall be borne by DUA BEAUTY provided that the Product is Defective.

10. RECALL POLICY

• Any Party which comes to the knowledge of any aspects of the Product which may affect its marketability, safety, quality, effectiveness or legality shall immediately notify the other Party. Notwithstanding the aforesaid notification and subject to the Laws, DUA BEAUTY reserves the sole right to assess the condition of the Products before deciding on any recall of the Products.

• Where any Product is assessed by DUA BEAUTY to be compromised in a manner which affects its marketability, safety, quality, effectiveness, legality or if the Product for whatsoever reason is not permitted to be sold by the governmental authorities in Malaysia and/or under the Laws (“Recalled Products”), such Product shall be recalled by DUA BEAUTY from the general public and/or other sales avenues within a reasonable time or as directed by the relevant governmental authorities.

• If the condition of the Recalled Product is due to the sole fault or negligence of DUA BEAUTY, our refund and exchange policy hereunder shall apply.

11. REFUND AND EXCHANGE POLICY

• Unless otherwise provided herein, payment received for all Products sold are non-refundable nor are the Products exchangeable.

• Any refund of monies paid for Products (by way of store credits) and/or exchange of Products is only permitted if (i) the Product is Defective or (ii) it is a Recalled Product.

• Should the Product be Defective pursuant to this Terms and Conditions and/or if it is a Recalled Product, upon submission of a written request from the Customer, DUA BEAUTY reserves the sole right to execute any one of the following actions:

• exchange the Defective and/or Recalled Products with either the same type of Product or a Product which holds the same value with the Defective and/or Recalled Products; or

• refund into the Account of the Customer in the form of store credits, an amount equivalent to the Retail Price paid by the Customer. Refunds in the form of store credits will only be made to the Account holder recorded under our receipts and to no other 3^rd All store credits hold the equivalent value to monetary form which the Customers can utilise to make online purchases of other Products from DUA BEAUTY. All store credits are not exchangeable for cash and may be subject to additional terms and conditions.

• The refund and/or exchange of Defective/Recalled Products is strictly in the manner indicated above and is only permitted if:

• the said Product was purchased from the Sale Channels and/or through us or our Authorised Parties; and

• your request is accompanied by a copy of the relevant order confirmation and receipt.

12. LOYALTY PROGRAM AND PROMOTIONS

• DUA BEAUTY may at its discretion introduce and launch a loyalty program for its Customers to offer benefits, perks, rewards and/or incentives in a form and manner as DUA BEAUTY deems appropriate ("Loyalty Program”).

• Any benefits, perks, rewards and/or incentives offered to Customers under the Loyalty Program shall be subject to the terms and conditions as DUA BEAUTY may impose from time to time. The Loyalty Program will be based on accumulation of points linked to purchases made by Customers. The accumulated points are non-transferable to other parties and have no monetary value.

• The accumulated points under the Loyalty Program shall automatically expire after twelve (12) months from the date on which the points were credited into the Account of a Customer, or such other period as DUA BEAUTY may indicate.

• DUA BEAUTY reserves the right to amend, vary, modify and/or cancel the terms and conditions to its Loyalty Program from time to time with written notice to the Customers.

• Customers are advised to read and understand the terms and conditions under the Loyalty Program, which will be provided separately by DUA BEAUTY on the Sites.

• In addition to the Loyalty Program, DUA BEAUTY may at its discretion offer free gifts, promotional prices and/or other special offers to Customers and applicability of the aforesaid to any Customer shall be subject to terms and conditions as DUA BEAUTY may indicate from time to time. The Loyalty Program shall not be combined with any of the aforesaid promotions and/or special offers made by DUA BEAUTY.

 

PART IV – OTHER TERMS

1. CODE OF CONDUCT

• At all times during your engagement and/or dealings with DUA BEAUTY via any manner and/or mode whatsoever, you shall:

• install, operate and/or maintain the Sites (in whichever mode and/or medium you utilise) without utilisation of any prohibited or illegal applications;

• operate your Account and manage all aspects of your association with DUA BEAUTY in full compliance with the Terms and Conditions, Laws, and/or any other guidelines, directives and/or code as may be issued by DUA BEAUTY from time to time;

• immediately report to DUA BEAUTY any suspicion and/or occurrence of fraudulent, illegal and prohibited activities with respect to the Account and/or Products;

• take all actions necessary to make your mobile electronic device and/or any other electronic devices compatible to the Sites following any upgrades, modifications and/or updates;

• cooperate with DUA BEAUTY in the event that any regulatory or enforcement authorities make enquiries or require audit and/or investigations to be carried out with respect to the Accounts and/or any other aspect of your engagement with DUA BEAUTY;

• use the Sites responsibly and not tamper, hack, modify, decompile, disassemble, reverse engineer or otherwise technologically intervene with the operation and functioning of the hardware, software and/or components of the Sites (such as use of web bugs, computer viruses and any other malicious programs);

• deal with the Intellectual Property Rights that belong to and/or registered in favour of DUA BEAUTY and/or any other third party (as may be available through the Products and/or Sites) in a manner which is compliant with the Laws;

• refrain from making unfair, frivolous, baseless, unsubstantiated, disparaging and/or inaccurate legal suits, claims, remarks, comments and/or statements about (i) DUA BEAUTY and/or (ii) the Products;

• not use the Accounts, Sites and/or Products and/or any form of resources available from DUA BEAUTY (tangible, digital or otherwise) for any illegal purpose;

• utilise the Sites and/or Products based on provided directions and/or within its intended purpose;

• refrain from using the Sites to cause inconvenience, irritation, harassment or nuisance to other users, the financial ecosystem and the public at large;

• not modify and/or in any way meddle with the Products, either on its functionality, labels, texts, representations, packaging and/or in any other manner which falls outside the scope of the Products’ intended utilisation; and

• not do or conduct any such acts or things that may result, directly or indirectly, in the breach or violation of any Laws, guidelines, notices, orders, rules, policies or instructions related to and in connection with the Sites, this Terms and Conditions, the Products and/or any aspect of DUA BEAUTY’s business.

Representations and Warranties

1.2        By accepting this Terms and Conditions, you represent and warrant to us that you:

• are of sound mind and have full capacity to be legally bound by this Terms and Conditions;

• have provided and will continue to provide true, accurate and complete information relating to your details and information as is required to register and maintain your engagement with DUA BEAUTY;

• are not in violation of any Laws through your use of the Sites, Products and/or any aspect of our business and there is no action, proceeding, claim or investigation pending against you before any court or regulatory authority which will invalidate your engagement and/or any transaction which you have or may carry out with us; and

• have not and will not violate any of the anti-money laundering and anti-bribery/anti-corruption Laws and regulations and at all times will remain compliant with the aforesaid to the extent it may be relevant to your dealings and/or engagements with us.

2. TERMINATION, SUSPENSION AND/OR ANY ACTIONS AGAINST ACCOUNT

Termination

• Notwithstanding any rights accorded to you under this Terms and Conditions, DUA BEAUTY is entitled at any time to terminate your Account and/or our engagement/dealings with you in the following circumstances:

• based on DUA BEAUTY’s internal assessment and sole decision, you are in breach of any provisions of this Terms and Conditions and/or any directives, announcements and/or requirements issued by DUA BEAUTY;

• you have contravened or are found in breach of any of the Laws; and/or

• if we receive instructions from the police or other investigating governing bodies and/or regulatory authorities to terminate your Account and/or our engagement with you.

Suspension and other actions

• In addition to the rights to terminate hereunder, DUA BEAUTY reserves the right at any time without notice to you and without owing any liability to you, to modify, suspend, discontinue temporarily, your Account and/or our engagement/dealings with you if DUA BEAUTY resolves that it does not wishes to transact with you for whatsoever reasons. The exercise of DUA BEAUTY’s rights under this paragraph does not prejudice or prevent DUA BEAUTY from exercising its right to terminate your Account and/or our dealings/engagement with you.

• Upon termination or suspension of your Account and/or our engagement/dealings with you, effective immediately, we will cease to effect or carry out any transactions and the status quo will remain as such either perpetually, for any duration as DUA BEAUTY may solely decide or pending further instructions from the relevant regulatory authorities (as applicable). DUA BEAUTY will also cease from processing any of your Product orders and/or in any way engage with you.

• In the event of termination, suspension and/or any other form of actions against your Account and/or your dealings/engagement with us, DUA BEAUTY reserves the right at its sole discretion to suspend, cancel and/or take any action it deems fit in respect of any pending and/or existing orders for Products and/or other requests which you make to us during such times.

• The Customers acknowledge that the breach of any part of this Terms and Conditions or any act of default by the Customers may cause irreparable damage to DUA BEAUTY and its commercial reputation, making monetary damages/claims alone insufficient to address any such damage caused to DUA BEAUTY. In an event of breach by the Customers of any part of this Terms and Conditions, in addition to claim for Losses and monetary damages, DUA BEAUTY is entitled to demand from the Customers remedies such as specific performance, injunctions and/or any other equitable remedies within the Laws.

3. TRANSACTIONS WITH AUTHORISED PARTIES

• DUA BEAUTY may, from time to time, opt to work together with Authorised Parties for the sale and distribution of the Products. DUA BEAUTY will keep updated on the Website a list of its Authorised Parties.

• Save for DUA BEAUTY and the Authorised Parties, you shall not deal with and/or purchase the Products from any other party. You are advised to contact DUA BEAUTY’s customer service to enquire on any uncertainties and/or to verify the authority of any 3^rd party purportedly representing DUA BEAUTY.

4. DUA BEAUTY’S RIGHTS

• At any juncture DUA BEAUTY reserves the right to:

• from time to time, amend, modify, vary and update this Terms and Conditions and/or any other notices, circulars, instructions, directives and/or documents it issues;

• issue any additional instructions and/or notice to inform you of any development in respect of your Products, the Sites and/or DUA BEAUTY’s business and such instructions and/or notice shall by express reference, form part of this Terms and Conditions;

• send to you promotional and marketing materials and/or advertisements to inform you of our latest Products;

• carry out continuous due diligence on you in connection to your engagement with DUA BEAUTY and/or our Sites;

• request relevant documents from Customers and should any Customer be found to be in breach of any of DUA BEAUTY’s Terms and Conditions and/or any other notices, circulars, instructions, directives and/or documents, DUA BEAUTY is entitled to immediately terminate any contractual relationship with such Customer and deny access to the Accounts and/or purchase of Products to such Customer; and

• make use of, disclose, divulge or reveal any information relating to you in such manner and to such extent as DUA BEAUTY shall from time to time consider necessary to any consultant, agent or subcontractor or to any person for any purpose in connection with any matters related to the operation, maintenance and proper functioning of the Sites, Products and/or for any purpose pursuant to the Laws.

 

PART V – CLAIMS, LIABILITIES AND INDEMNIFICATION

1. LIMITATION OF LIABILITY ON PRODUCTS

• All express warranties, representations, performance levels, specifications, external and internal outlook, the Products’ fitness for its purpose, its effectiveness and functionality and/or all aspects of the Products are as indicated and represented in the Products Catalogue. Subject to the provisions under the Laws, DUA BEAUTY makes no warranty and expressly disclaims any implied warranty in relation to the fitness for purpose, merchantability, effectiveness, performance, use, nature or quality of the Products and hereby disclaims all other warranties, promises and obligations, including any warranties, promises and obligations arising from a course of dealing or usage of trade. In no event shall DUA BEAUTY be liable for indirect, incidental or consequential damages whether in contract, tort, negligence or otherwise.

• Notwithstanding this Terms and Conditions and our limitation of liability hereunder and to the extent that the Laws place an obligation or liability on DUA BEAUTY for the provision of the Products and/or any aspect of our engagement with you, the aggregate liability of DUA BEAUTY in contract, tort (including negligence or breach of statutory duty) or otherwise arising by reason of or in connection with your use of the Products and/or any aspect of our engagement with you shall not in any event exceed the amount which you have paid to us for such relevant Products and/or any aspect of our engagement with you (exclusive of Taxes, delivery charges and/or disbursements, if any) and shall not include any other loss or damage, including indirect, special, consequential, incidental, exemplary or punitive damages, including loss of profits, production, or revenues.

2. LIMITATION OF LIABILITY ON USE OF THE SITES

• The Customers are aware and acknowledge that the Sites and/or any other application or technology involved to make available the Products is provided on an “as is” basis and whilst DUA BEAUTY will take all reasonable efforts to keep the same available and operational at all times, DUA BEAUTY does not guarantee that the aforementioned applications and technology will be performed error-free or uninterrupted as the applications and technology is running on a web-based application and is a digital application (as applicable) that is subject to the standard disruptive factors relating to network facilities and internet connections (whether wireless or otherwise). In the event of dissatisfaction, the Customers may opt to cease usage of the Sites, applications and/or technology with no liability on our part.

• All access and downloads of content or information from the Sites and/or such other webpages or linked webpages shall be at your own risk and DUA BEAUTY shall not be liable for any loss of data or interruption due to the usage of any such downloaded content or information.

• Access to the Sites may at any time be disrupted, suspended and/or temporarily ceased due to scheduled or non-scheduled maintenance at the sole discretion of DUA BEAUTY.

• DUA BEAUTY shall not be responsible directly or indirectly for any system or internet connection failure, error, omission, interruption, delay in transmission or computer virus that causes any non-provision of the Products, access to the Sites and/or delay to the same. Please be informed that DUA BEAUTY will carry out and execute gradual and/or consistent upgrades, modifications and/or updates to the Sites. DUA BEAUTY does not warrant and/or represent (expressly, impliedly or otherwise) that the aforesaid upgrades, modifications and/or updates will be compatible with your mobile and/or other electronic devices following such upgrades, modifications and/or updates. You are responsible to take the required actions to adjust your mobile and/or electronic devices so as to attain compatibility with our updated, modified and/or upgraded versions. DUA BEAUTY is not to be held liable for any liability, loss, damages, cost and expense suffered and/or incurred due to any incompatibility issues.

3. INDEMNITY

You agree to indemnify and hold DUA BEAUTY, and our subsidiaries, affiliates, directors, officers, agents, and employees, harmless from and against all suits, actions, demands, claims, liabilities, damages, expenses, costs and/or any form of Losses whatsoever arising under any Laws (including all legal fees), made by any third party due to or arising out of or resulting from your breach of any of the Terms and Conditions and/or any other notices, circulars, instructions, directives and/or documents or through any default, omission or negligence on your part in your use of the Products. The aforesaid indemnity shall survive the termination of your transactions and/or dealings with DUA BEAUTY with respect to any breach, default, omission or negligence carried out during your duration of transaction with DUA BEAUTY.

 

PART VI – DISPUTE RESOLUTION

1. DISPUTE RESOLUTION

Parties shall endeavour to discuss and amicably settle any controversy, dispute or claim arising out of or in connection with this Terms and Conditions. Where the Parties are unable or unwilling to settle any dispute amicably, the Parties shall resort to the tribunal for consumer claims relating to the dispute in question before proceeding to the civil courts (as applicable).

2. GOVERNING LAW AND JURISDICTION

This Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and the Parties hereby agree to submit to the exclusive jurisdiction of the courts of Malaysia.

3. COMMUNICATION

 If you have any enquiries or comments with respect to our Sites and/or Products, you may contact DUA BEAUTY at:

 

Address	:	No. 7, Jalan Serendah 26/41, Hicom Industrial Estate, 40400 Shah Alam, Selangor.
Contact No.	:	+6011 3999 7222
Email Address	:	hello@wearedua.com

 

PART VII – INTELLECTUAL PROPERTY RIGHTS

1. INTELLECTUAL PROPERTY RIGHTS

• The Customers acknowledge and agree that DUA BEAUTY exclusively owns its Intellectual Property Rights (and with respect of the Products, any such right as assigned by the manufacturers) and such rights shall remain vested in DUA BEAUTY and the Customers shall in no circumstances, knowingly do or permit anything to be done, which would or may likely harm, diminish or jeopardise the same. Except as otherwise expressly allowed under this Terms and Conditions, the Customers are not permitted to utilise in any way the Intellectual Property Rights of DUA BEAUTY unless prior written consent of DUA BEAUTY has been procured for such utilisation.

• In circumstances where DUA BEAUTY is of the view that its Intellectual Property Rights are being infringed upon, misused, misrepresented and/or in any way utilised in a manner not agreed by DUA BEAUTY, the relevant Customers shall immediately carry out the corrective and/or rectification steps below as DUA BEAUTY may request in mitigation of the infringement:

• remove and cease utilisation of the Intellectual Property Rights;

• recover, repossess and/or destroy all materials documents and/or resources which are involved as part of the infringement of the Intellectual Property Rights (hard copy, digital or otherwise); and

• any such other corrective and/or rectification action as DUA BEAUTY may indicate to the Customers.

• Notwithstanding any corrective and/or rectification actions which the Customer carries out, the Customer shall keep DUA BEAUTY fully indemnified against all Losses which arise from an infringement of the Intellectual Property Rights. The Customer also acknowledges that any infringement of the Intellectual Property Rights may cause irreparable damage to DUA BEAUTY and in such circumstances, monetary compensation alone will be inadequate to rectify the damage already inflicted. In such scenarios, DUA BEAUTY is entitled to resort to equitable remedies including injunctions, specific performance and any other suitable recourse.

 

PART VIII – GENERAL CLAUSES

1. CONFIDENTIALITY

• Unless otherwise required by Laws, the Parties agree to maintain confidentiality of all information relating to the transactions for the Products, any other engagements between Parties and in respect of all documents / information exchanged between Parties, but nothing in this paragraph shall prevent a Party from disclosing information on a legal basis or to its legal, financial, tax adviser or any potential financier subject to similar confidentiality undertakings.

• This confidentiality obligation shall survive the termination of the relationship between Parties and continue perpetually to the extent permitted by the Laws.

2. MODIFICATION / VARIATION / REVISION

DUA BEAUTY reserves the right to modify, vary and/or revise this Terms and Conditions without prior notice to you at any time from time to time and any such modification / variation / revision shall be effective on the following day of our business from the date of our notice to you on our Sites. It is your responsibility to read and understand the Terms and Conditions and any revisions thereof, prior to and during your engagement with us and/or regarding the Products. Your continued engagement with us and/or use of any of the Sites will be deemed as your acceptance to the revisions made to this Terms and Conditions.

DUA BEAUTY also reserves the right to vary, modify, upgrade, amend and/or otherwise change the content, layout and/or operation of the Sites and/or our promotional materials. Unless otherwise stated, this Terms and Conditions shall be applicable to all such varied, modified, upgraded, amended and/or changed Sites and/or our promotional materials.

3. SEVERABILITY

If any provisions in this Terms and Conditions are deemed invalid, void or cannot be enforced under any Laws, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of this Terms and Conditions, all of which shall remain in full force and effect. Parties shall use reasonable efforts to replace such provisions with a valid provision the effect of which is closest to the intended effect of the invalid or unenforceable provision.

4. PERSONAL DATA PROTECTION

DUA BEAUTY will handle, process and store all information and Personal Data provided by you in accordance with the relevant personal data protection laws as well as DUA BEAUTY’s privacy policy. By your engagement with us and sharing of your Personal Data with us, you are deemed to have acknowledged that you have read, understood and agreed to our privacy policy and have agreed and consented to our collection, use and process of your Personal Data for the purposes set out in our privacy policy. You may refer to our privacy policy made available on our Website.

5. LANGUAGE

All notices or formal communications under or in connection with this Terms and Conditions shall be in the English language. Any translation of this Terms and Conditions (if any) is provided solely for your convenience and is not intended to modify any part of this Terms and Conditions. The English version of this Terms and Conditions shall be your primary reference in all respects and shall prevail in all cases of inconsistency with any translated versions.

6. WAIVER OF RIGHTS

No failure or delay by any Party in exercising any right, power or remedy under this Terms and Conditions shall operate as a waiver, nor shall any single or partial exercise of the same preclude any further exercise or the exercise of any other right, power or remedy unless such a waiver is made in writing.

7. NO ASSIGNMENT

You must not assign or otherwise transfer any of your rights or obligations under and pursuant to this Terms and Conditions to any third party.

8. TAXATION

In Malaysia, SST is levied and charged on the consumption of goods and services with such tax amount to be borne by the end consumer. Accordingly, any final price of Products provided by DUA BEAUTY will include the relevant SST amount, where applicable.

In addition to the aforesaid, any Taxes assessed to be payable to the tax authority or other governmental authorities shall be payable in full or withheld (as applicable) by the relevant party required to pay or withhold as such under the Laws/any laws, over and above the purchase price for the Products and/or other payables.

9. NON-SPECIFIED MATTERS

Any aspect not expressly indicated in this Terms and Conditions or not otherwise clearly interpreted from the same shall be subject to DUA BEAUTY’s final assessment and decision, subject to the Laws.

10. FORCE MAJEURE

DUA BEAUTY shall not be liable for any delay, non-performance of its obligations or any material part hereof and shall be relieved of its obligations under this Terms and Conditions in the event a Force Majeure event takes place. For the avoidance of doubt, an event of “Force Majeure” includes any event or circumstance where there is a riot, war, epidemic, pandemic, restrictive order(s) imposed by an appropriate authority (including government departments or bodies), disease outbreak, invasion act of enemies, earthquake, floods, fire or other natural disasters, strikes, industrial disputes by the labours and government regulations.

Where a Force Majeure event takes place and unless otherwise determined by DUA BEAUTY, DUA BEAUTY’s duty to perform its obligations under the Terms and Conditions and/or any other official document issued by DUA BEAUTY, shall be suspended for so long as the event continues and the time for DUA BEAUTY’s performance of its obligations shall correspondingly be extended by a period of time equivalent to the duration of the event taking place. Should the Force Majeure event continue beyond three (3) months, DUA BEAUTY has the sole right to terminate any obligations hereunder without liabilities to DUA BEAUTY.

11. ACCESS

The Customers, by signing up with DUA BEAUTY and continuing with their Accounts, unequivocally and irrevocably agree to permit DUA BEAUTY full authority to access information and data related to their Accounts and/or any part of their association with DUA BEAUTY without further need to inform the Customers in the event where DUA BEAUTY sees the need for such checks. Upon DUA BEAUTY’s request, where more information is required, the Customers will exhibit full cooperation and provide DUA BEAUTY with all information, documents and/or details as may be required within seven (7) Business Days from a request or any such timeline as is mutually agreed.

12. VERSIONS

The most updated version of this Terms and Conditions (by indication of the date stated herein) shall prevail over any previous versions.

13. FUTURE NOTICES

DUA BEAUTY reserves the rights to issue memos, notices, circulars and/or explanatory notes to update and/or clarify on the contents of this Terms and Conditions, after the date of this Terms and Conditions (“Updated Notices”). In the event of any inconsistencies between the Updated Notices and the contents of this Terms and Conditions, the contents of the Updated Notices shall prevail in so far as the relevant inconsistency is concerned. DUA BEAUTY will also, from time to time, update this Terms and Conditions and issue a refreshed version of the Terms and Conditions. In any event, the latest dated documents will prevail.

 

Last updated on: 8 December 2023