Terms & Conditions


Welcome to the janacosmetics.com website (the "Site"). These terms and conditions ("Terms and

Conditions") apply to the Site

By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do

not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves

the right, to change, modify, add, or remove portions of these Terms and Conditions of use at

any time. Changes will be effective when posted on the Site with no other notice provided.

Please check these Terms and Conditions of use regularly for updates. Your continued use of the

Site following the posting of changes to these Terms and Conditions of use constitutes your

acceptance of those changes.


We grant you a non-transferable and revocable license to use the Site, under the Terms and

Conditions described, for the purpose of shopping for personal items sold on the Site.

Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted

by us in advance. Any breach of these Terms and Conditions shall result in the immediate

revocation of the license granted in this paragraph without notice to you.

Content provided on this site is solely for informational purposes. Product representations

expressed on this Site are those of the vendor and are not made by us. Submissions or opinions

expressed on this Site are those of the individual posting such content and may not reflect our


Certain services and related features that may be made available on the Site may require

registration or subscription. Should you choose to register or subscribe for any such services or

related features, you agree to provide accurate and current information about yourself, and to

promptly update such information if there are any changes. Every user of the Site is solely

responsible for keeping passwords and other account identifiers safe and secure. The account

owner is entirely responsible for all activities that occur under such password or account.

Furthermore, you must notify us of any unauthorized use of your password or account. The Site

shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any

kind incurred as a result of, or in connection with, your failure to comply with this section.


Anything that you submit to the Site and/or provide to us, including but not limited to, questions,

reviews, comments, and suggestions (collectively, "Submissions") will become our sole and

exclusive property and shall not be returned to you. In addition to the rights applicable to any

Submission, when you post comments or reviews to the Site, you also grant us the right to use

the name that you submit, in connection with such review, comment, or other content. You shall

not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us

or third parties as to the origin of any Submissions. We may, but shall not be obligated to,

remove or edit any Submissions.


Please note that there are cases when an order cannot be processed for various reasons. The Site

reserves the right to refuse or cancel any order for any reason at any given time. You may be

asked to provide additional verifications or information, including but not limited to phone

number and address, before we accept the order.

We are determined to provide the most accurate pricing information on the Site to our users;

however, errors may still occur, such as cases when the price of an item is not displayed

correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event

that an item is mispriced, we may, at our own discretion, either contact you for instructions or

cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel

any such orders whether or not the order has been confirmed and your credit card or bank

account charged.


All intellectual property rights, whether registered or unregistered, in the Site, information

content on the Site and all the website design, including, but not limited to, text, graphics,

software, photos, video, music, sound, and their selection and arrangement, and all software

compilations, underlying source code and software shall remain our property. The entire contents

of the Site also are protected by copyright as a collective work under The United Kingdom

copyright laws and international conventions. All rights are reserved.


These Terms and Conditions shall be interpreted and governed by the laws in force in The

United Kingdom. Subject to the Arbitration section below, each party hereby agrees to submit to

the jurisdiction of the courts of Government of The United Kingdom to waive any objections

based upon venue.


Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will

be referred to and finally settled by private and confidential binding arbitration before a single

arbitrator held in The United Kingdom in English and governed by The United Kingdom law.

The arbitrator shall be a person who is legally trained and who has experience in the information

technology field in The United Kingdom and is independent of either party. Notwithstanding the

foregoing, the Site reserves the right to pursue the protection of intellectual property rights and

confidential information through injunctive or other equitable relief through the courts.


In addition to any other legal or equitable remedies, we may, without prior notice to you,

immediately terminate the Terms and Conditions or revoke any or all of your rights granted

under the Terms and Conditions. Upon any termination of this Agreement, you shall

immediately cease all access to and use of the Site and we shall, in addition to any other legal or

equitable remedies, immediately revoke all password(s) and account identification issued to you

and deny your access to and use of this Site in whole or in part. Any termination of this

agreement shall not affect the respective rights and obligations (including without limitation,

payment obligations) of the parties arising before the date of termination. You furthermore agree

that the Site shall not be liable to you or to any other person as a result of any such suspension or


Terms of Use

1. Interpretation

1.1 In these Conditions:

"Buyer" means the person who accepts a quotation of Janacosmetics for the supply of Goods or

who otherwise enters into a contract for the supply of Goods with Janacosmetics;

"Conditions" mean the general terms and conditions set out in this document and (unless the

context otherwise requires) any special terms and conditions agreed in writing between the

Buyer and Janacosmetics;

"Contract" means the contract for the purchase and sale of Goods, howsoever formed or


"Goods" means the goods (including any instalment of the goods or any parts for them) which

Janacosmetics is to supply in accordance with a Contract;

"Writing" includes electronic mail facsimile transmission and any comparable means of


2. Basis of the Contract

2.1 The supply of Goods by Janacosmetics to the Buyer under any Contract shall be subjected to

these Conditions which shall govern the Contract to the exclusion of any other terms and

conditions contained or referred to in any documentation submitted by the Buyer or in

correspondence or elsewhere or implied by trade custom practice or course of dealing.

2.2 Any information made available in Janacosmetics’s website connection with the supply of

Goods, including photographs, drawings, data about the extent of the delivery, appearance,

performance, dimensions, weight, consumption of operating materials, operating costs, are not

binding and for information purposes only. In entering into the Contract the Buyer acknowledges

that it does not rely on and waives any claim based on any such representations or information

not so confirmed.

2.3 No variation to these Conditions shall be binding unless agreed in writing between the

authorised representatives of the Buyer and Janacosmetics.

2.4 Any typographical clerical or other error or omission in any quotation, invoice or other

document or information issued by Janacosmetics in its website shall be subject to correction

without any liability on the part of Janacosmetics.

3. Orders and Specifications

3.1 Order acceptance and completion of the contract between the Buyer and Janacosmetics will

only be completed upon Janacosmetics issuing a confirmation of dispatch of the Goods to the

Buyer. For the avoidance of doubt, Janacosmetics shall be entitled to refuse or cancel any order

without giving any reasons for the same to the Buyer prior to issue of the confirmation of

dispatch. Janacosmetics shall furthermore be entitled to require the Buyer to furnish

Janacosmetics with contact and other verification information, including but not limited to

address, contact numbers prior to issuing a confirmation of dispatch.

3.2 No concluded Contract may be modified or cancelled by the Buyer except with the

agreement in writing of Janacosmetics and on terms that the Buyer shall indemnify

Janacosmetics in full against all loss (including loss of profit) costs (including the cost of all

labour and materials used) damages charges and expenses incurred by Janacosmetics as a result

of the modification or cancellation, as the case may be.

4. Price

The price of the Goods and/or Services shall be the price stated in Janacosmetics’s website at the

time which the Buyer makes its offer purchase to Janacosmetics. The price excludes the cost of

packaging and delivery charges, any applicable goods and services tax, value added tax or

similar tax which the Buyer shall be liable to pay to Janacosmetics in addition to the price.

5. Terms of Payment

5.1 The Buyer shall be entitled to make payment for the Goods pursuant to the various payment

methods set out in Janacosmetics’s website. The terms and conditions applicable to each type of

payment, as contained in Janacosmetics's website, shall be applicable to the Contract.

5.2 In addition to any additional terms contained in Janacosmetics’s website, the following terms

shall also apply to the following types of payment:

5.2.1 Credit Card

Credit Card payment option is available for all Buyers. Janacosmetics accepts all Visa and

MasterCards, both Credit and Debit, and is 3D Secure (Verified by Visa, and MasterCard

Secure) enabled. All your credit card information are protected by means of industry- leading

encryption standards.

Please take note that additional charges may be incurred if you are using a non- United Kingdom

issues card due to Foreign Exchange.

5.2.2 Debit Cards

Janacosmetics accepts all The United Kingdom Visa and MasterCard debit cards where subject

to bank availability. All debit card numbers shall be protected by means of industry-leading

encryption standards.

5.2.3 Online Banking

i. By choosing this payment method, the Buyer shall transfer the payment for the Goods to a

Janacosmetics’s account for the total amount of the Buyer’s purchase (including any applicable

taxes, fees and shipping costs). The transaction must be payable in Ringgit The United Kingdom.

Janacosmetics, in its sole discretion, may refuse this payment option service to anyone or any

user without notice for any reason at any time.

6. Delivery/Performance

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

6.2 Janacosmetics has the right at any time to sub-contract all or any of its obligations for the

sale/delivery of the Goods to any other party as it may from time to time decide without giving

notice of the same to the Buyer.

6.3 Any dates quoted for delivery of the Goods are approximate only. The time for

delivery/performance shall not be of the essence, and Janacosmetics shall not be liable for any

delay in deliv-ery or performance howsoever caused.

6.4 If Janacosmetics has failed to deliver the Goods in accordance with the Contract or within a

reasonable time, the Buyer shall be entitled, by serving written notice on Janacosmetics, to

demand performance within a specified time thereafter, which shall be at least 14 days. If

Janacosmetics fails to do so within the specified time, the Buyer shall be entitled to terminate the

Contractin respect of the undelivered Goods and claim compensation for actual loss and expense

sustained as a result of Janacosmetics’s non-performance, which was foreseeable at the time of

conclusion of the Contract and resulting from the usual course of events, subject always to the

limitations set out in Condition 12.4.

6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause

beyond the Buyer's reasonable control or by reason of Janacosmetics's fault) then without

prejudice to any other right or remedy available to Janacosmetics Janacosmetics may:

6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable

storage and selling expenses) account to the Buyer for the excess over the price under the

Contract provided the price has been paid in cleared funds in full or charge the Buyer for any

shortfall below the price under the Contract; or

6.5.2 terminate the Contract and claim damages.

7. Risk and property of the Goods

7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the

Buyer wrongfully fails to take delivery of the Goods, the time when Janacosmetics has tendered

delivery of the Goods.

7.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these

Conditions the property in the Goods shall not pass to the Buyer until Janacosmetics has received

in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to

be sold by Janacosmetics to the Buyer for which payment is then due.

7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the

Goods as Janacosmetics's fiduciary agent and bailee and shall keep the Goods separate from

those of the Buyer.

7.4 The Buyer agrees with Janacosmetics that the Buyer shall immediately notify Janacosmetics

of any matter from time to time affecting Janacosmetics’s title to the Goods and the Buyer shall

provide Janacosmetics with any in-formation relating to the Goods as Janacosmetics may require

from time to time.

7.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are

still in existence and have not been resold) Janacosmetics shall be entitled at any time to demand

the Buyer to deliver up the Goods to Janacosmetics and in the event of non-compliance

Janacosmetics reserves it’s right to take legal action against the Buyer for the delivery up the

Goods and also reserves its right to seek damages and all other costs including but not limited to

legal fees against the Buyer.

7.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any

indebtedness any of the Goods which remain the property of Janacosmetics but if the Buyer does

so all moneys owing by the Buyer to Janacosmetics shall (without prejudice to any other right or

remedy of Janacosmetics) forthwith become due and payable.

7.8 If the provisions in this Condition 7 are not effective according to the law of the country in

which the Goods are located, the legal concept closest in nature to retention of title in that

country shall be deemed to apply mutatis mutandis to give effect to the underlying intent

expressed in this condition, and the Buyer shall take all steps necessary to give effect to the


7.9 The Buyer shall indemnify Janacosmetics against all loss damages costs expenses and legal

fees in-curred by the Buyer in connection with the assertion and enforcement of Janacosmetics's

rights under this condition.

8. Warranties and Remedies

8.1 Subject as expressly provided in these Conditions all other warranties conditions or terms,

including those implied by statute or common law, are excluded to the fullest extent permitted by


8.2 Subject to this Condition 8, Janacosmetics warrants that the Goods will correspond with their

specification at the time of delivery, and agrees to remedy any non-conformity therein for a

period of 12 months commencing from the date on which the Goods are delivered or deemed to

be delivered ("Warranty Period"). Where the Buyer is dealing as a consumer (within the meaning

of the Sale of Goods Act and the Consumer Protection Act), Janacosmetics further gives to the

Buyer such implied warranties as cannot be excluded by law.

8.2.1 Janacosmetics’s above warranty concerning the Goods is given subject to the following


(a) No condition is made or to be implied nor is any warranty given or to be implied as to the life

or wear of the Goods supplied or that they will be suitable for any particular purpose or use

under any specific conditions, notwithstanding that such purpose or conditions may be known or

made known to Janacosmetics.

(b) Any description given of the Goods is given by way of identification only and the use of such

description shall not constitute a sale by description.

(c) Janacosmetics binds itself only to deliver Goods in accordance with the general description

under which they were sold, whether or not any special or particular description shall have been

given or shall be implied by law. Any such special or particular description shall be taken only as

the expression of Janacosmetics's opinion in that behalf. Janacosmetics does not give any

warranty as to the quality state condition or fitness of the Goods.

(d) Janacosmetics shall be under no liability for the following measures and actions taken by the

Buyer or third parties and the consequences thereof: improper remedy of de-fects, alteration of

the Goods without the prior agreement of Janacosmetics, addition and insertion of parts, in

particular of spare parts which do not come from Janacosmetics.

(e) Janacosmetics shall be under no liability in respect of any defect arising from unsuitable or

improper use, defective installation or commissioning by the Buyer or third parties, fair wear and

tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling,

improper maintenance, excessive load, unsuitable operating materials and replacement materials,

poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences,

failure to follow Janacosmetics's instructions (whether oral or in writing) misuse or alteration or

repair of the Goods without Janacosmetics's approval.

(f) Janacosmetics is not liable for any loss damage or liability of any kind suffered by any third

party directly or indirectly caused by repairs or remedial work carried out without

Janacosmetics’s prior written approval and the Buyer shall indemnify Janacosmetics against each

loss liability and cost arising out of such claims.

(g) Janacosmetics shall be under no liability under the above warranty (or any other warranty

condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the

due date for payment.

(h) Janacosmetics shall be under no liability whatsoever in respect of any defect in the Goods

arising after the expiry of the Warranty Period.

8.2.2 Any claim by the Buyer which is based on any defect in the quality or condition of the

Goods or their failure to correspond with specification shall be notified to Janacosmetics within

seven days from the date of receipt of the Goods or (where the defect or failure was not apparent

on reasonable inspection) within a reasonable time after discovery of the defect or failure.

During use, the Goods shall be monitored constantly with regard to safety and defects. If there

are even slight reservations concerning the suitability for use or the slightest reservations

concerning safety, the Goods must not be used. Janacosmetics shall be given written notification

immediately, specifying the reservations or the defect. However in no event shall the Buyer be

entitled to reject the Goods on the basis of any defect or failure, except where the failure is such

that the Goods delivered are of a fundamentally different nature than those which Janacosmetics

had contracted to deliver.

8.2.3 If the Buyer does not give due notification to Janacosmetics in accordance with the

Condition 8.2.2, Janacosmetics shall have no liability for any defect or failure or for any

consequences re-sulting therefrom. Where any valid claim in respect of any of the Goods which

is based on any defect in the quality or condition of the Goods or their failure to meet a

specification is notified to Janacosmetics in accordance with Condition 8.2.2, the non-

conforming Goods (or part thereof) will be repaired or replaced free of charge as originally

ordered. Where the Goods have not been repaired or replaced within a reasonable time, despite a

written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in

proportion to the reduced value of the Goods, provided that under no circumstance shall such

reduction exceed 15% of the price of the affected Goods. In lieu of repair or replacement,

Janacosmetics may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair,

replacement or price reduction being made as aforesaid, the Buyer shall have no further claim

against Janacosmetics.

8.2.4 When Janacosmetics has provided replacement Goods or given the Buyer a refund, the

non-conforming Goods or parts thereof shall become Janacosmetics’s property.

9. Force Majeure

9.1 Janacosmetics shall not be liable to the Buyer or be deemed to be in breach of the Contract

by reason of any delay in performing or any failure to perform any of Janacosmetics's obligations

if the delay or failure was due to any cause beyond Janacosmetics's reasonable control. Without

prejudice to the generality of the foregoing the following shall be regarded as causes beyond

Janacosmetics's reasonable control:

9.1.1 Act of God, explosion, flood, tempest, fire or accident;

9.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;

9.1.3 acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part

of any governmental parliamentary or local authority;

9.1.4 import or export regulations or embargoes;

9.1.5 interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether

involving employees of Janacosmetics or of a third party);

9.1.6 interruption of production or operation, difficulties in obtaining raw materials labour fuel

parts or machinery;

9.1.7 power failure or breakdown in machinery.

9.2 Upon the happening of any one of the events set out in Condition 9.1 Janacosmetics may at

its option:-

9.2.1 fully or partially suspend delivery/performance while such event or circumstances


9.2.2 terminate any Contract so affected with immediate effect by written notice to the Buyer and

Janacosmetics shall not be liable for any loss or damage suffered by the Buyer as a result thereof.

10. Insolvency of Buyer

10.1 This condition applies if:

10.1.1 the Buyer makes any voluntary arrangement with its creditors or becomes subject to an

administration order or (being an individual or firm) becomes bankrupt or (being a company)

goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or

10.1.2 an encumbrancer takes possession or a receiver is appointed of any of the property or

assets of the Buyer; or

10.1.3 the Buyer ceases - or threatens to cease - to carry on business; or

10.1.4 Janacosmetics reasonably apprehends that any of the events mentioned above is about to

occur in relation to the Buyer and notifies the Buyer accordingly.

10.2 If this condition applies then without prejudice to any other right or remedy available to

Janacosmetics, Janacosmetics shall be entitled to cancel the Contract or suspend any further

delivery/performance under the Contract without any liability to the Buyer and if Goods have

been delivered but not paid for the price shall become immediately due and payable

notwithstanding any previous agreement or arrangement to the contrary.

11. Notices

Any notice required or permitted to be given by either party to the other under these Conditions

shall be in writing addressed, if to Janacosmetics, to its registered office or principal place of

business and if to the Buyer, to the address stipulated in the relevant offer to purchase.

12. Liability

12.1 Janacosmetics shall accept liability to the Buyer for death or injury resulting from its own or

that of its employees' negligence. Save as aforesaid, Janacosmetics’s liability under or in

connection with the Contract shall be subject to the limitations set out in this Condition 12.

12.2 Janacosmetics shall be under no liability whatsoever where this arises from a reason beyond

its reasona-ble control as provided in Condition 9 or from an act or default of the Buyer.

12.3 In no event shall Janacosmetics be liable for loss of profit or goodwill, loss of production or

revenue or any type of special indirect or consequential loss whatsoever (including loss or

damage suffered by the Buyer as a result of an action brought by a third party) even if such loss

were reasonably foreseeable or Janacosmetics had been advised of the possibility of the Buyer

incurring the same.

12.4 Where time of performance has been agreed by Janacosmetics becomes the essence of the

Contract by means of notice by the Buyer to Janacosmetics, as provided for in Clause 6.4, and

Janacosmetics fails to comply with its obligations in due time, so that the Buyer becomes entitled

to compensation in accordance with Condition 6.4, Janacosmetics’s liability shall be limited to

an amount of ½% for each full week of delay, in total to a maximum cumulative amount of 5%,

of the value of the delayed Goods.

12.5 The remedies set out in Condition 8 are the Buyer’s sole and exclusive remedies for non-

conformity of or defects in the Goods or Services and Janacosmetics’s liability for the same shall

be limited in the manner specified in Condition 8.

12.6 Without prejudice to the sub-limits of liability applicable under this Condition 12 or

elsewhere in these Conditions, Janacosmetics’s maximum and cumulative total liability

(including any liability for acts and omissions of its employees agents and sub-contractors) in

respect of any and all claims for defective performance, breach of contract, compensation,

indemnity, tort, misrepresentation, negligence at law or equity and any other damages or losses

which may arise in connection with its performance or non-performance under the Contract,

shall not exceed the total Contract price.

12.7 If a number of events give rise substantially to the same loss they shall be regarded as

giving rise to only one claim under these Conditions.

12.8 No action shall be brought by Janacosmetics later than 12 months after the date it became

aware of the circumstances giving rise to a claim or the date when it ought reasonably to have

become aware, and in any event, no later than 12 months after the end of the Warranty Period.

13. Termination

13.1 On or at any time after the occurrence of any of the events in condition 13.2 Janacosmetics

may stop any Goods in transit, suspend further deliveries to the Buyer and exercise its rights

under Condition 7 and/or terminate the Contract with the Buyer with immediate effect by written

notice to the Buyer.

13.2 The events are:-

13.2.1 the Buyer being in breach of an obligation under the Contract;

13.2.2 the Buyer passing a resolution for its winding up or a court of competent jurisdiction

making an order for the Buyer’s winding up or dissolution;

13.2.3 the making of an administration order in relation to the Buyer or the appointment of a

receiver over or an encumbrancer taking possession of or selling any of the Buyer’s assets;

13.4. the Buyer making an arrangement or composition with its creditors generally or applying to

a Court of competent jurisdiction for protection from its creditors.

14. General

14.1 Unless the context otherwise requires, any term or expression which is defined in or given a

particular meaning by the provisions of Incoterms shall have the same meaning in these

Conditions but if there is any conflict between the provisions of Incoterms and these Conditions,

the latter shall prevail.

14.2 No waiver by Janacosmetics of any breach of the Contract by the Buyer shall be considered

as a waiver of any subsequent breach of the same or any other provision.

14.3 If any provision of these Conditions is held by any competent authority to be invalid or

unenforceable in whole or in part the validity of the other provisions of these Conditions and the

remainder of the provision in question shall not be affected thereby.

14.4 No person who is not a party to this Contract (including any employee officer agent

representative or sub-contractor of either party) shall have any right under the Contracts (Rights

of Third Parties) Act to enforce any terms of this Contract which expressly or by implication

confers a benefit on that person without the express prior agreement in writing of the parties,

which the agreement must refer to Condition 3.2.

14.5 The Contract shall be governed by the laws of The United Kingdom and the Buyer agrees to

submit to the non-exclusive jurisdiction of the Courts in The United Kingdom, as provided for in

Clause 14.7.

14.6 Except as provided for in Clause 14.7, any dispute, controversy or claim arising out of or

relating to this contract, or the breach, termination or invalidity thereof shall be settled by

arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for

Arbitration (KLR-CA). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by

the Chairman of the KLRCA. The place of arbitration shall be Kuala Lumpur. Any award by the

arbitration tribunal shall be final and binding upon the parties.

14.7 Notwithstanding Clause 14.6, Janacosmetics shall be entitled to commence court legal

proceedings for the purposes of protecting its intellectual property rights and confidential

information by means of injunctive or other equitable relief.

14.8 The United Nations Convention on Contracts for the International Sale of Goods shall not

apply to any Contract for the sale of Goods.

14.9 Janacosmetics reserves their right to these terms and conditions of sale at any time.