Terms & Conditions
1. Introduction
1.1 These Terms and Conditions (“Terms”) govern your access to and use of the KENS Apothecary website [www.kensapothecary.com.my] (“Website”), including all purchases made through the Website.
1.2 By accessing, browsing, or using this Website, you agree to be bound by these Terms. If you do not agree, you must not use the Website.
1.3 These Terms constitute a legally binding agreement between you and KENS Apothecary Sdn. Bhd. (Company Registration No. [insert]), a company incorporated in Malaysia with its registered office at [insert address] (“KENS Apothecary,” “we,” “our,” or “us”).
2. Eligibility
2.1 You must be at least eighteen (18) years old and legally capable of entering into binding contracts under Malaysian law to use this Website.
2.2 If you are using this Website on behalf of another individual or entity, you represent that you are duly authorized to accept these Terms on their behalf.
3. Intellectual Property Rights
3.1 All content on this Website, including but not limited to text, images, graphics, logos, trademarks, product names, videos, and software, is owned by or licensed to KENS Apothecary and is protected under applicable copyright, trademark, and other intellectual property laws.
3.2 You may access and view the Website solely for personal, non-commercial use. Any reproduction, distribution, modification, or other unauthorized use of the Website content is strictly prohibited without prior written consent from KENS Apothecary.
4. Orders and Contract Formation
4.1 All orders placed through the Website are subject to acceptance by KENS Apothecary. We reserve the right, at our sole discretion, to reject or cancel any order, including but not limited to cases involving product unavailability, payment issues, or suspected fraudulent activity.
4.2 Upon placing an order, you will receive an automated acknowledgment by email. This acknowledgment does not constitute acceptance of your order. A binding contract is formed only when we confirm acceptance and dispatch of the products.
4.3 All orders are subject to our Shipping & Delivery Policy, available [here].
5. Pricing and Payment
5.1 All prices displayed on the Website are in Malaysian Ringgit (RM) and inclusive of applicable taxes, unless otherwise stated.
5.2 KENS Apothecary reserves the right to modify product prices at any time without prior notice. The price charged will be the price in effect at the time of order placement.
5.3 Payment must be made in full at the time of purchase using the payment methods available on the Website. By submitting an order, you represent and warrant that you are authorized to use the chosen payment method.
6. Shipping & Delivery
6.1 All deliveries are handled exclusively by Ninja Van. No alternative courier or shipping option is available.
6.2 Delivery times and applicable charges are set out in our Shipping & Delivery Policy, available [here], which forms an integral part of these Terms.
7. Returns, Refunds, and Exchanges
7.1 Returns are only accepted under the specific circumstances set out in our Returns, Refunds & Exchanges Policy, available [here], which forms an integral part of these Terms.
7.2 Please review that policy carefully before making a purchase, as it governs your rights and obligations in respect of returns, refunds, and exchanges.
8. Limitation of Liability
8.1 To the fullest extent permitted by law, KENS Apothecary shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to your use of the Website or the purchase of products.
8.2 Our liability for any direct damages shall not exceed the total purchase price paid for the product(s) giving rise to the claim.
8.3 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable law.
9. Indemnity
9.1 You agree to indemnify, defend, and hold harmless KENS Apothecary, its affiliates, officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, expenses, and costs (including legal fees) arising out of or related to your breach of these Terms or your misuse of the Website.
10. Force Majeure
10.1 KENS Apothecary shall not be held liable for any failure or delay in performing its obligations under these Terms due to events beyond its reasonable control, including but not limited to natural disasters, strikes, lockouts, industrial disputes, acts of terrorism, governmental restrictions, epidemics, or failures of telecommunication systems.
11. Governing Language
11.1 These Terms are drafted in English. In the event of any translation, the English version shall prevail.
12. Governing Law and Jurisdiction
12.1 These Terms shall be governed by and construed in accordance with the laws of Malaysia.
12.2 Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Malaysia.
13. Amendments
13.1 KENS Apothecary reserves the right to amend or update these Terms at any time without prior notice. Continued use of the Website following such changes constitutes acceptance of the revised Terms.
