Terms of Use and Purchase for Mary Kay Website and Online Shops

TERMS OF USE AND PURCHASE 

This website is operated by Mary Kay (Malaysia) Sdn. Bhd. (hereinafter, “Mary Kay”). The identification and contact details of the company are as follows:

Mary Kay (Malaysia) Sdn. Bhd.

Correspondence Address: Level 4, Uptown 7, No.7, Jalan SS21/39, Damansara Uptown, 47400 Petaling Jaya, Selangor, Malaysia

Phone: +603-2789 9099

This document (together with all the documents mentioned herein) establishes the terms and conditions governing the use of this website (marykay.com.my) and the purchase of products on it (hereinafter, the “Terms of use and Purchase” or “Terms”). These Terms apply to consumers accessing the web sites connected to Mary Kay (Malaysia) Sdn. Bhd., including marykay.com.my, the Consultant Connector that connects customers with Independent Beauty Consultants and their respective Mary Kay® My Shops (collectively, these sites are referred to as the “Web Sites”).

PLEASE READ THESE TERMS OF USE AND PURCHASE CAREFULLY BEFORE USING THE WEB SITES. BY USING THESE WEB SITES, YOU AGREE TO THESE TERMS. DO NOT USE THE WEB SITES IF YOU DO NOT AGREE TO THESE TERMS.

1.GENERAL INFORMATION 

Mary Kay is the manufacturer and supplier of cosmetics, perfumery and beauty-related products to members of its independent sales force (“Independent Beauty Consultants” or “IBC”). Independent Beauty Consultants make the retail sale of Mary Kay products to the end Consumer. To purchase products from an IBC online, a Consumer will connect with an IBC through www.marykay.com.my either by entering her required postal code into the Consultant Connector or manually searching for a specific IBC. Once connected, the Consumer can finalize her transaction and purchase products from her respective IBC’s Mary Kay® My Shop.

If the Consumer chooses to purchase a product without specifically selecting an IBC with whom to shop with, the Consumer understands that her order will be randomly assigned to an Independent Beauty Consultant for service and fulfillment.

Regardless of how a Consumer chooses to place her order on a Mary Kay® My Shop page, Mary Kay (Malaysia) Sdn. Bhd. only acts as an intermediary to facilitate the product purchase process between the Consumer and the Independent Beauty Consultant. The Consumer and the ultimate sale are those of the Independent Beauty Consultant.

The prices of the products displayed on the Web Sites are expressed in Malaysian Ringgit (RM) but exclude applicable taxes (e.g., Sales and Service Tax (SST), if applicable) while shipping costs (if applicable) and any applicable taxes will be added to the total amount due. Payments made through the Web Sites for the purchase of the products are made through a third-party payment processor with whom Mary Kay has contracted to enable a consumer payment option.

The price shown will be the final price to be paid by the Consumer. Any price or promotion other than what is published on www.marykay.com.my, will be the responsibility of the Independent Beauty Consultant and only enforceable against her.

2.HOW THE PURCHASE PROCESS WORKS

To make a purchase, the Consumer must access Mary Kay® My Shop page of his or her Independent Beauty Consultant and select the product or products he or she wishes to purchase. The Consumer must complete the corresponding form with the information necessary for the purchase. If a Consumer accesses through marykay.com.my without an Independent Beauty Consultant’s My Shop page, the Consumer will have the option to include the details of the Independent Beauty Consultant of his or her choice, or otherwise, the Web Site will randomly assign him or her an Independent Beauty Consultant taking into consideration the location of both parties, as referenced above. This Independent Beauty Consultant will provide the necessary follow-up and support in relation to the products and orders placed through the Web Site, with the purpose of promoting his or her independent business and strengthening the commercial relationship between the parties.

The Consumer may change the Independent Beauty Consultant assigned by the system by entering the mobile phone number of the Independent Beauty Consultant of the Consumer's choice or by manually searching for a new Independent Beauty Consultant through the Web Sites' Consultant Connector.

The selected products will be included in the shopping bag. Upon completion of the product selection, the Consumer must press the “Buy Now” button where he/she will be redirected to a payment operator where the order summary will be displayed and the payment details and information for the shipment of the products will be requested.

Upon completion of the purchase procedure by the Consumer, Mary Kay, on behalf of the Independent Beauty Consultant, will notify the Consumer at the email address provided by the Consumer of the order confirmation for the products ordered (“Order”) and will send transactional communications notifying Consumer of updates to his/her relevant order.

All orders are subject to product availability. To ensure the sale of products between the Independent Beauty Consultant and her Consumer, Mary Kay will hold in inventory the product(s) purchased by the Consumer until shipment of the Order. If there are difficulties in the supply of products or if items are out of stock, Mary Kay will refund any amount the Consumer may have paid.

Payment and Invoicing: The Consumer may make payment for his/her Order through the integrated third-party payment solution run by Stripe, Inc. or its affiliated entities (collectively “Stripe”) on www.marykay.com.my but on behalf of the Independent Beauty Consultant who is responsible for the sale. Stripe will be responsible for all collections and, if applicable, refunds related to payments made through this website. Consumer data is protected in accordance with Stripe's privacy policies available on Stripe's website.

The online payment for the total amount of the Order is charged immediately upon acceptance of the transaction. In the event that the payment method is not authorized and verified by Stripe, the purchase and sale of the Order and subsequent shipment will not be completed. This situation will be immediately communicated to the Consumer.

Purchases made on the Web Site are made by the Consumer directly with your Independent Beauty Consultant and Mary Kay may issue e-invoices for purchases made on the Web Site, on behalf of your Beauty Consultant, upon the Consumer’s request.

Shipping and Delivery: Mary Kay will facilitate the delivery of the Consumer’s order using third-party delivery services to the address indicated by the Consumer at the time of checkout. Delivery addresses can be to any address within Malaysia.

Unless we have agreed otherwise, Mary Kay will ship the order consisting of the product(s) without undue delay. Delivery will generally occur: within three (3) to five (5) working days after shipment for deliveries within the same region (or three (3) to seven (7) working days for Orders received at month-end); and within seven (7) to ten (10) working days after shipment for deliveries across regions. Please note that there may be unforeseen or extraordinary circumstances that may affect the delivery date.

You will receive an email from Mary Kay confirming the shipment of your Order. If you wish to obtain information regarding the status or shipment of your Order, please contact your Independent Beauty Consultant. Additional order status or tracking options may be made available from time to time.

The cost of shipping the Order will generally be borne by the Consumer at the time of purchase and will be calculated based on the amount of the Order and the applicable promotion published by the Independent Beauty Consultant on her Mary Kay® My Shop.

The Independent Beauty Consultant shall at all times be responsible for the purchase of Mary Kay® products made by the Consumer, since the Consumer will be Independent Beauty Consultant’s Consumer, not Mary Kay’s. Accordingly, any claim and/or complaint by the Consumer should be addressed directly with the Independent Beauty Consultant, exonerating Mary Kay from any and all liability as a matter of law.

Passing of Risk and Ownership: Mary Kay owns the products while they are held in its inventory. Upon the Consumer's placement of an Order and the Independent Beauty Consultant's payment to Mary Kay of the applicable wholesale price for the product(s) comprising the Order, title to those product(s) passes from Mary Kay to the Independent Beauty Consultant. Title then passes from the Independent Beauty Consultant to the Consumer upon delivery (as defined above). For the avoidance of doubt, the Independent Beauty Consultant, and not Mary Kay, is the seller of the products to the Consumer.

3.RETURN POLICY 

Mary Kay Satisfaction Guarantee: If a product does not meet the consumer’s expectations, they may take advantage of Mary Kay’s Satisfaction Guarantee. With valid proof of purchase and within ninety （90）days of the original purchase date, provided that the product is at least two-thirds (2/3) full, the consumer may request either an exchange for a comparable product of equal value or a refund of the purchase price.

4.AVAILABILITY OF THE SERVICE 

The products offered through the Web Sites are only available for shipment to Malaysia.

5.RESCISSION OF SALE AND PURCHASE

The breach of the provisions of these Terms of Use and Purchase by either party shall give rise to the termination of the contract without liability for any party and without the need for prior judicial declaration.

6.UNDESIRABLE EFFECTS 

When a Mary Kay product causes an undesirable effect on the Consumer, the Consumer should contact his or her Independent Beauty Consultant to provide necessary information which will be sent to Mary Kay for evaluation and follow-up. In such a case, the procedure Mary Kay has established for these cases will be followed and the Consumer will be informed. 

7.CONTACT

The Consumer may contact the Independent Beauty Consultant with claims, questions and/or complaints regarding the purchase and sale covered by this Agreement through the contact details of the Independent Beauty Consultant that were sent to the Consumer at the time of the Independent Beauty Consultant's assignment on the Website. In this regard, the Independent Beauty Consultant agrees to follow up with you accordingly, as your independent business was responsible for such purchase.

In addition, for other questions, the Consumer may contact Mary Kay by email at Customer.ServiceMalaysia@mkcorp.com or by telephone at +603-2789 9099.

8.RESTRICTIONS ON USE OF COMPANY-OWNED MATERIAL, INTELLECTUAL PROPERTY

Mary Kay Inc. owns the copyrights in all materials provided on the Web Sites. Except to the extent otherwise stated herein, no material from the Web Sites or any other Web site owned, operated, licensed or controlled by Mary Kay may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained on the Web Sites may be a violation of copyright, trademark or other laws.

The trademarks, service marks and logos (the “Trademarks”) used and displayed on the Web Sites are registered and unregistered trademarks of Mary Kay Inc. unless otherwise indicated. Nothing contained on the Web Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Web Sites.

The Consultant Connector is a tool intended for use only by those who wish to purchase Mary Kay® products from an Independent Beauty Consultant and/or obtain information on how to become an Independent Beauty Consultant. ALL OTHER USES are EXPRESSLY PROHIBITED including, without limitation, use of the Consultant Connector for the collection of Independent Beauty Consultant contact information by third parties for recruiting or any other purpose.

Mary Kay® Independent Beauty Consultant Mary Kay® My Shops are intended for use only by those individuals who want to purchase or inquire about Mary Kay® products, or who are seeking information on how to become an Independent Beauty Consultant. Independent Beauty Consultants who choose to operate a Mary Kay® My Shop agree to use the information collected on their Web Site only for use in their independent Mary Kay business. ALL OTHER USES are EXPRESSLY PROHIBITED including, without limitation, the use of the Web Site for the collection by third parties of Independent Beauty Consultant or consumer contact information for recruitment or any other purpose.

You acknowledge and agree that you have had the opportunity to review and understand the Company's privacy policies. Any data you choose to provide in connection with the Websites must be provided after you have properly understood how the data you provide will be used. In the event that you have any questions or concerns about your data in connection with these sites you should contact the Data Protection Officer listed in the Privacy Policies.

9.APPLICABLE LAWS 

The Web Sites are created and operated by Mary Kay (Malaysia) Sdn. Bhd. Mary Kay makes no representation that the materials offered on the Web Sites are appropriate or available for use outside of Malaysia. Those who choose to access the Web Sites from other countries do so on their own initiative and are responsible for compliance with applicable laws of that country. Any claim relating to the Web Sites and their use shall be governed by the laws of Malaysia, and the parties submit to the exclusive jurisdiction of the courts of Malaysia.

10.LINKS 

The Websites may provide links to third party websites. In this case such links are provided solely as a convenience to you. If you use these links, you will leave the Web Sites. Mary Kay has not reviewed all of the third party web sites and does not control and is not responsible for any of the third party web sites. Mary Kay does not endorse or make any representations about these Web Sites or any information or materials found on these Web Sites or any results that may be obtained from using these Web Sites. If you access any third party web site through a link on the Web Sites, you do so at your own risk. In the event that you wish to link to one of the Web Sites, the following guidelines apply: A web page linking to one of the Web Sites:

You may not directly or indirectly suggest that Mary Kay endorses its products.
Must not use any of the Trademarks (e.g., the Mary Kay® logo).
You may not include content or materials that could be construed as offensive, controversial or distasteful, and should only include content suitable for all ages.
Must not disparage Mary Kay or its products in any way or negatively affect or damage Mary Kay's reputation and goodwill.
You must not present false or misleading information about Mary Kay or the Mary Kay opportunity.
You must not provide information that misrepresents or misrepresents any relationship with Mary Kay.
You must not reproduce in any way any content contained on the Web Site.
You may not create a browser or frame the content of materials on the Web Site in any way.

11.USER TRANSMISSIONS 

Except with respect to any information subject to the Company's Privacy Policy, any material, information, ideas or other communications transmitted or posted on the Web Sites by any means will be treated as non-confidential and non-proprietary and may be disseminated by Mary Kay and/or its representatives for any purpose, including, by way of example and without limitation, product development and manufacturing (the “Communications”). You are prohibited from posting or transmitting to or from this Web Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law. 

12.SEVERABILITY

In the event that any provision (or any part thereof) of these Terms of Use and Purchase is determined to be unlawful, invalid, or unenforceable, the other provisions shall nonetheless remain lawful, valid, and enforceable to the fullest extent permitted by applicable law. If any unlawful, invalid, or unenforceable provision would be lawful, valid, or enforceable if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the intention of Mary Kay and the Consumer.

13.REVISIONS AND MODIFICATIONS TO THE TERMS OF USE AND PURCHASE  

Mary Kay may revise these Terms of Use at any time. By using the Web Sites, you agree to accept any and all such revisions. Accordingly, you should periodically visit this page to determine the Terms of Use to which you are bound. Certain Terms of Use may be modified and superseded by expressly stated legal notices or by terms and conditions located on particular pages of the Web Sites.

Reproduction in whole or in part without the written permission of Mary Kay is prohibited.