THE WORLD OF STYLE
FROM USA & EUROPE
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We take our customers privacy seriously and we will only collect and use your personal information as outlined below.
We will only keep your information for as long as we are either required to by law or as is relevant for the purposes for which it was collected.
You can visit the Site and browse without having to provide personal details. During your visit to the Site you remain anonymous and at no time can we identify you unless you have an account on the Site and log on with your user name and password.
If you have any comments or suggestions, we would be pleased to receive them at our address or by emailing us at [email protected]
Our Privacy Statement fully complies with the Privacy Act 1988 and represents the industry's best practice.
Collection of Personal Information
FHCLUB does not sell, share or trade customers personal information collected online with third parties.
Personal information collected online will only be disclosed within our corporate group and sister companies for internal use only.
When you create a FH CLUB account the personal information we collect may include your:
The personal information we collect from you will be used in some or all of the following ways:
We may pass your name and address on to a third party in order to make delivery of the product to you (for example to our courier or supplier).
When you register as a user on FH CLUB website, we will also use your personal information to send you marketing and/or promotional materials from time to time. If relevant, we will allow our sister companies to send relevant marketing materials to you. You can unsubscribe from marketing information at any time by using the unsubscrib e function within the electronic marketing material.
Payments that you make through the Site will be processed by our agent. You must only submit to us or our Agent or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes.
Your actual order details may be stored with us but for security reasons cannot be retrieved directly by us. However, you may access this information by logging into your account on the Site. Here you can view the details of your orders that have been completed, those which are open and those which are shortly to be dispatched and administer your address details, bank details and any newsletter to which you may have subscribed. You undertake to treat the personal access data confidentially and not make it available to unauthorised third parties. We cannot assume any liability for misuse of passwords unless this misuse is our fault.
Updating Your Personal Information
You can update your personal information anytime by accessing your account on FH CLUB website.
Security of Your Personal Information
FH CLUB ensures that all information collected will be safely and securely stored. We protect your personal information by:
FH CLUB uses 128 - bit SSL (secure sockets layer) encryption technology when processing your financial details. 128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard.
Disclosure of Personal Information
We will not share your information with any other organisations other than related companies, sister companies and those third parties directly related to the delivery of the products you have purchased from FHCLUB website. In exceptional circumstances FHCLUB may be required to disclose personal information, such as when there are grounds to believe that the disclosure is necessary to prevent a threat to life or health, or for law enforcement purposes. FH CLUB is committed to complying with the Privacy Act and the National Privacy principles.
We may however use your contact information to send newsletters from us and from our related companies.
If you believe that your privacy has been breached by FH CLUB please contact us at [email protected] and we will resolve the issue.
Collection of Computer Data
When you visit FH CLUB, our company servers will automatically record information that your browser sends whenever you visit a website. This data may include:
This information is collected for analysis and evaluation in order to help us improve our site and the services and products we provide. This data will not be used in association with any other personal information.
FH CLUB reserves the right to modify and ch ange the Privacy Statement at any time. Any changes to this policy will be published on our site.
Complaints about breeches of privacy
If you are not satisfied with the way in which we handle your enquiry or complaint, please don't hesitate to contact us at [email protected]
This page, together with the documents referred to on it, tells you the terms and conditions (these Terms and Conditions) on which we supply any of the products (each a Product) listed on our website www.fhclub.com.my (hereinafter referred to as 'the Site') to you. Please read these terms and conditions carefully before ordering any Products from the Site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these Terms and Conditions for future reference.
1.1 We are Harris International Group Sdn Bhd, 984884-X, No. 102, Batu 1 , Jalan Meru, Klang, 41050 Selangor, Malaysia trading as www.fhclub.com.my and its subsidiaries, associates and officers unless otherwise stated.
1.2 These Terms and Conditions govern the supply by us of any Product ordered by you on the Site. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.
1.3 In these Terms and Conditions:
1.4 These Terms and Conditions are our copyrighted intellectual property. Use by third parties - even of extracts - for the commercial purposes of offering goods and/or services- is not permitted. Infringements may be subject to legal action.
2. Your Status
To place an order with FH Club you must be over 18 years of age and possess a valid credit or debi t card issued by a bank acceptable to us.
3.1 These Terms and Conditions shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
3.2 These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
3.3 No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by us.
4. How a Contract is formed
4.1 When making an Order, you must register for an Account on the Site as detailed in clause 10, and you must follow the instructions on the Site as to how to make your Order and for making changes to your prospective Order before you submit it to the Site.
4.2 Irrespective of any previous price you have seen or heard, once you select a Product that you wish to Order, you will then be shown or told (on the Site) the charges you must pay including taxes, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Site, all charges are in the currency then in force in Malaysia. Subject to clause 4.11 below, this is the total that you will pay for receipt of the ordered Product.
You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us or by Paypal, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full. Your payment will be received by our agent Harris International Group Sdn Bhd, 984884-X, No. 102, Batu 1 , Jalan Meru, Klang, 41050 Selangor, Malaysia, a company registered in Malaysia (and a company wholly owned by us). Depending on the results of a credit check we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment.
4.4 If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.
4.5 You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
4.6 When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
4.7 Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order.
4.8 We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the C onfirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept a n Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).
4.9 A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a "Confirmation of Order" stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been dispatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.
4.10 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact [email protected] immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
4.11 We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
4.12 A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.
4.13 You must only submit to us or our agent or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes.
5.2 We aim to deliver within the time indicated by us at the time of your Order (and updated in the Confirmation of Order) but we cannot promise an exact date when you submit your Order or at the Confirmation of Order. We always aim to deliver within the stipulated time frame of any Order, which we accept but we cannot guarantee any firm delivery dates.
5.3 We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
5.4 On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.
5.5 Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
5.6 We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.
5.7 All risk in the Product shall pass to you upon delivery, except that, where delivery is del ayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we wi ll not be liable for loss or destruction of the Product.
5.8 You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.
5.9 You shall ensure that you are ready for safe receipt of the Product without undue delay and at any time reasonably specified by us.
5.10 If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier.
5.11 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
5.12 It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
6.1 We may cancel a Contract if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made.
6.2 We will usually refund any money received from you using the same method originally used by you to pay for the Product.
7. Cancellation by Customer (Non-Faulty Product)
If you wish to cancel your order please contact our Customer Service Team via email. No cancellation fees apply. Once an order has been dispatched it may not be cancelled and the item must instead be returned to the company according to guidelines provided by the costumer care department (Please call the above stated number or refer to your return-slip provided in your received parcel).
8. Faulty Products
8.1 We warrant that:
8.2 The Product is intended to be used strictly in accordance with the manufacturer's latest published instructions as set out on the Site or as on the Product itself. It is your responsibility to ensure that you use the Product strictly in accordance with those instructions.
8.3 Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.
8.4 We try very hard to deliver Products in excellent condition. However, if you tell us that the Product is f aulty, you agree to keep the Product in its current condition available for us (or our agent) to inspect within a reasonable time.
8.5 In order to provide you w ith any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:
8.6 If you would like us to repair, replace or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:
9.1 You may use promotional vouchers and gift vouchers as payment for Products on the Site. Specific details for promotional vouchers are at clause 9.8 and for gift vouchers at clause 9.9.
9.2 To redeem vouchers in your Account or check an existing credit, please visit "My User Account" on the Site.
9.3 We may email gift and promotional vouchers to you. Subject to clause 11.2, we accept no liability for errors in the email address of the voucher recipient.
9.4 If you have a gift or promotional voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher.
9.5 In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift voucher purchase or redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payment.
9.7 We assume no liability for the loss, theft or illegibility of gift or promotional vouchers.
9.8 Conditions for the redemption of promotional vouchers
9.9 Conditions for the redemption of gift vouchers
10. Returns & Refunds
Items except for skincare, cosmetics, health supplements, underwear, bikinis, swimming trunks and earrings can be returned if they have not been consumed, worn, altered or washed.
11. Best Price Guarantee
11.1 The FH CLUB Best Price Guarantee must be read subject to these Terms.
11.2 FH Club is operated under Harris International Group Sdn. Bhd.
11.3 To be eligible for the FH Club Best Price Guarantee, you must provide to FH Club on the date of your purchase, or within three (3) days after the date of purchase, evidence of any genuine competitor's advertised price for identical product (ie, same brand, colour, model and quality) as advertised on a website. The competitor must have, or had the identical product in stock at the time the product was purchased by you.
11.4 The identical product must be a lower price (lower price) than the advertised price or the price you paid for the product, after all allowances, bonuses, cash backs, and discounts, include any delivery charges, and advertised and available for sale by a local online retailer actively engaged in the online retail market (competitor), during the period three (3) days prior or three (3) days after the date of your purchase. You may be required to supply FH Club with evidence of the competitor's advertised price and FH Club reserves the right to verify the evidence of the identical product sold at the lower price.
11.5 If your claim qualifies for the Best Price Guarantee, FH Club will provide an additional ten percent off the original purchase price.
11.6 The Best P rice Guarantee does not apply where:
11.7. The Best Price Guarantee is only limited to three items within a calendar month.
11.8. The Best Price Guarantee may be terminated or amended at any time without notice.
11.9. The Best Price Guarantee is only available to you on the date of purchase or during the period three (3) days after your date of purchase.
11.10. The Best Price Guarantee is subject to you complying with the FH Club usual terms and conditions of trade.
11.11. The information you provide to FH Club will only be used to provide the Best Price Guarantee to you or to discuss your claim.
12. Limitation of Liability
This clause 10 prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
13. Guarantee and complaints management
13.1 We shall perform our obligations under these Terms and Conditions with reasonable skills and care.
13.2 We place great value on our customer satisfaction. You may contact us at any time using the contact details given in clause 1.1 of these Terms and Conditions. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
13.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that we assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within five Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may o therwise not have reached you.
14. Data protection
15. Circumstances beyond our control (Force Majeure clause)
15.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
15.2 Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
15.3 If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
16.1 Any notice under a Contract shall be in writing and may be served by personal delivery or by pre-paid or recorded delivery letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other.
16.2 Any notice given by post shall be deemed to have been served two Business Days after the same has been posted if the recipient address is in the country. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient's server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
17. Advertising on the Site
We shall use our reasonable endeavors to comply with any relevant regulations relating to the Site published by the Advertising Standards Authority.
18.1 We shall keep a record of your Order and these Terms and Conditions until six years after we have accepted your Order. However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order, the Acknowledgement and the Confirmation of Order.
18.2 No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
18.3 If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability sha ll in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
18.4 You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
18.5 Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
18.6 No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
18.7 These Terms and Conditions and a Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Malaysia Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Malaysia Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
19. Amendment to the General Business Terms and Conditions
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
Version: August 2013
Availability of the Website, Security and Accuracy
Registration for the Service
Intellectual Property Rights
Information about you and your visits to the Website
Transactions concluded through the Website
Third Party Websites
Malaysia law and jurisdiction