TERMS & CONDITIONS
These Sales Terms, together with our Website Terms of Use,
Privacy Policy, your Order Confirmation Email, and your Shipment Confirmation
Email constitute the entire agreement between you and HARLI + HARPA in relation
to your purchase and supersede all prior discussions, representations, or
arrangements.
The HARLI + HARPA Malaysia Online Store is operated by Harli
and Harpa Retail Pty Ltd (ABN 83 661 328 758), an Australian-registered company
(“HARLI + HARPA”, “we”, “us”, “our”).
These Sales Terms govern your purchase of products from the
HARLI + HARPA Malaysia Online Store. Please read them carefully before placing
an order. By completing a purchase, you confirm that you have read, understood,
and agree to be bound by these Sales Terms.
Your use of our website at harliandharpa.co.my is also governed by our Website Terms of Use and our Cookie Policy. Where cookies are not strictly necessary for the site to function, we obtain your consent through
our cookie preference tool when you first visit the site.
We may update these Sales Terms from time to time. Any changes will be posted to the website with an updated date. Changes will not affect orders already confirmed by a Shipment Confirmation Email.
These Sales Terms apply to all orders placed through the
HARLI + HARPA Malaysia Online Store by customers located in Malaysia.
If you do not agree to these Sales Terms, you will not be
able to purchase products from the HARLI + HARPA Malaysia Online Store.
When you complete a purchase, you will receive transactional
emails confirming your order status. These are sent as part of fulfilling your
order and do not require separate marketing consent.
If you buy any products available on HARLI + HARPA’s online store at www.harliandharpa.co.my the sales terms will also apply alongside these Terms of Use regarding your product purchases.
To place an order, you must:
- Read and accept these Sales Terms.
- Provide your name, delivery address, phone number, email address, and payment details.
- Provide a valid delivery address within Malaysia.
- Be aged 18 years or over and legally capable of entering into binding contracts under the Contracts Act 1950 and the Age of Majority Act 1971.
- Be the owner or authorised holder of the payment method used.
You may place an order by adding items to your bag and proceeding through checkout. Before confirming your order, you will have the opportunity to review your order, correct any errors, and verify the total cost.
HARLI + HARPA does not accept responsibility for errors in orders arising from inaccurate information provided by you.
If you add items to your bag and begin checkout but do not complete your order, we may send you a one-off reminder email about your incomplete order. You may opt out of these reminders at any time by clicking unsubscribe in the email or contacting us.
Any personal information you provide in connection with the Website will be collected, utilized, disclosed, and managed by HARLI + HARPA in accordance with its Privacy Policy, which can be accessed here. You consent to HARLI + HARPA handling your personal information according to its Privacy Policy. You also agree to use the Website in line with any additional policies published on the Website from time to time.
All prices displayed on the HARLI + HARPA Malaysia Online Store are shown in Malaysian Ringgit (RM/MYR) and are inclusive of Sales and Service Tax (SST) at the applicable rate, where applicable.
Separate charges for shipping and handling will be clearly displayed before you confirm your order and will be set out in your Order
Confirmation Email.
The price charged for a product will be the price in effect at the time your order is placed. Prices may change at any time, but changes will not affect orders already confirmed by a Shipment Confirmation Email.
If a pricing error occurs, whether in the store, in a confirmation email, or otherwise, HARLI + HARPA reserves the right to correct
the error and charge the correct price, or to cancel the order. If the correct
price is higher than displayed, we will contact you before processing your
order and you may choose to cancel. If a pricing error is obvious and could
reasonably have been recognised as such, we are not obliged to fulfil the order
at the incorrect price.
Products, prices, and promotional offers on the Malaysia Online Store may differ from those available in physical stores or other
markets that HARLI + HARPA operates in.
Promotional codes may be issued to the public or to individual customers from time to time. To redeem a code, enter it at checkout when prompted.
The following conditions apply to all promotional codes:
- Unique codes may only be used by the intended recipient and are non-transferable.
- Codes cannot be used to purchase HARLI + HARPA Gift Cards or eGift Cards.
- Codes are not valid in physical stores and cannot be exchanged for cash.
- Codes cannot be applied retroactively to orders already placed.
- Delivery charges are excluded from percentage-discount calculations.
Once you submit an order, HARLI + HARPA will send an Order Confirmation Email to the address you provided, acknowledging receipt and summarising the products ordered.
Products displayed on the HARLI + HARPA Malaysia Online Store are an invitation to purchase, not a binding offer to sell. HARLI + HARPA reserves the right to decline all or part of any order in its sole discretion,
including in cases of suspected fraudulent activity, abnormal order volumes, non-personal-use orders, or orders placed in response to pricing errors.
A binding contract for the sale of products is formed between you and HARLI + HARPA when we send you a Shipment Confirmation Email confirming that your order has been dispatched. The contract relates only to
those products confirmed in that email.
HARLI + HARPA may impose quantity limits on products. If an order is declined, any payment taken will be refunded in full.
We recommend that you save or print copies of your Order Confirmation Email, Shipment Confirmation Email, and these Sales Terms for your records.
Warranties related to any products you purchase from HARLI + HARPA’s online store will be determined according to the sales terms rather than this clause. To the maximum extent permitted by applicable law:
- All statutory and implied guarantees, warranties, and conditions related to the Website and its contents are expressly disclaimed. HARLI + HARPA does not exclude any statutory or implied guarantee that it cannot legally exclude or limit.
- HARLI + HARPA does not guarantee uninterrupted access to the Website or that it will operate error-free, that defects will be corrected, or that the Website and its servers are free of harmful materials.
- HARLI + HARPA does not warrant that it can prevent any illegal, harmful, or inappropriate use of the Website or provide notice of such occurrences.
- HARLI + HARPA does not make any representations about the correctness, accuracy, timeliness, completeness, or reliability of the Website or its Content. Your use of the Website and its Content is solely at your own risk.
Estimated delivery timeframes:
Service
Peninsular Malaysia
Sabah / Sarawak / Labuan
Standard delivery
5–12 business days from dispatch
5–10 business days from dispatch
These timeframes are estimates only and may be affected by factors outside our control, including postal/courier delays and public holidays.
If we are unable to deliver within the timeframe set out in your Shipment Confirmation Email, we will endeavour to contact you.
If delivery is unsuccessful due to an incorrect address provided by you, or because you have unreasonably deferred receipt after notification by the delivery provider, the package will be returned to HARLI + HARPA. Re-delivery charges may apply.
Nothing in these Sales Terms affects your statutory rights under Malaysian consumer law, including the Consumer Protection Act 1999 (CPA) and the Consumer Protection (Electronic Trade Transactions)
Regulations 2012.
Right to cancel — please note: Unlike some other jurisdictions, Malaysian law does not currently provide a general statutory
"cooling-off" right allowing consumers to cancel an online purchase for any reason within a fixed period. Any change-of-mind return option we offer is a voluntary policy benefit, set out in clause 11, and not a legal
entitlement.
Faulty or misdescribed goods Under Part V of the Consumer Protection Act 1999, goods supplied to you carry statutory guarantees
that they are of acceptable quality, fit for any purpose you made known to us,
and match their description. If goods you receive do not meet these guarantees,
you have rights to a repair, replacement, or refund. These rights exist regardless of, and are not limited by, our own returns policy or any warranty terms.
If a dispute about faulty or misdescribed goods cannot be resolved directly with us, you may refer the matter to the Tribunal for
Consumer Claims Malaysia (Tribunal Tuntutan Pengguna Malaysia, TTPM) for
claims up to RM50,000, or to the National Consumer Complaints Centre (NCCC)
for assistance.
The Website may contain hyperlinks to third-party websites. These links are provided solely for your convenience, and HARLI + HARPA does not endorse these sites or the information they contain. HARLI + HARPA is not responsible for the content or privacy practices of these third-party sites.
- Items must be returned within 30 days of the delivery date.
- Items must be unused, undamaged, and in their original packaging with tags attached.
- Proof of purchase is required.
- Earrings, piercing jewellery, and hair accessories cannot be returned for change of mind, for hygiene reasons.
- Personalised items and gift cards cannot be returned for change of mind.
If you return an item in a used or damaged condition, we may deduct from your refund an amount reflecting the reduction in value, up to 100% of the purchase price.
Once we have received and validated your return, we will confirm by email and process your refund within 14 days.
HARLI + HARPA reserves the right to terminate or suspend your access to the Website at any time, without notice, for any conduct that HARLI + HARPA, in its sole discretion, believes violates these Terms of Use or is harmful to other users or HARLI + HARPA.
HARLI + HARPA uses reasonable efforts to ensure the accuracy of product availability displayed on the Malaysia Online Store. Products are sold on a first-come, first-served basis and are available only while stocks last.
If a product you have ordered is out of stock after your order has been placed, we will notify you and offer you the option to wait,
substitute, or cancel your order and receive a full refund.
Please take care when placing your order to ensure products are suitable for your intended use. The product information displayed on the HARLI + HARPA Malaysia Online Store at the time of purchase is the
authoritative reference. Where information differs between the website and any
other source, the website listing takes precedence.
If products received do not correspond to those ordered, or if your delivery is incomplete or damaged in transit, please contact us immediately at hello@harliandharpa.com.
Nothing in these Sales Terms limits or excludes our
liability for:
- Death or personal injury caused by our negligence.
- Fraud or fraudulent misrepresentation.
- Any liability that cannot be excluded or limited under applicable Malaysian law, including the statutory guarantees under the Consumer Protection Act 1999.
Subject to the above, and to the fullest extent permitted by Malaysian law, HARLI + HARPA's total liability to you in connection with any order will not exceed the amount you paid for the products in that order.
HARLI + HARPA is not liable for indirect or consequential losses, including loss of profit, loss of data, or loss of goodwill, except where such losses arise from our breach of contract, negligence, or other
fault.
HARLI + HARPA does not warrant that the Malaysia Online Store will always be uninterrupted or error-free.
We use cookies and similar tracking technologies on our website.
Where cookies are not strictly necessary for the operation of the website, we provide a cookie preference tool so you can choose whether to allow them. You can withdraw or update your cookie preferences at any time
using the cookie settings link in the footer of our website.
We may log IP addresses for the purpose of analysing website traffic, administering the site, and identifying technical issues. IP addresses are treated as personal data and handled in accordance with our Privacy Policy and the PDPA.
Our website is connected to the internet, which is not a fully secure transmission medium. While we take all reasonable technical and organisational measures to protect your data, we cannot guarantee the absolute security of data transmitted to us online. You should take appropriate
precautions when using the internet, including ensuring your device is
protected against viruses and malicious software.
HARLI + HARPA is not liable for loss or damage caused by third-party websites linked to or from the HARLI + HARPA Malaysia Online Store.
HARLI + HARPA is committed to protecting your personal data and complying with the Personal Data Protection Act 2010 (PDPA) of Malaysia.
Under the PDPA, you have the following rights regarding your
personal data:
- Right of access — request a copy of the personal data we hold about you.
- Right to correct — ask us to correct inaccurate or incomplete data.
- Right to withdraw consent — withdraw your consent to our processing of your personal data at any time (this does not affect processing already carried
out). - Right to prevent processing likely to cause damage or distress — object to processing that is likely to cause you damage or distress.
- Right to prevent processing for direct marketing — object to your data being used for direct marketing purposes.
Performance of our contract with you, and/or your consent, as the basis for this transfer. We take reasonable steps to ensure your data continues to be protected to a standard comparable to the PDPA once
transferred.
Full details of how we process your personal data, our data retention periods, third-party processors, and your rights are set out in our Privacy Policy.
The only warranties and conditions binding on HARLI + HARPA in respect of products supplied are those expressly set out in these Sale Terms and those required by Malaysian statute, including the guarantees under
Part V of the Consumer Protection Act 1999.
All other implied terms, conditions, or warranties, to the extent they may be excluded under applicable law, are hereby excluded.
If any provision of these Sales Terms is found to be unlawful, void, or unenforceable, that provision will be treated as severable from the remainder of the Terms and will not affect the validity or
enforceability of the remaining provisions.
HARLI + HARPA's failure to enforce any right or remedy under these Sales Terms at any time does not constitute a waiver of that right or remedy and does not relieve you of your obligations under these Terms.
These Sales Terms are binding on you and HARLI + HARPA and any permitted successors or assigns.
You may not transfer, assign, or otherwise deal with your rights or obligations under these Terms without our prior written consent.
HARLI + HARPA may transfer, assign, or sub-contract its rights and obligations under these Terms at any time, provided that such
transfer does not reduce your rights as a consumer.
These Sales Terms and any contract formed under them are governed by the laws of Malaysia.
Any dispute arising out of or in connection with these Sales Terms or your purchase of products from HARLI + HARPA shall be subject to the non-exclusive jurisdiction of the courts of Malaysia.
This does not affect your right, as a consumer, to bring an eligible claim before the Tribunal for Consumer Claims Malaysia (TTPM) instead of or in addition to court proceedings, as described in clause 10.
Without prejudice to any other rights available to it, HARLI
+ HARPA may terminate a contract for the supply of products to you before
delivery if:
- You breach these Sales Terms in a way that cannot be remedied.
- You breach these Sales Terms in a way that can be remedied but fail to remedy
the breach within 7 days of being asked to do so.
If HARLI + HARPA terminates a contract under this clause,
any payment received for that order will be refunded in full within 14 days.
For any questions, complaints, or queries relating to your HARLI + HARPA Malaysia Online Store order, please contact our Customer Support team:
Response time
We aim to respond to all queries within 2 business days
Note
Support hours are based on our Australian Eastern Time business hours (9am–5pm AEDT); the Malaysia Time (MYT, UTC+8) equivalent shown above is approximate and may shift slightly with Australian daylight-saving changes.
If you have a complaint about how we have handled your personal data, you may contact Malaysia's data protection regulator:
Regulator
Department of Personal Data Protection (Jabatan Perlindungan Data Peribadi, JPDP), Malaysia
Website
If you have an unresolved consumer complaint, you may also contact:
National Consumer Complaints Centre (NCCC)
nccc.org.my
Tribunal for Consumer Claims Malaysia (TTPM)
ttpm.kpdn.gov.my
