terms & conditions
These terms and conditions (“Terms”) are the terms and conditions in accordance with which we supply Products (each a “Product”) listed on our website www.TheSoapFactory.my (the “Site”) to you (the “Terms and Conditions”).
In these terms the following definitions shall apply:
“Agreement” means any contract entered into between The Soap Factory and a Buyer;
“Buyer” means the buyer of an Item, which is sold through the Website;
“Customs” means the relevant department in the respective country, which collects duties levied on goods imported into the said country;
“The Soap Factory”, “us”, “we” and “our” means FACTORY AVENUE RESOURCES (Company no. 002958399-D) a company incorporated in Malaysia and having its registered office address at Anjali North Kiara, 5, Jalan 3/61, Bukit Segambut, trading as THE SOAP FACTORY;
“Item” means any product or other services sold via the website;
“Terms” means the Buyer’s Terms and Conditions; and
“Website” means our website www.The Soap Factory.com
“Account” means the THE SOAP FACTORY Account that you will need to register for on the Site if you would like to submit an Order on the Site;
“Business Day” means any day on which banks in Malaysia open for business;
”Order Confirmation” means our email to you, in which we acknowledge your Order .
“Contract” means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 6.2 below;
“Customer” means any individual who places an Order on the Site;
“Order” means the Order submitted by you to the Site to purchase a Product from us;
“You” means the Customer who places an Order;
“Merchant” means the brand or supplier that provided the item;
References to “clauses” are to clauses of these Terms and Conditions;
Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
1. Formation of a Contract
The information set out in the Terms and Conditions and the details contained on this Site do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Products shall exist between you and us until we have shipped the Products to your address.
To submit an Order, you will be required to follow the online shopping process on the Site. After this you will receive an Order Confirmation, which will act as an acknowledgement of your Order.
An Order is only considered accepted by us upon your Order being shipped to the delivery address provided by you.
A Contract will relate only to those Products, which we deliver to you. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times.
2. Items on Website
2.1 While we make every effort to describe and display every Item as accurately as possible, you should be aware that the colour and appearance of the Item as displayed on your computer monitor or any other display might differ from the actual colour and appearance of the Item. The merchants provide all product information and any misinformation will be directed back to the merchants.
2.2 All Product descriptions, information and materials posted on this Site are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising. Product image as seen on the Site may slightly differ from the actual
Buyers must read and take into consideration of each content and ingredients. Also, as some products are homemade and therefore buyers must take into consideration that they are purchasing the item at their own risk. THE SOAP FACTORY is not responsible for any physical or health damage to the buyer.
3. Ordering Items
3.1 Once you have placed your order, we will send you an order confirmation. This email is merely a confirmation that we have received your order and does not constitute acceptance of your order.
To place an Order, you must register with us by creating an Account on the Site. You must only submit to us information, which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Site. You shall not misuse the Site by creating multiple user accounts.
4. Prices and Payment
4.1 All prices provided on the Website are in Malaysian Ringgit.
4.2 We accept payments in Malaysian Ringgit only by credit or debit card or PayPal. We may accept other forms of payment from time to time, which will be clearly indicated on our Website.
4.3 THE SOAP FACTORY will insure items prior to postage until the Item is delivered.
THE SOAP FACTORY aims to dispatch items within 48 hours of receiving the order (if accepted). Our office hours for shipping are from 9am to 6pm, Monday to Friday. Please note that estimated delivery times are to be used as a guide only and commence from the date of dispatch. THE SOAP FACTORY will not be responsible for any delays caused by destination customs clearance process.
4.4 If there are custom duties and/or any taxes to be paid for the order, Buyer agrees to bear all cost(s) and will pay the cost(s) directly to the Customs.
4.5 For payment of Item on website, you confirm that the credit or debit card that is being used is yours or that you have been specifically authorised by the owner of the credit or debit card to use it. All credit or debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your credit or debit card refuses to authorise payment to THE SOAP FACTORY, we will not be responsible or liable for any delay or non-delivery. 4.6 Holders of credit or debit cards may be subject to validation checks and authorisation by issuer of their card. We accept no responsibility if your card issuer refuses payment authorisation and we shall not be liable for any resulting delay or non-delivery.
4.7 Whilst we make best efforts to ensure that all details, descriptions and prices, which appear on this Site, are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products, which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled. If you cancel your Order before we have shipped it to you, and you have already paid for your Order, you will receive a full refund.
(a) Where applicable, prices are inclusive of GST and are in Malaysian ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.
(b) We are under no obligation to fulfil your Order if the price listed on the website is incorrect (even after your Order has been acknowledged by us).
(c) You can pay using any of our payment partners listed on our homepage or use the cash on delivery payment method. Similarly, you can pay all or part of the price of your Order using promotional voucher.
(d) Promotional vouchers must be entered at the checkout page online only. Physical presentation of vouchers to THE SOAP FACTORY personnel will not be accepted.
(e) To minimise the risk of unauthorised access, we encrypt your card data. Once we receive your Order we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorisation check has been completed. Your card will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorisation by card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery.
(f) Upon authorisation of the payment, by clicking the “Order now” button you are confirming that the card belongs to you or that you are the legitimate holder of the e-gift card or the promotional voucher, and have sufficient funds or credit facilities to cover the cost of the Product.
5. Refusal of Order
5.1 We reserve the right to withdraw any Products from this Site at any time and/or remove or edit any materials or content on this Site. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
5.2 If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.
5.3 We will not be liable to you or any other third party by reason of our withdrawing any
5.4 Product from this Site, whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept an Order.
6.1 We aim to deliver the Product to you at the place of delivery requested by you in your Order and the delivery time indicated by us at the time of your order checkout (as updated in the Order Confirmation).
6.2 We shall notify you if we expect to be 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.
6.3 Upon delivery of the Product, you may be required to sign for delivery. You may contact THE SOAP FACTORY Customer Service Team at 0194098400 or drop us an email us at [email protected] case of any faults, defects or damage. You shall be able to provide the documents delivered with the Product, upon request.
6.4 Please note that it might not be possible for us to deliver to some locations in which event, 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.
6.5 We deliver in our standard packaging.
6.6 All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed 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 will not be liable for loss or destruction of the Product. Any breach of obligations by you, might impact your ability to shop on THE SOAP FACTORY in the future.
6.7 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.
6.8 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within one week of our first attempt to deliver the Product to you) accept delivery, we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) Charge you for any fee and other costs reasonably incurred by us; or
(b) No longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
6.9 In event there exists a conflict of total cart size which entitle free shipping, the value on website shall prevail.
7.1 Customers must inform The Soap Factory team within 3 calendar days after delivery ONLY if they are incorrect, damaged, or defective:
a) The item is not the item that you ordered. Model, size, or colour is different from what is indicated on the order summary, or there are missing items or parts inside the packaging.
b) The item is found already damaged at time of delivery.
c)The Product is defective and does not function as described by the manufacturer’s or merchant’s specifications.
7.2 All Orders must meet the following conditions in order to be eligible for return:
7.3 The Soap Factory team must receive the return item no later than 14 calendar days after delivery.
7.4 Item must be in new condition and returned in the original packaging along with all accessories including manuals, boxes, cards, pouches) and free gifts received with it. All packaging must be unopened, unused, unmarked and not defaced in any manner. Item must not have been used or installed.
7.5 Items purchased as part of a set or multi-item pack must be returned as a whole set
7.6 If the Order is eligible for return as described above, the Customer will be eligible for a full refund or product exchange.
7.7 Upon receipt of the Products, we will examine it and we will advise you on the status of the replacement or refund (if any) via email as soon as practicable.
7.8 THE SOAP FACTORY may at its discretion refuse to process a replacement/exchange order however may offer a refund as a substitute remedy.
7.9 In the event the Product returned is not faulty, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
8. Intellectual Property Rights
8.1 All content included in or made available through our Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of THE SOAP FACTORY or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by THE SOAP FACTORY and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
8.2 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks of THE SOAP FACTORY in Malaysia and other countries. THE SOAP FACTORY’s trademarks may not be used in connection with any product or service that is not provided by THE SOAP FACTORY, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits THE SOAP FACTORY. All other trademarks not owned by THE SOAP FACTORY that appear on the Site are the property of their respective owners.
8.3 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
8.4 You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from our licensors or us. In the event THE SOAP FACTORY becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
8.5 If you print, copy or download any part of our Site in breach of these Terms and Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by THE SOAP FACTORY or its licensors.
9. Limitation of Liability
Save to the extent required by law, we shall not be liable for any inaccuracy, error, mis-description or omission in any description of an Item marketed on the Website or otherwise.
To the fullest extent permitted by law, we shall not be liable to you under these Terms for any loss of profits, loss of business opportunity, wasted expenditure, goodwill, reputation or revenue or for any indirect consequential or economic loss or damage whatsoever howsoever arising out of or in connection with these Terms or the performance of the Agreement or any breach of the Terms or Agreement by us.
Our aggregate liability to you under these Terms shall be limited to a sum equivalent to the total value of your order.
We shall not be liable to you for any loss or damage arising as a result of us being prevented from performing our obligations under these Terms by reasons of circumstances beyond our reasonable control.
None of the provisions contained in these Terms affect your statutory rights.
You may not assign or transfer your rights and/or obligations under these Terms or any Agreement into which these Terms are incorporated. No person other than THE SOAP FACTORY or a Buyer shall have any rights to enforce any of these Terms or any Agreement into which these Terms are incorporated. These terms shall be governed in accordance with Malaysian law.