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TERMS AND CONDITIONS FOR ONLINE PURCHASE

In these terms and conditions, the "Company" will mean Keep It Simple Elemental Lifestyle by Elemental Axis Concept Enterprise (002744088-V) and the "Customer" will mean any person, firm, company or body which places an order with the Company. Please read these terms and conditions carefully before using the site. 

By using the site or any part of it, you agree that you have read these terms and conditions and that you

accept and agree to be bound by them.

Please also read these terms and conditions carefully and make sure that you understand them,

before ordering any products from the site. Please note that before placing an order you will be

asked to agree to these terms and conditions. Please click on the button marked "I Accept" at the

end of these terms and conditions if you accept them. If you refuse to accept these terms and

conditions, you will not be able to order any products from the site.

GENERAL

1. You agree that the Company reserves the right to amend these terms and conditions at

any time, in the Company’s sole discretion, by posting any such amendment(s) to the Company’s

website without prior and separate notice.

2. Your continued use of the site or any part of it after amendment to these terms and

conditions is posted will be deemed as full knowledge and acceptance of the revised terms and

conditions. If you do not agree to any such amendment(s), your sole recourse shall be to cease

using the site.

PRICE AND PRODUCT

3. The Company shall make every effort to ensure that prices, details and sizes of products

on this website are up to date. Prices are subject to change without prior notice and all orders are

subject to Company's acceptance at its sole discretion and stock availability.

4. The Company shall make every effort to ensure products displayed on the website are in

stock. If from time to time products become out of stock, the Company reserves the right to offer

alternative product/s to the Customer of similar value and range.

5. Prices charged for purchases on this website may be different from those charged in our

stores.

6. The prices charged are those applicable on the day you order.

7. All orders are subject to confirmation of final availability and the Company reserves the

right to reject the order in the event that any of the products or services requested is unavailable.

In the event that we are unable to fulfil any of the products or services in your order, we will notify

you by phone or email.

8. All pictures and images of the products displayed on this site are for illustration purposes in

order to help the customer to recognise the products only. The actual size, dimension and colour

of the products may differ.

REGISTRATION AND ACCOUNT SECURITY

9. To register with the Company website, you must be over eighteen (18) years of age.

10. Customer is required to register before placing any order through this website. During the

registration:

a. You must provide us with accurate, complete and up to date registration information;

b. You must safeguard your username and password;

c. You authorize us to assume that any person using the site with your username and

password is either you or is authorized to act for you.

11. The Company has the absolute discretion to refuse registration of a potential customer and

to terminate the registration of any customer for any reason whatsoever.

12. Customer must inform Keep It Simple Elemental Lifestyle by Elemental Axis Concept Enterprise,or self update in www.kiselemental.comimmediately of any changes to the information that you provided so that we

can communicate with you effectively.

13. Customer shall be liable for every order made under your login and agrees to indemnify the

Company for all claims, damages whatsoever made by any third party arising from the actions of

a person placing orders through this website using your login.

14. Should you find any unauthorised use of your login, you shall notify the Company

immediately and effectively.

ONLINE ORDER

15. Once you have selected a product that you wish to order via www.kiselemental.com, you

will then be shown (on the website) the charges you must pay including taxes, if applicable, and

any applicable delivery charges.

16. Customer shall pay for the order in full at the time of ordering by making a direct bank transfer.

17. We shall not be obliged to supply the product to you until we have accepted your order. An

order 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.

18. 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.

CANCELLATION

19. The Company may cancel an order 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. Refund will be credited

into Customer's account depending on the period of time your financial institution required to

arrange for the refund.

20. You are not allowed to cancel the order once a Confirmation of Order is issued. If you wish

to seek further information or assistant, kindly email us at kiselemental@gmail.com.

RETURN/ REFUND

21. You shall examine the goods immediately upon collection / delivery for any deficiencies

and/or damages. Claims (if any) must be lodged via emailkiselemental@gmail.comwithin 3 days of collection/ delivery; otherwise we shall have the discretion to refuse your claim.

22. For product collected from store which is found to be defective and/or is damaged inside the

packaging after collection, you may return and bring back the defective product to the store where

you collected the product within 7 days. You must present a valid receipt of the purchase for the

return.

For home delivery, you may hand any faulty or damaged goods, or incorrect items back to the

driver at the time of delivery, we will process the refund within 30 days.

23. We accept returns within 14 days from date of purchase if you are unhappy with our products for any reason, and will process a full refund within 30 days. Please contact us via kiselemental@gmail.comfor further details.

24. LOST/MISSING/ DELAYED PARCELS

•Once the full payment is duly received, orders will be processed and shipped.

•Orders are dispatched via POSLAJU. When your order is dispatched we will send you an

email/SMS with a tracking number for you to monitor the progress of your delivery.

•Once your order has been dispatched, we do not have any direct control over its progress

and cannot accept any responsibility for your order arriving later than anticipated.

• We will not be held responsible for any damage, losses or delay of shipment by POSLAJU.

Customer should/can contact POSLAJU by using the tracking number provided via two

simple ways;

a. Track your parcel whereabouts through http://www.poslaju.com.my/track-trace/ using the

tracking no provided.

b. Simply contact your local POSLAJU office or directly call POSLAJU hotline at 1-300-300-

300

POSLAJU will leave a memo if addressee is not available at the time of delivery at given address.

You can call POSLAJU for second delivery (free of charge) or you may require to pick up your

parcel at the nearest POSLAJU branch.

Uncollected parcel return back to us will not be refunded/exchanged. New shipping fees need to

be made for a new delivery.

PAYMENT TERMS

25. We accept payment via online bank transactions.

26. All product prices listed are in Ringgit Malaysia (RM).

27. The Company may from time to time set credit limits for individual customers and the

Company reserves the right to limit sales including the right to decline sales to any customers.

28. Full payment in respect of an order must be made upon the placing of the order. If your

payment cannot be processed, the order will be not be accepted and you are advised to contact

your card issuer to resolve any problem concerning the use of your credit card in order to

continue with the order.

29. We reserve the right to change the payment terms for any order without prior notice.

30. If payment for any order has already been made but the order is not accepted by us, you

will be entitled to a refund, depending on the period of time your financial institution needs to

arrange the refund. We shall not be liable with respect to any loss, damage, cost or expense that

you or any person may incur as a result of any delay in your financial institution processing the

said refund.

HOME DELIVERY

31. We shall deliver the products to the delivery address specified and keyed in by you on the

order form. Your order will be delivered to you via the service of a courier service company

appointed by the Company.

32. We aim to deliver within the time frame indicated below but we are not able to guarantee

any firm delivery dates upon order and 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.

Location Delivery Time

Peninsular Malaysia 3-5 working days

East Malaysia (included Labuan) 4 – 8 working days

There is no delivery during Saturday, Sunday

and Public Holiday)

33. On delivery of the product, you are required to sign for delivery. You shall examine the

goods immediately upon collection for any deficiencies and/or damages before you sign for

delivery. All risk in the product shall pass to you upon delivery.

34. 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.

35. Delivery Charges will be calculated based on the weight of the order received as below:

Orders

Orders

Delivery charges

Peninsular Malaysia & East Malaysia

For order value RM99 and below:

RM8.50 per order/per deivery

More than RM100 purchase: Free Delivery

36. All goods must be received by an adult aged 18 years or over. If the driver has doubt over

the age of the person receiving the goods, he is entitled to ask such person to show an identity

card to prove his/her age. If the person is shown not to be over 18 and no other person can

receive the goods, the Company shall not hand over the goods.

37. 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.

38. 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:

a) charge you for our reasonable storage 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 order, in which case we will refund to you or your credit card company

as applicable any money already paid to us under the order, less our reasonable administration

charges (including for attempting to deliver and then returning the product, and any storage fees

as provided).

39. If you request for redelivery, we are entitled to charge for providing the service.

40. It is the responsibility of the customer to notify the Company immediately of any change to their

delivery address.

41. We reserve the right to decline delivery of goods to any customer at our sole discretion

absolutely.

42. Shipping fee cannot be paid by Member Points, eVoucher & eCoupon.

43. Shipping fee excluded from earning Member Points

FORCE MAJEURE

44. We shall not be liable for any delay or failure in our performance caused by or resulting from

acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour

difficulties, equipment failures, or any other causes beyond our control.

DATA PROTECTION

45. Kindly refer to our Privacy Policy which forms part of these Terms and Conditions.

APPLICABLE LAW

46. These Terms and Conditions shall be governed by and construed in accordance with the

laws of Malaysia and any disputes will be resolved exclusively only by the Courts of Malaysia.

DISCLAIMER

47. By accessing and using www.kiselemental.com, you acknowledge and accept that the use

of the site is at your own risk. Subject to any rights you may have under any consumer protection

law and to the fullest extent permitted by law, we shall not be liable for any direct, indirect,

incidental, consequential or punitive damage or for damages for lost profits or for loss of revenue

arising out of any use of, access to, or inability to user the site. Without limiting the foregoing:

To the extent permitted by law, this site and all information and materials contained in it are

provided “As Is” without any warranty of any kind either express or implied including but not

limited to any implied warranties or implied terms as to title, quality, merchantability, fitness for

purpose, privacy or non-infringement. We have no liability or responsibility for any errors or

omissions in the contents of the site, to the extent permitted by law. We assume no responsibility

and shall not be liable (to the extent permitted by law) for any damage or injury arising out of any

use of or access to the site/catalogue, or any failure of performance, error, omission, interruption,

deletion, defect, delay in operation or transmission, computer virus, communication line failure,

interception of online communication, software or hardware problems (including without limitation

loss of data or compatibility problems), theft, destruction or alteration of the site, whether for

breach of contract, tortious behaviour, negligence or, under any other cause of action resulting

directly or indirectly from any access or use of the site/catalogue, or any uploading, downloading

or publication of data, text images or other material or information to or from the site.

PRIVACY POLICY

1. Our Pledge

We are committed to safeguarding your privacy and ensuring that your personal data is

protected. We therefore make sure that our policies and practices in relation to personal data

comply with the requirements of the Personal Data Protection Act 2010 (the “Act”) under the

laws of Malaysia.

2. Privacy Policy

This privacy policy applies to www.kiselemental.com (“the Site”) and to personal data

collected about you by the Company (“we”, “us” or “our”). By using the Site, you are agreeing to the terms of this privacy policy. If

you do not agree with any term of this policy, please do not use the Site.

Please note that this Privacy Policy may be amended from time to time by posting the updated

version here on the Site. You are advised to check it on a regular basis.

3. Collection of Personally Identifiable Information

When you visit the Site, we will record your visit only and will not collect any personally

identifiable information (i.e. information that is about you and identifies you) from you unless

otherwise stated. We use cookies and similar technologies to collect data about your use of

the Site. For your information, Cookies are small computer files that can be stored on your

computer for the purposes of obtaining configuration information and analysing your browsing

habits. They can save you from registering again when re-visiting a web site and are

commonly used to track your preferences in relation to the subject matter of the website. You

may refuse to accept Cookies (by modifying the relevant Internet options or browsing

preferences of your computer system), but if you do so you may not be able to utilize or

activate certain available functions on our Site.

4. Types of Personally Identifiable Information Collected

At times, you may be asked to provide your personally identifiable information (“Personal

Data”) including, but not limited to, your name, gender, age, telephone number, fax number,

home address, email address, credit card information, bank account number, education level,

occupation, household income, interests and favourite activities, etc. in order to enjoy the

service we offer. Specific purposes for which your Personal Data may be used are set out in

our Personal Information Collection Statement under section 6 below, including the use of

Personal Data for direct marketing.

5. Security

All personal data you provide to us is secured on our website with restricted access by

authorized personnel only. We maintain appropriate administrative, technical and physical

safeguards to protect the personal data you provide to us against accidental, unlawful or

unauthorised destruction, loss, alteration, access, disclosure or use and other unlawful forms

of processing

The Site may contain hyperlinks to other websites provided by third parties. We do not control

these third party websites or any of the content contained on those websites. Once you have

left our website, we cannot be responsible for the protection and privacy of any information

which you provide. You should exercise caution and look at the privacy statement for the

website you visit.

6. Enquiries

Should you have any enquiries concerning our Privacy Policy, please feel free to contact our

Customer Services Manager.

The address is as follows:

Email Address: kiselemental@gmail.com

6. Personal Information Collection Statement (“PICS”)

6.1 As a Keep It Simple Elemental Lifestyle customer, it may be necessary for you to provide us with your Personal Data when you apply to us and / or continue to subscribe with us for a service and / or product

("Services"). If your Personal Data is incomplete or incorrect, we may not be able to provide

or continue to provide the Services to you.

6.2 We shall keep your Personal Data confidential at all times. Our policies and practices with

respect to the collection, use, retention, disclosure, transfer, security and access of Personal

Data will be in accordance with the laws of Malaysia and are as set out in this PICS.

6.3 In this PICS, the following terms shall have the following meaning:

"Our affiliates" - means companies within Elemental Axis Enterprise, which operate Retail

Goods or Services business.

"Our subsidiaries" - means all the retail and manufacturing divisions operating under Elemental Axis Enterprise offering goods or services to consumers, including health & beauty products,

food and groceries, water and beverages, wine and electronics and electrical appliances.

"Retail Goods or Services" - means sales of goods or provision of services in relation to any of

the following (whether through physical or online channels): food & beverages, restaurants,

catering, groceries and household products, general merchandise, health & beauty,

pharmaceutical products, fragrance & cosmetics, wine and liquor, cigarette and cigar,

stationery, books and paper products, confectionary & toys, clothing, shoes, baby products,

pets products, fashion accessories, bags & luggage, jewellery, watches, furniture, plants and

accessories, sports & leisure equipment, phones & mobile devices, electronics & electrical

appliances, computer software and games, fuel, motor vehicle service.

6.4 You agree that all the Personal Data provided by you to us may be used and retained by

us for the following purposes and for other purposes as may be agreed between you and us or

required by law from time to time:

•providing the Services;

•analyzing, verifying and / or checking your credit, payment and / or status in relation to the

provision of the Services;

•processing any payment instructions, direct debit facilities and / or credit facilities requested

by you;

•enabling the daily operation of your account and / or the collection of amounts outstanding

in your account in relation to the Services;

•carrying out data sorting and analysis to enable us to better understand your characteristics

and buying behavior and to provide other services better tailored to your needs, and to assist

us in selecting goods and services that are likely to be of interest to you;

•providing you with regular communications from us with details of the Services and its

benefits;

•the normal management, operation and maintenance of the performance of the Services;

•research for service improvement and designing new, or improving existing, Services

provided by us, our subsidiaries or our affiliates to you;

•investigation of complaints, and suspected suspicious transactions ;

•prevention or detection of crime;

•disclosure as required by law;

•aggregated behavioral analysis.

6.5 We would also like to use your Personal Data (including your name, telephone number,

address and email address and other information provided to us when you register) for direct

marketing to you (whether by post, email, phone, SMS or the like) in relation to:

a. offers and promotions from us;

b. offers and promotions offered by our subsidiaries and our affiliates;

c. offers and promotions from other companies within Hutchison Whampoa Limited, in relation

to telecommunication goods and/or services, e-commerce services, insurance products and

services, hotel and tourism services and real property and related services;

d. other offers and promotions from the third party merchants that we cooperate with to

provide benefits to our customers in relation to the following types of products or services:

•Retail Goods or Services (as defined above)

•Financial, insurance, banking and credit cards;

•Transportation, travel and accommodation;

•Sports, leisure, recreation and entertainment;

•Telecommunications products and services;

•E-commerce (including trading and payment platforms and online auctions)

Please note that we cannot so use your Personal Data unless we have received your consent.

6.6 We may disclose and transfer (whether in Malaysia or abroad) to our agents or

contractors under a duty of confidentiality to us who provide administrative, data processing,

research and marketing, distribution, telecommunications, professional or other similar

services to us and to any of our actual or proposed assignees or transferees of our rights with

respect to you in connection with a merger, sale or transfer (whether of assets or shares), to

use, hold, process or retain such Personal Data for the purposes mentioned in paragraphs 6.4

and 6.5 above on our behalf.

6.7 You have the right to:

i. check whether we hold any of your Personal Data;

ii. access your Personal Data held by us;

iii. ask us to correct or update any Personal Data which is inaccurate;

iv. ascertain our policies and practices (from time to time) in relation to Personal Data;

v. opt out from receiving direct marketing materials from us at any time;

vi. subject to paragraph 6.1 above, limit our processing of your Personal Data.

6.8 Any requests in relation to the above shall be in writing (sent by post or email) and

addressed to:

Email Address: kiselemetal@gmail.com

6.9 In accordance with the Act, we have the right to charge you a reasonable fee for the

processing of any Personal Data access request.

6.10 Nothing in this PICS shall limit your rights under the Act.