In these terms and conditions, the “Follagroup” or “we” or “us” or “our” will mean Folla Group Marketing, and all of its employees, subsidiaries, affiliates, agents and partners. The “User”, “Clients” or “you” or “your” will mean any person, firm, company or body which using the sites or places an order through Folla Wellness under Login. “Folla Wellness” will mean the medium by which Products are offered for sale to the Client through this website which maintained by Follagroup.
Please read these Terms and Conditions carefully before using the online services of Folla Wellness (https://wellness.follagroup.com). By accessing this site, you agree that you have read these Terms and Conditions and that you accept and agree to be bound by them.
Please note that before placing an order you will be asked to agree to these terms and conditions. Please check the box of the statement to accept these terms and conditions before your checkout for your orders. If you refuse to accept these terms and conditions, you will not be able to order any products from the site (https://wellness.follagroup.com).
REGISTRATION AND ACCOUNT SECURITY
- The user is required to register an account according to the requirement as stated on the site for enabling placing an order.
- The requirements are included:
- The user must be over 18 years of age.
- The user must provide us with accurate, complete and up to date registration information during the registration process; the information shall include (but shall not be limited to) the User’s legal name, billing/mailing address, contact numbers and e-mail address. If the User provides any information that is (or becomes) untrue, inaccurate, not current or incomplete, Follagroup has the absolute right to suspend or terminate the registration of such User and/or refuse any and all its current or future use of this site.
- The user must safeguard the username and password to prevent unauthorised use. The User shall accept responsibility for all activities that occur under the Login and password. Follagroup shall use its best endeavours to prevent any unauthorised entry to the site. However, Follagroup shall not be liable for any damages or losses whatsoever if any third party gains unauthorised access to the site.
- Follagroup has the absolute discretion to refuse the registration of a potential User for any reason whatsoever and to terminate the registration of any of its Users for any reason whatsoever. Once the User has completed and submitted its registration, we shall deem that the User has opted-in to receive email communication and text message from us and the User shall be responsible for all charges imposed by the mobile phone carrier, if any.
- The User shall be liable for every Order made under Login and agrees to indemnify Follagroup for all claims, damages whatsoever made by any third party arising from the actions of a person placing Orders for the Products using the User’s Login. The User shall be responsible for updating his registration information in the account profile. The User shall immediately notify us in the event of any unauthorised use of the User’s Login.
PRICE AND PRODUCT
- Follagroup will 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 Follagroup’s acceptance at its sole discretion and stock availability.
- We shall make every effort to ensure products displayed on the website are in stock. If from time-to-time products become out of stock, we reserve the right to offer an alternative product(s) to the User of similar value and range.
- Prices charged for purchases on this website are for home delivery shopping only and may be different from those charged in stores. The price of certain Products is subject to change without prior notice based on market price fluctuation and promotions.
- The prices charged are those applicable on the day you order. You shall be charged according to the prices stated on this site it is inclusive of goods and service tax (GST). Unless otherwise stated, all prices quoted are in Malaysia Ringgit (MYR).
- Discrepancies between the on-line bill/Order price and the final bill may be due to out-of-stock products, substitutions, special offers and daily price changes. We reserve the right to adjust the final bill after the on-line bill/Order price is presented or conveyed to the User and such adjustments shall be marked on the final bill presented to the User at the time of delivery.
- In the event of different special offers or promotions being made available to the User simultaneously for the same Product, the User may select one such offer or promotion per Product but shall not be entitled to a combination of all such offers or promotions per Product.
- Follagroup may from time to time set credit limits for individual Users and we reserves the right to limit sales and quantities of Products including the right to prohibit sales to re-sellers and to revise, suspend or discontinue a Product, sale or promotion at any time without prior notice to the User.
- All orders are subject to confirmation of final availability and we reserve 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.
- All pictures and images of the products displayed on this site are for illustration purposes in order to help the users to recognise the products only. The actual size, dimension and colour of the Products may differ and these may not reflect exactly on the pack you receive due to packaging redesign and improvements.
ONLINE ORDER
- Once you have selected a product that you wish to order via Folla Wellness (wellness.follagroup.com), you will then be shown (on the website) the charges you must pay including taxes, and delivery charges, if applicable.
- The User shall pay for the order in full at the time of ordering by using our payment gateway, which we require in order to process your order.
- 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.
- 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
- We 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. The refund will be credited to User’s account depending on the period of time your PayPal or financial institution required to arrange for the refund.
- The User may cancel the Order up to the point in time before Folla Wellness has confirmed its acceptance of the Order and user will not incur any cost in doing so. If a user wishes to vary its Order, the User is required to first cancel the said Order and to replace it with a new Order thereafter. Such cancellation and/or variation of an Order is only allowed if the same is performed and notified to Folla Wellness within 24 hours of the initial Order is made by the User.
- Subject to the User’s consent, Folla Wellness may substitute a Product for another similar Product if the initial Product ordered by the User is unavailable. If there is no prior consent from the User for a substitution, no substitution shall be made.
- You are not allowed to cancel the order once a Confirmation of Order is issued. If you wish to seek further information or assistance, kindly contact us via +6016-6819806.
RETURN AND REFUND POLICY
- This Return and Refund policy shall only be applicable subject to the following conditions in paragraph 3 for the purchase via Folla Wellness and we also accept a return within 14 days if the User changes the mind about the products subject to the conditions in paragraph 6.
- If the User opts for replacement or exchange of Products, the affected Products can be returned or exchanged via courier or post. Provided Always that the User shall return or caused to be returned to Folla Wellness the aforesaid Products unused and in its original condition, quantity and packaging as it is first delivered to the User together with the proof of Order, payment and delivery of the Products.
- Exchange of the product or refund for the product can be arranged for the following reasons:
- If any Product has been delivered in a faulty, damaged or defective condition; or
- if the Product is out of date or expired; or
- if the wrong Product which is wrongly described or different from the Order is delivered.
- We will inspect the returned product upon return from you. If one or more of the conditions in paragraph 3 above is fulfilled, we will meet our legal obligation which may include refunding the purchase price at the point of ordering and we will reimburse the return shipping charges provided always that the courier payment slip is furnished to us upon seeking refunds, or providing a replacement product provided the item is returned within a reasonable time with proof of purchase. All replacements or exchange of Products shall be effected subject to stock availability.
- The User’s personal information will be used according to our Privacy Policy to process the refund or return. All refunds will be made to the User’s payment account via the same mode of payment (PayPal/ credit card/ debit card) and depend on financial institution takes to finalise the refund. We shall not be liable with respect to any loss, damage, cost or expense that the User or any person may incur as a result of any delay in financial institution processing the said refund.
- If User change of mind about the product(s) that has purchased from Folla Wellness, we will refund the purchase price or exchange the product(s) subject to the following condition:
- Product(s) must be returned within 14 days of purchase, together with proof of purchase; or
- product(s) must be in their original condition with all original tags/labels attached.
- If you request a refund, the purchase price will be refunded to you by using the original payment method once we inspect the returned product upon receipt of the same and the product(s) have been fulfilled the conditions above. You are responsible for any costs associated with returning the product(s) to us, including any currency conversion and/or local or international taxes.
- User is required to send back the affected Product(s) to us via a reliable courier service at the following address:-
Nutriva International Sdn. Bhd.
14B, Jalan Tun Mohd. Fuad Satu,
Taman Tun Dr Ismail,
60000 Kuala Lumpur, Malaysia.
- The user will be responsible for the risks and condition of the Product to be returned until it reaches us at the address above mentioned. We shall not be liable for any loss or damage to the Product prior to the Product is received by us. The Users are advised to pack safely the Product to prevent any loss or damage to the Product or its box or its original packaging.
PAYMENT TERMS
- Payment for Products ordered through Folla Wellness can be made by using a PayPal account, valid VISA or MasterCard via the secure PayPal gateway or Direct Bank Transfer. We shall not be liable for any credit card fraud. Please note that we do not receive cash on delivery. All product prices listed are in Ringgit Malaysia (RM).
- All payments in respect of an Order must be cleared before delivery of the Products. If the payment cannot be processed, the said Order will be rejected and the User is advised to contact PayPal, card issuer or financial institution to resolve any problem concerning the use of its payment method in order to continue with the Order.
- We may change at any time the method by which payments for Folla Wellness Orders may be affected and such changes may be notified to the User by e-mail or by placing a notice to this effect on the site.
- If payment to an Order has already been made, but the Order is rejected by us or cancelled by the User before we accepting the Order, you will be entitled to your refund, but the receipt of the refund will depend on the period of time your financial institution takes to finalise 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.
- We reserve the right to change the payment terms of any order without prior notice.
SHIPPING & DELIVERY
- We shall deliver the products to the delivery address specified and keyed in by the User but we cannot guarantee any firm delivery time 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, if the delay has been due to causes beyond the control of us. Your order will be delivered to you via the service of our appointed courier service company.
- At this juncture, delivery service is extended to Malaysia only. We aim to deliver within the timeframe indicated below from the date of the confirmation of acceptance of an Order within the aforesaid areas unless otherwise notified by us.
- 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.
- 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.
- Delivery Charges will be calculated based on the amount of purchases as below:
- The User is to notify us immediately of a change to his delivery address and contact number.
- All goods must be received by an adult aged 18 years or over and capable of receiving the delivery. The User or its representative may be required to produce proof of identity for delivery or collection of the Products and all deliveries shall be signed off by the User or its representative on the delivery invoices.
- 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.
- 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: Charge you for our reasonable storage fee and other costs reasonably incurred by us; or 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 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).
- If you request for re-delivery, we are entitled to charge for providing the service.
- We reserve the right to decline delivery of goods to any user at our sole discretion absolutely.
CONTENT & LINK
- Folla Wellness internet site may contain links to other sites and pages which are not maintained or controlled by Follagroup and for which Follagroup is not responsible. When you activate any of these links or pages you leave this site and access to such site or page is at the User’s own risk for which Follagroup disclaims all responsibility and liability.
- We disclaim all liability for information or materials posted by advertisers or sponsors on this site.
- All reasonable efforts are made to ensure that the information provided on this site is correct and up-to-date. However, the information may contain any errors, mistakes, omission or inaccuracies and Guardian reserves the right to correct any errors, mistakes, omission or inaccuracies. To the extent permitted by law, we disclaim all implied and/or express warranties and makes no representation as to the accuracy or completeness of any information on the site and we take no responsibility and assumes no liability for the content of the site or anything posted on or linked to it.
- Neither the materials nor any information contained on this site constitutes a solicitation. Such materials and information are provided for information purposes only and may be modified, deleted or replaced from time to time and at any time at Follagroup’s sole and absolute discretion.
WARRANTIES & LIABILITY
- To the extent permitted by law, all warranties, descriptions, representations or advice are given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of the Products supplied, are expressly excluded.
- No agent or representative of Follagroup is authorised to make any warranties, representations or statements regarding the Products and we shall not in any way be bound by any such unauthorised warranties, representations or statements.
- The liability of Follagroup whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Products or any other breach of our obligations hereunder shall not, in any event, exceed an amount equivalent to the price of the Products.
- Subject to any rights the User may have under any consumer protection law and to the fullest extent permitted by law, Follagroup, its parent, subsidiaries, affiliates or successors or their respective officers, directors, employees, agents, representatives, contractors or vendors shall not be liable to the User or any other person for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Follagroup, its parent, subsidiaries, affiliates or successors or their respective officers, directors, employees, agents, representatives, contractors or vendors be liable for any damage or loss caused by the User’s servants, agents, buyers or other persons whatsoever.
- The User shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The User expressly acknowledges and agrees that Follagroup assumes no obligation or liability for any advice or information given with the Products and we shall not be responsible for any inaccuracy or misstatement of any such information. The Products shall be accepted by the User entirely at the User’s risk.
INTELLECTUAL PROPERTY
- All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Folla Wellness in this website and all text, graphics, photographs, forms, diagrams and other materials published on it shall at all times remain the property of Follagroup. You may not copy, reproduce, republish, upload, download, post, transmit, store in a retrieval system, modify, alter or display in public or distribute in any way the contents or any part of this site for any purpose without Follagroup’s prior written permission.
- Follagroup and other parties own the trademarks, logos and service marks displayed on this site/catalogue and/or in connection with the Products and the Users and on-line visitors are prohibited from using the same without the written permission of Follagroup or such other parties. No right or license is given to any party accessing this site to use or reproduce in any manner any such marks or logos and we will not hesitate to enforce its right against such party.
FORCE MAJEURE
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
Kindly refer to our Privacy Policy which forms part of these Terms and Conditions.
VARIATION OF TERMS AND CONDITIONS
- Follagroup reserves the right to amend, modify, add, or remove portions of the Terms and Conditions from time to time or at any time in its sole discretion. We may, but does not undertake, to notify the User of such changes. It is the User’s responsibility to review the Terms and Conditions prior to submitting any Order and we shall have no responsibility to notify the User of any changes to the Terms and Conditions prior to the coming into effect of such changes or otherwise.
- Your continued use of the site or any part of it after the 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.
APPLICABLE LAW
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
By accessing and using Folla Wellness (wellness.follagroup.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 use 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.
Updated on April 29, 2022.