APPLICABILITY AND ACCEPTANCE OF TERMS
These General Terms and Conditions (the "Terms and Conditions") apply to:
- The use of any information, pictures, documents and/or other services on the online store of PVH Commercial Malaysia Sdn Bhd, together with our parent and affiliates ("Tommy Hilfiger," "we" or "us") located at https://my.tommy.com and any successor site(s) (the "Website"); and
- The purchase of Tommy Hilfiger branded products on the Website.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD DISCONTINUE YOUR ACCESS OR USE OF THE WEBSITE.
You represent that (i) you are of sufficient legal age or otherwise have legal capacity to legally agree to these Terms and Conditions and (ii) you will comply with these Terms and Conditions and (iii) you will use the Website in accordance with applicable law. By accessing the Website you also acknowledge that some content may not be suitable for people under the age of 18.
INFORMATION ON THE WEBSITE
All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on this Website, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display the applicable colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. By engaging in a purchase of a product or service made available by us on this Website (a "Transaction"), you represent that the products you order as part of the applicable Transaction will be used in accordance with all applicable laws. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service.
Tommy Hilfiger shall not be liable for any damage resulting from the use of or inability to use the Website, including damages caused by malware, viruses or any errors in or incompleteness of such information or the Website, unless such damage is the result of any willful misconduct on the part of Tommy Hilfiger.
Exclusion of Liability for External Links
If the Website contains links to other sites on the Internet, Tommy Hilfiger hereby declare explicitly that it has no influence on the layout or content of the linked pages. Tommy Hilfiger does not endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located on or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this Website, you do so entirely at your own risk. You should review the policies and terms and conditions associated with any linked sites closely before using, submitting information to such sites, and allowing children to visit such sites.
All brand names, logos, product names and titles used on the Website are trademarks or trade names of Tommy Hilfiger or third party trademark or trade name holders. You are not allowed to use or reproduce any such trademarks, logo or trade names as this may constitute an infringement of the holder's rights.
Ownership of Design, Images and Content
All Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source code, software and all other materials on this Website (collectively, "Content"), including all copyrights therein, are owned by Tommy Hilfiger and/or its suppliers or subcontractors.
You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource, or for your other personal and non-commercial use. You are not allowed to make any other use of the information and materials on this Website, including reproduction, modification, distribution or republication for purposes other than as mentioned above. Should you wish to use materials or information from this Website for any other purpose, you need our prior written approval to do so.
INFORMATION YOU PROVIDE/SUBMISSIONS
By making a User Submission, you represent and warrant (i) you own all right, title and interest in and to the User Communication, or you have the necessary approvals and permissions to grant the User Submissions License described above, (ii) the User Submission, and the exercise by Tommy Hilfiger of the rights granted it under the User Submissions License in relation to such User Submission, does not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy and contract rights of others and (iii) your User Submissions do not and shall not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms and Conditions.
We do not guarantee that User Submissions will not be lost or damaged or that you will be able to retrieve User Submissions.
RESTRICTIONS ON USE
While visiting the Website and participating in, accessing and using the features you must conduct yourself in a polite, courteous and respectful manner, comply with all applicable laws, rules and regulations and supply truthful and non-misleading information. For example, you may not: request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person's account; disguise the origin of a User Submission; alter, modify, frame, or "mirror" any Content; create a deep-link to our Website by by-passing our Website's home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Website; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Website or interrupt any user's experience on the Website, including, but not limited to, acting in any manner that disrupts users' real-time exchanges; interfere with or disrupt the Website, or servers or network connections to the Website, disobey any requirements, procedures, policies or regulations of networks connected to the Website; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; or attempt to gain unauthorised access to the Website (or any portion thereof).
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.
In addition to any remedies that Tommy Hilfiger may have at law if Tommy Hilfiger reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Tommy Hilfiger may take any action it reasonably deems necessary to cure or prevent the violation, including without limitation, the immediate removal from this Website of the related materials. Tommy Hilfiger will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Tommy Hilfiger to disclose the identity of anyone posting such materials.
TERMS OF SALE
You can order as a registered user or as a guest. You need an email address to place an order, and you may need to set your browser to accept both cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes adding products to your shopping cart and submitting your order.
Establishing an Account
Offer to Purchase
The products offered on the Website represent an offer to purchase products from Tommy Hilfiger based on the data provided on the Website.
All prices are indicated and charged in Malaysia dollars.
Orders on the Website and deliveries are possible only certain locations. If Tommy Hilfiger is not able to execute an order, Tommy Hilfiger will inform you as quickly as possible.
Orders are accepted only in quantities usual for households.
When you submit an order, we will send you an email acknowledging receipt of your order ("Order Confirmation"). This does not mean that we have accepted your order. Our acceptance of the order takes place when the products are shipped to you – we will send you an email confirming that the products have been shipped ("Shipping Confirmation").
Products on the Website are in stock and are ready to be sent. Any sizes that are out of stock are marked as unavailable. We may have stock issues from customers ordering products at the same time. When we are unable to ship an item already ordered, we may cancel that part of your order and you will be reimbursed or not charged accordingly. We work hard to keep our stock levels as accurate as possible. Occasionally, errors may occur. If the products you are looking for are sold out, you may wish to check availability with your Tommy Hilfiger store, through our Store Locator, or, as our stocks are regularly replenished, return to our online collection at another time.
If you have placed an order in error, or would like to cancel an order before it is delivered, please immediately call Tommy Hilfiger's customer service at Contact us 1800818777 (Toll free number) from 9 a.m. to 6 p.m. (HKT), Monday to Friday, closed on Saturdays, Sundays and Public Holidays (Hong Kong SAR calendar) or e-mail Tommy Hilfiger at: email@example.com. Tommy Hilfiger will do its best to assist you in any way it can. As Tommy Hilfiger always strives for quick deliveries, it means there is not much time to cancel your order.
Please note that we cannot make or accept any changes (address, size, color) once your order has been placed.
Right Not to Accept Orders
Fulfilment of all orders on the Website is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel an order by written notice to you in the following situations (which list is not intended to be exhaustive), without being liable for any damages or costs other than repayment of any amount received from you in relation to the order we have cancelled:
- The product is not available;
- Your billing information is not correct or not verifiable;
- Your order is flagged up by our security systems as an unusual order or an order susceptible to or suspected of fraud;
- We could not deliver to the address provided by you;
- Due to circumstances or events beyond our control.
You can pay for the products by the payment method as indicated in the checkout page.
If you have a promotion code, please enter it in the shopping bag page in the 'Promotion Discount' field and click on 'Apply'. Please check the expiry date of your promotion code before using it. Please note that you cannot use more than one promotion code for the same purchase order.
During the payment process Tommy Hilfiger may perform credit checks. Based on the outcome thereof Tommy Hilfiger may change, adjust or decline an order and/or the selected payment method. In most cases Tommy Hilfiger will offer you the option to select a different payment method. Our customer service team will not be informed of the outcome of credit checks.
The total price specified in the final checkout screen includes shipping costs and taxes, if applicable. This price will be recorded in the Order Confirmation. If paying by credit card, the total amount for your entire order will be reflected on your bank statement.
The prices of the products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have confirmed in the Order Confirmation.
Retention of Ownership
Any products purchased from the Website remain the property of Tommy Hilfiger until the payment process in website is completed and it is delivered to the carrier.
Standard Delivery Time
As a rule, delivery time is 5 to 7 working days after shipping the order. Please note that we are unable to ship orders to PO boxes. The delivery time will vary depending on the shipping method chosen and the location processing time.
Standard Shipping Fee is MYR 8 in Peninsular Malaysia and MYR 18 in East Malaysia. Free Shipping is offered for purchase at MYR 500 or above in a single order, excluding tax and duties (if applicable).
If the delivered products have obvious material or production defects, including damage caused by transport, please notify us of such defects immediately by email or phone. Not doing so will not affect your legal rights.
RETURN OF PRODUCTS
Return of Merchandise
The full amount (excluding the shipping fee, and taxes, if any) will be credited in the same format as the original form of payment if the returned item is postmarked within 14 calendar days of the shipping date on the proof of purchase and accompanied by the original return form.
After 14 calendar days, all merchandises are not eligible for return.
Unless otherwise stipulates by law, the original order’s shipping fee and taxes, if any, are non-refundable.
Under our Return and Refund Policy, a processing fee of MYR 8 will be charged for each domestic return in Peninsular Malaysia, and a processing fee of MYR 18 will be charged for each domestic return in East Malaysia. The processing fee will be deducted from the amount to be refunded for any items returned with the respective return code.
Method For Returns
Please contact Customer Assistance for return guidance.
Malaysia: 1800818777 (Toll free number)
Returned items must be in new and resalable condition.
Returned items that have been damaged, soiled, washed, worn or altered will be accepted and will be returned to the Customer.
Sale items being sold at a discount of 30% or more, fragrance, underwear bottoms (men’s, women’s, boys’ and girls’), socks and earrings are not eligible for return or refund and will be sent back to the customer.
No exchange service is available for purchased made through the Website.
Items purchased at Tommy Hilfiger stores cannot be returned or exchanged online.
Please allow 10 to 15 business days for your return to be delivered to Malaysia and processed. You will receive an email notification upon completion of the return processing.
CUSTOMS DUTIES, TAXES AND SHIPMENT OF ORDER
Customs, Duties, Taxes
Those ordered products for shipment to locations outside of Malaysia may be subject to customs duties, taxes and fees levied by the destination location, which are not included in the price of the products. The purchaser of the shipment will be the importer of record in the destination location and is responsible for all the relevant customs duties, taxes and fees. Tommy Hilfiger has no control over these charges and does not assume responsibility for the ordered products meeting local customs laws and/or duties and taxes.
Appointment as Agent
Regarding the delivery, you authorize Tommy Hilfiger to designate a carrier to act as your agent with the relevant customs and tax authorities in the destination location, to clear your merchandise, process and remit on your behalf the taxes, customs duties and fees paid by you for such item. Risk of loss and title for the products pass to you upon delivery of the products to the carrier, provided the payment process in website has been completed.
Promotional discount are non-transferable and there is no cash alternative. Only one promotional code will be accepted per order. The terms and conditions may vary for each promotional code and we reserve the right not to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions. We reserve the right to cancel an order in the event that an unauthorized promotional code has been used.
DISCLAIMER OF WARRANTIES
SUBJECT TO CLAUSE “LIMITATION OF LIABILITY”, THE WEBSITE AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE WEBSITE. TOMMY HILFIGER AND ITS AFFILIATES, SUPPLIERS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
LIMITATION OF LIABILITY
NEITHER TOMMY HILFIGER NOR ANY OF ITS AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR UNAUTHORIZED INTERCEPTION OF ANY APPLICABLE INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF APPLICABLE DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER TOMMY HILFIGER NOR ITS AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY CONTENT POSTED ON THE WEBSITE BY TOMMY HILFIGER OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE MAXIMUM LIABILITY OF TOMMY HILFIGER AND ITS AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED MYR 200.
While we try to maintain the integrity and security of the Website and the servers from which the Website is operated, we do not guarantee that the Website will be or remain secure, complete or correct, or that access to the Website will be uninterrupted. The Website may include inaccuracies, errors and materials that violate or conflict with these Terms and Conditions. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any unauthorized third party alteration to the Website, contact us at firstname.lastname@example.org with a description of the material(s) at issue and the URL or location on the Website where applicable material(s) appear.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS IN THE ABOVE MENTIONED SECTIONS MAY NOT APPLY TO YOU.
Tommy Hilfiger reserves the right to suspend or terminate your account (and delete the profile corresponding to such account and any accompanying content) or your use of this Website at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Website, products and services available on or through the Website at any time without notice. You are personally liable for any orders that you place or charges that you incur or are made under your account prior to termination. We shall not be liable to you or any third party for any of the foregoing.
Any sections of these Terms and Conditions that must survive termination in order to give effect to their intent and meaning shall survive termination of these Terms and Conditions.
If you have any questions about these Terms and Conditions or the Website, please direct your questions to email@example.com.
Changes to these Terms and Conditions
If Tommy Hilfiger decides to change these Terms and Conditions, we will post the changed terms and condition on the Website. You are advised to regularly check whether they have changed.
Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of Malaysia.
Any dispute arising from or relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the competent Malaysia court.
These Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Tommy Hilfiger.
If any provision of these Terms and Conditions is found to be unlawful, void or for any reason unenforceable, such provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provision.
You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent.
We will not be responsible for failures to fulfill any obligations under these Terms and Conditions due to causes beyond its control.
These Terms and Conditions, together with all policies referred to herein, constitute the entire agreement between you and Tommy Hilfiger relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Tommy Hilfiger relating to the subject matter herein.