These General Terms and Conditions for online sales (“Terms”) and together with our website terms on use and our privacy policy provide you information about us and the legal terms and conditions on which we sell any of the products listed on our website (hereafter referred to as the “Website”) to you.
These terms will apply to any contract between us for the sale of products to you. Please read these Terms carefully and make sure that you understand them, before ordering any products from the Website. You may print and store a copy of these Terms for your records. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any products from the Website.
We amend these Terms from time to time as set out in Clause 13 (Changes to these Terms). Every time you wish to order products, please check the terms to ensure you understand the Terms, which will apply at that time.
1. Preliminary Provisions
1.1 Identity of the Seller
The Website is owned and operated by MINTHA CARE COMPANY LIMITED, which is a company legally registered in the Republic of the Union of Myanmar (Registration Number 100356643) (hereafter referred to as the “Company”).
1.2 Identity of the Purchaser
For the purposes of these terms, the term “Purchaser” means the person buying products on the Website (“Products”). To be eligible to purchase the Products on the Website, the Purchaser must be an end-consumer (i.e. an individual, not acting as a retailer) residing in the Republic of the Union of Myanmar and must be at least eighteen (18) years old.
By placing an order, the Purchaser agrees that:
a. He/she is eligible to purchase the Products on the Website regarding the laws and regulations of the Republic of the Union of Myanmar;
b. the purchase of the Products on the Website is unrelated to any professional activity and is limited to personal use; and
c. he/she will not resell or distribute the Products purchased on the Website or any samples.
In case of the Purchaser has the willingness to resell or to distribute the Products, the Purchaser shall obtain prior written permission of the Company and shall comply with the terms and conditions of the Company.
The Purchaser accepts these General Terms and Conditions for online sales. The Purchaser may save or print these terms without changing them.
1.3 Information on the products
The images of the Products on the Website are for illustrative purposes only. Although the Company makes every effort to display the colours accurately, the Products received may vary slightly from those images.
All Products shown on the Website are subject to availability. The Company will inform the Purchaser by e-mail as soon as possible if the product ordered is not available. The Company reserves the right to add new products, remove products or change their appearance or price at any time. In the absence of an error, the Information on the products and prices applicable to the order will be those appearing on the Website at the time the Purchaser confirms their order.
1. 4 Customer Service
For any information, questions or advice on the order or the products, please contact the Company’s Customer Service:
a. by telephone on 09 89 407 28 39 or 09 97 98 51 955 (local call cost if you are calling from Myanmar);
b. through the CONTACT FORM of the website
c. by e-mail to: supervisor@minthacare.com ; or
d. by post to: Times City Office, Tower-2, Level- 17, Room no.1701, Kamayut Township, Yangon Region, Myanmar 11052.
2. The Order
2.1 Order Process
The Purchaser selects the product(s) of his/her choice and adds it/them under the virtual cart. He/she can check the details of the planned purchase and change them at any time.
The Purchaser must then validate his/her details, billing address, location and form of delivery and the selected payment method. Please take the time to read and check the order at each page of the order process.
As soon as the Purchaser confirms his/her order by clicking on the relevant icon, the Purchaser is considered to have confirmed the contents and conditions of the order, the prices, characteristics, quantities and delivery deadlines for the ordered products. The order cannot be amended after this point.
2.2 Order confirmation
After the order is placed, the Company will call the purchaser and inform about the terms and conditions of the order. Please note that this does not mean that the order has been accepted. The Company’s acceptance of the order will take place when the products are dispatched for delivery.
Orders can only be processed via the Website.
2.3 Unavailability of Products
If a product the Purchaser has ordered is unavailable, the Company will inform the Purchaser before any other purchased products are dispatched. Only the Products, which are dispatched, will be invoiced.
2.4 Cancellation of the order
The Company reserves the right to cancel any orders at its sole discretion including without limitation:
a. where the Products are unavailable;
b. where the Purchaser orders more than 15 (fifteen) products of one reference;
c. where the Company has reason to believe that the Purchaser does not comply with the eligibility criteria set out in these terms;
d. where the information provided by the Purchaser is incomplete or inaccurate;
e. where the Purchaser fails to pay any amounts owed by it to the Company; and
f. where there are events beyond the Company’s control as set out in Clause 9 (Events outside the Company’s control).
The Purchaser may cancel his/her order by exercising his/her right of withdrawal under the conditions stipulated in Clause 6 (Cancellation).
3. Prices
The sale prices of the Products are indicated in Myanmar Kyats (MMK) with Commercial Tax included and may vary over the course of the year, but the Products ordered are invoiced at the rate in effect on the day of the order and excluding delivery charges.
The Company takes reasonable care to ensure that the prices of the Products are correct at the time when the relevant information was entered onto the system. However, if the Company discovers an error in the price of the Products ordered, the Company will notify the Purchaser of the correct price and if the Purchaser does not wish to purchase the Products at that price, the order will be cancelled.
4. Payment Conditions
Payment for the Products can be made using a debit card or credit card. The Company accepts the following cards: Visa, Mastercard, MPU, Union Pay. Payment by cheque is not accepted.
Payment can also be made by cash upon delivery of the products and depending on the delivery company.
Payment for the Products and all applicable delivery charges is in advance. The Company will charge the Purchaser’s debit card or credit card soon after the date of order.
5. Delivery
5.1 Delivery Procedures
The Products are only delivered in the Republic of the Union of Myanmar. When ordering, the Purchaser should choose the most convenient delivery method from amongst those proposed and, if required, should provide clear delivery instructions if the delivery address is difficult to locate or access.
5.2 Delivery Deadlines
The delivery time of the Products will depend on the option selected by the Purchaser when placing the order, and will in any event be within thirty (30) days of order, except if affected by events beyond the Company’s control as set out in Clause 9 (Events outside the Company’s control). Any delivery dates are estimates only and the Company does not guarantee that delivery will occur on the given date.
If no one is available at the delivery address to take delivery, the delivery driver will leave a note with details of how to rearrange delivery or collect the products. If the Purchaser does not collect the products or does not take delivery of the Products within a reasonable period and the order is returned to the Company, the Company will be entitled to treat the order as having been cancelled and will refund the amount of the order.
5.3 Verification of the order on receipt
The Purchaser should check immediately the condition of the package upon delivery. If the Purchaser has any concerns regarding the condition of the package or if any products are missing from the order or are incorrect or faulty, the Purchaser should immediately inform the delivery driver and notify the concerns on the delivery slip or, if this is not possible, should notify the Company’s Customer Service Team as soon as possible.
The Products will be the Purchaser’s responsibility from the completion of delivery. The Purchaser will own the Products once they have been delivered provided that the Company has received payment in full, including all applicable delivery charges.
6. Cancellation
6.1 Cancellation
The Purchaser has the legal right to cancel their order and withdraw from the contract without reason within the period of fourteen (14) days of the date of receipt of his/her order. If that fourteen (14) day period expires on a Saturday, a Sunday or a public holiday, the deadline will be extended until the following business day.
In order to exercise this right, the Purchaser shall, before the expiry of the fourteen (14) day deadline, inform the Company of his/her desire to cancel the contract This may be done using the methods below (but these methods are not obligatory):
a. completing the cancellation form at the bottom of these terms;
b. completing the return form contained in the package;
c. sending a letter or e-mail addressed to the Company’s Customer Service Team and including the following information: name, postal address and, if available, the Purchaser’s telephone number, order number and e-mail address.
6.2 Return of Products
Where the Purchaser exercises their right to cancel, they must return the cancelled Products to the Company within fourteen (14) days of the date of cancellation. Unless the Products are incorrect, inaccurate or faulty at the time of delivery, the Purchaser will be responsible for the cost of returning the products to the Company.
The Products should be returned complete but not partial and in good condition in the original packaging.
For hygiene reasons, cosmetic products (skincare products, perfumes, make-up and haircare products) must be returned intact, in good condition, unopened and in a condition which is suitable for resale. Opening these products will make them unsuitable for future resale.
Failing to return the complete and original packaging will also reduce resale value, and the Purchaser’s refund may be reduced to reflect this.
If any free or multi-purchase discount Products were included in the cancelled order, these must also be returned with the cancelled Products.
The Purchaser should retain the proof of postage and provide it to the Company in the unlikely event that the Company does not receive the returned products.
The products should be returned in good condition and the Purchaser has a duty to take reasonable care of the goods.
6.3 Reimbursement following Cancellation
The Company will refund to the Purchaser the amount paid for the cancelled products together with the delivery charges within a maximum period of fourteen (14) days from the qualitative and quantitative verification of the returned products.
Refunds will only be made against the original debit card or credit card used.
7. Other Returns – Damaged, Faulty, Incorrect Items
The Company hopes that its Purchasers are very happy with the Products. The Company is under a legal duty (under the Myanmar Consumer Protection Law 2019) to supply products that are as described, fit for purpose and of satisfactory quality. Nothing in these terms will affect the Purchaser’s legal rights.
In the unlikely event that a Purchaser receives a product which does not comply with these requirements, please contact the Company’s Customer Service Team and then return the product to Mintha Care Company Limited Times City Office Tower -2, Level – 17- Room no. 1701- Kamayut Township, Yangon Region, Myanmar 11052, accompanied by the return form (available under the Website or inserted into the package).
If the products do not comply with those requirements, the Purchaser will receive a full refund of the price of the Products together with the applicable delivery charges and the cost of postage or collection.
8. Liability
The Company only supplies products via the Website for domestic and private use unless otherwise agreed regarding the Clause 1.2 of this General Terms and Conditions for online sales. The Purchaser agrees not to use any products purchased from the Company’s Website for any commercial, business or re-sale purposes.
The Purchaser should ensure that they have read the label before using any Products and comply with any instructions for using the Products. If the Company fails to comply with these terms or is negligent, the Company will be responsible for any loss or damage which the Purchaser suffers that is a foreseeable result of the Company’s breach of these terms or its negligence, but will not be responsible for any loss or damage that is not foreseeable.
Loss or damage is foreseeable if it is an obvious consequence of the Company’s breach or if, at the time the products were dispatched, both the Company and the Purchaser knew it might happen.
The Company does not in any way exclude or limit its liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation or in any other circumstances which are not permitted by law (including for breach of the Purchaser’s legal rights in relation to the products).
9. Events Outside the Company’s Control
The Company shall not be liable or responsible for any failure to perform, or delay in performance of, any of the Company’s obligations under its contract with the Purchaser that is caused by events outside of the Company’s reasonable control.
10. General
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If the Company fails to insist that the Purchaser perform any of its obligations under these terms, or if the Company does not enforce its rights against the Purchaser, or delays in doing so, that will not mean that the Company has waived its rights against the Purchaser and will not mean that the Purchaser does not have to comply with those obligations.
11. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of the Republic of the Union of Myanmar. The Purchaser agrees, as the Company does, to submit their disputes according to the mechanisms set forth by the Myanmar Consumer Protection Law No. 09/2019 and/or to the exclusive jurisdiction of the courts of Yangon in the Republic of the Union of Myanmar.
12. Use of the Website and Use of Personal Information
The Purchaser’s use of the Website is governed by the terms set out in the Legal Notice page.
The Company will only use the Purchaser’s personal information in accordance its Privacy Policy and Cookies Policy contained in the Website Terms of Use. The Purchaser should take time to read these documents as they contain important terms which apply to the Purchaser.
13. Changes to these Terms
The Company may revise these terms and conditions from time to time including without limitation in the following circumstances:
a. to make changes to the order and delivery process;
b. to make changes to the way in which payment is accepted; and/or
c. to reflect changes in relevant laws and regulatory requirements.
Every time a Purchaser places an order for the Products, the terms in force at that time will apply to the contract between the Company and the Purchaser.
The General Terms and Conditions for online sales have been last updated in February 2021.