PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND
OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
ACCESS TO THIS WEBSITE IS GRANTED BY ILLEGEAR SUBJECT TO THE FOLLOWING CONDITIONS. IF YOU DO NOT AGREE TO ANY
OF THESE CONDITIONS, PLEASE DISCONTINUE YOUR ACCESS.
2. PERSONAL DATA PROTECTION
Our privacy policy which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the
processing described therein and warrant that all data provided by you is accurate.
3. PROHIBITIONS
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a
virus or any other material which is malicious, technologically harmful, in breach of confidence or in any way
offensive or obscene; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe
upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material,
commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of
or accessed through this Website.
Breaching this provision would constitute a criminal offence under the Computer Crimes Act 1997.
ILLEGEAR will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other
technologically harmful material that may infect your computer equipment, computer programs, data or other
proprietary material due to your use of this website or to your downloading of any material posted on it, or on any
website linked to it.
4. TERM OF SALE
4.1 Definition
- “Account” means the ILLEGEAR Account that the Customer will need to register on our Website if he would like to submit an Order;
- “Business Day” means a day from 9.00 a.m. to 6.00 p.m. in Malaysia, excluding Saturdays, Sundays and gazette public holidays;
- “Customer” means a person who orders Product(s) via this Website;
- “Product(s)” means any products listed as shopping items on this Website;
- “Order” means the Order submitted by the Customer to this Website to purchase a Product(s) from the Seller;
- “Seller” means ILLEGEAR;
- “Website” or “this Website” means store.illegear.com.
4.2 Registration
Customer must register with the Seller by creating an Account on this Website. Customer must submit to the Seller
information, which is accurate, true and up-to date.
4.3 Formation of a contract
Information contained on this Website constitutes an invitation to treat. No information on this Website constitutes
an offer by Seller to supply any Product(s).
By placing an order via this Website, the Customer makes an offer to purchase the Product(s) and he agrees to be
bound by the terms and conditions contained herein as well as ILLEGEAR Product
Warranty contained on this Website.
Upon receipt of the Customer’s Order, Seller will verify the availability of the Product(s) and the Customer’s credit
card or other payment details. An Order is only considered accepted by the Seller upon Customer’s Order being
shipped to the delivery address provided by Customer or no contract in respect of any Product(s) shall exist between
the Seller and the Customer.
A Contract will relate only to those Product(s) which Seller deliver to the Customer.
For the avoidance of doubt, when Customer place an order, the Seller will send an order confirmation to the Customer
by email which will act as an acknowledgement of the Customer’s Order only and will not constitute as an acceptance
of the Customer’s Order.
4. 4 Custom-configured Product
We are pleased to offer product that is custom configured to your specifications, and we encourage the Customer to
review his order carefully and ensure that everything is in order and to his satisfaction, since the product is
built to his specifications the Order cannot be changed, modified or cancelled for any reason once
the Order is submitted to the Seller on this Website.
The Seller shall not be responsible for any interoperability, compatibility and/or upgrade issues that may arise
when: -
- a third-party software or options not supported by Product(s) ordered; or
- additional configuration(s) not supported by Product(s) ordered; or
- any third-party parts, devices, or components not supported by Product(s) ordered.
4.5 Supply of Product(s)
The pictures showing the Product(s) in this Website may not be identical to the
Product(s) as shipped to the Customer. The Seller shall have the right to supply the Product(s) which do not
correspond to the pictures appearing in this Website, provided always, that the said Product(s) perform
substantially the same function as described in this Website.
Seller shall have the right to make substitutions and modifications of the specification of the Product(s) ordered by
the Customer, provided always, that such substitutions or modifications will not materially affect the overall
performance of the Product(s) or the type of Product(s) ordered by the Customer.
4.6 Price and Payment
Whilst the Seller has made best efforts to ensure that all details, descriptions and
prices which appear on this Website are accurate, there may be instances where errors may occur. If the Seller
discover an error in the price of any Product(s) which the Customer have ordered, the Seller will inform the
Customer of this as soon as possible and give the Customer the option of reconfirming the Customer Order at the
correct price or cancelling it. If the Seller are unable to contact the Customer, the Seller will treat the
Order as cancelled and the customer will receive a full refund.
Seller are under no obligation to fulfil the Customer’s Order if the price listed on the Website is incorrect, even
after the Customer’s Order has been acknowledged by the Seller.
Customer can pay using any of our payment methods and partners listed on the Website.
For card payment, the Seller will carry out a standard pre-authorisation check on the payment card to ensure there
are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has
been completed. Customer’s card will be debited once the order has been accepted.
Seller will take all reasonable precautions to keep the details of Customer's order and payment secure, but Seller
cannot be held liable for any losses caused as a result of unauthorised access to information provided by the
Customer.
Seller reserve the rights to cancel any Order and/or decline any transactions deemed suspicious, regardless of
whether payment has gone through.
4.7 Delivery
Product(s) will be delivered to the delivery address provided by the Customer. Seller will use the carrier chosen by
the Customer.
Any dates quoted by Seller for the delivery of Product(s) are estimates only and shall not form part of the contract.
Seller aims to deliver promptly, however delays are occasionally inevitable due to unforeseen factors. Seller shall
be under no liability for any delay or failure to deliver the Product(s) within the estimated delivery time.
Seller will not be responsible for any tariffs, duty, customs restrictions, customs clearance, or other regulations
that apply in countries outside Malaysia. It is the responsibility of Customer to pay the charges levied by the
authorities and observe the respective regulations of the country in which he or she receives the Product(s).
4.8 Returns and Refunds
If Seller ships the wrong product or makes an error in the configuration of the product ordered, Seller will arrange
for a reverse pick up of the Order and resend a replacement Product(s).
Save and except the above, no Product(s) shall be returned to the Seller unless the Product(s) in question is
defective.
Customers may only return the entire Product(s) or all such Product(s) in their original packaging and sealed, along
with all documentation (i.e. invoice, original shipping label and manuals) and accessories, within five (5) days
from the Product(s) delivered date, for a refund or a replacement Product(s).
Replacement Product(s) will be shipped to the Customer if the Seller is satisfied that the Product(s) returned by the
Customer is defective after suitable tests and inspections by the Seller. Product(s) sold is not refundable. A
refund of product price only will be made to the Customer, if replacement Product(s) is not available. If the Seller
is not satisfied that the returned Product(s) is defective, the Seller will deliver the returned Product(s) to the
Customer at the Customer’s own cost.
Any refund or credit will not include any shipping, handling charges and/or bank processing fees.
5. CHANGES
Seller reserves the right to update, revise or change these terms and conditions, the price of the Product(s) and any
other information listed on this Website at any time. Any such changes will take effect when posted on the Website
and it is the Customer’s responsibility to read the terms and conditions and confirm the price of the Product(s) on
each occasion when he or she uses this Website and the Customer’s continued use of the Website shall signify his or
her acceptance to be bound by the latest terms and conditions.
6. THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not
responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any
liability or responsibility for any third-party materials or websites, or for any other materials, products, or
services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or
any other transactions made in connection with any third-party websites. Please review carefully the third-party's
policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims,
concerns, or questions regarding third-party products should be directed to the third-party.
7. 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 the control of Seller. Quantities are subject to availability. In the event of shortage,
Seller may allocate sales and deliveries at its sole discretion.
8. INTELLECTUAL PROPERTY
You acknowledge and agrees that all copyright, trademarks and all other intellectual property rights in all materials
and/or content made available as part of the Customer’s use of this Website shall remain at all times vested in
Seller or its licensors. You are permitted to use this material only as expressly authorised by Seller or its
licensors.
You acknowledge and agrees that the material and content contained within this Website is made available for their
personal non-commercial use only and that they may only download such material and content for the purpose of using
this Website. You further acknowledges that any other use of the material and content of this Website is strictly
prohibited and they agree not to (and agree not to assist or facilitate any third party to) copy, reproduce,
transmit, publish, display, distribute, commercially exploit or create derivative works of such material and
content.
The prices of the Product(s) paid by You are for the Product(s) and the services described herein and do not include
technical data, copyright, trademarks, or other intellectual property rights or proprietary rights of any kind
subsisting in the Product(s) or their packaging.
9. LIABILITY
All Product(s) provided in connection with this Website are on an “as is” and “as available” basis. Except as
otherwise expressly agreed, we make no representations, warranties, covenants or guarantees of any kind, express or
implied, as to the quality, suitability, accuracy or completeness of any information, content, service, or
merchandise provided through this Website. Customer expressly agrees that the use of this Website is at his or her
sole risk.
To the full extent permissible by applicable law, we disclaim all express or implied conditions, representations and
warranties, including but not limited to, any implied warranty of merchantability, non-infringement and fitness for
a particular purpose.
Subject to this Clause, we will not be liable for any loss of income, loss of profits, loss of contracts, loss of
data or for any indirect or consequential loss or damage or any kind whatsoever arising and whether caused by tort,
breach of contract or otherwise.
Subject to this Clause, our maximum aggregate liability whether in contract, tort (including negligence) or otherwise
shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
10. WAIVER OR INVALIDITY
Failure of us to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right
and remedies. The invalidity or unenforceability of any provision of these terms and conditions shall not adversely
affect the validity or enforceability of the remaining provisions.
11. HEADINGS
The section headings used herein are for convenience or reference only and do not form a part of these terms and
conditions, and no construction or inference shall be derived therefrom.
12. SEVERABILITY
If any clause in these Terms and Conditions or a contract shall become or shall be declared by any court of competent
jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other
clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and
Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
13. ASSIGNMENT
You shall not assign, transfer, novate, charge, sub-Contract, create any trust over or deal in any other manner with
these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and
Conditions or a Contract.
14. RELATIONSHIP
Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a
relationship of employer and employee between you and us.
15. THIRD PARTY RIGHTS
No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be
entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any
party to these Terms and Conditions or that Contract its assent to any such term.
16. GOVERNING LAW
These terms and conditions shall be governed by and construed under the laws of Malaysia.