ILLEGEAR TERMS AND CONDITIONS OF SALE
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
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
“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.
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.
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.
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.
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.
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.
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.
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.
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.