Terms And Conditions For Goods Sold By Paragon Vest Sdn. Bhd. on Brooksrunning.Com.My

 

These following Terms and Conditions constitute a legally binding contract between the Customer (hereinafter referred to as “Customer”or“you”interchangeably) and Paragon Vest Sdn Bhd (hereinafter referred to as “Company”or“PVSB”interchangeably). By placing an Order for any Products on the Website you agree to be bound by these Terms and Conditions.

 

Please read the following Terms and Conditions carefully as they contain important information about the ordering, processing, fulfilment and delivery of Products.

 

1.              Definitions and Interpretation

 

(1)           In this Terms and Conditions, unless the context otherwise requires, the following terms shall have the meaning respectively assigned to them hereunder:-

 

(a)            Account” means an online account registered by you on the Website for your sole, personal use;

 

(b)           Customer” means any authorized user of the Website;

 

(c)            Delivery Charge” means the flat rate of RM20.00 for delivery;

 

(d)           Order” means the order for the Products submitted by you on the Website;

 

(e)            Password” refers to the valid password that a Customer who has an Account may use in conjunction with the Username to access the Website;

 

(f)            Products” means the products available for sale on the Website;

 

(g)            Username” refers to the login identification name or code which identifies a Customer who has registered for an Account;

 

(h)           Website” means the domain www.brooksrunning.com.my, operated or owned by PVSB and include mobile versions and/or applications made available from time to time by PVSB; and

 

(i)             you” shall have the same meaning as Customer.

 

(2)           Where any word or expression is defined in these Terms and Conditions, the definition shall extend to all grammatical variations and cognate expressions of the word or expression so defined.

 

(3)           The headings to these Terms and Conditions and to the clauses herein shall not affect the construction of the provisions herein contained.

 

(4)           Words importing the masculine gender shall be deemed to include the feminine and neuter genders and words importing the singular number shall include the plural and vice versa.

2.              General Provisions

 

(1)           Eligibility

 

The Website is available only to individuals who are capable of entering into a legally binding agreement under Malaysian law.

 

A child who is below eighteen (18) years old and who is accessing the Website must obtain consent from your parents or legal guardian and their acceptance to be bound by these Terms and Conditions, their agreement to take responsibility for your acts and omissions while accessing the Website and to ensure you observe and comply with these Terms and Conditions.

 

(2)           Variation

 

(a)            The Company shall have the right in its absolute discretion at any time and without any method of notification, remove or vary the Terms and Conditions and/or any page of this Website. Such variation shall take effect retrospectively and if you use the Website after the date of the variation, you are deemed to have accepted all the variations.

 

(b)           Any typographical, clerical or other error or omission in any the Website, invoice or other document on our part shall be subject to correction without any liability on our part.

 

(c)            The Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. Therefore, the Company reserves the exclusive right to correct any errors, inaccuracies or omissions and to change or update information at any time without any prior notice.

 

(d)           The Company reserves the right to refuse any Orders placed based on information on the Website that may contain errors or inaccuracies, including without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

 

(3)           Termination & Suspension

 

The Company reserves its exclusive right warning and/or notice to immediately:-

 

(a)            restrict, suspend, or terminate the Customer’s access to all or any part of the Website and/or delete, terminate, deactivate or suspend the Account without assigning any reason thereto; and

 

(b)           to deactivate the Account if it has been inactive for a period of six (6) months or more, or if the Customer has breached any Terms and Conditions or if the Company believes that the Account is used for unlawful and/or undesirable activities.

 

 

 

(4)           Language

 

In the event these Terms and Conditions are translated in any language other than English then the English language version of these Terms and Conditions shall govern and shall take precedence over all other languages.

 

3.              Account

 

(1)           The Company may require you to register an Account to enable you to access or place Order via the Website.

 

(2)           The Account shall be for your sole, personal use and shall not be shared, assigned or transfer to any other person.

 

(3)           Kindly ensure that all information is entered carefully when creating an Account and all information in relation to your Account shall be complete, true and accurate. You further undertake to keep your Account information updated at all times so that it is current and up-to-date.

 

(4)           You shall not misuse the Website by creating multiple accounts nor set up an Account for someone else.

 

(5)           You shall promptly notify the Company of any known or suspected unauthorised use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Password.

 

(6)           You shall be solely responsible for safeguarding and maintaining the confidentiality of your Username and Password and all communications transmitted through the use of your Account shall be deemed to be communications made and issued by you.

 

4.              Price & Payment

 

(1)           All money references in this Website shall be in Malaysian Ringgit.

 

(2)           Whilst the Company will endeavour and make best efforts to ensure that all descriptions and prices which appear on this Website are accurate, there may be instances where errors may occur.

 

(3)           The Company is under no obligation to fulfil the Customer’s Order if the price listed on the Website is incorrect (even after the Order has been acknowledged by the Company)

 

(4)           In the event Company discovers an error in the price of any Products which the Customer have ordered, the Company will inform you of this as soon as practicably possible. In such circumstance, the Company will provide you an option of reconfirming your Order at the correct price or cancelling it. If you cancel your Order, you will receive a full refund.

 

(5)           If the Company is unable to contact you then the Company is entitled to treat your Order as cancelled and refund the money you had paid for.

5.              Order

 

(1)           An Order submitted by the Customer is an offer by the Customer to purchase the Products for the price plus the Delivery Charge (if any) as shown at the time of submission of the Order.

 

(2)           The Company at its absolute discretion may accept or reject the offer without providing any reason thereto.

 

(3)           Each Order placed, if accepted by the Company shall be a separate and binding agreement between the Customer and the Company in respect of the supply of the Products, in accordance with these Terms and Conditions.

 

(4)           If an Order is placed for a third party to receive the Products, the Customer must obtain the third party’s consent prior to providing the Company with their personal information and by placing an Order, the Customer confirms to the Company to have done so.

 

(5)           Returns and Exchanges

 

Please refer to our Returns and Exchanges policy, which forms a part of these Terms and Conditions.

 

(6)           Shipping Policy

 

Kindly refer to our Shipping Information, which forms a part of these Terms and Conditions.

 

6.              Linked Sites

 

(1)           The Website may contain links and/or references to other websites (“Third Party Website”). Any inclusion or reference to any Third Party Website does not imply the

Company’s approval or endorsement of those website.

 

(2)           In the event you decide to leave the Website and access the Third Party Website, you agree to do so at your sole risk. The Company has no control over, and is not responsible for the content on the Third Party Website or for any damage you may incur including without limitation any virus, spyware, malware, worms, errors or damaging material contained in the Third Party Website.

 

(3)           Third Party Website are not investigated, monitored or checked for accuracy or completeness by the Company and the Company shall not be responsible for the contents, accuracy and/or opinions expressed in Third Party Website and you hereby irrevocably waive any claim against the Company in respect of the Third Party Website.

 

 

 

 

 

7.              Waiver

 

No failure or delay by the Company to exercise or enforce any rights conferred upon it under these Terms and Conditions shall operate as a waiver of such right or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our rights under these Terms and Conditions.

 

8.              Entire Agreement

 

These Terms and Conditions shall apply to all sale and supply of the Products and shall constitute the whole agreement between the parties hereto and supersedes all previous representations, warranties, terms or agreements previously made between the parties whether written or oral, if any.

 

9.              Force Majeure

 

The Company shall not be liable for any delay to comply with any of its obligations under this Terms and Conditions, if it is caused by any event or circumstances, regardless of whether it was foreseeable, that was not caused by the Company and/or that prevents the Company from complying with any of its obligations under this Agreement (hereinafter referred to as “Force Majeure Event”).

 

10.           Indemnity

 

The Customer at all times agrees and undertakes to indemnify, hold harmless and defend the Company, its parent company, subsidiaries, associated companies, directors, officers, consultants, employees, servants, suppliers, agents, affiliates or assigns from any and all third party claims, damages, liabilities and expenses (including but not limited to legal fees and disbursements) sustained, incurred or paid by the Company directly or indirectly, due to or from the Customer’s use of this Website or breach of the Terms and Conditions or arising out of the Customer’s violation of any law or the rights of a third party.

 

The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies we may have in law. The provisions of this Terms and Conditions in so far as the same shall not have been performed at completion shall remain in full force and effect notwithstanding completion of purchase.

 

11.           Severability

 

The invalidity, unlawfulness or unenforceability of any clauses of this Terms and Conditions will not affect the validity, lawfulness or enforceability of the remainder clauses and the invalid, unlawful or unenforceable clauses will be severable.

 

12.           Law and Jurisdiction

 

These Terms and Conditions shall be governed in all respects by the law of Malaysia.

 

 

13.           Personal Data Protection

 

Please refer to our Privacy Policy, which forms a part of these Terms and Conditions.