TERMS & CONDITIONS
This BROS online store (“SITE”) is fully owned and operated by Living Wing Sdn Bhd. Please review the following basic terms that govern your use of and purchase of products from the Site. Please note that your use of the Site constitutes your agreement to follow and be bound by the terms (the “Agreement”). We may change the terms that govern your use of the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to the Site from time to time. Every effort is made to keep the Site up and running smoothly. However, we take no responsibility for, and will not be liable for, the Site being temporarily unavailable due to technical issues beyond our control.
In these Agreement, “BROS” means Living Wing Sdn Bhd, a company incorporated in Malaysia under registration number of 604553H, “Buyer” means the person who accepts a quotation of BROS for the supply of Goods or who otherwise enters into a contract for the supply of Goods with BROS. “Contract” means the contract for the purchase and sale of Goods, howsoever formed or concluded. “Goods” means the goods (including any instalment of the goods or any parts for them) which BROS is to supply in accordance with a Contract.
Use of the site
By accessing the Site you warrant and represent to BROS that you are legally entitled to do so and to make use of information made available via the Site. Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features; you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify BROS of any unauthorised use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this Site are registered and unregistered trademarks of BROS. Nothing contained on this Site should be construed as granting any license or right to use any trademark without the prior written permission of BROS.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by BROS. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by BROS in advance.
External links may be provided for your convenience, but they are beyond the control of BROS and no representation is made as to their content. Use or reliance on any external links and the content there on provided is at your own risk.
The Site information is provided by BROS and while BROS endeavor to keep the information up to date and correct, the Site make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Disclaimer of liability
The Site shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the Site, any information contained on the Site, your or your company’s personal information or material and information transmitted over our system. In particular, neither BROS nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Conflict of terms
If there is a conflict or contradiction between the provisions of these Site terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Site shall prevail in respect of your use of the relevant section or module of the Site.
Orders and specifications
Order acceptance and completion of the Contract between the Buyer and BROS will only be completed upon BROS issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, BROS shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. BROS shall furthermore be entitled to require the Buyer to furnish BROS with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of BROS and on terms that the Buyer shall indemnify BROS in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages charges and expenses incurred by BROS as a result of the modification or cancellation, as the case may be.
BROS warrants that the BROS products purchased from this Site to be free from any defects in material or workmanship at the moment of delivery to the buyer. In no event will BROS be liable for incidental, consequential or special damages. Any claim by the Buyer which is based on any defect in the quality or condition of BROS products or failure to correspond with specification shall be notified to BROS within 3 days from the day you received the product.
Product availability & pricing
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, the Site shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. The Site shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, the Site shall immediately issue a credit to your credit card account in the amount of the incorrect price.
The Site have made every effort to display the colours of BROS products that appear at the Site as accurately as possible. However, as the actual colours you see will depend on your computer monitor, the Site cannot guarantee that your monitor’s display of any colour or texture or detail of actual merchandise will be accurate.
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
These terms shall be governed by and constructed in accordance with the laws of Malaysia without reference to conflict of laws principles and disputes arising in relation here to shall be subject to the exclusive jurisdiction of the courts at Malaysia.