Terms and Conditions

Terms and Conditions

  1. Introduction and Acceptance of the Terms and Conditions
    1. This website is operated by https://dropstreetwear.com/, and the company is Pakatan Untung Sdn. Bhd. 
    2. By visiting our website, you agree to be bound by the following terms and conditions (“Terms and Conditions”). 
    3. These Terms and Conditions apply to all users of the website, including but not limited to, users who are browsers, vendors, customers, and/or merchants.
    4. Please read these Terms and Conditions carefully before accessing or using our website. 
    5. By accessing or using any part of the website, you agree to be bound by these Terms and Conditions. 
    6. If you do not agree to any of the terms and conditions of this agreement, you may not access the website or use any its services. 
    7. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page for changes. 
    8. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
    9. We reserve the right to change, modify, suspend or discontinue all or any part of this website at any time, and we shall not be held liable in such instances.
  2. General Terms and Conditions
    1. Nothing in these Terms and Conditions seek to exclude or limit any rights available under applicable law which cannot be excluded or limited. 
    2. You understand that by using the website, you may be exposed to content that you may consider to be offensive, indecent, questionable and/or objectionable, which you have agreed to such exposure.
    3. To the maximum extent permitted by applicable law, under no circumstances will we be liable in any way for any services, products, information, details, particulars, transactions, including, but not limited to, any errors or omissions in the website, or any loss or damage of any kind incurred as a result of the use of, or reliance on, the website.
    4. You acknowledge and agree that we shall have the right (but not the obligation) to pre-screen, refuse, delete, stop, suspend, remove or move any content, including without limitation any content or information posted, that is available on the website. 
    5. You agree that you must evaluate, and bear all risks associated with, and/or losses suffered as a result of the use of the website, in which you also agree to waive your right to claim against us for any losses suffered from using our website. 
  3. General Website Content
    1. This website provides a platform for the public to purchase goods from us. 
    2. In the event where the buyer has placed an order on the platform for the purchase of goods sold by us, and we have accepted the same, this shall constitute a contract entered into directly between the buyer and us. 
    3. Any information made available on the website in connection with the supply of goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs or any information disclosed are not binding and for information and illustration purposes only. 
    4. In entering into the contract, the buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.
    5. You agree and acknowledge that all listings in our website are an invitation to treat.
    6. We try to offer reliable data, but we cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold us responsible for inaccuracies in the catalogs.
  4. Warranties and Remedies
    1. Subject as expressly provided in these Terms and Conditions, all other warranties, conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
    2. No condition is made or to be implied, nor is any warranty given or to be implied as to the life or wear of the goods supplied, or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to us.
    3. Any description given of the goods is given by way of identification and illustration only, and the use of such description and illustration shall not constitute a sale by description.
    4. We shall be under no liability in respect of any defect arising from unsuitable or improper use, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, failure to follow our instructions (whether oral or in writing), misuse or alteration or repair of the goods without our approval.
    5. Where there is any defect in the quality or condition of the goods or where the goods fail to correspond with specification, the buyer may apply to return the defective and/or damaged goods to us for a refund, subject to our inspection and decision, which you agree and acknowledge to be unchallengeable.
  5. Disclaimer
    1. We try to keep our services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our services. 
    2. Notification functionality in our applications may not occur in real time. Such functionality is subject to delays, which is beyond our control, and we shall not be held responsible for all losses suffered by you.
    3. You agree that you are making use of our services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. 
    4. We do not represent or warrant that the information or merchandise provided through this site is accurate, complete or current.
    5. Products, price and availability information are subject to change at any time without notice. 
    6. The prices listed on this website are not offers to form a contract but merely an advertisement for offers, or an invitation to treat. 
    7. Except as specifically stated on this website, under no legal theory, tort, contract or otherwise shall we nor any of our directors, officers, or employees be liable for the following arising out of or in connection with the use of or inability to use this site: indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. 
    8. We also assume no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from the website.
    9. In addition, to the extent permitted by applicable law, we  are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, loss of profits, intangible losses, special, direct, indirect, incidental or consequential damages or losses) resulting directly or indirectly from (i) your use of, or your inability to use, our websites, services, applications or tools, (ii) pricing, shipping or other guidance provided; delays or disruptions in our services, (iii) viruses or other malicious software obtained by accessing, or linking to, our services, (iv) glitches, bugs, errors, or inaccuracies of any kind in our services, (v) damage to your hardware device from the use of our service, and (vi) the content, actions or inactions of third parties, including items listed using our services or the destruction of allegedly fake items.
    10. You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you purchase on our websites.
  6. Product Description
    1. We make every effort to ensure that the information on our website relating to our products is accurate in all respects and up to date. 
    2. We regularly update our website but it is possible that the information appearing on our website from time to time may not reflect the position at the precise time you place an order. 
    3. We take great care with reproducing the exact colour of products. The limitations of colour representation and the individual colour settings of your PC screen may mean a variation to the colour of the product. 
    4. We take every care to ensure accurate descriptions of product, but you hereby acknowledge and agree that specifications of products may vary from that shown on our website.
  7. Pricing
    1. With respect to items sold by us, we cannot confirm the final price of an item until you order. 
    2. Despite our best efforts, a small number of the items in our catalog may be mispriced. 
    3. The price of the goods shall be the price stated on the platform at the time which the buyer places and completes the order on the platform at the time of payment.
    4. If the correct price of an item sold by us is higher than our stated price, we will, at our absolute discretion, either contact you for instructions before shipping, or cancel your order and notify you of such cancellation without prior notice. 
  8. Delivery
    1. Once we have received and accepted your order and received full payment, our aim is to deliver within 14 working days. 
    2. All orders are subject to stock availability. 
    3. Each item ordered is an individual order, although we will where possible consolidate multiple orders into one shipment. 
    4. We may for stock and packaging requirements need to ship products to you in multiple packages and at different times.
    5. We will use a third party or parties to deliver the product(s) to you. This may be through the postal system or via a courier company. 
    6. We cannot and will not be responsible for the third party’s failure to deliver the product(s) to you. 
    7. We cannot and will not be responsible for the third party’s delay to deliver the product(s) to you.
    8. In the event that the third party requires you to sign to acknowledge receipt of delivery, we are entitled to rely on any signature that may be given by you or any other person at the address the delivery is made to confirm delivery or other purposes.
  9. Return and Refund
    1. Buyer may only apply for return of the purchased goods in the following circumstances: the goods delivered to buyer is defective and/or damaged on delivery; the goods delivered to buyer is materially different from the description provided in the listing of the goods; the goods delivered to buyer materially differ from the agreed specification (e.g. wrong size, colour, etc.) stipulated in the order; and such other circumstances which may be prescribed by us on the platform.
    2. If you are returning the product to us for any other reason such as claiming the product is defective or the product is different from the description, we will examine the product, and if we decide a refund is appropriate, we shall, in our absolute discretion, notify you thereof within a reasonable period of time, and in any event within 28 business days of our notifying you that you are entitled to a refund. 
    3. If you return a product that we agree is defective, unfit to the description, or any other reasons which we deem acceptable, we shall also refund you the cost of delivery to you and the cost of returning the product to us. 
    4. In the event where we do not agree the product is defective or should be refunded for whatsoever reasons as we deem fit, we shall return it to you stating the reasons for our decision.
    5. We will normally make any refunds using the same method of payment used by you when you placed your order, unless otherwise stated.
  10. Copyright and Intellectual Property
    1. The copyright in this website and its contents, including but not limited to the text, images, graphics, sound files, animation files, video files and their arrangement are our property and are protected by applicable Malaysian and international copyright laws. 
    2. No part or parts of this website may be modified, copied, distributed, retransmitted, reverse engineered, broadcast, displayed, performed, reproduced, published, licensed, transferred, sold or commercially dealt with in any manner or by any means or stored in an information retrieval system without our express prior written consent.
    3. You also may not, without our prior written consent, insert a link to this website on any other website, frame or “mirror” any materials contained on this Website on any other server.
    4. Any such unauthorized reproduction, retransmission or other copying or modification of the contents of this website may be in breach of statutory or common law rights which could be the subject of legal action.
    5. All trademarks or service marks displayed in this website are our property and, where applicable, third party proprietors identified in the website. 
    6. No right or license is given to any party accessing this website to download, reproduce or use any such trademarks or service marks are approved in advance by us in writing.
  11. Indemnification 
    1. Each user hereby agrees to indemnify us, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims relating to products offered or displayed on the website. 
    2. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses.
    3. You agree to defend, indemnify and hold us harmless and against any and all claims, damages, costs and expenses, including solicitors’ fees, arising from or related to your use of the website.
  12. Termination
    1. These Terms and Conditions are effective unless and until terminated by us. 
    2. In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted here.
    3. Upon any termination of these Terms and Conditions, you shall immediately cease all access to and use of the platform and/or services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this platform and/or services in whole or in part, in which you hereby agree that we shall not be liable for any losses suffered by you due to the termination.
    4. Any termination of these Terms and Conditions shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. 
    5. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms and Conditions for all purposes.
  13. Governing Law
    1. If a dispute arises, you shall first contact us to seek for mediation and/or resolution before taking any legal action against us. 
    2. Any claim, dispute or matter arising under or in connection of our website shall be governed by and construed in all respects by the laws of Malaysia. 
    3. These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. 
    4. You hereby agree to submit to the jurisdiction of the Courts of Malaysia.
  14. Severability
    1. If any one or more of the revisions contained in these Terms and Conditions shall for any reason be held to be unenforceable, illegal or otherwise invalid in any respect under the law governing these Terms and Conditions, such unenforceability, illegality or otherwise invalidity shall not affect any other provision or these Terms and Conditions, and it shall then be construed as if such unenforceable, illegality or otherwise invalid provisions had never been contained herein.
  15. Communication
    1. Any communication or material you transmit to the website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. 
    2. Anything you transmit or post may be used by us for any purpose, including but not limited to the reproduction, disclosure, transmission, publication, broadcast, and posting. 
    3. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the website for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. 
    4. By sending us any communication, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and full right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments in an unlimited manner, in which you waive your right to claim against us.
    5. You also grant us the right to use the name that you submit with any review or comment, if any, in connection with such communication.
  16. Good Faith
    1. Each of the parties undertakes with each other to do all things reasonably within their power which are necessary or desirable to give effect to the spirit and intent of these Terms and Conditions.
  17. Time To Be Of Essence
    1. Time wherever mentioned shall be of the essence of these Terms and Conditions.
  18. Knowledge or Acquiescence
    1. Knowledge or acquiescence by any party hereto of any breach of any of these Terms and Conditions herein contained shall not operate as or be deemed to be a waiver of such terms, conditions or covenants or any of them and notwithstanding such knowledge or acquiescence, each party hereto shall be entitled to exercise his respective rights under these Terms and Conditions and to require strict performance by the other party of the terms, conditions and covenants contained herein.  
    2. No single or partial exercise of any right power or privilege by any party hereto shall preclude any other or further exercise thereof or the exercise of any other right power or privilege
  19. Interpretation of Headings
    1. The headings of each of the clauses contained herein are inserted merely for the convenience of reference, and shall be ignored in the interpretation and construction of any of the provisions herein contained.