1. General

1. These Terms and Conditions apply when you access, use www.everlas.com (“website”) and/or make a purchase on the website. By accessing and/or using the website and/or making a purchase on the website, you agree that you have read these Terms and Conditions and that you accept them and agree to be bound by them.


2. Changes to Terms: We reserve the right to update, modify or change any part of these Terms and Conditions at any time. Changes will be effective immediately upon posting on the website. You are advised to check for updates to these Terms and Conditions regularly, prior to accessing, using the website and/or purchasing any product(s) on the website. Your continued use of or access to the website following the posting of any changes signifies your acceptance of those changes.

 

2. User of Website

1. In order to make a purchase on the website, you will need to register an account with us. By registering an account, you warrant that:-
   1. you are at least 18 years of age;
   
   
   2. if you are below 18 years of age, you have obtained the consent of your parent or legal guardian, or you are under the supervision of your parent or legal guardian;
   
   
   3. you are using your actual identity;
   
   
   4. we will not be responsible for any losses and payments (including the amount of any transaction carried out without your authority) due to your negligence or where you have acted fraudulently or without reasonable care (which means you intentionally or with gross negligence). For the purposes of this clause, negligence shall be deemed to include failure to observe any of your security duties referred to in these Terms and Conditions;
   
   
   5. you are responsible for maintaining the confidentiality of your account information and all activities that occur under your account; and
   
   
   6. you agree not to use the website or its content (a) for any unlawful purpose; (b) to post, transmit, or distribute any material or information; (c) in violation of any applicable law or regulation; (d) in a manner that will infringe the copyright, patent, trademark, trade secret or other Intellectual Property Rights of others or violate the privacy or other personal rights of others; (e) that is libelous, obscene, threatening, abusive or hateful; (f)  to infringe upon or violate our Intellectual Property Rights or the Intellectual Property Rights of others; (g) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (h) in any way that may harm our reputation; or (i) to interfere with the functionality and operation of the website. We reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

 

3. Products and Orders

1. Accuracy of Information: We strive to be as accurate as possible when describing our products and services on the website. However, to the extent permitted by applicable law, we do not warrant that the product descriptions, or any other content available on the website are accurate, complete, reliable, current, or error-free. We therefore reserve the right to correct any errors, inaccuracies or omissions to change or update information at any time without prior notice.


2. Pricing: All product prices shown on the website are quoted in Malaysian Ringgit (MYR).Prices do not include applicable taxes, service fees, shipping, and handling fees, which will be added to your total purchase price.


3. Order Acceptance: Your receipt of an order confirmation does not signify our acceptance of your order. We reserve the right to accept or decline your order (in whole or in part) after receipt of your order for any reason, including, but not limited to, product availability, errors in the description or price of the product, or errors in your order at any time. Your order is only accepted by us when we send to you an Order Confirmation via email.

 

4. Payment

1. Payment Methods: We accept various payment methods, including credit/debit cards, e-Wallet, FPX any other form of payments that is available on the website from time to time. You agree to abide by any relevant terms of service or other legal agreement (including without limitation these Terms and Conditions), whether with Everlast Aluminium (M) Sdn. Bhd. (“Everlast”) or a third party, that governs your use of a given payment processing method. Your use of third party services is governed by separate terms and conditions between you and the third parties associated with the services. You are solely responsible for ensuring that you have the necessary rights to connect to and use any third party services. We do not operate, support, endorse, monitor, control, or assume any responsibility or liability whatsoever for third party services. We are not responsible for the security practices or privacy policies of third party services. You must only provide us information, which is current, complete, and accurate for all purchases.


2. Billing: When you place an order, you confirm and authorize us to charge the applicable fees and any applicable taxes to your credit or debit card, or the payment details that you have provided to us upon order placement. You agree to pay all charges incurred by users of your account and credit card or other payment methods used upon order placement.

 

5. Shipping and Delivery

1. Shipping Policy: We ship products to various locations. Shipping charges and delivery times vary based on your location and the shipping method selected. For detailed information, please refer to our FAQ.


2. Risk of Loss: The risk of loss of, and title in product(s) shall pass to you once the item(s) is shipped from our warehouse.

 

6. Returns and Refunds

1. Refunds: All payments received herein shall be fully earned by Everlast and if there are concerns on our products, kindly email to everlas@everlas.com. For detailed information, please refer to our Refund Policy.

 

7. Intellectual Property

1. Ownership: All rights, title and interest in or in connection with the (a) confidential information, business or trade secrets, know-how; (b) inventions, patents; (c) copyright; (d) trademarks, service marks, business or trade names; (e) design rights, topography rights; (f) database rights in this website and its contents, including but not limited to text, graphics, logos, images, sound files, animation files, video files and software, together with all other rights of a similar or corresponding character or nature (collectively, “Intellectual Property Rights”) are the property of Everlast and/or our licensors.


2. Use of Content: You shall not modify, copy, use, retransmit, reproduce, distribute, display, perform, publish, license, transfer, sell, display or commercially deal with in any manner or by any means any content from the website without our and/or our licensors, as the case may be, prior written permission.


3. Any such unauthorised 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.


4. You agree not to use the website for any purpose or in any matter that is unlawful or infringes our or any third party’s Intellectual Property Rights.

 

8. Governing Law and Dispute Resolution

1. Governing Law: These Terms and Conditions are governed by and are to be construed in accordance with the laws of Malaysia and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Malaysia. By using this website and/or using the services provided herein by Everlast, you hereby submit to the non-exclusive jurisdiction of the courts of Malaysia for these purposes and for the determination of all actions and proceedings arising out of these Terms and Conditions.


2. Dispute Resolution: If you have a dispute with us, please refer to clause 9.3 of this policy We will attempt in good faith to resolve through negotiation any disputes arising from or relating to these Terms and Conditions. The decision of Everlas on the matter shall be final and binding on all parties concerned.

 

9. Miscellaneous

1. Severability: If any provisions of these Terms and Conditions is found to be invalid illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired and shall continue to be valid and enforceable.


2. Waiver: The failure of Everlast to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.


3. Entire Agreement: These Terms and Conditions constitute the entire agreement between you and Everlast regarding the use of the website and the purchase of products and supersede any prior agreements or understandings, whether written or oral.


4. Contact Information: For any questions or concerns about these Terms and Conditions, please contact us at:

Email: everlas@everlas.com
Phone: +603-8961 5223
WhatsApp: +6016-228 2846