THESE TERMS OF SALE GOVERNS YOUR SHOPPING EXPERIENCE, INCLUDING PURCHASE OF A PRODUCT FROM VANS.COM.MY (“WEBSITE”) OPERATED BY GMG SEA (MALAYSIA) SDN. BHD., YOU AGREE TO BE BOUND BY THESE TERMS OF SALE DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. WE MAY REVISE THESE TERMS OF SALE AT ANY TIME IN OUR SOLE DISCRETION. THE CURRENT TERMS OF SALE WILL BE POSTED ON THE WEBSITE. THE TERMS OF SALE IN EFFECT AT THE TIME OF YOUR PURCHASE OF ANY PRODUCTS ON THE WEBSITE WILL GOVERN SUCH PURCHASE/TRANSACTION. IN ADDITION TO THESE TERMS OF SALE, BY SHOPPING AND/OR PURCHASING AT THE WEBSITE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY OUR TERMS OF USE AND PRIVACY POLICY WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. IF YOU DO NOT AGREE WITH THESE TERMS OF SALE, YOU MUST (1) DISCONTINUE USING OR SHOPPING ON THE WEBSITE AND (2) NOT MAKE A PURCHASE.
You are subject to these Terms of Sale and may purchase Vans products if you are of legal age in Malaysia. If you are under 18 years old or the legal age for giving consent hereunder pursuant to the applicable laws in your country, you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Website and have your parent or guardian place an order for you. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms of Sale on the minor's behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Website and/or purchases made on the Website. Failing which, we reserve the right to refuse service, terminate accounts, and cancel orders in our sole discretion.
If you are making a purchase on behalf of any entity, you represent and warrant that you are authorised to accept these Terms of Sale on such entity's behalf.
All sales from the Website are sold by GMG SEA (Malaysia) Sdn. Bhd., an authorized distributor of Vans products in Malaysia (“Vans”, “we”, “our”, “us”). You are the natural person who is presently visiting the Website (“you”, “your”, “yours”). These Terms of Sale apply to your purchases of any products from the Website, except to the extent that you have entered into a separate written agreement with us that supersedes some or all of these Terms of Sale. Other than as specifically provided in any separate written agreement between you and Vans, these Terms of Sale may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these Terms of Sale.
1. What You Authorize Us To Do
By placing an order on the Website, you authorize us to process payments, make adjustments for your transactions, charge your credit card or debit the account linked to your debit card, deduct from any e-wallet, or utilize any other payment method provided on the Website, as applicable, and pay us and our affiliates any amounts you owe in accordance with these Terms of Sale.
We may at any time require you to provide any financial, business or personal information to verify your identity. You will not impersonate any person or use a name which you are not legally authorized to use. You authorize us to verify your information (including any updated information) and to obtain an initial credit authorization from your credit card issuer.
2. Your Account
When you purchase from the Website, an account may be created by you as part of the checkout process. You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account or with your password. If your account or password is compromised in any way, you will notify Vans immediately. Vans may take any action to maintain the security of its websites and your account, including, but not limited to, terminating your account, changing your password, or requesting additional information to authorize transactions on your account.
3. How to Purchase
You will be required to provide your full name, email address, valid delivery address, mobile phone number and payment method to place an order on the Website. You may need to adjust your device settings or set your browser to accept functional cookies and pop-ups in order to use all the functionalities of a digital store, such as designing customized products, adding products to your shopping bag and submitting your order.
4. Our Right to Reject your Purchase or Cancel an Order
Sale of products and fulfillment of all orders placed on the Website are subject to availability and our discretion in managing inventory. We explicitly reserve the right to limit, decline or reject any orders for any reason, without being liable for any damage or costs other than repayment of any amount received from you in relation to such order, in situations including but not limited to:
- an Event Outside Our Control (as defined below)
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the product you seek to purchase is not available or in stock, even if the Website indicated availability at the time you placed the order
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your address, billing information or form of payment is incorrect or cannot be verified; your order is flagged by our security systems as potentially fraudulent, or an order placed with automated ordering software or technology
- there is evidence that your order (single or cumulative orders) was purchased for the purpose of resale, tax evasion or other fraudulent purpose;
- your order was flagged for freight forwarding or shipping to an address or service provider that enables or allows foreign export or unlawful avoidance of sales tax;
- your purchase or order exceeds product purchase limits (quantity and/or dollar amount); there is evidence that you are not eligible to make purchases; or
- in the event of any typographical, pricing or other errors or mistakes on the Website where you wish to order or purchase including errors in product description, availability, or pricing, even after an order has been confirmed.
Vans will determine whether any of the above events have occurred in its sole discretion.
5. Eligibility and Order Placement
Products on the Website are intended for direct sale to end consumers only. You are prohibited from purchasing products for resale, or with the intent to resell the products to a third party. If we believes you are purchasing product for resale, we may take action against you including, but not limited to, restricting sales to you, cancelling your orders, or suspending or closing your account.
To submit an order, accurately and completely provide the information required at checkout.
We do not accept any method of payment other than those listed on the order page. In some cases, we may require prepayment. If payment is not received or cannot be processed for any reason, we may cancel your order. You warrant that all the information provided to us for the purpose of processing payments is correct and you are authorized to utilize the proffered payment method. Please do not try to pay using any payment method not listed on the order page. If you do, we will not be liable for any loss of the payment or any other damages that may result from this action.
When you submit an order, we may send you an email acknowledging receipt of your order. Our acceptance of the order takes place when the products are shipped to you, where a second email will be sent to you confirming that the products have been shipped. If we are unable to fulfill your order, we will notify you and will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery costs charged (if any) as soon as possible and will incur no further liability to you.
You acknowledge and agree that we shall conduct pre-payment screening on you and the information you have provided. These checks are designed to prevent the Website from conducting business with a sanctioned individual, entity or country in violation of any applicable laws and regulatory requirements in the territories we operate.
6. Order Cancellation Before Shipment
You may cancel any order free of charge and without giving us any reason until the time you get notification that your order is shipped. Please note that we begin processing orders placed on the Website almost immediately.
7. Delivery Terms and Policies
We endeavor to process all orders for in stock products as soon as possible. Our standard business hours are Monday through Friday [Business to insert] to [Business to insert], Malaysia Time. Standard delivery can be via any affiliate of ours or by any third party engaged by us. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. If expedited delivery is required, please select that as your delivery choice. All delivery charges are the responsibility of the customer. Delivery times are estimates only and are subject to change as the result of factors outside of our control. The time for delivery or performance shall not be of the essence, and we shall not be liable for any delay in delivery or performance howsoever caused. You shall not be entitled to cancel any order or refuse acceptance of delivery due to any delay.
Delivery charges will be included on your invoice and can be viewed on a summary screen prior to finalizing your order. Delivery charges are based on the delivery location and method you select during the checkout process. The delivery charges shown during the checkout process is subject to verification. Delivery charges are subject to change without notice, provided that if the actual delivery charges is more than the amount shown on your invoice, we will contact you with the correct delivery costs before processing your order, and you will have an opportunity to cancel your order.
The products will be delivered to the address stated in your order (“Delivery Address”). You are responsible for providing us with safe and adequate access to the Delivery Address for delivery of the products. We shall be entitled to deliver the products (i) to any person whom we reasonably believe has authority to accept delivery on your behalf; or (ii) by leaving the products at any designated place to store such’ parcels. The risk and title in the products shall pass to you upon the products recorded as delivered at the Delivery Address.
We often deliver all products from a single order within a single shipment. However, due to numerous factors, products may be delivered in split shipments. We reserve the right to split the delivery of any order. If we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address you provided at the time your order was placed. You will not be charged for any additional delivery costs.
8. Inspection Upon Delivery
Upon delivery, please inspect the packaging and products for any visible defect or damage. If it appears that the products have visible defects or are damaged, please do not accept delivery and contact Vans customer services for assistance immediately, no later than 14 days from date the product is marked/recorded as delivered by courier, delivery services or other appointed logistics service provider. They can be reached at [Business to insert]. If we do not receive any notification within this period, the products will be deemed accepted as being in good condition.
9. Return Policy
You may return an unworn, unused product in its original packaging, in its original condition, with all original tags still attached, or where product is faulty or not conforming with your order, within 14 days from the date the products are recorded as delivered at the Delivery Address. Any return request raised beyond the said 14 days will not qualify for return and such requests will be at our sole discretion.
For more information on returns, please check our Return Policy.
10. Product Availability and Pricing
Vans may, at its sole discretion, revise or discontinue products at any time without prior notice to you, and products may become unavailable to customers even after an order is placed. If a product becomes unavailable or is discontinued after you place an order, Vans reserves the right to cancel the order and refund any amount paid, without any further liability to you.
All prices listed on the Website are subject to change without notice. The total amount payable for your order will be quoted including applicable taxes, depending on the delivery address, and payable in Malaysian Ringgit. Delivery rates are applied per order.
11. Product Descriptions; Pricing; Errors
Vans endeavours to be as accurate as possible and eliminate errors on the Website. However, we do not warrant that product descriptions, photographs, pricing or other content on the Website are accurate, complete, reliable, current or error-free. In addition, all weights and size dimensions are approximate. In the event of an error, whether on the Website, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
Vans may use artificial intelligence tools to generate summaries or highlights of product description, reviews and/or other content on the Website. These AI-generated summaries are provided for your convenience only. Vans does not guarantee the accuracy, completeness or reliability of any AI-generated content. Any reliance on such content is at your own risk, and Vans is not liable for any errors or omissions in AI-generated summaries. You are encouraged to review the full product description, reviews and other original content to form your own opinion.
12. Electronic Communications
When you visit the Website, chat with us or send email to us, you have by action consented to receive communications from us electronically and agree that we may communicate with you by chat, email or by posting a notice on the Website. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the Website, providing an email address in a chat conversation or leaving a telephone message with an email address for Vans to respond to a query about your account, as a request that we communicate with you by an email. You further acknowledge and agree that emails sent with this information may not be stored in a secure manner. Your options, including your right to opt-out of receiving certain kinds of emails or text messages from us, are further described in our Privacy Policy.
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy carefully, as it includes important terms which apply to you.
13. Disclaimer
ALL PRODUCT DESCRIPTIONS AND SPECIFICATIONS ARE PROVIDED TO US BY THE PRODUCT’S PRINCIPAL OR MANUFACTURER. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF SUCH DESCRIPTION OR SPECIFICATION.
WE PROVIDE NO WARRANTIES, GUARANTEES OR COVENANTS OF ANY KIND RELATING TO THE FITNESS, QUALITY, SAFETY, OR INABILITY TO USE, OR INABILITY TO HAVE REPAIRED OR SERVICED, ANY PRODUCT PURCHASED BY YOU. EXCEPT AS EXPRESSLY SET FORTH IN THESE WRITTEN LIMITED WARRANTIES AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRODUCTS ARE OFFERED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND WE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, PRODUCT DESCRIPTIONS, TEXT OR IMAGES.
14. Indemnification
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, penalties, fines, liabilities and expenses (including without limitation legal fees, expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us arising out of any breach by you of any provision of these Terms of Sale, any claim that you have breached any provision of these Terms of Sale or any claim or dispute attributable to you.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VANS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSESS OR ANY OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY PURCHASE MADE ON THE WEBSITE, EVEN IF VANS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU OR TO ANY OTHER PARTY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABLITY, STRICT LIABILITY OR OTHER THORY) ARISING OUT OF OR RELATING TO OUR OPERATION OF THE WEBSITE OR OFFER TO SELL OR SALE OF PRODUCTS THEREON EXCEED THE AMOUNT YOU ACTUALLY PAID TO US FOR THE PURCHASE OF PRODUCTS FROM THE WEBSITE.
16. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, health crisis or other natural disaster, or failure of public or private telecommunications networks, backorder situations or delays caused by the retailer or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations:
(a) you will be contacted as soon as reasonably possible to notify you; and
(b) our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel any order affected by an Event Outside Our Control which has continued for more than thirty (30) days from the date of order. To cancel your order under such circumstances, please contact our Customer Service at [Business to insert contact details] for assistance.
17. Governing Law and Dispute Resolution
The Website are operated and are governed by the laws of Malaysia. If you access the Website outside Malaysia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction in addition to the laws of Malaysia. You may not use the Website if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the government of the country where you are accessing the Website. Any dispute arising out of or related to the matters of these Terms of Sale will be submitted for resolution of the exclusive jurisdiction of the Courts of Malaysia, with express waiver of any other court, however special, to resolve any conflicts or controversies arising from the clauses and provisions of these Terms of Sale.
18. Right to Assign; No Waiver; Severability
Vans may assign its rights and obligations under these Terms of Sale to any party at any time without notice to you, unless notice is required by applicable laws. You may not transfer your rights or obligations under these Terms of Sale to another person or entity unless prior written agreement is obtained from Vans.
The remedies set forth in these Terms of Sale are cumulative and not exclusive, unless expressly stated otherwise. Failure or delay by Vans to enforce any provision of these Terms of Sale will not be deemed a waiver of future enforcement of that or any other provision. If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of the remaining provisions.
19. No third-party Rights
Nothing expressed or mentioned in or implied from these Terms of Sale is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to these Terms of Sale. These Terms of Sale and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of us, our affiliates and you.
20. General
If these Terms of Sale are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Sale shall govern and shall take precedence over the Foreign Language Version.
If any provision of these Terms of Sale is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Terms of Sale and the remainder of the provision in question shall not be affected thereby.
These Terms of Sale shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
