FORTY FOUR VENTURES

[OLE ATHLTC | BSKA]

Website Terms and Conditions

Introduction

These terms and conditions (together with the information and policies contained in the “policies” pages on this website and any other documents referred in these terms and conditions) (Terms and Conditions) set out the legal terms that apply to your use of the website  www.oleandbska.com (Website or Site), the purchase of your products from Forty Four Ventures, whose registered office is at 11A-A, Jalan Pinang 18/E, Seksyen 18, 40200 Shah Alam, Selangor, Malaysia (“Ole / BSKA”, we, us and our) and the services (Services) that are provided.

Where we refer to “you” or “your” we mean you, the person using the Services. Where we refer to “us”, “we” or “our” we mean Ole and/or BSKA as the context requires.

Your purchase of any of the products offered on the Site (Products) is subject to these terms and conditions and/ by placing an order for any Product /you agree to be bound by them. You should print a copy of these terms and conditions for future reference. Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.

We reserve the right to change these terms and conditions from time to time by changing them on the Site, although no such change will affect any order you have already placed with us.

Access to the Site

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.

We may, from time to time, restrict access to certain features, parts, or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifiers) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorized use or other security breaches of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.

Operation of Website and Services and Product

Operation of Website and Delivery of Services

The Website is owned by Forty Four Ventures. As such, we provide and/or procure certain services to enable the operation of the Website and for you to search through the Website and purchase products from] Forty Four Ventures. Such Services include, but are not limited to, payment processing, customer service, hosting, and delivery logistics. 

Products

The Products are owned and sold on the Website by Forty Four Ventures. We, attempt to be as accurate as possible in the description of the Products. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable, or error-free. The images of the Products on the Website are for illustrative purposes only. Although we attempt to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflects the color of the Products.

As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your Ministry of Domestic Trade and Cost of Living. Nothing in these Terms and Conditions will affect these legal rights.

The Products sold are supplied for your domestic and private use only. You agree that you will not use the Products for any commercial, business, or re-sale purposes. Forty Four Ventures has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Ordering and Availability

Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Place Order” button on the checkout page.

After placing an order, you will receive an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the “Place Order ” button, you enter into an obligation to pay for the Product(s). The contract between you and us in relation to the Product(s) ordered (Contract) will only be formed when we send you the Despatch Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.

The Contract will relate only to the Product(s) whose despatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until the despatch of such Product(s) has been confirmed in a separate Order Confirmation.

Pre-Order

Pre-Order items are ordered in advance of shipment availability. Your Pre-Order item(s) will ship upon the estimated ship date, indicated when ordered. In the case that your order is shipped prior to or later than the estimated ship date, you will receive an email notification with further information. Cancellations and Returns are eligible for all Pre-Orders; the standard returns policy is applicable from the date of shipments. Forty Four Ventures is not liable for delays, cancellations, or changes to pre-ordered items made during production.

Delivery

Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within 30 days after the date of the Despatch Confirmation, unless there are exceptional circumstances.

Your order will be delivered to the delivery address you specify when placing your order. If your delivery address is geographically remote, for example, certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you when we received your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.

Products comprised within the same order cannot be delivered to different addresses.

Deliveries are made by our trusted courier and take place on Monday to Saturday (or other normal working weekdays in countries that do not follow a Malaysian pattern of working week), excluding bank and public holidays, usually within the hours of 10 am and 6 pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.

If you order Product(s) for international delivery, they may be opened and inspected by customs authorities /and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. In the event that you return an item, the import duties will be refunded if they were originally included in the purchase price. If they were not included then you will be responsible for reclaiming duty directly from your local customs office.

Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) are destined. We will not be liable for any breach by you of any such laws.

Risk and Ownership

The Product(s) ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of the Product(s) ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received. 

In certain circumstances, our delivery partner may provide you with the following optional services when delivering your order, such as (a) signature release: opting out of the requirement to provide a signature on delivery; and/or (b) leave with neighbor, reception or security: re-directing the delivery to a neighbor, reception or security; and/or (c) reschedule a new delivery date: selecting a delivery date that best suits you; and/or (d) re-directing to a collection point: collecting your package from a collection point nearby. By selecting any of these services provided by our delivery partner, including through any default preferences you may have selected with our delivery partner separately, you acknowledge and agree that Forty Four Ventures shall bear no responsibility or liability for any loss or damage that may result from delivering your order in accordance with your request.

Price and Payment

The price of Products is as quoted on the Site from time to time.

Prices include delivery costs, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping basket and have selected your chosen different delivery method.

Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which the system has already Confirmed.

The Site contains several numbers of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product or reject your order and notify you of such rejection.

Payment for all orders must be made by FPX or online banking on the checkout page. We accept payments from most major banks.

You should be aware that online payment transactions are subject to validation checks by your bank issuer and we are not responsible if your bank issuer declines to authorize payment for any reason.

If payments are by using a credit or debit card, we also carry out a standard pre-authorization check on your payment card, and Products will not be dispatched until this pre-authorization check has been completed. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the price of Product(s) ordered online, subject to the terms and conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once or stated specifically otherwise, only during the period of validity stated and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash.

Returns Policy

Returned Products must conform to our returns policy below.

You have a legal obligation to take reasonable care of the Products while they are in your possession, and you must return them in the same condition in which you receive them (except to the extent reasonably necessary to examine them). This includes the following guidelines:

• Products should be returned unworn (other than to try them on), unwashed, undamaged, and unused with their original tags and secure packaging (as relevant).
• Accessories such as caps should be returned in the original boxes provided and inside a protective shipping box.
• If the Product comes with a security tag this should be left on.

If you fail to comply with the above obligations (including the conditions of return), we may deduct from the refund an amount to reflect the diminished value of the Product(s) up to the full price of the Product(s).

You cannot cancel a contract for the supply of any of the following Products:

• Any Products that have been personalized or made to your own bespoke specifications unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered (see Returns and Refunds for customized Products below for more information).
• Any Products that have had a hygiene label or seal removed or broken.

Returns and refunds for personalized and customized products

Due to the nature of personalized and customized Products, returns, changes or cancellations are at our discretion. In exercising this discretion, we will have regard to the level of personalization and customization and also reserve the right to offer a store credit rather than a monetary refund. Store credit is valid for 6 months from the date of issue. This does not affect your statutory rights. Please note, that personalized and/or customized Products may have a long lead-in time before shipping, but payment will be taken at the time of or shortly after you submit your order and in advance of shipping. 

We recommend that you return Products in their original packaging to ensure the necessary protection when in transit. Instructions for the return of the Product(s) will be included with the delivery package. 

Except in relation to certain types of Products (as set out above), you may cancel a contract at any time before your order is delivered and up to 14 days afterward, beginning on the day after you received the Products (“cooling-off period”).

To cancel a Contract, you must cancel the Contract online and clearly inform us through email at ole.athltc@gmail.com or by telephone at +60199890201 giving us your name, address, and order reference.

If you cancel an order (or part of an order) during the “cooling-off period”, you must return the Product(s) within 14 days after the day on which you notify us of the cancellation and comply with the Returns Policy.

If you cancel a Contract between us within the 14-day “cooling-off period” (see above), we will process the refund due to you as soon as possible and, in any case within 14 days after the day on which we receive the Product(s) back or if earlier, the day on which we receive evidence that you have returned the Product(s) to our returns address.

We will refund the price of the Product(s) in full (subject to any deduction we are entitled to make due to your use of or damage to the Product(s)), including the cost of standard delivery. However, we will not refund your cost of returning the Product(s) to us, and you are responsible for those costs. We will refund any money received from you using the same method originally used by you to pay for your purchase unless agreed otherwise.

Visit oleandbska.com/returns for the Returns Process.

Faulty Products

If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us, or where the item was purchased, as soon as possible, preferably by email or phone, giving your name, address, and order reference. Nothing in this section affects your legal rights.                                             

Product Information

Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as color, pattern, and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.

Any information on the Site regarding sizing of Products is included as a guide only. If you are in any doubt as to the size of any Product you require, we recommend that you contact us prior to placing an order.

What you are allowed to do

You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages, and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts, or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do

Except to the extent expressly set out in these terms and conditions, you are not allowed to:

• ‘Scrape’ content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
• Remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or 
• Create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.

You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.

Intellectual Property Rights

All intellectual property rights in any content of the Site (including text, graphics, software, photographs, and other images, videos, sound, trademarks, and logos) are owned by Forty Four Ventures or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy, or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trademark, or other intellectual property right notices contained in the original content are reproduced.

Content

We may change the format and content of the Site from time to time. You agree that your use of the Site is on an ‘as is’ and ‘as available’ basis and at your sole risk.

Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.

We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

External Links

The Site may, from time to time, include links to external sites, which may include links to third-party offers and promotions. We include these to provide you with access to information, products, or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

Liability

Nothing in these terms and conditions shall limit or exclude our liability to you:

• for death or personal injury caused by our negligence;
• for fraudulent misrepresentation;
• for breach of any term implied by the Consumer Rights Act and which, by law, may not be limited or excluded, or
• for any other liability that, by law, may not be limited or excluded.

Subject to this, in no event shall we be liable to you for any business losses, and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

General

All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.

These terms and conditions may not be varied except with our express written consent.

These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. 

These terms and conditions shall be governed by Malaysian law, and you agree that any dispute between you and us regarding them or any Contract or Transactions will only be dealt with by the Malaysian courts, provided that, if you live in a part other than Malaysia, the applicable law of that part of the country will govern and any dispute will only be dealt with by the courts there.

Contact Us

Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general by email to ole.athltc@gmail.com, by telephone at +60199890201 between the hours of 10 am to 5 pm EST, Monday to Friday, or write to us at Forty Four Ventures, 11A-A, Jalan Pinang 18/E, Seksyen 18, 40200 Shah Alam, Selangor, Malaysia.