Terms & Conditions
1. IDENTITY OF ASICS
1.1. In these general terms and conditions (“Terms”) as well as on this Website located at asics.com/my/en-my ("Website"), "ASICS" or "we" refers to ASICS Malaysia Sdn. Bhd, a company incorporated and registered in Malaysia who manages and operates the Website. The registered office of ASICS is located at Level 23B, Axiata Tower, 9 Jalan Stesen Sentral 5, Kuala Lumpur Sentral, 50470 WP KL, Malaysia and our email address is firstname.lastname@example.org . ASICS is registered in the Companies Commission of Malaysia under registration number 201701021267 (1235433-X).
2.1. These Terms apply to the sale and purchase of ASICS products (“Product(s)”) on the Website as between ASICS and the Customer who makes such purchase (“Customer” or “You”). By placing an order with ASICS, You are accepting these Terms and are agreeing to be bound by them.
2.2. Please note, these Terms can change at any time, and it is up to You to check these Terms before ordering Products in case there are any changes.
3.1. The Customer can place an order for Products on the Website (“Order(s)”) at the prices indicated.
3.2. The Products will have the specifications as indicated in the product description on the Website. The scope of the applicable after-sales customer assistance and commercial guarantees are described on the Website and in the order confirmation.
3.3. The Customer has a legal guarantee of conformity for the Products. If the Products do not conform, the Customer is entitled by law to remedies for such non-conformity.
4. ORDER PROCEDURE
4.1. A Customer may place an Order on the condition that the Customer:
a) provides his correct name and address, phone number, email address, payment details and other required information;
b) provides a delivery address that is located in the Territory as defined below; and
c) is the owner or authorized holder of a valid debit/credit card to buy the Products, if paying with a debit/credit card.
4.2. An Order is placed by clicking on the "Add to Cart" button and proceeding to the checkout page.
4.3. The Customer will be provided with an opportunity to review his Order(s), read and accept the Terms, check the total price of his Order(s) and the information he has provided, and correct any input errors before confirming his Order(s).
4.4. The Customer’s Order does not bind ASICS, but constitutes an offer made by the Customer to purchase the relevant Products in consideration for payment of the applicable prices. All Orders must then be formally accepted by ASICS, who may choose not to accept abnormal Orders and Orders which ASICS suspects are not placed in good faith.
4.5. Once ASICS receives the Customer’s Order, ASICS will send an email to the Customer via the email address that Customer provided (the “Acknowledgement Email”). This will be done as soon as reasonably practical. The Acknowledgment Email will acknowledge receipt of the Order(s) and set out details of the ordered Product(s). This Acknowledgment Email does not constitute an acceptance of the Customer's Order(s) – only a confirmation that ASICS has received it.
5. CONCLUSION OF CONTRACT
5.1. After receiving the Customer's Order(s), ASICS will check whether the relevant Product(s) is (are) in stock. The contract governing the sale and purchase of the Product(s) between the Customer and ASICS (“Contract of Sale”) will only be concluded after ASICS sends the Customer an email confirming the Contract of Sale, that all or part of the Product(s) is/are still available, and that the Product(s) has/have been dispatched (the “Confirmation Email”).
5.2. ASICS will not file an accessible copy of the Contract of Sale, so the Customer is encouraged to download, save and/or print a copy of the Confirmation Email and these Terms for his records.
6.1. The price that is payable for a Product will be the price in effect at the time the Order is placed. It will be set out in the Acknowledgement Email and in the Confirmation Email.
6.2. All prices listed on the Website include Goods and Service Tax, but exclude the costs for delivery. Delivery fees will be listed separately during the finalization of the order procedure, and can vary per day and per Order.
7. MISTAKE IN PRODUCT DETAILS
7.1. If ASICS makes a mistake in the presentation of a Product, the description of the specifications thereof, or the listing of its price, and
a) it should have been clear to the Customer that such mistake constituted a spelling or typesetting error; or
b) in the given circumstances, the Customer could not have reasonably expected that ASICS would deliver, or would be able to deliver that Product with those specifications for that price,
then a valid contract will not be entered into. ASICS will, as soon as reasonably practicable, inform the Customer and reimburse any payments made.
7.2. Where a mistake as referenced in clause 7.1. arises, the offer of ASICS will not be valid and a contract will not be entered into between the Customer and ASICS. In such case, ASICS will not be held to deliver any Product that is ordered by the Customer, nor to reimburse the Customer for damages suffered.
8. FORCE MAJEURE
8.1. Notwithstanding any other provision in these Terms, ASICS shall not be held liable for any failure or delay in its performance under these Terms which is the result of a Force Majeure Event; provided however, that ASICS will inform the Customer as soon as reasonably practicable and use its commercially reasonable efforts to correct such failure or delay, failing which, ASICS will reimburse any payments made by the Customer. A Force Majeure Event means any event beyond ASICS’ reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including without limitation, acts of God, fire, explosion, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labour difficulties, industry-wide supplier failures, unavailability of materials, acts of war, civil insurrections, national emergencies, or governmental acts.
9.1. ASICS will only deliver Products to addresses in Malaysia ("Territory").
10.1. Payment for Orders can take place by either of the following means
a) Online Banking: With online banking, you can directly transfer the purchase price to ASICS from your bank account.
b) Credit Cards: We accept credit card payments from VISA and Mastercard.
11.1. ASICS shall ensure delivery of the Product to the address as included in the Order confirmation.
12. RETURN POLICY AND RIGHT OF TERMINATION
12.1. The Customer is entitled to terminate the Contract of Sale without giving any reason within 14 calendar days of the date on which all the Products ordered in a single transaction have been delivered to the delivery address specified in the Order. This right of termination only applies with regard to Products that were purchased via the asics.com/my/en-my website, or any contracts entered into between ASICS and the Customer.
12.2. To exercise the right of termination, Customer must inform ASICS by submitting a return request online, or by contacting our Customer Care.
12.3. To meet the termination deadline, it is sufficient for the Customer to send his communication concerning his exercise of the right of or contact our Customer Care before the 14 calendar days has expired.
12.4. If the Customer terminates the Contract of Sale, ASICS shall reimburse to Customer all payments received from Customer, excluding the costs of delivery (with the exception of defective or wrong items sent). Subject to Clause 12.5, ASICS shall effect such reimbursement not later than 14 calendar days after ASICS has been informed about Customer's decision to terminate this Contract of Sale, or after ASICS has received the returned Product from the Customer, whichever is later. ASICS will carry out such reimbursement using the same means of payment as Customer used for the initial transaction, unless Customer has expressly agreed otherwise; in any event, ASICS will bear the fees of such reimbursement.
12.5. ASICS may withhold reimbursement until ASICS has received the Products, or Customer has supplied evidence of having sent back the Products, whichever is the earlier. Customer will receive an email notification when ASICS has finished processing Customer's return.
12.6. Customer shall send back the Products in conformity with the return procedure as stipulated in our return policy without undue delay from the day on which Customer communicates its termination of this Contract of Sale to ASICS. Unless otherwise provided by ASICS, ASICS does not assume responsibility for lost shipments.
12.7. ASICS will bear the cost of returning the Products if Customer uses the postal return service and procedure as set out in the returns policy. Otherwise, the Customer will have to bear the direct cost of returning the Products in-store.
12.8. The Customer is only liable for any diminished value of the Products resulting from the handling of the Products, other than what is necessary to establish the nature, characteristics and functioning of the Products.
12.9. In Order to ensure that the value of the Products is not diminished, ASICS urges the Customer:
a) Not to damage the Product;
b) Not to remove tags attached to the Product;
c) Not to wear, wash, and/or alter the Product.
12.10. There exists no right to terminate the Contract of Sale with regard to:
a) the supply of Products made to the consumer’s specifications or Products which are clearly personalised; and
b) the supply of sealed Products which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery.
13. DEFECTIVE PRODUCTS
13.1. ASICS shall deliver the Products to the Customer which Products shall be in conformity with the Contract of Sale of sale for the relevant Products ("Agreement").
13.2. If the Products purchased by the Customer do not conform to the Contract of Sale at the time the Products were delivered to the delivery address in the Order. ASICS shall be liable to the Customer, subject however to meeting the requirements for such under the applicable law.
13.3. In the case of a lack of conformity, the Customer shall be entitled to have the Agreement rescinded.
13.4. In case of rescission of the Agreement, ASICS may ask the Customer to return the Products before ASICS can process the refund. For information on how to return the Product to ASICS please refer to the return form provided when the Product was delivered. Once ASICS receives the Product and confirms that there is a lack of conformity, ASICS will process the refund. The Customer will receive an email notification when ASICS has finished processing the return.
13.5. ASICS shall reimburse to the Customer all payments received from the Customer, including the cost of the Product and excluding delivery charges and the shipping costs for returning the Product, without undue delay. ASICS will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction, unless expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of such reimbursement.
13.6. ASICS shall only be liable where the lack of conformity exists at the time of delivery of the Products.
13.7. ASICS cannot be held liable or responsible for damage that occurs due to the fact that the Product is not maintained in accordance with the maintenance instructions, or is not used in accordance with the use instructions, or if the Product is used for another purpose than for which it was sold.
13.8. To the fullest extent permitted by law, ASICS will not be liable for damage that results from the lack of conformity, to the extent that such damage constitutes: indirect damage, consequential damage, loss of profit or income, loss or business opportunities.
13.9. However, in deviation of the above, ASICS does not exclude or limit our legal liability hereunder in the event of the death or personal injury to You resulting from an act or omission of ASICS.
13.10. ASICS would like to remind You that You have legal rights under applicable national legislation governing the sale of the consumer goods and those rights are not affected by the Terms of this certificate of conformity.
14. PERSONAL DATA
15. APPLICABLE LAW
15.1. All legal relationships between ASICS and the Customer are governed by the laws of Malaysia.
15.2. The contract (to which these Terms are applicable) can be entered into in the following languages: English.
16.1. If ASICS made any error with respect to the Order, if the Customer has complaints, or if the Customer would like to contact ASICS for other reasons, please contact ASICS immediately at email@example.com and we will be happy to assist. Our normal business hours are 9:00 to 17:00 GMT +8, Monday until through Friday. ASICS is registered in the Companies Commission of Malaysia under registration number 201701021267 (1235433-X).
17. CUSTOMER EXPERIENCE PROGRAM (CXP)
17.1 The above ASICS Customer Experience Program (CXP) (“Program”) is organized by ASICS Malaysia Sdn. Bhd. and ASICS Corporation (collectively referred to as “ASICS”)
17.2 In order to participate in the Program, participant (“Participant”) must be at least eighteen (18) years of age and must purchase an ASICS product in following ASICS selected stores: ASICS KLCC, ASICS Pavilion, ASICS Mid Valley, ASICS Sunway Pyramid, ASICS 1Utama & ASICS Southkey (“ASICS’ Stores”).
17.3 Participant below the age of 18 years must seek parental or legal guardian consent before entry into this Program.
17.4 Participant who has purchased ASICS products and completed the Program via the following survey website [https://app.inmoment.com/websurvey/2/begin?gateway=LIVEMalaysiaWeb&Country=23&entry=2] shall be entitled to receive a discount code of five percent (5%) (“Discount Code”)
17.5 The Program commences on 1st May 2021 and shall close on a date which will be specified by ASICS.
17.6 Each Participant shall be entitled to only one (1) Discount Code regardless of the number of purchases made or number of entries submitted in the Program.
17.7 ASICS’s decision in respect to the Program or Discount Code shall be final and no correspondence shall be entertained.
17.8 Where applicable, the Discount Code not claimed or collected by the Participant will be irrevocably forfeited without any liability on the part of ASICS.
17.9 ASICS has sole discretion to amend the terms and conditions herein stated at any time and to exclude any person/ Participant from participating in the Program without any obligations to furnish any notice and/or reason to the person/ Participant.
17.10 By participating in the Program, Participant certifies and confirms that he or she has read and agrees to the terms and conditions provided above.
17.11 Term and Condition of the Discount Code
· This Discount Code is valid for regular priced ASICS items in ASICS’ Stores.
· This Discount Code must be presented at the time of purchase in ASICS’ Stores for redemption.
· This Discount Code limits one (1) Discount Code per transaction and per person and limits to one (1) time use only.
· This Discount Code is not valid with other ongoing promotions, discounts, offers, rebates or privileges.
· This Discount Code is valid for thirty (30) calendar days starting from the date of the completion of the Program
· The Discount Code is non-transferable or exchangeable for cash or any other items and is strictly not for resale. If a Discount Code is lost, such Discount Code cannot be replaced whatsoever.
· This Discount Code is not applicable in ASICS Factory Outlets.
· The Discount Code is applicable to in-stock ASICS items and cannot be applied to past orders or purchases, shipping costs, taxes or the purchase of gift cards.
17.12 ASICS reserves the right to change these terms and conditions at any time and to invalidate the Discount Code or refuse to permit the redemption of the Discount Code where fraudulent use of the Discount Code is suspected.
17.13 Personal Data Protection
17.13.1 “Personal data” means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which the ASICS has or is likely to have access.
17.13.2 When receiving the Discount Code of the Program, a Participant will provide ASICS with his or her Personal data and agree to: (i) provide true, accurate, current and complete Personal data about himself/herself and (ii) maintain and promptly update the Personal Data provided to ensure it stays true, accurate, current and complete.
17.13.3 If a Participant provides any information that is untrue, inaccurate, not current or incomplete or if ASICS has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ASICS may suspend or terminate the Discount Code.
17.13.4 When receiving the Discount Code of the Program, Participants hereby consent to ASICS collecting, using and/or disclosing the Personal Data for the following purposes:
(a) to communicate with Participants for the purposes related to the collection or use of the Discount Code; and
(b) to conduct and manage the Program, including for matters relating to promotional and the marketing of the Program
17.13.5 Participant may withdraw his or her consent to the collection, use, and/or disclosure of his or her Personal Data by ASICS. However, depending on the nature of such withdrawal, a withdrawal of consent could result in the inability of ASICS from allowing Participant to receive the Discount Code. In all situations of a withdrawal, ASICS will inform Participant of the legal consequences of such withdrawal.
17.13.7 ASICS respects Participant’s