1. General

The following below establishes the general terms and conditions that govern the use of this website (www.mayflax.com) and the purchase of products on it (hereinafter referred to as the “Conditions”).

We urge you to read the Conditions and our Privacy Policy (hereinafter, jointly, the “Data Protection Policies”) carefully before using this website. When using this website or placing an order on it, you are bound by these Conditions and our Data Protection Policies. If you don’t agree with the Conditions and the Data Protection Policies, do not use this website.

These Conditions may be modified from time to time. Please check these terms regularly as the current Conditions in force at the time of us and/or purchase on our website shall be binding on you. Any use of the website after such Conditions have been modified shall constitute your consent to such Conditions.

If you have any query regarding the Conditions or the Data Protection Policies, you may contact us by using the contact form.

2. Our Details

Sale of goods through this website is carried out under the name Mayflax Sdn Bhd (321591-W), a company incorporated in Malaysia with the registered address 149A, 149B, 151B, Persiaran Raja Muda Musa, 42000 Port Klang, Selangor Darul Ehsan.

3. Your Details and Your Visits to this Website

The information or personal details that you provide us shall be processed in accordance with the Data Protection Policies. When you use this website, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality.

4. Use of Our Website

When you use this website and place orders through it, you agree to

• Use this website to make inquiries and legally valid orders only;
• Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorised to cancel it and inform the competent authorities;
• Provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary (see our Privacy Policy)

If you do not provide us with all the information we need, you cannot place your order.

When you place an order on this website, you state that you are over the age of 18 and are legally eligible to enter into binding contracts.

5. Service Availability

Delivery service for the articles offered on this website is available in Malaysia only.

6. Formalising the Contract

The information set out in the Conditions and the details contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any items shall exist between us and you until your order has been accepted by us (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.

To place an order, you must follow the online purchasing procedure and click on “Authorise payment” to submit the order. All orders are subject to acceptance by us.

The contract for the purchase of an item between us (the “Contract”) will only be formed when we accept your order.

These Conditions and Contract constitute a written agreement between us.

7. Product Availability

All product orders are subject to availability. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse you any amount that you may have paid.

8. Refusal to Process an Order

We reserve the right to remove any product from this website at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process.

We shall not be liable to you or to any third party for removing any product from this website, or for removing or modifying any material or content from this website or not processing an order.

9. Delivery

Notwithstanding Clause 7 above regarding product availability and except for extraordinary circumstances, we will endeavor to send the order consisting of the product (s) listed in your order confirmation.

10. Inability to Deliver

If it is impossible for us to deliver your order, we will attempt to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. We will endeavor to inform on any such cases.

11. Transmission of Risk and Ownership of the Products

The products shall be under your responsibility from the moment of delivery to you (or a third party nominated by you) as outlined in Clause 9 above.

12. Price and Payment

The price of the products will be stipulated at all times on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the website are correct, error may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.

We are not obliged to provide you with any product at the incorrect lower price if the error in the price is obvious and unmistakable and could have reasonably been recognised by you as an incorrect price.

The prices on the website exclude delivery charges. Delivery charges will be added to the total price.

Prices may change at any time, but (other than set out above), the changes shall not affect the orders for which are confirmed by us.

Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment.

You may use, as payment method, the following cards: Visa and Mastercard.

Credit cards are subject to verification and authorisation by the card issuing entity. If the entity does not authorise the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any Contract with you.

13. Exchange/Return Policy

We grant you a period of 30 days from the date of delivery of the products to return the products (except for cold chain items such as vaccines).

Where you return the goods within the contractual term, you will be reimbursed with the amount paid for the said products. Third party delivery charges will not be reimbursed.

For cold chain items such as vaccines, you may only exercise a right of refusal at the point of delivery.

Exchanges/Return may initiated under the following reasons:
a. If any product has been delivered in a damaged or defective condition; or
b. If the product is out of date or expired; or
c. if the wrong product which is different from your order is delivered.

The above is subject to any applicable local laws and all rights recognised in Malaysia legislation shall be, in any case, safeguarded.

14. Liability

The liability of Mayflax whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the products or other breach of Mayflax’s obligations hereunder shall not exceed an amount equivalent to the price of the products.

Subject to any rights that you may have under any consumer protection law and to the fullest extent permitted by law, Mayflax shall not be liable to you or any other person for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Mayflax be liable for any damage or loss caused by your servants, agents, buyers or other persons whatsoever.

You shall ensure that the products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the products. You expressly acknowledge and agree that Mayflax assumes no obligation or liability for any advice or information given with the products and Mayflax shalll not be responsible for any inaccuracy or misstatement of any such information. The products shall be accepted entirely are your own risk.

15. Intellectual Property

You recognise and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the website belong to us at all times or to those who grant us the license for their use. You may use said material only to the extent that we or the usage licensers authorise expressly. This does not prevent you from using this website to the extent necessary to copy the information on your order or contact details.

16. Links

If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatsoever over the content of those websites or materials. Accordingly, we shall not accept any liability for any damage or harm deriving from their use.

17. Written Communication

Applicable regulations may require that some of the information or notifications that we send to you be in written form. By using this website, you agree that most of the communication with us will be electronic. For contractual purposes, you agree to use this electronic means of communication. This condition will not affect your statutory rights.

18. Force Majeure

If the performance of Mayflax of its obligations under our online services is prevented by reason of “force majeure” (which shall include prevention occasioned by epidemic, fire, explosion, casualty, accident, storm, flood, drought, weather conditions, earthquake, act of God or other natural disaster or any law, order, proclamation, regulation, demand or requirement of the Government of Malaysia or of any of its government agencies, insurrection, riot, civil commotion, war, strikes, labor disputes, shortage of labor or lack of skilled labor, shortage of unavailability of products, mechanical breakdown, delay in transit, failure or problems with public utility supplies including electrical, telecommunication or Internet failure or other causes whatsoever (whether similar to the foregoing or not beyond the reasonable control of Mayflax), Mayflax shall be excused from such performance to the extent of such prevention.

19. Entire Contract

These Conditions and any document referenced in the same constitute the Entire Contract between the Parties as regards the purpose of the same, replacing any previous pact, agreement or promise made between the Parties verbally or in writing.

20. Our Right to Modify these Conditions

We have the right to review and modify these Conditions at any time.

You are subject to the policies and Conditions in effect at the moment in which you use this website or place each order, except when by law or decision of government entities we must make changes retroactively to said policies, Conditions or Privacy Policy. In this case the possible changes will also affect orders made previously to you.

21. Applicable Legislation and Jurisdiction

The use of our website and the product purchase contracts through said website shall be governed by the Malaysian laws.

Any controversy that arises or is related to the use of the website or said contracts shall be subject to the non-exclusive jurisdiction of the Malaysian courts.

If you are entering into the contract as a consumer, nothing in this Clause shall affect the statutory rights you have, as recognised in any applicable legislation in this area.