terms and conditions

OVERVIEW

PLEASE NOTE THAT BY REGISTERING OR AND USING THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH BELOW, OUR PRIVACY POLICY AND ANY OTHER RULES OR POLICY THAT WE MAY PUBLISH FROM TIME TO TIME.

SECTION 1 - UNDERSTANDING THE TERMS AND CONDITIONS

When certain words and phrases are used in these Terms and Conditions, they have specific meanings these are known as 'defined terms'. You can identify these defined terms because they start with capital letters, even if they are not at the start of a sentence.

Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined. You can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks.

When we refer to "we", "us" or "our", we mean Dynamic Sports. Where we refer to "you" or "your" we mean you, the person using the Services.

We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, so we recommend that you print or save a copy of these Terms and Conditions for your records.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, “Terms of Service”, “Terms”, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

SECTION 2 - ABOUT US

We are HH Dynamic Sports Hub and we operate the Website, dynamicsports.co. We are a company registered in Brunei Darussalam and our registered office is at Unit No. 7, 8, 9, Block B, Lot 71168, Kampung Beribi, Mukim Gadong B, Jalan Gadong, Brunei-Muara, Negara Brunei Darussalam.

We provide the Services to you through the Website. Further details of the Services we provide are set out in section 3 below. When you purchase products using the Website, you are purchasing them from us directly.

It is important that you understand that the contract for the purchase of the products is between you and us only until we have sent the item to the specified delivery Service.

As the Partner in charge of delivery would be under the contract between you after we have sent our items to the Partners, the specified delivery Service, we are not liable to any delivery delays or any losses incurred. More details on delivery can be found in Section 10.

SECTION 3 - OUR SERVICES

The Services we offer allow you to search through the Website and purchase products from brands nationally. As part of the Services, we also provide some ancillary services such as arranging delivery of the products, providing you with customer service assistance and payment processing without charge.

As stated above, the contract for the purchase of the products is between you and us the Company. This means that it is the us who is legally responsible for selling the products to you.

Please note that the delivery logistics service is being provided by us to you and as such you are entering into a contract for delivery services provided by us with the Partner. Your contract with us is concluded once the products have been delivered to the Partner.

SECTION 4 - OUR RIGHTS IN THE WEBSITE

The copyright and other ownership rights (known as "Intellectual Property Rights") in this Website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by Us or Our licensors. You must not yourself or allow anyone else to publish, copy, distribute or modify any of the content of this Website (© Dynamic Sports 2019 All Rights Reserved.) Anyone may view this Website and print pages from it for personal use only, for browsing Our products and placing an Order with Us. Any other use is strictly prohibited without Our prior written consent. You must not make any copy of any material from the Website for any business related use whatsoever.

You must not in any way copy, reproduce or use any trademarks, logos or brand names which appear on the Website. Linking to Our Website on other websites is at Our discretion and We may require that You stop providing links to Our Website at any time.

We may use any information which you upload to Our Website as We decide and We may also disclose that information to a third party.

SECTION 5 - WEBSITE CONTENT

We have taken great care in compiling this Website but neither We nor Our directors, employees or other representatives or any other companies within Our group of companies will be responsible for any damages, losses or costs however they arise as a result of Your use of or reliance on the Website.

Although We aim to provide information which is accurate and up to date, We do not guarantee to do so. You are responsible for making sure that Your reliance on this Website is suitable for Your own purposes and the information which We provide is not intended to be advice which You should rely on.

The information contained on this Website is provided on an "AS IS" basis and We exclude all warranties and representations of any kind with respect to this Website and its contents to the fullest extent which the law allows.

We are under a legal duty to supply goods that are in conformity with the contract and we aim to ensure that the product images on Our Website are as accurate as possible but there may be slight colour variations between the Goods and the images shown online.

SECTION 6 - OUR LIABILITY TO YOU IN RELATIONS TO THE SERVICES

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

If, in providing the Services to you, we fail to comply with these Terms and Conditions, we are not responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence as we do not warrant that the results that may be obtained from the use of the service will be accurate or reliable and we are not responsible for any loss or damage that is not foreseeable.

Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services. We do not in any way exclude or limit our liability for:

  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;
  3. any other liability which cannot be limited by law.

SECTION 7 - DISCLAIMER OF WARRANTIES

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are; except as expressly stated by us, provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall HH Dynamic Sports Hub, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort, including negligence, strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content or product posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 8 - THE PRODUCTS

We attempt to be as accurate as possible in the description of the products displayed on the Website. However, we cannot guarantee that all details are always accurate, complete or error free. Please contact our Customer Service Advisors if you would like more information about a product.

The images of the products on the Website are for illustrative purposes only, and although we attempt to display colors accurately, we cannot guarantee that your computer's display of the images accurately reflect the true color of the products.

We do not offer flawed items or products of lower quality than the corresponding market standards for sale on the Website. If an item you have ordered is not as described, is flawed or of a lower quality, you can return it to us and we will replace a new product for you within the specified amount of time. As a consumer, you have legal rights in relation to products that are faulty or not as described.

The products sold by us are for your domestic and private use only. You agree that you will not use the products for any commercial, business or resale purposes. You further agree that you will not export, reexport, or otherwise transfer the products to countries or territories that are the target of comprehensive embargoes or sanctions. Neither we nor the Partners have any liability to you for any loss of profit, loss of business, interruption of business or loss of business opportunity.

SECTION 9 - ORDER

The steps you need to take to place an order are explained in the "How Do I Buy?" section of our Help page.

By completing the checkout process and placing an order by clicking the "Place Order" button on the checkout page, you are offering to purchase the products from us. Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and us.

All orders are subject to availability and confirmation of the order price, which is determined by us. After entering into the contract for the products with us, we will be under a legal duty to supply you with goods that are in conformity with the contract. Legal title to the product purchased will pass to you upon your payment being accepted. Risk in the product will remain with us until it is delivered to our delivery service Partner.

To order products you must possess a valid credit or debit card, or simply cash if the cash on delivery payment method has been selected by you. By placing an order, you are promising that all details you provide are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.

The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate,for example, the correct products, quantities, size, color, etc.Products that are pre-ordered have to be paid with a non-refundable deposit.

If your order is accepted, we will send you a confirmation email, which starts the contract between you and us the Company. The confirmation email will include a description of the products purchased in the order and certain other information about your rights to cancel the contract between you and the Partner. Only those products listed in the dispatch confirmation email are included in the contract between you and the us before products are set to specified delivery Partner.

If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.

SECTION 10 - PRICE AND CURRENCY

All prices stated on this website are shown in Bruneian Dollars.

SECTION 11 - PAYMENT

You may pay for your order using Visa, Mastercard, American Express or such other payment modes offered on this website from time to time. You agree that you will be subject to the applicable user agreement of your payment mode and may not claim against HH Dynamic Sports Hub for any failure, disruption or error in connection with your chosen payment mode. When you place an order, actual payment will only be confirmed and charged upon acceptance of your order by us. The mode of payment cannot be changed once payment is confirmed, whether at the online store or in store during collection.

SECTION 12 - DELIVERY

The estimated delivery date of the products will be stated in your order confirmation email. If you do not receive an estimated delivery date from us, please contact our Customer Care with your delivery order number.

The Partners, and not us, supply delivery services to you and the Partner will try to ensure that your order is delivered by the estimated delivery date if given, but there may be circumstances where delivery is delayed because of events beyond our reasonable control. If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.

Delivery times may vary depending on the availability of the products and your delivery address. Delivery times, including for Same Day delivery, are estimates only and cannot be guaranteed. The product(s) will be delivered to you directly by the Partner.

If no one is available at your address to sign for your order, our delivery partner will leave you a note and you will need to contact them to rearrange delivery.

In certain circumstances our delivery partner may provide you with the following option when delivering your order, a signature release: opting out of the requirement to provide a signature on delivery, and also that you provide the full financial payment if the payment method you have chosen is cash on delivery.

More information on our delivery process and information on our third party delivery partner can be found in the FAQs in our Customer Care section.

SECTION 13 - OUR WEBSITE

This section sets out the rules that apply to your use of the Website, whether or not you use it to order products or just to browse. By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.

SECTION 14 - ACCESS TO THE WEBSITE

The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.

Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent. We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.

When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically whether on our behalf or on behalf of the Partners, satisfy any legal requirement that same communications be in writing.

SECTION 15 - YOUR CONDUCT

You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.

You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.

You must not use the Website for any of the following:

In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is: i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or iii) otherwise injurious to third parties, and/or iv) objectionable, and/or v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam". To cause harm, annoyance, inconvenience or needless anxiety to any person.

Breaching these provisions would constitute a criminal offence. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the Terms and Conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses ,excluding any indirect, incidental or consequential loss, including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.

SECTION 16 - LINKING

We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it such as by using a link to suggest any form of association or endorsement by us.

We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.

Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

SECTION 17 - OUR LIABILITY IN RELATION TO THE WEBSITE

We may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time.

The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.

We will not be liable to you or any user for any loss or damage, whether in contract, tort ,including negligence, breach of statutory duty, or otherwise, arising under or in connection with: i) use of, or inability to use, the Website; or ii) use of or reliance on any content displayed on the Website.

Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. We do not in any way exclude or limit our liability for: i) death or personal injury caused by our negligence; ii) fraud or fraudulent misrepresentation; iii).any other liability which cannot be limited by law. Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the Services to you and the Partners’ delivery of the products to you.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless, on demand, HH Dynamic Sports Hub and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law.

SECTION 19 - SEVERABILITY

Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.

SECTION 20 - WAIVER

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you our Service shall be governed by and construed in accordance with the laws of Brunei Darussalam.

SECTION 22 - ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.

SECTION 23 - EVENTS OUTSIDE OF CONTROL

We and the Partners will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control. An event outside of our control means any act or event beyond our or the Partners reasonable control such as fires, floods or other natural disasters, break-down, inclement weather, interruption of transport, failure of public or private telecommunications or transport networks.

If such an event takes place and it affects the performance of our or the Partners’ obligations to you: i) we will contact you as soon as reasonably possible to notify you; and ii) our and the Partners’ obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.

SECTION 24 - CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. Please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or our Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - COMPLAINTS

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our Contact Us page for details of how to get in touch with us.

SECTION 26 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at Customer Care:

HH Dynamic Sports Hub
Email Address: dynamicsports@gmail.com
Postal Address: Unit No. 7, 8, 9, Block B, Lot 71168, Kampung Beribi, Mukim Gadong B, Jalan Gadong, Brunei-Muara, Negara Brunei Darussalam