Adaptique Terms and Conditions ("Terms of Service")

Last Updated: 19th May 2025

Welcome to Adaptique Wear! Thank you for visiting our website, www.adaptiquewear.com (the “Site”). These Terms and Conditions also serve as our Terms of Service and govern your access to and use of the Site, including any content, functionality, and services offered on or through it, and the purchase of our apparel and related products (the “Products”). By accessing the Site, registering an Account, or placing an Order for Products, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions (which constitute our Terms of Service). If you do not agree to these Terms and Conditions, please do not use the Site.

1. WHO WE ARE

We are Adaptique Wear, operating under the trade name NanoTextile Sdn Bhd (Company No. 1154994-H). Our registered business address is:

NanoTextile Sdn Bhd
No. 23, Jalan MJ16, Taman Industri Meranti Jaya,
47120 Puchong, Selangor Darul Ehsan, Malaysia.

1.1 These Terms and Conditions, including their structure and content, are the copyrighted intellectual property of NanoTextile Sdn Bhd. Pursuant to the Copyright Act 1987 [Act 332] of Malaysia, any unauthorized reproduction,modification, distribution, or commercial exploitation of these Terms and Conditions, in whole or in part, without our express written consent is strictly prohibited and may be subject to legal action. 

1.2 In the event of any inconsistency or conflict between the English and Malay versions of these Terms and Conditions, the English version shall prevail to the extent permitted by Section 103 of the Contract Act 1950 [Act 136], which addresses the interpretation of contracts.

2. DEFINITIONS

"Account" means the Adaptique Wear Account you must register on the Site to facilitate placing an Order.

"Business Day" means any day other than a Saturday, Sunday, or public holiday in Kuala Lumpur, Malaysia, on which commercial banks are generally open for business.

"Contract" means the legally binding agreement formed between you and NanoTextile Sdn Bhd for the purchase of Products when we issue a Dispatch Confirmation. This Contract is governed by the principles of contract law in Malaysia, including the Contracts Act 1950 (Act 136)

"Customer" or “you” means any individual who submits an Order for Products on the Site and enters into a Contract with us.

"Intellectual Property Rights" means all patents, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets), and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

"Order" refers to a request submitted by you through the Site to purchase specific Products offered by us.

"Order Confirmation" refers to our email acknowledging our receipt of your Order, which does not constitute acceptance of the Order.

"Products" means the apparel, accessories, and other goods offered for sale by Adaptique Wear on the Site.

"Site" means our e-commerce platform located at www.adaptiquewear.com, including all its subdomains, content, and functionalities.

3. ELIGIBILITY

3.1 By placing an Order, you confirm and warrant that you are at least eighteen (18) years of age and possess the legal capacity to enter into a binding contract under Malaysian law.

3.2 If you are under the age of eighteen (18) but at least sixteen (16) years of age, you may only place an Order only with the explicit consent and active involvement of your parent or legal guardian, who agrees to be bound by these Terms and Conditions on your behalf. We reserve the right to request verification of parental or guardian consent.

4. PROHIBITED USES

4.1  You agree to use the Site responsibly and ethically, and you shall not misuse the Site in any way. Misuse includes, but is not limited to:

  1. Engaging in any activities that violate any applicable laws, regulations, or third-party rights, including laws related to online conduct, data privacy (Personal Data Protection Act 2010 [Act 709]), and intellectual property.
  2. Attempting to gain unauthorized access to any part of the Site, its servers, databases, or related systems, or to the accounts of other users, through hacking, password mining, or any other illicit means, which may constitute an offense under the Computer Crimes Act 1997 [Act 563].
  3. Using the Site for any fraudulent or unlawful purposes, including but not limited to, making fraudulent Orders or providing false information.
  4. Introducing or transmitting any viruses, worms, Trojan horses, logic bombs, or other malicious code or harmful components that may disrupt, damage, or interfere with the operation of the Site or the experience of other users, potentially violating the Computer Crimes Act 1997 [Act 563].
  5. Collecting or harvesting any personally identifiable information from the Site without the express written consent of Adaptique Wear and the individuals concerned, which may contravene the Personal Data Protection Act 2010 [Act 709].
  6. Using any automated system, including without limitation, "robots," "spiders," "offline readers," etc., to access the Site for any purpose without our prior written approval.
  7. Interfering with or disrupting the integrity or performance of the Site or the data contained therein
  8. Using the Site to transmit or distribute unsolicited commercial communications or spam, which may be regulated under the Communications and Multimedia Act 1998 [Act 588].

4.2 Any breach of this provision may constitute a criminal offense under Section 233 of the Communications and Multimedia Act 1998 [Act 588], which prohibits the improper use of network facilities or network services. We reserve the right to report any suspected violations to the relevant law enforcement authorities and to cooperate fully with them in their investigations. We may also take any other legal action we deem necessary to prevent or address such misuse.

5. ORDERING PRODUCTS

5.1 You can place an Order for Products by following the online ordering process provided on the Site. It is your sole responsibility to ensure that all information you provide during the ordering process, including your contact details, shipping address, and payment information, is accurate and complete.

5.2 After submitting an Order, you will receive an automated Order Confirmation email to the email address you provided. This email serves as an acknowledgement that we have received your Order and contains details of the Products you have ordered, the total price (including applicable taxes and shipping fees), and your Order number. Please note that this Order Confirmation does not constitute acceptance of your Order.

5.3 Our acceptance of your Order and the formation of a legally binding Contract between us will only occur when we send you a separate Dispatch Confirmation email informing you that the Products you have ordered have been dispatched for delivery. This Dispatch Confirmation will typically include a tracking number and estimated delivery date.

5.4 We reserve the right to refuse to accept any Order at our sole discretion, without liability to you. Reasons for refusal may include, but are not limited to the following circumstances:

  1. Product unavailability: If the Products you have ordered are out of stock or no longer available. In such cases, we will notify you as soon as possible and offer you a refund or a suitable alternative if available.
  2. Errors in product information or pricing: If there has been a typographical error, error in pricing, or error in the product description displayed on the Site. If we discover such an error after you have placed an Order, we will inform you and give you the option of reconfirming your Order at the correct price or description, or cancelling it. If we are unable to contact you, we will treat the Order as cancelled and provide you with a full refund.
  3. Payment issues: If your payment method is declined, or if we suspect fraudulent payment activity. We may require additional verification before processing your Order.
  4. Shipping restrictions: If your shipping address is located in an area where we do not currently offer delivery.
  5. Suspicion of fraudulent activity or violation of these Terms.

5.5 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obligated to supply any other Products which may have been part of your Order until the dispatch of those Products has been confirmed in a separate Dispatch Confirmation.

6. PRICING AND PAYMENT

6.1 All prices for Products displayed on the Site are stated in Malaysian Ringgit (MYR) and include applicable sales and service tax (SST) at the prevailing rate, unless explicitly stated otherwise for particular Products. Delivery charges, if applicable, will be clearly displayed at the checkout stage and will be added to the total price of your Order.

6.2 We accept payment through the various payment methods indicated on the Site, which may include credit cards, debit cards, online banking, and e-wallets. By submitting your Order and payment details, you represent and warrant that you are authorized to use the designated payment method and that the payment details you provide are valid and accurate.

6.3 You authorize us to process the payment for your Order using the payment details you have provided. We may use third-party payment processors to securely process your payments.

6.4 We reserve the right to change the prices of Products displayed on the Site at any time without prior notice. However, such changes will not affect Orders for which we have already sent you a Dispatch Confirmation. The price payable for the Products will be the price in effect at the time your Order is placed.

6.5 In the event of a pricing error on the Site, we reserve the right to refuse or cancel any Orders placed at the incorrect price, even if an Order Confirmation has been sent. If we discover a pricing error after you have placed an Order, we will inform you of the error and offer you the option of reconfirming your Order at the correct price or cancelling it for a full refund.

6.6 All payments are subject to validation checks and authorization by your payment provider. If your payment is refused or not authorized, your Order will not be processed, and we will not be liable for any delay or non-delivery.

7. DELIVERY

7.1 We will deliver the Products to the address specified in your Order within the estimated delivery time indicated. Please note that these delivery times are estimates only and are not guaranteed. Please refer to our Shipping Policy (link to shipping policy) for detailed information about our shipping procedures, costs, and delivery times, which is incorporated into these Terms and Conditions by reference. Actual delivery times may vary depending on factors such as the destination, shipping method, and unforeseen circumstances beyond our control. 

7.2 We will make reasonable efforts to notify you of any significant delays in delivery. However, to the fullest extent permitted by law, we shall not be liable for any losses, damages, costs, or expenses arising directly or indirectly from any delay in the delivery of the Products that is beyond our reasonable control.

7.3 Upon delivery, you may be required to sign to acknowledge receipt. If you are not available at the time of delivery, the delivery service may attempt to redeliver, leave a notification card with instructions for collection, or deliver to a nearby collection point. It is your responsibility to adhere to the instructions provided by the delivery service for redelivery or collection.

7.4 The risk of loss or damage to the Products shall pass to you upon delivery.

7.5 If you unreasonably delay or refuse to take the delivery of the Products, we may: 

  1. Charge you for any reasonable costs and expenses we incur as a result, including but not limited to storage fees and additional delivery charges.
  2. After giving you reasonable prior notice, cancel the Contract and refund to you the price you have paid for the Products, less any reasonable costs we have incurred due to your delay or refusal to take delivery.

8. RETURNS, REFUNDS AND EXCHANGES

8.1 We want you to be completely satisfied with your purchase, and our Returns, Refunds, and Exchanges Policy outlines the terms under which you may be eligible for a return, exchange, or refund, forming an integral part of these Terms and Conditions.

8.2 Eligibility for Returns, Refunds, and Exchanges:

You may return a Product within fourteen (14) days from the date you received it, provided that the Product is: 

  • It is unworn, unused, and in its original condition.
  • It is in its original packaging with all original tags, labels, and any accompanying accessories attached.
  • It is free from any damage, stains, odors (e.g., perfume, smoke), or alterations.
  • It is accompanied by the original proof of purchase (e.g., Order Confirmation or invoice).

Non-Returnable Items: For hygiene and other reasons, the following Products are non-returnable unless they are faulty or do not conform to the Contract:

  • Undergarments
  • Socks
  • Face masks
  • Any Products that have been personalized, customized, or altered according to your specifications.
  • Products purchased during clearance sales or with the use of promotional vouchers or discounts, unless otherwise explicitly stated in the specific promotion terms.

8.3 Procedure for Returns and Exchanges:

To initiate a return or exchange, you must contact our Customer Support team via email at shop@adaptiquewear.com within the fourteen (14) day return period, providing your Order number, details of the Product(s) you wish to return or exchange, and the reason for the return or exchange.

Our Customer Support team will provide you with instructions on how to return the Product(s), which may involve completing a return form and shipping the Product(s) back to us at your expense (unless the Product is faulty or we have sent you the wrong item).

You are responsible for ensuring that the returned Product(s) are adequately packaged to prevent damage during transit. We recommend using a trackable shipping service and obtaining proof of postage as we cannot be held responsible for items lost or damaged in transit.

8.4 Inspection and Processing of Returns:

Upon receiving the returned Product(s), we will inspect them to ensure they meet the eligibility criteria outlined in Article 8.2.

Once the returned Product(s) are deemed to be in satisfactory condition, we will process your refund or exchange request in accordance with this Returns and Exchanges Policy.

Refunds: Refunds will be credited to the original payment method used for the purchase and will be processed within fourteen (14) Business Days of our confirmation that the returned Product(s) are eligible for a refund. Please note that the time for the refund to appear in your account depends on your payment provider's policies. Original shipping charges are non-refundable unless the Product was faulty or we sent you the wrong item.

Exchanges: If you have requested an exchange, we will arrange for the shipment of the replacement Product(s) to you, subject to availability. You may be required to pay any price difference if the replacement Product(s) are of a higher value. If the replacement Product(s) are of a lower value, we will refund you the difference.

8.5 Faulty or Incorrect Items:

If you receive a Product that is faulty or does not conform to your Order (e.g., wrong size, color, or style), please contact our Customer Support team at shop@adaptiquewear.com as soon as possible, providing details of the issue and photographic evidence where applicable.

Upon verification, we will provide you with instructions on how to return the faulty or incorrect Product(s). We will be responsible for the return shipping costs in such cases.

We will offer you the option of a full refund, a replacement (subject to availability), or a repair (if feasible) for faulty or incorrect items.

8.6 Our Returns and Exchanges Policy is subject to the provisions of the Consumer Protection Act 1999 [Act 599] of Malaysia, which provides certain statutory rights to consumers that cannot be excluded or limited by these Terms and Conditions.

For a detailed understanding, please review our Returns,Refunds and Exchange Policy available at (insert link)

9. PRODUCT DESCRIPTIONS AND COLORS

9.1 While we make reasonable efforts to ensure that the product descriptions, images, specifications, and other details displayed on the Site are accurate and up-to-date, to the fullest extent permitted by law, we do not warrant that such content relating to the Products is entirely accurate, complete, reliable, current, or error-free. Please be aware of minor variations in size, measurements, and colors may occur.

9.2 The colors of the Products displayed on the Site may vary depending on the settings and capabilities of your computer monitor or mobile device. Therefore, we cannot guarantee that your device will accurately reflect the true colors of the Products as they appear in reality.

10. INTELLECTUAL PROPERTY

10.1 All content on the Site, including but not limited to, text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, software, and the compilation thereof (the "Content"), is the exclusive property of NanoTextile Sdn Bhd or its licensors and is protected by Malaysian and international intellectual property laws, including the Copyright Act 1987 [Act 332], the Trade Marks Act 2019 [Act 815], and principles of unfair competition.

10.2 NanoTextile Sdn Bhd (operating under the trade name Adaptique Wear) is the owner and/or authorized licensee of all Intellectual Property Rights in the Site and the Content. "Adaptique" together with the Adaptique Wear icon are registered trademarks and/or service marks of NanoTextile Sdn Bhd in Malaysia and other jurisdictions. All related logos, product and service names, designs, and slogans are also the exclusive property of NanoTextile Sdn Bhd. You are strictly prohibited from using, reproducing, or distributing these marks and any other intellectual property belonging to us without our express prior written consent.

10.3 Subject to your compliance with these Terms and Conditions, Adaptique Wear grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and the Content solely for the purpose of browsing and purchasing Products for your personal, non-commercial use.

10.4 You shall not reproduce, modify, distribute, display, perform, publish, license, create derivative works from, transfer, or sell any Content obtained from or through the Site without the express prior written consent of Adaptique Wear or the respective owner of such Intellectual Property Rights. Any unauthorized use of the Content may violate copyright laws, trademark laws, and other intellectual property laws.

10.5 You acknowledge and agree that nothing in these Terms and Conditions shall be construed as transferring any Intellectual Property Rights from Adaptique Wear to you. All rights, title, and interest in and to the Site and the Content remain the sole and exclusive property of NanoTextile Sdn Bhd and its licensors.

11. LIABILITY AND INDEMNITY

11.1 To the fullest extent permitted by applicable law, the total aggregate liability of Adaptique Wear to you for any loss or damage arising out of or in connection with these Terms and Conditions or your use of the Site or purchase of Products shall be limited to the total amount paid by you for the relevant Products in the Order giving rise to the liability.

11.2 To the fullest extent permitted by applicable law, Adaptique Wear shall not be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, arising out of or in connection with these Terms and Conditions or your use of the Site or purchase of Products, even if we have been advised of the possibility of such damages. This limitation of liability shall apply regardless of the basis of the claim, whether in contract, tort (including negligence), strict liability, or any other legal theory.

11.3 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under Malaysian law, including the Consumer Protection Act 1999 [Act 599].

11.4 You agree to indemnify, defend, and hold harmless NanoTextile Sdn Bhd, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or directly or indirectly connection with:

  1. Your use of the Site or any services offered on or through the Site.
  2. Your breach of these Terms and Conditions, including any representations or warranties made by you.
  3. Your violation of any applicable laws, regulations, or third-party rights.
  4. Any content you submit, post, or transmit through the Site.

11.5 We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall fully cooperate with us in asserting any and all available defenses.

12. PRIVACY POLICY

12.1 Your privacy is important to us. Please review our Privacy Policy, which is accessible on the Site at ( insert link) and forms an integral part of these Terms and Conditions. Our Privacy Policy explains how we collect, use, disclose, and protect your personal data in compliance with the Personal Data Protection Act 2010 [Act 709] of Malaysia. By continuing to use the Site and by placing Orders, you explicitly consent to the collection, use, and disclosure of your personal data as comprehensively outlined within our Privacy Policy.

13. FORCE MAJEURE

13.1 Adaptique Wear shall not be liable for any failure to perform or delay in the performance of any of its obligations under these Terms and Conditions or any Contract if such failure or delay is caused by events beyond our reasonable control ("Force Majeure Event").

13.2 Force Majeure Events may include, but are not limited to, the following:

  1. Acts of God, including but not limited to earthquakes, floods, fires, storms, hurricanes, or other natural disasters.
  2. War, acts of terrorism, civil unrest, riots, or revolutions.
  3. Epidemics, pandemics, public health emergencies, or quarantine restrictions.
  4. Strikes, lockouts, industrial disputes, or labor shortages.
  5. Failure or disruption of public or private telecommunications networks, internet service providers, or utility services.
  6. Government actions, laws, regulations, or restrictions.
  7. Failure or delays in transportation, including but not limited to shipping delays or disruptions.
  8. Any other event or circumstance that is beyond our reasonable control.

13.3 In the event of a Force Majeure Event, we will use our reasonable endeavors to notify you as soon as reasonably practicable of the nature and expected duration of the delay or failure to perform. Our obligations under these Terms and Conditions or any affected Contract will be suspended for the duration of the Force Majeure Event.

13.4 Where the Force Majeure Event prevents us from fulfilling our obligations for an extended period, we shall have the right to terminate the affected Contract by giving you written notice, and we will refund any payments you have made for Products that have not been delivered.

14. TERMINATION

14.1 We reserve the right to suspend, restrict, or terminate your access to the Site, your Account, and/or any Orders you have placed, with or without prior notice and without liability to you, for any reason, including but not limited to:

  1. Your breach of any provision of these Terms and Conditions.
  2. Suspected fraudulent or unlawful activity associated with your Account or Orders.
  3. Requests by law enforcement or other government agencies.
  4. Technical issues or security concerns affecting the Site.
  5. Extended periods of inactivity on your Account.
  6. Our decision to discontinue or modify all or part of the Site or our services.

14.2 Upon termination, your right to use the Site will immediately cease. You remain obligated to pay for any Products that have already been dispatched prior to termination, in accordance with the terms of the Contract.

14.3 The provisions of these Terms and Conditions relating to intellectual property, disclaimers, indemnity, limitation of liability, governing law, and dispute resolution shall survive any termination of these Terms and Conditions.

15. GOVERNING LAW AND JURISDICTION

15.1 These Terms and Conditions and any Contract formed between you and Adaptique Wear shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law principles. The Contracts Act 1950 [Act 136], the Sale of Goods Act 1957 [Act 382], and the Consumer Protection Act 1999 [Act 599] are particularly relevant to the interpretation and enforcement of these Terms and Conditions and any related Contracts.

15.2 You irrevocably agree that the courts of Malaysia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or any Contract formed under them, including any question regarding their existence, validity, or termination. By using the Site and placing Orders, you submit to the exclusive jurisdiction of the Malaysian courts.

16. ENTIRE AGREEMENT

16.1 These Terms and Conditions, together with our Privacy Policy, any Order Confirmation and Dispatch Confirmation, and any other policies or documents expressly incorporated by reference herein, constitute the entire agreement between you and NanoTextile Sdn Bhd (operating as Adaptique Wear) with respect to your use of the Site and the purchase of Products, and they supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.

16.2 No other terms, conditions, or representations, other than those expressly stated in these Terms and Conditions or in a separate written agreement duly signed by an authorized representative of Adaptique Wear, shall form part of the Contract between us.

16.3 Any failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then such provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms and Conditions continue in full force and effect.

17. CONTACT US

If you have any questions, concerns, or feedback, please do not hesitate to contact us using the details provided below:

NanoTextile Sdn Bhd

No. 23, Jalan MJ16, Taman Industri Meranti Jaya,
47120 Puchong, Selangor Darul Ehsan, Malaysia.
Email: hello@adaptiquewear.com (for inquiries, branding, marketing & collaboration)
Email: shop@adaptiquewear.com (for refunds, returns & feedbacks)
Phone: +60 3-1234 5678