Terms & Conditions

Article 1 - Definitions

 

In these General Conditions, the following shall be understood as

 

Cancellation period: the period during which the consumer can exercise his right of cancellation;

 

Consumer: a natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

 

Day: calendar day;

 

Fixed-term transaction: distance contract relating to a series of products and/or services whose delivery and/or purchase obligation is spread over time.

 

Durable data carrier: any medium which enables the consumer or trader to store information addressed to him personally in such a way that it is possible to consult it in the future and to reproduce it without changes.

 

Right of withdrawal: the consumer's possibility to withdraw from the distance contract within the withdrawal period.

 

Entrepreneur: the natural or legal person who offers goods and/or services to the consumer through distance selling.

 

Distance contract: agreement under which, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, only one or more means of distance communication are used until the contract is concluded.

 

Distance communication technique: a means that can be used to conclude an agreement without the consumer and the business having to be in the same room at the same time.

 

General conditions: the current general conditions of the entrepreneur.

 

Article 2 - Identity of the entrepreneur

 

Information about the entrepreneur upon request.

 

 

Article 3 - Applicability

 

These general terms and conditions apply to all offers of the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.

 

Before the conclusion of the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible before the conclusion of the distance contract, the general terms and conditions will be indicated as available for consultation at the trader's premises and will be sent to the consumer free of charge as soon as possible upon request.

 

If, contrary to the provisions of the preceding paragraph, the distance contract is concluded by electronic means, the text of these general terms and conditions may be made available to the consumer by electronic means so that the latter can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

 

If, in addition to these general conditions, specific product or service conditions apply, the provisions of paragraphs 2 and 3 shall apply mutatis mutandis and, in the event of a conflict between the general conditions, the consumer may always invoke the applicable provision that is most favourable to him.

 

If at any time one or more provisions of these general terms and conditions should be wholly or partially invalid or void, the remainder of the contract and these general terms and conditions shall remain in force and the provision in question shall be immediately replaced by mutual agreement by a provision that comes as close as possible to the purpose of the original provision.

 

Situations not covered by these general conditions will be assessed "in accordance with the spirit" thereof.

 

Any ambiguities relating to the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted "in accordance with the spirit" thereof.

 

Article 4 - The offer

 

If an offer has a limited validity period or is subject to conditions, this must be explicitly stated in the offer.

 

The offer is non-binding. The entrepreneur is authorised to modify and adapt the offer.

 

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a correct assessment of the offer. If the entrepreneur uses images, these are a faithful representation of the products and/or services offered. Manifest or obvious errors in the offer do not bind the entrepreneur.

 

All images, specifications and offer data are indicative and cannot be grounds for compensation or cancellation of the agreement.

 

Product images are a faithful representation of the products offered. The Entrepreneur cannot guarantee that the colours shown correspond exactly to the actual colours of the products.

 

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This applies in particular to

 

The price is excluding customs clearance costs and VAT on import. These additional costs are the responsibility and risk of the customer. The postal and/or courier service applies the special regulations for postal and courier services on import. These regulations apply if the goods are imported into the country of destination in the EU, which is the case here. The postal and/or courier service charges the VAT (and customs clearance costs, if applicable) to the recipient of the goods;

 

shipping costs, if applicable;

 

how the contract is concluded and what measures are necessary for this;

 

whether or not the right of withdrawal applies

 

the terms of payment, delivery and performance of the contract

 

the period of acceptance of the offer or the period in which the contractor guarantees the price

 

the amount of the distance communication fee if the costs for the use of distance communication technology are calculated on a basis other than the general basic fee for the means of communication used

 

Whether the contract is archived after its conclusion and, if so, how the consumer can consult it

 

the way in which the consumer can check the information he has provided in the contract and, if he wishes, correct it before the contract is concluded

 

the languages ​​other than English in which the contract may be concluded

 

the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and

 

the minimum duration of the distance contract if it is a fixed-term contract.

 

Optional: available sizes, colors, types of materials.

 

Article 5 - The contract

 

Without prejudice to the provisions of paragraph 4, the contract is concluded at the time when the consumer accepts the offer and complies with the conditions set out therein.

 

If the consumer has accepted the offer by electronic means, the trader will immediately acknowledge receipt of the acceptance of the offer by electronic means. As long as the trader has not confirmed receipt of this acceptance, the consumer may withdraw from the contract.

 

If the contract is concluded by electronic means, the trader must take appropriate technical and organisational measures to protect the electronic transmission of data and ensure a secure internet environment. If the consumer can pay electronically, the trader must take appropriate security measures.

 

The trader may – within the limits of the law – obtain information as to whether the consumer is able to fulfil his payment obligations and all facts and factors relevant to the responsible conclusion of the distance contract. If, on the basis of this assessment, the trader has reasonable grounds for not concluding the contract, he shall be entitled to refuse an order or request or to impose specific conditions for its fulfilment, stating his reasons.

 

The trader will provide the consumer with the following information together with the product or service, in writing or in a way that the consumer can keep it in an accessible manner on a durable medium:

 

the contact address of the trader's office to which the consumer can direct his complaints

the conditions and means by which the consumer can exercise his right of withdrawal or, where appropriate, clear information that he is exempt from the right of withdrawal

information on existing warranties and after-sales services

the information referred to in Article 4, paragraph 3 of these conditions, unless the trader has already provided this information to the consumer before the conclusion of the contract

the conditions for termination of the contract if it has a duration of more than one year or is of indefinite duration.

In the case of a fixed-term contract, the provision of the preceding paragraph only applies to the first delivery.

 

Each contract is concluded subject to the suspensive condition that there is sufficient availability of the products in question.

 

Article 6 - Right of withdrawal

 

When purchasing products, the consumer has the option to withdraw from the contract without giving reasons within a period of 14 days. This cooling-off period begins on the day after receipt of the product by the consumer or a representative previously designated by the consumer and notified to the entrepreneur.

 

During the cooling-off period, the consumer must handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all supplied accessories and - if possible - in its original condition and packaging to the entrepreneur in accordance with reasonable and clear instructions given by the entrepreneur.

 

If the consumer wishes to exercise his right of withdrawal, he must notify the entrepreneur within 14 days of receipt of the product. The consumer must do so in the form of a written notification/email. After notification that he wishes to exercise his right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that he has returned the product in good time, for example by providing proof of postage.

 

If the consumer has not expressed his desire to exercise his right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in sections 2 and 3 have elapsed, the purchase is a fact.

 

Article 7 - Expenses in case of withdrawal

 

If the consumer exercises his right of withdrawal, he must bear the costs of returning the product.

 

If the consumer has paid an amount, the entrepreneur will reimburse it as soon as possible, but no later than 14 days after cancellation. The condition is that the product has already been received by the entrepreneur or that complete proof of return can be provided.

 

Article 8 - Exclusion of the right of withdrawal

 

The trader may exclude the consumer's right of withdrawal in relation to the products referred to in paragraphs 2 and 3. The exclusion of the right of withdrawal is only permitted for the products described in paragraphs 1 and 2. The exclusion of the right of withdrawal is only valid if the trader has clearly indicated this in the offer, at least in good time before the conclusion of the contract.

 

The exclusion of the right of withdrawal only applies to products that

 

manufactured by the dealer to the consumer's specifications

that clearly have a personalized character

that cannot be returned due to their nature

that deteriorate or age quickly

whose price is subject to financial market fluctuations beyond the trader's control;

for individual newspapers and magazines

for audio and video recordings and computer programs whose seal has been broken by the consumer

hygiene products whose seal has been broken by the consumer.

The exclusion of the right of cancellation is only possible for services

 

relating to accommodation, transport, catering or leisure activities that must be provided on a specific day or during a specific period

if delivery has begun with the explicit consent of the consumer before the cancellation period has expired;

for betting and lotteries.

Right of cancellation:

 

If a customer decides to return an item, the Company may charge a restocking fee. The restocking fee may be a percentage (15%) of the purchase amount and may be deducted from the refundable amount or charged separately to the customer. Customers are advised to contact the Company in advance to arrange the return and discuss any concerns or issues. The Company reserves the right to refuse or delay returns if returned items are damaged, used or not in their original packaging.

 

 

 

Article 9 - Price

 

During the period of validity indicated in the offer, the prices of the products and/or services offered may not be increased, except for price changes resulting from changes in VAT rates.

 

Contrary to the provisions of the preceding paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence, with variable prices. This relationship to fluctuations and the fact that the prices indicated are target prices shall be mentioned in the offer.

 

Price increases within 3 months of conclusion of the contract are only permitted if they result from legal or regulatory provisions.

 

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has set them and if

 

are derived from legal or regulatory provisions; or

The consumer has the right to withdraw from the contract on the day the price increase comes into effect.

The place of delivery within the meaning of section 5(1) of the VAT Act 1968 is the country where the transport begins. In this case, the delivery takes place outside the EU. The postal or courier service will therefore charge the customer import VAT or handling charges. Therefore, the supplier will not charge VAT.

 

All prices are subject to typographical errors. No liability is assumed for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the supplier shall not be obliged to deliver the product at an incorrect price.

 

Article 10 - Conformity and warranty

 

The contractor guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of robustness and/or usability and the legal provisions and/or government regulations applicable at the time of conclusion of the agreement. If so agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.

 

The guarantee of the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

 

Any defect or incorrectly delivered product must be reported in writing to the entrepreneur within 14 days of delivery. Products must be returned in their original packaging and in new condition.

 

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is in no way responsible for the final suitability of the products for each individual use by the consumer or for any advice regarding the use or application of the products.

 

The warranty does not apply if

 

The consumer has repaired and/or adjusted the delivered products himself or has had them repaired and/or adjusted by third parties

 

the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur's instructions and/or have been tampered with regarding the packaging;

 

the defect is due in whole or in part to government regulations relating to the nature or quality of the materials used.

 

Article 11 - Delivery and execution

 

The entrepreneur must act with the greatest possible diligence in receiving and executing product orders.

 

The place of delivery is the address provided by the consumer to the entrepreneur.

 

Without prejudice to Article 4 of these General Terms and Conditions, the entrepreneur will fulfil accepted orders as soon as possible, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed of this within 30 days of placing the order. In this case, the consumer has the right to withdraw from the contract free of charge and without any right to compensation.

 

In the event of cancellation in accordance with the preceding paragraph, the trader will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after cancellation.

 

If delivery of an ordered product proves impossible, the trader undertakes to deliver a replacement product. At the latest at the time of delivery, it will be clearly and comprehensibly indicated that a replacement product will be delivered. The right of withdrawal cannot be excluded for replacement products. The costs of return shipping shall be borne by the trader.

 

The risk of damage and/or loss of the products rests with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and brought to the attention of the entrepreneur, unless explicitly agreed otherwise.

 

Article 12 - Duration of the contract: duration, termination and extension

 

Rescission

 

The consumer may terminate an open-ended contract for the regular supply of products (including electricity) or the provision of services at any time, in accordance with the agreed termination rules and with a maximum notice period of one month.

 

The consumer may terminate a fixed-term contract concluded for the regular supply of products (including electricity) or the provision of services at any time at the end of the agreed period, in accordance with the applicable termination rules and a maximum notice period of one month.

 

The Consumer may terminate the contracts referred to in the preceding paragraphs at any time.

 

terminate them at any time and not be limited to a specific date or period;

 

terminate them at least in the same way as they were concluded

 

always terminate them with the same notice period that the employer has set.

 

Renewal

 

A contract concluded for a fixed duration that extends to the regular supply of goods (including electricity) or the provision of services may not be tacitly extended or renewed for a fixed duration.

 

Notwithstanding the provisions of the preceding paragraph, a fixed-term contract for the regular supply of weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer may terminate the renewed contract before the end of the renewal period with a maximum notice period of one month.

 

A fixed-term contract for the regular supply of goods or services may only be tacitly renewed for an indefinite period if the consumer may terminate the contract at any time with a maximum notice period of one month and with a maximum notice period of three months if the contract relates to the regular, but not monthly, supply of newspapers, bulletins and weeklies.

 

A fixed-term contract for the regular supply of newspapers, newsletters and magazines on a trial basis (trial or introductory subscription) does not continue tacitly and ends automatically at the end of the trial or introductory period.

 

Duration

 

In contracts with a duration of more than one year, the consumer may terminate the contract at any time after one year with up to one month's notice, unless termination before the end of the agreed duration is permitted in accordance with the rules of reasonableness and fairness.

 

Article 13 - Payment

 

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days from the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period begins when the consumer has received confirmation of the contract.

 

The consumer is obliged to immediately inform the entrepreneur of any inaccuracies in the payment data provided or mentioned.

 

In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge reasonable costs that have been notified to the consumer in advance.

 

Article 14 - Claims

 

Complaints regarding the performance of the contract must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, described fully and clearly.

 

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint foreseeably requires a longer processing period, the entrepreneur will reply within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

 

If the claim cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.

 

A complaint does not suspend the merchant's obligations, unless the merchant indicates otherwise in writing.

 

If the entrepreneur considers the complaint to be justified, he will, at his discretion, replace or repair the delivered products free of charge.

 

Article 15 - Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Thai law, even if the consumer resides abroad.