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1.1 In these Terms and Conditions the following words
shall, unless the context otherwise requires have the
meanings set respectively against them:
"The Seller" means bangkokezybuy.com, registered
as E-Commerce actor with Department of Business Development,
Commercial Ministry, Thailand the number is
0107514803865
"The purchaser" means the person, firm or
Company to be supplied with goods by the seller.
"The Goods" means all goods (including packaging)
under a contract Made subject to these Terms and Conditions.
"The Contract" means a contract between the
Seller and the Purchaser for the sale of the Goods made
subject to these Terms and Conditions.
1.2 Only these Terms and Conditions shall apply to
transactions between the Seller and the Purchaser. Any
conditions emanating from the Purchaser's documents
are sent by the Purchaser and received by the Seller
on the understanding that they appear on the Purchaser's
documents because. They are printed thereon but have
no legal effect whatsoever, and the Purchaser waves
any rights which the Purchaser might have to rely on
such conditions.
1.3 Neither the Seller nor the Purchaser shall be bound
by any variation, waiver of or addition to these Terms
and Conditions except as agreed by both parties in writing
and signed on their respective behalves.
1.4 These terms and conditions do not affect your statutory
rights. To order goods through this website you must
be at least 18 years of age and accept delivery at the
address provided by the purchaser. We will treat each
order for goods as an offer by you to purchase the goods
subject to these terms and conditions.
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2. PRICES
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2.1. The Seller does not give quotations or estimates
of prices of its products.
2.2. The prices payable for all products supplied by
the seller shall unless otherwise stated by the seller
in writing and signed on its behalf, be the sellers
list price for each product current at the date of invoice,
less any previously agreed discount allowed to the purchaser.
2.3 In the event a product is listed at an incorrect
price due to typographical error or error in pricing
information from our suppliers, taxes or duty changes,
we shall have the right to refuse or cancel any orders
listed at the incorrect price whether or not the order
has been confirmed. If your credit card has already
been charged and we subsequently cancel your order,
we will immediately issue a credit to your credit card
account in the value of the incorrect price (including
delivery charges).
2.4. The purchaser shall have no right to an automatic
discount on the list prices; all discounts shall be
expressly agreed between the Seller and the Purchaser.
2.5. VAT will be charged (if appropriate) at the rate
prevailing at the date of invoice or despatch of the
goods, whichever is the later.
2.6. Where an order is made for delivery by installments,
the price payable for each installment shall be the
purchase price of the seller current at the date of
invoice or despatch of each installment.
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3. PAYMENT
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3.1 Payment for the Goods shall be made by cash with
order or within the agreed credit terms.
3.2 Except as may otherwise be agreed by the Seller,
payments are to be made without retention and in any
event the seller reserves the right to demand payment
at any time.
3.3 For retail Purchasing we accept all major credit
and debit cards including Visa and Mastercard. On the
order you must provide us with your exact billing address
and telephone number - the address and phone number
your credit card bank has on file for you. Incorrect
information will cause a delay in processing your order.
Your order will only be processed once authorization
of your credit card has been properly received.
3.4 For wholesale bulk Purchasing of some product
catagory, the Purchaser can open
letter of credit - L/C
3.5 The purchaser shall not without the written agreement
of the seller. Be entitled to deduct from any money
due pursuant to the contract any claim for loss or expense
alleged to have been incurred by the Purchaser by reason
of any breach of failing to observe the provisions of
this or any other contract by the seller (and the Purchaser
expressly waives any common law rights of set-off to
which it may be entitled).
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4. CANCELLATION
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4.1. If on cancellation, the return of any Goods which
have already been delivered is necessary risk of damage
in transit shall remain with the purchaser until the
returned Goods are accepted by the Seller.
4.2. The seller reserves the right to make any administration
or cancellation charge and the purchaser shall in addition
indemnify the seller for any charges or losses in excess
of the administration charge suffered by it in connection
with the return of the Goods.
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5. DELIVERY
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5.1. The Seller will make all deliveries to the address
stated by the Purchaser on the order.
5.2. Where an order is made for delivery by installments
each installment shall be delivered in accordance with
this clause 5.
5.3. At the date of making the order the purchaser
shall be entitled to nominate that the Goods be collected
by the Purchaser. In such event, the purchase price
shall be the ex-works price for the Goods and risk shall
pass to the Purchaser in accordance with clause 6.1.3.
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6. RISK AND TITLE
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6.1 The risk in the Goods shall pass to the Purchaser
as follows:-
6.1.1. Where the seller delivers the Goods to the purchaser
or to the purchasers order, then as from their arrival
at the point where they are to be unloaded (provided
that unloading shall be the responsibility of and at
the risk of the purchaser); or
6.1.2 Where the Seller causes the Goods to be delivered
to the purchaser or to the purchasers order, then as
from the point of acceptance of the Goods into the custody
and control of the carrier; or
6.1.3 Where the purchaser collects the Goods or causes
the Goods to be collected, then as from the point where
they are collected (provided that when the Goods are
loaded onto vehicles loading shall be the responsibility
of and at the risk of the customer).
6.2. Legal and equitable title to the Goods shall not
pass to the purchaser until all amounts for the time
being due and owing from the purchaser to the seller
(whether for the Goods or under any other contract made
between the seller and the purchaser) are received in
full by the seller and until such time both the legal
and beneficial ownership of the Goods shall remain with
the seller.
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7. WARRANTIES BY THE SELLER
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7.1 All Goods are warranted free of defects in materials
and workmanship at the date of despatch.
7.2 We have no warranty for misused or careless used.
7.3 Where a sample of the Goods has been exhibited
to and inspected by the purchaser, then such sample
shall be deemed to have been exhibited and inspected
solely to enable the purchaser to judge for himself
the quality of the bulk and not so as to constitute
a sale by sample. The purchaser shall take the Goods
at his own risk as to their corresponding with the said
sample in respect of their quality, condition or sufficiency
for any purpose.
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8. LIABILITY
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8.1 The seller shall not be liable for:
8.1.2 Defects in the Goods caused by any act or default
of the purchaser or of any third party;
8.1.3 Any consequential loss whatsoever.
8.2 The Seller shall not incur any liability in respect
of Goods if these have been altered in any way following
despatch to the purchaser.
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9. LIMITATION OF LIABILITY
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In the event of any shortage of defect in the Goods
for which the seller accepts liability the sole obligation
of the seller shall be at its option to make good any
shortage and/or as appropriate replace or repair any
goods found to be defective. In no circumstances shall
the sellers aggregate liability to the purchaser whether
for negligence, breach of contract, misrepresentation
or otherwise exceed the cost of the defective or undelivered
Goods determined by the net price invoiced to the purchaser.
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10. TERMINATION
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If the purchaser enters into a deed of arrangement
or commits an act of bankruptcy or compounds with his
creditors or if a receiving order is made against him
or (being a company) it shall enter into liquidation
(otherwise than for the purpose of amalgamation or reconstruction)
or if a receiver shall be appointed of any of the assets
or undertaking of the purchaser, or if the purchaser
suffers any similar action in consequence of debt or
commits any breach of the contract the Seller may stop
any Goods in transit and/or suspend any further deliveries
and/or by notice in writing to the purchaser may forthwith
determine the contract without prejudice to the provisions
hereof and to any existing claim and the seller may
enter upon the purchasers premises to re-possess any
Goods the title to which has not passed to the purchaser,
and the purchaser hereby grants to the seller a licence
for that purpose.
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11. Availability of Goods
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Products and services are subject to availability and
may be withdrawn at any time. we do not supply the goods
for any reason we will not charge you for these and
we will refund any money already paid for them. However,
we will not be responsible for compensating you for
any other losses you may suffer if we do not supply
the goods.
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12. Time Limitation for Notification of Claims
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Damage in transit: If goods arrive in a damaged condition
you must make a note on the carrier's delivery consignment
note and it will be your responsibility to inform us
within 5 days from delivery.
Shortages: It is your responsibility to sign for the
correct number of packages as shown on the carrier's
delivery consignment note. Any shortages must be noted
on the consignment note and it will be your responsibility
to notify us within 5 days from delivery. In-Correct
Goods: It is your responsibility to notify us of any
in-correct goods supplied within 5 days from delivery.
Non-Deliveries: We will not accept liability for goods
lost in transit unless we are notified within 5 days
from the expected delivery date.
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13. Returned Goods
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If you are not totally satisfied with your purchase
for any reason, you have the right to cancel your order
within 7 working days from date of delivery for credit
or refund. It is your responsibility to return purchases
in pristine condition in its unopened original box and
packaging. For full details of how to return please
call us via e-mail : webmaster@bangkokezybuy.com. You will be wholly responsible
for the cost of return delivery and safe return of the
goods. Subject to claim validly and correctly notified
in accordance with the Time Limitation for Notification
of Claim paragraph of these terms, goods received back
incomplete or in a damaged or used condition will either
be returned to you and the cost of delivery charged
to your account or we reserve the right to levy a surcharge
on such returned goods at a minimum 15% of the invoice
price. If you do not return goods within 7 days after
you have informed us that you wish to cancel your order,
we reserve the right to arrange collection of the item
from you and to charge you for such collection.
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14. Force Majeure
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The Seller shall not be liable for any loss or damage
caused by non-performance or by delay in the performance
of any of its obligations to the purchaser due to act
of god, war, civil disturbance, government action, strike,
lock-out or trade dispute (whether involving its own
employees or those of any other person), difficulties
in obtaining materials, breakdown in machinery, fire
or accident or any other cause whatsoever beyond the
control of the seller. Should any such event occur the
seller reserves the right to cancel or suspend any contract
with the purchaser made subject to these Terms and Conditions
without incurring any liability for any loss or damage
thereby occasioned.
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15. NON-ASSIGNABILITY
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The purchaser shall not assign or transfer the benefit
of any contract without the written consent of the seller.
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16. JURISDICTION
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16.1 The contract shall in all respects be governed
by and construed and interpreted in accordance with
Thai Law and in the event of any dispute arising the
same shall be subject to the jurisdiction of the Thai
courts.
16.2 The purchaser shall ensure that the use to which
the Goods are to be put does not contravene any local
or national laws, bye-laws, regulations or planning
consents for the time being in force, and will indemnify
the seller against any such contravention's.
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