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Home > Term & Condition

1 GENERAL

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.

2. PRICES

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.


3. PAYMENT

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).


4. CANCELLATION

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.


5. DELIVERY

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.


6. RISK AND TITLE

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.


7. WARRANTIES BY THE SELLER

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.


8. LIABILITY

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.


9. LIMITATION OF LIABILITY

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.


10. TERMINATION

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.


11. Availability of Goods

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.


12. Time Limitation for Notification of Claims

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.


13. Returned Goods

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.


14. Force Majeure

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.


15. NON-ASSIGNABILITY

The purchaser shall not assign or transfer the benefit of any contract without the written consent of the seller.


16. JURISDICTION

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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