Terms and Conditions for Online Sales

Last Modified: 20 March 2018

1. CONSTRUCTION

a. This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.

By placing an order for products or services from this website, you accept and are bound by these terms and conditions.

You may not order or obtain products or services from this website if you (a) do not agree to these terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with the company, or (c) are prohibited from accessing or using this website or any of this website’s contents, goods or services by applicable law.

b. These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.warrix.co.th (the “Site”). These Terms are subject to change by Warrix Sport Co., Ltd. (referred to as “Company” “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

c. These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.

2. ORDER ACCEPTANCE AND CANCELLATION

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you an email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order processing confirmation email. You have the option to cancel your order at any time before we have sent your order processing confirmation email.

3. ORDER ACCEPTANCE AND CANCELLATION

a. All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order processing confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do include taxes but do not include charges for shipping and handling. All such charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

b. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order saved for Cash on Delivery order. We accept Credit Card, Internet Banking Payment, Bank Transfer, or Cash On Delivery for the purchase depending on the purchasing item. You represent and warrant that (i) the credit card/payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card/payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company or financial institution, and (iv) you will pay charges incurred by you at the posted prices, including all applicable charges, if any.

4. SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS

a. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options, if any. Unless otherwise indicated, you will pay all shipping and handling charges specified during the ordering process.

b. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

5. RETURNS AND REFUNDS

Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, provided (i) the product is in defective conditions upon delivery, (ii) the product received is not accurate as per your order, or (iii) the product received is not as per advertisement in all material aspects. Such return request must be made within 7 days of delivery and must be returned in their original condition. To return products, you must contact us to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA.

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment.

Refunds are processed within approximately 7 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. The timeframe until the refund will reflect into your bank account or credit card statementdepending onthe process and procedure of your bank or financial institution, which may take 3 days to 2 months.

6. LIMITED WARRANTY AND LIMITATION OF LIABILITY

The product purchased from the site is sold “as is”, without warranty of any kind, express or implied. We do not warrant that the products purchased will be free from defects in materials or workmanship.

Our liability will under no circumstances exceed the actual amount paid by you for the defective product or service that you have purchased through the site, nor will we under any circumstances be liable for any consequential, incidental, special or punitive damages or losses, whether direct or indirect.

7. INTELLECTUAL PROPERTY USE AND OWNERSHIP.

You acknowledge and agree that the Company and its licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.

8. PRIVACY

Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

9. FORCE MAJEURE

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

10. GOVERNING LAW AND JURISDICTION.

All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of Thailand without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of Thailand.

11. ASSIGNMENT

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

12. NO WAIVERS

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

13. NO THIRD PARTY BENEFICIARIES

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

14. NOTICES

a. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

b. To Us. To give us notice under these Terms, you must contact us by personal delivery, courier or registered or certified mail to our address provided in the footer of the Site. We may update address for notices to us by posting on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by courier will be effective two business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

15. SEVERABILITY

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

16. ENTIRE AGREEMENT

These Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.