Currency    [ 0 ]    About us | Service Location | FAQ | Contact us  
Search Product      
                                 Language :       
 
   
EMS  DHL

 
 
 
TERMS AND CONDITIONS OF INTERNET SALES WWW.KARATISE.COM

Home > Term & Condition
 

Please read these Terms and Conditions of Internet Sales (“<strong>Terms and Conditions</strong>”) carefully because they contain important information about your rights and obligations, as well as limitations and exclusions that shall apply to all Internet sale and purchase transactions from the Karatise Online Store via this Website.  It is also strongly recommended that you print and keep a copy of this Terms and Conditions for your reference.

Upon placing any purchase order for any product from our website, you acknowledge that you are fully aware of the contents of these Terms and Conditions and agree to be bound by these Terms and Conditions. You further agree that any electronic/internet transactions processed or completed with the Seller on this website be fully and legally enforceable and binding upon the parties in accordance with the Thai Electronic Transactions Act B.E. 2544 (2001).

  1. Definition
    1. Customer” means any person who orders the Product(s) from our Karatise Online Store via this Website.  In the case such ordering person has specified another person other than himself/herself to take delivery of the Product(s), it shall also mean such other specified person;
    2. Product(s)” means any products listed by the Seller as shopping items on this Website;
    3. Seller” means Karatise Co., Ltd., a company legally registered and operated under the laws of Thailand; and
    4. Website” or “this Website” means www.karatise.com.
  2. Order Placing and Confirmation
    1. No information on this Website constitutes an offer by the Seller to supply any Product(s);
    2. When the Customer places an order with the Seller via this Website, the Customer is making an offer to purchase the Product(s) from the Seller. The Seller may or may not accept the Customer’s offer at the Seller’s absolute discretion;
    3. Upon receipt of the Customer’s order, the Seller will verify the availability of the Product(s) as well as the Customer’s credit card or other payment details. The Customer acknowledges that the Seller has not accepted the Customer’s offer or order and is not obliged to supply the Product(s) until the Seller has sent an order confirmation to the Customer by email.
  3. Supply of Product(s)
    1. Subject to these Terms and Conditions and availability of the Product(s) or raw material, the Seller may agree to supply the Customer with the Product(s) as specified in the Customer’s order form submitted to Seller via this Website;
    2. The Customer acknowledges and accepts that the Product(s) of the Seller is/are handmade or custom-made per the order of the Customer. As a result, the pictures showing the Product(s) in this Website may not be identical to the Product(s) as shipped to the Customer. The Seller shall have the right to supply the Product(s) which do/does not correspond to the pictures appearing in this Website, provided that the said Product(s) substantially use the same materials as described in this Website.

      In the unlikely event that the Product(s) is/are no longer available, or that the Seller has made a pricing mistake, the Seller will advise the Customer as soon as possible, in which case the Customer will not receive an e-mail confirming acceptance of the Customer’s order pursuant to Clause 2.3 above, and there will be no Seller-Customer contractual relationship for such order. If the payment for the Product(s) has already been made by the Customer, the Customer will receive a full refund for such Product(s). For avoidance of doubt, the Customer agrees not to claim for damages or compensation or interest whatsoever from the Seller in any case;

    3. The color of the Product(s) as it appears in this Website may be different from the actual Product(s) when it is being viewed and compared on a computer screen. The Customer accepts that they will have no right to reject the product on the basis of minor color differences; and
    4. The Seller shall have the right to make substitutions and modifications of the specification of the Product(s) ordered by the Customer, provided that such substitutions or modifications will not materially affect the overall specification of the Product(s) or the type of Product(s) ordered by the Customer.
    5. The Customer understands and agrees that the Product(s) on this Website consists of natural substances, such as diamond, ruby, gold, white gold, titanium, etc., the quality of which may vary and depends on the grade of such particular substances. As a result, the Seller is not in a position to guarantee that the natural substances used to make the Product(s) are free from natural marks. For avoidance, normal natural marks shall not be considered as defective, and the Customer shall not be entitled to Clause 6 of these Terms and Conditions.
  4. Price and Payment
    1. All Products on our Website are to be sold in Thai Baht (THB). Pricing of Product(s) shall be the price as stipulated on this Website at the time when the Customer places an order with Seller;
    2. Price, Taxes, Shipping Costs and Insurance
      • Domestic Sales
      • For purchase of the Product(s) made by the Customer with the delivery address located in the Kingdom of Thailand, such transaction shall be considered as “Domestic Sales”, whereby the prices quoted on this Website are inclusive of Thai Value Added Tax (VAT) (at the rate applicable at the time of sale), shipping costs and insurance.

      • International Sales

        For purchase of the Product(s) made by the Customer with the delivery address located outside the Kingdom of Thailand, such transaction shall be considered as “International Sales”, whereby the prices quoted on this Website are inclusive of Thai Value Added Tax (VAT) (at the rate applicable at the time of sale) and insurance, but exclusive of shipping costs. The Customer shall be responsible for international shipping costs per the rates to be quoted by the carrier for such particular destination country.

        For the International Sales, the Seller shall not be responsible for any import duty, customs restrictions, customs clearance, or other laws and regulations that apply in countries outside the Kingdom of Thailand. It is the sole responsibility of the Customer to pay taxes, duty or charges levied by the authorities for import of the Product(s) into such other countries outside the Kingdom of Thailand. In addition, it is strongly recommended that the Customer observes the respective laws and regulations of the country in which he/she receives the Product(s) so that the Customer can be lawfully import the Product(s) into such country since all the shipped Product(s) is/are non-refundable, non-returnable and non-exchangeable.

    3. Other currencies listed on our Website are calculated on estimated exchange rates for reference purposes only. The Customer may be offered to make payments in currencies other than Thai Baht (THB), however, the Customer will be subject to any exchange rates and/or other charges by banks, credit card companies or other payment service providers at the time of checkout. That is, the Seller shall be in no way involved, responsible or liable for differences of the fluctuation of the exchange rates.
    4. Upon placing an order with the Seller, the Customer shall provide his/her valid credit card number and other billing information as requested by the payment gateway service provider and the Website respectively, as the case may be. The Seller will usually charge the credit card and other payment methods, such as PayPal or bank transfer payment (subject to payment policy of the Seller), on confirmation of the order. The Seller uses a reliable payment gateway service provider for the payment of the Product(s) purchased on this Website. As a result, the Seller will not receive, retain or have access to the Customer’s credit card information and details; and
    5. The Seller will take all reasonable precautions to keep the details of Customer’s order and information secured, but the Seller cannot be held liable for any losses caused as a result of unauthorized access to information provided by the Customer to the payment gateway service provider. Please refer to our Privacy Policy page for more information about our privacy policy.
  5. Delivery
    1. The Product(s) will be delivered to the Customer at the delivery address provided by the Customer. The Seller will use its discretion in selecting a reputable carrier and appropriate means of delivery;
    2. When the Product(s) have been shipped pursuant to the Customer’s order, the Seller will e-mail the Customer to confirm shipment and may supply the Customer with package tracking number(s) or information;
    3. The ownership and risk of loss or damage of the Product(s) shall pass to the Customer at the time the Product(s) is/are delivered by the carrier to the Customer.

      In case of loss or damage of the Product(s) during the delivery, the Seller shall have the right to claim for compensation directly from the carrier and/or insurer, in which case the Seller will deliver a new Product(s) to the Customer to replace such lost or damaged Product(s). If replacement Product(s) is not available, a refund of product price only will be made to the Customer. For avoidance of doubt, the Customer agrees not to claims for damages or compensation or interest whatsoever from the Seller in any case;

    4. Any dates quoted by the Seller for the delivery of the Product(s) are estimates only and shall not form part of the contract. The Seller shall be under no liability for any delay or failure to deliver the Product(s) within the estimated delivery time;
    5. The carrier will make its best possible effort to deliver the Product(s) to the Customers or a designated person. If an order shipment is undeliverable to the Customer or such designated person, the Product(s) will be returned to the Seller at the Customer’s expenses. The Seller, at its sole discretion, may redeliver the Product(s) to the Customer upon the request of the Customer at the Customer’s expenses or may cancel such order shipment and issue a refund (after deduction of shipping and/or other costs and expenses and/or damages incurred to the Seller).

      It is, however, strongly recommended that the Customer take the delivery of the Product(s) from the carrier by himself/herself since the Seller shall assume no responsibility whatsoever to loss, damage, misappropriation or fraud caused or committed by such designated person; and

    6. It is strongly recommended that the Customer or the designated person inspects both the mailing package and the Product(s)’ box/pack to ensure that all the security seals are in good condition and not broken, before accepting the delivery of the Product(s) from the carrier. In the case of broken seals, the Customer or the designated person shall refuse to accept the delivery and report to the Seller immediately. Acceptance of the Product(s) without any objections shall be deemed that the Customer or the designated person has received the Product(s) correctly. The Seller shall not be responsible for any and all damage as a result of the ignorance or negligence of the Customer or the designated person.
  6. Cancellations and Returns
    1. At any time after the order is confirmed and before the Product(s) is/are dispatched to the carrier, the Customer may cancel his/her order, in which case the Customer hereby acknowledges and agrees that he/she may not receive a full refund for such cancellation since the Seller shall have the right to deduct any and all costs, expenses, payments or any amount due to the Seller in preparation of the Product(s) for the Customer, as well as damages or compensation or claim arising against the Seller out of the cancellation of the order by the Customer.

      In the case of customized or made-to-order Product(s), no cancellation is allowed and the refund policy under Clause 5.5 (Delivery) shall not apply. For avoidance of doubt, the Seller shall not issue a refund for undelivered customized or made-to-order Product(s).

    2. The Customer acknowledges and agrees that the Product(s) sold on this Website may be handmade and/or custom made to the sizes and/or specifications ordered by the Customer, as a result, no Product(s) shall be returned to the Seller unless:
      • The Product(s) in question is defective;
      • The Seller has notified the Customer by e-mail or in writing that the Customer may return such defective Product(s) to the Seller;
      • The Product(s) is returned in a clean and well packaged condition, unused and undamaged; and
      • The Customer returns the Product(s) at his/her own expense which shall include any and all custom duties or taxes, delivery and all other expenses. The Customer is responsible for any risk of loss or damage to the Product(s) being returned.
    3. The Customer must notify the Seller, in writing, of any defects or nonconformance of the Product(s) under Clause 6.2 immediately after the Customer receives the Product(s). The Customer can only return the defective Product(s) to the Seller only upon the receipt of confirmation for return of the Product(s) from the Seller.
    4. Upon satisfactory return of the Product(s) to the Seller, replacement Product(s) will be shipped to the Customer if the Seller is satisfied that the Product(s) returned by the Customer is defective after suitable tests and inspections by the Seller. If replacement Product(s) is not available, a refund of product price only will be made to the Customer.
    5. If the Seller is not satisfied that the returned Product(s) is defective, the Seller will deliver the returned Product(s) to the Customer at the Customer’s own costs and expenses. . The Customer is responsible for any risk of loss or damage to the Product(s) being returned.
    6. The Customer acknowledges and accepts that he/she is offered a choice of sizes of the Product(s) (such as rings) before the Customer places the purchase order. In the case of adjustment of the size of the Product(s) after the Customer has received the Product(s), the Customer shall contact the Seller or the Seller’s Service Locations for assistance. The Customer shall be responsible for shipping costs and expenses and assume any and all risks for loss of and/or damage to the Product(s).
  7. Cancellations and Returns
    1. The Seller reserves the right to update, revise or change these Terms and Conditions, the price of the Product(s) and any other information listed on this Website at any time without prior notice. Any such changes will take effect when posted on the Website and it is the Customer’s responsibility to read the Terms and Conditions and confirm the price of the Product(s) on each occasion when he/she uses this Website. The Customer’s continued use of the Website shall signify his/her acceptance to be bound by the latest Terms and Conditions.
  8. Force Majeure
    1. The Seller shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Seller.
  9. Liability
    1. All Product(s) provided in connection with this Website are on an “as is” and “as available” basis. Except as otherwise expressly agreed, the Seller makes no representations, warranties, covenants or guarantees of any kind, express or implied, as to the quality, suitability, accuracy or completeness of any information, content, service, or merchandise provided through this Website. The Customer expressly agrees that the use of or purchase from this Website is at his/her sole risk.
    2. Subject to this Clause 9, the Seller will not be liable for any loss of income, loss of profits, loss of contracts, or for any indirect or consequential loss or damage or any kind whatsoever arising and whether caused by tort, breach of contract or otherwise; and
    3. Subject to this Clause 9, Seller’s maximum aggregate liability whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed ten percent (10%) the amount payable by the Customer to Seller in respect of the Product(s) in question.
  10. Waiver/Invalidity
    1. Failure of the Seller to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. The invalidity or unenforceability of any provision of these Terms and Conditions shall not adversely affect the validity or enforceability of the remaining provisions.
  11. Product Warranty
    1. Terms and Conditions for Product Warranty

      As a statement of confidence to our customers to our Product(s), we provide a Lifetime Warranty for our Products.

      This warranty does not cover, however, normal wear and tear or any damage to the Product(s) that results from accident, abuse, misuse, natural disaster, repair or modification, or loss of the Product(s). The Product(s) must be sent to our Service Locations at the Customer’s own costs, expenses and risk.

      As a condition to the Customer’s entitlement to the Seller’s Lifetime Warranty, the Customer must fully comply with our care instructions for the Product(s). It is strongly recommended that the Customer bring the Product(s) to our Service Locations for check up at least once every6 (six) months.

      Please refer to and study the inserts in the Product(s)’s box/pack for more details about our warranty, warranty limitation, care instructions, and more.

    2. Repair Procedures
      • For the Customer’s convenience for sending the Product(s) under the warranty for repair, the Customer must login into his/her Karatise account and choose the Product(s) which is/are in need of repair, as well as fill out the information required in the Repair Request Form per the instruction provided by the system. Once completed, the Repair Request Form must be printed and enclosed with the Product(s). The Product(s) must be sent to the Service Locations specified in Clause 14 (e) of this Terms and Conditions;
      • The Customer shall be responsible for shipping costs and other expenses, as well as any risk of loss or damage to the Product(s) sent for repair. It is strongly recommended that the Customer secures insurance for any and all risks for such Product(s).

        For the Customer residing aboard (outside the Kingdom of Thailand) and for the purpose of customs benefits at the country of the Customer, the Seller suggests that the Product(s) be marked as “Export for Repair” and “To be re-imported”, subject, however, to laws and customs formalities of each country, which is not under the knowledge or responsibility of the Seller whatsoever;

      • Once the Seller receives the Product(s) sent for repair, the Seller will estimate the time required to repair the Product(s) and repair costs (if any, such as damage not covered by the warranty) and will inform such estimation to the Customer by e-mail before starting the repair process;
      • In case of the repair with costs, once the Customer receives the estimation under Clause 11.2 (b) above, the Customer must confirm the repair to the Seller by e-mail before the Seller can start the repair process;
      • Once the repair is completed and the Seller has received the payment of repair costs (if any) from the Customer, the Seller will return the Product(s) to the Customer, whereby the Seller will be responsible for shipping costs and partial insurance. The Customer hereby acknowledges and agree that the Customer shall be responsible for any and all risk of loss or damage of such Product(s) being returned; and
      • It is the sole responsibility of the Customer to pay taxes, duty or charges levied by the authorities for import of the Product(s) into such other countries outside the Kingdom of Thailand.
  12. Headings
    1. The section headings used herein are for convenience or reference only and do not form a part of these Terms and Conditions, and no construction or inference shall be derived there from.
  13. Governing Law
    1. These Terms and Conditions shall be governed by and construed under the laws of the Kingdom of Thailand. The parties submit to the exclusive jurisdiction of the courts of the Kingdom of Thailand, being the place where the Customer’s order/offer has been received/accepted.
  14. Communication
    1. All communications, complaints or warranty claims must be sent to:
      1. E-mail to : customerservice@karatise.com or support@karatise.com
        Attention : Customer Services
      2. Mail to : Karatise Co., Ltd. M Floor, Suite # M29, Siam Paragon Building 991 Rama 1 Road, Pathumwan Bangkok 10330 Thailand
        Attention : Karatise Co., Ltd.
      3. Fax : (662) 610 - 9396
        Attention : Customer Services
      4. Telephone : (662) 610 - 9394
      5. Service Locations :
        1. Siam Paragon : Karat Jewelry M Floor, Suite # M29, Siam Paragon Building 991 Rama 1 Road, Pathumwan Bangkok 10330 Thailand
        2. The Emporium : Karat Jewelry G Floor, Suite # G28, Sukhumvit City Mall Building 662 Sukhumvit Road, Klongtuey Bangkok 10110 Thailand
  15. Proprietary rights
    1. Content included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) are protected by copyrights, trademarks, patent or other proprietary rights. All content is copyrighted as a collective work under the Thai copyright laws and the Seller owns such, to the fullest extent allowed by such laws. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the content, in whole or in part.