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Terms & conditions

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Definitions

  • Buyer is the person who buys or agrees to buy the Goods/Services from the Seller. Conditions are the terms and conditions of sale as set out in this document ad any special terms and conditions agreed in writing by the Seller.
  • Goods are the articles which the Buyer agrees to buy from the Seller.
  • Services are the services which the Buyer agrees to buy from the Seller.
  • Price is the price for the Goods/Services (excluding of including shipping fees and/or insurance costs if any).
  • Seller is Rock Around Asia, Headquarter 90/40-41 Sathorn Thani Building 15th Floor, Sathorn Nua Road, Silom, Bangrak, Bangkok 10500 Thailand.

Conditions

  • These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods/Services, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
  • All orders for Goods/Services shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
  • In case of delivery, acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
  • These Conditions may not be varied except by the written agreement of the Seller.
  • These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.

Price

The Price shall be the price quoted on the Seller’s confirmation of order and/or the price displayed in the customer cart during checkout process.

Payment

Full amount shall be paid before delivery by PayPal secured payment

Goods

The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.

Warranties

The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order. [Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded].

Delivery of the Goods (if any)

  • Delivery of the Goods shall be made to the Buyer’s address (mainly airmail door-to-door service via FedEx, TNT, DHL and Thai Post). The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery (via Parcel Delivery Tracking Platform).
  • The Seller undertakes to use its reasonable endeavors to dispatch the Goods on an agreed approximately delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
  • The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
  • If the Buyer fails to take delivery of the Goods on the agreed delivery approximately date or, if no specific delivery date has been agreed, when the Goods are ready for dispatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
  • In case of loss or damage during the shipping process, the Seller shall not be responsible of any loss or damage. Nevertheless, The Seller shall propose to the Buyer during the purchase process a transportation (shipping) insurance option. Insurance coverage, terms and conditions is defined specifically with TNT, FedEx, DHL and Thai Post.

Acceptance of the Goods

  • The Buyer shall be deemed to have accepted the Goods 48 hours after delivery to the Buyer.
  • The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to the Seller within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.
  • Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

Title and risk

  • Risk shall pass on delivery of the Goods to the Buyer’s address.
  • Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
  • Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
  • The Seller may at any time before title passes and without any liability to the Buyer:
    • Repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
    • For that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
  • The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
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