Terms Online Orders

Terms and Conditions for Online Orders

(Published and updated on 22 June 2011)

1. Preamble

These terms and conditions are published by Baechtold Limited, 12/2 Phaholyothin 37, Ladyao, Jatujak, Bangkok 10900, Thailand (herin referred to as “we/our/us”, or as “Baechtold Limited”), and apply to transactions conducted through electronic, online or other communications pertaining to offers, orders, order acknowledgements, order confirmations, delivery notices, and billings by email, telephone, fax, or other means, hereafter referred to as “Online Orders”, which are conducted exclusively through electronic or online media without face-to-face contact at our points-of-sale at department stores, exhibitons, shops, offices or elsewhere.

Expressly, transactions conducted, agreed on and concluded face-to-face at our points-of-sale at department stores, exhibitons, shops, offices or elsewhere are excluded from these Terms and Conditions for Online Orders.

You are a user of Online Orders and herein are referred to as “you” and/or “your”. Your use of Online Orders constitutes your agreement to all terms and conditions stated herein.

Online Orders are subject without adaptation to the terms and conditions stated herein. In addition, your use of our Website is subject to our Terms of Website Use published here. Your continued use of our Website and your Online Orders and in particular your acceptance of our delivery signify your acceptance to be bound by the latest terms and conditions published here.

Any deviation from the terms mentioned herein must be agreed on in writing.

BAECHTOLD LIMITED reserves the right to modify the terms, conditions and notices under which Online Orders are provided. Any such changes take effect when they are posted on this Website, and it is your obligation to read these terms and conditions whenever you use Online Orders. These terms and conditions are valid for all obligations entered through Online Orders.

All contents of this Website and of Online Orders are, as far as applicable by law, subject to ©Copyright BAECHTOLD LIMITED and/or of BAECHTOLD LIMITED’s trade partners. All rights reserved.

2. Offers, Confirmation, Agreement, Delayed Acceptance, Non-Acceptance

Offers appearing on this Website are not binding on Baechtold Limited, even if not so mentioned expressly. An obligation to deliver is entered by us only when we confirm acceptance of your Online Order in writing with an order confirmation. An order acknowledgement, which may be sent to you automatically upon receipt of your Online Order, is not an order confirmation and is sent to you only for the purpose of acknowleging that your Online Order has been transmitted.

If you do not receive a written order confirmation for an Online Order within 10 days of placing your Online Order, the Online Order is considered cancelled. If in the meantime your payment has been received by Baechtold Limited, you are entitled to a full refund.

In the event that we have difficulties tracing an Online Order we are permitted to use your contact and/or credit card information to contact you by phone, email or fax.

3. Territorial Limitations

Some products and brand names are sold and distributed by Baechtold Limited under agreements limiting our sales territory to Thailand. To every extent permissible under the applicable competition laws, we are restricted from actively marketing such products outside of our territory and therefore may not be authorized to solicity offers to you if you are located outside of our territory. Expressly, the publication of such products and brand names on our Website does not constitute our intent to solicit transactions outside of our territory.

4. Obligation, Cancellation and Right of Return

By placing an Online Order through our website or through other means you are entering an obligation to pay for and accept delivery of our goods which you have ordered online.

You have the right of cancellation without giving a reason. Your cancellation must be communicated in writing, including email.

You also have the right to return for either an exchange or a refund any delivery within 2 weeks of receiving the delivery if you are not completely satisfied with your purchase. When returning goods the items need to be in original, unused and unblemished condition, and accompanied by the original packaging. Shipping costs and insurance for return shipments are for your account.

Returns must be made to Baechtold Limited. Refunds will be made only by Baechtold Limited. We recommend that you first contact Baechtold Limited to arrange for the best method of return. Only once the goods have been received by Baechtold Limited in original unused condition with the packaging, can you get a refund or make an exchange.

If goods are received back not in original, unused or unblemished condition or without the original packaging, meaning in a condition that is damaged, unsuitable for further sale or incomplete, a full refund may not be possible. Baechtold Limited may then offer a partial refund or negotiate your acceptance one more time.

5. Cancellation by Baechtold Limited

Baechtold Limited reserves the right not to deliver and to cancel the Online Order, for example due to delivery problems, unavailablity of goods, or for any other reason. If your payment has been received by Baechtold Limited and we subsequently cancel your Online Order, you are entitled to a full refund.

6. Pricing

All published prices are not binding on Baechtold Limited until confirmed in a written order confirmation. Prior to confirmation Baechtold Limited reserves the right to change prices at any time, however, not after an order confirmation has been sent to you. Any price confirmed in an order confirmation will be valid for 15 days from the date of our order confirmation.

For Online Orders inside Thailand, our prices and price confirmations will include all Thailand taxes, including Thailand duties and Thailand Value Added Tax (VAT).

For Online Orders outside of Thailand, our prices and price confirmations exclude any taxes, duties, VAT or similar consumption taxes of the country of destination, and such specific taxes in the country of destination are for your account and are not included in our prices, unless mentioned in our order confirmation or agreed separately.

7. Shipping Expenses and Insurance

Unless indicated otherwise, we will charge for shipping, packaging and insurance of a parcel, depending on the volume and the destination, and such charges will be for your account.

Unless agreed otherwise the maximum shipping value which is insured is Thai Baht 200,000 (two hundred thousand). Should it not be possible to take out an appropriate insurance, we will inform you accordingly. Insurance costs vary by destination. Such costs are for your account.

8. Deliveries

We confirm the delivery time in writing for each Online Order and unless agreed otherwise and providing the maximum amount insurable per shipment is not exceeded, we will deliver your Online Order in one shipment. If the shipment of an Online Order needs to be separated into various shipments for any reason whatsoever, we will inform you accordingly. Additional shipping charges are for your account. If we are unable to deliver due to insufficient insurance possibilities we may cancel the Online Order and refund to you any payments made by you.

We shall not be liabile for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused, whether directly or indirectly, by circumstances beyond our reasonable control.

The acceptance of the delivery is your main obligation. If you refuse to accept you are considered in default of your obligation and the goods will be stored at your expense pending your acceptance.

9. Terms of Payment

Delivery takes place only after receipt of your payment and at the time of the confirmed delivery time. You can chose to pay by credit card online, or by any other agreed method of payment.

Payment is deemed made only when the amount has been credited to our account by your bank or by your credit card company.

10. Property

Baechtold Limited remains the proprietor of the goods delivered under any Online Order until all obligations are settled by you, primarily the payment.

11. Guarantees and Claims

We offer a guarantee on all our goods. The guarantee covers materials as specified in the guarantee documents as well as defects that are due to manufacturing mistakes.

We guarantee that precious metal alloys, stone sizes and weights, as well as any other dimensions, size, weights and qualities quoted and confirmed in writing by us prior to delivery will be adhered to by us.

We make every effort to represent as accurately as possible the look and the colors of our products in our Website and in our photos. Nevertheless, optical variations from the digital pictures shown online or in photos published otherwise, in particular, but not limited to, the color of gemstones and the gold color, do not constitute a default on our side, as long as the delivery meets all written descriptions of our order confirmation.

You are obliged to check the goods on receipt to ensure that they have no defects and that they correspond to your Online Order and to the details specified in the relevant documents. You must inform Baechtold Limited within 7 days in writing of any defects or mistakes. You must inform the delivery company immediately of any defects or damages from transportation. Damages caused by third parties are excluded from our obligation. In case of any claim you will give an exact description of the damage, the defect or the problem.

We reserve the right to repair defect goods or to exchange them prior to making a refund.

12. Privacy Policy, Information Collection and Use

Baechtold Limited will not sell, share, or rent information collected on this website to others, other than are necessary for the fulfillment of our obligations and for the processing of your payment, but only so far as is necessary to fulfill your Online Order. Such information stored for such purposes may include your email address, your address and name, and the details of your order.

Baechtold Limited has the right to send out service related messages and notices where appropriate.

Baechtold Limited tracks the traffic on this website, in particular the most popular products. Data from such tracking is used only to support our products, offers and marketing measures.

Credit card processing is done by our appointed partners. Baechtold Limited does not have access to credit card related data, as this data is processed securely by our partners. We do not have access to, retain, share, store or use any such information.

Baechtold Limited may occasionally send you information, news and offers and you have the right to opt out from receiving such communications.

13. Copyright

You acknowledge and agree that copyright, trade marks and other intellectual property rights made available as part of your use of this website remain our property and/or the property of Baechtold Limited’s trade partners. You are not permitted to use this material for other purposes than expressly authorized by us or by trade partners in writing. In all details, copyright and trademark rights are governed by our Terms of Website Use published here.

14. Conclusion

Baechtold Limited is not liable for any economic losses, loss of goodwill, or other and special losses incurred by any party arising out of or in connection with the provisions of any matter under these terms and conditions.

This contract is governed by the laws of Thailand and any dispute will be resolved exclusively in the courts of Bangkok, Thailand.

Baechtold Limited reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.

If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

These terms and conditions supersede all prior representations understandings and agreements between you and Baechtold Limited relating to Online Orders.

 

Bangkok, Thailand, 22 June 2011

Baechtold Limited, 12/2 Phaholyothin 37, Ladyao, Jatujak, Bangkok 10900, Thailand

© Copyright 2011. Baechtold Limited. All rights reserved.

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