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Thai Market - Terms of Service
General
These Terms of Service shall override any terms detailed in any order, or any terms provided verbally by a representative of Thai Market. Only the most recent publicly available version of these terms will apply to all matters relating to our provision of services. These terms of service contain important information about ordering, processing, fulfilment and delivery of goods, plus limitations of liability which may affect the buyer.
Agreement
By visiting our website or placing an order, the buyer agrees to these Terms of Service, which constitutes a legally binding agreement for the supply of goods. The buyer must:
Copyright and Trademark Ownership Notice
The Thai Market logo, including all related icons, mascots & artworks are properties of Thai Market (also referred to as 'thaimarket.com.au'). All other marks, names, and logos mentioned herein are the property of their respective owners.
All brands & images appearing on this Site including graphics, text, design, buttons, logos, images, and icons, as well as the selection, assembly, and arrangement, are the property of their respective owners. The content on this Site is only for the purpose of shopping and ordering on this Site and for no other purpose. Any other use, including modification, reproduction, reverse-engineering, uploading, posting, transmission, or distribution in any form or by any means without Thai Market's prior written permission, is strictly prohibited.
All rights not expressly granted herein are reserved.
Disclaimer and Limitation of Liability
This site is provided by Thai Market on an as-is basis. Thai Market makes no representations or warranties of any kind, express or implied, as to the operation of this site, the information, content, materials or products detailed or included on this site. To the full extent permissible by applicable law, Thai Market disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Thai Market will not be liable for any damages of any kind arising from the use of this site or the products provided at the buyers request, including but not limited to direct, indirect, incidental, punitive and consequential damages.
Any material downloaded or otherwise obtained through the use of this site is done at the buyers own discretion and risk. The buyer will be solely responsible for any damage to a computer system or loss of data that results from the access or download of any such material. No advice or information, whether oral or written, obtained by the buyer from Thai Market or its employees or representatives will create any warranty not expressly provisioned in these terms.
Once goods have been delivered to the buyer, or delivered in accordance with their instructions, the buyer assumes all risks and liabilities in relation use of the goods, in additional to all responsibilities regarding the safety and ownership rights of the goods.
In the event of a product fault covered by warranty, Thai Market is liable only for the cost of the faulty goods up to their individually invoiced values. Shipping costs are not covered under warranty or returns policies as outlined on those policies individual pages. Please see our Warranty & Returns page(s) for more information.
Errors & Omissions
Price
In the event a product price is listed incorrectly due to typographical error, error in pricing information received from our vendors, or by computer malfunction, Thai Market shall have the right to refuse or cancel any orders placed for products listed at an incorrect price, regardless of whether the order has been confirmed and/or full payment received. If the buyer's credit card is charged for an invalid purchase and the order is cancelled, Thai Market will credit the original credit card account in the amount of the incorrect value only. The buyers assistance may be required to facilitate a refund as credit card information in not stored by Thai Market.
Prices may be changed at any time and without notice.
Prices are exclusive of shipping charges.
Information, Descriptions and other Content
Thai Market's Site contains information, advice, text, and other materials that are provided for the buyers convenience and enjoyment. You should be aware that the information might contain errors, omissions, inaccuracies, or outdated information. Thai Market makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products within this Site does not imply endorsement of that product.
Data relating to the specifications of a product may change at any time. Weights, Dimensions, Capacities and version information are approximate.
Thai Market endeavours to ensure all information is present and correct to assist the buyer with making an informed purchasing decision, but it the responsibility of the buyer to ensure that their purchases are fit for purpose and compatible with any relevant existing hardware. Failure of the buyer to verify a products compatibility with the buyers express requirements before purchase does not constitute a product defect and is not covered under warranty. Please see our returns policy for more details.
Order Policy
These terms of service and the conditions herein pertain only to orders made via www.thaimarket.com.au. Any orders made outside of these channels will not be recognised by Thai Market and claims against them will not be acknowledged. Please be wary of phishing scams and 'copy-cat' retailers who may masquerade as Thai Market, a subsidiary of Thai Market, or represent themselves in such a manner as to confuse themselves with our branding, website or trading entity.
Discretion of Rejection
The buyer's receipt of an electronic or other form of order confirmation does not signify acceptance of an order, nor does it constitute confirmation of an offer to sell. Thai Market reserves the right at any time after receipt of an order to decline that order for any reason. We may require additional verification or information before accepting any order. If verification of identity is not adequately provided, the order will be cancelled under suspect of fraud.
A legally binding contract is formed between Thai Market and the buyer only once the goods have been dispatched. Prior to dispatch, all goods remain the property of Thai Market.
Availability & Order Fulfilment
Thai Market reserves the right, at any time after receipt of an order and without prior notice to the buyer, to supply less than the quantity ordered of any item in the event of unforseen short supply. In the event of a short-supply, you will be contacted and any relevant funds will be reimbursed in accordance with any balance in credit left after part-fulfilment or cancellation.
Delivery
Once an order is received, paid in full, accepted by Thai Market and processed for fulfilment, we will endeavour to dispatch that order within one business day or according to our same-business-day policy where applicable. If we are unable to dispatch an order due to unforseen circumstances or limitations of service from third-party vendors, and the estimated time of delivery will be affected by a delay in dispatch, we will contact the buyer and advise the buyer of the expected dispatch time.
Thai Market reserves the right to ship goods by the most economical means available in accordance with the shipping method paid for by the buyer. This may include alternate carrier services or multiple instalments. If an order is shipped in separate consignments or multiple instalments and a part of that order fails to be delivered, the buyer is not entitled to a cancellation of their purchasing contract. Lost or misdirected partial shipments will be replaced only after suitable time is given for Thai Market to complete an investigation with the carrier service.
Thai Market offers a service whereby the buyer can specify delivery instructions which may absolve the carrier service of all or part of their responsibility to secure delivery confirmation. Thai Market will not be liable for any order, or delivery of order, that is delivered in accordance with the buyer's delivery instructions. Circumvention of signature on delivery requirements will void any and all insurance cover.
Force Majeure
Thai Market shall not be liable for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is outside the seller's reasonable control. Delays in delivery may occur at any time for reasons outside of our control or our carrier service's control (for example, Acts of God), and the buyer may not hold Thai Market liable for any losses relating to such a delay.
Warranties and Returns
Warranty coverage periods are specified on a per-product basis.
Tax
Thai Market is required by law to collect 10% goods and service tax (GST) on behalf of the Australian Taxation Office. All of the prices listed online for goods and services (including shipping) are inclusive of GST.
User Content
Thai Market may allow users of this Site to post reviews, faqs, comments, content, relating to products featured on the Site. By submitting such Content, you automatically attest that all content is accurate and original and that, without any particular time limit, and without the payment of any fees, Thai Market and anyone Thai Market permits may reproduce, display, distribute and create new works of authorship in any media, based on and including the Content. Additionally, you grant Thai Market the right to use the name you submit in connection with such Content.
No Endorsement of User Content
Users to this Site are prohibited from posting through this Site any harmful, vulgar, obscene, profane, sexually explicit, abusive, threatening, privacy invading, libellous, racially, ethnically, or otherwise objectionable or unlawful content of any kind, or that infringes or may infringe on the intellectual or other rights of another. You acknowledge that Thai Market does not endorse or pre-screen content, but that Thai Market and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is available via this Site.
Gift Vouchers, Discount Codes and Store Credits
Our returns policy does not cover any voucher code, discount code or store credit code. Codes of this nature are non-refundable and non-transferable and cannot be exchanged or redeemed against another code of any type. Unless specified otherwise, codes are valid for one use in a single transaction towards a single order. Any partial credit remaining after a code is redeemed will be forfeited.
Thai Market cannot replace a lost or stolen code once it has been received.
In the case of store credit only, Thai Market may elect to grant a partial redemption, but only when a partial-credit purchase is conducted via phone.
Affiliate payments
Accrured afilliate payments will be made 7 days after month end. Payments will be made once affiliates accounts accumulate $25AUD or more.
Miscellaneous
If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
A failure or delay by Thai Market in exercising a right or policy under these terms of service does not constitute a waiver of that right or policy.
Thai Market employees and representatives do not have the authority to modify or circumvent the Terms of Service as they pertain to sales, warranties, returns or limitation of liabilities.