TERMS AND CONDITIONS

PREAMBLE

Welcome to thairatchada.com website (hereinafter also referred to as the “Website”), which is provided by Thai Ratchada Foodstuff Trading L.L.C. (hereinafter referred to as the “Company” “We” or “Us”) as a service to our customers or users (hereinafter also referred to as “Users” or “You”). Please note that your use of the Website service constitutes your unconditional agreement to follow and be bound by these terms and conditions (hereinafter referred to as the “Terms and Conditions”). Please read them carefully as they affect your rights and liabilities under the Law.

All the Information (as defined below) provided must be accurate. Providing any inaccurate Information constitutes a breach of these Terms and Conditions. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested in the order (hereinafter referred to as the “Order”).

If you are not a consumer, you confirm that you have authority to bind any business.

  1. 1.1.        The Website is provided for your personal use subject to these Terms and Conditions and Privacy Policy. By using the Website and / or registering on the Website, you agree to these Terms and Conditions and Privacy Policy.

    1.2.    These Terms and Conditions govern your use of the Website in general, the products that you purchase from us using the Website and all services provided in connection with them.

    1.3.        The Website can be used by persons who have reached 18 years and can form legally binding contracts under applicable law. Persons who are incompetent to contract are not eligible to use the Website.

    1.4.        If you are a user below the age of 18, you must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with the use of Website and/or purchase of Products. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Website immediately. We reserve the right to terminate your registration and refuse to provide you with access to the Website if we discover that you are under the age of 18 years.

    1.5.        The Website cannot be accessed by persons whose registration has been suspended or terminated by us for any reason whatsoever. Those who choose to access this Website from outside the United Arab Emirates are responsible for compliance with local laws to the extent applicable. We will deliver the products only within the UAE and will not be liable for any claims relating to any products ordered from outside its jurisdiction.

    1.6.        We reserve the right to change or modify these Terms (including our policies which form a part of these Terms) at any time. Any such changes will take effect when posted on the Website. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to these Terms and Conditions and any amendments thereto by your continued use of the Website.

  1. 2.1.     The information (the “Information”) provided from your end will be protected in accordance with our Privacy Policy. If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

    2.2.       We assume no liability to any person for any loss or damage which may arise as a result of any failure by you in protecting your password or account. If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability to us.

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  2. 3.1.    Your Order is an offer to buy from us. We will send you an Order acknowledgement e-mail detailing the products you have ordered.

    3.2.      Nothing that we do or say will amount to any acceptance of your offer until we send you an e-mail notifying you of the order acknowledgment. At this point, a contract is made between us for you to buy and for us to sell the products that you have ordered from us.

    3.3.        After a contract is made, you cannot amend your order (but please see your right to cancel an order in paragraph 3.8 below).

    3.4.        At any point up until the contract is made, we may decline to supply a product to you.

    3.5.        While placing the Order, you are required to provide the delivery address to enable us to arrange and schedule the delivery.

    3.6.        By placing an order, you authorize us or our third-party payment processer to process your credit / debit card details for your order.

    3.7.        Purchase invoice will be sent to you electronically to the email address you provided to us.

    3.8.        Please contact us immediately through call and / or e-mail and /or live chat on the site, if you wish to cancel your Order after it has been placed. We will be able to cancel the order only if your cancellation notice is received by us not less than Forty-eight (48) hours prior to the scheduled delivery time.

    3.9.        Acceptance of cancellation of the order shall be at our sole discretion and you agree to accept our decision without any dispute.

    3.10.     Please note that there may be certain orders that we may reject or cancel. If we are unable to accept your order, we will inform you of this in writing or through a call and will not charge you for the product. We reserve the right to refuse or cancel any Order and / or suspend, deactivate, or terminate your account at our sole discretion, for any reason whatsoever. 

    3.11.     Limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any other technical problems faced by us are some situations that may result in the order being cancelled. Additional verifications or information may be requested before accepting any order. We will contact you if all or any portion of your Order is cancelled or if additional information is required to accept your Order.

    3.12.    We are not obligated to provide ingredient information or allergen information on the Website. Further, we do not guarantee that the Products sold by vendors are free of allergens. 

  1. 4.1.        We take due care to describe and show products as accurately as possible. Despite this, products may vary from their descriptions or the images displayed on the Website. Product images are only for the purpose of representation and may vary slightly from the actual product. If there is anything that you do not understand, or if you wish to obtain further information, please contact us through e-mail or message. Descriptions/performances of products stated against each are based on the catalogue and technical literature provided by the manufacturers / agents. It is understood that the write up against each product is as provided by the manufacturers / agents and not ours and is subject to change without prior notice.

    4.2.        If, by mistake, any Product has been under-priced on the Website, we will not be liable to supply that product to you at the stated price. We will notify you before the Products are dispatched to you. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to receive the product at that price. If you decide not to receive the product, we will give you a full refund on any amount already paid for that product in accordance with our refund policy. 

  1. 5.1.        All products advertised are subject to availability or while stocks last (as may be applicable).

    5.2.        We try to ensure that we will always display the full product range and will let you know if the product is out of stock. If for any reasons beyond our reasonable control we are unable to supply a product, we will not be liable to you except to ensure that you are not charged for that product.

    5.3.        In the interests of all our customers, we may place restrictions on bulk buying of some products. We reserve the right at our sole discretion, to limit the quantity per person, per household or per order. The said limitations may be applicable to orders placed by the same account, under the same credit card and also to orders that use the same billing address. We will provide a notification to you should such limits be applied.

  1. 6.1.           Payment Options

    We accept payment by Cash on Delivery (COD), Card on Delivery, Credit / Debit Card.

     

    6.2.           Card Information

    You agree to register with us your personal information like name, e-mail id, mobile and telephone numbers, etc., as well as if required, to provide your personal Credit or Debit card details. You agree and confirm that the card details you provided will be correct and accurate and you shall not use the card which is not lawfully owned by you. You represent that you have valid rights and title in any and all card details that you submit to the online payment facility, and that you have not infringed on any rights over the same belonging to any party and further that you will indemnify us or our affiliates for all claims arising out of any card details that you post on the Online Payment facility. We will not be liable for any card fraud. You would be solely responsible for any liabilities that may arise due to any unauthorised or fraudulent use of the card and the onus to prove otherwise shall be exclusively yours.

     

    6.3.           Liabilities

     

    6.3.1. We cannot accept liability for payments being recorded on the wrong account if you supply inaccurate information.

     

    6.3.2. We cannot accept liability if the payment is refused or declined by your credit/debit card provider for any reason whatsoever.

     

    6.3.3. If your card provider declines the payment, we are under no obligation to bring this fact to your attention. You shall check with your bank/credit/debit card provider that payment has been made and / or deducted from your account.

     

    6.3.4. We cannot accept responsibility and / or liability for any delayed payments.

     

    6.4.           Data Privacy and Confidentiality

     

    6.4.1. The data that you provide while placing orders and / or  during online payment transactions is securely held by us and the e-commerce provider who will process this information on our behalf, and will only be used for the purpose of recording your payment and for accounting processes. Your data will be treated confidentially and with the utmost care and respect. By placing the order you accept these Terms and Conditions and authorise us to use, retain and / or transfer the data within or outside the county for the purpose of processing your transactions.

     

    6.4.2.  You acknowledge and agree that the e-commerce provider may preserve contents and the said information may  be utilized and shared or disclosed with any third party if required to do so by law or in the good faith if such preservation or disclosure is reasonably necessary to:

    a)       comply with legal process, law, regulation, or court order,

    b)      enforce the Terms and Conditions of this agreement,

    c)       respond to claims that any card details violate the rights of third parties,

    d)      respond to your requests for customer service.

     

     

    6.4.3. Any credit or debit card details given by you will not be retained in their entirety. Information will be retained only for a reasonable period and then destroyed securely.

  1. You agree, understand and confirm that the Delivery of the product(s) and / or services that you availed for is based on the Terms and Conditions stated in the issued Order, Delivery Note or Invoice by us to you.

    7.1.           Cost of Delivery

    Delivery Cost will be as displayed to you on our Site.

     

    7.2.           Delivery Areas

    You understand that We offer delivery of products in specific delivery areas. By entering your delivery address on the Website, you will see the areas that we make available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure. 

     

    7.3.           Delivery Time

    We shall deliver the product(s) against your Order to the delivery address provided by you. You may choose for your Order to be delivered as soon as possible or scheduled for a specific time. An estimated delivery date and time will be provided to you in your email confirmation or by mobile messages, but delivery times shall vary depending on factors that are beyond our control e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc. You can view the remaining delivery time of an Order when you click on ‘My orders’ on the Website. You acknowledge that the delivery time we provide is only an estimate and the delivery may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed.

    We will contact you as soon as possible in the event there is any delay in the scheduled delivery date or time due to any reasons and will take necessary steps to minimize the effect of the delay and to rearrange delivery or collection of the product.

     

    7.4.           Delivery will be made to the address specified when you complete the order.

    At point of delivery, identity verification of the Consignee by sighting either an original Identification card, passport, driving license, Emirates ID, Free zone ID to support consignee verification, will be required.

     

    7.5.           Unsuccessful or Failed Deliveries 

    1.5.1. In cases where we attempt to deliver an Order but are unable to do so due to the reasons caused by you, including but not limited to:

     

                                        i.           no one was present or available to receive the delivery; or 

                                       ii.          you were not contactable despite attempts to reach you via the phone number provided; or

                                      iii.          lack of appropriate or sufficient access to deliver the product(s) successfully. 

                                       iv.          lack of a suitable or secure location to leave the product(s); or

                                       v.          If you remain uncontactable or fail to receive the delivery within ten (10) minutes from the time the delivery arrives at the address provided,

    then in such events, we reserve the right to cancel the Order without any remedy to you. 

    1.5.2. Wrong Order, Missing Items, Defective Products 

     

    Upon receipt of the delivery, if you discover that there are issues with the product (e.g. wrong or defective product, or missing items) please send us an e-mail immediately. In some cases, we may request for photographic proof and / or additional information to properly investigate the issue. If we determine that the Products you received are not of satisfactory condition or quality, we will compensate you for the whole or part of the delivery. This decision is at our sole discretion and shall be binding on you. 

  1. If we decide that you are entitled to a refund, we will refund you according to the following criteria:

    8.1.           Refunds for products purchased under a promotional offer will be based on the terms of the promotional price.

    8.2.           Refund settlement will be effected only after due process with the bank is completed.

    8.3.         We will refund the delivery charge in full if you return all products of your order at the same time. If you choose to keep some of the products, we may retain the balance of the delivery charge that applies to the products you keep.

    8.4.           Please keep all items with their complete packaging and inside packaging intact if you intend to return any items within the conditions set out. No exchange or refund will be considered without it.

  1. As a rule, there is no exchange and return on fresh food items once delivered. We do not provide any exchange, return and refund on perishables. However, if it is spoilt at the time of delivery, an exchange may be provided.

  1. The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Website. We reserve the right to investigate and take appropriate legal action against anyone who, at our sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:

    10.1.           Using the Website for any purpose in violation of local, state, or federal laws or regulations.

    10.2.           Posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party.

    10.3.           Posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us at our sole discretion or pursuant to local community standards.

    10.4.           Posting content that constitutes cyber-bullying, as determined by us at our sole discretion.

    10.5.           Posting content that depicts any dangerous, life-threatening, or otherwise risky behaviour.

    10.6.           Posting telephone numbers, street addresses, or names of any person.

    10.7.           Posting URLs to external websites or any form of HTML or programming code.

    10.8.           Posting anything that may be SPAM, as determined by us at our sole discretion.

    10.9.           Impersonating another person when posting content.

    10.10.        Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent.

    10.11.        Allowing any other person or entity to use your identification for posting or viewing comments.

    10.12.        Harassing, threatening, stalking, or abusing any person on the Website.

    10.13.        Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, at our sole discretion, exposes us or any of our customers, suppliers, or any other parties to any liability or detriment of any type; or

    10.14.        Encouraging other people to engage in any prohibited activities as described herein. 

    10.15.        We reserve the right but are not obligated to do any or all of the following:

                                 i.               Investigate an allegation that any content posted on the Website does not conform to these Terms and determine in our sole discretion to remove or request the removal of the content.

                               ii.               Remove the content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms.

                             iii.               Suspend or terminate a user’s access to Website or their account upon any breach of these Terms.

                              iv.               Monitor, edit, or disclose any content on the Website; and

     

                                v.               Edit or delete any content posted on the Website, regardless of whether such content violates these standards.

  1. All trademarks, logos, images, service marks, and all contents displayed on the Website including these Terms and Conditions or in our marketing material, whether registered or unregistered, are our intellectual property rights owned, controlled or licensed by us or our affiliates or by third parties who have authorised / licensed their materials to us and are protected by the applicable laws.

     

    We and our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us / our affiliates. Any use of this Website or its contents, including copying or storing it or them in whole or in part, other than for your own personal, non-commercial use is prohibited without our permission. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify, distribute or re-post anything on and / or from this Website for any purpose without our prior written consent. Access to this Website does not authorize anyone to use any name, logo or mark in any manner whatsoever and shall at all times be at your own risk.

  1. We and / or any of our affiliates, employees, directors, agents or suppliers shall not be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature whether based on warranty, contract, tort or any other legal theory arising out of or in connection with the use of or inability to use the Website, or the online payment facility, any Websites linked to this site, or the materials or information contained at any or all such sites, including without limitation damages for loss of profit, accuracy of results, loss of data, work stoppage, or computer failure and whether or not advised of the possibility of such damages.

    Without prejudice to the generality of the foregoing, our total liability to you for all liabilities arising out of these Terms and Conditions whether in tort or contract is limited to the value of the product ordered by you.

    Our Services and all information, content (including software), materials, products and other services included on or otherwise made available to you through the services as are provided by us on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of our services, or the information, content (including software), materials, products or other services included on or otherwise made available to you through this Website, unless otherwise specified in writing. You expressly agree that your use of our services is at your sole risk.

     

    To the full extent permissible by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that our services, information, content, materials, products (including software) or other services included on or otherwise made available to you through electronic communications sent by us are free of viruses or other harmful components. To the full extent permissible by law, we will not be liable for any damages of any kind arising from the use of any of our services, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any of our services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

  1. You agree and authorise us and our affiliate companies in collecting, using, processing, and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy forms a part of these Terms

  1. You agree to indemnify, defend, hold us harmless from any and all third party claims, liability, damages and / or costs (including but not limited to, legal fees) arising from your use of Website or your breach of these Terms and Conditions

  1. 15.1.           You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer ours rights under these Terms and Conditions to another person.  However, while doing so we shall reasonably safeguard your rights.

    15.2.           Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

     

    15.3.           Except as expressly set out in these Terms and Conditions, all use of your personal information will be made in accordance with our Privacy and Cookies Policy.

  1. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty, disclaimers and liability limitations set forth herein above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect. Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between you and us with respect to the Website /services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Website /services.

  1. If you have any queries about online matters, please contact us. 

  1. These Terms and Conditions shall be governed by and construed in accordance with the federal laws of the United Arab Emirates and the local laws and regulations of Dubai. Any disputes or claims relating in any way to your use of the our Services, or to any products or services sold or distributed by us through the Website will be subject to the exclusive jurisdiction of the Courts of Dubai, United Arab Emirates.

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