By entering into this Term and Conditions of Delivery Services ("Delivery Terms"), you (“Customer”, “you”, "your") represent that you are an adult of at least 20 years of age or have obtained the relevant consent from your parent or legal guardian, capable of validly entering into agreements and performing your obligations hereunder. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THESE DELIVERY TERMS, AND ALL POLICIES OF THE PLATFORM ARE INCORPORATED BY REFERENCE.
If you are below 20 years old, you must obtain you must obtain consent from your parent or legal guardian, their acceptance of these Delivery Terms, and their agreement associated with your use of the Delivery services for the Goods you purchase on the Platform.
These Delivery Terms shall be effective from 31 October 2021 and shall apply where https://www.siberianhealth.com is engaged to provide the Delivery services for Goods you purchase from the Platform.
We reserves the right to notify you from time to time of changes to the terms and conditions of this Delivery Terms.
1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Delivery Terms.
2. Delivery Services Engagement
2.1 Your Agreement: You agree to be bound by these Delivery Terms, as well as any guidelines, notices, operating rules, policies and instructions, pertaining to the Delivery of Goods purchased by you on the Platform. We may revise these Delivery Terms, or any guidelines, notices, operating rules, policies and instructions at any time, and you are deemed to be aware of and bound by such changes upon their publication on the Platform. Your continued use of the Delivery services after the effective date of these Delivery Terms, or any revision to these Delivery Terms or any guidelines, notices, operating rules, policies and instructions, constitutes your acceptance and agreement to be bound by such terms.
2.2 Scope of Delivery: These Delivery Terms apply to the following services which we may provide in respect of the Goods purchased by you on the Platform (collectively, the “Delivery”), including: (i) doorstep delivery; (ii) delivery to Collection Points; and (iii) pick up or collection of returns.
2.3 Service-specific Policies and Restrictions: We may publish policies and rules governing any of the Delivery on the Platform at any time. By continuing to use a Delivery service, you agree to be bound by the policies and rules relating to the Delivery services. We may, at our discretion, restrict the shipping routes and destinations for the Delivery from time to time, provided that, we will use commercially reasonable efforts to complete the Delivery in respect of any Parcels which are in our custody or possession at the time of introduction or change of such restrictions.
3. Delivery of Goods
3.1 Address: Delivery of the Goods shall be made to the address you specify in your Order, but not necessarily to the named receiver personally. We will make no more than 2 delivery attempts to the address specified in the Order.
3.2 Shipping Fees: Shipping fees shall be as set out in the Order. Unless otherwise specified, the shipping fees shall be based on the chargeable weight and dimensions of the Goods as specified by the Siberian Health International LLC (hereinafter referred as a COMPANY) as at the time of the - of the Goods on the Platform, and calculated according to the shipping fee rate card published by us from time to time.
3.3 Tracking: You may track the status of the Delivery at the ‘Track My Order’ page by Third Party Engine
3.4 Delivery Timeframe: Delivery of the Goods is subject to various factors, including the availability of the Goods and timeliness of the COMPANY’s dispatch of the Goods. We will take reasonable commercial efforts to deliver the Goods according to our regular delivery schedules. All Delivery timeframes given are estimates only and do not form a part of these Delivery Terms. We shall not be liable for any delay in the Delivery howsoever caused.
3.5 Deemed Receipt: In the event you do not receive the Goods by the projected Delivery date, you must inform https://www.siberianhealth.com/within 3 days after such projected Delivery date through the available modes of contact on the Platform. If https://www.siberianhealth.com/does not hear from you within 3 days from such projected Delivery date, you shall be deemed to have received the Goods.
3.6 Failure to Take Delivery: If you refuse or fail to take Delivery of the Goods (otherwise than by reason of any cause beyond your reasonable control or the COMPANY’s fault), or to pay the full amount of the Cash-on-Delivery for the Order, then without prejudice to any other right or remedy available to COMPANY, the Order and Delivery may be cancelled.
4. Payment
4.1 General: You may pay for the Shipping Fee using any of the payment methods prescribed by https://www.siberianhealth.com/ from time to time. When you place an Order, actual payment of the Shipping Fee payable to LEL, will be only charged upon COMPANY’s acceptance of your Order. Where cash-on-delivery is selected, you agree and allow us to collect payments from you on behalf of the COMPANY.
4.2 Payment Methods: You agree that you are subject to the applicable user agreement of your payment method, which may be published on the Platform. You may not claim against COMPANY, or https://www.siberianhealth.com/ for any failure, disruption or error in connection with your chosen payment method, except where such error is due to fraud or misconduct by the COMPANY, or https://www.siberianhealth.com/.
4.3 Invoicing: If you require an electronic invoice/receipt for the Delivery, please contact us through the authorized channels of communication on the Platform – namely, e-mail.
4.4 Failure to Pay: If you fail to make or complete any payment pursuant to the terms and conditions of the payment method elected, or payment is cancelled for any reason whatsoever, without prejudice to any other right or remedy available to us, we are entitled to cancel or suspend Delivery of the Goods until the Goods price and the Shipping Fee per the Order is paid in full.
4.5 Claims:
(a) Subject to the applicable terms and conditions and policies on the Platform and our acceptance of the claim at our sole discretion, refunds of Shipping Fee may be made in the following cases:
- Failed Delivery
- Returns
- Loss and damage of Goods during the Delivery
- Undeliverable Goods
(b) Claims are limited to one per Delivery. Any refund of Shipping Fee made pursuant to such Claim shall be full and final settlement for our liability in respect of the Delivery.
(c) All refunds of Shipping Fees shall be processed, to the person who made the original payment via an approved payment method or through the https://www.siberianhealth.com/Wallet (as deemed appropriate by us from time to time). The processing of refunds may take time, and we offer no guarantee of any nature for the timeliness of the refunds reaching your account. We reserve the right to modify the mechanism of processing refunds at any time without notice.
(d) You may only raise a claim pursuant to this section through the authorized channels of communication on the Platform – namely, the Live Chat function. We reserve the right to reject any claims raised through other channels of communication.
5. Taxes
5.1 You shall be responsible for all applicable taxes payable in respect of the Shipping Fee.
5.2 If you are required under the applicable law to deduct or withhold any tax imposed on any amount payable to us, you shall make such withholding as required and pay the net amount to us. Unless you provide us with the original withholding tax certificate, you agree that you will not be entitled to any refund of withholding tax credit.
6. Undeliverable Goods
6.1 Undeliverable Goods: We reserve the right to cancel the Order and Delivery without prior notice to you if the Goods are deemed undeliverable in the following circumstances (“Undeliverable Goods”):
(a) the customs declaration is not in compliance with the applicable customs regulations, or the applicable duties and taxes on the Goods have not been paid in full;
(b) it contains counterfeit goods, or illegal items such as ivory or narcotics;
(c) it contains goods which require special handling or which are subject to transportation restrictions, such as refrigerated food, animals (whether live or not), animal body parts or biological parts, restricted plants, bullion, currency, gem stones; weapons, explosives and ammunition, or human remains;
(d) it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods) or other relevant organization;
(e) delivery of the Goods to you will result in an actual or potential breach of any sanction as set forth by the United Nations or any other applicable international organization, the country of origin, country of destination and any transit country;
(f) the receipt of the Goods is subject to a legal or regulatory requirement or condition which the named receiver in the Order or the person purporting to take actual receipt of the Goods during delivery, in our reasonable discretion, does not comply with; and
(g) its address is incorrect or not properly marked.
6.2 Inspection: We may inspect the Goods (including the opening of any sealed package or parcel), and we shall not be responsible for any delay or damage caused as a result of such inspection, provided that we shall take reasonable care in inspecting the Goods.
6.3 Indemnity: You shall indemnify us and https://www.siberianhealth.com/against any loss, damage, fines and expenses, in connection with any Order containing Undeliverable Goods.
6.4 Disposal: We may, without notice to you and without any liability to you, abandon, store or dispose of any Undeliverable Goods in any manner we deem appropriate.
7. Returns
7.1 Return Policy: All returns must be done in accordance with the instructions set out in the Return Policy on the Platform. We are not obliged to handle any return unless the Return Policy has been complied with.
7.2 Property: When refunded, the non-conforming Goods or parts thereof shall become COMPANY’s property and upon request such Goods, Parcel or parts thereof must be shipped back to COMPANY. Unless otherwise stated in the Return Policy, you agree that we are authorized to collect the Goods to be returned to the COMPANY from you.
8. Termination
8.1 Cancellation By You: If the Goods have already been dispatched by the COMPANY, you may not cancel the Order and Delivery. If you do not wish to accept the Goods in the Order, you may initiate a return in accordance with the Return Policy.
8.2 Cancellation by COMPANY: Without prejudice to any other right of termination, we may, on our accord or acting at https://www.siberianhealth.com/’s or the COMPANY’s direction, stop or suspend any Delivery (whether dispatched or otherwise) by notifying you, if:
(a) the Goods under the Order being unavailable for any reason;
(b) you are in breach of an obligation under these Delivery Terms, or any applicable terms or policies in respect of your use of the Platform or with respect to the Order;
(c) we are made aware of your insolvency or bankruptcy.
8.3 Termination of Use of Platform: We reserve the right to cancel any Delivery or terminate the provision of any further Delivery to you if you terminate your use of the Platform, or if your use of the Platform is terminated or refused by https://www.siberianhealth.com/for any reason whatsoever.
9. Risk of the Goods
9.1 Risk of damage to or loss of the Goods shall pass to you at the time of your actual or deemed receipt of the Goods (whether or not you have the legal right to receive such Goods).
9.2 You agree that you will not accept the Delivery of Goods which do not form part of your Order. If there is any claim, process or proceeding required by us, https://www.siberianhealth.com/or the COMPANY to recover wrongfully received Goods from you, all loss and expense associated with such claim, process or proceeding will be borne by you.
10. Notices
All notices and communications from us or https://www.siberianhealth.com/shall be by way of the official channels of contact available on the Platform only, namely through the https://www.siberianhealth.com/APP, Live Chat or an authorized email from our Customer Care officers. If required to perform the Delivery of the Goods, you agree that we may also contact you through the contact details provided in the Order.
11. Access to Tools
11.1 Access to Tools or Services: We may provide you with access to tools or services to track or manage the Delivery of the Goods. Where access to such tools or services are provided to you, you agree that you shall use the tools and services only for the purpose of tracking or managing the Delivery of the Goods, and shall abide by any other terms of use which may be prescribed by us from time to time.
11.2 Unauthorized Access: You are responsible for the management of access to your Platform account and the access to the tools or services for the tracking or management of the Delivery of your goods. You may not dispute any action carried out under the access of your Platform account or your access of the tools or services provided by us, unless we have been given advance written notice of unauthorized access.
11.3 Intellectual Property Rights: The provision of any Delivery, or the grant of access to any tools or services associated with such Delivery, to you does not confer you with any ownership, license or other right to the intellectual property rights in such tool or service.
11.4 Disclaimer: The tools and services provided by us for the tracking and management of the Delivery of the Goods are provided on an “as is” basis, and we make no representation or warranty of any kind that such tools or services will be available, uninterrupted, error-free or free of harmful components, or that any material or data which you access or use will be secure or accurate. Any link found on any tool or service provided by us is for your convenience only too provide further information; we take no responsibility for the content found on any external link.
12. Data Privacy and Protection
You agree that the terms of the Privacy Policy published on the Platform shall apply to any Personal Data you provide to us in relation to your use of our Delivery. You agree that all rights and obligations in the Privacy Policy published on the Platform (as may be updated from time to time) shall be enforceable as if incorporated in these Delivery Terms.
13. General
13.1 Sub-contracting: We may delegate or sub-contract any part of the Delivery to our third party service providers on terms as we deem appropriate.
13.2 No Waiver: Our failure or delay in enforcing any part of these Delivery Terms shall not constitute a waiver of our rights hereunder.
13.3 Severability: If at any time any provision of these Delivery Terms is or becomes illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Delivery Terms shall not be affected or impaired, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Delivery Terms.
13.4 Third Parties: A person who is not a party to these Delivery Terms shall have no right to enforce these Delivery Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
13.5 Assignment: You may not assign your rights under these Delivery Terms without our prior written consent. We may assign its rights under these Delivery Terms to any third party.
13.6 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on your part shall be subject to correction without any liability on your part.
13.7 Language: In the event that these Delivery Terms are translated in any language other than English, the English language version of these Delivery Terms shall prevail.
13.8 Entire Agreement: These Delivery Terms shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
13.9 Conclusive Communications: You acknowledge and agree that any records (including records of any telephone conversations relating to the Delivery, if any) maintained by https://www.siberianhealth.com/, COMPANY or its service providers relating to or in connection with the Delivery shall be binding and conclusive on you for all purposes whatsoever, and shall be conclusive evidence of any information and/or data transmitted between https://www.siberianhealth.com/, you and us You hereby agree that all such records are admissible in evidence, and you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
13.10 Governing Law: The Delivery Terms shall be governed by, and construed in accordance with the laws of Thailand and you hereby submit to the exclusive jurisdiction of the Court of Thailand.
Schedule 1
Definitions and Interpretation
“Collection Points” means https://www.siberianhealth.com/’s designated stations from which the Customer may collect his/her Parcels.
“Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
“https://www.siberianhealth.com/” refers to https://www.siberianhealth.com/ Ltd., a company incorporated pursuant to the laws of Thailand under registration number 0145564000179. Siberian Wellness Co., Ltd. – 244/320 Moo 4, Tambon Phayom, Wang Noi 13170, Phra Nakhon Si Ayutthaya.
“we” “our” and “us” refers to https://www.siberianhealth.com/Ltd., a company incorporated pursuant to the laws of Thailand under registration number 0145564000179. Siberian Wellness Co., Ltd
“Order” means your order for the Goods, which has been accepted by the COMPANY, placed on the Platform in accordance with the Delivery Terms.
“Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information.
“Platform” means (a) both the web and mobile versions of the website operated and/or owned by https://www.siberianhealth.com/which is presently located at the following URL: www.https://www.siberianhealth.com/.com; and (b) the mobile applications made available from time to time by https://www.siberianhealth.com/, including the iOS and Android versions.
“Privacy Policy” means the privacy policy set out at www.siberianhealth.com.
“Goods” means a merchandise available for purchase on the Platform.
“Return Policy” means the return policy set out at www.siberianhealth.com.
“COMPANY” means a Siberian Health International LLC of Goods.
