TERMS & CONDITIONS OF SALE
1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms & Conditions of Sale.
2. Purchase of Products
2.1 Your compliance: You acknowledge and agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform, as well as any amendments to the aforementioned, issued by Siberian Wellness Co., Ltd. and/or Siberian Heath International LLC. (collectively called “Siberian Wellness”) which is available at th.siberianhealth.com (whether as part of use of the Platform or in relation to the purchase of Products, on behalf of Siberian Heath International LLC), from time to time. Siberian Wellness reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
2.2 Product description: While Siberian Heath International LLC endeavors to provide an accurate description of the Products, neither th.siberianhealth.com nor Siberian Heath International LLC warrants that such description is accurate, current or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which you have ordered, Clause 6 of these Terms & Conditions of Sale shall apply.
2.3 Siberian Heath International LLC s: Products are sold through th.siberianhealth.com by Siberian Wellness Co., Ltd. may be a “Siberian Heath International LLC” for selected Products
2.4 Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the “Place my Order” button. Siberian Wellness Co., Ltd. will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.
2.5 Siberian Wellness Co., Ltd., at its discretion, accept or reject the order and/or the amendment of the order (if any). Siberian Wellness will accept your order by sending an order information to you. Unless otherwise stated, the effective date of purchase agreement is the date on which Siberian Wellness confirms the acceptance of your order. You may cancel or return the products within seven days from the date of receipt of goods. To cancel, mail or hand-deliver a written notice indicating that you wish to cancel your purchase to Siberian Wellness Co., Ltd. A full refund will be made to you within 15 days from the date of the receipt of the notice of cancellation.
2.6 Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by Siberian via the Platform, under the “Specifications” tab in the fields “Warranty Type” and “Warranty Period” for the relevant Product, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, Siberian Heath International LLC excludes (unless expressly prohibited by applicable mandatory law) all other expressed or implied terms, warranties or conditions with respect to the Products supplied.
2.7 Customer’s acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Siberian which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either th.siberianhealth.com or Siberian. You also acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale and Customer Contracts allocate risks between the parties and permit Siberian to provide the Products at lower fees or prices than Siberian otherwise could and you agree that such exclusions on liability are reasonable.
2.8 No representations or warranties: Without prejudice to the generality of the foregoing Clause 2.7;
2.8.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Siberian;
2.8.2 Siberian binds itself only to deliver Products in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Siberian 's opinion in that behalf. Neither th.siberianhealth.com nor COMPANY gives any warranty as to the quality, state, condition or fitness of the Products;
2.8.3 th.siberianhealth.com shall be under no liability for the following measures and actions taken by the Customer or third parties and the consequences thereof: improper remedy of defects, alteration of the Products without the prior agreement of th.siberianhealth.com, addition and insertion of parts, in particular of spare parts which do not come from th.siberianhealth.com/a>;
2.8.4 Siberian LLC is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without th.siberianhealth.com’s prior written approval and the Customer shall indemnify Siberian Heath International LLC against all Losses arising out of such claims;
2.8.5 Siberian LLC shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any.
2.9 Intellectual Property:
2.9.1 Unless the prior written consent of th.siberianhealth.com has been obtained, the Customer shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products.
2.9.2 Where software applications, drivers or other computer programs and/or all other design details, technical handbooks or manuals, drawing or other data (all collectively referred to as “Product Materials”) are supplied to the Customer by Siberian in connection with the Order, the use and retention of the Product Materials are subject to the terms and conditions of license or use (such as end-user licenses, restrictions or conditions of use) as may be prescribed Siberian or its licensors and must not be used other than strictly in accordance with such terms and conditions.
2.9.3 The Customer agrees and acknowledges that the Product Materials shall remain the property of Siberian Heath International LLC or its licensors. The Customer further agrees that any and all Intellectual Property embodied in or relating to the Product Materials shall remain the sole and exclusive property of Siberian Heath International LLC or its licensors. Unless otherwise expressly provided in the Order or the prior written consent of th.siberianhealth.com has been obtained, the Customer undertakes to return the Product Materials and/or any copies thereof upon th.siberianhealth.com’s request.
3. Delivery of Products
Please see the Terms and Conditions of the Delivery Services.
4. Prices of Products
4.1 Price: The price of the Products payable by a Customer shall be the Price at the time at which the Order placed by the Customer (through the Platform).
4.2 Taxes: All Prices are subject to taxes under the law of Thailand, unless otherwise stated. Company reserves the right to amend the Prices at any time and that will be publish on Siberian’s website without prior notice.
5. Payment
5.1 General: You may pay for the Product using any of the payment methods prescribed by https://th.siberianhealth.com/th-en/page/payment/ from time to time. All payments shall only be made via payment methods provided on the Platform.
5.2 Additional terms: The payment methods may be subject to additional terms as prescribed by https://th.siberianhealth.com/th-en/page/payment/ from time to time.
5.3 Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Siberian or any of its agents (which may include https://th.siberianhealth.comth.siberianhealth.com), for any failure, disruption or error in connection with your chosen payment method. th.siberianhealth.com reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
5.4 Please see below
5.5 Invoicing: Siberian and/or logistics carrier may invoice you upon the due date of any payment under a Customer Contract.
5.6 Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Siberian, who shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.
5.7 Refund of Payment:
(a) All refunds shall be processed, to the person who made the original payment via an approved payment method, through th.siberianhealth.com Account. The refund amount can be withdrawn from the th.siberianhealth.com Account balance, by following the instructions set out in here.
(c) All refunds are conditional upon our acceptance of a valid return of the Product.
(d) We reserve the right to modify the mechanism of processing refunds at any time without notice.
6. Returns
6.1 Return Policy: All returns must be done in accordance with the instructions set out in the Return Policy at https://th.siberianhealth.com/th-en/return_policy/
6.2 Permitted returns: Subject to Clause 6.1, within 7 days from the date of delivery of the Product, depend on the information display with the Product, you may return a Product when you:
6.2.1 receive a product that is fundamentally different in nature from the Product specified in the Customer Contract; or
6.2.2 receive a faulty or damaged Product.
6.3 When th.siberianhealth.com has provided the Customer a refund, the non-conforming Products or parts thereof shall become Siberian’s property and upon request such Products or parts thereof should be shipped back to Siberian at Customer’s cost.
7. Questions and complaints
If you have any questions or complaints, please contact th.siberianhealth.com using the “Contact Us” page on the Platform. th.siberianhealth.com will liaise with Siberian on your questions and complaints.
8. Termination
8.1 Cancellation by you: You may cancel the Customer Contract before Siberian dispatches the Products under such Customer Contract by written notice to th.siberianhealth.com.
8.2 Cancellation by Siberian: Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale, Siberian, or th.siberianhealth.com acting on Siberian’s behalf, may stop any Products in transit, suspend further deliveries to the Customer and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:
8.2.1 the Products under the Customer Contract being unavailable for any reason;
8.2.2 the Customer being in breach of an obligation under the Customer Contract;8.2.3 the Customer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer’s winding up or dissolution.
9. Risk and property of the Goods
9.1 Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery.
9.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Customer until th.siberianhealth.com has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Siberian to the Customer for which payment is then due.
9.3 Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as Siberian's fiduciary agent and bailee and shall keep the Goods separate from those of the Customer.
9.4 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Siberian but if the Customer does so all moneys owing by the Customer to Siberian shall (without prejudice to any other right or remedy of Siberian) forthwith become due and payable.
9.5 If the provisions in this Condition 9 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Customer shall take all steps necessary to give effect to the same.
9.6 The Customer shall indemnify Siberian against all loss damages costs expenses and legal fees incurred by the Customer in connection with the assertion and enforcement of Siberian 's rights under this condition.
10. Limitation of liability
10.1 Sole remedies of customer: the remedies set out in clause 6 are the Customer’s sole and exclusive remedies for non-conformity of or defects in the products.
10.2 Maximum liability: notwithstanding any other provision of these Terms & Conditions of Sale, Siberian’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Customer contract, will not exceed the sums that you have paid to Company under such Customer contract.
10.3 Exclusion of liability: th.siberianhealth.com indemnitees shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(i) amounts due from other users of the platform in connection with the purchase of any product;
(ii) the sale of the products to you, or its use or resale by you; and
(iii) any defect arising from fair wear and tear, wilful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the products or failure to comply with Siberian’s instructions on the use of the products (whether oral or written)
11. General
11.1 References to “th.siberianhealth.com”: References to “th.siberianhealth.com” in these Terms and Conditions of Sale apply both to th.siberianhealth.com’s actions on its own behalf as Siberian and/or as the operator of the Platform in respect of each and every Customer Contract.
11.2 Cumulative rights and remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale and Siberian’s rights and remedies under these Terms & Conditions of Sale are cumulative and are without prejudice and in addition to any rights or remedies Siberian may have in law or in equity, and no exercise by Siberian of any one right or remedy under these Terms & Conditions of Sale, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale or at law or in equity) operate so as to hinder or prevent Siberian’s exercise of any other such right or remedy as at law or in equity.
11.3 No waiver: Siberian’s failure to enforce these Terms & Conditions of Sale shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms & Conditions of Sale. Siberian would still be entitled to use its rights and remedies in any other situation where you breach these Terms & Conditions of Sale.
11.4 Severability: If at any time any provision of these Terms & Conditions of Sale shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms & Conditions of Sale.
11.5 Governing law: These Terms & Conditions of Sale shall be governed by, and construed in accordance with the laws of Thailand and you hereby submit to the exclusive jurisdiction of the Courts of Thailand.
11.6 Except as provided for in Clause 11.4, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof may be settled by arbitration in accordance with the Rules for Arbitration of the Thai Arbitration Institute (TAI). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the TAI. The place of arbitration shall be Bangkok. Any award by the arbitration tribunal shall be final and binding upon the parties.
11.7 Injunctive relief: Siberian may seek immediate injunctive relief if Siberian makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
11.8 Amendments: Siberian may by notice issued jointly with th.siberianhealth.com through the Platform or by such other method of notification as Siberian may designate solely through th.siberianhealth.com (which may include notification by way of e-mail), vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Siberian specifies through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms & Conditions of Sale. Siberian’s right to vary these Terms & Conditions of Sale in the manner aforesaid will be exercised with the joint involvement of th.siberianhealth.com (either via the Portal or such other means as th.siberianhealth.com prescribes) and subject to the foregoing, may be exercised without the consent of any person or entity who is not a party to these Terms & Conditions of Sale. The version of Terms & Conditions of Sale applicable to any particular Order is the latest version in force.
11.9 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Siberian’s part shall be subject to correction without any liability on Siberian.
11.10 Currency: Money references under these Terms & Conditions of Sale shall be in Thailand Baht.
11.11 Language: In the event that these Terms & Conditions of Sale is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms & Conditions of Sale shall govern and shall take precedence over the Foreign Language Version.
11.12 Entire agreement: These Terms & Conditions of Sale shall constitute the entire agreement between you and Siberian Heath International LLC 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.
11.13 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by Siberian or its service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between Siberian and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely 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.
11.14 Subcontracting and delegation: th.siberianhealth.com reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms & Conditions of Sale and reserves the right to use any service providers, subcontractors and/or agents on such terms as th.siberianhealth.com deems appropriate.
11.15 Assignment: You may not assign your rights under these Terms & Conditions of Sale without Siberian’s prior written consent. Siberian may assign its rights under these Terms & Conditions of Sale to any third party.
11.16 Force Majeure: Neither th.siberianhealth.com nor Siberian shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms & Conditions of Sale (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond th.siberianhealth.com’s or Siberian’s reasonable control.
Schedule 1
Definitions and Interpretation
1. Definitions. Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms of Use:
1.1 “Business Day” means a day (excluding Saturdays, Sundays and public holidays) on which banks generally are open for business in Thailand.
1.2 “Customer” means an authorized user of the Platform and/or the Services.
1.3 “Customer Contract” shall be as defined in Clause 2.6.
1.4 “Intellectual Property” means all copyright, patents, utility innovations, trade marks 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.
1.5 “https://th.siberianhealth.com Indemnitees” means th.siberianhealth.com and all of its respective officers, employees, directors, agents, contractors and assigns.
1.6 “th.siberianhealth.com” refers to th.siberianhealth.com Ltd., a company incorporated pursuant to the laws of Thailand under registration number 0145564000179. Siberian Wellness Co., Ltd. – 37/84 First Floor, Room no. 1, Moo 15, Soi Erawan 36, Erawan 1 Road, Khlong Song, Khlong Luang, Pathum Thani 12120.
1.7 “Price” means the price of Products listed for sale to Customers, as stated on the Platform.
1.8 “Losses” means all losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.
1.9 “Order” means your order for Products sent through the Platform in accordance with the Terms & Conditions of Sale.
1.10 “Password” refers to the valid password that a Customer who has an account with th.siberianhealth.com may use in conjunction with the Username to access the relevant Platform and/or Services.
1.11 “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.
1.12 “Platform” means (a) both the web and mobile versions of the website operated and/or owned by th.siberianhealth.com which is presently located at the following URL: th.siberianhealth.com; and (b) the mobile applications made available from time to time by th.siberianhealth.com, including the iOS and Android versions.
1.13 “Product” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.
1.14 “Product Warranty” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.
1.15 “Return Policy” means the return policy set out at https://th.siberianhealth.com/th-en/return_policy/.
1.16 “Siberian Heath International LLC” means a Siberian Heath International LLC Products as described in Clause 2.3, and includes a Third Party Vendor.
1.17 “Services” means services, information and functions made available by COMPANY on the Platform.
1.18 “Terms & Conditions of Sale” means Clauses 1 to 11 and any Schedules to these terms and conditions.
1.19 “Terms of Use” means the terms and conditions governing the Customer’s use of the Platform and/or Services and are set out at th.siberianhealth.com.
1.20 “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.
1.21 “Username” refers to the unique login identification name or code which identifies a Customer who has an account with th.siberianhealth.com.
1.22 “you” and “your” refer to the individuals over the age of 20 or otherwise under the supervision of a parent or legal guardian.
2. Interpretation: Any reference in these Terms & Conditions of Sale to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In these Terms & Conditions of Sale, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms & Conditions of Sale. In the event of a conflict or inconsistency between any two or more provisions under these Terms & Conditions of Sale, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of th.siberianhealth.com and the provision which is more favourable to th.siberianhealth.com shall prevail.