TERMS OF SALE
BACKGROUND
These Terms of Sale, together with any and all other documents referred to, set out the terms under which Products are sold to our customers through the TORBOON website, www.torboon.co. Please read these Terms of Sale carefully and ensure that you understand them before ordering any Products from our site. You will be required to read and accept these Terms of Sale before you confirm your order. If you do not agree to accept these Terms of Sale, you will not be able to order Products through our site.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of Products, as explained in Clause 7;
“Products” means the products sold by Us through Our Site;
“Order” means your order for Products;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means By Boon Companion Co., Ltd. TORBOON (Company Registration No. 0105547145997) with its registered office at 1 Nimanhemin Road, Tambol Suthep, Amphur Muang Chiangmai, Chiangmai 50200, Thailand.
2. Information About Us
2.1 Our Site, www.torboon.co, is owned and operated by By Boon Companion Co., Ltd. (Company Registration No. 0105547145997) with its registered office at 1 Nimanhemin Road, Tambol Suthep, Amphur Muang Chiangmai, Chiangmai 50200, Thailand.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Site is subject to our Terms of Use. Please ensure that you have read them carefully and that you understand them.
4. Resale Customers
4.1 These Terms of Sale do not apply to our global resale partners purchasing Products in the course of business. Resales will be governed by separate terms and conditions as agreed upon by both parties.
5. Shipping and Import Charges
5.1 For all countries, the initial shipping costs will be calculated at the check-out point of purchase by zoning/country. For other costs such as customs and duty charges in the purchaser’s port, is not included in our retail price.
5.2 Shipping and return policy, as well as Our services for repairs and return of Products, please go to Shipping and Return Policy terms.
6. Products, Pricing and Availability
6.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Products available from TORBOON correspond to the actual Products. Please note, however, the following:
6.1.1 Images of Products are for illustrative purposes only. There may be slight variations in color between the image of a Product and the actual Product sold due to differences in computer displays and lighting conditions;
6.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Products may vary.
6.1.3 Due to the nature of the Products sold through Our Site, there may be variance in the size, capacity, dimensions, measurements, or weight, of those Products between the actual Products and the description.
6.2 Where appropriate, you may be required to select the required size, model, or color, or other parameters of the Products that you are purchasing.
6.3 Please refer to Clause 10 if you receive incorrect Products (i.e. Products that are not as described).
6.4 We cannot guarantee that Products will always be available. Stock indications are may be provided on Our Site, however such indications may not be accurate at the time that you place your Order.
6.5 Minor changes may, from time to time, be made to certain Products between your Order being placed and Us processing that Order and dispatching the Products, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Products and will not normally affect your use of those Products. However, if any change is made that would affect your use of the Products, suitable information will be provided to you.
6.6 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.
6.7 In the event that a product is listed at an incorrect price, whether due to typographical error, an unauthorized addition or deletion, or for some other reason, We reserve the right to refuse or cancel orders placed at that price, even if you have already been charged for the Order. However, if the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, TORBOON will give you the option to purchase the Product at the correct price or to cancel your Order (or the affected part of your Order).
6.8 If you have already been charged for a purchase and your Order is cancelled, We will issue a full refund to the method of payment used when placing the Order.
6.9 In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, We will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Products at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 48 hours, We will treat your Order as cancelled and notify you of this in writing.
7. Orders – How Contracts Are Formed
7.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
7.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
7.3 These Terms of Service apply when we send you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
7.4 Order Confirmations shall contain the following information:
7.4.1 Your Order Number;
7.4.2 Confirmation of the Products ordered including full details of the main characteristics of those Products;
7.4.3 Fully itemized pricing for the Products ordered;
7.4.4 Estimated delivery date(s);
7.5 We will also include a paper copy of the Order Confirmation with your Products.
7.6 In the unlikely event that We do not accept or cannot fulfill your Order for any reason, We will explain why in writing. If We have taken payment, any such sums will be refunded to you within 30 calendar days.
7.7 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Products.
8. Payment
8.1 Payment for Products must always be made in advance, according to the prompts of the ordering software.
8.2 We can only accept payments made via PayPal.
9. Delivery, Risk and Ownership
9.1 All Products purchased through Our Site will normally be delivered within 15 working days (not included Saturday, Sunday and major public holiday) after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control; see Clause 13).
9.2 We will have the Post Office of Thailand as a courier agent, in an express service for the delivery of all Orders. Once your Order has been shipped, you will receive a tracking number and a direct link to your courier’s tracking webpage.
9.3 We are responsible for all Products until they are received by the purchaser. All Products will be insured against loss and accidental damage during shipping.
9.3.1 If, because of an incorrect address or delivery instructions, our courier is unable to arrange delivery within 15 days, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Products. If this happens, you will be refunded the purchase price of the Products, only 30% of the paid amount.
9.4 In the unlikely event that We fail to deliver the Products within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 9.1), if any of the following apply you may treat the Contract as being at an end immediately:
9.4.1 We have refused to deliver your Products; or
9.4.2 In light of all relevant circumstances, delivery within that time period was essential; or
9.4.3 You told Us when ordering the Products that delivery within that time period was essential.
9.5 If you do not wish to cancel under sub-Clause 9.4 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
9.6 You may cancel all or part of your Order if TORBOON fails to deliver your Products within 30 days of our order confirmation. Any sums that you have already paid for cancelled Products and their delivery will be refunded to you within 14 calendar days.
9.7 Any refunds due under this clause will be made using the same payment method that you used when ordering the Products.
10. Faulty, Damaged or Incorrect Products
10.1 Please check your purchase upon receipt. If there is damage to the shipping box, please take a picture of the unopened box to share with Us in the event that your Product(s) has/have also been damaged.
10.2 If any of the Products you have purchased have faults or are damaged when you receive them, or if you receive Products other than those you ordered, please contact Us within seven (7) calendar days to inform Us of the fault, damage or error, and we shall, at our sole discretion, either repair or replace the Products. We will calculate any associated costs, such as seller’s port import tax and return shipping cost, and will discuss to carry out the repair or replacement within a reasonable time. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you an alternative (i.e. a replacement instead of a repair or vice versa) or a full refund.
10.3 Please note that you will not be eligible to claim under this clause if We informed you of the fault(s), damage or other problems with the Products before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Products for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Products for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.
10.4 To return Products to Us for any reason under this clause, please contact Us to arrange for a collection and return.
10.5 Refunds under this clause will be issued within 14 calendar days after we receive the item and verify that you are entitled to the refund.
10.6 Refunds under this clause will be made using the same payment method that you used when ordering the Products.
10.7 All TORBOON products, accompanied by the given guarantee card, come with a warranty period of 2 years. During this time, damage resulting from a manufacturing defect can be reported to us for repair. This includes damage to main functions such as handles, buckles, and hardware. Wear from normal or excessive use is excluded from the warranty. We will respond to you as soon as possible, typically within 3 business days, with further consultation before shipping the damaged bag for repair. Please note that TORBOON does not cover shipping and handling costs for product repair. Registration via email is only required for offline purchases in order for us to maintain records.
11. Cancelling and Returning Products if You Change Your Mind
11.1 You may cancel the Contract for any reason within seven (7) calendar days of your receipt of the Products.
11.2 If you wish to exercise your right to cancel under this Clause (11), you must inform Us of your decision within the period specified in Clause 11.1. Please send your cancellation notice to Us by email, info@torboon.co, or via Our Contact Page. Cancellation email must include your name, address, email address, telephone number, and Order Number. Please note that the return shipping cost will be on the purchaser side. In addition, seller’s port of import tax will be also on purchaser side if any.
11.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Products and services.
11.4 Please note that you may not cancel under this Clause (11) in the following circumstances:
11.4.1 If the Products have been worn, washed, altered, damaged or used in any way;
11.4.2 If any tags or labels have been removed;
11.4.3 If the Products are sealed for health or hygiene reasons and you have unsealed those Products after receiving them;
11.4.4 If the Products have been personalized or custom-made for you. However, personalized or custom-made Products are still eligible for return or repair if they are faulty, damaged or incorrect (see Clause 10, above).
11.5 Please ensure that you return Products to Us with the undamaged original packaging no more than 7 calendar days after the day on which you have informed Us that you wish to cancel under this Clause (11).
11.6 You may return Products to Us or our retail partners in person during Our business hours or you may return them by post or another suitable delivery service of your choice. Please note that Customers must bear the costs of returning Products to Us if cancelling under this Clause (11). We strongly encourage use of a return shipping vendor which will provide a tracking number and insurance to cover loss or damage of the returned item.
11.7 Refunds under this Clause (11) will be issued to you within 30 calendar days of the following:
11.7.1 The day on which We receive the Products back; or
11.7.2 If We have not yet dispatched the Products, the day on which you inform Us that you wish to cancel the Contract.
11.8 Refunds under this Clause (11) may be reduced for seller’s port of import tax, for any diminished value in the Products resulting from damage or loss suffered during return shipping.
11.9 Refunds under this Clause (11) will be made using the same payment method that you used when ordering the Products [unless you specifically request that We make a refund using a different method].
12. Our Liability to Consumers
12.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
12.2 We only supply Products for domestic and private use by consumers. We make no warranty or representation that the Products are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
13. Events Outside of Our Control (Force Majeure)
13.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
13.2 If any event described under this Clause (13) occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
13.2.1 We will inform you as soon as is reasonably possible;
13.2.2 We will take all reasonable steps to minimize the delay;
13.2.3 To the extent that we cannot minimize the delay, Our affected obligations under these Terms of Sale will be suspended and any time limits that We are bound by will be extended accordingly;
13.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Products as necessary;
13.2.5 If the event outside of Our control continues for more than 30 calendar days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 30 calendar days of the date on which the Contract is cancelled;
14. How We Use Your Personal Information (Data Protection)
14.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance the provisions of this Clause (14).
14.2 We may use your personal information to:
14.2.1 Provide Our Products and services to you;
14.2.2 Process your Order (including payment) for the Products; and
14.2.3 Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
14.3 We will not pass on your personal information to any third parties without first obtaining your express permission.
15. Other Important Terms
15.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
15.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
15.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
15.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
15.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
15.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Products you have already received and we will arrange for a full refund which will be paid within 30 calendar days of your cancellation.
16. Law and Jurisdiction
16.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, Thai law.
16.2 Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Thailand.