CUSTOMER TERMS AND CONDITIONS OF SALE
These Customer Terms and Conditions of Sale (together with the documents referred to on it) (terms and conditions) tells you the terms and conditions on which we supply any of the products (Products) listed on our website https://www.siamsmartphone.com (our website) to you. These terms and conditions do not cover the sale of our Products by third parties to you.
Please read these terms and conditions carefully and understand them, before ordering any Products from our website. You should understand that by ordering any of our Products, you accept these terms and conditions. If you refuse to accept these terms and conditions, you will not be able to order any Products from our website. You may print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
We operate the website https://www.siamsmartphone.com. We are CRBT Siam Mobile INC (US) a company registered in the United States.202 4320 Windor Centre trail, Flower Mound,Texas 75028 USA.
2. SERVICE AVAILABILITY
We do not accept orders from addresses outside the United States. A universal delivery supplier administers the handling, traditions leeway, and global shipment of the item.
3. YOUR STATUS
By placing an order through our website, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old;
(c) you are resident in the United States;
(d) you are accessing our website from the United States; and
(e) you are a private individual and purchasing Products in your capacity as such.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1Your order is an offer to us to buy the Product(s) in your order. You are deemed to have placed an order with us by ordering via our online checkout process. After placing an order, you will receive an e-mail from us acknowledging that we have received your order and containing an Order Reference Number and details of the Product(s) you have ordered (Order Confirmation). Please note that the Order Confirmation is acknowledgment that we have received your order and does not mean your order has been accepted by us. All orders are subject to our acceptance of your offer to buy the Product(s) ordered. We will only accept your offer (and form the contract of sale) when we send you an e-mail confirming that the Product has been dispatched (Dispatch Confirmation). We may refuse to accept your order:
(a) where the Product is not available;
(b) where we cannot obtain authorization for your payment;
(c) if there has been a pricing or Product description error (see clause 9.3 below); or
(d) if you do not meet the eligibility criteria set out in clause 3 above.
4.2 The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. The parties to the Contract are you and Siam Mobile (US) Limited.
4.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. OUR STATUS
We may also provide links on our website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that Products you purchase from third party sellers through our website, or from companies to whose website we have provided a link on our website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureaux. We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller.
6. CONSUMER RIGHTS
6.1 You may cancel the Contract at any time within 28 days, beginning on the day you receive the Products.
6.2 It is your responsibility to take reasonable care of the Products. The Products must be in the best possible condition and with their original, undamaged packaging along with any manuals, accessories, free items and any other components. The Products must not have been used or installed or had any data inputted. In this case, you will receive a full refund of the price paid for the Products in accordance with our Returns Policy (see clause 10 below).
6.3 To cancel the Contract, you should contact us via our website or by email or by telephoning the Customer Call Centre (details are available here: Contact Us). You will then be informed of details regarding the collection of the Product(s) from you. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.4 If you are a consumer you have a statutory right to cancel the Contract within seven business days from when you receive the Dispatch Confirmation. Details of this statutory right and your right to cancel (under clause 6.1 above) are provided in the Dispatch Confirmation and in our Returns Policy (see clause 10 below). This provision does not affect your other statutory rights as a consumer.
7. AVAILABILITY AND DELIVERY
7.1 We can deliver anywhere in United States.
7.2 We offer you a choice of delivery methods by Royal Mail delivery or by courier and your chosen delivery method will be specified on the Dispatch Confirmation. If you select delivery by courier a delivery tracking number will be specified on the Dispatch Confirmation to the courier's website for you to follow the status of your delivery.
7.3 We will deliver the Products to the delivery address you specify in your order. If you have chosen delivery of the Products by courier, we will not deliver the Products to your delivery address unless there is someone present to accept and sign for them. If you have not received the Product(s) within the estimated delivery time specified in the Dispatch Confirmation you should contact us via our website or by email or by telephoning the Customer Call Centre (details are available here:www.siamsmartphone.com).
7.4 Delivery of the Products does not normally include installation unless we expressly specify otherwise for a Product on our website.
8. RISK AND TITLE
8.1 The Products will be your responsibility from the time of delivery.
8.2 Ownership of the Products will only pass to you on the later of either delivery or when we receive full payment of all sums due in respect of the Products, including delivery charges.
9. PRICE AND PAYMENT
9.1 The price of the Products will be as quoted on our website from time to time, except in cases of obvious error. Product prices include VAT at the current rates. The price quoted on our website for Products excludes delivery charges which are quoted separately on our website.
9.2 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.3 Our website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it. If the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
9.4 Payment for all Products must be made either by credit or debit card or by PayPal. We accept payment by Visa Debit, Visa Credit, Mastercard, American Express, Maestro and PayPal. Your credit or debit card will not be charged as part of this validation process but in some cases it may show up as an authorization on your credit or debit card statement. A payment by credit or debit card will only be charged at or shortly after the time you place your order.
10. OUR RETURNS POLICY
10.1 If you wish to return a Product to us please contact us via our website or by email or by telephoning Siam Customer Service. We will then inform of you of the arrangements to return the Product to us.
10.2 If you are returning a Product to us:
(a) because you have cancelled the Contract between us within the 28-day cooling-off period (see clause
6.1 above), we will process the refund due to you as soon as possible after collection of the Product from you and, in any case, within 30 days of the day you gave us notice to cancel (see clause 6.3 above). Where you are entitled to a refund, we will refund the price of the Product in full. We will be responsible for collecting any returned Product from your address in the United States.
(b) for any other reason (for instance, because you have notified us in accordance with clause 19 below that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time and, usually within 5 working days of when we receive the Product from you. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund.
10.3 Subject to clause 10.4 below, if you believe that a Product you have ordered from us is defective, you should contact us via our website or by email or by telephoning Siam Customer Service (details are available. We will advise you of the appropriate steps to take. If you notify us within 28 days of delivery of the Product that the Product is defective, you will have the option to select a repair, an exchange or a refund. If a fault is found after 28 days of delivery of the Product, you should contact us by telephoning Siam Customer Service and we will at our discretion either repair or replace the Product and deliver the repaired or replacement Product to you, or provide a refund.
10.4 You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation and return the Products to us, we may have a right of action against you for compensation. When returning a Product to us we recommend you obtain a proof of posting. In all cases, we reserve the right to inspect the Product and verify the fault. For an exchange or refund, the Product must be in otherwise ‘as new’ condition and if possible with the original packaging. We reserve the right to refuse a refund or exchange if the Product returned is deemed to have been damaged.
10.5 We will usually make any refunds using the same method originally used by you to pay for your purchase.
10.6 We do not cover faults caused by misuse, neglect, physical damage, tampering or incorrect adjustment or normal wear and tear. Products sold on our website are intended for domestic use only and are not for commercial use or resale. Nor do we cover faults due to incorrect installation in your home. Please do not remove the serial number.
10.7 This Returns Policy does not affect your statutory rights.
11. PRODUCT WARRANTIES
Details on any warranty we offer for a Product as well as options for extended warranties that you may select for certain Products are available here: www.siamsmartphone.com
12. OUR LIABILITY
12.1 Nothing in these terms and conditions excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987;
(e) any deliberate breaches by us of these terms and conditions that would entitle you to terminate the Contract; or
(f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
12.2 Subject to clauses 12.1 and 12.3, if either of us fails to comply with these terms and conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms and conditions.
12.3 Subject to clause 12.1, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
(a)loss of income or revenue;
(b)loss of business;
(c)loss of profits;
(d)loss of anticipated savings;
(e)loss of data; or
(f)waste of management or office time.
However, this clause 12.3 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 12.3.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All formal notices given by you to us must be given to Siam Mobile INC (US) a company registered in the United States.202 4320 Windor Centre trail, Flower Mound,Texas 75028 USA.
We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.
15.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a)strikes, lock-outs or other industrial action;
(b)civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c)fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d)impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e)impossibility of the use of public or private telecommunications networks;
(f)the acts, decrees, legislation, regulations or restrictions of any government; and
(g)pandemic or epidemic.
16.3 Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
17.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of the Contract is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
19. Our right to vary these terms and conditions
19.1 We have the right to revise and amend these terms and conditions from time to time by posting them on our website.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. OUR WEBSITE
20.1 We own or are licensed users of all intellectual property rights in our website and all material and content on our website. You may use this site and the materials and content on our website for personal, non-commercial use only. All other use or reproduction of our website or materials or content on our website is strictly prohibited.
20.2 Our website is provided on an ‘as is’ and ‘as available’ basis without any representation made and we make no warranties of any kind, whether express or implied, in relation to our website. We make no warranty that our website will meet your requirements or will be uninterrupted, timely or error-free or that our website or the server that makes it available are free of viruses or bugs.
20.3 While we endeavour to ensure that our website is normally available 24 hours a day, we will not be liable if for any reason our website is unavailable at any time or for any period. Access to our website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control as set out in clause 16 above.
21. DATA PROTECTION AND PRIVACY
22. THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or the Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
23. APPLICABLE LAW
Contracts for the purchase of Products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by US law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of United States
24. ENTIRE AGREEMENT
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of the Contract. While we accept responsibility for statements and representations made by our duly authorized agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.