All terms and conditions on the purchase of Philips products on this website (https://www.thshop.philips.co.th/) are set forth in these terms and conditions ("T&C"). By purchasing Philips products on this website and clicking on the "Place Order" button to submit your order, you accept and agree to be bound by these T&C.
1. Operation of Website
https://www.thshop.philips.co.th/ ("Website") is operated and managed by aCommerce Co., Ltd., a company incorporated under the laws of Thailand, having its registered office at 33rd Floor, 689 Bhiraj Tower Sukhumvit Road, Bangkok 10110, Thailand ("aCommerce") on behalf of Philips (Thailand) Ltd. ("Philips"). aCommerce is an authorised distributor appointed by Philips to sell Philips products ("Products") online through the Website to any person visiting the Website and making a transaction of purchase ("Buyer"/ "You") and for delivery in Thailand. aCommerce does not accept orders for delivery outside Thailand. For clarity, aCommerce shall be the merchant or seller on record for Products purchased by the Buyer on the Website.
Products are sold as described on the Website in a selection of colors and with specifications as stated on the Website.
3. Philips Warranty
The Products sold through the Website carry Philips Standard Product Warranty. "Philips Standard Product Warranty" shall mean that Philips warrants that under normal use in accordance with the applicable user manual, the Products (excluding any software that is not embedded in or delivered with any goods by Philips or software which is subject to copyright owned by a third party) shall at the time of delivery to the Buyer and for a period of twelve (12) months from the date of delivery (or such other period as may be agreed upon in writing by the parties, or as communicated in writing at the point of sale), be free from defects in material or workmanship and shall substantially conform to Philips' specifications for such Product, or such other specifications as Philips has agreed to in writing, as applicable. Labor costs, (de)mounting and/or (de)installation are excluded from Philips Standard Product Warranty.
Philips' sole and exclusive obligation, and Buyer's sole and exclusive right, with respect to claims under Philips Standard Product Warranty shall be limited, at Philips' option, to (1) repair; or (2) provide a replacement of the defective or non-conforming Product; or (3) to an appropriate credit for the purchase price thereof. Philips will have a reasonable time to repair, replace or credit. The Buyer shall contact Philips Consumer Care in Thailand to exercise the Buyer's right under Philips Standard Product Warranty. Philips is entitled at its option to replace the defective or non-conforming Product(s) with a product that has minor deviations in design and/or specifications not affecting the functionality of the agreed Product(s). The non-conforming or defective Products shall become Philips' property as soon as they have been replaced or credited.
Notwithstanding the foregoing, Philips shall have no obligation under Philips Standard Product Warranty if the alleged defect or non-conformance is found to have occurred as a result of environmental or stress testing, misuse, use other than as set forth in the applicable user manual, neglect, improper installation or accident, or as a result of improper repair, alteration, modification, storage, transportation or improper handling.
Philips Standard Product Warranty specified above shall extend directly to you only and is in lieu of all other warranties, whether express or implied, including without limitation any implied warranties of fitness for a particular purpose, merchantability, or non-infringement of intellectual property rights. All other warranties are hereby specifically disclaimed by Philips.
The foregoing states the entire liability of Philips and its affiliates in connection with defective or non-conforming Products supplied hereunder.
4. Purchase of the Products
Buyer of 16 years of age or older may purchase any Product by selecting the Product, filling out the required data/information on the Website, and selecting the method of payment to be used as set forth on the Website. Buyer must be contactable by telephone and have a valid email address.
You are deemed to have completed the purchase of the Product through the Website when you have received a confirmation email.
If you have already completed the purchase of the Product through the Website but you did not receive any confirmation email, please contact aCommerce at the phone number as specified on the Website.
Failure in the payment for Product purchased due to any reason including the inability or interruption of the Website to process your payment shall be your responsibility and the transaction shall be deemed incomplete.
Cancellation of Products or return of Products purchased on the Website shall not be permitted once you have received a confirmation email.
Philips and aCommerce will only accept technical returns (i.e. faulty items within Philips Standard Product Warranty, or damaged during transit). Change of mind is not accepted.
Due to on-screen display of colors and designs, the actual Products may differ from the appearance or size of the Products as depicted on the Website.
5. Product Price and Discount
The prices of the Products sold on the Website will be in Thai Baht and shall be inclusive of applicable Value-Added Tax (VAT) or sales tax or equivalent tax in Thailand, discount (if any), and cost of delivery. The price of the Product purchased by the Buyer is paid by the Buyer to aCommerce.
6. Payment for the Products
You may pay for the Products by the methods of payment displayed on the payment paragraph of the Website.
For Products purchased and paid by credit card on the Website, Buyer agrees that the use of the credit card is subject to terms and conditions as may be imposed by the issuing bank on the transaction. aCommerce will not be obliged to commence delivery of the Products to you until your credit card issuer has authorized the use of your credit card for payment of the Products ordered. If aCommerce does not receive such authorization, aCommerce shall inform you accordingly.
Delivery of Products shall be made by aCommerce to the address as provided by you at the checkout. The address must be an address in Thailand.
aCommerce shall not be held responsible for delivering the Product to a wrong address due to your inaccuracy, incomplete and/or mistake in providing your address on the Website.
The Product will be packaged by aCommerce properly and safely to prevent damage in the delivery process.
Products shall be delivered within a period of 5 – 10 business days from the date of your receipt of the confirmation email of your purchase based on the record of aCommerce. If the confirmation email is received on Friday to Sunday or on a public holiday, then the order will be processed on the next working day.
You can track the delivery of the Product through the Website.
If you do not receive the Product within a period exceeding the time as specified herein, you may contact us via the channels as specified on the Website.
The risk of title and loss of the Product will pass to the Buyer immediately when the Product is delivered to delivery address provided by the Buyer.
8. Warranties and Liabilities
Except where set out in sub-paragraph (2) below, there are no warranties, conditions or other terms that are binding on aCommerce and/or Philips regarding the Products or the performance of telephone support, warranty services or any other services related to the Products (“Services”).
Any warranty, condition or other term arising out of or in connection with the supply of the Products and/or the provision of Services which might otherwise be implied in or incorporated into these T&C by statute, common law, laws applicable in Thailand (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, aCommerce and Philips will not be responsible for ensuring that the Products are suitable for your purposes.
Nothing in these T&C shall limit or exclude our liability (i) for death or personal injury caused by our negligence; or (ii) for fraud; or (iii) any liability which cannot be excluded by law.
Subject to sub-paragraph (3) above, Philips shall not be liable for any lost profits, lost savings, loss of reputation, loss of goodwill, data, indirect, incidental, punitive, special or consequential damages arising out of or in connection with these T&C or the sale of the Product or provision of the Services by Philips or the use thereof whether or not such damages are based on tort, warranty, contract or any other legal theory, even if Philips has been advised, or is aware, of the possibility of such damages. Philips’ aggregate and cumulative liability (if any) shall not exceed the amount payable by you to aCommerce in respect of the Products purchased that forms the subject matter of the claim.
9. Intellectual Property Rights Indemnity
Philips, at its sole expense, shall: (i) defend any legal proceeding brought by a third party against you to the extent that the proceeding includes a claim that any Product directly infringes the claimant’s patent, copyright, trademark, or trade secret; and (ii) hold you harmless against damages and costs awarded by final judgment in such proceeding to the extent directly and solely attributable to such infringement.
Philips shall have no obligation or liability to you as mentioned above – (1) if Philips is not: (i) promptly notified in writing of any such claim; (ii) given the sole right to control and direct the investigation, preparation, defense and settlement of such claim, including the selection of counsel; and (iii) given full reasonable assistance and cooperation by you in such investigation, preparation, settlement and defense; (2) for any costs or expenses incurred by you without Philips’ prior written consent.
If any Product is, or in Philips’ opinion is likely to become, the subject of a claim of infringement as referred to above, Philips shall have the right, without obligation and at its sole option, to: (i) procure for you the right to continue to use the Product; (ii) provide replacement Product, or (iii) modify the Product in such a way as to make the modified Product non-infringing.
Subject to the exclusions and limitations set out in clause 8, the foregoing states Philips’ entire liability and obligation to you and your sole remedy with respect to any actual or alleged infringement of any intellectual property rights or any other proprietary rights of any kind in respect of the Product.
10. Rights in Software, Documentation and Intellectual Property
Subject to the provisions set out herein, the sale by aCommerce of any Products implies the non-exclusive and non-transferable limited license to you granted by Philips under any of Philips’ and/or its affiliates’ intellectual property rights (“Philips’ IPR”) used in the Products to use the Products for domestic use.
To the extent that software and/or documentation is embedded in or delivered with any Products to you, the sale of such Products shall not constitute the transfer of ownership rights or title in such software and/or documentation to you, but, subject to the provisions set out herein, shall only imply a non-exclusive and non-transferable license to you under Philips IPR used in the software to use such software and/or documentation in conjunction with and as embedded in or delivered with the Products.
You shall not: (a) modify, adapt, alter, translate, or create derivative works from any software residing in or provided by Philips in conjunction with any Products; (b) assign, sublicense, lease, rent, loan, transfer, disclose, or otherwise make available such software; (c) merge or incorporate such software with or into any other software; or (d) reverse assemble, decompile, disassemble, or otherwise attempt to derive the source code for such software without written authorization from Philips except as explicitly allowed under applicable law. You shall reproduce, without any amendments or changes thereto, any proprietary rights legends of Philips and/or its affiliates or its third party suppliers in any software or
documentation provided by Philips. If and to the extent copyright in the software is owned by third parties, the license terms of these third parties shall apply.
11. Use of Information / Data Protection
12. Force Majeure
aCommerce shall not be liable for any failure or delay in performance if (a) such failure or delay results from interruptions in the Product manufacturing process; or (b) such failure or delay is caused by Force Majeure as defined below or by law.
In case of such a failure as set out above, the performance of aCommerce’s obligations will be suspended for the period such failure continues, without aCommerce being responsible or liable to you for any damage resulting therefrom.
The expression “Force Majeure” shall mean and include any circumstances or occurrences beyond aCommerce’s or Philips’ reasonable control - whether or not foreseeable at the time of order - as a result of which aCommerce or Philips cannot reasonably be required to execute its obligations including force majeure and/or default by one of Philips’ suppliers. In the event that the Force Majeure extends for a period of three (3) consecutive months (or in the event that the delay is reasonably expected by aCommerce or Philips to extend for a period of three (3) consecutive months), aCommerce shall be entitled to cancel all or any part of the order without any liability towards you.
13. General Provisions
You are an eligible individual who is not prohibited by applicable laws and regulations to purchase the Product under these T&C.
aCommerce or Philips may at any time add, modify, replace, and remove a part and/or the entirety of these T&C without prior notice. Such changes however will have no effect on orders that were submitted before posting of such revised terms and conditions on this Website.
aCommerce is entitled to void and cancel a transaction in the event you breach any of these T&C.
By participating in and conducting a transaction on the Website, you agree to and accept all of these T&C and their amendments (if any).
These T&C are governed by and interpreted in accordance with the laws of Thailand. The applicability of the United Nations Convention on Contracts for International Sale of Goods is hereby explicitly excluded.
In the event of any dispute or difference (“Dispute”) between you and aCommerce in relation to or arising from the purchase of the Products, these T&C or the breach, termination, or validity of these T&C, you and aCommerce will make endeavor, within (thirty) 30 days following the date of receipt of notice from the other party concerning the occurrence of a Dispute, to hold a negotiation between the parties with a view to resolving the Dispute. If the Dispute is unable to be resolved by deliberation within (thirty) 30 days from the occurrence of the first negotiation, the Dispute shall be resolved by referring the Dispute to the applicable Courts in Thailand.