TERMS AND CONDITIONS OF SALE
TERMS AND CONDITIONS OF SALE
Welcome to Sentimental Plus Co., Ltd. (“SentPlus”), the owner and operator of the Handicraftmall.com website (the “Site”). By ordering any product or service via the Site, Fax, Electronic Mail or Telephone, you (the “Buyer”) signify your reading and acceptance of this Terms and Conditions of Sale (the “Agreement”);no alleged oral promises or conditions not set forth herein shall be binding upon SentPlus or Buyer, and any prior negotiations between the parties are merged herein. This agreement may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted.
ACCEPTANCE BY SHIPMENT - SentPlus will indicate its acceptance of Buyer’s order by shipping to Buyer the selected Product(s). The automated order confirmation via electronic mail, banking, negotiation, or other use of any payment will not constitute an acceptance by SentPlus.Products displayed on the Site may be out-of-stock or discontinued. SentPlus reserves the right to refuse orders for any reason without explanation.
PRICES AND TAXES - All prices are in US Dollars. Prices may change without notice. All Products prices and shipping charge are exclusive of customs, import duties and sales tax. Buyer accept for additional charges of customs clearance or any import duties. SentPlus cannot control over these charges because customs policies are vary widely from country to country. For shipments within Thailand , SentPlus will charge value-added tax (VAT) at the rate of 7%.
TERMS OF PAYMENT - Terms of payment are with SentPlus’s sole discretion and, unless otherwise agreed to by SentPlus, payment must be received by SentPlus prior to SentPlus’s shipment of an order. On customized order, special orders or drop-shipments, a 50% down payment is required when ordering, with the balance due in full before shipping. 50% of the down payment is non-refundable if the order is cancelled prior to shipping.
Payment shall be made by credit card, wire transfer, or some other prearranged payment method. In the event Buyer's card or such other payment method cannot be verified, is invalid or is not otherwise acceptable, Buyer's order may be suspended or cancelled. In the event SentPlus is required to bring legal action to collect any amounts due from Buyer, Buyer agrees to pay reasonable attorney's fees and costs of suit.
CANCELLATIONS - Buyer may cancel by written notice recieved at SentPlus’s home office, all or any part of this order subject to the following cancellation fees:
- Cancel some items within 72 hours ……..no fee
- Cancel whole order within 24 hours ……..no fee
- Cancel whole order within 72 hours ……..10% fee
- Cancel whole order after 72 hours but prior the order is shipped ……50% fee
- Cancel any customized order …………….50-100%
Number of hours notice shall be hours from order submission received until SentPlus’s receipt of Buyer’s written cancellation.
SHIPPINGS AND DELIVERY - (a) SentPlus will pack and ship all Products in accordance with good commercial practices; (b) several delivery methods are available to Buyer. All delivery methods are based on number of business days from the day of Shipment; (c) delivery time of each shipping methods which is shown in the Site are given by individual carrier and it is only an estimation. Buyer should also expect some variation between each shipment; (d) SentPlus reserves the rights to ship orders using another equivalent shipping methods which is different from what Buyer has selected. And without advance notification, if the new shipping method cost Buyer the same amount and delivery time.
DISCLAIMER OF WARRANTIES - (a) SentPlus warrants that the products to be delivered under this Agreement will be free from defects in material and workmanship under normal use and service. SentPlus's obligations under this warranty are limited to replacing or repairing or giving credit for, at its option, at its factory, any of said products which shall, within 7 days from the delivery date; (b) HANDMADE – For handmade product, slight variations may occur between individual items, uniqueness and uniformity of any specification is not warrantied, SentPlus may not be responsible for money refund or exchange caused by its product characteristics; (c) COLORS – SentPlus has made every effort to display as accurately as possible the colors of the Products that appear on the Site. However, since the actual colors Buyer see will depend on the monitor, SentPlus may not warranty that Buyer’s monitor will accurately display the actual colors of the Products.
THIS WARRANTY IS EXPRESSED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON SENTPLUS'S PART, AND IT NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR SENTPLUS ANY OTHER LIABILITIES IN CONNECTION WITH THE SALE OF THE SAID ARTICLES.
RETURNS - Buyer may return any Products, except for custom-built orders. To qualify for a refund, Product returns must be notified, in writing, received by SentPlus within 7 days of the actual shipment receive date at Buyer’s premise. The Product must be new and unused, and in its original sealed packaging, including all accessories. If the Product packaging has been opened, the return may not be accepted. Returns will receive a full refund including the shipping charges if the return is a result of SentPlus’s error. All promotional, custom made and clearance items are final sales and may not be returned or exchanged. SentPlus may not be responsible for lost, damaged or misdirected returns.
Return Address:
Sentimental Plus Co., Ltd.
599/69 Ban Klang Muang,
Srinakarin Rd, Samrong Nua,
Muang Samutprakan, Samutprakan,
10270 , Thailand Tel: +66 2383 5076
Fax: +66 2383 5078
Email:info@sentplus.com
PATENTS - (a) With regard to products made to the order of Buyer's designs, specifications or instructions, Buyer shall save and hold SentPlus harmless against damage cost, loss or expense, including reasonable attorney fees, resulting from any claim, suit or proceeding brought by any person or entity for infringement of patents, copyrights, trademarks, trade names, or for unfair competition arising from SentPlus’s compliance with Buyer's designs, specifications or instructions. (b) The sale of any product or products by SentPlus pursuant to this order does not convey to Buyer any license, by implication, estoppel, or otherwise, respecting any patent, trademark or trade name claims or rights of SentPlus covering said products or any combination thereof with or without any devices or elements.
LIMITATION OF LIABILITY - SentPlus's total liability, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, is limited to the price of the particular Products sold under these Agreement with respect to which losses or damages are claimed. In no event will SentPlus be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental or consequential damages to the full extent such may be disclaimed by law. No action will be brought for any breach of these Agreement more than 6 months after the accrual of such cause of action.
INDEMNIFICATION - Buyer agree to defend, indemnify and hold completely harmless SentPlus from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to Buyer’s use of the products purchased via the Site.
GOVERNING LAW - This Agreement, the entire relationship between Buyer and SentPlus, and any litigation or other legal proceeding between Buyer and SentPlus (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of Thailand, without giving effect to its choice of law rules. This contract is fully performable in Bangkok , Thailand .
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