General Terms and Conditions (GTC)
§ 1 Scope & Defense Clause
(1) For the substantiated over the Internet shop legal relations between the operator of the shop (hereinafter “Providers”) and its customers only the following terms and conditions in the respective Version at the time of the order shall apply.
(2) Any other General Business Conditions proposed by the Customer are not recognised, even if we do not expressly oppose them.
§ 2 Conclusion of contract
(1) The presentation of the goods in the Internet shop does not represent a binding offer of the offerer on conclusion of a sales contract, it represents a non-binding invitation to potential customers to order, the customer is merely asked to release an offer.
(2) By sending the order in the internet shop the customer gives a binding offer which is directed towards the conclusion of a sales agreement about the goods contained in the shopping cart. At the time of sending the order the customer accepts also those terms and conditions as solely relevant for the legal relationship with the offerer
(3) The offerer confirms the income of the customer’s order by sending a confirmation e-mail. This confirmation of order does not demonstrate the acceptance of the contract-offer through the offerer yet. It merely serves as information to the customer that the order has reached the supplier. The declaration of acceptance of the contract-offer is effected through the customers advance payment which leads therefore to the delivery of the good or an explicit declaration of acceptance.
§ 3 Reservation of ownership
Delivered goods and services remain the property of the offerer until all demands have been fulfilled.
§ 4 Due date
The payment of the purchase price is due with the conclusion of the contract.
§ 5 Warranty
(1) The client’s right of warranty comply with the general legal prescriptions, except as defined otherwise consecutively. The inspection for eventually occuring defects has to be done as soon as possible after receipt of the productdelivery. Is this not done and lodged to us in written form within 8 days, then any claim resulting from defects in the goods is barred. For the client’s claim for indemnity against the supplier the rule in § 6 of these “Terms and Conditions and Right of Revocation” is valid.
(2) A guaranty is not taken over by the offerer.
§ 6 Liability exclusion
(1) Client’s claims for indemnity are excluded as far as subsequently nothing else is defined. The above mentioned liability exclusion is also valid in favour of the legal representation and assistant of the offerer, in case the client puts in a claim against them.
(2) Claims of indemnity due to an injury to life, body and health as well as for claims of indemnity due to an injury of essential contractual obligations are excluded from the under number 1 determined liability exclusion. Essential contractual obligations are those whose completion is necessary in order to reach the aim of the contract. Likewise excluded from the liability exclusion is the liability for damages, which are based on an intentional or grossly negligent breach of duty of the offerer, his legal representative or assistants.
§ 7 Choice of law and jurisdiction
(1) For the contractual contact between the supplier and the client the law of the Kingdom of Thailand applies. It is not possible to apply the United Nations Convent on Contracts for the International Sale of Goods.
(2) The court of jurisdiction for all conflicts from the contractual relationship between the client and the supplier is the supplier’s registered office, provided that the client is a businessman, an entity of the public law or a separate asset subject to public law.
§ 8 Exceptions of this agreement
The author of the products offered on our webpage has the exclusive right to distribute our product by him/herself to schools, public and nonprofit institutions of all kinds, as well as foreign private individuals in- and outside of the Kingdom of Thailand. He is is not bound and subject to these restrictions.
§ 9 Severability clause
Should one clause of the Terms and Conditions be invalid, the validity of the remaining clauses is not struck there from.
