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TERMS OF SALE

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, www.tube-gallery.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale and Contracts may be prepared in multiple languages. In case of any discrepancy the Terms of Sale and Contracts in English shall take precedence.

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 Goods, as explained in Clause 8;

      “Goods” means the goods sold by Us through Our Site;

      “Order” means your order for Goods;

      “Pre-order Goods” means the goods which only being made after the order has been confirmed. The production time is up to 14 days or more.

      “Order Confirmation” means our acceptance and confirmation of your Order;

      “Order Number” means the reference number for your Order; and

      “We/Us/Our” means Tube Marketing Company Limited, 395/8 Soi 19 Rama 3 Road, Bang Klo, Bang Koh Leam, Bangkok, 10120 Thailand. Tax Payer No.0105543054482

2. Information About Us

      2.1 Our Site, www.tube-gallery.com, is owned and operated by Tube Marketing Company Limited, 395/8 Soi 19 Rama 3 Road, Bang Klo, Bang Koh Leam, Bangkok, 10120 Thailand. Tax Payer No.0105543054482

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. 4. International Customers

      4.1 For customers located outside of Thailand the delivery charges presented as part of the order process are an estimate only and the customer will be charged the actual shipping costs. The delivery of goods outside of Thailand may also be subject to additional import charges including duty, customs processing and other charges.

5. 5. Goods, Pricing and Availability

      5.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:

            5.1.1 Images of Goods 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;

            5.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.

            5.1.3 Due to the nature of the Goods sold through Our Site, there may be variance in the size, capacity, dimensions, measurements, or weight, of those Goods between the actual Goods and the description.

      5.2 Where appropriate, you may be required to select the required size, model, or color, or other parameters of the Goods that you are purchasing.

      5.3 Please refer to Clause 9 if you receive incorrect Goods (i.e. Goods that are not as described).

      5.4 We cannot guarantee that Goods 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.

      5.5 Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, 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 Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.

      5.6 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. Changes in price will not affect any order that you have already placed.

      5.7 All prices are checked by Us before We accept your Order. 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 Goods 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.

      5.8 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

      5.9 All prices on Our Site include Thai VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

      5.10 Delivery charges are not included in the price of Goods displayed on Our Site.. Delivery options and related charges will be presented to you as part of the order process.

6. 6. Orders – How Contracts Are Formed

      6.1 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.

      6.2 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.

      6.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending 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.

      6.4 Order Confirmations shall contain the following information:

            6.4.1 Your Order Number;

            6.4.2 Confirmation of the Goods ordered including details of the main characteristics of those Goods;

            6.4.3 Estimated delivery period

      6.5 In the unlikely event that We do not accept or cannot fulfill your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 45 calendar days.

      6.7 Any refunds due under this Clause 6 will be made using the same payment method that you used when ordering the Goods.

7. 7. Payment

      7.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.

      7.2 We accept the following methods of payment on Our Site:

            7.2.1 Payment through Credit or Debit Card

            7.2.2 Payment through Bank Transfer

            7.2.3 Payment through PayPal

      7.3 The Order Confirmation will be made after the transaction has been done through Credit Card companies or PayPal. Order with payment through Bank Transfer will be confirmed after you have provided us the payment slip through our system and the transaction has been confirmed by our bank.

8. 8. Delivery, Risk and Ownership

      8.1 All Goods purchased through Our Site will normally be delivered within 45 calendar days 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, for which see Clause 11).

      8.2 If We are unable to deliver the Goods on the delivery date, the following will apply:

            8.2.1 If no one is available at your delivery address to receive the Goods, We will contact you or leave a delivery note explaining how to rearrange delivery or where to collect the Goods;

            8.2.2 If you do not collect the Goods or rearrange delivery within seven 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 Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Goods. The refund will not be made for any Pre-ordered Goods.

      8.3 In the unlikely event that We fail to despatch the Goods within 45 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 8.1), you may treat the Contract as being at an end immediately. We will give you the full refund on both Goods and delivery cost.

      8.4 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address you have provided.

      8.5 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).

      8.6 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods.

9. 9. Faulty, Damaged or Incorrect Goods

      9.1 If any Goods you have purchased have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us within 7 calendar days to inform Us of the fault, damage or error, and we shall either repair or replace the goods. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund.

      9.2 Please note that you will not be eligible to claim under this Clause 9 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.

      9.3 To return Goods to Us for any reason under this Clause 9,  please contact Us to arrange for a collection and return. We will be fully responsible for the costs of returning Goods under this Clause 9 and will reimburse you where appropriate.

      9.4 Refunds under this Clause 9 will be issued within 45 calendar days of the day which we receive the goods back.

      9.5 Any and all refunds issued under this Clause 9 will include delivery costs paid by you when the Goods were originally purchased.

      9.6 Refunds under this Clause 9 will be made using the same payment method that you used when ordering the Goods.

      9.7 Please note that you may not cancel under this Clause 9 in the following circumstances:

            9.7.1 If the Goods have been worn, washed, altered, damaged or used in any way;

            9.7.2 If any tags or labels have been removed;

            9.7.3 If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them.

            9.7.4 If the Goods have been personalized or custom-made for you.

       9.8 Please ensure that you return Goods to Us with the undamaged original packaging no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 9.8

       9.9 An international shipping order can not be return and refund.

10. Our Liability to Consumers

      10.1 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 the Contract) 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.

      10.2 We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods 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.

11. Events Outside of Our Control (Force Majeure)

      11.1 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.

      11.2 If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

            11.2.1 We will inform you as soon as is reasonably possible;

            11.2.2 We will take all reasonable steps to minimize the delay;

            11.2.3 To the extent that we cannot minimize the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

            11.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;

            11.2.5 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 45 calendar days of the date on which the Contract is cancelled;

12. How We Use Your Personal Information (Data Protection)

      12.1 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 12.

      12.2 We may use your personal information to:

            12.2.1 Provide Our Goods and services to you;

            12.2.2 Process your Order (including payment) for the Goods; and

            12.2.3 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.

      12.3 We will not pass on your personal information to any third parties without first obtaining your express permission.

13. Other Important Terms

      13.1 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.

      13.2 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.

      13.3 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.

      13.4 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.

      13.5 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.

      13.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.

14. Law and Jurisdiction

      14.1 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.

      14.2  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.

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