Terms And Conditions

WEBSITE TERMS AND CONDITIONS OF USE

The use of Its Cooler website (the website) is governed by these terms and conditions. These terms and conditions are made between:

Its Cooler (the Company, We, Us, Our), a Thailand-based e-commerce company, with its registered office at No. 378/1 Moo 10 Room No. A3, Tambol Nongprue, Amphur Banglamung, Chonburi Province, and

You, who are a person of legal age or a juristic person who agreed to become a website member by providing the required data (User ID, password, and registration data) on the website. Each website member is designated a unique identification comprising a username and password and thus accepts these terms and conditions.

These terms and conditions are effective and binding upon clicking the ‘I agree’ button. You may choose to click the ‘I disagree’ button if you do not agree with these terms and conditions and, consequently, refrain from using the website.

By accepting these terms and conditions, you accept and agree to be bound by the following policies set forth:

  1. GENERAL TERMS AND CONDITIONS
    1. You agree to comply with any and all conditions, guidelines, notices, operating rules, policies, and instructions pertaining to purchasing products through the website, as well as any amendments, issued by the Company (whether as part of use of the website or in relation to the purchase of products on behalf of Retailers) from time to time.
    2. In the case that the Company would like to amend these terms and conditions, an announcement will be posted in the website regarding the changes. Generic emails will be sent to inform you. You are responsible for regularly checking your mailbox. Your continued use of the website means that you agree to the changes.
  2. LEGAL CAPACITY

    The use of the website affirms that you are at least 20 years of age and fully capable of forming binding legal contacts under the laws of the Kingdom of Thailand. Persons who are legally ineligible (i.e. minors) must have his or her parent, legal representative, legal guardian, or legal curator conduct any transaction with us on his or her behalf. The parent, legal representative, legal guardian, or legal curator must create their own account on the website before placing orders. We reserve the right to terminate your account, cancel your orders and refund your payment, should we discover that you are legally ineligible. Cancellation and refund resulting from legal ineligibility will be processed and subject to the Company’s policies and according to item 6 of this terms and conditions. A juristic person that wishes to enter into a transaction with the Company must have a duly authorised and legal representative register on the juristic person’s behalf as long as the representative is of and duly authorised by the entity to form binding contracts with the Company.

  3. PERSONAL ACCOUNT
    1. The use of this website requires you to strictly maintain the confidentiality of your username and password. It is your sole responsibility to safe-keep the password, as you are responsible for all the activities that occur under your username, you agree to provide accurate details in your registration form. Failure to comply may result in account suspension or deactivation.
    2. If you believe that your account has been compromised or accessed without your permission, please email us right away at duediligence@itscooler.asia or contact us through any other methods
  4. PURCHASE AND PAYMENT
    1. You agree and accept the guidelines set forth in these terms and conditions about products.
      1. You must understand that the Company only provide a space for various product vendors (“Retailers”) to offer the products through this website.
      2. If the product you received is of a fundamentally different nature from the product described on the website that you ordered, you may express an intention to return such product under the return policy of these terms and conditions.
      3. All imported products are subject to clearance conducted by the Thai Customs Department and other relevant government bodies.
      4. You are responsible for carefully checking product descriptions before any purchases. You shall place an order by completing the order form on the website and shall ensure your order’s accuracy. Placing an order implicitly means that you are bound by these terms and conditions, including the product’s warranty provided by the Retailers.
      5. Your use of a credit or debit card is your sole responsibility. It is imperative that you use your own credit or debit card that reflects your name, card number, expiry date, account password, and signature, as well as other relevant information required to make an online payment. The Company and a company providing services of receiving payment via cash electronic card and bill payment for the Company (“Payment Agent”) will exercise utmost care and measures to protect your information supplied to the website. The information provided will not be shared unless required for verification or as deemed necessary by the court. We will not be held liable for the use of your credit or debit card, or credit or debit card information for any purposes by third party without your permission.
      6. We reserve the right to initiate legal proceedings against fraudulent use of the website.
      7. The Company has the right to edit or remove your reviews, feedback, comments, and suggestions posted on the website that appear inappropriate, impolite, unlawful, libellous, threatening, or abusive to other parties, and those cause damages to the Company or the Retailers.
      8. All images, texts, trademarks, logos, designs, photographs, music, videos, and slogans posted on the website are owned and licenced by the Company. The use of the website for personal or commercial purposes is a breach of its copyright and trademark, and is strictly prohibited without written permission from the Company.
      9. The use of the website affirms that you will fully comply with all applicable laws, rules, and regulations set forth in the Kingdom of Thailand.
    2. You may pay for products by any of the payment methods prescribed on the website. The payment must be made in Thai Baht. When you place orders, actual payments will be charged only upon the Company’s acceptance of your orders and the formation of your contracts. All payments must be made to the Company, who will either accept payment in its own right or through its agent. You acknowledge that the Company and the Payment Agent are entitled to collect payments from you on behalf of the Retailers.
    3. The Company shall notify you when the Company modifies or discontinues, any payment method both by posting a notification on the website and sending a group email.
    4. If you choose to pay for products through a commercial bank, the Company will invoice you by email within 24 hours after your order is placed. You are then responsible for making a payment within 24 hours; otherwise, the order will be cancelled.
    5. Your credit or debit card details will be kept by the Company and the Payment Agent. All these details will be highly confidential and only for your use.
    6. If you choose to pay for products by cash upon arrival at your shipping address, you are responsible to provide your debit or credit card details when placing an order to secure your orders. The credit or debit card details will be kept confidential for reference to guarantee your order payment.
    7. If you fail to pay pursuant to the terms and conditions of the payment method elected or if payment is cancelled for any reason whatsoever, then, the Company will be entitled to cancel your orders or suspend delivery of products until payment is made in full.
  5. SHIPMENT OF PRODUCTS
    1. Delivery of products will only be made to the shipping address specified in your orders.
    2. When the website is available, you may track the status of the shipment on the website or any other webpage accessible by a provided web-link.
    3. You acknowledge that product delivery is only conducted by courier companies. The Company or Retailers’ obligation to delivery have been completed the moment products are delivered to the courier companies.
    4. You acknowledge that product delivery is subject to product availability. The Company will make every effort to deliver the product to you within the delivery schedule stated in our email to be sent to you to confirm that your orders have been accepted. You acknowledge that, while information on the website is updated regularly, in some instances, products may become unavailable between updates. All delivery schedules given are estimates only, and delays can occur. If the delivery of your product is delayed, the Company will inform you accordingly via e-mail or other methods, and your product will be dispatched as soon as it becomes available to the Company.
    5. If you do not receive your products within the delivery schedule and you inform the Company within 24 hours from the end of delivery, the Company will try its best to locate and deliver the products.
    6. If the Company does not hear from you within 24 hours from the end of the schedule delivery date, you will be deemed to have received the products.
  6. CANCELLATIONS, REFUNDS, RETURNS, AND EXCHANGES OF PRODUCTS
    1. Once orders are placed and paid for, the Company will send an email within 48 hours with necessary details including, but not limited to, your name, billing address, shipping address, description of the ordered products, payment method, total amount paid, and delivery schedule. You can cancel your orders, if they are placed by mistake, within 24 hours from the time you placed the orders. You can contact the Company at ordercancelations@itscooler.asia, or the Company’s customer service details showed on the website.
    2. If your order is unavailable or delayed in fulfilment, the Company will contact you through your provided contact details to find out whether you would like to keep the order or not. If you choose to cancel your order, the Company will cancel the order and fully refund you.
    3. You are fully responsible for carefully and thoroughly inspecting the products after receiving. You may return damaged products in the cases as follows:
      1. If you find the products are damaged on arrival at your shipping address, you may immediately return them to the courier companies. Once you sign a statement of acknowledge receipt, it deems that you agree to receive and have received the products in good order.
      2. If you find the products are damaged or defective after receiving due to faults in manufacture of performance, you may return the products according to the method stated on the website or any other webpage accessible by a provided web-link.You are fully responsible for carefully and thoroughly inspecting the products after receiving. You may return damaged products in the cases as follows: You can return products by emailing the Company or contacting the Company through other methods to request an exchange or cancellation, including the reasons for the exchange or cancellation, within 14 days from the time of receipt of product on the website or any other webpage assessable by a provided web-link. The Company will pay full refunds for cancellations or replace products for exchanges.
    4. You may return your products if they are malfunctioning or DOA within 14 days from the time of receipt according to the method stated on the website or any other webpage assessable by a provided web-link.
    5. Subject to Clauses 6.3 and 6.4, you can return products by following these instructions:
      1. All products must be returned in the same condition as they were delivered in complete packaging with all labels, barcodes, instructions and all other provided documents.; and
      2. You must send photos of both the packaging and product as received along with close-up photos of the damages or faults before the product is collected (The photos must be accurate and truthful) to return@itscooler.asia, or the Company’s customer service at the address showed on the website.
    6. When the product is returned according to the Company’s instructions, the Company will be pleased to provide you with a replacement, adjustment, or refund within 15 days. Once the product has been returned and completely checked and the return and refund is made, you will have no right to claim over such product against the Company. The Company will be responsible for product cost, shipping cost, and duties for exchange or replacement product.
    7. With respect to any order placed, if there is a claim arising from issues of legal capacity, the Company reserves the right to investigate the order and surrounding issues. If there is evidence providing that the order is invalid due to legal capacity issues, the Company will cancel the order and give a refund within 15 days after the investigation. The Company will not be liable for any damage to you resulting from such cancellation.
    8. All refunds will be made via the original payment mechanism and to the person who made the payment , except for the case of Cash on Delivery where refunds will be made via bank transfer into your bank account provided that complete and accurate bank account details are provided to the Company. All refunds will be made in Thai Baht.
    9. The Company and the Payment Agent cannot guarantee for the timelines of the refunds reaching your account. The payment processing may take time, and it is subject to the respective banks and/or Payment Agent’s internal processing.
    10. All costs associated with the refund process imposed by the processing bank and/or payment provider will be borne by the Company.
  7. DISCLAIMER AND LIMITATION OF LIABILITY
    1. The Company shall not have responsibility and risk with respect to your use of the website, which is provided without warranties, representations, or conditions of any kind, either express or implied, with regard to information accessed from or via the website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose.The website or its functioning or the content and material of the services made available may be timely, secure, uninterrupted, or error-free, any defects may be corrected, and our website or the servers that make the website available may be free of viruses or other harmful components. However, you hold your own risk on using the website and you assume full responsibility for any costs associated with your use of the website.We will not be liable for any damages of any kind related to the use of the website. In no event will we, or any of our or their directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether for breach of contract, tort including negligence or other form of action, strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, the website or the content or material or functionality through the website, even if we are advised of the possibility of such damages. Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability and will be limited to the maximum extent permitted by applicable law.
    2. Notwithstanding any other provision of these terms and conditions, our maximum cumulative liability to you or to any other party for all losses under, arising out of, or relating to the sale of products under each contract, will not exceed the sums that you have paid to us under your orders.
  8. DISPUTE RESOLUTION

These terms and conditions are governed, and thus can only be interpreted, by the laws of the Kingdom of Thailand. Any claims and disputes from these terms and conditions will be addressed and settled in a confidential arbitration to be held in Bangkok, Thailand. The arbitrators must be (i) legally trained, (ii) independent of both parties, and (iii) have experience in information technology and e-commerce fields in the country. Each party agrees to yield to the jurisdiction of courts of the Kingdom of Thailand.