Terms and Conditions for Online Platform
Gourmet Market
Published on 16 October 2024
The Mall Group Co., Ltd and its affiliates (hereinafter collectively referred to as “The Mall Group”) is pleased to offer you a new experience in purchasing products and/or services from The Mall Group through online platform under the name of www.GourmetMarketThailand.com (hereinafter referred to as “Platform”).
For your own interest, please thoroughly learn and understand your rights and obligations in connection with the use of Platform, M Card Membership, Privacy Policy, namely, (i) Terms and Conditions for the use of Platform at www.gourmetmarketthailand.com/support/term-and-condition, (ii) Terms and Conditions of M Card Member at www.mcardmall.com, and (iii) Privacy Policy at www.gourmetmarketthailand.com/support/term-and-condition/privacy-policy
PART I
Terms and Conditions – Use of Platform
1. GENERAL PROVISION
1.1 By browsing and/or purchasing products and/or using any Services through the Platform and/or registering User Account and clicking “accept”, you are deemed to have agreed and accepted to comply with Terms and Conditions for the use of Platform and relevant terms and conditions (hereinafter collectively referred to as “Terms of Use”) and Privacy Policy (“Privacy Policy”) including other relevant terms and conditions, and policies contained in the Platform. Thus, for your own interest, you are required to thoroughly learn the terms and policies before purchasing and/or using services.
1.2 The Mall Group may amend or modify this Terms of Use and relevant terms and conditions from time to time without prior notice to you. The amendment or modification shall be published on this Platform or relevant platform, and you may or may not accept such amended or modified Terms of Use, and relevant terms and conditions. However, if you continue browsing and/or purchasing products and/or using any Services through the Platform, it is deemed that you have fully agreed and accepted to comply with such amended or modified Terms of Use and relevant terms and conditions.
1.3 You acknowledge and agree that, by using the services provided by The Mall Group, whether by browsing the Platform via website or application, or purchasing products and/or related services, you are required to comply with laws, rules and other related regulations.
1.4 This Terms of Use is made in both Thai and English, if there are discrepancies between the English and Thai versions, the Thai version shall prevail.
1.5 This Terms of Use shall be governed by and construed in accordance with Thai laws without regard to principles of conflicts of law. You hereby consent to the exclusive jurisdiction of the Court of Thailand in respect of any disputes arising in connection with the Platform, or any relevant terms and conditions, policies, or any matter related to or in connection therewith.
2. DEFINITIONS
2.1 “User” means Natural person or juristic person who browses, or use any services through the Platform, whether or not, having purchased products of The Mall Group;
2.2 “Platform” means Website or Application providing online shopping services under management of The Mall Group;
2.3 “Website” means a website providing online shopping services under management of The Mall Group, e.g. GourmetMarketThailand.com, or under any other domain names;
2.4 “Application” means application on mobile, or other electronic devices providing online shopping services under management of The Mall Group, e.g. Gourmet Market or under any other names; and
2.5 “Business Day” means Monday to Friday which is not public holiday.
3. USE OF PLATFORM
3.1 Scope of Services
3.1.1 The Mall Group Co., Ltd (“Company”) is a service provider of Platform, namely, Gourmet Market, providing online shopping services, delivering and other related services through Platform within service area designated by the Company (hereinafter collectively referred to the ”Online Shopping Services” or the ”Services”).
3.1.2 Service area is limited within Thailand, of which depends on network of delivery service provided by couriers specified on the Platform. Any Services outside service area is not available.
3.1.3 Services are only available to User who is fully 12 years of age or above.
3.2 Prohibited Actions
You agree not to do the following actions, and accept that the Company is entitled to immediately suspend the Services, or suspend or terminate your User account when you are in breach of these conditions:
3.2.1 interfere or disable any security-related features of the Platform, or features that prevent or restrict use or copying of the content accessible via the Platform;
3.2.2 fake or use personal data or identity of other person, or information of any entity without authorization for accessing or using the Services, including misrepresentation that you are acting on behalf of an individual, entity or organization, or provide false information about User account;
3.2.3 use the Platform to upload, post, send, or transmit or otherwise make available any spam, junk mail, chain letters, or any other software which would harm the Platform;
3.2.4 upload any data into the Platform such as document, image, photo, video, or software that you know or should know to have a virus or other things with similar nature, or act in any way that interfere or damage the Platform, or mobile devices of other Users, or affect other Users’ use of the Platform;
3.2.5 use the Platform for any illegal purpose, or any purposes which may lead to unlawful action, or infringement of Intellectual Property, whether having been registered or not, or other rights of The Mall Group or third party under the law of Thailand or other countries;
3.2.6 modify, interfere with, intercept, disrupt, hack or interrupt the use of the Platform and/or other Users or any action that obstructs other Users;
3.2.7 collect any data from the Platform in violation of this Terms of Use or in the absence of prior permission from The Mall Group;
3.2.8 upload, provide, or promote any content that is harmful, immoral, contrary to public order, intimidating, obscene, deceitful, sneaky, shocking, offensive, politically concerned or motivated, derogatory to image of The Mall Group, or prohibited by the laws;
3.2.9 upload or provide any false content or comment towards other person, or personal data, confidential information, or content which is defamatory, sneaky, threatening to harm others, including shareholders, executives, and personnel of The Mall Group;
3.2.10 present advertising messages or content, or public relations content with the intent to encourage a purchase;
3.2.11 use the Platform other than the use in accordance with the usage policy which is accepted by the internet network according to international standards.
4. RETURN POLICY
4.1 Subject to the Company’s sole discretion and the conditions specified in this Clause 4 (Return Policy), for your maximum satisfaction, you may request for change or return of products within 7 (seven) business days from the date of receipt of such product.
4.2 Products in these categories cannot be changed or returned: swimwear, underwear, women’s accessories, cosmetics, book, pen refill, wig, and discounted items.
4.3 In changing or returning products, you must comply with return policy designated by the Company, and shall prepare relevant documents for instance, tax invoice or receipt, etc., products in the same condition as they were at the time of delivery, and all accessories including the packaging in perfect condition.
4.4 Procedures in Change or Return of Products
4.4.1 If products are defective, whether caused by manufacturing, or mistake of delivery, or wrong products, or wrong quantity, or you are not satisfied with the products, you may change or return them immediately after receiving them but not exceeding 7 (seven) business days. By doing so, the products must be in its original condition as they were at the time of delivery to you and the receipt or tax invoice must be declared as evidence for change or return.
4.4.2 After receiving your request in change or return, the Company will investigate and confirm your request within 7 (seven) business days. You are required to return the products, any accessories (if any), and all packaging in perfect condition to the Company through channels specified by the Company. After receiving the returned products, the Company will consider to approve the delivery of new products or refund products price including delivery fee to you within 15 (fifteen) days pursuant to the conditions specified in Clause 4.5.
4.4.3 In case you request for a return and refund of products, all prize, gift, reward, discount coupon, or any other items you received from purchasing the products must be returned to the Company together with the products.
4.4.4 In case of return, the Company will recall M Point, credit card point, discount coupon and/or other points (if any) you received from purchasing order or sale and purchase agreement which was terminated.
4.4.5 In case of return for the purchasing order which contains multiple products and a discount code or discount coupon has been applied, the system will recalculate that discount. As a result of which you may not receive that discount, or there may be additional charges according to the terms and conditions of such the discount code or discount coupon.
4.4.6 You acknowledge and agree to the return policy as set out in this Terms of Use which is currently in effect and may be amended from time to time in the future without prior notice.
4.5 Refund for Returned Products
4.5.1 Upon approval of products return, the Company will refund you within 15 (fifteen) days upon the receipt of the returned products by the Company based on the following conditions;
(i) Payment by Bank Card, the Company will refund you the amount received through the Platform only, excluding interest, fee, or any other fee directly charged or may be charged by bank to User. The refund will be made through the bank card account which is varied according to the terms of payment service provider and/or bank, but not exceeding 2 (two) billing cycles
(ii) Payment by money transfer, the refund will be made through the bank account that was used for payment only. Other bank account is not allowed.
(iii) Payment via other channels, the refund will be made through the bank account that was used for payment, or the bank account with account name identical to the User’s name only as specified by the Company.
4.5.2 The Company will not refund in cash in any case.
5. INTELLECTUAL PROPERTY
5.1 The Mall Group is the owner of copyrights, patents, trademarks, service marks, marks, tradenames, business names, domain names, logos, signs, and other contents contained on the Platform, including other rights which are identical or similar to those rights, e.g., photos, graphic works, emblems, layout of Platform and all wording(“Intellectual Property”), whether currently enforceable or in the future, whether such rights having been registered or may be registrable, including registration application and the rights to apply for registration and renewals and extensions thereof, both in Thailand and overseas.
5.2 Unless having obtained prior written consent from The Mall Group, you are strictly prohibited to use, reproduce, display, publish, modify, download and store in the data recovery system, disassemble, or change Intellectual Property of The Mall Group, whether directly or applying with other works, including but not limited to any modification of product photos on the Platform.
6. LINKAGE WITH OTHER PLATFORMS
6.1 The Company may link certain contents with other websites and/or applications on the internet operated by third party which is not under the control of the Company whereby the Company shall not be liable for any errors, damages or inaccuracies in any circumstance including any document or information referred to therein as a result of accessing and using those websites and/or applications. In this regard, you agree that accessing and using those websites and/or applications through the linked contents are entirely at your own risk.
6.2 Any linkage on the Platform is not intended for endorsement or recommendation by the Company and does not mean that the Company is associated with those linked websites and/or applications. Neither the Company shall be responsible for the content of the websites and/or applications linked to the Platform, nor any damages arising out of such linkage in any circumstance.
6.3 If you share any content to other platforms, you are required to review the terms and conditions of other websites and/or applications to which you wish to share content, which may prohibit you from sharing certain content on the Platform to such other websites and/or applications.
6.4 You are not entitled to any advertising-related fees and/or commissions, or any other information used in the advertisement for products and/or services of The Mall Group, or those of third-party vendors on the Platform.
7. REPRESENTATIONS AND WARRANTIES
The Company will investigate, monitor and carry out various activities in order to ensure that Online Shopping Services of Platform will be accurate and continuously available. However, the Company makes no warranty in this respect, and accordingly, shall not be liable for any errors, omissions or technical problems, or any malfunctions that may occur during the use of Platform in any circumstance. You acknowledge and agree that:
7.1 Provision of Online Shopping Services is subject to this Terms of Use and on “as-is” basis of the Platform. The description or image of products on Platform is presented as accurate as possible, however, the Company cannot warrant that the description or image of products on Platform will be error-free.
7.2 The Company makes no warranty that the functions of Platform shall be uninterrupted, error-free, defect-free, or virus-free.
7.3 The Company makes no any express or implied warranty on the Platform in any circumstance, including for any accuracy, suitability, usability, and completeness of any information displayed on the Platform. This includes no liability for information or facts posted on the Platform by business partners, or external service providers, or any other sponsors.
7.4 Any advice or information received from The Mall Group, shareholders, directors, employees and representatives of The Mall Group, whether verbally or in writing, does not constitute a warranty of Online Shopping Services and related services provided by the Company.
8. INDEMNITY
If you are in breach of this Terms of Use and causes The Mall Group, shareholders, directors, employees or executives of The Mall Group or other person damaged, either directly or indirectly, you agree to be responsible for any damages and expenses incurred to The Mall Group, shareholders, directors, employees or executives of The Mall Group or other person who has suffered such damage.
9. LIMITATION OF LIABILITY
9.1 The Company shall in no event be liable for any damage, whether direct or indirect, arising from the use of Online Shopping Services and related services, or any loss of income resulting from your actions, your agent or any person related to you.
9.2 In no circumstance the Company shall be liable for any indirect damages, or consequential damages, or special damages, or the loss of your income.
9.3 The Company shall in no event be liable for any damage arising from failure of function, inability to access, delay in access, error, omission, interference, virus, software problem, or hardware problem (including but not limited to loss of data, or connection problems), theft, destruction, or change of the Platform, whether caused by terrorist, negligence, or any action both direct or indirect from access to Platform, use of Platform, or download, or disseminate information, text, images or other things, or bringing information to, or from the Platform.
9.4 The information provided on the Platform is for reference only. The Company shall not be liable for any damage resulting from the use of Online Shopping Services and related services, or by referring to the information displayed on the Platform, or connected to the Platform and the Company shall not be responsible for any errors, inaccuracy, or incomplete of all content displayed on the Platform. This includes, but is not limited to, information about ownership, quality, usability, suitability for purpose, location, video, voice message, data, text, images, programs used on the computer graphics displayed on the Platform.
10. MISCELLANEOUS
10.1 Assignment
The Company reserves the rights to delegate other persons to perform various actions in relation to the Online Shopping Services on its behalf, and to assign rights and/or obligations, in whole or in part, in connection with this Terms of Use to affiliates or third party without prior notice or having to obtain your prior consent.
10.2 Conflict
In case there is any conflict between any other terms and conditions or any policy with this Terms of Use, you are required to adhere to this Terms of Use in the first place, unless the Company has directed otherwise, and the Company’s discretion in this respect shall be final.
10.3 Waiver
The Mall Group’s failure to exercise any rights or remedies shall not constitute a waiver of such rights or remedies under this Terms of Use or remedies or exercising other rights under the laws unless such waiver is made in writing and signed by an authorized person of The Mall Group.
10.4 Severability
In the event that any part of this Terms of Use is incomplete, void, lawfully unenforceable, or illegal, the remaining terms and conditions shall remain in full force and effect.
11. CONTACT CHANNEL
If you need help, or wish to cancel User Account, or to notify your request, recommendations about Online Shopping Services, please contact Customer Service Center at 1480 every day during business hours between 09.00 AM. – 08.00 PM.
PART II
Privacy Policy
Published on 22 March 2021
The Mall Group is a leading retail business operator in Thailand that adheres to ethical business conducts and compliance with applicable legal standpoint. The Mall Group is aware of the importance of the protection of your Personal Data. Therefore, The Mall Group hereby announces this Privacy Policy (“Policy”) to prescribe the direction and processes The Mall Group undertakes pertaining to your Personal Data, for instance, to collect, retain, use or disclose such data with high standard and strict processes in order to safeguard your Personal Data from unauthorized access, use, modification or disclosure, and to assure that such processes shall uphold your rights under the Personal Data Protection Act B.E. 2562 (“PDPA”).
The Mall Group suggests that you thoroughly read this Privacy Policy prior to giving Personal Data to The Mall Group including to understand your rights and protection under PDPA at www.gourmetmarketthailand.com/support/term-and-condition/privacy-policy
