1. INTRODUCTION
This document (together with the documents
mentioned herein) establishes the general terms and conditions that govern the
use of this website (www.madebylegacy.com) and the purchase of products on it
(hereinafter referred to as the "Conditions"). We urge you to read
the Conditions, our Cookies Policy and our Privacy Policy carefully before
using this website. By using this website or placing an order on it, you agree
to be bound by these Conditions. If you don’t agree with the Conditions, do not
use this website. These Conditions may be modified from time to time as set out
in clause 26. Please check these terms regularly as the current Conditions in
force at the time of use and/or purchase on our website shall be binding on
you. Any use of the website after such Conditions have been modified shall
constitute your consent to such Conditions The Contract (as defined below) may
be executed, at your choice, in any of the languages in which the Conditions
are available on this website.
2. OUR DETAILS
Sale of goods through this website is carried
out under the name Made By Legacy owned and controlled by MBL BY MADE BY LEGACY
CO., LTD., a company with the Juristic Person Registration number
0105563142956.
3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
When you use this website, you agree to the
processing of the information and details and you state that all information
and details provided are true and correspond to reality.
4. USE OF OUR WEBSITE
When you use this website and place orders
through it, you agree to:
i. Use this website to make enquiries and
legally valid orders only.
ii. Not to make any false or fraudulent
orders. If an order of this type may reasonably be considered to have been
placed, we shall be authorized to cancel it and inform the competent
authorities.
iii. Provide us with your email address,
postal address and/or other contact details truthfully and exactly. You also
agree that we may use this information to contact you in the context of your
order if necessary (see our Privacy Policy).
If you do not provide us with all the
information we need, you cannot place your order. When you place an order on
this website, you state that you are over the age of 18 and are legally
eligible to enter into binding contracts.
5. SERVICE AVAILABILITY
Delivery service for the articles offered on
this website is available worldwide.
6. FORMALIZING THE CONTRACT
The information set out in the Conditions
and the details contained on this website do not constitute an offer for sale
but rather an invitation to treat. No contract in respect of any items shall
exist between us and you until your order has been accepted by us (whether or
not funds have been deducted from your account). If we do not accept your offer
and funds have already been deducted, these will be fully refunded. To place an
order, you must follow the online purchasing procedure and click on
"Authorize payment" to submit the order. After doing so, you will
receive an email from us confirming receipt of your order (the "Order
Confirmation"). Please note that this does not mean that your order has
been accepted. Your order constitutes your offer to us to purchase one or more
items from us. All orders are subject to acceptance by us, and we will confirm
such acceptance to you by sending you an e-mail that confirms that the item has
been dispatched (the "Delivery Confirmation").
The contract for the purchase of an item
between us (the "Contract") will only be formed when we send you the
Delivery Confirmation. The Contract will relate only to those items whose
dispatch we have confirmed in the Delivery Confirmation. We will not be obliged
to supply any other items which may have been part of your order until the
dispatch of those items has been confirmed in a separate Delivery Confirmation.
These Conditions and the Contract constitute a written agreement between us,
and a copy of the Conditions will be accessible by you through a link attached
in the e-mail with the Order Confirmation.
7. TECHNICAL MEANS TO CORRECT ERRORS
In case you detect that an error occurred
when entering your personal data during your registration as a user of this
website, you can modify them in the section "My Account". In any
case, you will be able to correct errors related to the personal data provided
during the purchase process by contacting the Customer Service via the email
address madebylegacy@gmail.com. This website displays confirmation boxes in
various sections of the purchase process that do not allow the order to
continue if the information in these sections has not been correctly provided.
Also, this website offers details of all the items you have added to your
shopping cart during the purchase process, so that before making the payment,
you can modify the details of your order. If you detect an error in your order
after the completion of the payment process, you should immediately contact our
customer service.
8. AVAILABILITY OF PRODUCTS
All product orders are subject to
availability. Along this line, if there are difficulties regarding the supply
of products or there are no more items left in stock, we reserve the right to
provide you with information on substitute products of the same or higher
quality and value that you may order. If you do not wish to order the
substitute products, we will reimburse any amount that you may have paid.
9. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product
from this website at any time and to remove or modify any material or content
from the same. Although we will always do everything possible to process all
orders, there may be exceptional circumstances that force us to refuse to
process an order after having sent the Order Confirmation. We reserve the right
to do so at any time. We shall not be liable to you or to any third party for
removing any product from this website, or for removing or modifying any
material or content from the website or not processing an order once we have
sent the Order Confirmation.
10. DELIVERY
Notwithstanding Clause 8 above regarding
product availability and except for extraordinary circumstances, we will
endeavor to send the order consisting of the product(s) listed in each Delivery
Confirmation prior to the date indicated in the Delivery Confirmation in
question or, if no delivery date is specified, in the estimated timeframe
indicated when selecting the delivery method and, in any case within a maximum
period of 30 days from the date of the Order Confirmation. Nonetheless, there
may be delays for reasons such as the occurrence of unforeseen circumstances or
the delivery zone. If for any reason we are unable to comply with the delivery
date, we will inform you of that situation and we will give you the option to
continue with the purchase, establishing a new delivery date, or cancel the
order with full reimbursement of the amount paid. Keep in mind in any case that
we do not make home deliveries on Saturdays, Sundays or public holidays. For
the purpose of these Conditions, the "delivery" shall be understood
to have taken place or the order "delivered" as soon as you or a
third party indicated by you acquires physical possession of the goods, which
will be evidenced by the signing of the receipt of the order at the delivery
address indicated by you ("Delivery").
11. INABILITY TO DELIVER
If it is impossible for us to deliver your
order, we will attempt to find a safe place to leave it. If we cannot find a
safe place, your order will be returned to our warehouse. We will also leave a
note explaining where your order is located and what to do to have it delivered
again. If you will not be at the place of delivery at the agreed time, we ask
you to contact us to organize delivery on another day. If after 30 days from
the date your order is available for delivery, the order could not be delivered
for reasons not attributable to us, we shall assume that you wish to cancel the
Contract and it will be terminated. As a result of the termination of the
Contract, we will return to you all payments received from you, including
delivery charges (except for any additional charges resulting from your choice
of any delivery method other than the ordinary delivery method that we offer)
without any undue delay, and at any rate, within 14 days of the date on which
this Contract has been terminated.
Please keep in mind that transport derived
from the termination of the Contract may have an additional cost which we will
be entitled to pass on to you.
12. TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS
The products shall be under your
responsibility from the moment of delivery to you (or a third party nominated
by you) as outlined in Clause 10 above. You will take ownership of the products
when we receive full payment of all amounts due, including delivery charges, or
at the moment of delivery (as defined in Clause 10 above), whichever is the
later.
13. PRICE AND PAYMENT
The price of the products will be as
stipulated at all times on our website, except in the case of an obvious error.
Although we make every effort to ensure that the prices featured on the website
are correct, error may occur. If we discover an error in the price of any of
the products that you have ordered, we will inform you as soon as possible and
give you the option of confirming your order at the correct price or cancelling
it. If we are unable to contact you, the order will be considered cancelled and
all amounts paid will be reimbursed to you in full. We are not obliged to
provide you with any product at the incorrect lower price (even when we have
sent the Delivery Confirmation) if the error in the price is obvious and
unmistakable and could have reasonably been recognized by you as an incorrect
price. The prices on the website include VAT, but exclude delivery charges,
import taxes and duty. Prices may change
at any time, but (other than as set out above), changes shall not affect the
orders for which we have sent an Order Confirmation.
Once you have selected all articles that you
wish to buy, they will be added to your basket. The next step will be to
process the order and make the payment. To that end, you must follow the steps
of the purchase process, indicating or verifying the information requested in
each step. Furthermore, throughout the purchase process, before payment, you
can modify the details of your order. You are provided with a detailed
description of the purchase process in the Shopping Guide. Also, if you are a
registered user, a record of all the orders placed by you is available in
"My Account" area.
You may use, as payment method, the
following cards: Visa, MasterCard, American Express and Bank transfer (for
Thailand only) To minimize the risk of non-authorized access, your credit card
details will be encrypted. Once we receive your order, we request a
pre-authorization on your card to ensure that there are sufficient funds to
complete the transaction. The charge on your card will be made at the end of
the checkout. If your payment method is PayPal, the charge will be made when we
confirm your order. When you click "Authorize Payment ", you are
confirming that the credit card is yours. Credit cards are subject to
verification and authorization by the card issuing entity. If the entity does
not authorize the payment, we shall not be liable for any delay or failure to
deliver and we will be unable to conclude any Contract with you.
14. VALUE ADDED TAX
Pursuant to the prevailing rules and
regulations in force, all purchases done through the website are subject to
Value Added Tax (VAT).
15.
INTELLECTUAL PROPERTY
You recognize and agree that all copyright,
registered trademarks and other intellectual property rights on all materials
or contents provided as part of the website belong to us at all times or to
those who grant us the license for their use. You may use said material only to
the extent that we or the usage licensers authorize expressly. This does not
prevent you from using this website to the extent necessary to copy the
information on your order or contact details.
16. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not make undue use of this website
by intentionally introducing viruses, Trojans, worms, logic bombs or any other
software or technologically damaging or harmful material. You shall not attempt
to make unauthorized access to this website, the server on which the site is
hosted or any server, computer or database related to our website. You
undertake not to attack this website through any attack of denial of service or
an attack of distributed denial of service. Failure to comply with this Clause
shall be considered an infraction as defined under the applicable regulations.
We will report any failure to comply with this regulation to the corresponding
authorities and we will co-operate with them to determine the identity of the
attacker. Likewise, in the event of failure to comply with this Clause,
authorization to use this website shall be suspended immediately. We shall not
be held liable for any damage or harm resulting from a denial of service
attack, virus or any other software or technologically damaging or harmful
material that may affect your computer, IT equipment, data or materials as a
result of using this website or downloading content from the same or those to
which this site redirects you.
17. LINKS FROM OUR WEBSITE
If our website contains links to other
websites and third-party materials, said links are provided for information
purposes only and we have no control whatever over the content of those
websites or materials. Accordingly, we shall not accept any liability for any
damage or harm deriving from their use.
18. WRITTEN COMMUNICATION
Applicable regulations may require that some
of the information or notifications that we send to you be in written form. By
using this website, you agree that most of the communication with us will be
electronic. We will contact you by email or we will provide you information by
posting alerts on this website. For contractual purposes, you agree to use this
electronic means of communication and accept that all contracts, notifications,
information and other communication that we send you electronically complies
with the legal requirements of providing it in writing. This condition will not
affect your statutory rights.
19. NOTIFICATIONS
The notifications that you send us must be
sent preferably through the email address contact@madebylegacy.com. Pursuant to
the provisions in Clause 18 above and unless otherwise stipulated, we may send
you notifications either by email or to the postal address you provided us when
placing an order. It is understood that notifications will be received and
acted upon as soon as they are posted on our website, 24 hours after they have
been sent by email or three days after the postage date on any letter. As proof
that the notification has been sent it shall be sufficient to prove, in the
case of a letter, that it was correctly addressed, that the correct postage was
paid and that it was duly delivered to the post office or to a mail box; in the
case of an email, that the notification was sent to the email address specified
by the recipient.
20. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract is binding for both Parties, as
well as for our respective successors, transferees and heirs. You may not
transmit, cede, levy or in any other way transfer a Contract or any of the
rights or obligations derived from the same, without having obtained our written
consent in advance. We may transmit, cede, levy, subcontract or in any other
way transfer a Contract or any of the rights or obligations derived from the
same, at any time during the life of the Contract. To avoid any doubt, said
transmissions, cessions, levies or other transfers shall not affect the rights
that, as applicable, you have as a consumer recognised by law or cancel, reduce
or limit in any way the express and tacit warranties that we may have given
you.
21. EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance
or delay in compliance with any of the obligations we assume under a Contract
when caused by events that are beyond our reasonable control ("Force
Majeure"). Force Majeure shall include any act, event, failure to exercise,
omission or accident that is beyond our reasonable control, including, among
others, the following:
i. Strike, lockout or other forms of
protest.
ii. Civil unrest, revolt, invasion,
terrorist attack or terrorist threat, war (declared or not) or threat or
preparation for war.
iii. Fire, explosion, storm, flood,
earthquake, collapse, epidemic or any other natural disaster.
iv. Inability to use trains, ships,
aircraft, motorized transport or other means of transport, public or private.
v. Inability to use public or private
telecommunication systems.
vi. Acts, decrees, legislation, regulations
or restrictions of any government or public authority.
vii. Strike, failure or accident in maritime
or river transport, postal transport or any other type of transport.
It shall be understood that our obligations
deriving from Contracts are suspended during the period in which Force Majeure
remains in effect and we will be given an extension of the period in which to
fulfil these obligations by an amount of time equal to the time that the
situation of Force Majeure lasted. We will provide all reasonable resources to
end the situation of Force Majeure or to find a solution that enables us to
fulfil our obligations by virtue of the Contract despite the situation of Force
Majeure.
22. WAIVING RIGHTS
The lack of requirement on our part for
strict compliance on your part with any of the obligations assumed by you by
virtue of a Contract or of these Conditions or a lack of exercising on our part
of the rights or actions that correspond to us by virtue of this Contract or of
the Conditions shall not constitute the waiving or limitation of said rights or
actions, nor exonerate you from fulfilling said obligations. The waiving on our
part of a specific right or action shall not constitute the waiving of other
rights or actions derived from the Contract or from the Conditions. The waiving
on our part of any of these Conditions or of the rights or actions derived from
the Contract shall not take effect unless expressly stipulated that it is a
waiving of rights and is formalized and notified to you in accordance with the
provisions of the Notifications section above.
23. PARTIAL ANNULMENT
Should any of these Conditions or any
provision of a Contract be declared null and void by firm resolution from the
corresponding authority, the remaining terms and conditions shall remain in
effect without being affected by said declaration of annulment.
24. ENTIRE CONTRACT
These Conditions and any document referenced
in the same constitute the Entire Contract between the Parties as regards the
purpose of the same, replacing any previous pact, agreement or promise made
between the Parties verbally or in writing. The Parties acknowledge that we
have agreed to enter into the Contract without depending on any declaration or
promise made by the other Party or that could have been inferred from any
statement or document in the negotiations entered into by the two Parties prior
to said Contract, except those expressly mentioned in these Conditions. Neither
Party shall take any action regarding any untrue statement made by the other
Party, verbally or in writing, prior to the date of the Contract (unless said
untrue statement was made fraudulently). The only action that may be taken by
the other Party shall be due to breach of contract in accordance with the
provisions of these Conditions.
25. OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to review and modify these
Conditions at any time. You are subject to the policies and Conditions in
effect at the moment in which you use this website or place each order, except
when by law or decision of governmental entities we must make changes
retroactively to said policies, Conditions or Privacy Policy. In this case the
possible changes will also affect orders made previously by you.
26. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the product
purchase contracts through said website shall be governed by the Thai law. Any
controversy that arises or is related to the use of the website or said
contracts shall be subject to the non-exclusive jurisdiction of the Thai
courts. If you are entering into the contract as a consumer, nothing in this
Clause shall affect the statutory rights you have, as recognized in any
applicable legislation in this area.
27. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always
welcome. Please send any comments and suggestions by sending an email to
contact@madebylegacy.com.
