Terms & conditions
Use of the PassionDelivery website
All orders and purchases made on the PassionDelivery website will also be governed by the Terms and Conditions of the specific shop(s) you are purchasing from.
These terms and conditions do not affect your statutory rights.
We reserve the right to revise these Terms and Conditions from time to time. Please check periodically for changes. These Terms and Conditions were most recently updated on 20 August 2014.
To register with PassionDelivery you must be eighteen years of age or over or, if you are a business, you must be operated by a person over eighteen years of age.
It is your responsibility to ensure that the details provided by you on registration and at any time thereafter are complete and accurate.
Your account with PassionDelivery is not a credit account and payment will be required upon confirmation of your order.
It is your responsibility to keep your password confidential. You will be responsible for all activities and orders that occur or are submitted under your password. If you have any concerns that someone else knows your password, please contact us immediately.
The auto-login facility is provided for your convenience. We recommend that you logout manually whenever you leave the site.
We may require you to change your password or suspend or cancel your account if we have reason to believe that there is likely to be or has been a breach of security or misuse of the PassionDelivery website.
Ordering a product via the PassionDelivery website carries with it the obligation to pay for it unless we receive from you a cancellation of or change to your orders before midday on the day of delivery. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before the published deadline.
At all times, acceptance of an order takes place on despatch of the order, at which point the purchase contract(s) will be made between you and the relevant shops(s) and you will be charged for your order. You will receive confirmation by email that your order has been despatched.
All products are subject to availability and market conditions.
For each item you order, you may select a substitute in the event that it is not available, request that the shop from which you are purchasing select a substitute for you (this will be the default option unless you specify otherwise), or opt to receive no substitute.
The price of the goods will be the price at the time your order is despatched.
Where items are sold by weight, the price of these items will be the price on the date they are weighed. Any average weight guides on the website are for guidance only; the weight you receive may vary significantly from this guide and the price you will be charged will be for the weight of the product delivered.
The prices stated on the website are inclusive of any VAT payable.
We will make delivery to your address as stated when you set up an account or update that address. If you change address you must notify us so that we deliver to the correct address. Any changes to address details must be made before the order deadlines published on our website. You can do this on the My Account page of the website.
You are responsible for making suitable arrangements to receive your delivery and for giving us appropriate instructions. In the event that you instruct us to leave a delivery unattended at your address or fail to be present to receive the delivery, we disclaim all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
We reserve the right not to deliver to all locations and to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal.
If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, we cannot accept liability for any inconvenience or loss that this causes. You will of course not be charged for any goods that are not delivered to you.
You will not be charged for incorrect products or products which we have not delivered in accordance with these Terms and Conditions. Otherwise our liability is limited to the price of the incorrect products or the products not so delivered.
You must inspect the products as soon as possible after delivery and notify us promptly if you find any defects. You will be refunded for any defective products or receive a replacement product. Otherwise our liability is limited as provided in these Terms and Conditions.
You may request a refund once the delivery hour has passed and for 24 hours thereafter. We will investigate the issue and confirm to you whether your request has been successful.
Your order may include a charge for delivery. This will be shown to you as a separate charge before you confirm your order.
We accept payment by bank transfer and cash on delivery.
We reserve the right to terminate our agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage.
You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than 1000 baht. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.
Your credit card and payment details (when our website starts to accept credit card payments) will be held by Secure Trading, our trusted and secure payment provider, who will store all data in an encrypted format. We will not keep a record of your card details on this site.
Credit card charge (once our website starts to accept credit card payments)
In order to keep prices the same as in the shops, we may pass on a credit card charge of 4% of the value of the order to the customer. There is no charge to use a debit card.
Changes to and cancellation of orders
Except where products require additional notice, you may amend or cancel your order at any time prior to 9:30am on the day of your delivery. Where products require additional notice, you may amend or cancel your order at any time prior to the deadline specified for ordering those products. We reserve the right to charge you in full for products where amendments or cancellations are made with less than the minimum notice required.
In respect of non-perishable items, you have the right to cancel the contract at any time until the expiry of the seventh working day after the date of delivery of the goods by notifying us by telephone or e-mail.
In the case of perishable items you do not have the right to cancel the contract. Should you wish to cancel your order after the cut off period but prior to the time of delivery, we shall be entitled to charge you in full for an amount equal to the price of the perishable items contained in your order.
We will arrange with you for cancelled non-perishable goods to be returned to us, and we will credit your payment card with the price of such goods within a reasonable period from the day on which cancellation was given (provided payment has already been debited from your payment card).
Any specific terms and conditions applicable to special offers are provided with those offers. Unless otherwise stated or agreed, special offers will apply to orders of 2000 baht or more. Unless otherwise stated or agreed, special offers will apply to orders made throughout the year other than to orders placed for delivery in the two weeks before Christmas. Free delivery on first orders will apply to orders made throughout the year other than during Christmas week.
No warranties or guarantees are given by PassionDelivery except as set out in these terms and conditions.
The PassionDelivery website is provided by PassionDelivery without any warranties or guarantees of any kind. You acknowledge that you bear the risks associated with the use of the internet.
While we take reasonable steps to ensure the accuracy of the information accessed via this site, we cannot guarantee or give any warranty as to the accuracy of information or material appearing on it. We have no obligation to verify the content of material supplied by third parties and do not endorse, support, represent or guarantee the accuracy, truthfulness or reliability of any material supplied by third parties. If PassionDelivery is informed of any inaccuracies in the material on the website we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
- Technical problems including errors or interruptions of the PassionDelivery website;
- Incompatibility of the PassionDelivery website with any of your equipment, software or telecommunications links;
- Unsuitability, unreliability or inaccuracy of the PassionDelivery website but we will take reasonable care to ensure information there is accurate;
- Errors, viruses, worms or "Trojan horses";
- Inadequacy of the PassionDelivery website to meet your requirements.
You agree that we will not be liable to you or any third party for:
- Any direct, indirect, consequential or incidental damages;
- Loss of revenue, loss of profits, loss of anticipated savings, loss of business or wasted expenditure (whether direct, consequential, incidental or indirect);
- Any other loss or damages, whatsoever that arise out of or are related to the PassionDelivery website.
Our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.
We will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
We shall collect, process, store, and transfer your personal data in compliance with the relevant Thailand data protection legislation and regulation. We shall have no liability to you for loss or damage to data except strictly as required by that legislation and regulation.
Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.
PassionDelivery has a close working relationship with the shops whose products it makes available for sale on its website. However, the companies do not have any liability for each other's obligations nor are they jointly or severally liable for any legal purposes.
Copyright and intellectual property
The PassionDelivery website and all materials, copy, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files are protected by copyright, trade marks and other intellectual property rights owned by us or licensed to us.
You may view the content of this website but the content must not be used, reproduced, copied, modified or distributed for any other purpose including or in connection with another website or for commercial purposes without written permission from PassionDelivery.
Any links to this website must be notified to and approved by us before they are created.
You may not use the PassionDelivery website for any of the following purposes:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice
- Gaining unauthorized access to other computer systems
- Interfering with any other person's use or enjoyment of the PassionDelivery website
- Breaching any laws concerning the use of public telecommunications networks
- Interfering or disrupting networks or websites connected to the PassionDelivery website
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
PassionDelivery reserves the right to refuse to post material on the PassionDelivery website or to remove material already posted on the PassionDelivery website.
You agree to indemnify us against all losses, liabilities and expenses reasonably suffered or incurred by us as a result of your use of the PassionDelivery website otherwise than in accordance with the above provision.
We respect your privacy. The personal information that you give us is held with care and security. We do not sell, rent or transfer this information to third parties for their marketing purposes unless you agree otherwise.
We aim to provide the best possible service to you at all times. If you have any comments or complaints, please contact us by email at firstname.lastname@example.org
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these conditions.
If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
These terms and conditions are governed by Thailand law and the parties submit to the exclusive jurisdiction of the Thailand courts in relation to any dispute that may arise between them.
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