Terms & Conditions
1. Definitions and Governing Law
In thisAgreement the following words and expressions shall have the meanings ascribedto them unless the context otherwise requires: Metalscream4x4.com, hereaftertermed “Metalscream4x4 Products” is an online The Website wholly owned by MetalScream 4x4 Shop and all references to Metalscream4x4 Products is deemed torepresent Metal Scream 4x4 Shop with respect to the terms and conditions ofsales stipulated here.
“Website”is defined as the website www.metalscream4x4.com, operated by Metal Scream 4x4Shop. Governing law: These Terms & Conditions of Sale shall be governed by,and construed in accordance with the laws of Thailand and you hereby submit tothe exclusive jurisdiction of the Courts of Thailand.
2.Purchase of Products
2.1Your compliance: You agree to comply with any and all the guidelines, notices,operating rules and policies and instructions pertaining to the purchase ofProducts through the Metalscream4x4 Products.
Metalscream4x4Products reserves the right to revise these guidelines, terms and conditions,and/or instructions at any time and you are deemed to be aware of and bound byany changes to stipulated here on The Website.
2.2Product description: While Metalscream4x4 Products endeavours to provide anaccurate description of the Products, Metalscream4x4 Products does notguarantee that such description is accurate, current or free from error. In theevent that the Product you receive is fundamentally different from the Productas described on the The Website and which you have ordered, Clause 6 of theseTerms & Conditions of Sale shall apply.
2.3.Products are sold by Metalscream4x4 Products, and agreements are entered intodirectly and only between Metalscream4x4 Products and you.
2.4Placing your Order: You may place an Order by completing the Order form on theThe Website a confirmation of order will be shown on The Website. Inexceptional cases we may at our discretion accept direct orders via differentforms of instant messaging such as LINE, Facebook Messenger or otherapplications. However, by doing so, you accept that all terms and conditionsstipulated here on The Website will be valid and binding.
2.5Orders are irrevocable and unconditional: All Orders will be deemed to beirrevocable and unconditional upon transmission through the The Website and Metalscream4x4Products shall be entitled (but not obliged) to process such Order(s) withoutyour further consent and without any further reference or notice to you. Orderswill only be shipped after Metalscream4x4 Products receives confirmation ofyour payment via our approved payment channels.
2.6 Nocondition is made or to be implied nor is any warranty given or to be impliedas to the shelf life the Products supplied and the expiry date of the Productis given as a reference only. As for all food products, the way it is storedhas a direct influence on the shelf life of the product and you are advisedmake your own judgement on the freshness of the product throughout the period ofstorage and consumption.
2.7Should the Products be of unsatisfactory quality upon receipt of the product,please refer to Clause 6 of the Terms and Conditions of Sale.
2.8 Metalscream4x4Products shall be under no liability for the following measures and actions takenby the Customer or third parties and the consequences thereof: improper remedyof defects, alteration of the Products without the prior agreement of Metalscream4x4Products, addition and insertion of any ingredients not stipulated by Metalscream4x4Products.
2.9 Allagreements specifically regarding the modification of the Products as such mustbe written, signed by a company authorized representative with company stamp.No other forms, oral or written, including email or any instant messengerservice will be considered binding.
2.10 Metalscream4x4Products is not liable for any Losses suffered by the Customer, any third partydirectly or indirectly caused by improper storage, handling or alterations ofthe Products without Metalscream4x4 Products’s prior written approval and theCustomer shall indemnify Metalscream4x4 Products against all Losses arising outof such claims;
2.11Unless the prior written consent of Metalscream4x4 Products has been obtained,the Customer shall not remove or alter the trade marks, logos, copyrightnotices, serial numbers, labels, tags or other identifying marks, symbols orlegends affixed to any Products, nor can the Customer use it for any otherpurpose not approved by Metalscream4x4 Products.
3.Delivery of Products, Transfer of Risk or Losses or Damages
3.1Address: Delivery of the Products shall be made to the address you specify inyour Order.
3.2Delivery & packing charges: Delivery and packing charges shall be as setout in the Order.
3.3Tracking: You may track the status of the delivery via Thailand Post if EMSservice has been chosen. Metalscream4x4 Products does not accept responsibilityof the accuracy of the tracking service offered by Thailand Post.
3.4Delivery timeframe: You understand and acknowledge that the delivery of theProducts is subject to availability of the Products. Metalscream4x4 Productswill make every reasonable effort to deliver the Product to you within thedelivery timeframe stated on the relevant page on which the Product is listed,but you acknowledge that while product availability on the The Website isupdated consistentlu, it is possible that in some instances a Product maybecome unavailable between updates. All delivery timeframes given are estimatesonly and delays can occur. If the delivery of your Product is delayed Metalscream4x4Products will inform you accordingly via e-mail and your Product will bedispatched as soon as it becomes available. The time for delivery shall not beof the essence, and Metalscream4x4 Products shall not be liable for any delayin delivery howsoever caused.
3.5Deemed receipt: In the event you do not receive the Product by the projecteddelivery date and provided that you inform Metalscream4x4 Products within 3days immediately from such projected delivery date, Metalscream4x4 Productswill try, to the best of our ability, to locate and deliver the Product. If Metalscream4x4Products does not hear from you within 3 days from such projected deliverydate, you shall be deemed to have received the Product.
3.6Voucher from Metalscream4x4 Products: If there is a delay in delivery of theProducts, Metalscream4x4 Products may in its sole discretion offer a Voucher tothe Customer. Upon the acceptance of a Voucher by the Customer, the Customershall have no further claim against Metalscream4x4 Products.
3.7Customer’s failure to take delivery: If the Customer fails to take delivery ofthe Products (otherwise than by reason of any cause beyond the Customer'sreasonable control or by reason of Metalscream4x4 Products’s fault) thenwithout prejudice to any other right or remedy available to Metalscream4x4Products, Metalscream4x4 Products may terminate the Customer Contract.
3.8 Theownership of the Products supplied by Metalscream4x4 Products shall pass to theCustomer, provided that the relevant price has been fully cashed by Metalscream4x4Products.
3.9Unless the stated otherwise in a written agreement from Metalscream4x4 Products,any risk of loss or damage to the Products shall pass to the Customer ondelivery. Consequently, should a loss or damage occur to any product afterdelivery, the said loss or damage shall remain with the Customer, not affectingMetalscream4x4 Products’s right to claim any amount still due from the Customerin connection with the delivery of the Products in respect of which losses ordamages have been occurred.
4.1List Price: The price of the Products payable by a Customer shall be theListing Price at the time at which the Order placed by the Customer through theThe Website.
4.2Taxes: All Listing Prices are subject to taxes, unless otherwise stated. Metalscream4x4Products reserves the right to amend the List Prices at any time without givingany reason or prior notice.
5.1General: You may pay for the Product using any of the payment methodsprescribed by Metalscream4x4 Products from time to time.
Allpayments shall be made to Metalscream4x4 Products, accepting payment in its ownright.
5.2Additional terms: The payment methods may be subject to additional terms asprescribed by Metalscream4x4 Products from time to time.
5.3Payment methods: You agree that you are subject to the applicable useragreement of your payment method. You may not claim against Metalscream4x4Products, for any failure, disruption or error in connection with your chosenpayment method. Metalscream4x4 Products reserves the right at any time tomodify or discontinue, temporarily or permanently, any payment method withoutnotice to you or giving any reason.
5.5Failure to pay: If the Customer fails to make any payment pursuant to the termsand conditions of the payment method elected or payment is cancelled for anyreason whatsoever, then without prejudice to any other right or remedyavailable to Metalscream4x4 Products, Metalscream4x4 Products shall be entitledto cancel the Customer Contract or suspend delivery of the Products untilpayment is made in full.
5.6Refund of Payment:
(a) All refunds shall be made via the original payment mechanism and to theperson who made the original payment.
(b) Metalscream4x4 Products offer no guarantee of any nature for the timelinessof the refunds reaching your account. The processing of payment may take timeand it is subject to the respective banks and/or payment provider internal processingtimeline.
(c) All costs associated with the refund process imposed by the processing bankand/or payment provider shall be borne by Metalscream4x4 Products.
(d) All refunds are conditional upon our acceptance of a valid return of theProduct, that must remain unopened in its original packaging.
(e) We reserve the right to modify the mechanism of processing refunds at anytime without notice.
6.1Return Policy: All returns must be sent to the correct business address of Metalscream4x4Products that is listed on The Website.
6.2Permitted returns: Subject to Clause 6.1, within 14 days from the date ofdelivery of the Product, you may return a Product when you:
6.2.1receive a product that is fundamentally different in nature from the Productspecified in the Customer Contract; or
6.2.2receive a faulty or damaged Product.
6.3Replacement Products: When Metalscream4x4 Products has provided replacementProducts or given the Customer a refund, the non-conforming Products shallbecome property of Metalscream4x4 Products and upon request such Productsshould be shipped back to Metalscream4x4 Products at Customer’s cost.
6.4Risk of damage or loss: Risk of damage to or loss of the Products shall pass tothe Customer at the time of delivery, or if the Customer wrongfully fails totake delivery of the Products, the time when Metalscream4x4 Products hasprovided for the delivery of the Products.
7.Questions and complaints
If youhave any questions or complaints, please contact Metalscream4x4 Products at firstname.lastname@example.org.
8.1Cancellation by you: You may cancel the Customer Contract before Sellerdispatches the Products under such Customer Contract by written notice to Metalscream4x4Products at www.Metalscream4x4 Products.co.th/contact. If the Products havealready been dispatched, you may not cancel the Customer Contract but may onlyreturn the Products in accordance with Clause 6.
8.2Cancellation by Seller: Without prejudice to any other right of terminationelsewhere in these Terms & Conditions of Sale, Metalscream4x4 Products maystop any Products in transit, suspend further deliveries to the Customer and/orterminate the Customer Contract with immediate effect by written notice to theCustomer on or at any time after the occurrence of any of the following events:
8.2.1the Products under the Customer Contract being unavailable for any reason;
8.2.2the Customer being in breach of an obligation under the Customer Contract;
9.Maximum liability, limitation and exclusions.
9.1.Notwithstanding any other provision of these terms & conditions of sale noron The Website of Metalscream4x4 Products, you acknowledge that the maximumcumulative liability to you or any other party for all losses arising out of,or relating to the sale of the products under each customer contract will notexceed the sums that you have paid to Metalscream4x4 Products under suchcustomer contract.
9.2.Exclusion of liability. Metalscream4x4 Products shall not be held liable to youor any other party affected by the sale of products to you for any losseswhatsoever, irregardless of how it was caused, arising directly or indirectlyin relation to
(i) The sale of the products to you, its use, its consumption, or its resale byyou
(ii) Any damages, deterioration of quality, or any other issue that affects thecondition of the Products arising from willful damage, misappropriation, poorstorage not according to recommendations as stipulated in The Website,accident, alterations and modifications of the Products, or negligent handlingof the Products.
10.1Any dispute, controversy or claim arising out of or relating to this contract,or the breach, termination or invalidity may be settled by arbitration inaccordance with the Rules for Arbitration of the Thai Arbitration Institute(TAI). The arbitral tribunal shall consist of a sole arbitrator, to beappointed by the Chairman of the TAI. The place of arbitration shall beBangkok. Any award by the arbitration tribunal shall be final and binding uponthe parties.
10.2Amendments: Metalscream4x4 Products reserves the right to modify and amend theterms and conditions, the pricing, the delivery terms, or any other termsrelated to the mixing, sale, and delivery of the Products at any time withoutprior notice.
10.3Correction of errors: Any typographical, clerical or other error or omission inany acceptance, invoice or other document on Metalscream4x4 Products’s partshall be subject to correction without any liability on Metalscream4x4 Products’spart.
10.3The currency for all transactions, unless otherwise explicitly stated, is inThailand Baht.
10.4Language: In all cases, the Terms & Conditions of Sale the English languageversion of these Terms & Conditions of Sale shall govern and shall takeprecedence over that of Thai language or any other languages.
10.5Entire agreement: These Terms & Conditions of Sale shall constitute theentire agreement between you and Seller relating to the subject matter hereofand supersedes and replaces in full all prior understandings, communicationsand agreements with respect to the subject matter hereof.
10.6Binding and conclusive: You acknowledge and agree that any records (includingrecords of any telephone conversations relating to the Services, if any)maintained by Metalscream4x4 Products or its service providers relating to orin connection with the The Website and Services shall be binding and conclusiveon you for all purposes whatsoever and shall be conclusive evidence of anyinformation and/or data transmitted between Metalscream4x4 Products and you.You hereby agree that all such records are admissible in evidence and that youshall not challenge or dispute the admissibility, reliability, accuracy or theauthenticity of such records merely on the basis that such records are inelectronic form or are the output of a computer system, and you hereby waiveany of your rights, if any, to so object.
10.7Subcontracting and delegation: Metalscream4x4 Products reserves the right todelegate or subcontract the performance of any of its functions in connectionwith the performance of its obligations under these Terms & Conditions ofSale and reserves the right to use any service providers, subcontractors and/oragents on such terms as Metalscream4x4 Products deems appropriate.
10.8Assignment: You may not assign your rights under these Terms & Conditionsof Sale without Metalscream4x4 Products’s prior written consent. Metalscream4x4Products may assign its rights under these Terms & Conditions of Sale toany third party.
10.9Force Majeure: Metalscream4x4 Products shall not be liable for non-performance,error, interruption or delay in the performance of its obligations under theseTerms & Conditions of Sale (or any part thereof) or for any inaccuracy,unreliability or unsuitability of the The Website's and/or Services’ contentsif this is due, in whole or in part, directly or indirectly to an event orfailure which is beyond Metalscream4x4 Products’s reasonable control.
102/29 M.7, T.Mahasawat, Bangkruai, Nonthaburi 11130, THAILAND.
Tel: +6697-297-8003, +6662-653-8444