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WEBSITE TERMS AND CONDITIONS OF USE
THE USE OF GIORDANO WEBSITE (THE WEBSITE) AND PURCHASE OF PRODUCTS ON IT IS GOVERNED BY THESE TERMS AND CONDITIONS.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE. BY ACCESSING AND USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THIS PRESENTS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND GIORDANO. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST CEASE USING AND ACCESSING OUR WEBSITE IMMEDIATELY.
The terms and conditions are made between:
GIORDANO (THAI) CO., LTD., an exclusive distributor of GIORDANO’s brands in Thailand, with its registered office at 475 Siripinyo Tower. 12th Floor. Unit no. 1205, Sri Ayuthaya Road, Thanon Phayathai Sub-district, Ratchathewi District, Bangkok 10400 (Giordano, We, Us, or Our); and
YOU, a person of legal age or a juristic person who agreed to become a website user by using the website and each website user agrees to accept and be bound by these terms and conditions.
1.1 You agree to comply with any and all conditions, guidelines, notices, operating rules, policies, and instructions pertaining to the use and purchasing of products through the website.
1.2 Giordano reserves the right to amend these terms and conditions at any time. Any material changes will be reflected on the website, and an announcement will be posted in the website regarding the changes. You are responsible for regularly checking these terms and conditions before using our website. Your continued use of the website means that you agree to the changes.
1.3 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. A business entity that wishes to enter into a transaction with Giordano must have a duly authorised and legal representative register on the entity’s behalf to form binding contracts with Giordano.
1.4 When you use this website, you agree to the processing of the information and details and you represent that all information and details provided are true and correspond to reality. The personal data that you provide us shall be processed in accordance with the Privacy Policy & Personal Information Collection Statement (“PICS”) set out in the website.
When you use this website and place orders through it, you agree to:
You may not be able to place your order if you do not provide us with all the information required for completing the purchase transaction.
3.1 The information set out in these terms and conditions and the details contained on this website do not constitute an offer for sale. 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.
3.2 To place an order, you must follow the online purchasing procedure and submit the order. Your order constitutes your offer to us to purchase one or more items from us. After doing so, you will receive order confirmation.
3.3 The contract for the purchase of an item between us (the "Contract") will only be formed when we send you the order confirmation. The Contract will relate only to those items which confirmed in the order confirmation. We will not be obliged to supply any other items which may have been part of your order.
There are two types of membership which include 1) Giordano Eshop Membership; and 2) WWS Membership. The conditions and privilege given to you in each type of membership are described follows:
4.1 Giordano Eshop Membership
You can enroll as Giordano Eshop member at free of cost. Giordano Eshop members enjoy a 5% off discount of all regular-priced items purchased online.
4.2 WWS Membership
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When you accumulate spending of THB 2,500 or more within [6 Months], you can upgrade to our WWS membership. After registering the receipt within 15 days, the system will upgrade to a WWS member. WWS members enjoy a 12% discount off all regular-priced items purchased online and a 10% discount off all regular-priced items purchased in Giordano in stores. All purchases (both in-store and online) can earn the points, and WWS members can redeem their points into cash in Thai Baht for the next purchase in Giordano Eshop.
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To celebrate your Birthday, we also offer WWS members a one-off exclusive 25% discount on all regular priced items purchased in a single online transaction, which you can enjoy within your month of Birth. Where promotional items are purchased as part of your Birthday offer, the lowest discount will be counted.
We reserve the right to amend all membership privileges and applicable terms and conditions from time to time without prior notice.
5.1 Earn Point Non-WWS Members:
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Each time you make a purchase at Giordano Online stores, You will receive a payment receipt with the registration number at the end of the receipt. You can register as a Giordano Eshop member by logging in at https://www.giordano.com/TH/en-US/member/RegInvoice.aspx, and register your reward points within 15 days of the purchase order. The reward point which has not been registered within said period will be automatically removed from Non-WWS Members’ account (please note that points earnt will be reset to 0 upon completion of the upgrade to WWS membership).
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Non-WWS members who earn 2,500 points or more through registering their invoice(s) can apply for WWS membership after the upgrade system in 15 days can become a WWS member and enjoy additional privileges. |
WWS Members:
WWS members earn points automatically upon completion of purchases at both the Eshop and our retail stores by quoting WWS membership / registered mobile phone numbers.
5.2 Redeem Points
Each time you make a purchase through our Eshop you can redeem your points, the Baht equivalent of which cannot exceed 5% of the total transaction amount of the purchase. By way of example, for a purchase of THB100, you can redeem 100 points (i.e. THB 5).
You cannot earn points on a transaction where you have redeemed your points.
5.3 Expiration Date
Points earnt remain valid for 2 years (calculated from the date on which your membership is activated). The date on which your points expire will be shown on sales invoices and can be viewed by logging into www.giordano.com/th. Your points will be reset to 0 following the expiry date.
5.4 E-Coupons
E-Coupons can be purchased online under members’ Eshop and WWS accounts and can be redeemed upon check-out and payment of their orders. For the avoidance of doubt, you can redeem either your E-Coupons or points earnt (but not both) upon check-out and payment for goods purchased online.
6.1 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.
6.2 We reserve the right to remove any product from this website at any time and to remove or modify any material or content without prior notice. 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. 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.
6.3 All prices listed are inclusive of Value Added Tax (VAT). Shipping fees will be charged separately, in addition to the listed prices. Prices may change at any time, but it shall not affect the orders for which we have sent an order confirmation.
6.4 The price of the products will be as stipulated at all times on our website, except in 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.
7.1 You are responsible for carefully checking product descriptions before any purchases. You shall place an order by completing the order form on the website. You will be responsible for ensuring your order’s accuracy.
7.2 You may pay for products only by online payment by using your Visa/ MasterCard or PayPal credit or debit card and can choose Cash on Delivery (Purchase more than THB 500). The payment must be made in Thai Baht. When you place orders, actual payments will be charged only upon Giordano’s acceptance of your orders and the formation of your contracts. All payments must be made to Giordano, who will either accept payment in its own right or through its agent.
7.3 You acknowledge that payments are fully conducted through a third-party payment gateway, and we shall not be responsible for any technical errors (and consequential losses and damages) that may arise during, out of or in connection with the payment process.
7.4 Your credit or debit card details that are necessary to make a payment is required by us. All these details are highly confidential and will only be required for purchasing purpose.
7.5 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, we will be entitled to cancel your orders or suspend delivery of products until payment is made in full.
7.6 The use of your 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. We and a company providing services of receiving payment via cash electronic card and bill payment for us (“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 order, local authorities, or applicable laws or regulations. In any circumstances, we will not be held liable for any credit or debit card fraud including, but not limited to, use of your credit or debit card, or credit or debit card information for any purposes by third party without your permission.
8.1 Delivery service for the products offered on this website is available in Thailand only and delivery of products will only be made to the shipping address either residential or business area specified in your orders. You will be responsible for a shipping fee at the rate of THB 50. However the purchase order value at THB 800 or above will be exempt from the shipping fee.
8.2 We provide Door-to-Door delivery for both residential and business addresses but do NOT include hotels or PO Box addresses. We will provide you with a tracking number when your shipment is ready. Please visit: https:/www.dhlexpress.co.th/tracking for delivery tracking.
8.3 We will deliver your order within 3-7 days from the date that you have received our confirmation for your purchase order, online exclusive item(s) will deliver from the date you placed it. In general, delivery time for Thailand major districts require 3 to 7 working days for delivery.
Orders are delivered Monday to Friday between 9 am to 5 pm (Thailand time), excluding Saturdays & Sundays and statutory Public Holidays.
8.4 Occasionally orders are returned to us due to incorrect address, a PO Box and hotel address, failed delivery attempts or refused by recipient. When the delivery agent returns an undeliverable package to us, we issue a refund by deducting the original shipping fee and handling fee of THB 100.
Please ensure you or recipient authorized to sign the delivery, Giordano will not be responsible for any loss due to package received by other recipient.
8.5 You also can collect your order in selected shops provided that we will inform you by SMS when your order are arrived to the selected store. The goods needed to be collect within 7 days (for online payment), otherwise the order will be cancelled.
8.6 You acknowledge that product delivery is subject to product availability. We will make every reasonable effort to deliver the product to you within the delivery schedule. You acknowledge that, while stock information 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, we will inform you accordingly via e-mail or other methods, and your product will be dispatched as soon as it becomes available.
8.7 If you do not receive your products within the delivery schedule, you are required to inform us within 24 hours from the end of delivery.
If we do not hear from you within 24 hours from the end of the schedule delivery date, you will be deemed to have received the products.
8.8 We reserve the right to initiate legal proceedings against any and all fraudulent uses of the website.
9.1 You have the right to refunds, return and exchange the product within 14 days from the date on which you received your purchased product(s). To do so, you must complete the exchange/return form, indicating clearly on the receipt which particular product(s) you would like to exchange or return and send such product(s) back to us by courier with the corresponding receipt to the following address:
Attention Giordano Eshop
Address Giordano (Thai) Co., Ltd. (Warehouse Department)
88/4, Soi Suan-pharang, Rim klong pa-pa Road,
Bangsue Sub-district, Bangsue District,
Bangkok 10800
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Please contact our Customer Service Team at (662) 642-5455 ext. 183. or email theshop@giordano.com.hk if you have any further questions or require any further information on refunds, exchanges and returns. |
9.2 Subject to Clause 9.1, you can refund, return and exchange the products by following these instructions:
9.3 Notwithstanding the rights under Clause 9.1, you are fully responsible for carefully and thoroughly inspecting the products after receiving. You may return damaged products in the following cases:
You can return products by emailing us or contacting us 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 accessible by a provided web-link. We will pay full refunds for cancellations or replace products for exchanges after the damage has been assessed.
Your replacement, adjustment, refund will be processed based on the original payment method used for your purchase-link. While we will process with your request for the refund within 15 days from the date that we have received your written request, the processing time of your refund may vary subject to the means of payment and the third party payment providers, which generally will be as follows:
Refund by Paypal Account: The refund process will take approximately 3-5 working days to complete.
Refund by Credit/Debit card: The refund process will take approximately14 working days to complete.
9.5 Upon a return and refund being made,you will have no right to claim against us.
9.6 All costs associated with the refund process imposed by the processing bank and/or payment provider will be borne by us.
10.1 While Giordano endeavours to ensure that the information posted on this website is accurate and complete, Giordano does not, however, represent, warrant or guarantee that the contents or any other information residing or available on this website is complete, accurate, up to date and/or fit for a particular purpose. This website may contain typographical mistakes, inaccuracies, or omissions due to human or technological errors. We therefore reserve the right to correct any errors, inaccuracies, including after an order has been submitted and to change or update information at any time without prior or subsequent notice.
To the fullest extent permitted by law:
10.2 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.
Without prejudice to any other right or remedy available to us, if we consider that you have breached any of these terms and conditions or we otherwise consider it appropriate, we may suspend and terminate your account and access to this website at our sole discretion, with or without notice and with no liability to you. In addition, we reserve the right to seek all remedies available under these terms and conditions for breach of these terms and conditions.
12.1 All contents residing in this website including text, information, pricing, product and service names, icons, audio clips, sound music, designs and slogans, charts, logos, photographs, images and any combination thereof are owned, controlled or licensed by or to Giordano. Such contents are protected by copyright, trademark and intellectual property laws and may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Giordano.
12.2 Material on this website is provided for lawful purposes only and in a manner which does not violate the rights of, or restrict or inhibit the use of this website by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or of defamatory, racially or ethnically objectionable material of any kind or disruption of normal flow of dialogue within this website.
The appearance on the website of external hyperlinks to third-party sites, in any form or content, does not constitute endorsement or approval by Giordano, of the opinions or views expressed by any such third party websites and we do not take responsibility for the accuracy, completeness, currency and quality of the content showed, also quality or delivery of the products or services offered at such third -party sites. Thus, we will not be responsible or liable to you in any way for any content, errors or omissions, or for the results obtained from the use of any information contained in those third-party sites. The reliance on third party sites or contents thereof shall be at your own risks, and you shall be solely responsible to thoroughly read any and all terms and conditions of such third party sites.
You shall agree to release, defend, indemnify and hold Giordano, its directors, employees, affiliates, agents, contractors, suppliers and licensors harmless from and against of any and all claims, damages, costs and expenses, including attorneys' fees, arising from breach of these terms and conditions, or use of this website or related services.
15.1 We shall not be liable for any delay or failure in the performance of our obligations under these terms and conditions arising from, caused by events that are beyond our reasonable control. Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
It shall be understood that our obligations deriving from these terms and conditions 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 despite the situation of Force Majeure.
16.1 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 unauthorised 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.
16.2 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 without prior notice. 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.
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.
These terms and conditions shall be governed by and construed in accordance with the laws of Thailand and you irrevocably submit to the exclusive jurisdiction of the courts exercising jurisdiction in Thailand for any action arising out of or relating to these terms and conditions.
