TERMS & CONDITIONS
Thank you for visiting our website (hereafter referred to as this “Website”). This Website is operated by Club 21 (Thailand) Co., Ltd (“Club 21”) The following Terms and Conditions create a legally binding agreement between you and Club 21 ("we" or "us" as the context may require).
By accessing and/or using any part of this Website and/or using any of the services provided via this Website and/or purchasing or attempting to purchase any product or service on this Website, you (“the Customer” or “you”) shall be deemed to have accepted and thereby be legally bound by the terms and conditions set out below (these “Terms and Conditions”).
1.1. Club 21 affiliates include Kids 21 (Thailand) Co., Ltd, COMO Hotels and Resorts (Asia) Pte Ltd, and related companies and business units which form part of the COMO Group. However, this Website is provided solely by Club 21 and no other member of the COMO Group shall have any liability or responsibility for this Website and your purchase of any Products.
1.2. These Terms and Conditions contain the provisions in the contractual relationship entered into between you and Club 21 which you agree to be binding and enforceable at the time you access and/or use this Website and purchase or use any of the products or services provided by Club 21 via this Website. You are deemed to have read, understood and accepted these Terms and Conditions.
1.4. Club 21 reserves the right to modify, add, vary or amend all or part of these Terms and Conditions from time to time without prior notice to you. Your use of this Website and any of the services provided here after such changes are posted on this Website, shall be deemed an agreement by you to these Terms and Conditions as modified.
1.5. Any purchase made through this Website will be subject to the version of these Terms and Conditions that was in force at the time of the order being placed (that is, when the order is received by Club 21 following your clicking on the ‘Place Order’ button). Whenever you make a purchase through this Website, Club 21 encourages you to print and save a copy of the Terms and Conditions in force at that time of the purchase for your own records.
1.6. Club 21 reserves the right to modify or discontinue, temporarily or permanently, this online Shopping service (or any part thereof) with or without notice at any time. These Terms and Conditions will continue to apply to any orders that have been accepted in accordance with the section “Submission and Acceptance of Orders” below.
1.7. In these Terms and Conditions, the following expressions shall have the following corresponding meanings:
a. “Club 21 Member Discount” refers to the reduction in the purchase price of the Products offered to Customers who are Club 21 Card Members and who enjoy a discount privilege as applicable under the terms of their card membership (For more information on becoming a Club 21 Card Member, please refer to www.club21global.com);
b. "Online Shopping" refers to the purchasing of Products through the Website; and
c. "Products" refers to the clothing, accessories, vouchers, or any other products or merchandise offered for sale by Club 21 on this Website.
1.8. All the Products offered for sale or sold by Club 21 through the Website are sold subject to these Terms and Conditions and these Terms and Conditions shall prevail over any other document purporting to have a contractual effect between you and Club 21. Nothing in this document shall affect any statutory rights that you may have under applicable legislation.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. This Website and all materials, including but not limited to photographs, illustrations, data, text, images, logos, maps, plans, literary, artistic, musical works and all representations, information and all works in any media or format whether relating to activities, programs, products and/or services offered by any part of Club 21 and its affiliates (the “Contents”) appearing on this Website are proprietary to and are protected by copyright, trademark and other forms of intellectual property rights (“Intellectual Property”) owned, licensed to or controlled by Club 21, and its affiliates or partners.
2.2. Except as otherwise expressly provided and agreed to in writing by Club 21, you are strictly prohibited from using, uploading, downloading, copying, reproducing, re-publishing, transmitting, communicating, distributing, disseminating, decompiling, disassembling, modifying, adapting in any way, the Contents or any part thereof.
2.3. Club 21 and where applicable, its affiliates and partners, retain all rights, title and interest in all Intellectual Property in the Contents and all concepts, systems, whether written or graphic and all other materials on this Website.
3. ACCESS TO WEBSITE
3.1. Club 21 reserves all rights to deny or restrict access to this Website to any person, or to block access from any internet source or address to this Website at any time in its sole discretion, and without providing any notice or reason.
4.1. This Website may contain links to other websites and pages which are not controlled, maintained or endorsed by Club 21. By clicking on or activating such links, you acknowledge that Club 21 is not responsible for the consequences of your activities on the third party websites, tools, applications of other offerings or services and is not liable in any way whatsoever to you. Club 21 does not represent or exercise control over such third party and such third party is neither an agent nor servant of Club 21. Any data or any information which you give to any other entity after leaving this Website is entirely at your own risk. Club 21 and, its affiliates shall not be liable for any damages or loss arising from your access, use or other actions including by reason only of hyperlinking to such other websites.
4.2. All hyperlinks to such other websites are provided as a convenience to you, and Club 21 and its affiliates are not associated or affiliated, unless expressly stated to be so, in any manner with any trade or service marks, logos, insignia, other intellectual property rights or devices, which appear on such other websites.
5.1. No data transmissions over the Internet or via wireless networks can be guaranteed to be secure. Consequently, Club 21 cannot and does not ensure or warrant the security, authenticity, integrity or confidentiality of any information and/or communication you transmit to us and you do so at your own risk.
5.2. Any questions, comments, suggestions, feedback and/or information which is sent to us via this Website will be deemed to have been provided voluntarily on a non-confidential and non- proprietary basis. Club 21 reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere on the Internet or on any written form, such information, including but not limited to, disclosing such information to its affiliates or partners in connection with the development, marketing, manufacturing of products and services.
6. SECURITY OF WEBSITE
6.1. You hereby expressly acknowledge and agree that:-
6.1.1. This Website is provided on an “as is” basis without warranties of any kind and Club 21 does not warrant that the functions provided in this Website will be uninterrupted or error-free, or free from computer viruses or other harmful components, or unauthorised software, or that any defects will be corrected;
6.1.2. Club 21 does not warrant and hereby disclaims to the fullest extent permitted by law, any warranty as to the accuracy, reliability, timeliness, of the Contents including in particular the use of any representations and images;
6.1.3. TO THE FULLEST EXTENT PERMITTED BY LAW, CLUB 21 IS NOT RESPONSIBLE FOR AND SHALL NOT BE LIABLE FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION (WHETHER DIRECTLY OR INDIRECTLY) WITH YOUR USE OF THIS WEBSITE. ACCORDINGLY, YOU HEREBY RELEASE CLUB 21 AND ALL OF ITS AFFILIATES (AND ITS AGENTS, REPRESENTATIVES, PARENT COMPANY, RELATED COMPANIES AND ASSOCIATED COMPANIES, SUBSIDIARIES, AND LEGAL AND OTHER PROFESSIONAL ADVISORS) FROM ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITY IN RESPECT OF ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE;
6.1.4. Any material which you download or otherwise obtain through the use of this Website (such actions being strictly prohibited), is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data or other liability that may result from the download of any such material. Neither Club 21 nor any of its affiliates shall be liable or responsible for any computer virus, malware, communication line failure, interception of online communication, software or hardware problems (including without limitation to loss of data or compatibility problems), theft, destruction to your computer system or any other losses or damage resulting directly or indirectly from access to or use of this Website, or any uploading, downloading of any Contents or information (all of which are not authorised) from this Website.
6.1.5. While the Club 21 shall use our best endeavors to prevent any unauthorised entry to this Website, we shall not be liable for any damages or losses whatsoever or howsoever caused to you if any third party gains unauthorised access to this Website.
6.2. You agree to indemnify and hold Club 21 and each of its affiliates including, all directors, officers, employees and its agents, representatives, parent company, related companies and associated companies, harmless from any claim, loss, damages, demand or costs (including solicitors’ fees on a full indemnity basis) which Club 21 or any of its affiliates and/or Hotel Affiliates may suffer or incur due to or arising out of in connection with:-
6.2.1. Your breach of any of the provisions of these Terms and Conditions; and
6.2.2. Otherwise in connection with these Terms and Conditions and your use of this Website.
7.1. You may need to create a registered account profile to use some of the services or features made available to you on this Website. When you register you are required to provide information about yourself that is true, accurate, current and complete in all respects (“Personal Information”) including your mobile phone which will be used to receive your One-Time OTP on each log-in. You may update your registered profile at any time by signing into your account and selecting “Account Dashboard”. We may also change registration requirements from time to time.
7.2. Club 21 reserves the right to terminate your account and your use of the Website without notice to you if it comes to our attention that any of the registration details you have provided is not current, incomplete or inaccurate.
7.3. The One-Time-Password (OTP) sent to you should be kept secure and you must notify Club 21 immediately of any breach of security or unauthorized use of your account. Club 21 will not be liable for any losses caused by any unauthorized use of your account.
8. ELIGIBILITY CONDITIONS FOR PURCHASE
8.1. Club 21 reserves the right to only accept orders from you if you are of sufficient legal age and capacity to use this Website in accordance with these Terms and Conditions and to create binding legal obligations in relation to the access and use of this Website and the products or services.
8.2. In order to make purchases on the Website you will be required to provide your Personal Information. In particular, you must, where requested, provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.
8.3. You must be in possession of a valid credit/debit card issued by a licensed bank acceptable to Club 21, and you authorise Club 21 to process a charge or charges on your credit/debit card in the amount of the total purchase price for the Products or services which you purchase or place an order for in accordance with the process in the section “Submission and Acceptance of Orders” below. Club 21 reserves the right to restrict multiple quantities of an item being shipped to any one Customer or postal address.
8.4. By making an offer to purchase the products or services, you expressly authorise Club 21 to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
8.5. You agree that Club 21 may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of the information.
9. SUBMISSION AND ACCEPTANCE OF ORDERS
9.1. All orders are subject to acceptance and availability, and items in your shopping bag are not reserved and may be purchased by other customers.
9.2. You may place an order through the Website by clicking on the ‘Place Order’ button. Shortly after the order is successfully submitted, an acknowledgment email will be sent to you at the email address provided at registration or on submission of your order. This acknowledgment email confirms the details of your order and is not an acceptance of your order. If you do not receive an acknowledgment email from Club 21 within two working days, please contact Club 21 Services at Line: @Club21Services. Please note that the acknowledgment e-mail does not constitute a guarantee as to the availability of the Products.
9.3. You can only make changes to or cancel your order up to the time your order has been released for fulfilment at our distribution center. Please contact Club 21 Services at 02-021-2121 or Line: @Club21Services to request a change to or cancel of your order. You will be informed of the eligibility of the request as soon as practicable after we receive your request. You may not add additional items to your order. You will be required to place an additional order for any additional items you wish to purchase.
9.4. Once the item has been shipped, the courier company will send you the tracking number for your order.
9.5 We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within these Terms and Conditions. Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion, and we will not be liable to you or any third party by reason of our refusal to process a transaction.
10. PRICING, CURRENCY AND TAXES
10.1. Product prices are shown on the Website are in Thai Baht and will be shipped within Thailand only. Product price includes VAT. If you are eligible for a Club 21 Member Discount, your discount is not reflected in the price of the Products listed on the Website, but will be reflected in your shopping bag after you have signed in to your member account.
10.2. All prices and offers remain valid as advertised from time to time. The relevant price of a product in a currency displayed on the Website at the time the order is placed will be honored, except in cases of patent error.
10.3. If you are a customer whose credit/debit card is not denominated in the Website’s transaction currency, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
10.4. Promotion codes are non-transferable and there is no cash alternative, and they cannot be used in conjunction with any other promotion code, Club 21 Member Discount, or offers unless expressly stated, and must be redeemed by the date published, if provided.
11.1. Payment can be made by Visa, MasterCard, JCB or UnionPay from all banks, and other methods which may be clearly advertised on the Website from time to time. Payment will be debited and settled from your account upon completion of the processing of your order by Club 21, and a notification email including an invoice for your order will be sent to you at that point. You warrant and confirm that you are (or are authorised by) the person to whom the credit/debit card used is issued to and whose name appears on the credit card. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
11.2. If the issuer of your credit/debit card refuses to authorize payment to Club 21, we will not be liable for any delay or non-delivery.
11.3. You warrant and confirm that you are the person to whom the credit/debit card used is issued to and whose name appears on the credit card. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your credit/debit card refuses to authorize payment to Club 21, we will not be liable for the cancellation of your order.
11.4. You may make payment in Thai Baht only on the Website.
12. PRODUCT AVAILABILITY / DESCRIPTION OF PRODUCTS
12.1. Products featured on the Website have been carefully selected for Online Shopping. Once a Product is sold out, it may be taken off the Website and may not be available again.
12.2. The prices advertised on the Website are for Online Shopping only. As such, prices for some Products may differ from those available for sale at the Club 21 stores and associated boutiques.
12.3. Club 21 has taken care to ensure that the Product illustrations, colours and information are as accurate as possible, but photograph and images that are shown on the Website are only representations and the actual Products that are delivered to the Customer may appear differently to how they appear on your computer screen. In relation to Product colours, we cannot guarantee that your computer monitor's display of any colour will be accurate.
12.4. Club 21 may from time to time set credit limits for individual Customers and Club 21 reserves the right to limit or restrict the sale of Products to any Customer. In addition, Club 21 reserves the right to reject sales to re-sellers.
13 INSURANCE AND DELIVERY
13.1. Club 21 insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point risk and title for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by Club 21, and transfer of responsibility in the same way. Should you select the “Pick up at Store” feature, as we require a signature at the time of delivery for all orders, our Club 21 store associate will acknowledge receipt of delivery on your behalf. By selecting to ship to a selected store location, you accept that a signature by an associate at the store address listed as the “Ship To” address on your order is evidence of delivery by Club 21 and a transfer of risk and title for the purchased goods then passes to you.
13.2. We limit shipping within Thailand only. For example, if you wish to ship to Singapore, please select Singapore as your country from the top navigation. If you change your country selection while shopping, the contents of your shopping bag will not carry forward to the new selected country. You will need to re-select the items you wish to purchase for shipment to the new country selected. Please note that not all Products are available for shipment to all countries. As such, the selection of Products available for online shopping may differ depending on the country selection.
13.3. We aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Club 21 uses DHL as the shipping carriers for all paid shipping deliveries. The standard delivery time is 2-5 business days subject to conditions. Estimated delivery times are to be used only as a guide commencing from the date of dispatch. Club 21 is not responsible for any delays caused by any customs clearance processes.
13.4. Club 21 offers free shipping within Thailand.
14. RETURNS AND EXCHANGES POLICY
THIS SECTION ON “RETURNS AND EXCHANGE POLICY” DOES NOT AFFECT YOUR STATUTORY RIGHTS.
Returns and exchanges for convenience:
14.1. Club 21 does not process exchanges. If you wish to exchange a Product you have purchased for a different Product, you must return your original purchase in accordance with the process below and place a separate order for the other Product.
14.2. Club 21 does not accept returns of online purchases at Club 21 stores unless designated.
14.3. If you wish to return an item, you must make a request within ten (10) calendar days of receiving your order by contacting Club 21 Services at 02-021-2121 or Line: @Club21Services from 11.00 – 20.00 everyday. Then please wait for the staff to confirm your return request before sending back the merchandise. Then please send the item you wish to return with your receipt and a return request form, via EMS only, to:
ESHOP (please specify the brand that you wish to return)
1265 Eazy Space Building 2rd Floor, Moo.1
Theparak Road, Tambol Theparak, Amphoe Muang Samut Prakan,
Samut Prakarn Province, 10270 Thailand.
14.4. Items should be returned in their original packaging, unused and with all packaging and designer garment tags still attached. Where provided, belts and any designer packaging such as authenticity cards, dust bags and leather tags should be included with your return. All shoes should be tried on a carpeted surface before wear as shoes with any markings will not be accepted for returns. Returns that are damaged or soiled or do not have the receipt or filled out return form may not be accepted and may be returned to the customer, at the customer’s expense (this may include shipping costs).
14.5. Please contact Club 21 Services at 02-021-2121 or Line: @Club21Services if any of your purchases have been delivered without designer tags.
14.6. Club 21 will not be responsible for shipping cost for return shipping.
15. CLUB 21 CARD MEMBERS
15.1. If the Customer is a Club 21 Card Member, the Customer will earn Club 21 points on Online Shopping orders. Points are earned at a rate of 2 points for every THB 25.00. We reserve the right to modify the rate from time to time and will publish the revised rates. Customers must create a registered account to participate in the Card member program.
15.2. Customers will earn points based on the actual amount received by Club 21 for the Products purchased (that is, the Product’s price shown on the Website less any member discount or other promotions and less the refunded amounts for returned merchandise). Earned points will be posted to the Customer’s member account approximately within 1 day after the order is delivered. If Products are returned after this date pursuant to these Terms and Conditions or any applicable statutory rights, an amount of points will be deducted from the member’s account based on the refunded amount and using the formula above.
15.3. For more details of the Club 21 Card Programme, please refer to the Club 21 Card Programme Terms & Conditions.
16. EXCLUSION/LIMITATION OF LIABILITY AND WARRANTIES
THIS SECTION ON “EXCLUSION/LIMITATION OF LIABILITY AND WARRANTIES” DOES NOT AFFECT YOUR STATUTORY RIGHTS.
16.1. To the maximum extent permitted by law, Club 21 disclaims and excludes all other terms, conditions and warranties in relation to the Products whether express or implied or arising from any previous course of dealing or usage or trade practice. While Club 21 will use reasonable endeavors to verify the accuracy of any information it places on the Website, it makes no warranties, whether express or implied in relation to its accuracy. This Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Website, or any transaction that may be conducted on or through this Website, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
16.2. In addition, the Customer hereby expressly acknowledges and agrees that to the extent permitted by law:-
a. Any liability of Club 21 for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Products or any other breach of Club 21's obligations hereunder shall not in any event exceed an amount equivalent to the price of the affected Product.
b. Where any legislation applies any guarantee or implies any term that cannot be excluded, Club 21’s liability for breach of it will be limited (where permissible by law) to (at Club 21’s option):
i. in the case of goods, to a refund for the price of the goods, re-supply of the goods or repair of the goods; and
ii. in the case of services, the re-supply of the services or a refund for the cost of the services; and
c. Except for death and personal injury arising from our negligence, we will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or any other loss or damage whether direct or indirect out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the use of or inability to use the Website or this Online Shopping service or the use or consumption of any of the Products purchased on the Website.
17. FORCE MAJEURE
17.1. Club 21 shall not be liable to the Customer for default of its obligations under this these Terms and Conditions or in relation to the Products when such default is by reason of:
a. fire, accident, any law, order, proclamation, regulation, demand or requirement of the Government of Thailand or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Club 21,
b. Act of God (i.e. extraordinary or unforeseeable manifestation of the forces of nature beyond the powers of human intervention, such as tornadoes, hurricanes, typhoons, floods and earthquakes), or
c. war or armed conflict or acts of terrorism, which include disruption of civil authority, transportation and communication services, in which cases, Club 21 shall be excused from such performance to the extent of such prevention.
18. OTHER PROVISIONS
18.1. No failure, delay, relaxation or indulgence on the part of Club 21 in exercising any power or right conferred upon it in these Terms and Conditions shall operate as a waiver of such power or right, nor shall any single exercise of any such power or right preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms and Conditions.
18.2. If any provision of these Terms and Conditions is held or interpreted by any governmental authority or a court of competent jurisdiction, to be illegal or invalid under present or future laws or regulations effective and applicable during the term of these Terms and Conditions, such provisions shall be fully separable and these Terms and Conditions shall be construed as if such illegal or invalid provision had never comprised a part of these Terms and Conditions and the remaining provisions of these Terms and Conditions shall remain in full force and effect and shall not be affected by the illegal or invalid provision or by its severance from these Terms and Conditions.
18.3. Except for all affiliates of Club 21, no other person shall have any rights whether under the Contracts (Rights of Third Parties) Act or any other law to enforce or enjoy any benefit under these Terms and Conditions Notwithstanding anything in these Terms and Conditions the consent of any third party is not required for any variation (including any release or compromise of any liability under) of these Terms and Conditions.
18.4. These Terms and Conditions constitute the entire agreement between you and Club 21 with respect to your use of this Website and supersedes all prior or contemporaneous agreements, negotiations, representations, warranties, understandings, correspondence and all other communications (whether written or oral, express or implied) or arrangements entered into between Club 21, and its affiliates in respect of the matters dealt with in these Terms and Conditions. No promise, inducement, representation or agreement other than as expressly set forth in these Terms and Conditions has been made by Club 21 or its affiliates.
18.5. If any term of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then these Terms and Conditions, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
19. APPLICABLE LAW
19.1. Your use of this Website shall be governed by, and interpreted in accordance with the laws of Thailand. The courts of Thailand have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms and Conditions and your use of this Website (including a dispute regarding the existence, validity or termination of these Terms and Conditions (a “Dispute”). You agree that the courts of Thailand are the most appropriate and convenient courts to settle a Dispute and you agree not to make any argument to the contrary. However this shall not affect any mandatory statutory rights that the Customer may have under laws of their local jurisdiction.
2020 Club 21 (Thailand) Co., Ltd. All rights reserved