Conditions of Use
This Website (https://www.samanea.co.th/) (“this Site”) and/or the Samanea mobile app are owned and operated by OCGM International Mall Company Limited (“OCGM”).
OCGM provides website features, products and other related services (collectively, “Samanea Services”) to you when you visit or shop on this Site and Samanea mobile application. The following Conditions of Use govern your use of the Samanea Services.
Samanea trademarks are intellectual property of Samanea IP Private Limited which is a company duly registered under the laws of the Republic of Singapore and are authorized to be used by OCGM for any purpose in relation to run and operate this Site and/or the Samanea mobile app. OCGM further warranties and represents that Samanea IP Privated or any of its affiliated company is not in any way involved in the operation and management of this Site and/or the Samanea mobile app.
By using Samanea Services, you agree to these Conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your use of Samanea Services, to understand our practices.
When you use Samanea Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site or through the other Samanea Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You should register Samanea account to use certain Samanea Services on this Site and/or the Samanea mobile app. OCGM has absolute discretion to refuse registration of any Samanea account by any users for whatsoever reasons.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password, including but not limited to paying for every order made under your account.
OCGM shall use its best endeavors to prevent any unauthorized access to this Site and/or the Samanea mobile app. However, OCGM shall not be liable for any and all losses or damages whatsoever if any third party gains unauthorized access to this Site and/or the Samanea mobile app using your account and password. You further undertake to indemnify OCGM for any and all claims, losses and damages whatsoever arising from or in relation to the action(s) of any person placing any order for the product or conducting any activities by an unauthorized access using your account and password. If you suspect that the security of your account has been compromised or if there is unauthorised use of your account, please contact us immediately.
OCGM does sell products for children, but it sells them to adults. If you are under 18, you may use the Samanea Services only with involvement of a parent or guardian. OCGM reserves the right to refuse service, terminate accounts, terminate your rights to use Samanea Services, remove or edit content, or cancel orders in its sole discretion.
Prices are shown on this Site and/or the Samanea mobile app in Baht (THB) in the Kingdom of Thailand.
With respect to items sold by OCGM, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced and we reserve the right to rectify any errors. If we discover an error in the price of product that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you, we will treat the order as cancelled
OCGM reserves the right to modify the prices and other details of the products without prior notice to its customers from time to time.
The prices advertised on this Site and/or the Samanea mobile app are for online purchase only. Prices for some products may differ from those charged at the Samanea Plaza Thailand located at Bangna Trad KM.26 Bang Sao Thong Sub-district, Bang Sao Thong District Samut Prakan.
Payment for orders placed on this Site and/or the Samanea mobile app shall be made by cash on deliver (“COD”). COD means that online customers make payment upon delivery of orders placed on this Site and/or the Samanea mobile app through their Samanea Service accounts from OCGM.
OCGM does not receive payment in any other form other than COD until further notice.
ACCEPTANCE OF YOUR ORDER
Content (including without limitation product images, descriptions, pricing, stock availability, and sizing information) on this Site and/or the Samanea mobile app constitute our invitation to treat, not a binding offer.
Once you have placed your order, we will send you a notification to your Samanea account acknowledging your order. This notification is confirmation of receipt of your order and does not constitute an acceptance of your offer / order or any promise concerning your offer / order.
If your order can be accepted by us, the contract between you and OCGM shall be deemed concluded when we send you an email to confirm that the goods under your order have been shipped to you.
Only the goods listed in the confirmation email sent at the time of shipment are included in the contract concluded. All sales contracts are concluded in Thailand and are written in English.
OCGM reserves its right not to accept an order for any reason in its sole discretion (including but not limited to any of the following reasons):
· The product you ordered is out of stock or is withdrawn for failure to meet quality standards.
· We are unable to accept your order due to a system error.
· You do not meet the eligibility criteria to purchase as set out in this Terms and Conditions.
Our staffs from customer service department will contact you as soon as possible if we are unable to accept your order.
VARIATION/CANCELLATION OF ORDERS
Orders shall not be cancelled after such orders are dispatched by OCGM.
In the event any product you order is not available, upon your consent for substitution, OCGM may substitute such product for a similar product. Otherwise, the product will be deleted from your order and the bill will be adjusted accordingly.
OCGM shall use its reasonable endeavours to deliver products to the delivery address specified by your order details, but OCGM shall not be liable for any delay, change of delivery time or non-delivery for causes beyond its control.
OCGM shall prepare and deliver products according to the items included in "My Shopping Cart" ("the Shopping Cart").
It is the responsibility of you to notify OCGM immediately of any change to the delivery address. Any failure of delivery due to change of the delivery address without notifying OCGM, OCGM reserves the right to charge you a reasonable surcharge for the re-delivery of the products to the new delivery address and the delivery date will be rescheduled.
All purchases of products from OCGM are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
All content included in or made available through any Samanea Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of OCGM or its content suppliers and protected by Thailand and international copyright laws.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. OCGM reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant OCGM a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant OCGM and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this Conditions of Use and will not cause injury to any person or entity; and that you will indemnify OCGM for all claims resulting from content you supply. OCGM has the right but not the obligation to monitor and edit or remove any activity or content. OCGM takes no responsibility and assumes no liability for any content posted by you or any third party.
RETURNS, REFUNDS AND TITLE
OCGM does not take title to returned items until the item arrives at our fulfillment center. For more information about our returns and refunds, please read our Return & Refund Policy.
OCGM attempts to be as accurate as possible. However, OCGM does not warrant that product descriptions or other content on this Site and/or Samanea mobile app is accurate, complete, reliable, current, or error-free. If a product offered by OCGM itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Samanea Services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Samanea Services are provided by OCGM on an "as is" and "as available" basis, unless otherwise specified in writing. OCGM makes no representations or warranties of any kind, express or implied, as to the operation of the Samanea Services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Samanea Services, unless otherwise specified in writing. You expressly agree that your use of the Samanea Services is at your sole risk.
To the full extent permissible by law, OCGM disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. OCGM does not warrant that the Samanea Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Samanea Services, OCGM's servers or electronic communications sent from OCGM are free of viruses or other harmful components. To the full extent permissible by law, OCGM will not be liable for any damages of any kind arising from the use of any Samanea Services, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any Samanea Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
You agree to fully indemnify us (and our affiliates) as well as all of our directors, employees, officers, contractors, licensors, suppliers and agents) harmless from and against all claims, liabilities, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us or our affiliates arising out of any breach of the covenants, warranties, representations and agreements by you herein. This includes the use of this Site and/or Samanea mobile app by any other persons using your account caused by your action or inaction.
This Site and/or Samanea mobile app may include links to other websites or resources that are not operated or prepared by OCGM. OCGM has no control over such sites and resources and we will not be responsible for the content of any websites and will not accept responsibility or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of these linked websites.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our return policy, posted on this Site. These policies also govern your use of Samanea Services. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ADDITIONAL OCGM SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Samanea Services (the "OCGM Software").
1. Use of the OCGM Software. You may use OCGM Software solely for purposes of enabling you to use the Samanea Services as provided by OCGM, and as permitted by these Conditions of Use. You may not incorporate any portion of the OCGM Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the OCGM Software in whole or in part. All software used in any Samanea Services is the property of OCGM or its software suppliers and is protected by Thailand and international copyright laws.
3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the OCGM Software, whether in whole or in part.
4. Updates. We may offer automatic or manual updates to the OCGM Software at any time and without notice to you.
5. Conflicts. In the event of any conflict between these Conditions of Use and any other OCGM or third-party terms applicable to any portion of OCGM Software, such as open-source license terms, such other terms will control as to that portion of the OCGM Software and to the extent of the conflict.