PERSONAL DATA PRIVACY NOTICE
FOR PROCESSES RELATED TO CUSTOMERS OF CHANINTR
1. General Provisions
For the purpose of complying with the Personal Data Protection Act B.E. 2562 (2019) and subordinate laws issued thereunder, including any amendment which may be made thereto, (“Laws on Personal Data Protection”), Chanintr Living Limited and its subsidiaries (“CHANINTR”, “us”, “we” or “our”) have prepared this personal data privacy notice for processes related to customers of CHANINTR (“Privacy Notice”) to inform you regarding how CHANINTR handles information which can or may identify you, whether directly or indirectly, according to the Laws on Personal Data Protection (“Personal Data”), for instance, the methods by which Personal Data is collected, used, disclosed or dealt with, whether by manual or automated means, such as recording, organization, storage, adaptation or alteration, retrieval, sending, transfer, disclosure or making available by any means, sorting, combination, restriction on or prohibition of access, erasure or destruction (“Processing”, “Process”, “Processes” or “Processed”), as well as to notify you of the purposes for such Processing, the retention period of Personal Data and your rights as the data subject. In this regard, CHANINTR recommends that you read and understand the following terms under the Privacy Notice:
2. About CHANINTR
Under the Privacy Notice, CHANINTR means any one or more of the following companies:
(1) Chanintr Living Limited;
(2) Chanintr Living (Thailand) Limited;
(3) Chanintr Systems & Solutions Limited;
(4) Anilaphat Limited; and/or
(5) Priewpayom Limited.
FurnitureCHANINTR began as a furniture importer, launching in Bangkok in 1994 with the brands Baker and McGuire. We were drawn to their shared approach to living — one of relaxed luxury that we were surrounded by while growing up in America. But it was their commitment to quality, attention to craftsmanship and grace of their service — placing importance on relationships with those they work with — that we wanted to share with our customers.
Over the past two decades, our business and our family of brands have grown but our approach has remained constant. Quality and service are still part of everything we do. We consider every detail, from fitting a joint to furnishing a full apartment, and believe that relationships extend beyond the first interaction. They last a lifetime.
These values have informed our understanding of the home and how we help to build it. Through our brand partners, which produce everything from furniture to fixtures, and our services, which range from styling and consultancy to full-service interior architecture and design, we endeavor to create spaces that exceed expectations. At CHANINTR, we believe in living well, in the everyday and in the most special moments.
For more information, please visit: www.chanintr.com
If you have any questions or would like to exercise your rights as set out in this Privacy Notice, you may contact CHANINTR using the contact details provided below:
E-mail: firstname.lastname@example.org Address: GPF Witthayu, Tower A
18th Floor, 93/1 Wireless Road,
Bangkok, Thailand 10330
Telephone: +662 015 8888
Data Protection Officer
E-mail: email@example.com Address: GPF Witthayu, Tower A
18th Floor, 93/1 Wireless Road,
Bangkok, Thailand 10330
Telephone: +662 015 8888
3. Groups or Categories of Persons Whom CHANINTR Collects Personal Data
Under this Privacy Notice, groups or categories of persons from whom CHANINTR collects and Processes Personal Data are as follows:
3.1 Customerswhich means persons who purchase products and/or use services of CHANINTR or those who are expected to purchase products and/or use services of CHANINTR (prospective customers), or any other persons having similar characteristics, such as business operators that purchase products and/or use services of CHANINTR, participants in the marketing activities, including competitions and campaigns, gift voucher recipients, website users, persons who make contact to request to receive information or services from CHANINTR, and persons who provide responses to surveys concerning the products and/or services of CHANINTR, etc.
3.2 Persons related to customerswhich means persons who are related to or are representatives or personnel of juristic persons that are the customers or may become the customers of CHANINTR, such as directors, executives, employees, staff, representatives or personnel of customers who are juristic persons, including persons whose Personal Data appear in relevant documents and processes, such as witnesses, purchasers, consignees and cheque payers, etc.
4. Personal Data related to Minors
CHANINTR is not directed and intended for Processing of Personal Data of anyone under the age of 20 (“Minors”). Please do not allow your Minors to submit Personal Data to CHANINTR.
We do not knowingly collect Personal Data from anyone under the age of 20. If you are a parent or guardian and you are aware that your Minors have provided us with Personal Data, please contact us by using the contact details set out in Clause 2 of this Privacy Notice. If we become aware that we have collected Personal Data of Minors, we take steps to remove that Personal Data from our possession and storage.
5. Collected Personal Data
Your Personal Data that is collected and Processed under this Privacy Notice, regardless of whether such Personal Data was directly provided by you to CHANINTR or automatically collected from you by CHANINTR, or was provided to CHANINTR by other sources or third parties, includes the following:
5.1 Personal information,such as first name, last name, gender, date of birth, identification number, passport number, photograph, occupation and signature, etc.
5.2 Contact information,such as type of residence, address, mailing address, delivery address, telephone number, fax number, e-mail, and user IDs and accounts for various applications for communications or other social media (e.g., Facebook, Twitter, LINE and Instagram), etc.
5.3 Customer business information,such as name and address of the company you are affiliated with, and position, etc.
5.4 Information concerning transaction,such as transaction data, photos of installation place, schedule of works, drawing, customer code, purchase amount, bank account details, Personal Data which appears in the invoice, tax invoice, and receipt, and details of complaints concerning products and services (e.g., date of order, type of product, relevant branch and the problem that is found), etc.
5.5 Information that is used as supporting evidence for the execution of transactions,such as Personal Data which appears in a copy of the national identification card, copy of passport, power of attorney, copy of company affidavit, copy of bank account, map, and sale and purchase agreement or any other agreements relating to the transaction, etc.
5.6 Sensitive Personal Data,such as religion, and health data including body temperature, etc.
5.8 Other information,such as preferred brands, interested products and services, behaviors or trends to purchase products and/or services, photo and video recording by means of CCTV, and record of visitors including license plate number and time in and out, etc.
6. How CHANINTR Collects and Receives Your Personal Data
6.1 CHANINTR collects and receives your Personal Data via the following methods:
(a) Personal Data which you directly provide to CHANINTR
You may directly provide your Personal Data to CHANINTR, such as:
- When you contact, inquire, express an opinion or comment, submit a complaint to CHANINTR, whether in written or oral communications by face-to-face interaction or by contact at the place of business of CHANINTR, or by any other channels, such as by telephone, fax, e-mail, mail, website, application for communication or any other media platforms;
- When you express an intention to purchase products or use services of CHANINTR, enter into a contract with CHANINTR or deliver documents containing Personal Data to CHANINTR; and
- When you participate in marketing activities, competitions, campaigns, events or any other activities organized by or on behalf of CHANINTR, etc.
(b) Personal Data which CHANINTR automatically collects from you
(c) Personal Data which CHANINTR receives from other sources or third parties
CHANINTR may receive your Personal Data from other sources or third parties, such as:
- In case the customer is a juristic person, CHANINTR may receive your Personal Data from contact persons, representatives or personnel of the juristic person that you affiliated;
- Business partners or service providers of CHANINTR, such as digital payment platform operators, food delivery platform operators, POS restaurant management system operators, delivery service providers, website service providers, application service providers, property developers, designers, interior design and decoration companies, and suppliers, etc.;
- Designers and interior design and decoration companies that you have contacted or engaged;
- Companies in CHANINTR;
- Government agencies, such as Department of Business Development; and
- In some cases, CHANINTR may collect your Personal Data from public data sources, data sources containing information relating to your business or sources containing information relating to trades, irrespective of whether you have disclosed the Personal Data by yourself or have provided consent to somebody else to disclose such Personal Data, etc.
6.2 In collecting your Personal Data, you will be informed of the details as set out in this Privacy Notice, including but not limited to, the purposes and lawful bases for the collection, use, disclosure and/or Processing of Personal Data, or in the event that the Laws on Personal Data Protection require your consent for any Processing of Personal Data, CHANINTR will explicitly request your consent.
6.3 Where CHANINTR has previously collected your Personal Data before the Laws on Personal Data Protection have become effective, CHANINTR will continue to collect and use your Personal Data in accordance with the original purposes of collection. Nevertheless, after the Laws on Personal Data Protection in respect of the collection, use or disclosure of Personal Data have taken effect, if you do not wish for CHANINTR to collect and use your Personal Data and if CHANINTR has relied on your consent as a basis in Processing your Personal Data, you may contact CHANINTR using the contact details set out in Clause 2 of this Privacy Notice to request for the withdrawal of your consent. To this end, CHANINTR reserves the right to consider your request for the withdrawal of consent and proceed in accordance with the Laws on Personal Data Protection.
7. Purposes and Lawful Bases for the Processing of Personal Data
7.1 CHANINTR Processes your Personal Data for the purposes under lawful basis as follows (collectively, the “Purposes”):
|No.||Purposes||Lawful bases of the Processing|
|(a)||For the purpose of verifying the identification of customers or persons related to customers.||
|(b)||For the purpose of creating accounts for customers.||
|(c)||For the purpose of managing customer orders, providing contracts, and performing obligations under the contract between CHANINTR and customers.||
|(d)||For the purpose of providing customers care and support.||
|(e)||For the purpose of receiving complaints from customers or persons related to the customers.||
|(f)||For the purpose of informing news or publicizing products, services or activities.||
|(g)||For the purpose of arranging marketing activities.||
|(h)||For the purpose of developing quality of the products and services, analysis and planning of marketing strategies.||
|(i)||For the purpose of internal and external audit, and analysis of various information that is necessary for business operations of CHANINTR.||
|(j)||For the purpose of the compliance with the laws relating to CHANINTR’s business and legitimate orders of courts, government agencies and relevant officers.||
|(k)||For the purpose of establishment of legal claims, proceeding in accordance with and exercise of claims, or raising arguments to defend claims pursuant to the laws.||
|(l)||For the purpose of monitoring and ensuring the security of persons and properties of CHANINTR.||
|(m)||For any transaction that is necessary and beneficial to CHANINTR or other persons or juristic persons which are directly related to the purposes set forth above.||
|(n)||For other purposes of which CHANINTR will notify you.||
7.2 Your Personal Data which CHANINTR will Process for the Purposes set forth in Clause 7.1 above that relate to the compliance with laws or contracts or are necessary for entering into contracts with you, is the data which is necessary for the achievement of the said Purposes. If you do not intend to provide such Personal Data to CHANINTR, there may be legal implications or CHANINTR may not be able to perform its duties pursuant to the contract which has been entered into with you or may not be able to enter into a contract with you (as the case may be). In such event, it may be necessary for CHANINTR to decline to enter into the contract with you or to cancel the sale and purchase or services related to you, whether in whole or in part.
7.3 In the event that CHANINTR will Process your Personal Data in a manner and/or for purposes which are not consistent with the Purposes set forth above, CHANINTR will put in place additional policies or notifications for the protection of Personal Data to provide explanations concerning such Processing of Personal Data. In this regard, you should review such additional policies or notifications in conjunction with this Privacy Notice (as the case may be).
8. Disclosure of Personal Data
8.1 CHANINTR may disclose your Personal Data in accordance with the Purposes and the rules prescribed under the laws to the following persons and entities:
|(a)||Companies in CHANINTR, including directors, executives, staff, employees and/or relevant in-house personnel, and as necessary on a need-to-know basis for the Processing of your Personal Data.|
|(b)||Business partners, service providers, suppliers, and data processors designated or hired by CHANINTR to perform duties in connection with the management/Processing of Personal Data for CHANINTR in the provision of various services, such as information technological services, website management services, cloud services, document depository services, payment services, printing services, mailing services, delivery services, freight forwarding services, shipping services, installation services, repair services, data analytics services, marketing services, remarketing services, bank, or any other services which may be beneficial to you or relevant to CHANINTR’s business operations, etc.|
|(c)||Designers and interior design and decoration companies that you have contacted or engaged;|
|(d)||Advisors of CHANINTR, such as legal advisors, lawyers, auditors, or any other internal and external experts of CHANINTR.|
|(e)||Court and relevant governmental agencies which have supervisory duties under the laws or which have requested the disclosure pursuant to their lawful powers or relevant to the legal process or which were granted permission pursuant to applicable laws, such as Ministry of Commerce, Revenue Department, Customs Department, Department of Disease Control, Office of the Personal Data Protection Commission, Royal Thai Police and Office of the Attorney General, etc.|
|(f)||Any persons or other entities that you have given consent to disclose your Personal Data to, such as the disclosure of processed images of activities through various media platforms of CHANINTR to the general public.|
8.2 The disclosure of your Personal Data to third parties shall be in accordance with the Purposes or other purposes permitted by law, provided that if the law requires your consent to be provided, CHANINTR will request for your prior consent.
8.3 In the event that CHANINTR discloses your Personal Data to third parties, CHANINTR will put in place appropriate safeguards to protect the Personal Data that has been disclosed and to comply with the standards and duties relating to the protection of Personal Data as prescribed by the Laws on Personal Data Protection. Where CHANINTR sends or transfers your Personal Data outside Thailand, CHANINTR will ensure that the recipient country, the international organization or such overseas recipient has a sufficient standard for the protection of Personal Data or such transfers of your Personal Data outside Thailand have been carried out in accordance with the Laws on Personal Data Protection. In some cases, CHANINTR may request your consent for the transfer of your Personal Data outside Thailand, subject to the requirements under the Laws on Personal Data Protection.
9. Retention Period
CHANINTR will retain your Personal Data for the period necessary to fulfill the Purposes for which the Personal Data was Processed, whereby the retention period will vary depending on the Purposes for which such Personal Data was collected and Processed. CHANINTR will retain Personal Data for the period prescribed under the applicable laws (if any) by considering the statute of limitations under the laws for any legal proceedings that may occur from or in relation to the documents or Personal Data collected by CHANINTR and having regard to CHANINTR’s business practices and relevant business in relation to each category of Personal Data.
In this regard, CHANINTR will retain your Personal Data for a period not exceeding 10 years, starting from the date your legal relations/transactions with CHANINTR come to an end. However, CHANINTR may retain your Personal Data for a longer period of such time prescribed if the laws permit or such retention of Personal Data is necessary for the establishment of the right of claim of CHANINTR.
After the period of time set forth above has expired, CHANINTR will delete or destroy such Personal Data from the storage or system of CHANINTR and other persons providing services to CHANINTR (if any) or anonymize your Personal Data, unless in the event that CHANINTR can continue to retain such Personal Data as prescribed by the Laws on Personal Data Protection or other applicable laws. In this regard, for additional details regarding the retention period of your Personal Data, you can contact CHANINTR by using the contact details set out in Clause 2 of this Privacy Notice.
10. Your Rights in Relation to Personal Data
As the data subject, you have the following rights in relation to your Personal Data, subject to the rules, methods and conditions under the Laws on Personal Data Protection. In this regard, if you wish to make a request to exercise your rights, you can contact CHANINTR by using the contact details set out in Clause 2 of this Privacy Notice.
10.1 Right of AccessYou have the right to access your Personal Data and may request that CHANINTR provide you with a copy of such Personal Data in accordance with the requirements under the Laws on Personal Data Protection.
10.2 Right to Data PortabilityYou have the right to obtain your Personal Data, including to request that your Personal Data is transmitted to another data controller or to you, except where it is technically unfeasible, in accordance with the requirements under the Laws on Personal Data Protection.
10.3 Right to ObjectYou have the right to raise an objection to the Processing of your Personal Data in certain circumstances prescribed under the Laws on Personal Data Protection.
10.4 Right to ErasureYou may request that CHANINTR delete, destroy or anonymize your Personal Data in certain circumstances prescribed under the Laws on Personal Data Protection.
10.5 Right to RectificationYou have the right to request that CHANINTR restrict the Processing of your Personal Data in certain circumstances prescribed under the Laws on Personal Data Protection.
10.6 Right to RectificationYou have the right to request that your Personal Data be rectified if the Personal Data is inaccurate, not up-to-date or incomplete, or may cause a misunderstanding.
10.7 Right to Withdraw ConsentIf CHANINTR relies on your consent as the legal basis for Processing your Personal Data, you have the right to withdraw such consent which has been provided to CHANINTR at any time.
10.8 Right to Lodge a ComplaintIf you have any concerns or questions about any aspect of CHANINTR’s practices in relation to your Personal Data, please contact CHANINTR using the contact details set out in Clause 2 of this Privacy Notice. Where there is reason to believe that CHANINTR is in breach of Laws on Personal Data Protection, you have the right to lodge a complaint to the expert committee appointed by the Personal Data Protection Commission in accordance with the rules and methods prescribed under the Laws on Personal Data Protection.
To this end, CHANINTR reserves the right to consider your request to exercise your rights and act in accordance with the requirements under the Laws on Personal Data Protection.
11. Changes to This Privacy Notice
CHANINTR may make changes to this Privacy Notice from time to time to reflect any changes to our Processing of your Personal Data and to comply with any changes to the Laws on Personal Data Protection or any applicable laws. In this regard, CHANINTR will notify you of any significant changes to the Privacy Notice and the amended Privacy Notice through appropriate means and/or post the amended Privacy Notice on CHANINTR’s website https://pergochairs.com/agreements/#privacy. CHANINTR encourages you to review such communication periodically in order to be aware of any changes made to this Privacy Notice.
This Privacy Notice shall be effective from May 31, 2022.
Terms and Conditions for Chanintr Living Limited
These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Pergo accessible at https://www.pergochairs.com.
These Terms will be applied fully and affect your use of this Website. By using this Website, you agreed to accept all terms and conditions written here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
Minors or people below 18 years old are not allowed to use this Website. Intellectual Property Rights
Other than the content you own, under these Terms, Chanintr Living Limited and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted a limited license only for purposes of viewing the material contained on this Website.
You are specifically restricted from all of the following:
Publishing any Website material in any other media; selling, sublicensing and/or otherwise commercializing any Website material; publicly performing and/or showing any Website material; using this Website in any way that is or may be damaging to this Website; using this Website in any way that impacts user access to this Website; using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity; engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website; using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being accessed by you and Chanintr Living Limited may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
In these Website Standard Terms and Conditions, "Your Content" shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Chanintr Living Limited a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Chanintr Living Limited reserves the right to remove any of Your Content from this Website at any time without notice.
This Website is provided "as is," with all faults, and Chanintr Living Limited express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
Limitation of liability
In no event shall Chanintr Living Limited, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Chanintr Living Limited, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Chanintr Living Limited from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Chanintr Living Limited is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
The Chanintr Living Limited is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between Chanintr Living Limited and you in relation to your use of this Website, and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of th, and you submit to the non-exclusive jurisdiction of the state and federal courts located in th for the resolution of any disputes.
Return and Exchange Policy
Pergo gladly accepts returns of undamaged products in original condition for refund or exchange within 7 days of the purchase date. Please note that items purchased using promotions or any other offers are final sale and cannot be returned or exchanged. In the case that we deliver an incorrect order or a defective product, we will either send a replacement within 7 business days or issue a refund.
Discounted items and/or items purchased using a promotion or any other offers are not valid for return or exchange. In the case that the item was delivered damaged or defective, the customer must contact our sales team within 7 days of the delivery date and Pergo will send a replacement within 7 business days.
Pergo monitors account activity and reserves the right to refuse transactions and/or close accounts based on order or returns behavior.
Refunds and Processing Time
Eligible return items purchased with cash or bank transfer will be issued a full refund within 14 business days into the customer’s bank account.
Eligible return items purchased with a credit or debit card will be issued a refund with a bank fee to the original form of payment within 30-45 business days.
Eligible return items purchased using an installment plan will be issued a refund with fees depending on the terms and conditions of the credit card company.
How to start the return process
Please read our policy above to make sure that your item is eligible for refund or exchange.
Send an email including your order number and reason for return/exchange to firstname.lastname@example.org
A customer service representative will contact you back via phone to confirm that your order is eligible for return/exchange and will schedule a pick-up date for your item.
After confirmation, please make sure the item is in the package.
Our team will pick up the item on the scheduled date.
Terms and Conditions of PERGO Subscription
Unless the context otherwise requires, the following definitions shall have the following meanings:
“Customers” or “Customer” means a Website user with PERGO Subscription account.
“Intellectual Property Rights” means copyright, trademarks, service marks, trade names, service names, domain names, trade dress, patents, trade secrets, know-how, rights in goodwill, database including Your Information, rights in designs including images, sounds, graphics, video, software, and any and all other intellectual property rights in any forms of protection, whether registered or unregistered in any part of the world.
“Password” refers to the valid password that a Customer must use in conjunction with the Username to access Customer’s account with PERGO Subscription.
“PERGO” means the Website operated by Chanintr Living Limited having its registered address at GPF Witthayu, Tower A, 18th Floor, 93/1 Wireless Road, Lumpini, Pathumwan Bangkok and for all legal purposes, Chanintr Living Limited as a legal entity.
“Product” or “Products” means the rental product(s) available for You and/or Customer(s) by Subscription as displayed on the Website which PERGO may at any time add or delete from the Website without prior notice.
“Terms and Conditions of PERGO Subscription” means the terms and conditions which specifically apply to the subscription to Product(s) on the Website.
“Website” means this website https://pergochairs.com/, both the web and mobile versions.
“Subscription” means a subscription service provided by PERGO in order to allow a Customer(s) to rent the Product(s) through the Website.
“Subscription Fee” means the subscription fee of each Product payable by a Customer to PERGO, as set out on the Website.
“Username” refers to the valid username of a Customer who has an account with PERGO.
“You” means any person accessing the Website whether or not a Customer of PERGO.
“Your Information” means any information a Customer gives to PERGO whether via the Website, telephone, email and all or any other methods whether by Subscription and/or creating a PERGO Subscription account including but not limited to personal data such as your name, e-mail address, billing address, shipping address, phone number and payment information.
2. General Use of and/or Access of the Website
2.2 PERGO requires a Customer to create a PERGO Subscription account and verify such account via PERGO’s confirmation email in order to subscribe to the Product(s). PERGO may, at any time in PERGOs sole and absolute discretion, request that You update Your Information or forthwith invalidate the Username and/or Password without giving any reason or prior notice.
3. Intellectual Property
The Intellectual Property displayed in or obtained through the Website shall, at any time, be owned by PERGO.
4. Hyperlinks and Advertising
PERGO may include hyperlinks and/or banners to other websites, or content on the internet on the Website for the purposes of advertising third parties’ products and/or services. Such linked websites or content are owned and/or operated by third parties and are not under PERGO’s control. PERGO is not liable for any errors, falsehood, inaccuracy and any other objectionable materials in the linked websites and contents. You agree that your access to or use of such linked websites or content is entirely at your own risk.
5. Your Information
By submitting Your Information, You consent to and authorize PERGO, PERGO’s operator and PERGO’s related companies to use Your Information, including without limitation, for the purposes of:
(a) sending informational and promotional emails to You;
(b) delivering the subscribed Product(s) and picking-up of the returned Product(s);
(c) providing Customer support;
(d) administering your account with PERGO; and
(e) verifying and carrying out financial transactions in relation to payment(s) You make with PERGO.
PERGO may, in its sole and absolute discretion, with immediate effect upon giving You notice, terminate your use of the Website and/or disable your Username and Password.
7.1 All notices or other communications shall be deemed duly given to You if:
(a) communicated through any print or electronic media. In such case, it shall be deemed to be notified to You on the date of publication; or
(b) sent by post to your last known address or email address. In such case, it shall be deemed to be received by You on the day following such posting or sending.
7.2. You may only give notice to us in writing and send it to our designated address at GPF Witthayu, Tower A, 18th Floor 93/1 Wireless Road, Lumpini, Pathumwan Bangkok with attention to Chanintr Living Limited or email at email@example.com, and we shall be deemed to have received such notice only upon receipt. While we endeavor to respond promptly to your notice, we do not guarantee consistent speed of response.
8.1 The T&C shall be governed by and constructed in accordance with Thai laws and You hereby submit to the exclusive jurisdiction of the Courts of Thailand.
8.2 You acknowledge and agree that any records including without limitation records of any telephone conversations, emails, Order, Your Information, Password, Username maintained by PERGO relating to or in connection with the Website and Subscription to Product(s) shall be binding and conclusive on You for all purposes whatsoever and shall be conclusive evidence. You hereby agree that all such records are admissible as original evidence in Courts and/or any authorities in any jurisdiction and that You shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and You hereby waive any of your rights, if any, to so object.
1. Definitions & Interpretation
2.2 Customer agrees and acknowledges that access to the Website, any Subscription, and any of Your Information, data or communications referable to Customer’s Username and Password shall be deemed to be:
(a) Customer’s access to the Website;
(b) Customer’s Subscription; and/or, as the case may be
(c) Customer’s inputted information.
Customer undertakes to treat Username and Password confidentially. Customer further agrees and acknowledges that Customer shall be bound by and agrees to fully indemnify PERGO and/or its operator against any and all damages attributable to any access to the Website, any Subscription and any inputted information referable to Username and Password.
2.3 Customers with a PERGO Subscription account must be of legal age and have the legal capacity to enter into and any form of contracts. If You are below 20 years old or do not have legal capacity to enter into contracts, You must first obtain:
(a) consent from your parent(s) or legal guardian(s);
(b) your parent(s)’s or legal guardian(s)’s acceptance of the T&C;
(c) parent(s)’s or legal guardian(s)’s agreement to take responsibility for (i) your actions, (ii) any charges associated with Subscription, and (iii) your acceptance and compliance with the T&C.
3. Subscription to Product(s)
3.1 Customer may start the Subscription to the Product(s) via a Customer’s account with PERGO by placing the Product(s) into a cart and completing the Subscription form on the Website. Each Subscription is for each Product.
3.2 The Subscription shall be subject to PERGO’s acceptance in its sole discretion which will be informed to you by the Subscription confirmation, and each Subscription accepted by PERGO shall constitute a Subscription contract between a Customer and PERGO according to these terms and Conditions of Subscription. For the avoidance of doubt, the charge of the first payment to a Customer, subject to Clause 7.2, does not mean the Subscription contract has been formed.
3.3 Once a Subscription contract is constituted, PERGO still reserves the right to terminate the Subscription contract, whether or not the subscribed Product(s) has been dispatched, in transit and whether payment has been charged to a Customer, in the event that a subscribed Product(s) has been mispriced on the Website.
3.4 All Subscriptions will be deemed to be irrevocable and unconditional upon transmission through the Website and PERGO shall be entitled (but not obliged) to process for such Subscription and collect payment(s) without Customer’s further consent and without any further notice to Customer.
4. Subscription Term
4.1 The Subscription term for all Subscription contracts is 1 month. Customer agrees that each Subscription shall be automatically renewed until canceled or terminated.
4.2 In the event that the Subscription term is renewed up to 12 months, Customer shall allow PERGO’s team to inspect, clean and/or perform any necessary actions for the maintenance of the subscribed Product(s). PERGO shall notify Customer at least 30 days prior to the appointment for maintenance service.
5. Subscription Fee
5.1 The Subscription Fee of the Product(s) shall be listed at the time at which the Subscription of Customer is transmitted to PERGO. PERGO shall be entitled to amend the Subscription Fee at any time without giving any reason or notice.
5.2 Customer is required to subscribe to each Product at a minimum Subscription Fee of Baht 5,000. Such minimum Subscription Fee may be amended by PERGO at any time without giving any reason or notice.
5.3 One delivery and pick-up fees are included in the Subscription Fee.
5.4 All Subscription Fees are inclusive of VAT.
6. Modification of Subscription
Customer may modify the Subscription by sending the request to the confirmation email from PERGO. In the event that such request is not made at least 2 business days prior to the scheduled delivery or pick-up, the modification fee of Baht 990 will be applied.
7.1 Customer shall make payment using a credit card, or any of the payment methods as prescribed by PERGO and shall authorize PERGO to charge the Subscription Fee and any other charges incurred as a result of Customer’s requests (if any) per Customer’s selected payment method.
7.2 The Subscription Fee will be charged on a monthly basis per the Customer’s selected payment method throughout the Subscription term. The first payment will be charged immediately upon the complement of the Subscription form set forth in Clause 3.1 and the ongoing payments will be charged on the calendar day corresponding to the delivery day (for example, the Subscription is made on 1st and the subscribed Product(s) is delivered on 5th, the first payment will be charged on 1st but the ongoing payments will be charged on every 5th of the month thereafter).
7.3 If the Customer’s selected payment method fails and is not remedied before the next billing cycle is due to be collected, PERGO shall have the right to terminate the Subscription.
7.4 The payment method, billing information, or any issue relating to the payment can be amended by contacting PERGO from time to time and Customer is deemed to authorize PERGO to continue to charge per the updated payment method.
7.5 Refund of Payment:
(a) All refunds shall be made via original payment mechanism and to the person who made the original payment ONLY.
(b) PERGO does not guarantee the timeliness of the refunds reaching the Customer's account. The processing of refund is subject to the respective banks’ and/or payment gateway service providers’ internal processing timeline.
(c) All refunds are conditional upon PERGO’s acceptance of a valid return of the subscribed Product(s). PERGO reserves the right, at its sole and absolute discretion, to examine the condition of the returned Product(s), which may result in a refund being refused in full or partly.
8. Delivery and Pick-up of Subscribed Product(s)
8.1 PERGO provides the delivery and pick-up services for addresses in Bangkok or other service areas provided by PERGO only.
8.2 Customer may select the preferred date (Monday to Saturday, excluding public holidays) for delivery or pickup. Without any guarantee, PERGO will endeavor to accommodate the date and time in about 3 – 5 business days according to the Customer’s request and confirm the delivery or pick-up appointment to Customer in advance.
8.3 The delivery or pick-up appointment may be rescheduled by contacting PERGO at least 2 business days prior to the scheduled date, otherwise a rescheduling fee may be charged.
8.4 Unless otherwise specified, any handling expenses incurred upon any Customer’s request will be charged at Baht 990 per subscribed Product/time.
8.5 Customer shall be at the delivery or pick-up address on the date of appointment. At the time of delivery, Customer shall be required to sign the delivery document(s) handed by PERGO’s team and shall be deemed to receive the subscribed Product(s) in a like-new condition unless any remark is indicated by Customer.
8.6 During COVID-19 pandemic, the following conditions shall be applied unless the amendment is made by PERGO from time to time without any advance notice to Customer:
(a) PERGO shall work to safeguard the health of all Customers and PERGO team as much as is possible, including but not limited to social distancing, wearing face masks, using hand sanitizers and complying with all relevant laws, regulations, rules and recommendations of health authorities;
(b) All delivery trucks shall be equipped with sanitizers, disinfecting wipes, latex gloves and face masks; and
(c) Customer and/or anybody involved with the delivery or pick-up activities shall wear face masks at all times. In case Customer and/or anybody in the same household has any signs of COVID-19 symptoms, such issue must be immediately informed to PERGO and the appointment shall be scheduled. PERGO shall have the right to refuse to carry out delivery or pickup and charge for any further incurred handling expenses (if any) if such issue is discovered by PERGO team.
9. Returns and Exchange of the Subscribed Product(s)
9.1 Customer may return the subscribed Product(s) by sending a request to PERGO.
9.2 The subscribed Product(s) must be returned in the same condition it was delivered in.
9.3 Customer may return or exchange the subscribed Product(s) without any charges if a request is sent to PERGO within 3 calendar days after the delivery date.
9.4 In case Customer does not send a request to return the subscribed Product(s) specified in Clause 9.3, Customer shall give advance notice of at least 2 business days prior to the preferred pick-up date. The handling expenses will be charged to Customer.
9.5 Subject to clause 9.3, Customer may, during the Subscription term at any time, upgrade or exchange the subscribed Product(s) for other Product(s) by sending the written notice to PERGO not less than 7 business days in advance. A processing fee will be charged to Customer at Baht 990 per Product/time. The difference of the Subscription Fee will be collected immediately upon the date of Customer’s request in case the Subscription Fee of exchanged Product(s) is higher than the subscribed Product(s). For the avoidance of doubt, Customer shall not be entitled to any refund if the Subscription Fee of exchanged Product(s) is cheaper.
10. The subscribed Product(s)
10.1 A Customer acknowledges and agrees that the title in the subscribed Product(s) belongs to Chanintr Living Limited and shall not pass to the Customer.
10.2 The Customer shall hold the subscribed Product(s) as PERGO's fiduciary agent and/or bailee as the case may be.
11. Obligations of PERGO Subscription
11.1 PERGO shall maintain, inspect, deeply clean, disinfect and refurbish the Product(s) in a like-new condition before delivering to Customer. PERGO guarantees that the reparation for the Product(s) will be done with new official spare parts from Herman Miller; and
11.2 PERGO shall undertake the maintenance for all regular wear and tear i.e. scratches, fading, dirt, smudges and/or loose parts or fabric arising out of the ordinary and suitable usage.
12. Obligations of Customer
12.1 Customer shall use the subscribed Product(s) subject to its ordinary and suitable usage and shall not sublease or assign any rights under these Terms and Conditions of Subscription to a third party without advance written consent of PERGO;
12.2 Customer shall keep, maintain, look after and preserve, on a regular basis and at a Customer’s expenses, the subscribed Product(s) in a good working condition throughout the Subscription term and any renewals thereof;
12.3 Unless otherwise specified, a Customer shall be obliged to the loss of or all damage to the subscribed Product(s) arising from unsuitable or improper use, willful vandalization, negligence, abnormal working conditions, excessive load, and/or modification to the original condition of the subscribed product(s); and
12.4 Upon receiving reasonable written advance notice of at least 7 days from PERGO, a Customer shall allow PERGO or the PERGO’s authorized representative(s) to inspect the condition of the subscribed Product(s).
13. Relocation of Subscribed Product(s)
13.1 The subscribed Product(s) shall not be relocated to other places without a 7 days’ written advance notice to PERGO. PERGO shall be entitled to terminate the Subscription if such new address is outside Bangkok or other service areas provided by PERGO.
13.2 Customer may relocate the subscribed Product(s) as follows:
(a) by Customer – Customer shall keep, maintain, look after and preserve the subscribed Product(s) at all time during the transportation and installation to the new place; or
(b) by PERGO – Customer may request PERGO to transport the subscribed Product(s) at “Contact Us” button on the Website. In this case, a transportation fee of Baht 990 will be charged to the Customer.
14. Cancellation of Subscription
14.1 Customer may cancel the Subscription at any time by sending a request to PERGO subject to the following conditions:
(a) Customer shall not be charged any amount of payment if the cancellation request is made before the delivery of the subscribed Product(s).
(b) Unless Customer cancels the Subscription before the billing date, Customer authorizes PERGO to charge the Subscription Fee for the next billing cycle to Customer’s payment method.
(c) Customer shall be obliged to pay the difference between the paid amount of the Subscription Fee of the subscribed Product(s) and a minimum Subscription Fee subject to Clause 5.2, which shall be charged immediately on the cancellation date (if any).
(d) Customer is able to continue using the subscribed Product(s) through the end of billing period and the subscribed Product(s) shall be returned to PERGO LITE at the date and time accommodated by PERGO set out in Clauses 8 and 9.
(e) For the avoidance of doubt, PERGO shall have the right to not refunds for any partial Subscription Fee which has been paid if Customer cancels the Subscription and wishes to return the subscribed Product(s) before the end of the billing period.
15.1 PERGO may terminate the Subscription as a result of the Customer’s failure to comply with these Terms and Conditions of Subscription and fails to remedy within 30 days after the date of receipt of PERGOs written notice.
15.2 Upon termination in accordance with Clause 15.1, Customer shall not be entitled to a refund of any paid amounts and the subscribed Product(s) shall be returned to PERGO at the date and time scheduled by PERGO.
LIMITATION OF LIABILITY
RETURN OF THE SUBSCRIBED PRODUCT(S) AND REFUND OF THE SUBSCRIPTION FEE ARE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR NON-CONFORMITY OF OR DEFECTS IN THE SUBSCRIBED PRODUCT(S).
FOR AVOIDANCE OF DOUBT, NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS OF SUBSCRIPTION IN THE CONTRARY, PERGO’S MAXIMUM CUMULATIVE LIABILITY TO CUSTOMER OR TO ANY OTHER PARTIES FOR ALL LOSSES AND DAMAGES UNDER, ARISING OUT OF OR RELATING TO EACH SUBSCRIPTION CONTRACT, WILL NOT EXCEED THE SUMS THAT CUSTOMER HAS PAID TO PERGO LITE UNDER SUCH SUBSCRIPTION CONTRACT.