Agreements

Agreements

PERGO Website


PRIVACY POLICY


Chanintr Living Limited ("us", "we", or "our") operates the https://pergochairs.com/ website (the "Service").

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected


While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to: - Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Cookies and Usage Data

Usage Data


We may also collect information on how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data


We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:


- Session Cookies: We use Session Cookies to operate our Service.
- Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
- Security Cookies: We use Security Cookies for security purposes.

Use of Data


Chanintr Living Limited uses the collected data for various purposes:
- To provide and maintain the Service.
- To notify you about changes to our Service.
- To allow you to participate in interactive features of our Service when you choose to do so.
- To provide customer care and support.
- To provide analysis or valuable information so that we can improve the Service.
- To monitor the usage of the Service.
- To detect, prevent and address technical issues.
- To use for sales and marketing purposes.

Transfer of Data


Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.

If you are located outside Thailand and choose to provide information to us, please note that we transfer the data, including Personal Data, to Thailand and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Chanintr Living Limited will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data


Legal Requirements:

Chanintr Living Limited may disclose your Personal Data in the good faith believing that such action is necessary: - To comply with a legal obligation.
- To protect and defend the rights or property of Chanintr Living Limited.
- To prevent or investigate possible wrongdoing in connection with the Service.
- To protect the personal safety of users of the Service or the public.
- To protect against legal liability.

Security of Data


The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Service Providers


We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics


We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics


Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Links to Other Sites


Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy


Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children have provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy


We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us


If you have any questions about this Privacy Policy, please email us at info@pergochairs.com

Terms and Conditions for Chanintr Living Limited

Introduction


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.

Restrictions


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.

Your Content


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.

No warranties


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.

Indemnification


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.

Severability


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.

Assignment


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.

Entire Agreement


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 info@pergochairs.com

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.

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Terms and Conditions of PERGO Subscription


General Terms of Use


1. Definitions


Unless the context otherwise requires, the following definitions shall have the following meanings:

“Customers” or “Customer” means a Website user with PERGO Subscription account.

“General Terms of Use” means these general terms of use.

“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.

“T&C” means these General Terms of Use, Terms and Conditions of Subscription, instructions, notices and all any other rules or guidelines governing the use of Website and the Subscription to Product(s).

“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


2.1 By using and accessing the Website, You agree to comply with any and all T&C as well as any of their amendments issued by PERGO. PERGO reserves the right to revise and/or add T&C at any time, and without any advance notice, and You are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Website and/or upon your receipt of our notification email(s) issued in accordance with these General Terms of Use.

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.

6. Termination


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. Notices


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 info@pergochairs.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. Miscellaneous


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.

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1. Definitions & Interpretation


Unless otherwise defined, the definitions and provisions set out in General Terms of Use will apply to these Terms and Conditions of Subscription.

2. General Terms of Use and Customer’s Account with PERGO


2.1 The General Terms of Use shall be applied to these Terms and Conditions of Subscription mutatis mutandis as long as they do not conflict with these Terms and Conditions of Subscription.

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. Payment


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. Termination


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.