Terms of Service

TERMS OF SERVICE

1. Overview

1. This website www.cheerzonline.com (“website”) is operated by Cheerz (International) Co. Ltd. (“the Company”) and all information, tools, and services available from this site is offered to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here (“Terms and Conditions”).

2. By visiting our website, completing the members registration process and/ or placing your order with us, you acknowledge that you have read and understood the Terms and Conditions stated herein and agree to be bound by the same. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website or use any services.  

3. We reserve the right to update, change or replace any part of these Terms and Conditions without prior notice. Your continued use of or access to the website constitutes acceptance of those changes.

2.0 General Conditions

2.1 You must be 20 years of age or older to visit our website, register an account as a member or to place an order with us. By placing an order with us, you confirm that you are at least 20 years old and that you have agreed to these Terms and Conditions.

2.2 We reserve the right to refuse service to anyone for any reason at any time.

3.0 Accuracy of Information

3.1 We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.

3.2 Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. 

3.3 We reserve the right to modify the contents of this website at any time, correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order) but we have no obligation to update any information on our website. 

4.0 Product or Services 

4.1 Prices shown on the website are in Thai bahts and include VAT where applicable. The prices exclude delivery and handling charges (if any).

4.2 We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. 

4.3 All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

5.0 Orders 

5.1 All orders placed on the website are subject to our acceptance of the order and availability of the goods. If the goods ordered are not available, we shall contact you through the means you have provided at registration to inform you of alternative options.

5.2 Once an order has been accepted by us, no cancellation of that order is valid unless you have received our written communication agreeing to the cancellation of that order.

5.3 You have agreed to enter a contract with us for the sale and supply of goods or services only when the following have been fulfilled: -

(a) The placement of an order for the goods or services.

(b) The written acceptance of the order by us.

(c) Payment in full (plus any applicable delivery and handling charges); and 

(d) Confirmation from us that payment has been received.

5.4 We will contact you as soon as practicable via telephone, email, or other electronic means after you have placed your order to confirm the acceptance of the order and for you to make the arrangements for payment.

5.5 If you have any queries on the status of your order, please contact us with the order number.

5.6 We reserve the right to cancel an order placed by you if:

(a) There is insufficient stock of the relevant goods to complete your order; or

(b) We have identified an error in the price or description of the goods; or

(c) We do not deliver to your area; or

(d) Any other reasons not listed above. 

6.0 Payment

6.1 All payments must be made in full upon our acceptance of your order.

6.2 Delivery of your order will only be made once full payment for the order has been received by us, including any applicable delivery or handling charges.

6.3 Payment can be made via bank transfer or [xxx] and subject to any additional terms and conditions of these providers.

6.4 We will not be responsible for any damages or consequential losses of any kind (whether direct or indirect) suffered by a user where a credit/debit card or any other payment method is fraudulently used or is used in an unauthorized manner or improper manner. 

7.0 Delivery and Return

7.1 Please refer to the Delivery Policy for details. 

8.0 Disclaimer of warranties

8.1 You expressly agree that your use of, or inability to use, the site and service is at your sole risk. All products and services delivered to you (except as expressly stated by us) are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

9.0 Limitation of Liability 

9.1 In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law or to the payment you have made for the goods whichever is the lower.

10.0 Indemnity

10.1 You will at all times indemnify, and keep indemnified, the Company and each of its related entities, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or any breach of these Terms and Conditions.

11.0 Severability

11.1 In the event that any provision of these Terms and Conditions are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

12.0 Governing Law

12.1 These Terms and Conditions and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of Thailand.

13.0 Changes to Terms and Conditions

13.1 We reserve the right to vary these Terms and Conditions as and when it considers such changes appropriate without prior notice to you. Any variation to the Terms and Conditions shall be effective immediately upon them being posted on the website. If the variation is unacceptable to you, you shall cease to use the website; if you continue to use the website following such variation, you shall be deemed to have accepted the variation.

14.0 Waiver

14.1 The failure by us to exercise or enforce any right or provision under these Terms and Conditions will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms and Conditions will only be effective if it is in writing and signed by us.