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Terms and conditions of Lyreco (Thailand) Co.,
Ltd
This is the
English translation from Thai version of the Sales Terms and Conditions of
Lyreco Thailand, which are supplied here for information purpose only. In case
of all and any disputes, the Thai language version will apply.
By purchasing
from the catalogue and using the services, you are agreeing to these Terms and
Conditions.
1.
Conditions
Applicable
1.1. Lyreco (Thailand) Co., Ltd.
is registered to
operate business in Thailand with the registration number and VAT No.
0105544109337. The head office is located at 4345 Bhiraj
Tower at Bitec, 16th floor Unit 1601-1608 Sukhumvit
Road, Bangna, Bangna,
Bangkok 10260
1.2. These Conditions shall apply to all contracts
for the sales of goods (including services) by Lyreco (Thailand) Co., Ltd.
(hereby called “The Company”) to the buyer who is acting in
the course of a business. The company shall not be responsible for any
legal liability regarding the activity, which does not conform to this
contract.
1.3. The Company reserves the right to add, alter, amend or withdraw any of these Terms and Conditions or the
Company’s Service Guarantee without notice.
1.4. Orders for goods will only be accepted from
buyers acting in the course of a business and the
Company will not accept orders from office supply businesses or other wholesale
or retail businesses.
1.5. Where the Company knows or is made aware or
suspects that the buyer is a dealer in or is a supplier of office supplies or
is otherwise engaged in the office supplies business, then the Company will not
sell goods to that buyer and can withdraw from any transaction entered into
between the Company and the buyer and reserves the right to refuse to sell to
that buyer in its sole discretion.
1.6. All orders for goods until accepted or rejected
at its discretion by the Company shall be deemed to be an offer by the buyer to
purchase goods pursuant to these Conditions and all goods are offered subject
to availability. The Company reserves the right at any time to impose a minimum
order quantity on any orders for goods prior to the order being accepted by the
Company.
1.7. Whilst the Company has attempted to ensure that
the information within its catalogues, website and other publications is
correct at the time of publication, they do not form part of any contract for
the sale of goods. For technical reasons, color illustrations should be viewed
as a guide only.
1.8. Any typographical, clerical
or other error or omission in any sales literature, quotation, price list,
acceptance of offer, invoice or other document or information issued by the
Company shall be subject to correction without any liability on the part of the
Company.
1.9. Working days, as agreed in these terms and
conditions, mean Monday to Friday of each week excluding bank holidays, public
holidays of Thailand or company’s holidays, which will be informed to the buyer
in advance.
2.
Orders,
Specifications
2.1. The Company reserves the right to make any
changes in the specification of the goods which are required to conform with
any applicable safety or other statutory requirements, or where the goods are
to be supplied to the Company’s specification which do not materially affect
their quality or performance. Whilst the Company will endeavor to supply the
product to ordered, the Company reserves the right to supply products of a
comparable specification without notice and to vary to a reasonable extent the
quantities delivered from those ordered to conform with the Company’s or its
suppliers standard packaging. If supplies of an item are temporarily
interrupted, the Company will replace the item with another one of comparable
quality or will expedite delivery of the item as soon as it becomes available.
2.2. The goods sold by the Company are at its
discretion categorized as:-
I. Stock stationery products being stationery and
office supplies products ordinarily held in stock by the Company for direct
delivery.
II. Stock Furniture Products being furniture
products ordinarily held in stock by the Company for direct delivery.
III. Non-Stock products – being the products not
ordinarily held in stock by the Company.
it is the Company’s right to classify these type of
products. In order to provide greatest comfort
to the buyer, the Company will mark for the
non-stock products, which the Company does not stock in our inventory.
2.3. Any non-returnable goods sold by the Company
will only be accepted as a return either at the Company's absolute discretion
or where the goods are found to be defective at the date of delivery.
2.4. Orders for stock stationery products may be
cancelled at any time prior to the dispatch of the goods. Orders for other
stationery products may only be cancelled with the written agreement of the
Company.
3.
Price and Payment
3.1. The company has the policy to offer the best
price to the buyer under the condition that the situation is normal and the
price specified in the Company’s quotation is the price that the Company has
adjusted to be the most appropriate level under the Company best discretion.
Additionally, according to the nature of stationery market, where the price is
continually fluctuating, the Company reserves the rights to adjust the price of
products without prior notice, except where the price has been predefined in
writing only. Besides this, the price of products is marked on the delivery
date. If possible, the Company will inform the change in price before there is
an actual adjustment.
3.2. The price that the Company offers is excluding
VAT, which is the rate at the date of delivery.
3.3. The buyer shall pay the price of the goods
within 30 days of the date of the Company’s invoice not withstanding that the
property in the goods has not passed to the buyer. The time of payment shall be
of the essence of the contract.
3.4. The Company reserves the right to grant,
refuse, withdraw, restrict, alter or cancel credit
terms at its sole discretion. The Company, without limitation, reserves the
right to refuse or cancel orders for goods where the buyer is or is liable to
become in breach of its agreed credit terms.
3.5. If the buyer fails to make payment on the due
date then without prejudice to any other right or remedy available to the
Company, the Company shall be entitled to charge the buyer for the debt
collection as follows.
I. The outstanding payment will be charged with
the interest at 15% per year until the buyer settles all the outstanding debts.
According to the principle of interest calculation, the fraction of the month is
considered as an entire month. Hence, the interest is applied before and after
the court’s judgment.
4.
Delivery
4.1. For the buyer who has registered and opened
account with customer service department at Lyreco (Thailand) Co., Ltd.
4.1.1 Without problems regarding the traffic jam, bad
weather, terms & conditions in this contract, the company shall deliver the
products as follow.
4.1.1.1 The Company shall deliver Purchase Orders of
stocked catalogue products received on working days before 18:00 within the next
working day to the buyer (in specific location defined by the Company*). The Company and the buyer are entitled to
determine a different delivery date by a mutual consent.
4.1.1.2 In case of ordering any products, which are not
stocked in our inventory, no matter that the absence is caused by the
manufacturer or any other possible reasons, the Company will inform the buyer
about the date that the product will be delivered. However, the Company will
not hold responsibility for the delay in delivery caused by the aforementioned
factors. Hence, the delivery schedule should not be materially included in this
contract except the agreement has been previously made in writing.
4.1.1.3
The company will not hold any responsibility regarding the undelivered
of the products according to the uncontrolled reasons or any other reasons
caused by the mistake of buyer or manufacturer.
4.2 The Company reserves the right to make a separate
charge for deliveries where the buyer specifically requests and the Company
agrees to making a delivery by an agreed time.
4.3 The
purchase order reception, the buyer shall order the products through phone,
fax, email and company’s website during the Company’s working day before 18.00 Purchase orders
received after 18:00 are classified as received the next working day.
5.
Risk and Property
5.1. Risk of
damage to or loss of the goods shall pass to the buyer at the time of delivery.
5.2. Although the product has been delivered to the
buyer and the buyer has held liability to the risk of product, the title of the
product has not yet been transferred to the buyer unless the full payment is
made on schedule as previously agreed to the Company.
5.3. The company has the right to recover the goods
at anytime as long as the title has not yet been
passed to the buyer and the buyer must allow the Company’s representative to
access the buyer’s premise in order to check and recover the goods in respect
of which title has not passed to the buyer.
5.4 The buyer
has the right to use the product until the buyer receives the title in the
product.
6.
Warranties and
Liability
6.1. The company will replace the product it is
found to be damaged during the delivery process without any additional charges.
If the delivered product or the price of product is different to the buyer’s
order caused by the mistake of the Company, the Company will reclaim the
product and make a refund to the buyer without any additional charges. In case
that the buyer is unsatisfied with the received product, the Company offers
full credit on all orders within 30 days of receipt**. The orders must not be opened and the original packaging must be intact and clear
of markings. However, it is the Company’s absolute discretion to finally accept
the case of return. When the return is accepted by the Company, the
logistics department of the Company will be responsible for the pick up from the buyer without any additional charges.
Afterwards, the Company will cancel the invoice.
6.2 The
Company shall not be liable to the buyer or be deemed to be in breach of the
contract by reason of any delay in performing, or any failure to perform, any
of the Company's obligations in relation to the goods, if the delay or failure
was due to any cause beyond the Company's reasonable control. Without prejudice
to the generality of the foregoing, the following shall be regarded as causes
beyond the Company's reasonable control:
I. Traffic jam, bad weather condition, explosion,
flood, storm, fire or accident or any other events beyond company’s capability
II. War, terrorism, riot, rebel
and expropriation
III. A lawful act, prohibition, regulation,
municipal law or measure announced by state or
congress or local government unit.
IV. A regulation of import and export. A
prohibition to export to other countries
V. Strike or industrial related event or the
trading conflict (no matter it involves with company’s employee or other third
party’s employee).
VI. The difficulty in deriving of raw material,
workforce, energy, component parts of the machine.
VII. Electrical shortage, damaged vehicle, machine or system break down
VIII. Regulation announced by the government about stopping , delaying or parking the vehicle which may affect
the delivery of the Company
7. Personal Data Protection Policy
At Lyreco, we
believe privacy is important. That's why we have established a comprehensive
privacy program, including a global privacy office and a chief privacy officer,
designed to help us protect privacy rights.
In the course of supplying its Services to Customers, Lyreco will need to process
Customer Personal Data. Indeed, the Customer Data Subjects are the sole
end-users of Lyreco and the Lyreco’s website acting on behalf of the Customers,
which are in business relationships with Lyreco. The Customer Personal
Data to be processed through the website are mainly and basically the Personal
Data required for Lyreco to be able to supply the Services to the
Customers, that is to say mainly to place and follow-up a purchase order placed
to Lyreco.
Your Personal Data are used by Lyreco to:
- Create a Customer Account on our website
- Answer Customer’s enquiries
- Perform Customer management operations regarding
orders, deliveries, invoices, accounting (management of accounts receivable),
- Conduct marketing campaigns and inform Customers
about our products and services,
- Monitor our relationship with our Customers
conduct Customer satisfaction surveys, conduct sales statistics,
- Manage unpaid invoices recovery and disputes
with our Customers,
- Monitor Customer’s experience on our website
- We also use Cookies in order to enhance your customer experience on our website,
please refer to the cookie policy section on our Privacy Notice
If you wish to change your preferences, you may
manage your consents on the website in “My Profile” section of your user log in
or contact our Customer Service at th.orders@lyreco.com
You may refer to our Privacy Policy at https://www.lyreco.com/webshop/ENTH/personalData/view
8.
General
8.1
This contract
shall be governed by the laws of Thailand
Company Address
Lyreco
(Thailand) Co., Ltd.
4345 Bhiraj Tower at Bitec, 16th Floor, Unit 1601-08, Sukhumvit Road,
Bangna, Bangna
Bangkok 10260
*Provinces including: Bangkok,
Samutprakarn, Samutsakorn, Nakornprathom,
Rachburi, Ayuthaya,
Prathumthani,
Nonthaburi, Cholburi, Rayong, Prachinburi, Saraburi
**Excluded all
non-returnable products, which marked
By exception to the provisions as set forth in the General
Terms and Conditions of Sale of Lyreco, the Customer releases Lyreco from any
liability arising out of a breach of any provisions of these Terms and
Conditions of Sale, that would be, directly or indirectly, induced by any
pandemic situation (as defined by the WHO) including but not only COVID-19, any
governmental decision limiting freedom of movement, or by any associated or
consequential event.