Terms & Conditions 2017-11-30T19:09:22+00:00

Terms & Conditions

THE LEGAL AGREEMENTS SET OUT BELOW SERVES AS A SALES CONTRACT BETWEEN YOU AND US. TO AGREE TO THESE TERMS, CLICK “AGREE” BEFORE PROCEEDING TO CHECKOUT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE” AND DO NOT PURCHASE ANY GOODS FROM THIS WEBSITE.

Definitions

In this contract, the following words will have the following meanings:

  1. “Terms & Conditions” means Terms & Conditions for sale of Goods.
  2. “Buyer” means the person who purchases Goods from the Seller.
  3. “Goods” means products or services to be supplied to the Buyer by the Seller.
  4. “Seller” means Klas & Sylph (Thailand) Co., Ltd. – a private limited company registered in the Kingdom of Thailand under e-commerce license number 0105530027066 with registered address at 5/2 Mu 11 Bangna-Trad Rd. Bangchalong Bangplee Samut Prakan 10540 Thailand.
  5. “Site” means Klas & Sylph website(s) located at and all associated sites linked to klas-sylph.co.th by Klas & Sylph, its subsidiaries and affiliates, including Klas & Sylph sites around the world.
  6. “Regular Retail Price” means price before Discounts.
  7. “Sale Price” means price after Discounts.
  8. “Discounts” means flat discount, discounts obtained from KS Reward Points redemption, promotional coupon discounts, or any other promotional offer that gives the Buyer deduction from the billing amount.
  9. “KS Reward Points” means points that are awarded to the Buyer for his/her purchase of Goods from the Site or for their participation or engagement in online promotional activities organized by the Seller or its affiliates that promise to award points.
  10. “Social Media” means Facebook page(s), Instagram account(s), Twitter accounts, and any other social media that the Seller have official brand pages on.

General

  1. These Terms & Conditions apply to the sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
  2. Any variation to these Terms & Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

Price & Payment

  1. The effective price of the Goods will be the Sale Price as offered on the Site, unless otherwise agreed in writing by the Seller. The Sale Price displayed on the Site is inclusive of 7% VAT.
  2. The Goods with the Sale Price higher than THB 1,300.00 is eligible for free shipping. Additional shipping cost of THB 100.00 will apply to the Goods with Sale Price under THB 1,300.00.
  3. The Buyer has the option to make payment via direct bank transfer, available credits in his/her user account, or any third-party online payment services as listed on the checkout page.
  4. The Buyer will receive bonus credits on top of the amount that he/she is purchasing. The amount of bonus credits awarded to the Buyer would depend on the credits purchase amount in addition to other promotional offer, if any, at a that particular period. The Buyer acknowledges that the purchased and bonus credits are NOT refundable.
  5. The Seller reserves the right to make adjustments to the prices, discounts, bonus credits, and fees without prior notice. However, the adjustment(s) has no effect on past orders that the Seller have officially accepted.
  6. Gift vouchers, coupon discounts, and accumulated KS Reward Points are not redeemable for cash and cannot be returned for cash refund (except as required by law).

KS Reward Points

  1. The Buyer is entitled to receive KS Reward Points (“points”) for his/her purchase of Goods from the Site. The Buyer can also gain extra points from his/her participation in online promotional activities that the Seller organizes from time to time (in which case the Seller would specifically inform the Buyer of how many points the Buyer could possibly earn). The Buyer can redeem points for a minimum discount of THB 1,000.00 (inclusive of 7% VAT) off the Cart Subtotals in his/her subsequent purchases.
  2. If the Cart Totals after redeeming KS Reward Points falls below THB 1,300.00, a shipping fee of THB 100.00 will apply.
  3. The Buyer can only redeem KS Reward Points for an order with minimum Cart Subtotals of THB 1,000.00.
  4. KS Reward Points cannot be redeemed in conjunction with other promotional discounts, except with flat discounts as offered and displayed on the Site.
  5. KS Reward Points are calculated from Sale Price (exclusive of 7% VAT) less discounts redeemed from your KS Reward Points or promotional coupon codes, if any.
  6. The Buyer receives 1 KS Reward Point for every THB 10.00 (exclusive of 7% VAT) spent on the Goods.
  7. 1 KS Reward Point is equivalent to THB 0.93 (exclusive of 7% VAT).
  8. KS Reward Points will expire in 365 days from the date the Buyer receives the points.
  9. The Buyer can view his/her current KS Reward Points by logging in to the Buyer’s online account.
  10. The Seller reserves the rights to make changes to the reward and redemption rules without prior notice.

Delivery

  1. The ordered Goods will be dispatched as soon as the Buyer has successfully made payment in full and provided proof of payment, where applicable, to the Seller.
  2. The goods will be delivered to the delivery address specified by the Buyer. The Buyer should receive the goods within 7-10 days after the payment is made in full unless informed otherwise.
  3. The Seller shall inform the Buyer a tracking number for each delivery via an email, an update on the Buyer’s account, and/or any other means of communication medium as requested by the Buyer in writing and agreed by the Seller.
  4. The Seller will not be liable for any delay or damages over deliveries outside reasonable control of the Seller.
  5. The Buyer confirms that the billing and delivery address details that he/she provides are complete and accurate.
  6. In compliance with PayPal User Agreement, unless the Buyer makes payment via direct bank transfer, the Buyer must be the recipient of the purchased Goods, and the Seller will deliver the Goods by post only.
  7. Once a purchase order has been submitted, the Buyer acknowledges that he/she will no longer be able to make changes to the billing and/or delivery address for that particular order.

Title

Title in the Goods will not pass to the Buyer until the Seller has been paid in full for the Goods.

Return & Exchange of Goods

  1. The Seller will only accept returns in the following cases:
    • The Buyer wants to change the size of the Goods. Under this circumstance:
      • The Seller agrees to exchange the size of the exact same Goods.
      • The Seller, however, will not guarantee the availability of the exact same Goods during the time the Exchange request is made.
      • If the requested size of the Goods is no longer available, the Buyer may choose other similar Goods with the same or higher price.
      • The Buyer shall pay the price difference if he/she decides to exchange the Goods for other Goods with higher price.
    • The Buyer wants to exchange the Goods for the one that is more appropriate to his/her physical conditions (e.g. different level of arch support). Under this circumstance:
      • The Buyer may choose different Goods with the same or higher price.
      • The Buyer shall pay the price difference if he/she decides to exchange the Goods for other Goods with higher price.
    • The Buyer receives Goods that are different from what he/she has ordered.
    • The Buyer receives defective Goods, the flaw which can be proven to be the fault of the Seller.
  2. The Seller agrees to accept the return of goods that are neither worn nor damaged. The Buyer shall be responsible for the shipping cost and ensure that the Goods are carefully packaged to avoid any damage during transit. The Seller will not be obliged to accept any goods that are worn or damaged in any way.
  3. The Seller will not be obliged to accept the return of any custom-made Goods, unless it can be proven to be the fault of the Seller to have manufactured such Goods incorrectly.
  4. The Buyer must submit an email requesting the Returns & Exchange of Goods to sales@klas-sylph.co.th within 7 days from the date the Goods arrive the delivery address and return the Goods to the Seller within 14 days from the date the Goods arrive the delivery destination. The Seller will not be obliged to accept the return of such Goods after this period.

The exchanged Goods will be dispatched as soon as the Seller receives the returned Goods in undamaged conditions.

Warranty

The Seller warrants any Goods purchased from the Site to be free from defects in material and craftsmanship under normal use for 180 days from the date of purchase or until the outsole of the Goods becomes significantly worn out (i.e. the tire tread becomes significantly faded), whichever case happens first. The Seller reserves the right in its sole discretion to determine whether or not the outsole of the Goods is significantly worn out.

The warranty applies ONLY to the Goods with a net purchase price of THB 1,500.00 and above at the time of purchase. The Seller will repair or replace, at its option, without charge, any Goods that show sign of the following defects:

  • Loose outsole
  • Detached sock lining
  • Broken accessories (e.g. buckles)

The Seller may also provide the above-mentioned repair services for Goods that are no longer covered by the warranty or for Goods purchased at the net purchase price lower than THB 1,500.00 for additional charge, unless otherwise agreed in writing.

Limitation of Liability

To the maximum extent permitted by applicable law, the entire liability of the Seller and its affiliates for all claims relating to this Terms & Conditions shall be limited to the amount you paid for the product(s) during the 6 months period prior to such claim. Subject to applicable law, the Seller and its affiliates are not liable for any of the following: (A) indirect, special, incidental, punitive or consequential damages; (B) damages relating to failures of telecommunications, the Internet, electronic communications, corruption, security, loss or theft of data, viruses, spyware, loss of business, revenue, or profits.

You agree to indemnify and hold the Seller and its affiliates harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Terms & Conditions (collectively referred to as “Claims”). The Seller reserves the right, in its sole discretion and its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by the Seller in the defense of any Claims.

Means of Communication

The Seller will primarily communicate with the Buyer via info@klas-sylph.co.thsales@klas-sylph.co.th, or other relevant @klas-sylph.co.th email. Should the Seller wish to contact the Buyer via other means of communication, the Seller must present sufficient information – such as reference order number, date or purchase, et cetera – in order to verify that it is indeed the Buyer.

The Seller may give notice to the Buyer by posting it on Social Media or at any e-mail address that The Buyer provides to the Seller. Notice will be deemed received and properly served immediately when posted on the Social Media or in an hour after an e-mail is sent to The Buyer’s email address.

Force Majeure

The Seller will not be liable or responsible for any failure to perform, or delay in performance of, any of the Seller’s obligations under these Terms & Conditions, including any contract between the Buyer and Seller concluded under these Terms & Conditions, including, but not limited to, a contract for the sale of Goods to the Buyer, that is caused by events outside the Seller’s reasonable control (a “Force Majeure Event”). A Force Majeure Event may include, but not limited to, the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.

The performance of the Seller under any contract is deemed suspended for the period that the Force Majeure Event continues, and the Seller shall have an extension of time for performance for the duration of that period. The Seller shall use its reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which its obligations under any contract may be performed despite the Force Majeure Event.

Amendments

The Seller reserves the right in its sole discretion to change, update, modify, or to amend any of the Terms and Conditions and conditions herein stated without any prior notice and the Buyer shall be bound to observe and comply with the Terms and Conditions and any amendments thereof made available at klas-sylph.com. Further, it shall be the responsibility of the Buyer to review the Terms and Conditions for any such changes, revisions, modifications or amendments and that the Buyer’s continued usage of our Site will constitute his/her agreement to such updated Terms & Conditions.

Severability

If any of the provisions herein becomes invalid or unenforceable in any respect of the law, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.

Governing Law

These Terms & Conditions shall be governed by, and construed in accordance with, the laws of Thailand.