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The below Terms and Conditions of business including the Returns Policy apply to all orders placed with us or with brands associated with The-BlackBerry where we process and handle the order:-
DEFINITIONS
"Conditions" means these terms and conditions and the "Special Conditions";
"Goods" means goods displayed for sale on the Website;
"Promotional Products" means an item or product offered free of charge with
goods that have been supplied and paid for, or discounted to free.
"Online Sales" means sales of Goods and Services conducted through the Website;
"Product Description" means that part of the Website where certain terms and
conditions in respect of the individual Good or Service are provided;
"Services" means services displayed for sale on the Website;
"Special Conditions" means the terms and conditions in the Product Description
referred to in Clause 4.1;
"Users" means the users of the Website collectively;
"User Information" means the details provided by you on any application to buy
Goods or Services from us via the Website;
"Us/Our/We/The-BlackBerry" means Arisly International Co Ltd, trading as
The-BlackBerry, registered in Thailand;
"Website" means the website located at www.the-blackberry.com or any subsequent
URL which may replace it; and
"You/Your" means a user of the Website.
1. Your use of this website
1.1 You agree not to use the Website (or any part thereof for any illegal
purpose and agree to use it in accordance with all relevant laws;
1.2 You agree not to upload or transmit through the Website without limitation,
any computer viruses, macro viruses, Trojan horses, worms or anything else
designed to interfere with, interrupt or disrupt the normal operating procedures
of a computer;
1.3 You will not upload or transmit through the Website any material which is
defamatory, offensive, or of an obscene or menacing character, or that may cause
annoyance, inconvenience or needless anxiety;
1.4 You will not use the Website in a way that may cause the Website to be
interrupted, damaged, rendered less efficient or such that the effectiveness or
functionality of the Website is in any way impaired;
1.5 You will not use the Website in any manner which violates or infringes the
rights of any person, firm or company or the rights thereof (including, but not
limited to, rights of intellectual property, rights of confidentiality or rights
of privacy);
1.6 You will not attempt any unauthorised access to any part or component of the
Website; and,
1.7 You agree that in the event that You have any right, claim or action against
any other User arising out of that User's use of the Website, then You will
pursue such right, claim or action independently of, and without recourse to Us.
2 Our Rights
2.1 We reserve the right to:
2.2 modify or withdraw, temporarily or permanently, the Website (or any part
thereof) with or without notice to You and You confirm that we shall not be
liable to You or any third party for any modification to or withdrawal of the
Website; and/or
2.3 change these Conditions from time to time, and Your continued use of the
Website (or any part thereof) following such change shall be deemed to be Your
acceptance of such change. It is Your responsibility to check regularly to
determine whether the Conditions have been changed. If You do not agree to any
change to the Conditions then You must immediately stop using the Website.
2.4 We will use Our reasonable endeavours to maintain the Website. The Website
is subject to change from time to time. You will not be eligible for any
compensation because You cannot use any part of the Website or because of a
failure, suspension or withdrawal of all or part of the Website.
2.5 We reserve the right to withdraw any Goods or Services from the Website at
any time and/or remove, screen or edit any materials or content on the Website.
We may refuse to process a transaction for any reason or refuse service to
anyone at any time in our sole discretion. We will not be liable to You or any
third party by reason of our doing any of the following: withdrawing any Good or
Services from the Website whether or not those Goods or Services have been sold;
removing, screening or editing any materials or content on the Website; refusing
to process a transaction or unwinding or suspending any transaction after
processing has begun.
3. Orders
3.1 All orders are subject to acceptance and availability. If the Goods You have
ordered are not available from stock You will be contacted by e-mail or phone
(if you have given Us details) and You will have the option either to wait until
the item is available from stock or to cancel Your order. All prices are
exclusive of VAT at the current rates and are correct at the time of entering
information. However, We reserve the right to change prices without prior notice
to You.
3.2 We will take all reasonable care, in so far as it is in Our power to do so,
to keep the details of Your order and payment secure, but in the absence of
negligence on Our part We are not liable for any loss You may suffer if a third
party procures unauthorised access to any data You provide when accessing or
ordering from the Website.
3.3 You warrant that the User Information which You are required to provide when
You make an offer to buy Goods or Services via the Website is true, accurate,
current and complete in all respects.
3.4 You agree not to impersonate any other person or entity or to use a false
name or a name that You are not authorised to use.
3.5 If You are a private consumer, You may cancel any purchase ordered by You at
any time within 28 days of receipt (exceptions apply) of the Goods or Service
without incurring any obligation or liability to Us, however, You may not cancel
any Service ordered from Us once we have started to provide it to You with your
agreement. If You choose to do this, You must notify Us in writing as set out in
clause 7. Within 30 days of receipt of a valid notification that You wish to
cancel any order, We will refund all monies You have paid to Us.
4. Offers to Purchase and Description of Goods/Services
4.1 Each Good or Service purchased is sold subject to its Product Description
which sets out additional specific terms and conditions related to that Good or
Service including, without limitation, terms and conditions concerning estimated
delivery times and any warranties.
4.2 Any order made by You will be treated as an offer to purchase Goods or
Services from Us. The contract between You and Us will only be completed when We
despatch the Good to You or commence the provision of the Services, as the case
may be. The sale contract is therefore completed in Thailand. We reserve
the right to reject any offer to purchase made by You at any time.
4.3 You acknowledge that any automated acknowledgement of Your order which You
may receive from Us shall not amount to Our acceptance of Your offer to purchase
Goods or Services advertised on the Website. If you have completed our online
payment process this does not constitute our acceptance of Your order, if Your
order is not accepted we will refund any monies paid by You.
4.4 Despite our best efforts, a small number of the numerous products and
services on our website are mispriced. However we verify prices as part of our
dispatch procedures. If a product's and or services correct price is lower than
our stated price, we charge the lower amount and send you the product and or
provide you with the service. If a product's and or services correct price is
higher then our stated price, we will, at our discretion, either contact you for
instructions before dispatch or cancel your order and notify you of such
cancellation.
5. Payment and Ownership of goods
5.1 Payment can be made by any major credit or debit card. Payment will be
debited and cleared from Your account before the despatch of Your Good or
provision of the Service to You.
5.2 You confirm that the credit/debit card that is being used is Yours.
5.3 All credit/debit card holders are subject to validation checks and
authorisation by the card issuer and We may share Your personal information with
such third parties as are necessary to enable Us to do such checks. If the
issuer of Your payment card refuses to authorise payment to Us, we will not be
liable for any delay or non-delivery.
5.4 Goods and Promotional Products supplied by Us remain Our property until the
Goods are paid for in full and delivery has been completed. If payment is
declined by your cardholder, or your cheque is not honoured by your bank,
whether before or after despatch of the Goods to You, we will treat the order as
cancelled;
5.5.1 If the Goods and Promotional Products have been despatched we may:-
a) Require You to return the Goods and the Promotional Products to Us in
original condition within 7 days; or
b) Require You to pay in full by satisfactory alternative means within 7 days.
5.6 Credit Vouchers:
a) If you have a Credit Voucher issued by Us, it may be used as part payment or
full payment towards the total price of the Goods up to the value of the credit
voucher excluding postage. All Credit Vouchers must be used in accordance with
the Terms & Conditions for that Credit Voucher when issued.
b) Credit Vouchers are valid for a period of One calendar month unless otherwise
indicated.
c) Credit Vouchers can only be redeemed against Goods purchased from
www.the-blackberry.com. Credit Vouchers can not be exchanged for a monetary
value, and are non transferable.
6. Prices
6.1 Unless we indicate otherwise, all prices are exclusive of VAT.
6.2 Prices are subject to change at any time.
7. Right of cancellation
7.1 If You are purchasing the Goods or Services for private use (i.e. as a
consumer as opposed to for business use), You have the right to cancel any
contract completed pursuant to clause 3.5 within 28 days of receipt by You of
the Goods or Services ("Cancellation Period"). However, You may not cancel any
Service ordered from Us once We have started to provide it to You with your
agreement. You may not cancel any custom made order, items which are classed as
custom made are clearly marked with † on the product code.
7.2 If you do cancel a contract pursuant to clause 3.5 you must:
7.3 either notify us in writing to customerservices@the-blackberry.com.
7.4 retain possession of the Goods.
7.5 take reasonable care of the Goods or Services until We collect the Goods
from You, or You deliver the Goods to Us; and
7.6 ensure that the Goods are returned or are made available for collection (as
the case may be) in the same condition as it was when it was delivered to, or
collected by, You (as the case may be).
7.7 If You do cancel a contract pursuant to clause 3.5, then We will notify You
of when We wish to collect the Goods. We will collect the Goods or Services
within 21 days of Our receiving notification of cancellation. We have the right
to charge You for any direct costs incurred in collecting the Goods and will, at
Our option, deduct these from any sum owed to You.
7.8 If you do cancel a contract pursuant to clause 3.5, we will refund the
monies you have paid to us within 30 days of you giving us cancellation notice
and after the Goods have been returned.
7.9 If any Goods are returned not in original condition and a refund is refused, return
postage will be charged to the customer before any Goods can be returned. Where a customer
does not wish to pay return postage and or does not wish to have the Goods returned, Goods
will be disposed of after a period of 120 days.
8. Delivery
8.1 Goods are delivered by Royal Mail. The service type used will depend upon
the value and size of the Good/s purchased. All orders will require a signature upon delivery.
8.2 Accessories - We endeavour to despatch all in stock accessories within 1-2
working days of the order being placed.
8.3 The-BlackBerry cannot be held responsible for any delays caused by but not
limited to; Acts of God, industrial action, vehicle breakdown, service
providers, credit searches, stock availability and delivery companies. These
events are outside of our control and we cannot accept any liability.
8.4 Parcels sent to remote parts of the United Kingdom, such as Northern
Scotland and parts of Northern Ireland, the Channel Islands and the Isle of Man
etc may take longer to deliver.
9. Eligibility to Purchase
9.1 The purchase of Goods or Services is limited to parties that lawfully can
enter into and form contracts on the Website under English law. This means that
if You are an individual, You must be 18 years or older to purchase any Goods or
Services via the Website and by offering to purchase any Goods or Services You
represent to us that You are 18 years of age or older. To register, You must
provide Your real name, phone number, e-mail address, credit card details and
other requested information.
9.2 The Website is available only to individuals and companies or partnerships
who We, in our absolute discretion, consider eligible. The eligibility criteria
include, without limitation, those who have been issued a valid credit card by a
bank acceptable to Us, whose applications are acceptable to Us and who have
authorised Us to process a charge or charges on their credit card in the amount
of the total purchase price for any Goods or Services which they purchase.
9.3 By making an offer to buy any Goods or Services, You specifically authorise
Us to transmit information (including any updated information) or to obtain
information about You from third parties from time to time, including but not
limited to Your credit-card number or credit reports, to authenticate Your
identity, to validate Your credit card, to obtain an initial credit card
authorisation and to authorise individual purchase transactions.
10. Privacy of Information
10.1 Any information collected by Us, including that gathered at the time of
ordering/registration, is collected lawfully and in accordance with the Data
Protection Act 1998.
10.2 We do not sell or transmit any customers personal information, including
email addresses, to any organisation for any purpose other than for processing
orders placed with us (if necessary).
10.3 Where there is sufficient evidence to suggest that fraud is being
perpetrated, (such as the stated name and address being different to that of the
credit/debit card owner), We reserve the right to pass identification (such as
name, address, email and ISP details) to other businesses, fraud data bases and
relevant authorities.
10.4 From time to time We may send You information (unless opted-out of at time
of registration) via email or post regarding your purchase or regarding other
services/products available from Us. We would always provide an "opt-out" or
"unsubscribe" option in any electronic correspondence to enable you to stop any
further mailings if you so wished.
10.5 If you require any further information regarding our Privacy of Information
policy please email webmaster@the-blackberry.com.
11. Intellectual Property and Right to use
11.1 You acknowledge and agree that all copyright, trademarks and all other
intellectual property rights in all material or content supplied as part of the
Website shall remain at all times vested in Us or Our licensors. You are
permitted to use this material only as expressly authorised by Us or Our
licensors.
11.2 You acknowledge and agree that the material and content contained within
the Website is made available for Your personal non-commercial use only and that
You may download such material and content onto only one computer hard drive for
such purpose. Any other use of the material and content of the Website is
strictly prohibited. You agree not to (and agree not to assist or facilitate any
third party to) copy, reproduce, transmit, publish, display, distribute,
commercially exploit or create derivative works of such material and content.
12. Monitoring
12.1 We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that We deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials from the Website). We may also investigate, in Our sole discretion, the use, or attempted use, of any credit card, and take such action as we deem appropriate, including without limitation, contacting the User using such card or cancelling orders placed by such User.
13. Liability
13.1 While We will use reasonable endeavours to verify the accuracy of any
information We place on the Website, We make no warranties, whether express or
implied in relation to its accuracy.
13.2 The Website is provided on an "as is" and "as available" basis without any
representation or endorsement made and We make no warranties of any kind,
whether express or implied, in relation to the Website, or any transaction that
may be conducted on or through the Website including but not limited to, implied
warranties of satisfactory quality, fitness for a particular purpose,
non-infringement, compatibility, security, accuracy, conditions of completeness,
or any implied warranty arising from course of dealing or usage or trade.
13.3 We make no warranty that the Website will meet Your requirements or will be
uninterrupted, timely, secure or error-free, that defects will be corrected, or
that the site or the server that makes it available are free of viruses or bugs
or represents the full functionality, accuracy or reliability of the materials.
We will not be responsible or liable to you for any loss of content or material
uploaded or transmitted through the Website.
13.4 To the fullest extent permissible under applicable law, We disclaim any and
all warranties of any kind, whether express or implied, in relation to the Goods
and Services including but not limited to, implied warranties of satisfactory
quality and fitness for a particular purpose.
13.5 Notwithstanding any other provision in the Conditions, nothing herein shall
limit Your rights as a consumer under English law.
13.6 The information provided to You in connection with the Goods and Services
is provided by the suppliers of such Goods and Services and you acknowledge that
we do not verify the accuracy of such information. We therefore exclude all
liability of any kind (including but not limited to defamation, breach of
confidence, intellectual property right infringements, invasion of privacy and
negligence) for the transmission or reception of such information of whatever
nature to You.
13.7 You acknowledge that We cannot guarantee and therefore shall not be in any
way responsible for the security or privacy of the Website and any information
provided to or taken from the Website by You.
13.8 We will not be liable, in contract, tort (including, without limitation,
negligence), pre-contract or other representations (other than fraudulent or
negligent misrepresentations) or otherwise arising out of or in connection with
these Conditions for:
13.8.1 any economic losses (including without limitation loss of revenues,
profits, contracts, business or anticipated savings); or
13.8.2 any loss of goodwill or reputation; or
13.8.3 any loss which was not brought to the attention of The-BlackBerry at the time
the contract was made or any loss that would be an unforeseeable consequence of
a breach of the contract by The-BlackBerry;
13.9 in any case whether or not such losses were within the contemplation of
either of Us at the date on which the event giving rise to the loss occurred,
was suffered or incurred by one of Us arising out of or in connection with the
provisions of any matter under these Conditions.
13.10 Nothing in the Conditions shall exclude or limit Our liability for death
or personal injury resulting from Our negligence or that of Our servants, agents
or employees.
14. Third Party Links
14.1 In an attempt to provide increased value to Our Users, We may provide links to other websites or resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, Goods or other materials or Services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, Goods or Services available on such external sites or resources.
15. Your legal rights
15.1 If any part of our terms and conditions is determined by a Thai court to be
invalid, illegal, void or otherwise unenforceable under any current or future
law, the remainder of our terms and conditions shall not be affected thereby.
15.2 These Terms and Conditions do not affect any of your statutory rights.
16. Severance
16.1 If any part of the Conditions shall be deemed unlawful, void or for any
reason unenforceable, then that provision shall be deemed to be severable from
these Conditions and shall not affect the validity and enforceability of any of
the remaining provisions of the Conditions.
16.2 Each provision of these Conditions shall be construed as separately
applying and surviving even if for any reason one or other of those provisions
is held to be inapplicable or unenforceable in any circumstances.
17. Waiver
17.1 No waiver by Us shall be construed as a waiver of any preceeding or succeeding breach of any provision.
18. Entire agreement
18.1 These Conditions (as amended from time to time) contain the entire agreement between You and Us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral, between You and Us in relation to such matters. You confirm that You have read these conditions and, You fully understand them and You also agree that these conditions are the only terms (together with Your network provider agreement ) that rule Your relationship with us.
19. Law
19.1 The Conditions shall be governed by and construed in accordance with the laws of Thailand and you irrevocably submit to the exclusive jurisdiction of the courts of Thailand.
20. Complaints
There may well be occasions when you are unhappy with the service that has been
provided to You by The-BlackBerry. In these cases, The-BlackBerry endeavours to be fair
and efficient in handling any complaint You should have and that Your complaint
will be processed confidentially.
If You have a complaint, please send Us an e-mail to this address customerservices@the-blackberry.com.
We endeavour to give You an answer within 5 working days and will provide You
with a likely timescale for resolving the dispute. We will keep You informed
about the progress of Your complaint.
We undertake to check Our system regularly for handling complaints and We
welcome any suggestion You may have in relation to how this system may be
improved.