Terms & Conditions

This page together with the documents referred to in it sets out the terms of business on which we supply any of the goods (“Goods”) referred to on our website at www.karensilverdesign.com (the “Site”) to you. You should read these terms of business carefully and in full before ordering any Goods from us via the Site. By ordering any of our Goods, you agree to be bound by these terms of business. Please tick the tick box next to this link to the terms of business if you accept them. If you do not accept these terms of business, you will not be able to order any Goods from our site. 1. Who we are Karen Silver Des to throughout these terms of business as “we” or “us”. 2. Service availability Some restrictions are placed on the extent to which we accept orders from specific countries (if at all). 3. Who you are By placing an order through the Site, you warrant to us that: you are legally capable of entering into binding contracts; you are at least 18 years old. 4. Our contract 4.1 Once you have placed your order, we will send you an e-mail acknowledging receipt. Please note that this does not mean that we have accepted your order. Your order constitutes your offer to us to buy Goods from us. All orders are subject to acceptance by us, and we will confirm our acceptance by sending you an e-mail stating that the Goods have been dispatched (the “Dispatch Confirmation”). There will be no contract between us until we send you the Dispatch Confirmation. 4.2 The contract between us will relate only to the Goods detailed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until such time as the dispatch of those Goods has been confirmed in a separate Dispatch Confirmation. 5. Our relationship with third parties Where we provide links on the Site to the websites of other organisations, (whether affiliated with us or not), we cannot give any undertaking that any goods you purchase from third party sellers through the Site, or from companies to whose website we have provided a link on the Site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. If a third party is involved in a transaction, we will let you know. Please note that we may disclose your customer information related to that transaction to the third party seller. 6. Fulfilment of your order 6.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation. If the Dispatch Confirmation does not specify a delivery date, then your order will be fulfilled within 21 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. 6.2 Please also see the Delivery Info section of the website, which will form part of these Terms and Conditions (though in the case of conflict, these Terms and Conditions take precedence). 7. Risk and ownership 7.1 The Goods will be at your risk from the time of delivery. 7.2 Ownership of the Goods will not pass to you until we receive full payment of all sums due in respect of the Goods (including any applicable delivery charges, etc). 8. Price and payment 8.1 The price of any Goods will be as quoted on the Site from time to time in US Dollars (USD), except in cases of obvious error. 8.2 The prices quoted are exclusive of VAT (though purchases from outside of Thailand are not subject to VAT) and delivery costs, which will be added to the total amount due as detailed in the Delivery Info section of the Site. The price will be FOB Bangkok, excluding transportation fees and shipping documents (GSP) – if you want these you will need to inform us. 8.3 We may change our prices at any time without prior notice (e.g. for reasons related to fluctuations in silver prices), but any changes we make will not apply to orders in relation to which we have already sent you a Dispatch Confirmation. 8.4 The Site refers to a large number of Goods and it is always possible that, despite our best endeavours, some of the Goods listed may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of the Goods is less than our stated price we will charge the lower amount when dispatching the Goods to you. If however the correct price of the Goods is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection. 8.5 Please note that we are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing. 8.6 Goods must be paid for by either a bank transfer or credit card via Merchant iPay (payment method from Bangkok Bank). 8.7 Please also see the Buying and Payments section of the website, which will form part of these Terms and Conditions (though in the case of conflict, these Terms and Conditions take precedence). 9. Our refunds policy 9.1 If you want to return Goods to us, you must inform us within 7 days of receipt of the defect (the receipt date will be that on the Airway Bill). 9.2 We will only accept returns of Goods should they not be as ordered or if there was a defect in the Goods when they were supplied (no other reasons will be accepted). 9.3 We will only deliver Goods to your address (as registered with us) and will not deliver directly to your customers. 9.4 The Goods must be in perfect condition as delivered (including no indications of use, scratches, marks, etc and be in the original packaging). 9.5 For made-to-order Goods, returns are not accepted, as the Customer is responsible, at every stage of production, to check that the specifications are correct. 9.6 Refunds will be made in the form of credit to order more Goods only – Goods can be ordered to the same value as the refund or a higher value (and you will be responsible for paying the difference if the cost is higher, payable as per our usual payment terms). We will be responsible for all transportation costs (provided they are agreed with us in advance). 10. Our liability 10.1 Our liability to you in connection with any Goods purchased through the Site is strictly limited to the purchase price of the Goods in question. 10.2 We do not exclude or limit in any way our liability to you: (a) for death or personal injury caused by our negligence; (b) for any matter in relation to which it would be illegal for us to exclude, or attempt to exclude, our liability. 10.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; or (e) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, 10.4 Please note that if you buy any Goods from a third party seller through the Site, that seller's liability to you will be set out in their own terms and conditions. 11. Import duty 11.1 If you order Goods from the Site for delivery outside of Thailand, those Goods may be subject to import duties and taxes. These are levied when the delivery reaches the specified destination. Please note that you will be responsible for payment of any such duties and taxes. We do not have any control over these charges and cannot predict their amount. You should get in touch with your local customs office for further information before you place your order with us. 11.2 You are responsible for complying with any applicable laws and regulations of the country to which the Goods are to be delivered, and we cannot give you any advice in this regard. We do not accept any liability for a breach by you of those laws and regulations in any circumstances 12. Communicating with you in writing In certain circumstances, the law may require that we must communicate with you in writing. When using the Site, you accept that our principal means of communicating with you will be electronic and that this falls within the definition of writing. 13. Notices 13.1 Any notices you send to us must be given by email. 13.2 We may give notice to you at either the e-mail or postal address you provide to us when you place your order. 14. Transfer of rights and obligations 14.1 The contract between us binds both you and us and our respective successors and assigns. 14.2 You may not transfer, assign, charge or otherwise dispose of any contract with us, or any of your rights or obligations arising under it, without our prior written consent. 14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract between us, or any of our rights or obligations arising under it, at any time during the term of the contract in question. 15. Events outside our control 15.1 We do not accept any liability for any failure to perform or delay in performing any of our obligations under a contract between us where such failure or delay is caused by events outside our control (“Force Majeure Event”). 15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our control and includes in particular (but without limitation) 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, or the acts, decrees, legislation, regulations or restrictions of any government. 15.3 Our performance of any contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event. 16. Waiver A waiver by us of any of these terms of business shall not be effective unless it is expressly stated to be a waiver and is communicated to you in writing. No such waiver shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations. 17. Severability If the whole or any part of any provision of these terms of business is or becomes invalid, void or unenforceable for any reason, then it shall to the extent required be severed from these terms of business and rendered ineffective so far as is possible without modifying the remaining provisions, and shall in no way affect the validity or enforceability of any other provisions. 18. Entire agreement These terms of business and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract between us, and will supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. 19. Our right to vary these terms of business 19.1 We have the right to vary these terms of business from time to time and we encourage you to revisit them periodically to ensure that you are fully aware of them at all times. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and any changes to them. 19.2 You will be subject to the policies and terms of business in force at the time that you order Goods from us, unless any change to those policies or terms of business is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or terms of business before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change, unless you notify us to the contrary within 7 working days of receipt of the Goods). 20. Law and jurisdiction Contracts for the purchase of Goods through the Site will be governed by Thai law. Any dispute arising from, or related to, such contracts (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Thailand. 21. The pictures on this website are provided to assist you in choosing the product only. These pictures are meant to be an indication of what the product will look like, but not an exact replica. Colours and picture sizes may vary based upon your screen resolution and other computer settings outside of our control. Pictures may differ slightly from the actual product due to reproduction limitations of the pictures and limitations of viewing pictures at different resolutions, hue, brightness, contrast, and other screen variations.