Terms & Conditions 2017-11-25T06:03:24+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 by the Seller.
  4. “Shipment” means the Goods ordered by the Buyer which will be or have been dispatched to the shipping address given by the Buyer.
  5. “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.
  6. “Site” means Klas & Sylph website(s) located at and all associated sites linked to klas-sylph.com by Klas & Sylph, its subsidiaries and affiliates, including Klas & Sylph websites around the world.
  7. “Regular Retail Price” means price before Discounts.
  8. “Sale Price” means price after Discounts.
  9. “Discounts” means flat discount, coupon discounts, or any other promotional offer that results in price deduction from the billing amount.
  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) will 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. Shipping rates will be as detailed on Shipping Options & Fees page of this Site.
  3. The Buyer will make payment via PayPal or any other payment gateway available on the Checkout page.
  4. The Seller reserves the right to make adjustments to prices, discounts, and fees without prior notice. The adjustment(s) will have no effect on past orders that the Seller have already accepted.
  5. Gift vouchers and coupon discounts are neither refundable nor redeemable for cash.
  6. A discount coupon cannot be used in conjunction with other coupons.

KS Reward Points

  1. The Buyer is entitled to receive KS Reward Points for his/her purchase of Goods from the Site. The Buyer can also gain extra points for participating 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).
  2. KS Reward Points are calculated from Sale Price less other discounts (including discounts from redeeming your KS Reward Points and promotional coupon codes), if any.
  3. The Buyer will receive 1 KS Reward Point for every USD 1.00 spent.
  4. 20 KS Reward Points can be redeemed for USD 1.00 discount.
  5. The minimum discount required to redeem is USD 10.00.
  6. KS Reward Points cannot be redeemed in conjunction with other promotional discounts, except with regular discounts as offered and displayed on the Site.
  7. KS Reward Points will expire in 365 days from the date the Buyer receives the points.
  8. The Buyer can view his/her current KS Reward Points and other relevant details by logging in to the Buyer’s user account.
  9. The Seller reserves the rights to make changes to the reward and redemption rules without prior notice.

Delivery

  1. An ordered Goods will be processed as soon as the Buyer has successfully made payment in full and provided proof of payment, where applicable, to the Seller. If the Buyer needs to change his/her order details, he/she must notify the Seller within 24 hours following the submission of his/her order.
  2. An ordered Goods will be delivered to the shipping address given by the Buyer. The Shipment’s estimated time of arrival is between 5 to 14 business days (depending on the country of destination and delivery method) after the payment is made in full, unless informed otherwise.
  3. The Buyer understands that the shipping address, telephone number, and other contact and delivery details provided to the Seller must be complete and accurate, otherwise the Shipment may be deemed undeliverable and be returned to the Seller. If the Shipment is returned to the Seller due to incomplete and/or inaccurate delivery details, the Buyer agrees that the shipping fee incurred will not be refundable. The Buyer also agrees to be liable for additional non-refundable shipping fee should the Buyer request for another delivery attempt of such returned Shipment.
  4. If the Buyer notices that the shipping address and/or other delivery details are incomplete and/or inaccurate after an order has been submitted, the Buyer must contact the Seller within 24 hours in order to cancel the order. By making no attempt to correct any delivery details within 24 hours following the order submission, the Buyer confirms that the delivery details are complete and accurate as such.
  5. In respect to the previous article, the Seller will begin to dispatch the shipment after the first 24 hours have elapsed.
  6. The Shipment will only be shipped to the given shipping address.
  7. The Buyer shall provide the shipping address and other delivery details in English only. The order will be rejected immediately otherwise.
  8. The Buyer shall not use PO box as a shipping address. All orders with PO box as shipping address will be rejected immediately.
  9. The Seller shall inform the Buyer a tracking number for each delivery via email, an update on the Buyer’s account, and/or any other means of communication as requested by the Buyer in writing and agreed by the Seller.
  10. The Seller will not be liable for any delay or damages over deliveries outside reasonable control of the Seller.
  11. If the Buyer or any given addressee/recipient of Goods is not present at the given shipping address, the Buyer agrees that the Shipment may be given to any person of legal age who resides at the same address.
  12. If the Buyer or any given addressee/recipient of Goods will not be present at the given shipping address during the estimated time of arrival of the Shipment (i.e. within 5-14 business days depending on country of destination and delivery method), and there will be no one of legal age who can receive the Shipment on behalf of the Buyer or the given addressee/recipient of Goods, the Buyer shall contact the Seller within 24 hours after the order has been submitted and notify the Seller of possible delivery dates that would be convenient to the Buyer or the given recipient. The Buyer agrees that the shipping fee will not be refundable if the Shipment is returned to the Seller due to uninformed absence of the recipient of Goods. The Buyer also agrees to be liable for additional non-refundable shipping fee should the Buyer request for another delivery attempt of such returned Shipment.
  13. The Buyer shall be liable for import and export duties and taxes (if any) imposed by the Customs in his/her country. The Seller shall not be liable for any delay in Shipment if the Buyer fails to fulfill his/her customs duties, and the amount paid for the Goods and shipping fee will be non-refundable.

Transfer of Ownership

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

Return & Exchange of Goods

  1. The Buyer can exchange non-defective Goods in the following cases:
    • The Buyer wishes to exchange the purchased Goods for a bigger or smaller size of the same design subjected to availability.
    • The Buyer wishes to exchange the purchased Goods for a different color with the same design subjected to availability.
    • The Buyer wishes to exchange the purchased Goods for a different design with the same price subjected to availability.
  2. The Seller shall not guarantee the availability of the Goods to which the Buyer wishes to exchange.
  3. The Buyer shall be liable for charges incurred in returning the purchased Goods and other charges, including but not limited to storage charges (if any), import and export duties and taxes (if any), and shipping fee required for returning the purchased Goods to the Seller. The Buyer also agrees to be liable for shipping fee required for the delivery of the Goods that the Buyer wishes to exchange to.
  4. The Buyer must submit an email requesting for the exchange of Goods to sales@klas-sylph.com within 7 days from the date the Goods arrive at the shipping address and return the Goods to the Seller within 14 days from the date the Goods arrive at the shipping address. The Seller will not be obliged to accept the exchange request of such Goods after this period.
  5. The Seller will accept the returned Goods for exchange only if such Goods is neither worn nor damaged. The Buyer shall ensure that the returned Goods are carefully packaged to avoid any damage during transit. The Seller shall not be obliged to accept any returned Goods that are worn or damaged in any way, neither shall the Seller be responsible for loss of returned shipments during return transit.
  6. The Goods to which the Buyer wishes to exchange will be dispatched as soon as the Seller receives the returned Goods in undamaged conditions from the Buyer.
  7. The Seller shall not be obliged to accept the returns of any custom-made Goods for exchange.
  8. The Seller shall be responsible for the cost of returned Shipment or refund in full if the Buyer receives different Goods from what was actually ordered.
  9. Goods on clearance cannot be returned or exchanged.

Warranty

  1. The Seller warrants the Goods purchased from the Site to be free from defects in material and craftsmanship. The Seller shall repair, replace, or subsidise the cost of repair, at its option, any Goods that show sign of the following defects and can be proven to be the fault of the Seller without charge:
    • Loose outsole
    • Detached sock lining
  2. In the case of broken or detached accessories, such as buckles or studs, we will send the spare parts necessary for repair to you.
  3. The warranty will be effective for 90 days from the date of purchase and apply ONLY to the Goods with a net purchase price of USD 50.00 and above at the time of purchase.
  4. Unless informed otherwise, the Buyer must submit his/her warranty claim via an email (sales@klas-sylph.com).
  5. If the Seller chooses to repair the defective Goods, such Goods will be shipped back to the Seller on the last business day of the month (according to the calendar of the country of delivery destination). The Buyer agrees to drop such Goods at the Seller’s assigned third-party courier’s facility within 5 business days before the end of the month. Should the Goods be dropped at such facility before or after the specified period, the Goods might not be accepted by the courier or there might be additional storage and handling charges which the Buyer agrees to be liable for.
  6. The defective Goods must be returned to the Seller in its original packaging. The Buyer shall ensure that the returned defective Goods are carefully and securely packaged to avoid any further damage during transit.
  7. If the claimed defective Goods have in fact been tampered by the Buyer, the Seller reserve the right to refuse to repair, replace, or subsidize for the repair of such Goods, and the warranty will be automatically revoked. No refunds will be made, and the Buyer agrees to be responsible for all the expenses incurred in return shipping, if any.
  8. If the Seller chooses to subsidise the cost of repair, the Seller shall deliver spare parts necessary for repair to the Buyer. The actual cost of the repair will be ascertained by an official invoice of the repair service that the Buyer paid for to receive the repair. The Seller’s repair subsidy is limited to USD 15.00 under any circumstance.

Limitation of Liability

The Seller will provide a standard liability cover up to the price that the Buyer has paid for the Goods.

Despite the Seller having done its very best to present product information, especially the colors of the images of the Goods, as accurately and extensively as possible,  the fact remains that not all computer monitors have the same color calibrations and projection capabilities. Hence, there could be a slight difference in these details between the actual product and the image seen on a computer screen in which case the Seller will not be liable for.

Means of Communication

The Seller will primarily communicate with the Buyer via info@klas-sylph.comsales@klas-sylph.com, or other relevant @klas-sylph.com 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 will 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 will 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 will not in any way be affected or impaired.

Governing Law

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