Terms & Conditions

Introduction

These terms and conditions set out the guideline and legal terms which apply to your use of our website https://poembangkok.com (referred to as poembangkok.com, Website or Site). The terms also apply to your purchase of our products from Excellent Creative Co., Ltd. (Company Registration Number: 2815363) whose registered office is at Suite D, 17/F, Billion Plaza 2, 10 Cheung Yue Street, Lai Chi Kok, Kowloon, Hong Kong (Referred to as “POEM”, we, us, and our). Our online shopping platform bound to this website is hosted by WooCommerce, which provides an online e-commerce system to poembangkok.com, allowing us to deliver services and sell our products to you Any of your purchase of the products offered on poembangkok.com (Referred to as Product) is subject to these terms and conditions. By placing an order for any of our Product, you agree to be bound by such terms and conditions as laid out in this page. Our site is design to collect your personal data in order to fully perform its features and the use of your data submitted to us through this website is governed by our Privacy Policy.

We highly recommend that you spend some time to understand and review these terms and conditions for your own benefits when accessing and purchasing products from poembangkok.com. Please be mindful that we may update these terms and conditions from time to time. Although your order that has already been placed with us might not be affected by such changes, we recommend that you frequently visit our terms and conditions page to make sure that you are updated with our latest terms. Poem holds the rights to modify, add, or delete any details included in these terms and conditions at any time without prior notice. However, these terms do not affect your statutory right as a consumer.

Accessibility

When accessing poembangkok.com, you agree not to engage in any activities that are contrary to applicable laws and regulations.  You agree not to use this website for any purpose that is unlawful and prohibited by these legal terms. Also when accessing, you agree to warrant and represent to the site that you are legally entitled to do and to make use of available information on the website. We may restrict or deny your access to certain features, parts of, or the entire website in some occasions; such as when the website is undergoing maintenance or update, or when your access or your use of our website are believed to have violated these Terms or any applicable laws and regulations.

In order to access some of the features and services provided by poembangkok.com, you will need to register for an account. To complete the registration, you will need to provide your personal information such as name, email, telephone number, and shipping address. This information is necessary to use our online purchase feature. You are kindly requested to make sure that all of your personal information provided on this website is correct, current, and accurate. Since you are responsible for your own personal data, we recommend that you constantly update and correct your information as appropriate. Poem will not take any responsibility for any unpleasant experiences or any issues that are caused by the provision of false or outdated information on our website.

To create an account, click on LOGIN, then ‘Create an Account’. A prompt window will lead you to a page in which you can fill in your details. It is recommended that the account password you created should be unique and kept secure. Such information should be treated as confidential and should not be revealed to anyone else. Any unauthorized access of your account or any breach of security should be notified to POEM immediately.

If you have forgotten your password, please navigate to LOGIN, and then click ‘Forgot your password?’ or you may click here. A prompt window will appear and lead you to the process to reset your password. Kindly follow instructions as shown.

Account benefits

Please find example of benefits you will be able to enjoy by registering an account with Poem

• Manage your account details, address information, and orders
• Save your address and payment details for a quicker online shopping experience
• Access to online shopping service, placing orders and purchasing products
• Adding products into your Wish List and review or link to them at any time.
• Track your orders and review past purchases
• Enjoy special online promotion through coupons or discounts
• Contact our staff and make enquiry regarding our products and services

Kindly note that we reserve the rights to disable any log-on account at any time, if you are unable to comply with these terms and conditions or if we have been made aware that any of the details you provided when registering for an account is proven to be false.

Our Products

All of the products on poembangkok.com are owned and sold by POEM. We are committed with our best efforts to provide you the most up-to-date and easy to understand product information. We attempt to make all of the product descriptions as accurate as possible. However, we cannot guarantee that all of the descriptions are totally updated, accurate, reliable, complete, or has no error.

Please also be mindful that the images of the products shown on our website are for illustrative purposes only. We attempt to display the product colors as accurately as possible. However, there is also a possibility that your device’s display may not accurately reflect the actual color of the product.

Products sold on our website are for your domestic and private use only. When purchasing with us via poembangkok.com, you agree that you will not use the products for any commercial or business purposes; e.g. Re-sale. We will not accept any liability or be responsible for any of your loss of profit, loss of business, or loss of business opportunity caused by such circumstances.

We may also restrict the amount of one product style that you can purchase due to the limitation in stock availability and commercial purchase prevention.

Prices for every product on poembangkok.com are shown in USD (United State Dollar).  Price shown does not include delivery cost.  The delivery cost will be automatically added (at the cost shown) to the total amount due when you view the items during the Checkout Process. Delivery cost is not a fixed amount but will be automatically calculated based on the shipping address you input. This rate for delivery is determined by DHL Express which serves as our courier service.

If you wish to place an order for couture, made-to-measure items, reproduction of items from older collections, or the production of specified designs outside of POEM standard sizes, you will need to make an enquiry for the specific looks you prefer using ‘Make an Enquiry’ function on our website. After we have received your enquiry, our customer service will, in a suitable manner, provide you with further information regarding the specific couture looks you enquired for, such as the price quote, estimate time of completion and delivery.  Please be aware that you, ideally, are required to travel to our Thailand boutique for measurement and fitting. This process is compulsory since Poem currently do not provide overseas fitting service.  Details of such appointment and booking are to be discussed with our customer service through email or other means of applicable communications.

Regarding Covid – 19 Situation

The current Covid – 19 has been impacting all businesses around the world. International travels and close contact between individuals are now difficult and risky. Given the current situation and inconveniences in traveling, we offer long-distance tailoring service (only for couture and reproduction request). Please be mindful that long-distance service might expose you to the risk of inaccurate sizing. However, such inaccuracy may be prevented by clear and detailed communication on your own measurements.  Further details are to be discussed with our customer service through email or other means of applicable communications.

Ordering and Stock Availability

You can place an order for the product you wish to purchase by clicking the available size you prefer and then clicking ‘Add to Cart’ as appeared when browsing certain products. Placing an order for a product on our website will record your selection into your Bag. You may access your shopping Bag at any time to add, modify or remove the selected products. You may check, select and correct any input in your order (for example; selecting the amount you wish to purchase) up until the point at which you submit your order to us by clicking ‘Checkout’.
 
All orders are subject to stock availability and our acceptance. Your order may be refused in some occasions, such as when the product is out of stock or when your account is disabled or your access is prohibited for a certain reason. Unavailable products or sizes will normally be informed in the product description as expressed when our web script prohibits you from clicking ‘Add to Cart’. A prompt message informing that the product is unavailable will appear to notify you on the screen.
By making an offer to purchase products on https://poembangkok.com, you expressly agree to allow POEM to store your transaction information for future use and send your personal data that you input to our third party service providers. Your information will be necessary to perform payment processing function and providing shipping information to our courier. You may review the use of your personal information in our privacy policy.

Completing Your Purchase and Making Payment

Once your order has been placed, you are obligated to pay for the product in order to complete the purchase. To complete the process, you will need to checkout. Simply click ‘Checkout’ in the Bag window. Checking out requires you to input your personal information. If you are purchasing for the first time, you will be asked for your real name, email address, shipping address, and telephone number as indicated.  Registered account will already have their information saved, making the purchase quicker and more convenient. You will find your total amount to pay in the Purchase Order section.

Delivery Insurance Option

In this Checkout window, you also have an option to choose whether you would like to insure your product during the delivery. The delivery insurance is a part of DHL service and is governed by DHL terms and conditions of services. DHL Express offers shipping insurance covering the actual value of your parcel in case it gets damaged or lost. This insurance option will add extra protection fee to your total amount, charging an extra of 450 THB if your total order is less than 22,500 THB or 2% of the total value if your total order value is more than 22,500 THB. The insurance fee will be automatically calculated into your total amount due.

By simply ticking the box, you agree to insure your product and be bound by DHL Express insurance service to protect your shipment. Please review DHL Express terms and conditions for delivery insurance here. Please be mindful that this step is optional. You may or may not choose to insure your product at your own discretions.

Our payment processing function is serviced by Paypal for secured transactions. You can learn more about Paypal here. As one of our third party service providers, Paypal also has their own terms and conditions which we highly recommend that you review before making a purchase.

We endeavor to make sure that your transaction including debit-card / credit-card information is kept secured and safe when checking out from our online shopping service. We also endeavor to keep the details of your order and payment secured. However, we cannot be liable for any loss which may have caused by the negligence of your own information.

Simply click on ‘Proceed to Paypal’ as appeared in the Checkout Detail step. If you already have a Paypal account, you can pay for your order directly through your account. You may also choose to pay with your credit or debit card if you don’t have an account registered.

In the case when you successfully place an order and are charged for the amount but POEM is unable to complete your order due to stock unavailability or due to any other error that might happen from either miscommunication or system’s technical failure, we reserve the right to immediately refund the amount paid via Paypal either to your account’s balance or to your credit/debit card that you input when paying for the product.

Delivery

When you have completed your payment, we shall process your order and you will receive a confirming email stating your order is being processed. We will work with our best efforts to dispatch your order within 1-2 working days or as otherwise specified in the checkout process during the submission of your order.

Any product ordered from outside of Thailand will be bound for international delivery. The delivery of your order will be handled by DHL Express (as our trusted couriers).  We recommend that you review DHL Express’ terms and conditions of services before placing your order.

Estimated delivery date will be projected in the Checkout window and the delivery date is calculated based on your destination. This information is provided by DHL Express’ automatic delivery calculation system. Your delivery should arrive at your destination in accordance to the given estimated delivery date. However, please be mindful that there are also possibilities that your delivery might be earlier or later than the given date (but within 30 days timeframe), unless there are exceptional circumstances.

The shipping of your order takes place on Monday to Friday, excluding bank and Thailand’s public holidays, within the hours of 9am and 2.30pm (GMT+7). We are unable to specify a precise time at which we will ship out the product.

Your order will be delivered to the shipping address that you input when placing your order. We cannot be held responsible for any issues that may arise if your delivery address is incomplete or incorrect. Kindly make sure that you provide us with the most up-to-date and accurate information. We also cannot deliver products comprised within the same order to different addresses at the same time.

When your order is shipped out, you will be provided with an email confirming that your order is completed. Such email also contains information on DHL Waybill number of your shipment. You may view your Waybill number in your email, and use this number to track the movement of your order through DHL’s website. Simply click on the waybill number to navigate to the tracking site.

Customer shall bare the risk of the product(s) ordered from the time of delivery or collection (Depends on the case.) Product ownership will also pass to you on delivery or collection (depends on the case) given that all amount due in respect of the product(s) including delivery costs and insurance (if any) has been received by POEM.

In the delivery process, all POEM products leaving our premise for the purpose of delivery to customer’s address will become the courier’s liability and responsibility. However, if the delivery is delayed by any event outside of our control, we will endeavor to work closely with DHL Express to communicate with you and minimize the effect of the delay as soon as possible. Provided we do this, we will not be liable for delays caused by the event. However, if there is a risk of substantial delay, you may contact us to request that your order be cancelled. We will provide you a refund for any goods you have paid for but not received due to this circumstance. If you selected an option to insure your product during Checkout process, you will be eligible for compensation or protection scheme according to DHL Express Delivery Insurance service.

Customs & Duties

Any product ordered from outside of Thailand will be bound for international delivery. Your shipment may be inspected by customs authorities of your country and may be subject to import duties and taxes, depending on the country’s laws and regulations. These will be levied when the delivery reached specified destination.  Please be mindful that POEM has no control over these charges and will not be unable to predict their amount. Hence, these extra charges and any incurring import duties and taxes will be the liability for the customer to endure. It is recommended that you contact your local customs office for more information regarding taxes and duties before deciding to place your order. You are required to comply with all applicable laws and regulations of the country in which the product is shipped to. POEM will not take any responsibility for any breach of such laws by you.

Return & Exchange Policy

We currently do not have any return and refund policy at the moment. We make sure that all products that are shipped to you are in good quality and not faulty. Any product purchased from https://poembangkok.com is deemed final and cannot be refunded, returned, or exchanged. We recommend that you follow the fit guide strictly and make sure your measurements correspond to our sizing system.

The exchange of products due to sizing error is not allowed by default. Exceptions may occur only in certain cases, such as when the product is proven to be defective from the production. Please note that POEM will not be responsible for any defects that are caused by logistics, domestic transportation within the destination, mishandle of the product, and negligence of care. Such defects are not taken into accounts and will render your case ineligible for exchange.

Ultimately, your case will have to be reviewed and evaluated for exchange eligibility by our customer service team. Should such exception happens, you will be required to complete the Product Exchange Form and strictly follow the process as laid out by our customer service team. Should there be any taxes and duties incurred during the exchange process (i.e. when shipping the new product to you), the charges will be absorbed by POEM in a suitable manner.

Other General Terms

This website is for non-commercial use only. “Content” on this website refers to any graphics, product designs, photographs as well as images rights, video, sound and audio, or text that belongs to POEM displaying on this website and the server in which it is hosted.

You are not allowed to take any content on this website and store or re-upload them on a server or other devices connected to a network without our written consent.  You may not change or remove content of this website. You may not interfere with the site’s security or the operation that allows this website to work properly, including the server in which it is hosted on. You are prohibited from using any software or hardware (i.e. robot, AI, etc.) for data gathering or data-mining any content on our website. 

This part also covers the protection of our intellectual property rights. You may not copy, modify, alter, transfer, publish, or create any derivative works from the content of this website. You may not use, copy or make change to any trademark, copyright intellectual property or other legal notices from any part of this Site. Any retrieval of data and content from poembangkok.com must only be for viewing the content and for personal use. You are strictly prohibited from scraping, taking a part of or the whole content from our website for any commercial purpose. Any redistribution or reproduction of the above mentioned content and materials is strictly prohibited and may result in civil and criminal penalties.

Finally, any or all of your rights or obligations in this Terms and Conditions must not be assigned or transferred to others under any Contract. These terms and conditions shall be governed by Thai law. Any dispute between you and us regarding these terms and conditions or any Contract will only be dealt with by the Thai courts.


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