Witaya International Design Co., Ltd
General Terms & Conditions
Short Terms & Conditions for Confirmations/Proformas
General Terms & Conditions
1. We guarantee all of our products for quality of workmanship, to be as described, and fit for their particular purpose.
2. All of our products are handcrafted and thus slight variations in styles, colours, shapes, positions etc...are to be expected, and is completely normal. We cannot accept any claims that the items do not match exactly the sample. This is why we always emphasise that for promotions or when the customer is likely to need more goods they order sufficient quantities initially as any reorder might not match exactly the original order. If goods are sold "subject to prior sale" then we reserve the right to substitute the closest design item in our stock subject to No 7 below.
3. Standard acceptable and sizes are the norms we use for our manufacture. That is, essentially 13” or 33cm for choker lengths for Europe and USA and other western countries and 12” or 30cm for the rest of the world. If you require different lengths please let us know at the time of order as claims cannot be entertained once manufacturing begins.
4. All queries and clarification of description and manufacture must be made at the time of order and before manufacturing begins to enable us to make any changes to suit customers’ needs. We regret there can be no changes once an order is confirmed for production.
5. We take great care in the manufacture of your order and its quality control and we welcome outside inspections by the wholesale customer or customers’ agents prior to shipment. Failing this our count and quality control must be accepted. If goods are inspected by customer or customer’s agents we will not accept any complaints or returns on specification, description or quantity of goods from the customer on receipt of the order.
6. Occasionally mistakes of quality or color do occur or materials are faulty which cannot be seen prior to shipment. Therefore we request that goods be inspected by the customer on receipt and any complaints on hidden faults or quality problems notified to us within 7 days of receipt. Otherwise, goods are deemed to have been accepted as is. In exceptional cases when goods are returned to the customer by the final consumer outside this time limit and where it has not been possible to rectify the fault by the customer, we will accept the goods as per no 7 below.
7. Goods notified to us as faulty ( see Nos 2 & 5 above) must be returned freight prepaid within 1 month after shipment. A return authorization accompanied by a complete listing must be sent to us prior to shipment and the authorisation number quoted on the airwaybill or delivery note. At our sole option, we will both replace or repair and return the items freight collect or issue a credit note where this is not possible or practical.
8. We do not operate a sale or return policy i.e. We do not accept returns of unsold goods from wholesale or retail customers.
9. Goods sold ex-factory. We do not insure any goods past our factory/ office door so customers are advised to take out their own insurance. Any claims are with the carrier.
10. We do not guarantee that our products will comply with any regulation in the country of destination. It is up to the customer to advise us which regulations we must comply with and obtain our response as to whether we can manufacture to that specification or not.
11. Orders will be shipped as rapidly as possible by registered airmail or otherwise as agreed which is included in the price for retail customers only. For wholesale customers, we generally quote shipping costs on your confirmation/proforma or please contact us for an exact freight quote based on the size of the order.
12. Deposits and prepayments are non-refundable and will apply only to the order for which the payment is made. If partial shipments are made then any deposit will be apportioned to those items being shipped and the remaining deposit to the remaining shipment or shipments. In the exceptional case of a part order not being able to be manufactured Witaya reserves the right to issue a credit note for the remaining applicable deposit.
13. Credit Notes issued for whatever reason cannot be used for cash refund or for cash deposits Credit notes can only be used as a credit against invoiced goods.
14. All designs of all products sold by Witaya are the property of Witaya and may not be copied or reproduced in any form without the express permission of Witaya. All designs owned by others and given to Witaya to reproduce must be accompanied by a statement of ownership, owners conditions and proof of design registration for agreement by Witaya in writing or Witaya reserves the right to retain ownership after production irrespective of any ownership claims.
15. Unless otherwise agreed in writing the laws of the Kingdom of Thailand apply to all disputes except, at our sole discretion, legal action for nonpayment of debts owed to Witaya.
16. All prices are generally reviewed semi-annually but subject to change without notice. All prices are based on the Thai Baht and Witaya reserves the right to alter prices without notice if the Thai Baht fluctuates more than 5% either way. Orders confirmed by Witaya are note subject to price changes.
17.. On all Thai domestic orders, VAT@7% will be added. All foreign shipments are free of local tax
We never ever give, sell, loan, or otherwise your personal particulars in any way shape or form electronic or otherwise to anyone! By registering you give us the authority to use the information you provide with transactions that we have with you only and for contacting you from time to time with offers, suggestions or just keeping you up to date about Witaya. You may opt-out of this anytime by emailing us.
1. All of our jewelry is handmade and delivery dates of orders vary greatly depending on the availability of materials, labor, etc.... For retail customers, although we might have some pieces in stock and can ship immediately, please note it might take longer to ship your items than indicated at check out.. If this concerns you please let us know and we shall make every effort to ship as soon as we can but we cannot guarantee a precise shipping date unless specifically requested and agreed. For wholesale customers, we can never guarantee the date of delivery as shown on our confirmations although we make every endeavour to ship as close to that date as possible.
2. All of our products are shipped after having been quality controlled by a senior member of our staff. We want you to receive our beautiful handmade items in absolutely perfect condition.
3. All products are packed in bubble wrap or equivalent for safety and, when multiple items, the item (SKU) numbers are clearly indicated on the inside wrap. For wholesale orders of multiple quantities generally, these are grouped into zip bags. and the whole shipment is bubble wrapped if we deem necessary. The items are then put if a sturdy padded envelope or a sturdy box as required and in accordance with the content. If you wish different packing please advise us and we shall be pleased to comply.
4. When the shipping is shown as FREE, this is generally for Economy Air Parcel Post (SAL), Registered,, and applies to shipping destinations anywhere in the world that Thai Post ships to. Please note this method is erratic and can take anywhere from 1-6 weeks, or even more, depending on destination. All shipments will be registered mail. None are normally trackable online but registered mail is trackable up until the point it leaves Thailand, and then again at destination depending on the foreign post office. Please note that the many years we have been in business we have never had a shipment go missing on this end, as the Thai Post Office is amongst the best in the world. Problems and late delivery have usually been on the other end.
5. If in a hurry it's better to use a courier service or EMS ( Post Office Express Mail Service). Please ask us for a quote. This method takes about 2-7 days and comes straight to your address.
6. We cannot be responsible for any customs, taxes or any other charges at destination. Please inform yourself if you will have to pay any charges at the destination before placing your order.
7. Claims for non-receipt of SAL items must be commenced at customers end in customers' local post office, not before 8 weeks have elapsed since shipment. We will forward on request the post office receipt to assist in the claim. Once you have made a claim with your local post office they will be in touch with the Thai Post Office and we will deal with it from that point with reimbursement or replacement at our sole option.
8. Should, for any reason, you are unable to accept delivery of your order or fail to collect your order, and it is returned to us by whatever means, we will not release the order back to you unless payment is made for the original shipping cost ( if not already paid ) and the return shipping costs ( if not already paid). In addition, we require advance payment of the new shipping costs and any changes we have had to pay on return, to return the order to you. Absolutely no credit or refund will be given for orders no longer desired that have been returned to us.
SHORT TERMS AND CONDITIONS OF SALE: IMPORTANT (Please Read)
To Accompany Confirmations/Proformas of Orders
To be read in conjunction with the General Terms & Conditions above of which it is an integral part
1. FOB Factory. That means that, unless special arrangements are made, we don’t pay any expenses nor take any responsibility for orders once passed our company door. We do not insure shipments, you should provide your own insurance. We are not responsible for lost shipments postal or otherwise.
2. Please note almost all orders are made to customers' order so prepayment is required. On orders over US$/€ 5000 nett, we can discuss a deposit with order and balance prior to shipment. Full prepayment on orders over US$/€ 5000 can request an additional 2% discount. if paid within 5 days of confirming orders.
3. Rates of exchange fluctuate. Our prices are based on Thai Baht. If you purchase in another currency our prices are only valid 60 days. If you purchase in Thai Baht our prices are always valid for the current year ending Dec 31.
Please pay as follows
Witaya International Design Co., Ltd
Account No, XXX-XXXX-XXX ( Full number on your confirmation
Hua Mark Branch, Bangkok, Thailand
Note: There is no IBAN in Thailand
PLEASE SEND US A COPY OF THE TRANSFER TO AVOID DELAY
BY CREDIT CARD
We accept all major credit cards ( supplement 4.2%)
Please advise us you wish to pay by Credit Card and we shall send you a “Click&Pay” Invoice\
4. Payment to be in the currency shown on the confirmation and must be net of all bank charges outside Thailand.
We shall only pay our own bank charges. Please make sure your remitting bank is aware of this as our bank must receive the exact amount invoiced.
5. Delivery date, if shown on confirmation. is conditional on payment/deposit being received within 7 calendar days. Sometimes outside factors can delay the delivery date.
6. As these are for the most part natural handmade products - shades, colors, sizes, and finishes may vary. This is especially important on reorders if the customer has to match advertised items. Customers are advised to order sufficient initial quantities as we will not be responsible for variances in the shade which can happen even if the exact same color is ordered.
7. Deposits are non-refundable. Orders on which a deposit has been paid and order canceled or not paid in full 90 days after completion of the order, will be forfeited.. Orders which have been confirmed are considered a contract and if deposit remains unpaid for 90 days, we reserve the right to issue a full invoice for the entire order for pre-payment and deliver the order within 4-6 weeks.
8. Invoices are due according to the terms of payment indicated and the goods invoiced remain our property until paid for in full. Any late payment of invoices will carry a late payment penalty of $/€100 and interest charges of 18% per annum from the date due..
9. Any legal action for non-payment of sums due to Witaya will be taken in the country to where we have shipped and/or invoiced the goods or in the Kingdom of Thailand at our sole discretion.
Rev. Jan 2019