Terms & Conditions
COPYRIGHT INFORMATION
Pacifica Group and its affiliated companies (collectively “Pacifica Group”) operates www.coccinellethailand.com (our "Website"). In this Terms of Use, we refer to the companies in our corporate group as "Pacifica Group", "we", or "us". All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on our Website or is part of our services, is protected by our and their copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Pacifica Group owns or is licensed to use all intellectual property rights (including all copyrights, patents, trademarks and trade secrets) in connection with and in all versions of the Website and our services, the software we use to operate the Website and services and any data (including data obtained from you during the registration process) generated by users of the Website and services. You are not permitted, except where expressly authorized to do so, to change, copy, store, publish, rent, license, sell or distribute in any way any of these intellectual property rights.
USE OF THE WEBSITE
These Terms of Use governs the Website, and all Websites of the affiliates of Pacifica Group. By using the Website, you expressly accept and agree to abide by all provisions set forth herein. Do not use the Website if you do not accept and agree to the Terms of Use. If any material on this Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and Pacifica Group asks that you do not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
The Website is available only for your personal use, which shall be limited to viewing the Website, providing information to the Website, downloading product information for your personal review and for the purchase of products.
Pacifica Group may at any time revise the Terms of Use by updating this page. You are bound by any revisions and should periodically visit this page to review the current Terms of Use.
You also may be subject to additional Terms of Use that are applicable to certain parts of the Website. Pacifica Group may terminate the Terms of Use and deny your access to the Website at any time, immediately and without notice, if in Pacifica Group's sole discretion, you fail to comply with any provision of these Terms of Use.
You agree that no joint venture, partnership, employment, or agency relationship exists between Pacifica Group and you as a result of this Agreement or your use of the Website.
The failure of Pacifica Group to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
NO LICENSE
Except as expressly provided herein, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of Pacifica Group.
USE OF INFORMATION SUBMITTED BY YOU
NOTE: THIS SECTION DOES NOT APPLY TO PERSONAL DATA SUPPLIED BY YOU TO THE WEBSITE, SUCH AS YOUR NAME, ADDRESS, E-MAIL ADDRESS, TELEPHONE NUMBER AND THE LIKE. PLEASE SEE OUR PRIVACY POLICY STATEMENT FOR INFORMATION REGARDING OUR TREATMENT OF PERSONAL DATA.
If you respond to Pacifica Group with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed the property of Pacifica Group, and your submission of information shall constitute an assignment to Pacifica Group of all worldwide rights, titles and interests in such information. Pacifica Group will not be liable for any use or disclosure of such information. Pacifica Group will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Pacifica Group will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
PRODUCT AND PRICING INFORMATION
The information on this Website does not constitute a binding offer to sell products described on the Website. Pacifica Group reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Subject to the foregoing, the prices displayed are quoted in Thai Baht and are effective only for Thailand purchases. Although Pacifica Group has made every effort to display the products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user and Pacifica Group cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling.
DELIVERY OF PRODUCT
Pacifica Group make every effort to deliver all products within Thailand within 7 working days of acceptance of your order. Where this is not possible, Pacifica Group will notify you of the delay and estimate timing of delivery. All deliveries will be made to you at the address specified by you in the order. All deliveries must be acknowledged, and you will be responsible for the products as soon as they are delivered and found to be in conformity to the contract. Ownership of the products shall pass to you once a full payment has been received. If we cannot ship the products to you at the address you have specified for any reason (other than when we are at fault), we will notify you and store the products as deeded appropriate. If you wish us to redeliver the products to you, you may be requested to authorize us to charge your credit card/ debit card for such re-delivery. If we do not hear from you within 30 days, we will cancel the order and refund your payment to you less any reasonable delivery charges we have incurred.
PAYMENT
For standard delivery Pacifica Group will charge your account for payment at the time that the order is dispatched for delivery to you. We take every reasonable care to ensure that your order and subsequent transactions are conducted via a secure link. As we are not responsible for the operation of the secure link we will not be liable for any loss you may suffer if a third party obtains unauthorized access to any information you provide via such link. If products are not available for any reason after we have accepted your order, we will notify you. We will not charge you for these products and will refund any amounts already paid (if any) through bank transfer (or other payment methods possible) or by adding store credit to your account.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
While Pacifica Group attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. Pacifica Group reserves the right to make corrections and changes to the Website at any time without notice. Pacifica Group does not claim that the information on the Website is appropriate to your jurisdiction or that the products described on the Website will be available for purchase in all jurisdictions.
You assume all responsibility and risk with respect to your use of the Website. Subject to any rights you have under any consumer protection law or any other laws that cannot be excluded by virtue of Thailand legislation, Pacifica Group excludes all implied terms and warranties whether statutory or otherwise, with regards to the Website or the subject matter of these Terms of Use. Pacifica Group does not warrant that the Website is free of computer viruses, bugs or other harmful components. Pacifica Group does not warrant that the functions contained in the material will be uninterrupted or error-free or that errors will be detected or corrected. Pacifica Group does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Website. Pacifica Group does not have any duty to update the Website or modify their Content or Code, and Pacifica Group shall not be liable for its failure to update such information. It is your responsibility to verify any information contained on the Websites before relying upon it.
Pacifica Group makes no warranties of any kind regarding any non-Pacifica Group Websites to which you may be directed or hyperlinked from the Website. Hyperlinks are included solely for your convenience, and Pacifica Group makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Pacifica Group Websites.
Nothing in these Terms of Use is intended to exclude, restrict or modify your consumer rights conferred by Thailand legislation. To the fullest extent permitted by law, Pacifica Group’s liability to you which cannot be excluded, is limited at the option of Pacifica Group to the following:
- resupplying goods or services to you or supplying equivalent goods;
- repairing the goods; or
- paying to have the goods or services resupplied or goods repaired.
SUBJECT TO ANY RIGHTS YOU HAVE UNDER ANY CONSUMER PROTECTION LAW OR ANY OTHER LAWS THAT CANNOT BE EXCLUDED BY VIRTUE OF THAILAND LEGISLATION, IN NO EVENT SHALL PACIFICA GROUP, ITS AFFILIATES OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE WEBSITE.
GIFT CARD DISCLAIMER
Pacifica Group reserves the right to refuse to send or transmit gift cards, including e-gift cards that contain vulgar, obscene, abusive, profane or otherwise offensive language.
ADDITIONAL DISCLAIMER
IN NO EVENT SHALL PACIFICA GROUP BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGE OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE TO PROPERTY AND INJURY OR DEATH TO PERSONS, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE WEBSITE.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Pacifica Group and its affiliates and its officers, directors, attorneys, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Website and any violation of these Terms of Use. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Pacifica Group reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Pacifica Group in the defense of such matter.
MINORS
Access to and use of the Website is targeted at people who can form legally binding agreements under applicable law. Persons under the age of 20 accessing the Website should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a "Minor"), to access the Website, you will be solely responsible for: (i) the online conduct of the Minor; (ii) monitoring the access to and use of the Website by the Minor; and (iii) the consequences of any use of the Website by the Minor. If you do not have consent from your parent or legal guardian, you must stop using/accessing the Website and services.
PROMOTIONS
Pacifica Group may from time to time, make available to you offers and discounts in the form of a promotional code or special pricing. Such promotions are subject to terms and conditions communicated to you when the promotion is offered.
SEVERABILITY
If any provision of the Terms of Use is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.
APPLICABLE LAW
Your use of this Website shall be governed by, and interpreted in accordance with the laws of Thailand. The courts of Thailand have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms of Use and your use of this Website. You agree that the courts of Thailand are the most appropriate and convenient courts to settle a dispute and you agree not to make any argument to the contrary. This shall not however affect any mandatory statutory rights that you may have under laws of their local jurisdiction.
ENTIRE AGREEMENT AND ADMISSIBILITY
The Terms of Use and any policies or operating rules posted on this Website constitute the entire agreement and understanding between you and Pacifica Group with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
UPDATED DATE
Mar 26, 2024
