Conditions of Use

1. INTRODUCTION

Welcome to our website www.wichudafashion.com (the “Website”). These Conditions of Use govern access to and use of the Website. By accessing and using this Website, you agree to comply with and be bound by these Conditions of Use. Please read them carefully. The access to and use of the Website as well as the purchase of products on www.wichudafashion.com are based on the assumption that you have read, understood, and accepted these Conditions of Use.

2. WEBSITE INFORMATION

Wichuda Co., Ltd. (the “Provider”) is the operator of this Website. Our business address is 36/44 Moo. 2, Koh Kaew Muang, Phuket 83000, Thailand (Tax Identification and VAT number 08355564010364). You can contact us by email at info@wichudafashion.com if you need assistance and/or additional information on orders, payments, shipping, returns, and refunds of products purchased on www.wichudafashion.com. This Website is managed and maintained by Wichuda Co., Ltd. The Provider reserves the right to revise or update these Conditions of Use as needed. Any changes will be effective when posted on the Website.

3. LEGAL INFORMATION

For any other legal information, visit the Privacy Policy, Conditions of Sale and Returns Policy sections on the Website. The Provider may amend or simply update all or part of these Conditions of Use at any time. Any amendment or update of the Conditions of Use shall be posted for our users on the Home Page of the Website as soon as such amendments or updates have been made and shall be binding as soon as they are published on the Website in this section. You should regularly access this section on the Website to check the publication of the most recent and updated Conditions of Use. If you do not agree to all or part of the www.wichudafashion.com’s Conditions of Use, please do not use the Website.

4. DEFINITIONS

To provide clarity and transparency for users, reducing the potential for misunderstandings and disputes with the Provider, the following definitions are provided:

1. User/Consumer: Defines who qualifies as a user or consumer on the Website, whether it’s an individual, business, or any other entity.
2. Website: Refers to www.wichudafashion.com and all web pages, content, features, and services offered through our online platform.
3. User Account: Refers to what constitutes a user account, including the registration process, login credentials, and the responsibilities associated with having an account.
4. Product/Service: Defines what are offered for sale on our e-commerce platform, which may include physical products, digital goods, or services.
5. Order: Refers to what constitutes an order on the Website, including the steps involved in placing an order and the obligations of both the user and your business in the order process.
6. Payment and Billing: Refers to how payments are processed, accepted payment methods, billing cycles, and any additional fees or charges users may incur.
7. Shipping and Delivery: Describes our shipping and delivery procedures, including delivery times, shipping costs, and what happens if a user’s order is delayed or lost.
8. Returns and Refunds: Explains our return policy, under what conditions returns are accepted, the process for initiating a return, and how refunds are processed.
9. Privacy and Data Protection: Defines our data privacy and protection practices, including the collection, use, and sharing of user data, as well as how users can exercise their data rights.
10. Intellectual Property: Defines our policies regarding intellectual property, including copyright, trademark, and other proprietary rights, as well as how users can use or reproduce content from the Website.

5. PERSONAL USE

The access to and use of www.wichudafashion.com, including display of web pages, communication with the Provider, downloading product information, and making purchases on the Website, are carried out by our users exclusively for personal purposes, which should in no way be connected to any trade, business, or professional activity. Remember that you will be solely liable for your use of www.wichudafashion.com and its contents. The Provider shall not be considered liable for any use of the Website and its contents made by its users that are not compliant with the laws and regulations in force, without prejudice to Provider’s liability for intentional torts and gross negligence. In particular, you will be solely liable for communicating information or data which is not correct, false, or concerning third parties (in the event such third parties have not given their consent) as well as for any improper use of such data or information.

6. USER’S RESPONSIBILITY AND LIMITATION OF LIABILITY

Lastly, as all materials will be downloaded or otherwise obtained by using the service at the user’s choice and risk, any damage to computer systems or loss of data caused by the download operators shall be exclusively at the user’s liability and cannot be attributed to the Provider. The Provider denies all liability for any damage resulting from the inaccessibility of the services on the site or any damage caused by viruses, damaged files, errors, omissions, service interruptions, deletion of contents, network, provider, telephone or connection issues, unauthorized access, alteration of data, or faulty and/or defective functioning of the electronic equipment belonging to the user. The user is responsible for correctly storing and using their personal details, including the credentials allowing access to the services, in addition to any damage caused by the Provider or third parties following the incorrect use, loss, or removal of said information.

7. PRIVACY POLICY

We recommend that you read the Privacy Policy on the Website, which also applies in the event that users access www.wichudafashion.com and use the relevant services without making purchases. The Privacy Policy will help you understand how and for what purposes www.wichudafashion.com collects and uses your personal data according to the applicable Law and Regulations in Thailand.

8. INTELLECTUAL PROPERTY RIGHTS

All content included on www.wichudafashion.com, such as works, images, photographs, dialogues, music, sounds, and videos, documents, drawings, figures, logos, and any other material published in any format on www.wichudafashion.com, including menus, web pages, graphics, colors, screens, fonts, and web design, diagrams, layouts, methods, processes, functions, software, and digital assets that are part of www.wichudafashion.com (collectively, the “Contents”) are protected by copyright and all other intellectual property rights by Wichuda Co., Ltd., a Thai company, and other rights owners.

Regarding the use of www.wichudafashion.com, you are solely authorized to view the Website and its Contents. You are also authorized to perform all temporary reproductions, without any personal financial gain, considered transitory or accessory, an integral and essential part of viewing www.wichudafashion.com and its Contents, and all other navigation of the Website performed exclusively for legitimate use of www.wichudafashion.com and its Contents.

You may not reproduce in any form, in whole or in part, www.wichudafashion.com and/or its Contents without the express written consent of Wichuda Co., Ltd. Any reproduction must be authorized on a case-by-case basis by Wichuda Co. Ltd. If authorized in writing, these documents must, in any case, be performed for lawful, non-commercial purposes and in compliance with the copyright and other intellectual property rights of Wichuda Co., Ltd. and of the authors of the individual works contained on the Website. Wichuda Co., Ltd. and the authors of individual works published on www.wichudafashion.com have, always, the right to claim the ownership of their works and to oppose any deformation, alteration, or other modification to them, including any damage caused to the works, to their honor, or reputation. You undertake to respect the copyright or digital assets of the artists who have chosen to publish their works on www.wichudafashion.com or who have collaborated with the Website to create new expressive and artistic forms destined for publication, even if not exclusively on www.wichudafashion.com, or which are an integral part of it. Furthermore, you are in no case authorized to use, in any way or form, the Contents of the Website and each individual work protected by copyright and other intellectual property rights. For example, you may not alter or modify in any way the Contents and works protected without the consent of Wichuda Co., Ltd. and, where necessary, the individual authors of works published on www.wichudafashion.com.

9. LINKS TO OTHER WEBSITES

The Website may contain hypertext links (“links”) to other websites which are in no way connected to www.wichudafashion.com. The Provider does not control or monitor these third-party websites and/or their contents and shall not be held liable for their contents and/or for the rules adopted by them regarding, but not limited to, your privacy and the processing of your personal data when you are visiting those websites. Please, therefore, pay attention when you access these websites through the links provided on www.wichudafashion.com and read their Conditions of Use and their privacy policies carefully. In fact, the Website’s Conditions of Use and Privacy Policy do not apply to the websites of third parties not managed by the Provider. The Website provides links to other websites exclusively to help its users in searching and surfing the Internet and to allow links to websites on the Internet. When offering links to other websites, the Provider does not recommend that its users access these websites or provide any guarantees as to the contents, services, and products supplied and sold to users on them.

10. LINKS TO WWW.WICHUDAFASHION.COM

If you are interested in linking to the home page or other pages on www.wichudafashion.com, please contact the Provider at the following e-mail address: info@wichudafashion.com. We ask that you contact us to request our consent to www.wichudafashion.com. The activation of links is granted on request free of charge and non-exclusively by the Provider. The Provider is entitled to object to the activation of links to its website in the event that the applicant who intends to activate links to www.wichudafashion.com has, in the past, adopted unfair commercial or business practices that are not generally adopted or accepted by market operators, or has engaged in unfair competition activities vis-à-vis the Provider or the latter’s suppliers, or when the Provider fears that such practices or such activities might be adopted by the applicant in the future. In any event, it is forbidden to post deep links (such as deep frames) to www.wichudafashion.com or to use unauthorized meta-tags without the Provider’s consent.

11. CONTENT DISCLAIMER

While we take precautions to ensure accurate and up-to-date content, we do not guarantee that the Website’s content is error-free or appropriate for all countries. Your use of the Website is at your own risk. More specifically, the Provider does not warrant that the contents of the Website are appropriate or lawful in other countries outside the Kingdom of Thailand. However, in the event that such contents are deemed to be unlawful or illegal in some of these countries, please do not access this Website. If you choose to access it nonetheless, we inform you that your use of the services provided by www.wichudafashion.com is at your own exclusive and personal responsibility.

The Provider has also taken every precaution necessary to ensure users that the Contents of www.wichudafashion.com are accurate and do not contain incorrect or outdated information on their date of publication on the website and, as far as possible, afterward. Nonetheless, the Provider does not accept any liability to users for the accuracy or completeness of contents published on www.wichudafashion.com, without prejudice to their liability for negligence or willful misconduct and other legal liability. Moreover, the Provider cannot guarantee that the Website will operate continuously, without any interruptions and errors due to the connection to the internet. In the event of any problem in using our website, please contact us by e-mail at info@wichudafashion.com. A representative will be at your disposal to assist and help you to restore your access to the Website, as far as possible. In the same way, we also recommend you contact your internet services provider or check that each device for internet connection and access to web content is correctly activated, including your internet browser. Although the Provider will do everything possible to ensure continuous access to the Website, the dynamic nature of the internet and its contents may not allow www.wichudafashion.com to operate without any suspensions, interruptions, or discontinuity due to updating the Website. The Provider has adopted adequate technical and organizational security measures to protect services on www.wichudafashion.com, the integrity of data and electronic communications to prevent unauthorized use of or access to data, and prevent risks of dissemination, destruction, and loss of data and confidential/non-confidential information regarding users of www.wichudafashion.com, and to avoid unauthorized or unlawful access to such data and information.

12. OUR BUSINESS POLICY

We sell products and services exclusively to consumers, defined as individuals using the Website for personal purposes. If you are not a consumer, please do not use our services. More specifically, the Provider has a set business policy, and our mission consists of selling products through our services and website exclusively to “consumers,” intended as any natural person acting on www.wichudafashion.com, for purposes that are outside the user’s trade, business, or professional activity (if any). We insist that if you are not a consumer, please do not use our services for purchasing products on www.wichudafashion.com. If you continue to use the site, the Provider may refuse to accept purchase orders from persons other than consumers or any other purchase order that does not comply with the Conditions of Sale and these Conditions of Use.

13. APPLICABLE LAWS AND REGULATIONS

These Conditions of Use are governed by the laws of Thailand and, in particular, by the laws and regulations listed below that we invite you to review for your information and records:

• Electronic Transactions Act (ETA): B.E. 2544 (2001) and (NO. 4) B.E. 2562 (2019)
• Consumer Protection Act: B.E. 2522 (1979)
• Computer Crime Act: B.E 2550 (2007)
• Personal Data Protection Act (PDPA): B.E. 2562 (2019) and B.E. 2566 (2023)

14. DISPUTE RESOLUTION

Any dispute arising from or related to these Conditions of Use is subject to amicable settlement by negotiation within thirty (30) working days from the date of the dispute being notified by the user to the Provider. If a settlement is not reached within thirty (30) working days from the day of notification, the dispute may be brought to the jurisdiction of the competent Authority or Court of the Kingdom of Thailand.

15. AMENDMENTS AND UPDATES

These Conditions of Use may be amended from time to time due to new laws and regulations or for other reasons. The new Conditions of Use shall be effective as of the date of publication on www.wichudafashion.com.