The Make-It Co., Ltd.

117/44 Moo 4 Tambon Plutaluang
Amphur Sattahip
Chonburi 20180
Thailand


- hereinafter called Make-a-Bag –


1. General provisions/applicability


These General Terms and Conditions of Business are the basis for all Make-a-Bag’s deliveries and services. Differing and/or supplementary arrangements shall require Make-a-Bag’s explicit written consent. Consent sent by e-mail is sufficient.


2. Offer


All offers of Make-a-Bag on the website at www.make-a-bag.com are non-binding and subject to confirmation. Minor deviations or technical changes with respect to our illustrations or descriptions are possible. The contract shall arise upon the completion of the ordering process on Make-a-Bag’s website and the confirmation of the order by Make-a-Bag by e-mail or the fulfilment of the order by Make-a-Bag.


3. Prices and payment terms


The prices specified on Make-a-Bag’s website at the time when the order is placed are applicable. All the prices specified are final prices in the currency selected by the customer, subject to obvious pricing errors. Packing and shipping costs and any statutory charges in the destination country shall be additionally charged.

Make-a-Bag accepts all the payment methods offered on its website in the ordering process. The customer shall select the payment method it prefers itself. Any additional costs that arise due to the payment method (e.g. cash on delivery fees) shall be additionally charged in the amount specified on the website. Mutual claims can only be set off with the explicit written consent of Make-a-Bag.

The payment option PayPal payment is in accordance with the general terms and conditions of PayPal (Europe) S.a.r.l. & Cie, S.C.A.


4. Delivery and shipping costs


The goods shall be delivered to the customer by the third-party provider specified in the ordering process (delivery services). The customer shall select the shipping method it prefers itself. The orderer shall be notified of the packing and shipping costs in the shopping cart before the ordering process is initiated.

For the unlikely event that materials are out of stock, production time might increase. Make-a-Bag’s ability to make delivery depends on it receiving deliveries from its own suppliers on time. If the delivery fails, Make-a-Bag can rescind the contract, in which case it shall promptly notify the customer to that effect. Any payments made shall be promptly returned to the customer.

Partial deliveries are permitted, unless the customer has notified Make-a-Bag in writing that it is not interested in them or they are clearly unreasonable for it, in which case the costs of transportation and packing shall only be charged once.


5. Notice on the right to exchange and return goods (no right of rescission)


The right to exchange and return goods shall not exist with regard to the special cause of custom manufactured goods - particularly to the customers liking. However, Make-a-Bag, shall exchange damaged goods, if the damage is due to the fault of Make-a-Bag. Goods which are sent back must be sent to this business address: The Make-It Co., Ltd., 117/44 Moo 4 Tambon Plutaluang Amphur Sattahip Chonburi 20180, Thailand.

Make-a-Bag explicitly reserves the right to demand compensation for damaged goods. If the customer is responsible for deterioration, destruction or other impossibility, it shall pay compensation for the reduction in the value of the goods.

The goods must be shipped back in the original packing. If this is not possible, the customer must provide packing which properly protects the goods from damage. The customer shall be liable for any damage to the goods which is attributable to inadequate packing.

Make-a-Bag must be immediately notified in writing of any obvious defects (particularly damage, incorrect deliveries or quantity deviations), damage in transit or other defects, not later than 14 calendar days after the goods are received. Notification by e-mail to info@make-a-bag.com is sufficient. The burden of proving that the notification was successfully delivered shall rest with the customer.


6. Transfer of risk


The goods shall be delivered at the customer’s risk. The risk shall transfer to the customer when the goods are handed over to the transportation company. This also applies if Make-a-Bag has taken over the transportation costs. The customer must submit complaints concerning damage in transit (e.g. damaged packaging upon the receipt of the goods) directly to the transportation company within the time limits prescribed for this. Any taxes, customs duties etc. incurred in connection with a purchase from abroad shall be borne by the customer.


7. Warranty


Make-a-Bag guarantees that the purchased goods are free from material and manufacturing defects and have the contractually agreed properties as at the moment when the risk is transferred. The statutory warranty provisions apply in terms of period. The warranty does not cover normal wear and tear resulting from use or other normal wear.

Claims of the customer to compensation, for example due to non-performance, faults arising upon the conclusion of the contract, breach of secondary obligations, consequential damage due to defects, damage resulting from impermissible acts or on other legal grounds are excluded. However, Make-a-Bag shall be liable if a guaranteed property is absent and for any wilful misconduct or gross negligence. This provision does not affect claims under the Product Liability Act.

If defects are identified for which Make-a-Bag is responsible and if, in the event that the goods are exchanged, the replacement delivery is also defective, the buyer shall have the right to cancel the contract or demand a price reduction. Make-a-Bag accepts no liability either for the continual and uninterrupted availability of www.make-a-bag.com or for technical or electronic errors in the online offer.


8. Retention of ownership


All deliveries shall be subject to retention of ownership. The delivered goods shall remain the property of Make-a-Bag until the purchase price has been paid in full.


9. Data storage / data protection


Please note that the data necessary in connection with the processing of the transaction shall be processed and stored using a computer system. All personal data collected from the customer shall be treated confidentially. The necessary data shall be used exclusively in connection with the processing of the order (payment, shipment), including with respect to third parties. You can obtain information on the data concerning you stored by us at any time free of charge. For that purpose, please send an e-mail to info@make-a-bag.com. For reasons related to data protection, the e-mail can only be answered to the e-mail addresses recorded at Make-a-Bag.

For more details including disclosure, deletion and withdrawal of authorisation, please see our privacy policy.


10. Age Requirements


The minimum age to use Make-a-Bag services is 16. (Or the legally applicable age at your locale without necessitating separate parental consent.)

This explicitly encompasses the creation of a customer account (registration) as well as completion of orders. In case you have not yet reached the required age to utilise our services, you need to obtain the consent of your parents or legal guardian to do so. Please contact our support at info@make-a-bag.com to open an account for minors and to declare parental consent.


11. Place of jurisdiction


The place of jurisdiction for all disputes related to the delivery transaction shall be determined according to Make-a-Bag’s registered office. The ordinary courts in Chonburi, Thailand are therefore competent to handle them. The Parties agree that all legal relationships stemming from this contractual relationship are subject to Thai law, to the exclusion of conflict of laws rules and international agreements.


12. Site notice


117/44 Moo 4 Tambon Plutaluang
Amphur Sattahip
Chonburi 20180
Thailand
Email: info@make-a-bag.com


13. Additional provision


If individual provisions of these GTC are invalid or ineffective, the effectiveness of the other provisions hereof shall not be affected. Any invalid or ineffective provisions shall be replaced by the statutory provisions. Status as of June 2019. Subject to change.


Infringement of intellectual property rights:


If you believe that an infringement of one of your protective rights is originating from the website www.make-a-bag.com respectively the Make-a-Bag App, please notify us immediately per e-mail at info@make-a-bag.com so that we can take prompt remedial action. Please note that since engaging a solicitor is more time-consuming and costly it shall be at the customer’s risk and expense. We make every effort to completely fulfil all statutory requirements, regulations and disclosure obligations.