TERMS & CONDITIONS

The present General Terms and Conditions (hereinafter referred to as “GTC”) apply to orders placed on the Website by an individual consumer aged 18 years old or above, for strictly personal and private use (hereinafter referred to as the “Client”) for a delivery of the Products in Thailand (the “Territory”).

By placing an order on the Website, the Client agrees to the GTC. The GTC can be printed and / or downloaded from the Website, and are available both in Thai and in English.

HTHAI reserves the right to modify the GTC at any time, in which case the applicable version of said GTC shall be the one agreed upon by the Client at the time when placing his/her order on the Website. Clients who do not agree to the applicable GTC at the time of their order should not complete or confirm their order.

The GTC constitute the entire agreement between Client and HTHAI as regards the purpose of the same, replacing any previous pact, agreement or promises made between the parties verbally or in writing. Further, Client acknowledges that he/she enters into the GTC without depending on any representations or warranties made by HTHAI except for those expressly mentioned in the GTC.

Should any portion of the GTC be declared null and void under applicable Thai laws, the remaining terms and conditions shall remain in effect without being affected by the foregoing.

The lack of exercising of any of HTHAI’s rights under the GTC shall not constitute the waiving of or limitation of the said rights or actions, nor constitute the waiving of other rights of HTHAI.

The GTC shall be binding on Client and HTHAI, and only HTHAI may transmit, cede, levy, subcontract, assign or novate its obligations to another party. For the avoidance of doubt, any such act does not affect the rights that Client has under these GTC and/or recognized by applicable Thai laws.

To access the online sale service on the Website, the Client has the possibility, but not the obligation, to open an online account (the “Account”). The Client will receive an email confirming the creation of the Account. The Client may at any time opt-out and unsubscribe from general and promotional emails. However, the Client will continue to receive emails regarding his/her order(s).

By placing an order and/or opening an account, the Client declares being a natural person ordering Products for non-commercial purposes, having the legal capacity to enter into contract and acting on their own behalf.

The account of the Client allows placing orders on the Website, consulting the status of the processing of her/his order and of the delivery of the Products, consulting the list of past online purchases, and having access to the Client’s personal data stored on the Website. The Client can modify said personal data when logged in on his/her account. Guest(s) (Client without account) cannot access to status of the processing of her/his order and of the delivery of the Products, consulting the list of past online purchases.

If the Client opens an online account, he/she will choose a security password that shall be strictly confidential.

An email confirming the opening of an online account shall be sent to the Client at the email address provided when filling the online form.

To access his/her online account either via or via the Apps, the Client must use his/her email address as a user name and his/her password.

The Client who loses his/her password can reset it by clicking on the Forgot your password. The Client will receive a reset password (Reset password email) to his/her email address and a second email when Client has reset successfully the password (Reset password success email).

All the Products offered for sale on the Website are presented on a file including a photograph and information such as dimensions and all tax included price of the Product. Products are offered for sale as long as they are available online and within the limits of available stock. Pictures are as accurate as possible but HTHAI does not warrant a perfect similarity with the Product(s) selected for purchase (including, but not limited to attributes like colours).

By clicking on the link “Add” to shopping bag, the Client places the Product in his/her “Shopping bag” in the quantity chosen.

After placing one or several Products in his/her “Shopping bag”, the Client can continue choosing Products on the Website or check his/her “Shopping bag” to place his/her order. At any time, the Client can modify, validate or delete the Shopping bag’s content. As long as the order is not paid and confirmed by email (Order acknowledgment and Order Confirmation), the Product(s) placed in the Shopping Bag shall not considered as reserved or in stock until the checkout is completed whatever the duration (max. 30 days) and history of the placing in the Shopping bag. An email shall be sent to the Client informing her/him that Product(s) still remains in the Shopping bag (option available in 2020).

The Client who accepts his/her order as described shall pay with his/her credit card (Visa, MasterCard, JCB), China UnionPay or with Line Pay (available for Android only).

HTHAI shall keep the written proof of the sales contract entered into with the Client for a period of 10 years starting on the delivery of the Products.

Within one month following the delivery of an order, the Client may ask for a tax invoice related to the sale order. The Client will receive the Tax Invoice by separate email within 10 working days after the request is placed. Client can ask for a tax invoice from the customers’ relations service at the address mentioned at Article 1 of the GTC. However, HTHAI strongly recommends to the Client to keep copies of its order and more generally information related to the purchase.

Title to the Products shall remain vested in HTHAI and shall not pass to the Client until complete payment of the price. The shipping of the Products ordered shall not intervene before the complete and effective payment of the price. Notwithstanding the foregoing, risk of the Products shall pass to Client once delivery has been completed.

HTHAI verifies each order placed on the Website. Such control aims at protecting HTHAI from abusive practices set up by fraudsters. HTHAI services may ask the Client for any necessary documents to carry out the fulfilment of the order, including but not limited to: address proof at the Client’s name or at the name of the person indicated for the delivery, etc. Such request may be made by email.

The price of each Product is mentioned on its designated file on the Website, in appropriate currency (Thai Baht) and all taxes included, excluding package fee if any. HTHAI services and pricing remain the same as in the HTHAI stores in the Territory (“Store(s)”).

Should the Client wish to enjoy any alteration service on the COS Products, (s)he will book an appointment online or by phone in the selected HTHAI’s Stores where such service is available.

Package fee is indicated to the Client on the web page listing the Products and submitted to his/her approval before the order is completed. The amount of these costs depends upon the physical characteristics of the Product(s) ordered and of the country of delivery chosen by the Client.

HTHAI reserves the right to modify the price of the Products at any time. The price accepted by the Client when validating his/her order is firm and definitive.

The Clients will benefit from the same price(s) and same reduction(s) in both physical Stores and the Website, However, HTHAI may sell online only exclusive Product(s) that will not be sold in Store in the Territory.

Transactions made on the Website are secured by 2C2P payment system. Any data provided for processing the payment is encrypted by a SSL (Secure Socket Layer) encryption process. Data can neither be detected, nor intercepted nor used by third parties. Payment information shall be kept only by the bank that proceeded with the transaction. Moreover, any purchase made on the Website respects the 3D Secure norm. 3D Secure is a program created by the international issuers Visa (Verified by), MasterCard (MasterCard Secure Code) in order to reinforce security of online payments. The program relies on the setting up of an additional control with the online purchase: besides banking data, the Client is asked to provide for a personal data allowing his bank to identify him and to validate the transaction.

If the transaction cannot be executed and the Client payment account cannot be debited, the sale would be immediately cancelled and the order of the said Products would be cancelled thereafter too.

HTHAI suggests that Clients keep the receipt from the bank after completion of the transaction and more generally the information related to the purchase.

Client may choose between delivery at a selected place like home, her/his work-place etc. or in selected HTHAI stores. Once the order is confirmed, the choice is definitive. Client who wishes to change the place of delivery shall have to organize the new delivery at her/his own costs. However, if Client would require that HTHAI arranges the said new transportation for her/him, HTHAI would ask the Client to proceed to the payment of this new transportation prior to its execution.

The Client shall be advised of the shipping of the Products ordered by email (Shipment Confirmation).

Should the Client be absent at the time of delivery and the courier from the shipping company is not able to contact the Client, then the Parcel(s) will be returned to HTHAI warehouse, and the Client will be notified by email. The Client will receive a return confirmation when the parcel reaches the warehouse and the refund will be processed.

The delivery is deemed effective when the Products ordered are delivered to the Client by the shipping company and the Client has signed the delivery receipt. The delivery is also deemed effective when the delivery receipt is signed by a relative of the Client (namely but not only his/her husband /wife/partner, children, parents) or by a caretaker, a neighbor of the Client. Failure to remit the parcel to the Client, without instruction, uncollected parcels will be returned to our warehouse, and the Client will be notified by email. The Client will also receive a return confirmation when the parcel reaches the warehouse and the refund will be processed.

The Client is responsible for verifying the Products delivered and expressing all proper issues that could be necessary and / or to refuse the delivery if it appears to have been opened or if it bears signs of damage.

Said issues must be written on the delivery receipt and transmitted to the customer service of HTHAI with no delay, providing the user name of the Client and the order reference. The provisions above apply without prejudice to the application of the provisions of Article 10 hereafter relating to the right of withdrawal of the Client.

Click & Collect Pick-up in store of orders purchased online on th.cos.com (Click & Collect) is available in selected HTHAI stores in the Territory.

The Client can buy online on the Website and collect free of charge her/his order in a designated Store in the Territory. There is no minimum/maximum purchase to enjoy the Click & Collect service.

During the Checkout, the Client will simply select the Pick-up in store option. The Client will receive confirmation by email (Ready for Collection notification). The parcel will then arrive to the selected Store within approximatively 1-3 days*, Monday-Friday. *for information only, depending on the selected store.

The Client will have 30 days to collect within the regular Opening Hours the parcel from the date it arrives in Store. The Client will receive one or more reminder email(s) from the Customers Service during such period.

HTHAI kindly reminds its Clients to bring their ID/passport and Original Delivery Note & Invoice either printed or – and HTHAI warmly recommends so – on their smartphone device’s screen. The Client must be aware that HTHAI will not be able to hand over the parcel without them.

If Client chooses to nominate someone else to pick up the parcel on her/his behalf, the latter must bring the Client’s ID copy, the Original Delivery Note and the Pick-up code as well as her/his own ID. HTHAI may reserve the opportunity to call the Client during the collection of the parcel for verification purposes.

After 30 days, any uncollected parcels will be returned to HTHAI warehouse, and the Client will be notified by email. The Client will also receive a return confirmation when the parcel reaches the warehouse and the refund will be processed.

During high season and sale peak periods, delivery might take a little longer.

The availability of each Product is checked and confirmed on the list of selected Products submitted to the Client online for approval before placing his/her order.

Despite the care taken by HTHAI to the managing of the Products stocks and the information displayed on the Website, a Product may be unavailable after confirmation of the order by the Client and confirmation by HTHAI, due to the fact that several orders can be placed simultaneously, a mistake can occur in the processing or a Product in store can appear to have sustained damage.

In that case, HTHAI shall send an email to the Client confirming the Order for the available item(s) and the order cancellation for the missing Product(s). The Client will get the refund within the regular deadlines provided herein.

HTHAI makes its best efforts to ensure that the photography of the Products on each file be as close as possible to the perception of a Client who would see the Products on display at the shop. However, the technical constraints of online displaying and photographing in a digital format, as well as Client’s electronic devices and the presentation on the screens of Client’s electronic devices can make the perception of a Client to be different from that of a Client seeing the Product at the shop. In that regard, all purchases are made on an “as is” basis, with no express or implied warranties or conditions of the same, except those legally established.

The provisions of the present Article apply without prejudice to the provisions of Article 10 of GTC relating to the right of withdrawal of the Client.

Products purchased online on Website can be either Returned/exchanged in selected Stores in the Territory.

When the return occurs in Store, the Client shall follow in-store team’s guidance.

For Return by post, the Client shall use the Return Form contained in all parcels. The Client will fill in the return form using the code that best explains the reason for the return, and place this, together with the product(s) to return in the parcel the said order arrived in.

The Confirmation of Return – in-Store or by post – shall be sent to the Client by email.

The return option whether partial or in full in Stores in Thailand is free whereas the Client shall bear the courier delivery cost for return (even partial). The Products shall be returned in the original packaging in a condition allowing their resale. If a Product is returned incomplete or after having sustained damage, such determination to be in HTHAI’s sole and absolute discretion, HTHAI shall not accept the return and shall not be able to proceed with the refund.

Refunds
As the refund is processed through the payment gateway, the price of the Products returned shall be refunded to the Client within a (1) month upon exercise of the right of withdrawal, if the Products have been correctly returned to HTHAI.

The refund shall be payable by Credit Cards within the same means as used by the Client to pay the cancelled order. HTHAI will not do cash refund.

Such right of withdrawal does not apply to altered Product or bespoke Products that have been customized on demand of the Client, for instance with the engraving of a name.

Apart from the rights enjoyed by the Client pursuant to the GTC, the Client enjoys all guarantees provided for by consumer’s regulations in force when placing the order and delivery.

HTHAI shall be only liable for damages to products if a product is proven to have caused damaged to Client due to:
(i) its manufacturing defect;
(ii) its design defect;
(iii) a lack of instruction or warning for usage or storage, or product information; or
(iv) incorrect or unclear instructions or warning for usage or storage, or product information.

The action resulting from important/major defects must be brought by the buyer within two (2) years from the discovery of the vice.

Notwithstanding anything in the GTC and to the extent legally allowed, HTHAI shall not accept any liability for the following losses, regardless of whether HTHAI was notified of the possibility of such losses materializing, including but not limited to: (i) loss of income of sales; (ii) loss of profits or contracts; (iii) loss of data; (iv) loss of management time; (v) loss of forecast savings; (vi) operating losses.

All the content of the Website, be it visual, graphical or sound, or the mark(s) HTHAI and H & M Hennes & Mauritz AB and all other marks of COS, whether or not composed of the words "COS", as well as all intellectual property rights which may be attached to the products (Such as designs, images, texts and logos), whether registered or unregistered, (the "Intellectual Property Rights") are and will remain the exclusive property of COS.

The copy or use, in whole or in part, of said content without prior written consent of COS and/or HTHAI constitutes a violation of the intellectual property rights owned by COS and involves its perpetrator's civil and criminal liability.

The General Terms and Conditions do not imply any assignment of Intellectual Property Rights

No link to the Website shall be set on another website without prior written authorization of COS and/or HTHAI.

The Website may offer links to third party websites operated by other companies and implemented with the authorization of HTHAI. However, HTHAI is not able to verify the content of third party websites and, as a consequence, does not accept any responsibility. The access and the use of third party websites are at the sole responsibility of the user.

You shall not make undue use of the Website by introducing viruses, trojans, worms, logic bombs or any other software or technologically damaging or harmful material such as attack or denial of service or attach of distributed denial of service. You shall not attempt to make unauthorized access to the Website, the server on which the Website is hosted or any server, computer or database related to the Website. Failure to comply with this clause shall be considered a material breach of the GTC and an illegal act under applicable Thai laws, and suspension of use of the Website with immediate effect, and Client shall indemnify and hold HTHAI harmless from any and all losses arising from the same.

The Client expressly accepts and acknowledges that messages sent by e-mail, Log files hosted on the servers of HTHAI or its technical service providers, statistical data generated and communicated by HTHAI, accessible electronically shall have the same evidential value as hard copies, letters and documents sent by post, except where a registered letter with acknowledgement of receipt is expressly required.

HTHAI shall not be held liable for complete or partial breach of contract in case of force majeure, wrongdoings of the Client, payment incidents, or in case of unpredictable and insurmountable act of a third person.

HTHAI cannot be held liable for any potential damage that can occur when browsing the Internet such as, especially, a connection failure, the loss of data, access by a third party to the data on the computer of the Client, or risks of viruses or unwanted software installing.

In case of breach of the contract by the Client under the provisions of the GTC, such as the transmission to HTHAI of false identification information, the use of invalid means of payment or illegal use of a third party’s means of payment, HTHAI reserves the right to delete the online account of the Client and to cancel any pending order without prejudice to any claim for damages.

HTHAI also reserves the right to refuse any order from a Client with whom such breaches of contract would have occurred.

In case of dispute, the Client can send a claim to the customers’ relations service of HTHAI, at the postal address mentioned at Article 1 of the GTC, in order to find an amicable solution. If such an amicable solution cannot be reached and if despite HTHAI vigilance, the disagreement still subsists, the courts of Thailand shall have exclusive jurisdiction and corresponding applicable Thai laws shall apply to any dispute arising out or relating to an online purchase on the Website, excluding the application of the provisions of the United Nations Convention on Contracts for the International Sale of Goods and of any disposition of international private law that would lead to submitting said dispute to another national or international law.

Your comments and suggestions are always welcome. Please send any comments and suggestions through the contact details at Article 1 of the GTC.