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Updated Term and Conditions

Terms and Conditions for Maison Ipanema
Last updated: May 25, 2021
Please read these terms and conditions carefully before using Our Website.

Terms and Conditions
Definitions

For the purposes of these Terms and Conditions:
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors
or other managing authority.
• Account means a unique account created for You to access our Website.
• Device means any device that can access the Website such as a computer, a cell phone or a digital tablet.
• Goods refer to the items offered for sale on the Website. Orders mean a request by You to purchase goods from us.
• Promotions refer to contests, sweepstakes or other promotions offered through the Website.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Website.
• Website refers to Maison Ipanema, accessible from https://maisonipanema.com
• You means the individual accessing or using the Website, or the Company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.

Conditions

Thank you for visiting https://maisonipanema.com (the “Website”). This Website is expressly owned and operated by THE POLO TRADING Co., Ltd. (hereinafter “THE POLO TRADING Co.” “we,” “our,” “us”). YOU SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEBSITE. These legal terms and conditions govern the use of and access to this Website and constitute an agreement between THE POLO TRADING Co. and you, the visitor.
Your access and use of this Website (regardless of your review of these terms) signifies your acceptance to, and your agreement to be bound by the following Terms of Use, including our policies related to Privacy and Return and Exchange set on this Website, and incorporated herein by reference (collectively, the “Terms of Use” or this “Agreement”). Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using our Website.
These Terms and Conditions apply to all visitors, users and others who access or use the Website. Therefore, You represent that you are over the age of 18, as we do not permit those under 18 to use the Website. If at any time you do not agree to these Terms of Use, please do not use the Website.
THE POLO TRADING Co. reserves the right to periodically revise, add, or remove portions of these Terms of Use with no prior notice and at its sole discretion. It is your responsibility to check these Terms of Use periodically for changes. By using this Website after any such change, you agree to comply with, and be bound by, the Terms of Use as changed. Should you have any questions concerning any of our policies, please feel free to contact us. Providing that you comply with these Terms of Use, THE POLO TRADING Co. grants you a personal, non-exclusive, non-transferable, limited right to enter and use the Website.

1. Ownership of Proprietary Information

Copyright, Trademark & Other Intellectual Property Protection This Website as a whole and all material on this Website, including but not limited to all design and content such as photographs, images, illustrations, text, designs, logos, trademarks, trade dress and other materials, are protected by laws of both Thailand and foreign countries for its copyright, trademarks, trade dress, and other intellectual property rights, whether registered or unregistered, and exclusively owned by THE POLO TRADING Co. and/or its affiliated companies. All interests are reserved. The contents of our Website and the Website as a whole are intended solely for your personal, non-commercial use. Any use of our Website and its content for purposes other than personal and non-commercial is prohibited without the prior written permission of THE POLO TRADING Co. Unless expressly prior written consent from us, we do not authorize any reproduction, publishing, display, modification, sale, or distribution of any of our products or materials. Among other things, you may not (i) create derivative works from, sell or participate in any sale of, this Website, any of the materials on this Website, or any related software, or reverse engineer, decompile or disassemble any technology used to provide the Website and the goods or services offered on the Website; (ii) reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout, page design, trade dress, trademark, logo or other content for any purpose; (ii) extract or copy any site content; (iii) use any meta tags, search terms, key terms, or the like that contain the Website’s name or THE POLO TRADING Co.marks; You may, for your personal, non-commercial use only, download or electronically copy and print any of the page contents displayed on the Website.
Should you choose to download, copy, or forward any Website materials via email, no right, title, or interest in those materials will be transferred to you. The name and the mark THE POLO TRADING Co., and all other marks and logos depicted on this Website and supplied by THE POLO TRADING Co., whether registered or unregistered, are trademarks or service marks of THE POLO TRADING Co. and/or its affiliates, and shall at all times be exclusively owned by THE POLO TRADING Co. or, as the case may be, its respective affiliates, and shall at all times remain vested in THE POLO TRADING Co., in Thailand and in other countries.

2. Warranties, Disclaimers and Limitation on Liability

We are constantly updating Our offerings of Goods on the Website. While we endeavour to present the most accurate information on this Website at all times, there may be times when the Website contains incomplete or inaccurate data, including typographical errors, inaccuracies or we may experience delays in updating information regarding our Goods on the Website and in our advertising on other websites. Any errors are unintentional, and we cannot and do not guarantee the accuracy or completeness of any information. Prices and descriptive information or imagery are subject to change at any time without prior notice at any time prior to accepting an order. Some products may appear smaller or larger than their image displayed on the Site. The colour and size of the display of a product may vary depending on the type of computer monitor you use and its settings. We apologize for any inconvenience this may cause. We reserve the right to extend, modify or discontinue any offer at any time without notice.

Disclaimer “AS IS” and “AS AVAILABLE”

The information and materials contained in this website are provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the THE POLO TRADING Co., on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, THE POLO TRADING Co. provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither THE POLO TRADING Co. nor any of the Company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of THE POLO TRADING Co. are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
It is possible that other users or unauthorized persons post or transmit offensive or obscene materials to or from the Website and that you may involuntarily be exposed to such materials. It may also be possible for other users or unauthorized persons to obtain personal information about you. By using this Website, you assume the risk of such occurrences. Additionally, you specifically acknowledge and agree that neither THE POLO TRADING Co. nor any THE POLO TRADING Co. Affiliate shall be liable for any defamatory, offensive or illegal conduct of any user of the Website, or for any loss or damage resulting from a third party’s unauthorized use of the Website or your personal information.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Limitation of Liability

Notwithstanding any damages that You may occur, hereby agree to indemnify, defend, and hold harmless THE POLO TRADING Co. and THE POLO TRADING Co. Affiliates, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account, including but not limited to, any infringement by you of the copyrights or intellectual property rights of any third party, or your use or misuse of the Website.
To the maximum extent permitted by applicable law, in no event shall THE POLO TRADING Co. or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Terms), even if THE POLO TRADING Co. or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

3. Links to other Websites

Our Website may contain links to third-party web sites or services that are not owned or controlled by THE POLO TRADING Co. THE POLO TRADING Co. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that THE POLO TRADING Co. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

4. Correspondence and Use of Submissions

While we welcome your comments and feedback regarding our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this Website or any email connection. Any and all communications, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by you to THE POLO TRADING Co. on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (“Submissions”) shall be and remain THE POLO TRADING Co.property. Such Submissions shall constitute an assignment to THE POLO TRADING Co. of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Submissions. We will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any submissions. We shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or knowledge disclosed therein for any purpose, including the development, manufacturing and/or marketing of goods or services. THE POLO TRADING Co. is under no obligation to (i) respond to any Submissions, (ii) maintain Submissions in confidence, or (iii) pay compensation of any kind for your Submissions. Any Submissions by you is a declaration on your party of the full release of all proprietary claims and/or intellectual rights regarding your Submissions. We will not use your name in connection with any such Submissions unless we first obtain your permission or otherwise are required by law to do so.

5. Placing Orders for Goods and Cancellation

By placing an Order for Goods through the Website, You warrant that You are legally capable of entering into binding contracts.
Nothing on this Website constitutes a binding offer to sell the products described on the Website or to make such products available in your area. THE POLO TRADING Co. reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in THE POLO TRADING Co.’s sole discretion, including fraud or an unauthorized or illegal transaction is suspected, even after your receipt of an order confirmation or after your credit card has been charged.
The prices displayed on the Website are quoted in THB (Thai Baht) and must be paid in this currency. In the event a product is listed at an incorrect price, THE POLO TRADING Co. has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, THE POLO TRADING Co. will issue a refund to your credit card account.

6. Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available.
At this time, we do not accept THE POLO TRADING Co. gift cards for online purchases. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of Your Order. If payment is not accepted online, please contact your bank for approval of your transaction or select an alternate form of payment. Please note, your billing address, phone number, and email must match the information on your credit card statement.
Full payment is due before any order is processed and produced. Only one (1) form of payment is acceptable per order, multiple methods of payment will not be processed.

7. Cookie Information

We use cookies. Cookies are small files that are automatically stored on your computer capturing certain information (such as what Websites you visit, and how often). You can set your browser preferences to automatically disable cookies, if you do not wish to have cookies on your system.

8. User Accounts

When You create an account with us, You must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on our Website.
You are responsible for safeguarding the password that You use to access the Website and for any activities or actions under Your password, whether Your password is with our Website or a Third-party Social Media Service.
You agree not to disclose Your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

9. Your Information

If You wish to place an Order for Goods available on the Website, You may be asked to supply certain information relevant to Your order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

10. Your Order Cancellation Rights

Our Returns and Exchange Policy forms are part of these Terms and Conditions.
Please read our Returns and Exchange Policy to learn more about your right to cancel Your Order.
Once an order has been accepted by THE POLO TRADING CO., it cannot be cancelled or modified. To return merchandise, please follow our Returns policy.

Return and Exchange Policy

Returns: All sales are final and there are no returns or in-store credit.
Exchange procedure:
• You have 7 days to exchange for the same item if the size is not right for you. Please contact us first.
• Exchange for the same item is allowed if the item is in good shape, unused, untorn and contains all its part with their original tags/package.
• We will not accept any items that were sent back by you directly without contacting us first.

Note:

There are no exchanges due quality issues. The conditions below are not considered
quality issues:
• Loose threads, raw edges, thickness touch, and differences in colour due to differences in monitor display do not constitute quality issues.
• Exchange due dissatisfaction in style, colour and changes in personal preference do not constitute quality issue.
• Damages due to use, wash, care, improper maintenance, self-repair, modifications, or other human factors do not constitute quality issues.
• Defective goods that have been clearly indicated at the time of purchase do not constitute quality issues.
• Please refer to our size chart for final decision on your purchase, as our service team can also offer our recommendations.
• Due to differences in design and style of the items, there may be slight differences to different items with the same size. Please refer to actual measurements.
Upon receipt of the exchange THE POLO TRADING Co. reserves the right to deny an exchange if the item does not meet the return policy requirements.
Exchange address:
You may send back your item for exchange after receiving a confirmation email from Customer Service.
SALE ITEMS ARE NOT ELIGIBLE FOR EXCHANGE. ALL SALE PRODUCTS ARE INDICATED AS SUCH ON THE WEBSITE.

11. Governing Law and Dispute Resolution

By visiting the Website, you agree that the laws, excluding its conflicts of law rules, of Thailand will govern these Terms of Use and any dispute of any sort arising between You and us. If any material contained within the Website, or any of Your use of the Website, violates the laws of the location where you are when you access the Website, we ask that you refrain from using the Website.
Any dispute relating in any way to your visit to our Website shall be submitted to confidential arbitration in Thailand. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the competent courts of Thailand. Any arbitration under these Terms of Use shall be conducted under the prevailing rules of the Thai Arbitration Institute. The arbitrator’s award shall be binding and may be enforced as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to the Website shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.
To the fullest extent permitted by the law, you agree that any claim of cause of action arising from or relating to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

12. Miscellaneous Provisions

These Terms of Use and any policies or operating rules posted on the Website constitute the entire agreement and understanding between you and THE POLO TRADING Co. with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and THE POLO TRADING Co. with respect to such subject matter.
If any provision in within these Terms of Use is held by a court of competent jurisdiction or by an arbitrator to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of these Terms of Use shall continue in full force and effect.
Any failure by THE POLO TRADING Co. or you to exercise or enforce any right or provision hereunder shall not constitute a waiver of such right or provision, or any other provision herein. THE POLO TRADING Co. may freely assign these Terms of Use or any of its rights and/or obligations hereunder.

13. Termination

You agree that THE POLO TRADING Co. may terminate or suspend your access to all or part of this Website, immediately, without notice, for any conduct that THE POLO TRADING Co., in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of THE POLO TRADING Co. or another user.
THE POLO TRADING Co. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms of Use, you agree that THE POLO TRADING Co. shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website.

14. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

15. Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:
By email: support@maisonipanema.com
By visiting this page on our website: https://maisonipanema.com/contact-us/
By phone number: (+66) 80-007-2713

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