TERMS AND CONDITIONS

Effective as of 1 November 2018.

Thank you for choosing BEAR & FRIENDS. Here are the terms of use and sale (the “Terms”) for your use of the site www.bearnfriends.com (the “Site”) owned and controlled by the brand BEAR & FRIENDS, part of Power Distance Co. Ltd company registered number 0105554088235 (collectively and individually referred to as “BEAR & FRIENDS”, “we”, “our”, “us”). We request that you read these Terms and our Privacy Policy carefully before accessing or using our Site, or purchasing any products on the Site.

We may engage with you on third party sites including social media webpages where we post content or invite your feedback, such as http://www.facebook.com/bearnfriendsofficial and http://instagram.com/bearnfriendsofficial (“Social Site”). Our Terms and other areas of our Site provide guidelines (“Guidelines”) and rules and regulations (“Rules”) in connection with our Social Site. BEAR & FRIENDS does not control those Social Site and these Terms do not apply to companies that BEAR & FRIENDS does not own or control, or to the actions of people that BEAR & FRIENDS does not employ or manage.

By using the Site, you agree to these Terms, and the provisions of our Privacy Policy, FAQ, Guidelines and Rules.  BEAR & FRIENDS reserves the right to change or modify any of the terms and conditions contained in these Terms, our FAQ, Guidelines and Rules from time to time at any time by giving you notice via our Site. Any changes or modifications to these Terms, our FAQ, Guidelines or Rules will be posted on the Site and will take effect 3 days after such posting. The Terms that will apply to any orders placed on our Site are the Terms that apply at the time you place the order. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications.

INTELLECTUAL PROPERTY

You may use the Site only in the manner permitted by these Terms. All intellectual property rights (including, without limitation, copyright, trademarks, patents, design rights, look and feel, and all other forms of intellectual property rights existing in the world) in the Site are owned by or licensed to BEAR & FRIENDS and its affiliates. Nothing in this Term constitutes a transfer of any intellectual property rights.

ELIGIBILITY

To be able to make purchases through our Site, you will be required to provide us with your personal details. You will be required to provide us with your name, postal address, e-mail address and/or other contact details as indicated.

The information or personal details that you provide us shall be processed in accordance with our Privacy Policy in the context of your order. When you use our Site, you agree to the processing of your information and details, and you confirm that all information and details provided by you are true and accurate. Furthermore, when you place an order on our Site, you confirm that you are over the age of 18 years and are legally eligible to enter into binding contracts. If you are under 18 years of age, you may only place an order with the consent of your parent or guardian. If you do not have consent from your parent or guardian, you must stop using the Site.

Purchase of products on our Site is limited to 4 per item or variant so that as many customers as possible may enjoy our merchandise. You may not sell or resell any products which you purchase or otherwise receive from BEAR & FRIENDS.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained within, on or via the Site.

You may not use the Site (and any goods or services purchased on or via the Site), or any of its content, to further any commercial purpose, including, without limitation, any commercial activity on your own website, auction sites, group buying sites, social media sites or otherwise.

You agree and undertake that you shall not:

-access or use the Site for any illegal purpose or in violation on any applicable laws. You agree that you shall access and use the Site or any Interactive Services in good faith;

-attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Site or the Interactive Services;

-interfere with another user’s utilization and enjoyment of the Site or the Interactive Services.

PRODUCT INFORMATION

All material and information relating to products presented by BEAR & FRIENDS on the Site is intended to be used for personal educational or informational purposes only. The statements made about the products have not been evaluated by the Federal Drug Administration, Cosmetics Control Division or any other regulator, and the results reported, if any, may not necessarily have the same results on all individuals.

If any minor uses any products or goods purchased through the Site, it should be only after the parent or legal guardian has discussed the product with the minor.

All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.

Use of our Site is not meant to serve as a substitute for professional medical advice; these Site are solely online stores for beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Site before using or relying on them. BEAR & FRIENDS does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Site.

While BEAR & FRIENDS has tried to accurately display the colours of products, the actual colours you see will depend on your display monitor or screen and may not be accurately rendered. While we try to provide an accurate description of the products, we do not warrant that the descriptions, colours, information, pricing, promotions or other content available on the Site is accurate, current or free from error. BEAR & FRIENDS may correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice, including after you have submitted your order.

CONTRACT FOR SALE

The information set out in these Terms and the details on the Site do not constitute an offer for sale, but rather an invitation to treat. Your order constitutes your offer to us to purchase one or more items from us. No contract in respect of any products shall exist between BEAR & FRIENDS and you until your order has been accepted by us, evidenced by your receipt of a Shipping Confirmation e-mail from us. This is irrespective of whether or not funds have been deducted from your account. Please note that if we do not accept your offer or are unable to proceed with the transaction and funds have already been deducted, they will be fully refunded.

If you wish to place an order with us, you must follow the online purchasing procedure. Once you have added the products you wish to purchase to your bag on the Site, click on “Checkout” and provide the necessary details (as indicated) to us to submit your order. Once you have done so, you will receive an email from BEAR & FRIENDS notifying you of our receipt of your order (“Order Confirmation”).

-Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the item has been dispatched (“Shipping Confirmation”).

-Please note that once item has been handed over to the logistic partner, you are no longer able to cancel your order.

 The contract for the sale and purchase of an item between you and BEAR & FRIENDS (“Contract”) will only be formed when we send you the Shipping Confirmation. The Contract will relate only to those items whose dispatch we have confirmed in the Shipping Confirmation. These Terms, the Rules, Guidelines and our Privacy Policy form a part of the Contract.

Any typographical, clerical or other error or omission in any acceptance or other document on our part shall be subject to correction without any liability on our part.

PRICE AND PAYMENT

Prices shown on the Site are in Thai Baht (THB) and are inclusive of A value-added tax (VAT), but do not include any applicable shipping or delivery fees. Delivery fees will be charged where applicable and will be included in the order total upon checkout.

The price of products will be as stipulated at all times on our Site, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the website are correct, error may occur. If we discover an error in the price of any of the products that you have ordered, we will notify you as soon as possible and give you the option of confirming your order at the correct price. If BEAR & FRIENDS is unable to contact you, your order may be cancelled and the amount paid by you will be refunded in full.

You may pay for your purchases using a credit or debit card (Visa or Mastercard) or cash on delivery (where applicable). Credit or debit card payments are subject to verification and authorization by the card issuer. If the issuer does not authorize payment, BEAR & FRIENDS shall not be liable for any delay or failure to deliver and we will be unable to conclude any Contract with you.

DELIVERY

The products displayed on the Site can be ordered and delivered to your chosen address within Thailand only.

For the purpose of these Terms, a “delivery” shall be understood to have taken place or the order deemed “delivered” as soon as you or a third party indicated by you acquires physical possession of the products, which will be evidenced by the signing of the receipt of the order at your chosen delivery address.  However, as we use logistics partners to deliver your order to you, please note that after we hand over your order to them, we do not have any control over their services; and will not be liable for any of their related failure or delay.

After each of your order is submitted, you are no longer able to change the provided address and/or e-mail address and/or phone number.  In case of any logistic failure due to any inaccuracy of your given information or in the case that our logistic partners cannot contact you, we reserve the right to cancel your order. Refund for prepaid order will be initiate once the items are returned.

RETURNS AND REFUND

Unless the purchased items are incorrect or defective (the item received does not match with your Order Confirmation), we reserves the right of any returns and refunds.  In such cases of incorrect or defective item, there is no time cap as to when such item must be returned. We will also refund or replace the correct item to you within 30 working days if stock is available.  

TITLE AND RISK

Risk of damage to or loss of the products shall pass to you at the time of delivery, or, if you wrongfully fail to take delivery of the products, at the time when BEAR & FRIENDS has tendered delivery of the products.

Notwithstanding delivery and the passing of risk in the products or any other terms in these Terms, the property in the products shall not pass to you until BEAR & FRIENDS has received in cash or cleared funds payment in full.

Until such time as the property in the products passes to you (and provided the products are still in existence), BEAR & FRIENDS shall be entitled at any time to demand you to deliver the products to BEAR & FRIENDS and in the event of non-compliance, BEAR & FRIENDS reserves its right to take legal action against you for the delivery of the products and also reserves its right to seek damages and all other costs related to the recovery.

YOUR USE OF CONTENT ON THE SITE

BEAR & FRIENDS provides the Site as a forum only. To the fullest extent permitted by law, BEAR & FRIENDS is not and shall not be liable for any statements, representations, or Content provided by its users in any public forum on the Site or any Social Sites. Any Content, if displayed, is displayed for entertainment and informational purposes only.

To the maximum extent permitted by law, BEAR & FRIENDS will not be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of any Content posted, emailed or otherwise transmitted via or to the Site, Social Site or through the Interactive Services.

You may access the Content and any other content on the Site only as permitted under these Terms and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content. You may not interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, including by using any device, software or routine to bypass robot exclusion headers. BEAR & FRIENDS reserves all rights not expressly granted in and to the Content.

YOUR CONTENT SUBMISSIONS

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Site including the submission of profile information, documents, text, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, “Content”). We will not accept Content from you unless you are a registered user of the Site. By submitting Content to BEAR & FRIENDS, you represent and warrant that:
-you understand you are participating in a public forum;
-you are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize BEAR & FRIENDS to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms); and all “moral rights” that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto.

You also represent and warrant that any Content you submit:
-is not false, inaccurate or misleading;
-does not harm minors;
-does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
-does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
-does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
-is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
is not submitted for compensation or other consideration from any third party;
-complies in all respects with these Terms, our Privacy Policy and all Guidelines and Rules;
will not expose BEAR & FRIENDS to any civil or criminal proceedings in any part of the world;
-will not require further licenses from, or infringe any intellectual property or other rights of, any third party;
-is not unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; and
-does not contain any computer viruses, worms or other potentially damaging computer programs or files.

All Content that you submit is not confidential and may be used at BEAR & FRIENDS’s discretion. BEAR & FRIENDS and its designees will have the right to remove any Content that BEAR & FRIENDS deems, in its discretion, to violate the Guidelines, or any other provision of these Terms or is otherwise objectionable.

BEAR & FRIENDS reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not BEAR & FRIENDS, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of BEAR & FRIENDS, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

You agree that BEAR & FRIENDS may in its sole discretion and without notice remove, withdraw or discard any Content for any reason, including without limitation where BEAR & FRIENDS has determined that any Content has violated or is inconsistent with the Terms.

YOUR ACCOUNT

You agree that you shall only submit or provide any information which is accurate and true, and that you will keep the information provided up-to-date. Further, you agree that you shall not misuse the Site by creating multiple accounts.

On registration at our Site, you will need a password for your account. You are responsible for ensuring your account details including your password remain confidential, current, complete and accurate. You are responsible for all activities that occur under your account and/or password (authorized or not) as if such activities were carried out by you. You shall notify BEAR & FRIENDS immediately if you become aware of or have reason for suspecting that the confidentiality of your account details including your password has been compromised or if there has been any unauthorised use of your account or if your personal information requires updating.

You may store your credit card information as part of your account in order to enable faster checkout processes. The collection and handling of this information is governed by our Privacy Policy.

If you access and use the Site on behalf of another person, you represent that you have the authority to bind that person as the principal to these Terms. To the extent that you do not have such authority, you agree to be bound to these Terms and you accept liability for harm caused by any wrongful use of the Site or Content.

BEAR & FRIENDS reserves the right to suspend or terminate your account without prior notice for any reason including if these Terms are violated or if it is in BEAR & FRIENDS’s best interests to do so.

THIRD PARTY CONTENT AND THIRD PARTY WEBSITES

BEAR & FRIENDS may provide content of third parties (“Third Party Content”) including links to the Social Site and other third-party websites (collectively, “Third Party Websites”) as a service to those interested in this information. BEAR & FRIENDS does not monitor, approve or have any control over any Social Site or Third Party Content and the inclusion of Third Party Content including the Third Party Websites does not imply any association or relationship between BEAR & FRIENDS and such third party.

BEAR & FRIENDS does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Websites. BEAR & FRIENDS is not responsible for updating or reviewing Third Party Content or Third Party Websites. You use Third Party Content and Third Party Websites at your own risk. You acknowledge and agree that BEAR & FRIENDS is not responsible or liable for any content, advertising, products, or other materials on or available from any Third Party Websites or the availability of any content on the linked sites. You further acknowledge and agree that BEAR & FRIENDS 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 use of or reliance on any such content, goods or services available on or through any Third Party Websites.

RESERVATION OF RIGHTS

BEAR & FRIENDS reserves the right to modify, discontinue or disable the Site or any part of the Site at any time, either on a permanent or temporary basis.

BEAR & FRIENDS reserves the right, at any time, without notice and in its discretion, to terminate, suspend or restrict your use of the Site and to block or prevent your future access to and use of the Site.

BEAR & FRIENDS may access, preserve and disclose your account information and Content, including if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
-comply with legal process;
-enforce these Terms;
-respond to claims that any Content violates the rights of third parties;
-respond to your requests for customer service or otherwise communicate with you;
-verify and process your personal or payment particulars; or
-protect the rights, property or personal safety of BEAR & FRIENDS (and its employees), its users and the public.

DISCLAIMER AND LIMITATION OF LIABILITY

To the extent permitted by law, BEAR & FRIENDS is providing the Site, their Contents and makes no representations, conditions or warranties of any kind, express or implied, with respect to the operation of the Site, the information, content, materials or products, included on the Site. You should not act on any data or information posted on the Site or Interactive Services without first independently verifying its contents.

BEAR & FRIENDS does not make any representation or warranty:
regarding the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Site or the Interactive Services;
regarding the security of any information transmitted by you or to you through the Site;
that Site will be provided uninterrupted, secure or free from errors or omissions; or
that the Site is or will be free from any computer virus, worms or other potentially malicious, destructive or corrupting computer program or file.

To the extent permitted by law, BEAR & FRIENDS will not be liable for any damages of any kind arising out of or in connection with the use of the Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

BEAR & FRIENDS will not be liable for any claim arising out of your incorrect or improper use of any or any products or services offered by or purchased through the Site, including use that does not comply with any product instructions or that would be otherwise unexpected or unreasonable.

Notwithstanding anything in these Terms, certain legislation, including the Thailand Consumer Protection Act, may impose consumer guarantees or imply warranties or conditions or impose obligations upon BEAR & FRIENDS which cannot be excluded, restricted or modified except to a limited extent. Such legislation may, for example, impose non-excludable guarantees that goods are of acceptable quality or that services will be rendered with due care and skill (with certain remedies available to consumers for certain breaches of such guarantees). To the extent that such legislation applies, these Terms must be read subject to these statutory provisions and nothing in these Terms is intended to alter or restrict the operation of such provisions.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless BEAR & FRIENDS (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind, including reasonable legal fees, arising out of:
-your use of and access to the Site;
-your violation of any term of these Terms;
-a breach of your representations and warranties set forth above regarding Content;
-your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or
-any claim that any Content you submitted caused damage to a third party.

This indemnification obligation will survive the termination of these Terms and your use of the Site.

FORCE MAJEURE

Transmissions over the Internet and electronic mail may be subject to interruption, blackout or delays due to internet traffic, or incorrect data transmission due to the public nature of the Internet. We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control (“Force Majeure Events”).

Force Majeure Events shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
strike, lockout or other forms of protest;
-civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
-fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster;
inability to use trains, ships, aircraft, motorized transport, logistics delivery or other means of transport, public or private;
-inability to use public or private telecommunications systems;
-acts, decrees, legislation, regulations or restrictions of any government or public authority; or
failure or accident in maritime or river transport, postal transport or other type of transport.

It shall be understood that our obligations deriving from Contracts are suspended during the period in which a Force Majeure Event remains in effect and we may require an extension of the period to fulfill these obligations.

PRIVACY

By submitting your email address in connection with your account, you agree that BEAR & FRIENDS and its third-party service providers may use your email address to contact you about your BEAR & FRIENDS account or Content you have submitted to the Site, including administrative purposes and for any other purpose permitted or required by law.

WAIVER

BEAR & FRIENDS’s failure to enforce these Terms shall not constitute a waiver of these Terms, and such failure shall not affect the right later to enforce these Terms. We would still be entitled to our rights and seek remedies in any other situation where you breach these Terms.

SEVERABILITY

If at any time any clause or provision of these Terms shall be or shall become illegal, invalid or unenforceable in any respect, it shall be severed or modified to the extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant clause or provision shall be deemed deleted. The legality, validity and enforceability of the remaining provisions of these Terms shall not be affected or impaired by any such modification or severance, and shall continue in force as if such illegal, invalid or unenforceable clause or provision was severed from these Terms.

ENTIRE AGREEMENT

These Terms and Privacy Policy, read with the Contract constitutes the entire agreement between BEAR & FRIENDS and you, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and undertakings between you and us, whether written or oral, relating to this subject matter.

RIGHTS OF THIRD PARTIES

A person or entity who is not a party to these Terms shall have no right under any jurisdiction to enforce any of these Terms.

FRAUD PROTECTION PROGRAM

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

BEAR & FRIENDS reserves the right to conduct transaction verification processes, decline or cancel your order, reduce the quantity of your order and/or terminate your account without prior notice if these Terms are violated. You may receive a callback or email from us conducting transaction verification related to an order.

GOVERNING LAW
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed in accordance with the law of Thailand, without giving effect to any principles of conflict of laws.

You agree that the courts of Thailand shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.