Terms and Conditions​

Use of the vivingrocery.com website

The vivingrocery.com website is provided to you free of charge for your personal use subject to these Terms and Conditions and our Privacy Policy. By using the vivingrocery.com website you agree to be bound by these Terms and Conditions and our Privacy Policy.
These terms and conditions do not affect your statutory rights.

Amendments

We reserve the right to revise these Terms and Conditions from time to time. Please check periodically for changes. These Terms and Conditions were most recently updated on 20 March 2020.

Registration

To register with vivingrocery.com you must be eighteen years of age or over or, if you are a business, you must be operated by a person over eighteen years of age. It is your responsibility to ensure that the details provided by you on registration and at any time thereafter are complete and accurate. Your account with vivingrocery.com is not a credit account and payment will be required upon confirmation of your order.

Password security

It is your responsibility to keep your password confidential. You will be responsible for all activities and orders that occur or are submitted under your password. If you have any concerns that someone else knows your password, please contact us immediately. The auto-login facility is provided for your convenience. We recommend that you logout manually whenever you leave the site. We may require you to change your password or suspend or cancel your account if we have reason to believe that there is likely to be or has been a breach of security or misuse of the vivingrocery.com website.

Purchases

Ordering a product via the vivingrocery.com website carries with it the obligation to pay for it . At all times, acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made between you and the our shop and you will be charged for your order. You will receive confirmation by email that your order has been despatched.

Substitutes

All products are subject to availability and market conditions.

Product price

The price of the goods will be the price at the time your order is placed. The prices stated on the website are inclusive of any VAT payable.

Delivery

We will make delivery to your address as stated when you set up an account or update that address. If you change address you must notify us so that we deliver to the correct address. Any changes to address details must be made before the order deadlines published on our website. You can do this on the customer Profile page of the website.
You are responsible for making suitable arrangements to receive your delivery and for giving us appropriate instructions. In the event that you instruct us to leave a delivery unattended at your address or fail to be present to receive the delivery, we disclaim all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.

We reserve the right not to deliver to all locations and to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal.
If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, we cannot accept liability for any inconvenience or loss that this causes. You will not be charged for any goods that are not delivered to you.
You will not be charged for incorrect products or products which we have not delivered in accordance with these Terms and Conditions. Otherwise our liability is limited to the price of the incorrect products or the products not so delivered.

Defective products

You must inspect the products as soon as possible after delivery and notify us promptly if you find any defects. You will be refunded for any defective products or receive a replacement product. Otherwise our liability is limited as provided in these Terms and Conditions.
You may request a product replacement or refund once the delivery hour has passed and for 24 hours thereafter. We will investigate the issue and confirm to you whether your request has been successful.

Delivery charges

Your order may include a charge for delivery. This will be shown to you as a separate charge before you confirm your order.

Payment

We accept payment by bank transfer and credit card. We reserve the right to terminate our agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage. You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of up to 1,000 baht. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.

Changes to and cancellation of orders
Once an order is placed it cannot be changed or cancelled.

No warranty

No warranties or guarantees are given by vivingrocery.com except as set out in these terms and conditions. The vivingrocery.com website is provided by vivingrocery.com without any warranties or guarantees of any kind. You acknowledge that you bear the risks associated with the use of the internet.
While we take reasonable steps to ensure the accuracy of the information accessed via this site, we cannot guarantee or give any warranty as to the accuracy of information or material appearing on it. We have no obligation to verify the content of material supplied by third parties and do not endorse, support, represent or guarantee the accuracy, truthfulness or reliability of any material supplied by third parties. If vivingrocery.com is informed of any inaccuracies in the material on the website we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:

Technical problems including errors or interruptions of the vivingrocery.com website;
Incompatibility of the vivingrocery.com website with any of your equipment, software or telecommunications links;
Unsuitability, unreliability or inaccuracy of the vivingrocery.com website but we will take reasonable care to ensure information there is accurate;
Errors, viruses, worms or “Trojan horses”;
Inadequacy of the vivingrocery.com website to meet your requirements.

You agree that we will not be liable to you or any third party for:

Any direct, indirect, consequential or incidental damages;
Loss of revenue, loss of profits, loss of anticipated savings, loss of business or wasted expenditure (whether direct, consequential, incidental or indirect);
Any other loss or damages, whatsoever that arise out of or are related to the vivingrocery.com website.

Liability

Our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.
We will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.

We shall collect, process, store, and transfer your personal data in compliance with the relevant Thailand data protection legislation and regulation. We shall have no liability to you for loss or damage to data except strictly as required by that legislation and regulation.
Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local Office of the Consumer Protectection Board.

Other businesses

vivingrocery.com has a close working relationship with the producers who are available for sale on its website. However, the companies do not have any liability for each other’s obligations nor are they jointly or severally liable for any legal purposes.

Copyright and intellectual property

The vivingrocery.com website and all materials, copy, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files are protected by copyright, trademarks and other intellectual property rights owned by us or licensed to us.
You may view the content of this website but the content must not be used, reproduced, copied, modified or distributed for any other purpose including or in connection with another website or for commercial purposes without written permission from vivingrocery.com. Any links to this website must be notified to and approved by us before they are created.

Limitations

You may not use the vivingrocery.com website for any of the following purposes:

Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material
Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice
Gaining unauthorized access to other computer systems
Interfering with any other person’s use or enjoyment of the vivingrocery.com website
Breaching any laws concerning the use of public telecommunications networks
Interfering or disrupting networks or websites connected to the vivingrocery.com website
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

vivingrocery.com reserves the right to refuse to post material on the vivingrocery.com website or to remove material already posted on the vivingrocery.com website.
You agree to indemnify us against all losses, liabilities and expenses reasonably suffered or incurred by us as a result of your use of the vivingrocery.com website otherwise than in accordance with the above provision.

Privacy

We respect your privacy. The personal information that you give us is held with care and security. We do not sell, rent or transfer this information to third parties for their marketing purposes unless you agree otherwise.

Complaints

We aim to provide the best possible service to you at all times. If you have any comments or complaints, please contact us by email at manager@vivingrocery.com

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these conditions.

Severance

If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.

Jurisdiction

These terms and conditions are governed by Thailand law and the parties submit to the exclusive jurisdiction of the Thailand courts in relation to any dispute that may arise between them.