EnerGaia Co. Ltd (‘EnerGaia’, ‘we’, ‘us’, ‘our’) is a limited liability company incorporated and existing under the laws of Thailand. The place of business at 1701 Sukhumvit Road, Soi On Nut Suanluang, Bangkok, 10250. EnerGaia is the owner and operator of ‘springspirulina.com/th (Spring Spirulina) (the Website). Any reference to ‘you’, ‘your’, ‘yours’ means you the purchaser.
2. Order of Goods
1. In order for the supply of Goods from the Website, a contract will be created between you, and EnerGaia. In this contract you agree to provide the correct required information and warrant that the provided information is correct and complete during the time. You warrant that the credit or debit card that you provide is your payment.
2. The Goods delivered are intended for your use or the Goods are intended for your minor dependent(s) who’s use of the product you have approved.
3. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
4. For the purpose of this agreement, Goods means any product which you order from the Website.
3. Price and Payment
1. In order for the supply of Goods from this website, you agree to provide us with the required information and warrant that the information provided is correct and complete. You also warrant that the credit or debit card details that you provided are your money and that you have sufficient funds for payment.
2. All prices are listed on the website, however, we reserve the right to modify the prices or products for sale on the website and to change or stop selling Goods at any time we deem appropriate.
3. If in any case there has been an error on the website, we reserve the right to edit the website.
4. All prices for delivery are correct at the time of publication, however we reserve the right to alter these in the future. The total price for the Goods, delivery and any other expenses, will be displayed on the website when you place an order during the payment process.
4. Delivery process
1. Delivery periods and prices can be found in the FAQ’s section on the website.
2. Products will be delivered to the address specified when ordering.
3. EnerGaia will engage a third-party provider for the delivery service of the Goods. We will take care to ensure that the delivery remains within the timeframe and goes to the address indicated on the order.
4. We will not be responsible for any losses incurred to You from delayed deliveries.
5. If You do not receive the delivery of the appropriate Goods delivered to you at the time of delivery, and/or the Goods are not delivered due to errors of information provided by you at the time of purchase, then such goods are considered to have been delivered to you. The risks and responsibilities in relation to such Goods will be passed on to you, and any storage, insurance and other expenses, or the cost that we have to pay as a result of our inability to deliver the product to you, will be your responsibility and you would have to pay the full amount of damages for our expenses incurred.
6. You must ensure there is adequate access arranged for delivery including necessary and safe access to delivery location. We cannot be held responsible for any damages or costs incurred to the Goods due to failure to provide adequate access or location of delivery.
5. Rejection and Cancellation of order.
1. We may cancel an order if the Goods are not available for any reason. We will notify you via phone number or email address provided. The refund process will take approximately 5-7 business days and can show up within 1-2 billing cycling depending on your bank processing time.
2. Once the order has been created and paid for, you will not be able to cancel the order if you change your mind.
6. Refund policy
1.In the event you receive Good(s) of unacceptable quality, you cannot return the Good(s), but we will give a 100% refund in the form of a discount code for future purchases, which shall be processed within 2 – 3 business days. Goods will only be deemed unacceptable if there is an issue with the food quality that renders the food unsafe for consumption or is of such poor quality that the food is no longer edible. You may be required to prove such quality by providing photo evidence and it is at EnerGaia’s discretion to determine whether the Good(s) are unacceptable or not. EnerGaia will not be responsible for Goods which have been damaged in transit or were not collected from delivery in a safe and timely manner, it is your responsibility to prove this was not the case.
1. EnerGaia takes complaints very seriously and we aim to respond to your complaints as soon as possible. If you have any complaints, please email us.
8. Limitation of Liability
1. EnerGaia strives to provide the most accurate information and content on the website without any errors. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
2. By accepting these Terms you agree to relieve us from any liability whatsoever arising from Your use of the information.
3. We disclaim any and all liability to the extent that permissible under applicable law.
4. We reserve the right to accept any mistake in preparing the delivery, which will not affect the legal rights of consumers. If we have done anything that causes loss or damages to you, We will only be responsible for the expenses you have paid for.
5. We shall not be held liable if we are unable to fulfil our obligations to you if affected by force majeure events such as, war, riot, fire, flood, hurricane, typhoon, earthquake, lightening, explosion, energy shortages and any governmental action which prohibits or hinders us from fulfilling the terms of the contract.
6. You agree to indemnify, defend and hold harmless EnerGaia and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
9. General agreements
1. All prices are in Thai Baht (THB)
2. We may alter the Terms at any time without notice.
3. You cannot record or use personal information that can identify individual identities from the website for any commercial solicitations purposes or solicit for any reason whatsoever.
4. These Terms are considered to be a mutual agreement between the customer and EnerGaia. There will be no additional and implied terms other than this in the event of a conflict between the terms and conditions themselves or with other parts on the website.
5. If these Terms are agreed not accurate or unenforceable, all stakeholders are deemed to agree to sever only those parts and the remaining will stand to effect as before.
6. These Terms shall be governed by the laws of Thailand.
7. Any delays or errors caused by us will not be effective in limiting the rights or correcting any damages under the agreement.
8. These Terms shall have world-wide jurisdiction.
9. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the goods on the website through which the service is provided.
1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our site.
11. Governing Law
1. These Terms shall be governed by and construed in accordance with the laws of Thailand.