Terms of service

§ 1 Scope of Application

(1) The following Terms and Conditions apply exclusively to all contracts between you ("Customer") and us, Siam Garden Tech Co., Ltd. 49/2 Moo 1, B1 , Soi Na Jomtien 4, Na Jomtien, Sattahip, Chon Buri, 20250 Thailand. We do not recognize any terms and conditions of the customer that conflict with or deviate from our Terms of Sale, unless we have expressly agreed to their validity in writing.

(2) Our sales staff are not authorized to make verbal agreements with you as a customer that deviate from the order form or these Terms and Conditions.

(3) You are considered a consumer (a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession) if the purpose of the ordered goods and services cannot be attributed to your commercial or independent professional activity.

§ 2 Conclusion of Contract

(1) The presentation of our products on our website does not constitute a binding offer. You may select items from our product range and place them in a virtual shopping cart using the “Add to Cart” button. You can view the contents of your cart at any time via the “Cart” link and remove items by clicking “Delete.” By clicking the “Buy” button, you submit a binding offer to purchase the goods currently in your cart. You will then receive an order confirmation by email for your information; this confirmation does not constitute acceptance of your offer but merely confirms receipt of your order.

(2) The contract between you and us is concluded only when we expressly accept your offer, which may occur through a separate confirmation email, a shipping notice, or by dispatching the ordered goods. The contract text is stored, and you can view your order at any time in your personal login area.

§ 3 Prices; Shipping Costs; Payment Terms

(1) All prices on our website include statutory VAT.

(2) Unless expressly agreed otherwise, our prices apply ex-warehouse at 2751 Matzendorf, including packaging. Pickup is possible only by prior arrangement. For online orders, we deliver to Austria, Germany, Switzerland, France, Belgium, Bulgaria, Denmark, Estonia, Finland, Greece, Ireland, Italy, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Montenegro, the Netherlands, Norway, Poland, Portugal, Romania, the Russian Federation, San Marino, Sweden, Serbia, Singapore, Slovakia, Slovenia, Spain, the Czech Republic, Ukraine, Hungary, Vatican City, the United Kingdom, and Cyprus (availability may vary by shop; the delivery options shown in the checkout process apply).

(3) Shipping costs are indicated for each product. If you request delivery, the applicable shipping costs will be specified in the order form, itemized separately on the invoice, and must be borne by you. Should you request a different shipping method, you will be responsible for any additional costs incurred.

(4) The purchase price becomes due immediately upon conclusion of the contract. Payment can be made by advance payment, invoice, direct debit, instant transfer/Giropay, credit card, PayPal, Paydirekt, or installment payment (only available in some shops). In the case of direct debit, your account will be charged on the day of the order; the same applies to credit card payments. We use SSL encryption to securely transmit your personal data. The payment method “cash on delivery” is not available for all products.

(5) If you have chosen “cash on delivery” (available only in certain shops) and withdraw from the contract in whole or in part, we will refund the amount owed to you by bank transfer to an account specified by you.

(6) Items in our shop can be paid for by direct debit, credit card (Mastercard or VISA), advance payment, PayPal, instant transfer, or invoice. Discounts (skonto) are not granted unless expressly stated as part of a special promotion.

§ 4 Availability; Delivery

(1) If a product you ordered is not available at the time of order, we will inform you accordingly. If the product is permanently unavailable, we reserve the right not to accept your order. In this case, no contract will be concluded.

(2) If a product you ordered is temporarily unavailable, we will also inform you. In the event of a delay in delivery of more than two weeks, we will notify you promptly. You then have the right to withdraw from the contract, and any payments made will be refunded immediately.

(3) For advance payment orders, we will dispatch the goods immediately upon receipt of payment, unless otherwise agreed or explicitly stated on the product page. We reserve the right to make partial deliveries where reasonable and necessary for prompt processing.

§ 5 Retention of Title

We retain ownership of all goods delivered by us until full payment of the purchase price has been received.

§ 6 Liability

Statutory warranty rights apply to all goods unless otherwise stated below:

(1) We shall be liable – regardless of the legal grounds – for damages or reimbursement of expenses in accordance with the following provisions:

(a) In cases of intent or gross negligence, we are liable without limitation. In cases of simple negligence, we are only liable for damages arising from the breach of an essential contractual obligation (i.e. an obligation whose fulfillment enables proper execution of the contract and upon which you regularly rely); in such cases, our liability is limited to foreseeable, typical damages.

(b) The exclusions and limitations of liability under (a) do not apply if we have fraudulently concealed a defect or assumed a guarantee for the condition of the item, for damages resulting from injury to life, body, or health, or in cases of liability under the Product Liability Act.

(2) Where our liability is excluded or limited, this also applies to the personal liability of our legal representatives and agents.

§ 7 Right of Withdrawal

(1) Consumers generally have a statutory right of withdrawal when ordering online. The specific terms and exceptions are outlined in our Withdrawal Policy.

(2) Detailed information on deadlines, conditions, and the withdrawal process can also be found in our Withdrawal Policy.

§ 8 Alternative Dispute Resolution (Art. 14(1) ODR Regulation and §36 VSBG)

The European Commission provides an Online Dispute Resolution (ODR) platform, accessible at http://ec.europa.eu/consumers/odr/. Consumers have the option to use this platform for resolving disputes.
We are generally willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.

§ 9 Final Provisions

(1) The laws of the Republic of Austria apply exclusively. The United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980 does not apply. Mandatory consumer protection laws of the country in which you habitually reside remain unaffected.

(2) Should any individual provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.