TERMS OF SERVICE
1.INTRODUCTION
1.1 Welcome to the Groovin platform (the “Site”). Please read the following Terms of Service carefully before using this Site or opening a Groovin account (“Account”) so that you are aware of your legal rights and obligations with respect to Nice Day Co., Ltd. The “Services” we provide or make available include (a) the Site, (b) the services provided by the Site and by Groovin client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services (“Content”). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Groovin.1.2 Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.
1.3 Groovin reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. Services in its sole discretion and without notice or liability.
1.4 Groovin reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.
BY USING GROOVIN SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
2. PRIVACY
2.1 Your privacy is very important to us at Groovin. To better protect your rights, we have provided the groovin.online Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Groovin collects and uses the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you:(i) consent to Shopee’s collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;
(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Shopee; and
(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Groovin’s prior written consent.
2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information has been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
3. ACCOUNTS AND SECURITY
3.1 Some functions of our Services require registration for an Account by selecting a unique user identification (“User ID”) and password, and by providing certain personal information. If you select a User ID that Groovin, in its sole discretion, finds offensive or inappropriate, Groovin has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. Groovin has not reviewed and assumes no responsibility for any third-party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites, or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.3.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify Groovin of any unauthorized use of your account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Groovin will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.
3.3 You agree that Groovin may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that Shopee deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behavior (d) having multiple user accounts, (e) buying products on the Site for the purpose of commercial resale, (f) abnormal or excessive purchasing of products from the same Seller or related group of Sellers, (g) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value, and/or abnormal or excessive use of vouchers on the Site), or (h) behavior that is harmful to other Users, third parties, or the business interests of Groovin. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Groovin may terminate your Account immediately with or without notice.
3.4 Users may terminate their Account if they notify Groovin in writing (including via email at info@niceday.co.th) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Groovin after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Groovin shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Groovin.
3.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time. parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Shopee, its Users and/or the public.
4. VIOLATION OF OUR TERMS OF SERVICE
4.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:⦁Listing deletion
⦁ Limits placed on Account privileges
⦁ Account suspension and subsequent termination
⦁ Criminal charges
⦁ Civil actions, including without limitation a claim for damages and/or interim or injunctive relief
4.2 If you believe a User on our Site is violating these Terms of Service, please contact info@niceday.co.th
5. PURCHASE AND PAYMENT
5.1 Groovin supports one of the following payment methods in each country it operates in:
Credit Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
5.2 Groovin takes no responsibility and assumes no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether the Buyer is duly authorized to use certain payment methods, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.
6. HOW TO BUY
6.1 To purchase your order, please select the product’s option as color/size and press the button “Add to cart”. If you want to continue viewing more products and go through all items before purchasing, please click “Continue Shopping”
6.2 You can revise the product quantity and apply coupons to your cart page. When done editing, you can press “Proceed to checkout” for purchase or click “Back to shop” to continue shopping.
6.3 Fill in your address location and personal details then choose your payment method.
**** For credit/debit card purchase, please fill in your personal information ****
Then press “Place Order”
7. DELIVERY AND SHIPPING
We can operate your purchase and provide delivery within Thailand ONLY.
Express Delivery can be performed on the 3 days after purchase by Thai Post / Kerry Express: The delivery will take 3-4 working days starting from the delivery date.
***** NOTICE: Purchase Order will be delivered within working days (MON-FRI except national holidays.)
8. ORDER CANCELLATION
All customers can terminate purchase orders before performing any transaction. The company reserves the right in terminating the paid purchase order.
*** NOTICE: In order to cancel a purchase order, the unpaid purchase order can be terminated within 7 working days
9. REFUNDS AND RETURN POLICY
9.1 Application for Returns/Refunds
Subject to the terms and conditions in this Refunds and Return Policy and the Terms of Service, Buyer may apply for return of the purchased items (“Item”) and/or refund prior to the expiry of 3 days after received the product
9.2 Application for the Return of an Item
Buyer may only apply for the refund and/or return of the Item in the following circumstances:
• The Item has not been received by Buyer;
• The Item was defective and/or damaged on delivery;
• Seller has delivered an Item that does not match the agreed specification (e.g. wrong size, color, etc.) to Buyer;
• The Item delivered to Buyer is materially different from the description provided by Seller in the listing of the Item; or
The buyer’s application must be submitted via our support e-mail at info@niceday.co.th.
We will review each Buyer’s application on a case-by-case basis and, in its sole discretion, determine whether Buyer’s application is successful.
9.3 Condition of Returning Item
To enjoy a hassle-free experience when returning the item, the Buyer should ensure that the Item, including any complimentary items such as accessories that come with the Item, must be returned to us in the condition received by the Buyer on delivery. We will recommend Buyer take a photo of the Item upon receipt.
9.4 Liability of Product Return Shipping Fee
i) In the scenario of an unforeseen error from Groovin’s end (i.e – damaged, faulty or wrong product delivered to the buyer), we will bear the buyer’s return shipping fee.
ii) In the scenario of the buyer’s change of mind, the buyer shall not consent to the return and/or refund product.
iii) In the scenario where both seller-buyer disputing the party liable for the return shipping fee, the buyer will be the party liable for the return shipping fee.
9.5 Refunds
We reserve the right in any circumstances to refund when the order has been paid.
10. GENERAL PROVISIONS
10.1 Groovin reserves all rights not expressly granted herein.
10.2 Groovin may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
10.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
10.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Groovin, nor does it authorize you to incur any costs or liabilities on Shopee’s behalf.
10.5 The failure of Groovin at any time or time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
10.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Groovin’s affiliates and subsidiaries (and each of Shopee’s and its affiliates’ and subsidiaries’ respective successors and assigns).
10.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
10.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and the Thailand Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
10.9 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts us at info@niceday.co.th
Distributor
-Nice Day Co., Ltd.
Director
-Masashi Sakai
Business Content
– Apparel Manufacturing Export
Address
– Newland Bldg. 2nd Floor,25/2 Soi Sukhumvit 33 Sukhumvit Rd. Klongton-Nua, Wattana Bangkok 10110 Thailand
Tel
– (66) 2 204 2166
How to order
– Online Shopping Cart / E-mail / Phone / Fax
Delivery Fee
– Depends on the delivery destination. We shipping via EMS/Kerry Express for a domestic customer.
Delivery Time
– Shipping within 2-3 days after payment confirmation.