GENERAL TERMS AND CONDITIONS FOR ONLINE SALE
1 | Designation of FAR
The Thai company, FAR (Thailand) Co., Ltd (“FAR”),
-
Registered address at 4, 4/1-4/2, 4/4 Central World Plaza, 1st Floor, Unit No. F110-116, Rajdamri Road, Pathumwan Bangkok 10330 Thailand
-
Companies register: Thailand Companies Registration Office
-
Company registration number: XXX
-
Authorized representative: Mr. Philippe LASSAUX
-
VAT registration number: VAT NO. 0105554157458
The customer service can be reached:
-
By phone, every day, from 9am to 6pm (Bangkok time), on 02 003 6013
-
By email, at the following email address: dark@far.co.th
-
By postal mail at the following address: FAR (Thailand) Co., Ltd, 4, 4/1-4/2, 4/4 Central World Plaza, 1st Floor, Unit No. F110-116, Rajdamri Road, Pathumwan Bangkok 10330 Thailand
Director of publication: Mr. Philippe LASSAUX, CEO.
Phone: + 66 2 620 6888
Fax: + 66 2 620 6899
The website is operated by FAR.
The website is hosted by WIX.
FAR markets via its Internet website www.darkoffee.com (hereinafter referred to as the “Website”) product collections marketed under the brand name “D'ARK” and "KINTO" (hereinafter referred to as “Products” or “Product”).
2 | Scope of application of the present General Terms of Conditions
2.1 - The Present General Terms and Conditions (hereinafter referred to as “GTC”) apply to orders placed on the Website by an 18-year-old or above individual consumer, for strictly personal and private use (hereinafter referred to as the “Client”) for a delivery of the Products in Thailand (the “Territory”).
By placing an order on the Website, the Client agrees to the GTC. The GTC can be printed and / or downloaded from the Website, and are available in English.
2.2 - FAR reserves the right to modify the GTC at any time, in which case the applicable version of said GTC shall be the one agreed upon by the Client when placing his/her order on the Website. Clients who should not agree to the applicable GTC at the day of their order have an option on the Website to express such disagreement and therefore interrupt the purchase before said order is confirmed.
3 | Personal Data and Designation of the Client
3.1 - To access the online sale service on the Website, the Client has the possibility, but not the obligation, to open an online account. The Client will receive an email confirming the creation of the Account. The Client may at any time opt-out and unsubscribe from general and promotional emails. However, the Client will continue to receive emails regarding his/her order(s). By placing an order and/or opening an account, the Client declares being a natural person ordering Products for non-commercial purposes, having the legal capacity to enter into contract and acting on their own behalf. The account of the Client (darkoffee.com/customer/account) allows placing orders on the Website, consulting the state of the processing of her/his order and of the delivery of the Products, consulting the list of past online purchases, and having access to the Client’s personal data stored on the Website. The Client can modify said personal data when logged in on his/her account. Guest(s) (Client without account) cannot access to state of the processing of her/his order and of the delivery of the Products, consulting the list of past online purchases.
3.2 - To open an online account on the Website and/or to consult the state of the processing of his/her order and to receive potential commercial offers from HTHAI, the Client fills in the fields in the registration form proposed by HTHAI H&M online with the following data (non-limited):
- Title (Mrs./Mr.), - Last name and first name,
- Date of birth,
- Phone number,
- Contact address,
- Email address,
- Password,
- Delivery and Billing addresses.
By making his/her email address available on the Website, the Client agrees to receive at his/her email address information relating to his/her orders placed on the Website, and the processing of said orders.
3.3 - If the Client opens an online account, he/she will choose a security password that shall be strictly confidential.
An email confirming the opening of an online account shall be sent to the Client at the email address provided when filling the online form.
To access his/her online account either via www.h&m.com/th or via the Apps, the Client must use his/her email address as a user name and his/her password.
The Client who loses his/her password can reset it by clicking on the Forgot your password. The Client will receive a reset password (Reset password email) to his/her email address and a second email when customer has reset successfully the password (Reset password success email)
3.4 – Personal data: if applicable and required, the file stored by HTHAI for the processing of the personal data provided by the Clients has been lawfully registered before the competent state bodies.
HTHAI undertakes to keep the personal data collected confidential and to use it in accordance with the (personal) data protection regulations.
Please refer to the PRIVACY NOTICE
Said personal data shall be used for:
-
Processing the online orders and all contractual obligations,
-
After-sale services,
-
and customer relationship management such as informing the Client of any promotional operation, if the Client agreed beforehand to receive such requests.
They shall be kept in a form enabling the persons concerned to be identified for a period which does not exceed the time necessary for the purposes for which they are collected and processed
HTHAI will communicate the personal data to its partners in charge of the processing of the orders placed online, of the delivery of the Products and of the after-sale service.
By filling the H&M’s online form, when placing the order and / or opening an online account, the Client can choose to receive commercial offers from H&M companies of the same group and / or commercial partners.
In accordance with the Personal data protection regulations, the Client can exercise at any time his/her right of access to the data, and his/her rights of opposition, correction, suppression of his/her personal data by connecting on her/his H&M account on th.hm.com/newsletter/manage. He/she may also object for just cause to such use or data processing.
The Client may contact by writing HTHAI, mentioning his/her email address provided as a user name using the addresses mentioned in the PRIVACY NOTICE
Be aware that if HTHAI or its assets would be sold, Client’s information would be part of the transfer of assets.
4 | Terms for placing an order
4.1 - All the Products offered for sale on the Website are presented on a file including a photography and information such as dimensions and all tax included price of the Product. Products are offered for sale as long as they are available on line and within the limits of available stock. Pictures are the most accurate as possible but HTHAI won’t be able to warrant a perfect similarity with the Product(s) selected for purchase (like colours).
By clicking on the link “Add” to shopping bag, the Client places the Product in his/her “Shopping bag” in the quantity chosen.
After having placed one or several Products in his/her “Shopping bag”, the Client can continue choosing Products on the Website or check his/her “Shopping bag” to place his/her order. At any time, the Client can modify, validate or delete the Shopping bag’s content. As long as the order is not paid and confirmed by email (Order acknowledgment and Order Confirmation), the Product(s) placed in the Shopping Bag shall not considered as reserved or in stock until the checkout is completed whatever the duration (max. 30 days) and history of the placing in the Shopping Bag. An email shall be sent to the Client informing her/him that Product(s) still remains in the Shopping bag (option available in 2010)
4.2 - The Products selected by the Client are listed in her/his “Shopping bag” with the following information available:
- A picture of each Product selected by the Client,
- The title of the Product and key information on the Product (size and / or colour),
- The unit price, all tax included, for each Product selected by the Client,
- The number of Product(s) chosen for each Product,
- A subtotal price per Product,
- A total price all tax included, excluding packaging and delivery costs.
The Client is asked to check the list of Products to modify or accept it by clicking on the link “Checkout”.
4.3 - After having accepted the content of his/her “Shopping bag”, the Client is asked to place the order:
- Either without opening an online account (Checkout as a guest),
- Either by signing in: opening an online account on his/her first online order,
- Either by logging in: typing his/her email address as a user name and his/her password if he/she has opened an account before.
After filling in the delivery and billing address(es), the Client is asked to read the GTC displayed in a separate window of his/her Internet browser, and accept said GTC by checking the box “I agree with the General Terms and Conditions for online sale”.
The Client cannot get access to the next step, which is the payment step, if this box is not checked.
Before paying, details of the order are one last time submitted to the Client. Details of the order mention the total price all tax included (including packaging and delivery costs) and the delivery and billing addresses,
4.4 - The Client who accepts his/her order as described shall pay with his/her credit card; Visa, MasterCard, JCB, Amex, CUP (China Union Pay), Local and International Debit Cards, QR Prompt Pay, Line Pay and Samsung Pay;
4.5 - Only after payment confirmation by the Bank, shall the order be considered as placed and effective. The Client will receive an email acknowledging her/his order.
Before sending the Confirmation Order by email (only), HTHAI shall retain the right to refuse the order for just cause including when the selected article is out-of-stock, no longer available for sale or if HTHAI is in dispute with the Client regarding payment of an order placed previously.
HTHAI confirms each order by email to the Client with the following information:
- Order reference,
- Date of the order,
- Delivery and Billing addresses,
- The Product(s) ordered,
- Total price all taxes included, including packaging and delivery costs, paid by the Client.
Failure to receive the Confirmation Order email, the Client may contact the customer services via email info@hthai.co.th for HTHAI to check on this as soon as possible or reach out to HTHAI Customers Service on [phone number]
The tracking option starts from 24-48hrs after an order is placed by the Client using the Order Tracking Number stated in the Order Delivery Confirmation / Shipment Confirmation email.
4.6 - HTHAI shall keep the written proof of the sales contract entered into with the Client for a period of time of 10 years starting on the delivery of the Products
Within one month following the delivery of an order, the Client may ask for a tax invoice related to the sale order. The Client will receive the Tax Invoice by separate email within 10 working days after the request is placed. Client can ask for a tax invoice to the customers’ relations service at the address mentioned at Article 1 of the GTC. However, HTHAI strongly recommends to the Client to keep copies of its order and more generally information related to the purchase.
4.7 - Title to the Products shall remain vested in HTHAI and shall not pass to the Client until complete payment of the price. The shipping of the Products ordered shall not intervene before the complete and effective payment of the price.
4.8 - HTHAI verifies each order placed on the Website. Such control aims at protecting HTHAI from abusive practices set up by fraudsters. HTHAI services may ask the Client for any necessary documents to carry on the order: address proof at the Client’s name or at the name of the person indicated for the delivery, etc. Such request shall be made by email.
5 | Price
5.1 - The price of each Product is mentioned on its designated file on the Website, in appropriate currency (Thai Baht) and all taxes included, excluding packaging and delivery costs if any. HTHAI services and pricing remain the same as in the HTHAI stores in the Territory (“Store(s)”).
Should the Client wish to enjoy any alteration service on the H&M Products, (s)he will book an appointment on line or by phone in the selected HTHAI’s Stores where such service is available.
Packaging and delivery costs are indicated to the Client on the web page listing the Products and submitted to his/her approval before the order is completed. The amount of those costs depends upon the physical characteristics of the Products ordered and of the country of delivery chosen by the Client.
5.2 - HTHAI reserves the right to modify the price of the Products at any time. The price accepted by the Client when validating his/her order is firm and definitive.
5-3 The Clients will benefit from the same price(s) and same reduction(s) in both physical Stores and the Website, However, HTHAI may sell online only exclusive Product(s) that will not be sold in Store in the Territory.
6 | Payment
6.1 - The Client pays in Thai Baht with a credit card by transmitting:
- For Visa® and MasterCard® credit cards: The 16-digit number of his/her credit card, its expiry date and the security number indicated on the back of the card,
- For American Express® credit cards: The 15-digit number of his/her credit card, its expiry date and the security number indicated on the front of the card.
Following payment cards are accepted:
- Visa®,
- MasterCard®,
- American Express®,
- JCB,
- CUP (China Union Pay),
- Local and International Debit Cards,
-QR Prompt Pay,
Line Pay and Samsung Pay.
HTHAI does not offer Cash On Delivery at the moment.
The Client certifies that (s)he is not prohibited from using a payment card for payment of his/her order and that this mean of payment grants HTHAI access to the sum necessary for the entire payment of the order(s).
6.2 - Transactions made on the Website are secured by 2C2P payment system. Any data provided for processing the payment is encrypted thanks to the SSL (Secure Socket Layer) encryption process. Data can neither be detected, nor intercepted nor used by third parties. Payment information shall be kept only by the bank that proceeded to the transaction. Moreover, any purchase made on the Website respects the 3D Secure norm. 3D Secure is a program created by the international issuers Visa (Verified by Visa), MasterCard (MasterCard Secure Code) and American Express (American Express SafeKey) in order to reinforce security of online payments. The program relies on the setting up of an additional control with the online purchase: besides banking data, the Client is asked to provide for a personal data allowing his bank to identify him and to validate the transaction.
If the transaction could not be executed and the Client payment account could not be debited, the sale would be immediately resolved and the order of the said Products would be canceled.
HTHAI suggests to Clients to keep the receipt from the bank after completion of the transaction and more generally the information related to the purchase.
7 | Delivery – Click & Collect
Client may choose between delivery at a selected place like home, her/his work-place etc. or in selected HTHAI stores (www.th.hm/customer-service/shippinganddelivery). Once the order confirmed, the choice is definitive. Client who wishes to change the place of delivery shall have to organize the new delivery at her/his costs. However, if Client would require that HTHAI arranges the said new transportation for her/him, HTHAI would ask the Client to proceed to the payment of this new transportation prior to its execution.
7.1 - The Products bought on the Website may be shipped to the chosen delivery address given by the Client. In order to do so, the Client fills in the fields of the H&M online form proposed with the following data:
- Title,
- Last name and first name,
- Phone number,
- Company,
- Delivery address,
- City,
- Postal code,
- Country.
If any, the Client shall be informed of any other delivery fees charged for his/her parcel before confirming and proceeding to the payment of his/her order.
7.2 - The Client shall be advised of the shipping of the Products ordered by email (Shipment Confirmation).
Should the Client be absent at the time of delivery and the courier from the shipping company is not able to contact the Client, then the Parcel(s) will be returned to HTHAI warehouse, and the Client will be notified by email. The Client will receive a return confirmation when the parcel reaches the warehouse and the refund will be processed.
7.3 - The delivery is deemed effective when the Products ordered are delivered to the Client by the shipping company and the Client has signed the delivery receipt. The delivery is also deemed effective when the delivery receipt is signed by a relative of the Client (namely but not only his/her husband /wife/partner, children, parents) or by a caretaker, a neighbor of the Client. Failure to remit the parcel to the Client, without instruction, uncollected parcels will be returned to our warehouse, and the Client will be notified by email. The Client will also receive a return confirmation when the parcel reaches the warehouse and the refund will be processed.
The Client is responsible for verifying the Products delivered and expressing all proper reserves that could be necessary and / or to refuse the delivery if it appears to have been opened or if it bears signs of damage.
Said reserves must be written on the delivery receipt and transmitted to the customer service of HTHAI with no delay, providing the user name of the Client and the order reference. The provisions above apply without prejudice to the application of the provisions of Article 10 hereafter relating to the right of withdrawal of the Client.
7.4 - Despite the constant efforts of HTHAI to give complete customer satisfaction, HTHAI remains exposed to risks due to the delivery of parcels
The delivery time is up to 30 days from the date of order confirmation by the Client. The Client may track her/his parcel as indicated in the email received confirming the order and the delivery.
If a non-compliance with the delivery deadline is noticeable, not attributable to a case of force majeure or a default of payment, Client shall be entitled:
- To cancel the order by registered letter with acknowledgment of receipt to send to the HTHAI Customer Service at the address stated in article 1 of the present document, mentioning the references of his/her order. In this case, HTHAI will refund the Client the amount, all taxes included, of his/her order within 30 days of receiving the request for cancellation of the order. A notification of the refund will be sent via email to the Client.
- Alternatively, if the Client does not wish to cancel his/her order, he/she should inform the customer service about this delay by e-mail, telephone or postal mail, mentioning the references of his/her order. HTHAI will then make the necessary investigation to determine the cause of the delay, and if necessary organize the resending of the Product. In the event of receiving a duplicate of the Product following its resending by HTHAI, the Client agrees to refuse the package from the shipping company or return it at his/her expense.
In either case, HTHAI reserves the right to ask the Client to sign an affidavit of not having received his/her order.
7-5 Click & Collect
Pick-up in store of orders purchased online on www.th.hm.com (Click & Collect)is available in selected HTHAI stores in the Territory (www.th.hm/customer-service/shippinganddelivery).
The Client can buy online on the Website and collect free of charge her/his order in a designated Store in the Territory. There is no minimum/maximum purchase to enjoy the Click & Collect service.
During the Checkout, the Client will simply select the Pick-up in store option. The Client will receive confirmation by email (Ready for Collection notification). The parcel will then arrive to the selected Store within approximatively 1-3 days*, Monday-Saturday. *for information only, depending on the selected store.
The Client will have 30 days to collect within the regular Opening Hours (www.th.hm.com/storelocator) the parcel from the date it arrives in Store. The Client will receive one or more reminder email(s) from the Customers Service during such period.
HThai kindly reminds its Clients to bring their ID/passport and Original Delivery Note & Invoice either printed or – and HThai warmly recommends so– on their smartphone device’s screen. The Client must be aware that HThai will not be able to hand over the parcel without them.
If Client chooses to nominate someone else to pick up the parcel on her/his behalf, the latter must bring the Client’s ID copy, the Original Delivery Note and the Pick-up code as well as her/his own ID. HTHAI may reserve the opportunity to call the Client during the collection of the parcel.
After 30 days, any uncollected parcels will be returned to HTHAI warehouse, and the Client will be notified by email. The Client will also receive a return confirmation when the parcel reaches the warehouse and the refund will be processed.
During high season and Sale, delivery might take a little longer.
8 | Availability of the Products
8.1 - The availability of each Product is checked and confirmed on the list of selected Products submitted to the Client online for approval before placing his/her order.
Despite the care taken by HTHAI to the managing of the Products stocks and the information displayed on the Website, a Product may be unavailable after confirmation of the order by the Client and confirmation by HTHAI, due to the fact that several orders can be placed simultaneously, a mistake can occur in the processing or a Product in store can appear to have sustained damage.
In that case, HTHAI shall send an email to the Client confirming the Order for the available item(s) and the order cancellation for the missing Product(s). The Client will get the refund within the regular deadlines provided herein.
9 | Conformity of the Products
9.1 - HTHAI makes its best efforts to ensure that the photography of the Products on each file be as close as possible to the perception of a Client who would see the Products on display at the shop. However, the technical constraints of online displaying and photographing in a digital format can make the perception of a Client to be different from that of a Client seeing the Product at the shop.
9.2 - Following the delivery, if the Client considers that the Product is not conform to its online representation, the Client can ask HTHAI within 30 days upon delivery:
- Either to receive another identical Product if it is available,
- Either to receive a refund of the price of the Product within 30 days after his/her claim.
The terms and conditions for the return of the Products to HTHAI are provided for at Article 10.2 and Article 10.3 of the GTC.
9.3 - The provisions of the present Article apply without prejudice to the provisions of Article 10 of GTC relating to the right of withdrawal of the Client.
10 | Right of withdrawal- Returns/Exchanges and Refund
10.1 – After a successful checkout, as soon as the order is confirmed and after, the Client has a right of withdrawal allowing him/her to cancel his/her order and to return the Products within 14 days starting on the day of delivery upon presentation of the Original Delivery Note & Invoice and provided that:
-
The Product(s) is/are in resalable condition (HThai has the right to determine the final decision of returns and exchanges).
-
The Products have been purchased on the Website
-
The Product(s) returned have price tag / product label intact.
-
The Product(s) is/are not be used, soiled or washed.
-
The Product(s) is/are in its/their Original packaging to be intact.
However, the Products on promotion or (special) offer or on Sale cannot be returned / refunded as well as Underwear(s), Swimwear(s), socks/tights, jewellery, all Designer & Special Collections, altered Products and Vouchers.
Client who wishes to nominate someone else on her/his behalf to return of Products shall ensure that such person comes in Store with the Client’s ID copy, Original Delivery Note and the Pick-up code as well as the Return Slip correctly filled-in, a signed letter from the Client mentioning details of the delegated person, his/her ID. H&M HTHAI reserves the opportunity to refuse the return or/and to seek confirmation from the Client by phone during the Product return. For safety, the Client is required to inform the Customer Service by phone beforehand.
The Products purchased in Store must be returned to Store.
For any return of Product(s) purchased online on Website, the Client needs to fill the Return Slip provided with the parcel to return the ordered item(s) and get refund. If lost, the Client can contact HTHAI customers service on the phone or via email at info@hthai.co.th and request for another Return Slip form.
10.2 – Products purchased online on Website can be either Returned/exchanged by post or in selected Stores in the Territory (www.th.hm/returns).
When the return occurs in Store, the Client shall follow in-store team’s guidance.
For Return by post, the Client shall use the Return Form contained in all parcels. The Client will fill in the return form using the code that best explains the reason for the return, and place this, together with the product(s) to return in the parcel the said order arrived in.
The Confirmation of Return – in-Store or by post –shall be sent to the Client by email.
The return option whether partial or in full in Stores in Thailand is free whereas the Client shall bear the courier delivery cost for return (even partial). The Products shall be returned in the original packaging in a condition allowing their resale. If a Product is returned incomplete or after having sustained damage, HTHAI shall not accept the return and shall not be able to proceed to the refund.
10.3 – Refunds
As the refund is processed through the payment gateway, the price of the Products returned shall be refunded to the Client within a (1) month upon exercise of the right of withdrawal, if the Products have been correctly returned to HTHAI.
The refund shall be payable by Bank transfer/Credit Cards within the same means as used by the Client to pay the cancelled order. The Client will be informed of the Refund by email. HTHAI will not do cash refund.
10.4 - Such right of withdrawal does not apply to altered Product or bespoke Products that have been customized on demand of the Client, for instance with the engraving of a name.
11 | Guarantee
11.1 - The Client enjoys all guarantees provided for by consumer’s regulations in force when placing the order and delivery.
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He/she is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he/she assumed responsibility therefore or had it carried out under his/her responsibility.
To conform to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
- Correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- Have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his/her representative, including advertising and labelling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
A seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he/she had known of the defects.
The action resulting from important/major defects must be brought by the buyer within two (2) years from the discovery of the vice.
11.2 - The Client can send any claim regarding the guarantee to the customer service of HTHAI, at the postal address mentioned at Article 1 of the GTC, with a documentary and supporting evidence of his/her purchase.
The claim shall then be dealt with by HTHAI that shall confirm the implementation of the guarantee rules, or not.
If the guarantee is implemented, HTHAI shall propose to the Client, at his/her choice:
- Either the replacement of the Product if a replacement Product is available,
- Either a refund of the price.
12 | Intellectual Property
12.1 – All the content of the Website, be it visual, graphical or sound, or the mark(s) HTHAI and H & M Hennes & Mauritz AB and all other marks of H&M, whether or not composed of the words "H&M", as well as all intellectual property rights which may be attached to the products (Such as designs, images, texts and logos), whether registered or unregistered, (the "Intellectual Property Rights") are and will remain the exclusive property of H&M
The copy or use, in whole or in part, of said content without prior written consent of H&M and/or HTHAI constitutes a violation of the intellectual property rights owned by H&M and involves its perpetrator's civil and criminal liability.
The General Terms and Conditions do not imply any assignment of Intellectual Property Rights
12.2 - No link to the Website shall be set on another website without prior written authorization of H&M and/or HTHAI.
The Website may offer links to third party websites operated by other companies and implemented with the authorization of HTHAI. However, HTHAI is not able to verify the content of third party websites and, as a consequence, does not accept any responsibility. The access and the use of third party websites are at the sole responsibility of the user.
13 | Cookies
Information:
The Website uses cookies to facilitate subsequent browsing of the Website. The aim of the cookies is to provide Clients with the best customer experience as well as to improve the Website. The cookie is a small piece of data that does not allow the visitor to be identified but records information about his/her navigation on the Website. By visiting the Website with Client’s browser configured to allow cookies, Client allows such use. Such approval will be valid for a period that won’t exceed 13 months.
The Website user may deactivate the use of cookies by selecting the appropriate settings on its browser. These settings are typically found in the Tools or Options menus. In any case, you can refer to the Help menu of the Internet browser.
However, refusing to use cookies by blocking all cookies (including the necessary cookies) may make it impossible to access certain services of the Website.
For more information about Cookie, we use: PRIVACY NOTICE.
For more information about Cookie. http://www.allaboutcookies.org
Purpose of Cookies:
-
For operation of the Website
-
To distinguish customers
-
To collect statistical information about use of the Website by visitors and customers
-
To proceed to the orders and more generally to other related contractual obligations
Cookies used by HTHAI/H&M
First Party Cookie – H&M Thailand – [www.hm.com/th]
Name: ci_session (1 month duration)
Used to store the cart information and the profile of the connected user (if any).
Name: h&m_identity & h&m_remember_code (2-year-duration)
Used to authenticate connected user (within an active session) on h&m.com.
Third party Cookies
Name: Google Analytics
Used to monitor visitor traffic and behaviour on the university website. This enables us to estimate more accurately the numbers of visitors to particular pages and plan for volumes of usage.
The following cookie is set by Google Analytics:
Cookie Name Expiration Time Description
_ga 2 years Used to distinguish users.
_gat 10 minutes Used to throttle request rate.
In addition, Google Analytics now has the ability to tap into data collected via remarketing and the Google advertising network (as described below). No user will be personally identifiable, however this service will collect information about gender, age and areas of interest where appropriate.
Social networks:
These cookies are used when integrating Facebook and the sharing of content.
The following cookies are set by Facebook and their expiration time is up to 2 years:
c_user
datr
Lu
s
xs
How to manage a Cookie?
For security reason, you may want erase these traces. Nevertheless, it may be useful to keep the cookies of sites often visited to have a faster navigation. In the latter case, the choice of cookies to be destroyed must be made one by one.
The Cleaner software allows you to clean up any unnecessary temporary files that slow down the system unnecessarily and waste disk space.
To access the configuration of your navigation software, you must go to the help menu of your browser to know how to modify your wishes with regard to cookies.
For example, here are the links for frequently used navigation software:
14 | Rule of evidence
The Client expressly accepts and acknowledges that messages sent by e-mail, Log files hosted on the servers of HTHAI or its technical service providers, statistical data generated and communicated by HTHAI, accessible electronically shall have the same evidential value as hard copies, letters and documents sent by post, except where a registered letter with acknowledgement of receipt is expressly required.
15 | Liability and dispute
15.1 - HTHAI shall not be held liable for complete or partial breach of contract in case of force majeure, wrong of the Client, payment incident, or in case of unpredictable and insurmountable act of a third person.
HTHAI cannot be held liable for any potential damage that can occur when browsing the Internet such as, especially, a connection failure, the loss of data, access by a third party to the data on the computer of the Client, or risks of viruses or unwanted software installing.
15.2 - In case of breach of the contract by the Client under the provisions of the GTC, such as the transmission to HTHAI of false identification information, the use of invalid means of payment or illegal use of a third party’s means of payment, HTHAI reserves the right to delete the online account of the Client and to cancel any pending order without prejudice to any claim for damages.
HTHAI also reserves the right to refuse any order from a Client with whom such breaches of contract would have occurred.
15.3 - In case of dispute, the Client can send a claim to the customers’ relations service of HTHAI, at the postal address mentioned at Article 1 of the GTC, in order to find an amicable solution. If such an amicable solution cannot be reached and if despite HTHAI vigilance, the disagreement still subsist, the courts of Client’s location shall have jurisdiction and corresponding applicable law shall apply to any dispute arising out or relating to an online purchase on the Website, excluding the application of the provisions of the United Nations Convention on Contracts for the International Sale of Goods and of any disposition of international private law that would lead to submitting said dispute to another national or international law.
PRIVACY NOTICE
Data privacy is of high importance for H&M and we want to be open and transparent with our processing of your personal data.
We therefore have a policy setting out how your personal data will be processed and protected.
Who is the controller of your personal data?
The Thai company, HThai (Thailand) Co., Ltd (“H&M”), is the controller of the personal data you submit to us and responsible for your personal data under applicable data protection law.
HThai (Thailand) Co., Ltd
4, 4/1-4/2, 4/4 Central World Plaza, 1st Floor, Unit No. F110-116, Rajdamri Road, Pathumwan Bangkok 10330 Thailand
Companies register: Thailand Companies Registration Office
Company registration number: 0105554157458
Authorized representative: Mr. Philippe LASSAUX
VAT registration number: VAT NO. 0105554157458
The website is operated for Hthai (Thailand) Co. Ltd jointly by Hthai (Thailand) Co. Ltd and Gill Capital (S) Pte. Ltd. The website is hosted by Singapore Post.
Where do we store your data?
The data that we collect from you is stored within Thailand but may also be transferred to and processed in countries outside of Thailand, such as countries of the European Economic Area (“EEA”). Any such transfer of your personal data will be carried out in compliance with applicable laws. For transfers of your personal data, H&M will use Standard Contractual Clauses and Shields as safeguards for countries without adequacy decisions from the European Commission.
Who can access your data?
Your data may be shared within the H&M group and within the Gill Capital group (for details on the H&M group, please refer to H&M group annual report which may be found at about.hm.com; for details on the Gill Capital group, please refer to www.gillcapital.sg.com). We never pass on, sell or swap your data for marketing purposes to third parties outside the H&M group and outside the Gill Capital group. Data that is forwarded to third parties, is only used to provide you with our services. You will find categories of third parties under every specific process below.
What is the legal ground for processing?
For every specific process of personal data we collect from you, we will inform you whether the provision of personal data is statutory or required to enter a contract and whether it is an obligation to provide the personal data and possible consequences if you choose not to.
What are your rights
Right to access:
You have the right to request information about the personal data we hold on you at any time. You can contact us and we will provide you with your personal data via e-mail.
Right to portability:
Whenever we process your personal data, by automated means based on your consent or based on an agreement, you have the right to get a copy of your data transferred to you or to another party. This only includes the personal data you have submitted to us.
Right to rectification:
You have the right to request rectification of your personal data if the information is incorrect, including the right to have incomplete personal data completed. If you have an H&M account or Club membership you can edit your personal data under your account and membership pages.
Right to erasure:
You have the right to erase any personal data processed by us at any time except for the following situations:
-
You have an ongoing matter with Customer Service;
-
You have an open order which has not yet been shipped or partially shipped;
-
You have an unsettled debt with H&M or us, regardless of the payment method;
-
If you are suspected or have misused our services within the last four years;
-
Your debt has been sold to a third party within the last three years or one year for deceased customers;
-
Your credit application has been rejected within the last three months;
-
If you have made any purchase, we will keep your personal data in connection to your transaction for book-keeping purposes.
Your right to object to processing based on legitimate interest:
You have the right to object to processing of your personal data that is based on H&M's legitimate interest. H&M will not continue to process the personal data unless we can demonstrate legitimate grounds for the process which overrides your interest and rights or due to legal claims.
Your right to object to direct marketing:
You have the right to object to direct marketing, including profiling analysis made for direct marketing purposes. You can opt out from direct marketing by the following means:
-
Following the instruction in each marketing emails;
-
By editing the settings of your H&M account.
Right to restriction:
You have the right to request that we restrict the process of your personal data under the following circumstances:
-
If you object to a processing based H&M’s legitimate interest, we shall restrict all processing of such data pending the verification of the legitimate interest;
-
If you have claim that your personal data is incorrect, we must restrict all processing of such data pending the verification of the accuracy of the personal data;
-
If the processing is unlawful you can oppose the erasure of personal data and instead request the restriction of the use of your personal data instead;
-
If we no longer need the personal data but it is required by you to defend legal claims.
How can you exercise your rights?
We take data protection very seriously and therefore we have dedicated customer service personnel to handle your requests in relation to your rights stated above. You can always reach them at dataprotection@hthai.co.th.
Data Protection Officer:
We have appointed a Data Protection Officer to ensure that we continuously process your personal data in an open, accurate and legal manner. You can contact our Data Protection Officer at dataprotection@hthai.co.th and write DPO as subject matter.
Right to complain with a supervisory authority:
If you consider H&M to process your personal data in an incorrect way you can contact us. You also have the right to raise a complaint to a supervisory authority.
Updates to our Privacy Notice:
We may need to update our Privacy Notice. The latest version of the Privacy Notice is always available on our website. We will communicate any material changes to the Privacy Notice, for example the purpose of why we use your personal data, the identity of the Controller or your rights.
ONLINE PURCHASE
Why do we use your personal data?
We will use your personal data to manage your purchase online at H&M by processing your orders and returns via our online services and send you notifications of delivery status or in the event of any problems with the delivery of your items.
We will use your personal data to manage your payments.
We will also use your data in order to handle complaints and warranty matters for products.
Your personal data is being used to identify you and to validate your legal age for shopping online and to confirm your address with external partners.
We want to offer you different payment alternatives and will carry out analysis in order to find out what payment alternatives are available to you, including your payment history and credit checks.
What types of personal data do we process?
We will process following categories of personal data:
-
Contact information such as name, address, e-mail address and telephone number;
-
Payment information and payment history;
-
Credit information;
-
Order information.
If you have an H&M account or are an H&M Club member we will also process your personal data submitted in relation to the account or membership such as:
-
Account or membership ID;
-
Shopping history.
Who has access to your personal data?
Your personal data that is forwarded to third parties, is only used to provide you with the services mentioned above, companies to validate your address, communication agencies to send you order confirmation, warehouse and distribution suppliers in connection with the delivery of your order. Payment service providers for your payment. Credit reference agencies for identity and credit checks and debt collection agencies.
Please be aware that many of these recipient companies have an independent right or obligation to process your personal data.
What is the legal ground to process your personal data?
The processing of your personal data is necessary for Hus to fulfil the service of managing and delivering the order to you.
How long do we save your data?
We will keep your data as long as you are an active customer as well for documentary as may be required by Law and Regulation.
Automated decision making:
When you apply for credit as a method of payment we will perform an automated decision-making process regarding your credit application. You have the right to express your point of view and to contest the decision with a member of staff.
DIRECT MARKETING
Why do we use your personal data?
We will use your personal data to send you marketing offers, information surveys and invitations through e-mails, text messages, phone calls and postal mail.
In order to optimize your experience of H&M we will provide you with relevant information, recommended products, send you reminders of products left in your shopping bag and send you personalized offers. All these great services are based on your previous purchases, what you have clicked on and information you have submitted to us.
What types of personal data do we process?
We will process following categories of personal data:
-
Contact information such as e-mail address, telephone number and postal code
-
If you want updates for kids (if you choose to provide that to us)
-
Gender (if you choose to provide that to us)
-
What products and offers you have clicked on
If you have a H&M account or are a H&M Club member we will also process your personal data submitted in relation to the account and membership such as:
-
Name
-
Address
-
Age
-
Shopping history
-
How you navigated and clicked on the site
Who has access to your personal data?
Data that is forwarded to third parties is only used to provide you with the service mentioned above, to media agencies and technical suppliers for distribution of physical and digital direct marketing.
We never pass on, sell or swap your data for marketing purposes to third parties outside the H&M group or Gill Capital group.
What is the legal ground to process your personal data?
The processing of your personal data is based on your consent when you agree to direct marketing. Except for postal marketing, including catalogues, that will be sent to you based on our legitimate interest.
Your right to withdraw your consent:
You have the right to withdraw your consent for the processing of your personal data at any time and also object to direct marketing.
When you do so, we won’t be able to send you any further direct marketing offers or information based on your consent.
You can opt out from direct marketing by the following means:
-
Following the instruction in each marketing post
-
By editing the settings of your H&M account
How long do we save your data?
We will keep your data for direct marketing until you withdraw your consent. For e-mail marketing we will consider you an inactive customer if you haven't opened an e-mail within the last year. After this time period your personal data will be deleted.
H&M Account
Why do we use your personal data?
We will use your personal data to create and manage your personal account in order to give you a personalized and relevant experience at H&M.
We will provide you with your order history, details around your orders and enable you to handle your account settings (including marketing preferences). We will also provide you with easy ways to maintain accurate and updated information such as contact details and payment information.
Furthermore, we will enable you to save items in your shopping bag, offer you size recommendations and enable you to rate and review the products you've purchased from us. In order to provide you with relevant product recommendations we will process your navigation and browsing on our digital platforms (including website and app), your shopping history and product reviews as well as the data you submitted to us through your account.
What types of personal data do we collect?
We will always process your e-mail address and password that you submit to us when you sign up for H&M account.
We will process following categories of personal data if you choose to provide it to us:
-
Contact information such as name, address, telephone number
-
Date of birth
-
Gender
-
Country
-
Account settings
-
Encrypted payment card information
We will process the following categories of personal data if you make a purchase:
-
Order history
-
Delivery information
-
Payment history
We will also process the following categories of personal data connected to your cookies:
-
Click history
-
Navigation and browsing history
Who has access to your personal data?
Data that is forwarded to third parties, is only used to provide you with the services mentioned above, to optimize the website we use, website agencies and analysis tools for product rating.
What is the legal ground to process your personal data?
The processing of your personal data for your account is based on your consent when you create your H&M account.
The processing of your personal data provide you with relevant product information is based on our legitimate interest.
Your right to withdraw your consent:
You have the right to withdraw your consent from the processing of your personal data at any time. When you do so your account will cease to exist and we will not be able to provide you with the services mentioned above.
How long do we save your data?
We will keep your data for as long as you have an active H&M account.
You have the right to terminate your account at any time, if you choose to do so your account will cease to exist and you will be considered inactive. We will keep your personal data if there are any legal requirements and if there is an open dispute.
After your account has been terminated your data will be deleted.
Your right to object to processing of your data:
You have the right to object to processing of your personal data that is based on H&M's legitimate interest by contacting dataprotection@hthai.co.th. Your account will then be deleted and we will not be able to carry out our services to you.
H&M Club
Why do we use your personal data?
We will use your personal data to create and manage your Club membership and to give you a personalized and relevant experience of H&M Club.
We will register and manage your points based on your purchases, send you information regarding your points and rewards such as discounts and Club events.
We will also use your personal data for invitations for events and competitions and H&M Club member discounts and additional services.
We will provide you with your order history and details around your orders and enable you to handle your account settings (including marketing preferences). We will also provide you with easy ways to maintain accurate and updated information such as contact details and payment information. Furthermore, we will enable you to save items in your shopping bag and enable you to rate and review the products you've purchased from us.
In order to provide you with relevant product recommendations we will process your navigation and browsing on our digital platforms (including website and app), your shopping history and product reviews as well as the data you have submitted to us through your account.
If you have not opted-out for direct marketing we will use your personal data to send you marketing offers, information surveys and invitations through e-mails, text messages, phone calls and mail.
What types of personal data do we collect?
We will process the following categories of personal data that you submit to us when you sign up for H&M Club:
-
Identification data such as e-mail address and password
-
Contact information such as name, postal code,
-
E-mail address
-
Date of birth
-
Gender
-
Club membership ID
-
Telephone number (if you choose to provide it to us)
-
Address (if you choose to provide it to us)
-
Account settings
-
Encrypted payment card information
We will process the following categories of personal data if you make a purchase:
-
Order history
-
Delivery information
-
Payment history
We will also process the following categories of personal data connected to your cookies:
-
Click history
-
Navigation and browsing history
Who has access to your personal data?
Data that is forwarded to third parties, is only used to provide you with the services mentioned above and for event booking as we use event booking tools and to optimize the website, as we use website agencies. For product ratings we use analysis tools and moderating and publishing agencies. To distribute marketing, we use communication and marketing distribution suppliers.
What is the legal ground to process your personal data?
The processing of your personal data is necessary to fulfill the service of the H&M Club. Collecting your personal data when creating and managing you H&M Club membership is required to fulfill our commitments according to the membership agreement.
If you don't submit your personal data, we won't be able to provide you with the membership or the services of the H&M Club.
How long do we keep your data?
We will keep your data for as long as you have an active Club membership. You have the right to terminate your membership at any time. If you choose to do so your membership will cease to exist.
After the membership has been terminated your data will be deleted.
We will keep your personal data in there are any legal requirements and if there is an open dispute.
Your right to object to direct marketing:
You have the right to object to direct marketing, including profiling analysis made for direct marketing purposes. If you object to direct marketing, we will cease to process your personal data for that purpose and will cease to send out marketing material based on the (H&M) Club membership. If have signed up for newsletters you will still receive direct marketing based on your consent.
CUSTOMER SERVICE
Why do we use your personal data?
We will use your personal data to manage your queries, to handle complaints and warranty matters for products and technical support matters through e-mail, our chat function, telephone and through social media.
We may also contact you if there is a problem with your order.
What types of personal data do we process?
We will process any data you provide to us, including the following categories:
-
Contact information such as name, address, e-mail address and telephone number
-
Birth date
-
Payment information and payment history
-
Credit information
-
Order information
-
Account or member number
-
All correspondence in the matter
Who has access to your personal data?
Data that is forwarded to third parties, is only used to provide you with the services mentioned above.
What is the legal ground to process your personal data?
The processing of your personal data is based on H&M’s legitimate interest.
How long do we keep your data?
We will keep your data for 100 days for telephone and e-mails logs and correspondence and for 12 months for case management. For in store complaints your personal data will be saved for 2 years.
Your right to object to processing based on legitimate interest:
You have the right to object to the processing of your personal data that is based on legitimate interest. H&M will not continue to process the personal data unless we can demonstrate a legitimate ground for the process which overrides your interest and rights or due to legal claims.
COMPETITION
Why do we use your personal data?
We will process your data when you enter our competitions. Your personal data will be used for H&M to contact contestants regarding the competition, before and after an event, to identity contestants, verify the age of contestants, to contact winners, deliver and follow up on prize deliveries.
What types of personal data do we process?
We will process following categories of personal data:
-
Contact information such as name, address, e-mail address and telephone number
-
Age
-
Information submitted in the contest
Who has access to your personal data?
Data that is forwarded to third parties, is only used to provide you with the services mentioned above, to shipping suppliers for delivery of prizes.
What is the legal ground to process your personal data?
The processing of your personal data is based on your consent when you choose to enter a competition.
Your right to withdraw your consent:
You have the right to withdraw your consent for the processing of your personal data at any time. When you do so we will not be able to provide you with the services mentioned above.
How long do we save your data?
We will keep your personal data for 45 days after the competition has ended.
DEVELOPMENT AND IMPROVEMENT
Why do we use your personal data?
We will use data to evaluate, develop and improve our services, products and systems for all of our customers. For this purpose, we will not analyse your data on an individual level, all processing will be done on pseudonymised data.
This includes analysis to make our services more user-friendly, such as modifying the user interface to simplify the flow of information or to highlight features that are commonly used by our customers in our digital channels and to improve IT systems in order to increase the security for our visitors and customers in general.
The analysis is also used to develop and constantly improve the logistics flow of goods by forecasting purchases, stocks and deliveries as well as our resource capacity from a sustainability point of view by streamlining purchasing and scheduling of deliveries.
In addition, we use the data to be able to plan new establishments of stores and warehouses and improve our product range.
What types of personal data do we process?
We will process following categories of personal data if you have chosen to provide it to us:
-
Customer number
-
Date of birth
-
Gender
-
Country
-
Account settings
We will process the following categories of personal data if you have made a purchase:
-
Order history
-
Delivery information
-
Payment history
We will also process the following categories of personal data connected to cookies:
-
Click history
-
Navigation and browsing history
Who has access to your personal data?
Data that is forwarded to third parties, is only used to provide you with the services mentioned above. We use web-analysis companies to analyze our customer online behavior on a general level.
What is the legal ground to process your personal data?
The processing of your personal data, to develop and improve our services and products, is based on our legitimate interest.
How long do we save your data?
We will keep your data for as long as you have an active H&M account or Club membership.
After your account or membership has been terminated your data will be deleted.
Your right to object to the processing of your data:
You have the right to object to the processing of your personal data that is based on H&M's legitimate interest, by contacting dataprotection@hthai.co.th. Your account will then be deleted and we will not be able to carry out our services to you.
Why do we use your personal data?
We will use data to evaluate, develop and improve our services, products and systems for all of our customers. For this purpose, we will not analyze your data on an individual level, all processing will be done on pseudonymised data.
This includes analysis to make our services more user-friendly, such as modifying the user interface to simplify the flow of information or to highlight features that are commonly used by our customers in our digital channels and to improve IT systems in order to increase the security for our visitors and customers in general.
The analysis is also used to develop and constantly improve the logistics flow of goods by forecasting purchases, stocks and deliveries as well as our resource capacity from a sustainability point of view by streamlining purchasing and scheduling of deliveries.
In addition, we use the data to be able to plan new establishments of stores and warehouses and improve our product range.
What types of personal data do we process?
We will process following categories of personal data if you have chosen to provide it to us:
-
Customer number
-
Date of birth
-
Gender
-
Country
-
Account settings
We will process the following categories of personal data if you have made a purchase:
-
Order history
-
Delivery information
-
Payment history
We will also process the following categories of personal data connected to cookies:
-
Click history
-
Navigation and browsing history
Who has access to your personal data?
Data that is forwarded to third parties, is only used to provide you with the services mentioned above. We use web-analysis companies to analyze our customer online behavior on a general level.
What is the legal ground to process your personal data?
The processing of your personal data, to develop and improve our services and products, is based on our legitimate interest.
How long do we save your data?
We will keep your data for as long as you have an active H&M account or Club membership.
After your account or membership has been terminated your data will be deleted.
Your right to object to the processing of your data:
You have the right to object to the processing of your personal data that is based on H&M's legitimate interest, by contacting dataprotection@hthai.co.th. Your account will then be deleted and we will not be able to carry out our services to you.
FULFILMENT OF LEGAL OBLIGATIONS
Why do we use your personal data?
We will use your personal data to comply with obligations in laws, court rulings and decisions from authorities.
This includes using your personal data to collect and verify accounting data to comply with our book-keeping rules.
What types of personal data do we process?
We will process following categories of personal data:
-
Customer number
-
Order number
-
Name
-
Postal address
-
Transaction amount
-
Transaction date
Who has access to your personal data?
Your data will be shared within the H&M group and Gill Capital group (refer to our annual report which may be found at about.hm.com and gillcapital.com.sg).
We will share your personal data with IT companies that provide book-keeping system solutions.
What is the legal ground to process your personal data?
The processing of your personal data is necessary for H&M to fulfil its legal obligation.
How long do we save your data?
We will save your data in compliance with the book-keeping rules in Thailand.
PREVENTION OF MISUSE AND CRIME
Why do we use your personal data?
We will use your personal data for loss prevention management by securing that terms and conditions are being followed and to detect and prevent misuse of our services.
We will also use your personal data via video surveillance for security reasons. This data will be used to be able to follow up on incidents and to prevent and report criminal offences in our stores.
Your personal data will be used to prevent and investigate abuse of our services online and losses and fraud, by analyzing online shopping behavior.
What types of personal data do we process?
We will process the following categories of personal data:
-
Contact information such as name, address, telephone number and e-mail address
-
Club membership ID
-
Customer number
-
Video footage
-
Order history
-
Delivery information
-
Payment history
Who has access to your personal data?
Your personal data that is forwarded to third parties, is only used for purposes mentioned above. We will share your data with companies for exception based reporting.
Incidents and fraud may be shared with insurance companies, legal authorities or local and global law enforcements to complete investigations. Please be aware that such recipients will have an independent right or obligation to process your personal data.
What is the legal ground to process your personal data?
The processing of your personal data to prevent misuse of our services is based on our legitimate interest.
How long do we save your data?
We will keep your data for the time we need to prevent and/or report potential fraud and other offenses.
Video footage will be saved in compliance with local legislation.
Your right to object to the processing of your data
You have the right to object to the processing of your personal data that is based on H&M's legitimate interest by contacting dataprotection.gb@hm.com. Your account will then be deleted and we will not be able to carry out our services to you.
COOKIES
A cookie is a small text file that is saved to, and, during subsequent visits, retrieved from your computer or mobile device. If you use our services, we will assume that you agree to the use of such cookie.
How do we use cookies?
We use permanent cookies to store your choice of start page and to store your details if you select "Remember me" when you log in.
We will use cookies to save your favorite products.
We use session cookies for example when you use the product filtration function, to check whether you are logged in or if you put an item in your shopping bag.
We use both first- and third-party cookies to collect statistics and user data in aggregate and individual form in analysis tools to optimize our site and to present you with relevant marketing material.
Some third-party cookies are set by services that appear on our pages and are not in our control. They are set by social media providers such as Twitter, Facebook and Vimeo and relate to the ability of users to share content on this site, as indicated by their respective icon.
We also use third-party cookies which performs cross-site tracking in order for us to give you marketing in other sites/channels.
What types of personal data do we process?
We will only connect your cookie ID to your personal data submitted and gathered in relation to your account or Club membership, if you are logged in to your account or the H&M Club.
Who has access to your personal data?
Data that is forwarded to third parties is only used to provide you with the services mentioned above, analysis tool in order to collect statistics to optimize our site and present you with relevant material.
What is the legal ground to process your personal data?
We will only connect your cookies to your personal data if you are logged in to your H&M account or the H&M Club.
If you are logged in to your account, the legal ground is based on our legitimate interest.
If you are logged in to H&M Club, the legal ground is fulfilment of the H&M Club terms and conditions.
How long do we save your data?
We do not save your personal data. You can easily erase cookies from your computer or mobile device using your browser. For instructions on how to handle and delete cookies please look under "Help" in your browser. You can choose to disable cookies, or to receive a notification each time a new cookie is sent to your computer or mobile device.
Please note that if you choose to disable cookies, you will not be able to take advantage of all our features.