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Payment Service Policy

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Welcome to the PChome Thai Payment Service (hereinafter "the Service"). The Service is jointly provided by PChome Thailand Co., Ltd. (hereinafter "PChome Thailand") and third-party cooperating partners. In order to protect your own interests as a User, please carefully read the following terms and conditions prior to registering and using the Service. Once you complete the registration process or begin to use the Service, you will be deemed to have fully understood the following terms and conditions and to have agreed to be bound by the following terms and conditions:

For the purposes of these TOS, "you" and "User" both mean the User that registers and uses the Service.

I. Content of "the Service

  • 1. Under the Service, PChome Thailand provides a software system to the User and is engaged by the User to collect transaction payments on the User's behalf. PChome Thailand reserves the right to accept or not accept applications from users to register for the Service without having to provide any reason for its decision.
  • 2. The method and scope of collection of transaction payments by means of the Service shall be subject to the service method and scope designated at the time of service provision by PChome Thailand. Any addition to, reduction of, change in, or modification of the service method or scope of collection of transaction payments by means of the Service will be posted on the relevant webpage(s), and no other notification will be provided.
  • 3. The User must log in to use the Service, and may do so only with the account and the corresponding password set up at the time of registration, and using the log-in method and process established by PChome Thailand at the time. The account and its corresponding password are only for use by the User that registered that account. The User may not disclose or transfer the account to, or provide it for use by, any third party, whether with or without compensation. The User shall be held liable and responsible for any acts performed by the account registered under the User’s name.

II. Registration, accounts, passwords, and security

  • 1. If you use the Service, you and PChome Thailand both agree that the method of communication between the parties regarding matters related to the Service shall be via electronic mean. The User agrees and acknowledges that PChome Thailand’s computer system will automatically keep a record of relevant electronic transaction data. You can query relevant transaction records online after logging in to the system. If you discover any error in the transaction records, please notify PChome Thailand immediately.
  • 2. Prior to using the Service, you must complete registration using the method and process established by PChome Thailand at the time, and provide relevant data and/or evidence for User data validation. For purposes of fulfilling the know-your-customer obligation, if you do not complete the registration by the method and process established by PChome Thailand, or do not provide your complete personal data to PChome Thailand, you will not be able to complete the registration and will not be able to use the Service. You must guarantee that the data you provide to PChome Thailand and the data you submit during registration and use of the Service are complete, accurate, and consistent with the facts at the time. If there is any subsequent change to any such data, you must promptly notify PChome Thailand. If PChome Thailand discovers any inconsistency between your data and the facts, or you have not promptly notified PChome Thailand of any change to the data, PChome Thailand may at any time cancel or suspend your account and password, and may at any time refuse to provide you all or part of the Service or functions (including but not limited to suspending your withdrawal of funds collected through the Service). PChome Thailand will not bear any liability for doing so.
  • 3. You shall bear the obligation to maintain proper custody of, and keep confidential, the account and password that you obtain, and may not disclose or provide the account or password to any third party to log into or use, whether with or without compensation. Any transaction occurring through the input of the account and password will, without exception be deemed an act done by the User who registered the account. The User who registered the account shall bear liability for all acts done using the said account and password.
  • 4. If you discover or suspect that your account password has been misappropriated or improperly used by any other person, you must immediately notify PChome Thailand so that PChome Thailand can take timely and proper responsive measures to examine the causes and prevent any further damage. However, unless otherwise stipulated by this TOS, the taking of the above-mentioned responsive measures shall not be construed as PChome Thailand has any express or implied liability to you for damages or compensation in any form. After PChome Thailand learns, either on its own initiative or through your notification, that your account password has been inappropriately or improperly used, PChome Thailand will immediately notify you and suspend execution of any instructions for payment through the account, and meanwhile also will suspend acceptance of any subsequent instructions for payment through the account. The User shall be liable for all loss that occur prior to reporting, and completing relevant procedures related to the misappropriation of the account password.
  • 5. The User acknowledges and authorizes PChome Thailand to inquire and acquire your information; not limited to asking directly from User, other persons / entities for the objective of knowing our customer. Whereas the information gathered will not be limited to name-surname, identification card number, and date of birth.

III. Protection of personal information

  • 1. PChome Thailand will protect the security of your personal data in accordance with relevant laws and regulations. PChome Thailand will not disclose or provide the User's personal data or transaction records to any third party, except as required by laws or regulations or requested by a competent authority, or as necessary in order to perform a contractual obligation, or where a User may be involved in a violation of laws or regulations or in an infringement of the rights and interests of a third party, or a violation of this TOS or other stipulations, or where otherwise agreed by the User. Please review PChome Thailand's Privacy Notice for more information on its personal data protection and privacy policies.
  • 2. In order to appropriately provide the Service, PChome Thailand will cooperate with third parties (hereinafter referred to as the "Contractors"), such as relevant transaction websites, payment service operators, logistics firms, the postal service, and financial institutions, or will use services provided by Contractors, including but not limited to completion of the transaction payment collection services engaged by the User through Contractors. You agree that for the purposes of verifying or confirming the User's identity, performance of a contract, or completing or providing relevant transactions or services, Contractors may disclose or provide your necessary personal data to PChome Thailand, and PChome Thailand may also disclose or provide the same to Contractors.
  • 3. If you use the Service, it shall be deemed that you agree that PChome Thailand may, insofar as necessary, disclose part or all of your personal data, as it deems necessary, to your transaction counterparty, and you authorize PChome Thailand to do so.
  • 4. Under the following circumstances, PChome Thailand is entitled to examine the User's personal data, including but not limited to transaction records and telecommunication records, and to provide them to a relevant government agency, or provide them to a third party that claims and provides credible evidence of infringement of its rights or interests, and, when necessary, to suspend the User's account and access authorization, and temporarily suspend provision of all or part of the Service to the User:
    • (1) pursuant to laws and regulations, or to an order or request of a judicial body or other relevant government authority;
    • (2) in order to execute the provisions of these TOS, or when there is a likelihood that the User has violated these TOS or other stipulations, or has infringed the rights or interests of a third party;
    • (3) in order to maintain the security of the Service's system or the lawful rights and interests of its operator;
    • (4) in order to protect the lawful rights and interests of other users or other third parties;
    • (5) in order to maintain the normal operation of the Service's system.

IV. About the Service

  • 1. The Service, as engaged by the User, merely handles, in accordance with the conditions and restrictions set out in this TOS and relevant stipulations, the collection on behalf of the User of funds receivable or payable for transactions between the User and third parties. The transactions from which the funds arise exist solely between the User and the User’s transaction counterparty (hereinafter, the "Buyer"), and the rights and obligations with respect to the sale of products or services involved in the transactions, the methods and conditions of the transactions, and the performance or non-performance of the transactions (including but not limited to any refusal to perform, delayed performance, non-delivery, defect, error, product return or exchange, or refund) exist solely between the User and the Buyer, and moreover the User and the Buyer shall bear rights, obligations, and responsibilities with respect to each other in accordance with relevant laws and regulations and the stipulations between them. The collection of transaction payments by the Service as engaged by the User does not indicate that PChome Thailand makes any guarantee or promise, express or implied, with respect to the performance of any such transactions.
  • 2. The User shall deliver the product bought in accordance with the standards advertised, and the Buyer shall receive the goods in good condition – not defective – within 30 (thirty) days after the purchase order is accepted. Furthermore, the User shall keep and retain all acceptance receipts, warranty certificates and/or acknowledgements of receipt signed by the Buyer for at least 18 (eighteen) months. Where the User engages in the international transaction, the User acknowledges and agrees that it is under the User’s sole responsibility to make him/herself familiar with the laws, regulations, and procedures, especially on the importation and exportation, of that particular country and that the User shall bear all risks which may occur from such transaction. PChome Thailand shall under no circumstances be held liable nor responsible for the User’s failure to familiarize him/herself with the said laws, regulations, and procedures.
  • 3. The User must issue the Buyer a receipt showing the detail of payment, and provides the receipt number to PChome Thailand.
  • 4. When a User uses the Service to engage PChome Thailand to collect a transaction payment, the User must, at the time of the transaction, notify the Buyer of information with respect to the seller (or the service provider) in the transaction, and publish relevant transaction conditions on the PChome Thailand’s webpage, including:
    • (1) Product price: Amount of the transaction (inclusive of business tax and any applicable taxes) and currency.
    • (2) Product content: description of the product or service provided.
    • (3) Location: location and country of the shipment.
    • (4) Contact method: client's service window (contact telephone number and email address).
    • (5) Delivery policy: the method of product delivery, shipping fees, and who will be responsible for the shipping fees.
    • (6) Cancellation and return policy: the policy for Buyer to cancel or return product or service.
    • (7) Other conditions: whether there are any import/export restrictions or additional taxes on the product (with special explanations required for any differences that are due to the laws and regulations of other countries) or any information which the Buyer should be informed of prior to purchasing goods or services.
  • 5. Where the User uses the Service to engage PChome Thailand to collect a transaction payment on the User's behalf, the User shall bear the obligation to perform the transaction with the Buyer in accordance with the Civil Code, the Consumer Protection Act, and other relevant laws and regulations and with the agreed stipulations between the User and the Buyer, including but not limited to warranty against defects, warranty service, and after-sales service.
  • 6. The funds that the Service collects on behalf of the User as engaged by the User are limited solely to funds arising from transactions such as sales of products or services between the User him/her/itself and the Buyer conducted on the platform provided by PChome Thailand. Transactions between the User and the Buyer must not violate any law, regulation, public order, or good morals. If a transaction is suspected of or found by PChome Thailand to violate any law, regulation, public order, or good morals, PChome Thailand shall reserve the right to suspend or refuse provision of the Service and the right to suspend or refuse payment of relevant funds to the User. The User agrees to be liable for compensation and reimbursement of any loss or expense caused to PChome Thailand as a result of such refusal or suspension.
  • 7. The Service merely accepts engagements to collect transaction payments on behalf of the User, and to disburse such payments to the User in accordance with relevant stipulations. Both the User and Buyer acknowledge that PChome Thailand is not a bank or a financial institution, and the Service is not a financial business, and is not able to allow Users to conduct fund transfers themselves. The funds collected by the Service are not deposits, and PChome Thailand does not pay any interest or proceeds.
  • 8. The funds collected through the Service must be in Thai Baht; no other currency will be accepted. The settlement and payment of funds collected through the Service will also be in Thai Baht. When the User requests to withdraw funds collected through the Service, the account designated for fund remittance (hereinafter the "User's Designated Account") shall be limited to the account the User has opened with a financial institution.
  • 9. The transaction funds that PChome Thailand collects through the Service will be deposited in a segregated PChome Thailand account, separate from PChome Thailand's operating funds. PChome Thailand will not use the transaction funds for any purpose other than settling the payment to a User of the funds that the User has used the Service to collect, or deducting service fees for the Service or other expenses, reimbursements, or compensation payable by the User or any related purpose thereof.
  • 10. For transaction payments that the User has engaged PChome Thailand to collect on the User's behalf through the Service, unless notification by email is not possible, PChome Thailand will, following handling of the payment, notify the User and the Buyer by the email registered with PChome Thailand of the status of handling of the transaction payment. But such emails are merely served as notices that a payment has occurred. The definitive and authentic status of the handling of all such collections of payments will in all cases be that which is recorded in the Service's system. In addition, because the internet is an open, public network, and the operational policies and systems of various email service providers are not within the control of PChome Thailand, PChome Thailand does not guarantee that the User or the Buyer will promptly receive the email sent by PChome Thailand.
  • 11. The Service's system will automatically record transaction payments collected by the Service, as well as related data. Users who have completed registration may, at their own initiative, make query to the system on the records and data. If a User believes that there is any error in the amount of funds in the account, or in related records or data, the User shall immediately notify PChome Thailand of the User’s concern, so that PChome Thailand can promptly check the amount, records, or data. PChome Thailand shall not be held liable nor responsible for incorrect details of such due to the failure to notify by the User.
  • 12. The User and the Buyer shall use the Service in accordance with the method and procedures established by the Service. If the User or the Buyer operates the system in any way that is not in accordance with the established method, or if either party violates any provision of this TOS or any other agreed terms relevant to the Service, such that the parties are unable to successfully complete their transaction or the receipt of funds or payment of funds, PChome Thailand will bear no liability for compensation.
  • 13. With respect to any transaction that may violate laws or regulations, violate good public morals, or infringe the rights or interests of a third party; or any payment made in error; or any case in which PChome Thailand is acting on the basis of relevant laws or regulations or an order from a competent authority, PChome Thailand may directly deduct or withhold relevant funds from the User's account with the Service. If the funds in dispute have already, on the basis of a withdrawal instruction from the User, been remitted to the User's Designated Account, the User shall, after receiving notice from PChome Thailand, immediately return those funds.
  • 14. When the User uses the Service to engage PChome Thailand to collect a transaction payment, the User shall, at their own initiative, appropriately preserve data, documents, and invoices related to the transaction and to the performance of the transaction. PChome Thailand may make inquiries to the User regarding the following: the content of the transaction and relevant conditions of the transaction (including, but not limited to, the items and detailed descriptions of the products or services involved in the transaction, added fees, etc.); the method of performance in performing obligations, and the circumstances of performance, of the transaction; and business type conducted by the User. The User shall, upon request by PChome Thailand, explain in detail any matters related to the transaction, the performance of the transaction, or the lines of business.
  • 15. The User acknowledges that any transaction performed via the account registered with PChome Thailand and which has already been completed shall not be cancelled, revoked, changed, or amended; unless, it has been done in pursuant to the terms and conditions of PChome Thailand.

V. Rescission of transactions, overpayments, underpayments, and payment errors

  • 1. When the User has engaged PChome Thailand to collect a payment through the Service, but before the Buyer has made a payment to PChome Thailand in accordance with the agreement, either the User or the Buyer may, through the platform by which the parties entered into the transaction, after the User and the Buyer have negotiated the matter, proceed to cancel the transaction.
  • 2. When the User has engaged PChome Thailand to collect a payment through the Service, and the Buyer has already made the payment to PChome Thailand in accordance with the agreement, if the User and the Buyer subsequently negotiate and agree to rescind the transaction, the User shall notify and inform the Buyer that the Buyer is required to submit a "Refund Application" with PChome Thailand. PChome Thailand will, in accordance with the stipulations of the Service, refund the transaction payment to the Buyer. The User agrees, however, that PChome Thailand is not required to refund handling fees and service fees paid in connection with the use of the Service.
  • 3. When the User has engaged PChome Thailand to collect a payment through the Service by means bill payment, online credit card, or online debit card, and the Buyer has already made the payment to PChome Thailand in accordance with the agreement, if the Buyer does not, within 30 days after confirmation by PChome Thailand of receipt of the payment, submit a "Payment Postponement" or "Refund Application" to PChome Thailand, even if the User and the Buyer subsequently negotiate and agree to rescind the transaction, the User shall, at its own initiative, contact the Buyer and handle refund of the payment. PChome Thailand will not get involved in the handling of any refund matter that may arise between the User and the Buyer as a result of the rescission of the transaction.
  • 4. When the User has engaged PChome Thailand to collect a payment through the Service, if the Buyer's payment to PChome Thailand is an overpayment (greater than the transaction amount), PChome Thailand will, on behalf of the User, contact the Buyer and handle refund of the portion exceeding the transaction amount.
  • 5. When the User has engaged PChome Thailand to collect a payment through the Service, if the transaction fails because the amount collected is an underpayment (lower than the transaction amount), PChome Thailand will, on behalf of the User, contact the Buyer and handle refund of the payment.

VI. PChomePay Bill Payment service

  • 1. PChomePay Bill Payment service is jointly provided by PChome Thailand and Bangkok Bank Public Company Limited (hereinafter referred to as the "BBL"). If the User activates the Service's PChomePay Bill Payment service, the User may allow the Buyer to make payment through the ATMs, online banking services, mobile banking services, or banking counters. By using PChome Thailand’s Supported Shipping, PChome Thailand will, after 8 calendar days from the Buyer’s receipt of the goods, disburse the payment successfully collected to the User's account at PChome Thailand. By not using PChome Thailand’s Supported Shipping but Buyer confirming receipt of the goods, PChome Thailand will, after 8 calendar days from such receipt by the Buyer, disburse the payment successfully collected to the User’s account at PChome Thailand. If the User has not activated PChome Thailand’s Supported Shipping and the Buyer has not confirmed receipt of the goods, PChome Thailand will, after 30 calendar days counting inclusively the day following the day on which PChome Thailand receives payment notice, disburse the payment successfully collected to the User’s account at PChome Thailand.
  • 2. The aforesaid notwithstanding, PChomePay Bill Payment service shall only be available to a User when the total price of the order for the product transaction does not exceed 100,000 Thai Baht (“THB”). If the total price of the product transaction is above 100,000 THB, it is not possible to use the PChomePay Bill Payment service for collection of payment.
  • 3. PChome Thailand shall reserve the right to adjust the payment service fee with respect to the PChomePay Bill Payment service in the future. The User agrees that any collection of, and any adjustments to, the payment service fees in respect of the PChomePay Bill Payment service that will be announced and posted on the relevant webpage(s) of the Service and in the application program (app). Such collection and/or adjustment of service fees shall take effect immediately after the announcement.

VII. PChomePay Credit Card service

  • 1. Users who meet the qualifications set out by PChome Thailand can apply to use the PChomePay Credit Card service as provided by the Service. The Buyer can use the Service to make online payment by credit card of transaction payments owed to the User. By using PChome Thailand’s Supported Shipping, PChome Thailand will, after 8 calendar days from the Buyer’s receipt of the goods, disburse the payment successfully collected to the User's account at PChome Thailand. By not using PChome Thailand’s Supported Shipping but Buyer confirming receipt of the goods, PChome Thailand will, after 8 calendar days from such receipt by the Buyer, disburse the payment successfully collected to the User’s account at PChome Thailand. If the User has not activated PChome Thailand’s Supported Shipping and the Buyer has not confirmed receipt of the goods, PChome Thailand will, after 30 calendar days counting inclusively the day following the day on which PChome Thailand receives payment notice, disburse the payment successfully collected to the User’s account at PChome Thailand.
  • 2. The PChomePay Credit Card service is provided to the User only for orders for which the total price of each transaction does not exceed 100,000 Thai Baht (“THB”). If the total price of the transaction is above 100,000 THB, it will not be possible for the User to utilize the PChomePay Credit Card service.
  • 3. As for the method of calculating the payment service fee for using the PChomePay Credit Card service, please refer to the Service Fee Policy.
  • 4. The User shall not sell product or service at a price to the Buyer using a credit card (hereinafter, “Cardholder”) higher than the price set for other Buyers. The User shall not cause the Cardholder to pay any charge or fee that the User pays PChome Thailand, or any expense incurred due to the Cardholder paying by credit card.
    In the event that there is any privilege offered to general Buyers such as a discount or gift, the Cardholder shall be entitled to receive such privileges as other Buyers.
  • 5. When the User uses the Service to collect a transaction payment made by a Buyer by means of online credit card payment, the entire amount of the transaction between the User and the Buyer must be approved in a single authorization and request for payment. The User may not split a transaction into two or more amounts of money for separate credit card payments or to obtain separate transaction authorization codes. Moreover, the User warrants that it will: not use the Service to engage in any illegal transaction; not engage in payment by credit card when there is no actual consumption; not engage in any cash advance in the nature of financing or any other kind of disguised financing; not engage in any transmission of funds not based on a substantive transaction; and not engage in any act in which the User first uses a cash advance to pay expenses for a Buyer and then, acting through PChome Thailand, seeks payment from a credit card issuer. If the User violates any of the provisions in this paragraph, PChome Thailand may withhold the payment for any such transactions. If the payment for any such transactions has already been disbursed to the User, the User shall return it to PChome Thailand. PChome Thailand also may deduct from the User’s account registered with the Service an amount equivalent to the payment for any such transactions.
  • 6. If a transaction between a User and a Buyer is in the nature of a deferred transaction, the Service may not be used to collect a payment made by the Buyer for such a transaction by means of online credit card payment. If after the fact it is discovered that a transaction is in the nature of a deferred transaction, PChome Thailand may withhold the transaction payment. If the payment for any such transactions has already been disbursed to the User, the User shall return it to PChome Thailand. PChome Thailand also may deduct from the User’s account registered with the Service an amount equivalent to the payment for any such transactions. When the User provides proof that the deferred product or service has in fact been delivered, PChome Thailand will then disburse the funds.
  • 7. After a User uses the Service to collect a transaction payment made by a Buyer by means of online credit card payment, if PChome Thailand is instructed by the Contractor, the acquirer, the credit card issuer, or any settlement institution foreign or domestic to refuse that transaction payment, PChome Thailand may withhold the payment for any such transactions. If the payment for any such transactions has already been disbursed to the User, the User shall return it to PChome Thailand. PChome Thailand also may deduct from the User’s account with the service an amount equivalent to the payment for any such transactions.
  • 8. After a User uses the Service to collect a transaction payment made by a Buyer by means of online credit card payment, if the person who is the actual holder of that credit card denies having made the transaction, and the User is unable to provide relevant documentary proof, any resultant loss shall be borne by the User. PChome Thailand also may deduct from any funds payable to the User or from the User’s account registered with the Service the amount of any such transactions.
  • 9. The User hereby undertakes to keep and retain for at least 10 (ten) years all records of the sale and delivery of goods and/ or services and shall, upon request, deliver those records to PChome Thailand within 10 (ten) days.
  • 10. Where a judicial body, governing authority, international organization, card issuer, or acquirer sends out a notification that the User is a suspicious or high-risk merchant, or where PChome Thailand determines that the User is a suspicious or high-risk merchant, PChome Thailand may, without prior notice, freeze the account that the User has with the Service, and may suspend authorization of use of the Service by the User or the User’s requests for payment or procedures for disbursements of funds to the User. After the instructing agency, or an institution with proper authority, investigates and confirms that there are no concerns that the User may be a suspicious or high-risk merchant, PChome Thailand shall, upon becoming aware of this fact, unfreeze the account and restore authorization for the User's credit card transactions, requests for payment, or disbursement of funds. However, the User may not claim interest or any other compensation for payments affected during the time period of the freeze.

VIII. Withholding of payments received on behalf of the User

  • 1. If a court, government authority, or the Buyer or other person with relevant rights or interests, pursuant to the Service's TOS or dispute resolution process, requests that PChome Thailand temporarily stop the User from withdrawing relevant funds, or if the Buyer or the Cardholder, acting through the credit card issuer or the acquirer, proposes refusing payment of the transaction payment, or if PChome Thailand reasonably suspects that the relevant transaction violates any law, regulation, public order, or good morals, the User agrees that PChome Thailand may directly withhold the relevant funds in the User's account with the Service, until such time as any such dispute or suspicion is resolved. If the disputed funds have already been remitted to the User's Designated Account, the User agrees to return those funds immediately upon receipt of notification from PChome Thailand. PChome Thailand also may deduct from the User’s account with the service an amount equivalent to the payment for any such transactions.
  • 2. With respect to funds withheld pursuant to the above provision, when the dispute is resolved and there is suitable proof to that effect, PChome Thailand will, on the basis of its dispute resolution outcome, repay or transfer the funds to the User, the Buyer, or any person with relevant rights or interests. When PChome Thailand returns or pays these funds, it will first attempt to do so into an account with the Service belonging to the User or the Buyer, or as the case may be. If the person with relevant rights or interests to the funds is not a member of PChome Thailand, PChome Thailand will handle the matter by remittance of funds. The User agrees that handling fees for the remittance shall be collected by the bank on the basis of the bank's own regulations and will be deducted directly from the amount of the remittance.

VIII-1. Payment Postponement and Refund Application

  • 1. To ensure that the User completes the delivery of the products or services, and the Buyer receives the products or services in accordance with the agreement, the User agrees that if the User has not activated PChome Thailand’s Supported Shipping and the Buyer has not confirmed receipt of the goods, PChome Thailand will allow the Buyer to apply to PChome Thailand for "Payment Postponement" within 29 days after the day on which PChome Thailand receives payment notice. If the Buyer applies for "Payment Postponement" in accordance with the rules of the Service, the period afforded for the Buyer to submit a "Payment Postponement" will concurrently be extended by 3 days, and the period for settlement of funds collected between PChome Thailand and the User will also be extended by 3 days. However, the Buyer may apply for "Payment Postponement" only once for any order.
  • 2. To ensure that the User delivers the correct products or services to the Buyer in accordance with the agreement, the User agrees that PChome Thailand will allow the Buyer to apply to PChome Thailand for a "Refund Application" if the following circumstances concur:
    • (1) Within 7 days after receipt of the goods
      • i. The Buyer makes the payment via the Service's Bill Payment service / Counter Service (Pay@All), PChomePay Bill Payment service, Payment-on-delivery, or PChomePay Credit Card service.
      • ii. The Buyer received the goods with defect (whether patent or hidden) as follows:
        • - The goods received were damaged
        • - The goods received have expired
        • - There are missing parts / accessories from the package
        • - There are signs of usage even though the goods were advertised as new
        • - The goods delivered were not what the Buyer has ordered/placed for
        • - The specification of the goods was not as advertised
      • iii. The Buyer provided evidence to prove that the goods received has the defect claimed, including but not limited to a photograph of the relevant goods.
      • iv. The Buyer kept and maintained the goods as received intact, including but not limited to keeping the original package, box, tag, labels.
    • (2) Within 3 Days after applying to PChome Thailand for "Payment Postponement"
      The Buyer has not received the goods or service after applying to PChome Thailand for "Payment Postponement".
    • (3) Others
      In addition to the terms (1) and (2) above, PChome Thailand reserved the right to allow the Buyer to apply for a "Refund Application" when PChome Thailand deems such application reasonable based on the sole and exclusive discretion of PChome Thailand.
  • 3. After the Buyer submits a "Refund Application", the User is required to reply, within 5 days counting inclusively from the day of receipt of the notification from PChome Thailand, whether it agrees to the requested refund. If the User does not reply within this time limit, it is deemed that the User agrees to refund the payment to the Buyer.
  • 4. With respect to a "Refund Application" submitted by the Buyer, the User may respond by selecting "Agree to Refund" (Agree) or "Dispute Resolution" (Do Not Agree). If the User selects "Dispute Resolution" (Do Not Agree), the User agrees that the dispute regarding the refund will be submitted to PChome Thailand for PChome Thailand to judge and decide at its sole and exclusive discretion whether to grant the refund. If PChome Thailand determines that the Buyer's "Refund Application" is without merit, then the funds collected will be disbursed to the User after account settlement, as stipulated in the Service; however, if PChome Thailand determines that the Buyer's "Refund Application" has merit, then PChome Thailand will proceed with the refund process and return the collected funds to the Buyer, and the User may not raise any objection.
  • 5. When the User on its own initiative agrees to refund, or when PChome Thailand finds the Buyer's "Refund Application" to have merit, PChome Thailand will remit the refund by the Friday of the week following the User’s agreement to refund the Buyer or PChome Thailand’s determination that the “Refund Application” as merit (as the case may be). The User agrees that it shall bear the handling fee arising from the remittance, and that PChome Thailand may deduct from the User's account at the Service an amount of money equal to such handling fees. If the Buyer's bank account for receiving the refund is a BBL account, the handling fee will be 10 THB for Bangkok zone and 30 THB for other zones; if it is not a BBL account, the handling fee will be 20 THB. PChome Thailand reserves the right to adjust the handling fee from time to time, as it deems necessary, without prior notice to the User.
  • 6. Once the Buyer has submitted a "Refund Application," the Buyer will not be allowed to again submit a "Refund Application" or "Payment Postponement" to PChome Thailand for that particular order, regardless of the result of the application (including in instances in which the Buyer cancels the "Refund Application" with PChome Thailand after submitting it).
  • 7. At the end of the period of 30 days after confirmation by PChome Thailand of receipt of the payment or 7 days from the date of receiving product, the Buyer may request for the refund; however, such request must be submitted directly to the User and the User shall be responsible for the settlement of fund of the said request. In such case, PChome Thailand shall not be bound to or involved in the process of fund settlement.
  • 8. In the case that any fund collected by PChome Thailand in the process of rendering the Service is found to have violated any law, regulation, public order, or good morals, following an internal investigation by PChome Thailand and/or upon suitable proof that any such violation of law, regulation, public order, or good morals had occurred, PChome Thailand shall have the right motu proprio to refund, return or pay any such fund in accordance with Clause XIII-2 of this TOS.

IX. Withdrawal of payments received

  • 1. When the User wishes to withdraw funds collected by PChome Thailand on the User's behalf, the User shall first designate a user-designated bank account for which the personal name (or institutional name) and other relevant data of the account holder match that of the User. The name and the relevant data of the user-designated bank account must be identical to the personal name (or institutional name) that the User has submitted to the Service. To ensure transaction security, PChome Thailand may conduct verification of the data provided by the User. If the User has not established a valid user-designated bank account and also submitted relevant data, or if the name and relevant data of the user-designated bank account provided by the User are not identical to the data submitted by the User, or if it is not possible for PChome Thailand to complete verification of the data provided by the User, PChome Thailand may refuse the User’s applications to withdraw funds, and may provisionally withhold funds collected on the User's behalf, until such time as the User provides a user-designated bank account with data identical to that submitted to PChome Thailand, or data verification is completed. When necessary, PChome Thailand may refuse to provide, or suspend provision of, all or part of the Service to the User. If the User requests that funds be withdrawn into an overseas bank account, the User must first carry out the setting up of an overseas bank account with PChome Thailand, and must provide relevant bank account data required by PChome Thailand for the purposes of checking and confirmation. Where the User does not comply with PChome Thailand's requirements in establishing the account, or fails to provide the relevant overseas bank data, PChome Thailand may refuse applications from the User to withdraw funds, and may moreover withhold payments collected on behalf of the User, until such time as the User completes the setting up of the overseas bank account and investigation and confirmation of the data is completed. When necessary, PChome Thailand may refuse to provide, or suspend provision of, all or part of the Service to the User.
  • 2. The User may withdraw payments that it has engaged PChome Thailand to collect on behalf of the User by requesting through the Service’s system, in accordance with these TOS and the stipulations of the relevant handling procedures of the Service, that PChome Thailand disburse the funds that the User seeks to withdraw into a user-designated bank account. When the User withdraws funds, any remittance fees, service fees, or other fees or payments due, as well as any amounts that should be withheld according to laws or regulations or other stipulations, will first be deducted. If the User requests that the withdrawn funds go to an overseas bank account, the User agrees that any fees arising from international remittances, including but not limited to transaction fees, cable fees, beneficiary bank fees, and commission in lieu of exchange for THB, shall be borne solely by the User. The User also agrees that PChome Thailand may directly deduct or offset these fees from the collected funds that the User has requested to withdraw.
  • 3. When the User requests to withdraw payments collected, PChome Thailand may set an upper limit per day on the amount of the payments collected that the User can request to withdraw. This upper limit shall be as announced or revised by PChome Thailand at the time. If the amount that the User requests to withdraw exceeds the upper limit for that day, the Service will be unable to complete the withdrawal process. Moreover, the User agrees that the amount of each withdrawal must exceed 100 THB; otherwise PChome Thailand has the right to refuse the User's withdrawal application.
  • 4. When the User requests to withdraw payments collected, if the Service's system has already, on the basis of the User's request, completed the remittance procedures as set out by the relevant financial institution, and moreover the financial institution cooperating with PChome Thailand has already replied that the transaction was successfully completed, it shall be deemed that PChome Thailand has performed its payment obligation. The time at which those funds payable are credited to the User's account and can be utilized by the User, shall be determined in accordance with the regulations of the bank or relevant financial institution where the User has the account and PChome Thailand shall not be held liable nor liable for any delay caused by the regulations of the bank or relevant financial institution.
  • 5. Except for the methods as provided in these TOS and set out under the relevant handling procedures of the Service, the Service does not provide to the User any other method(s) of settlement or payment of the payments collected.

X. Service fees

  • 1. When the User uses the Service, PChome Thailand will, based on the types of services used, collect relevant service fees from the User. Definitive details of the specific service items, the methods of calculation, and the amounts of the service fees shall be announced and posted on the relevant webpage(s) of the Service from time to time. With respect to service fees or other fees or funds payable that may arise as a result of the use of the service by the User, the User agrees that PChome Thailand may directly deduct these from payments collected on behalf of the User.
  • 2. The User may not transfer responsibility for payment of any handling fees, service fees, or other fees or charges that may arise from the use of the Service by the User, to a Buyer, nor may the User add these to the price charged to the Buyer for any reason or under any guise or nomenclature. If the User engages in any such transfer of responsibility for payment, or makes any addition to the price charged, the User must immediately return the funds acquired in this manner to the Buyer.
  • 3. PChome Thailand may adjust the various service fees for the Service at any time. Adjustments to fees, as well as the date on which they take effect, will be announced and posted on the relevant webpage(s) of the Service. No other type of notification will be made. If the User does not agree with any adjusted service fee, the User should immediately cease from using the Service. If the User continues to use the Service, it will be deemed that the User agrees to the adjusted service fees.

XI. Prohibited activities, illegal activities, and breach of contract

  • 1. The User may not use the Service to engage in any of the following activities:
    • (1) Sell products or services prohibited or restricted by laws, regulations or by international credit card organizations, or engage in any other illegal activity.
      • - Drugs, medicines and/or medical devices;
      • - Dangerous goods;
      • - Methods of gambling;
      • - Pornography materials or sex-related services;
      • - Matchmaking services;
      • - Cigarettes, tobacco and/or other addictive substances;
      • - Counterfeit and/or pirated products;
      • - Weapons or parts thereof;
      • - Time-sharing business;
      • - Internet/computer-based items such as software, songs, movies that the Merchant is not the copyright owner or licensed distributor of, or is unable to gain legally binding copyright permission; and
    • (2) Engage in fraud, money laundering, and transaction involving sex or pornography, or any other criminal or unlawful activity.
    • (3) Any activity in which a transaction, or the products or services involved in a transaction, or the data or documents used, infringe lawful rights or interests of PChome Thailand or a third party, including but not limited to infringement of any trademark, copyright, patent, trade secret, or other intellectual property rights.
    • (4) Engage in any line of business that has not been legally recognised.
    • (5) Conduct any fictitious trade or transaction.
    • (6) Misappropriate or improperly use of bank account or personal data of any third party.
    • (7) Save, store, or disseminate any computer virus or other program that may damage or interfere with computer systems or data, or engage in any activity that damages or interferes with the normal functioning of the Service's system.
    • (8) Engage in any use of the Service that does not conform to the intended purposes for which the Service was established.
    • (9) Any other goods, service, and activities which may be restricted or prohibited by laws, regulations, or by international credit card organizations in the future.
    • (10) Any other or activity that PChome Thailand, with good cause, considers to be inappropriate.
  • 2. Whenever a client violates this TOS or any other relevant stipulations of the Service, PChome Thailand may deactivate the goods and/or service from the listing, suspend the provision of all or part of the Service, or suspend the performance of all or part of its contractual obligations, and may terminate the contract without having to provide prior notice to the User. If as a result of such violation PChome Thailand incurs any loss or expense, the User shall be liable for compensation or reimbursement of all such loss or expense. Furthermore, PChome Thailand reserves the right to pursue with criminal and/or civil legal proceedings against the User for such violation.

XII. Suspension or interruption of services

  • 1. PChome Thailand may, under any of the following circumstances, suspend or interrupt all or part of the Service. In such cases, the User may not request reparations or compensation.
    • (1) There is any relocation, replacement, upgrading, maintenance, or repair of the relevant hardware or software equipment of the service.
    • (2) The User or the Buyer is suspected to commit or commits any violation of laws, regulations, public order, good moral, or provisions of this TOS, or any other relevant stipulations of the Service.
    • (3) There is any suspension, interruption, or failure of normal functioning, of services, resulting from the actions of a third party, or from any event or matter beyond the control of PChome Thailand, or from any other cause not attributable to PChome Thailand.
    • (4) There is any suspension, interruption, or failure of normal functioning, of services, resulting from natural disaster or force majeure.
    • (5) PChome Thailand found or got notified that User is in the UN Sanction list.
  • 2. If the Service, as a result of malfunction, disruption, or abnormal functioning of the hardware or software equipment of PChome Thailand, experiences error, delay, interruption, or inability to transmit, PChome Thailand shall, with all possible speed, eliminate malfunctions and restore the normal functioning of the Service. However, in such cases, unless there was intent or gross negligence on the part of PChome Thailand, PChome Thailand shall bear no liability for any damages.

XIII. Limitations on liability

  • 1. The Service provides services only on an as-is basis according to the functions and condition of the system at any given time. PChome Thailand makes no warranties or promises, either express or implied, with respect to any specific request or need of the User, including but not limited to speed, security, reliability, integrity, accuracy, or freedom from service interruption or error.
  • 2. PChome Thailand does not guarantee that the transmission or storage of emails, files, or data will always be reliable, accurate, and error-free. Nor does PChome Thailand guarantee security, reliability, integrity, accuracy, or freedom from service interruption or error, for any transmitted or stored emails, files, or data. PChome Thailand is not liable for compensation for any damage resulting from failures, errors, or items gone missing in the transmission or storage of emails, files, or data, unless resulting from intent or gross negligence on the part of PChome Thailand.
  • 3. The Service's system will regularly back up data. However, PChome Thailand is not liable for compensation for any erroneous deletion of data or mistake or failure in backing up of data, unless resulting from intent or gross negligence on the part of PChome Thailand.
  • 4. With respect to any damage, direct or indirect, suffered by the User as a result of using the Service, if the responsibility for the occurrence of any such damage is attributable to PChome Thailand, and if PChome Thailand is liable for compensation under contractual provisions or under applicable laws or regulations, PChome Thailand's maximum liability for compensation to any single User shall be limited to the service fees that it originally collected from the User for that transaction or service.

XIV. Termination of contract

  • 1. If the User violates this TOS, or there is sufficient evidence to indicate that the User is engaged in activity in violation of laws or regulations, or payments that the User has engaged PChome Thailand to collect on behalf of the User are subject to attachment pursuant to a judicial ruling or by order of a prosecutor, or investigation confirms that the User has provided false personal identification data, PChome Thailand may suspend provision of all or part of the Service to the user, and also may terminate the contract at any time without having to provide prior notice to the User.
  • 2. The User may at any time notify PChome Thailand of termination of the contract and closing of the User's account. However, when the User wants to terminate the contract and close the User's account, the User shall contact the customer service of PChome Thailand and fill in all applicable application documents. The User may be required to provide supporting documents, evidentiary documents, or any other documents as PChome Thailand may deem as necessary for the purpose of terminating the contract and closing the User’s account. At the same time, the User shall close the payment collection function of this Service on all of the relevant Internet transaction platforms or websites on which the User has made the Service available for use. PChome Thailand will complete the process of closing the User's account only after:
    • (1) it confirms that there are no payment collections that are still in process or that are subject to a pending complaint or appeal, in the User's account;
    • (2) a final settlement of accounts between the User and PChome Thailand is completed; and
    • (3) the User, based on the outcome of the final settlement of accounts, clears the User's account by withdrawing all remaining funds into the User’s designated bank account, or the User, based on the outcome of the final settlement of accounts, pays all funds that are due to PChome Thailand.

XV. Other provisions

  • 1. Any matters not covered by this TOS will be determined by the relevant handling procedures, relevant instructions or explanations, and methods of use as posted on the applicable webpage(s) of the Service. The relevant handling procedures, instructions or explanations, stipulations, methods of use, guidelines, and restrictions as posted on the applicable webpage(s) of the Service are all deemed as part of this TOS.
  • 2. The Service only provides services on the basis of the existing functions and existing condition of the system. PChome Thailand reserves the right to increase, decrease, or modify all or part of relevant systems or functions.
  • 3. The User agrees that if PChome Thailand transfers the Service, and any rights and obligations in connection with the service and any transaction contracts or other contracts in connection with the Service, to a third party, then the rights and obligations, relevant transactions, and relevant data in connection with the Service, including but not limited to related rights and obligations, may be transferred along therewith to the third party and be assumed by the third party, and the continuing provision of the services be done by the third party.
  • 4. In addition to complying with this TOS, the User shall respect all relevant handling procedures, service regulations, methods of use, and instructions or explanations posted at the time on the relevant webpage(s) of the Service.
  • 5. PChome Thailand may at any time revise this TOS or the handling procedures, service regulations, instructions or explanations, methods of use, etc. as posted on the relevant webpage(s) of the Service. Revisions will be made public on the relevant webpage(s) of the Service, and Users will also be notified in advance. If a User does not agree with PChome Thailand's revisions to this TOS or to the handling procedures, service regulations, instructions or explanations, methods of use, etc. as posted on the relevant webpage(s) of the Service, the User may notify PChome Thailand of termination of contract. If, after the announcement of revisions to this TOS or to the handling procedures, service regulations, instructions or explanations, methods of use, etc. as posted on the relevant webpage(s) of the Service, the User continues to use the Service, it will be deemed that the User has agreed to be bound by and comply with the revisions of this TOS or the handling procedures, service regulations, instructions or explanations, methods of use, etc. as posted on the relevant webpage(s) of the Service.
  • 6. Nothing herein contained shall constitute a partnership between or joint venture by the User and PChome Thailand or constitute the User the agent of PChome Thailand. PChome Thailand shall not be held liable nor responsible by any representation, act, or omission of the User to the provisions hereof.
  • 7. The User agrees to indemnify and hold PChome Thailand, its affiliates, subsidiaries, officers, employees, directors and agents, harmless from any claim or demand made by any third party due to or arising out of the User’s breach of any term or provision of this TOS, misappropriate or improperly use of the Service, or violation of any law or rights of the third party.
  • 8. If any term of provision of this TOS is found to be invalid, illegal, or otherwise unenforceable, the same shall not affect any other provisions hereof and that the rest of this TOS shall remain in full force and be construed as if this TOS did not contain that particular term or provision to the extent of its invalidity or unenforceability.
  • 9. This TOS shall be governed by and construed in accordance with the laws and regulations of Thailand. If any dispute arising from the Service should result in litigation, the User agrees that the court where PChome Thailand is located shall be the competent court of venue in the first instance.