TERM OF USE

1. SCOPE AND DEFINITIONS

1.1 These general terms and conditions (the “Terms”) will apply when you access the Brooks Brothers Online Shop either online or via your mobile device (the “Website”) to post or view any content or to place orders to purchase any of the products on the Website.

1.2 Any reference to “we”/“us” in these Terms is a reference to Brooks Brothers Thailand which is owned and operated by I. C. C. International Public Company Limited located at 530 Soi 58, Sathupradit Road, Bangpongpang, Yannawa, Bangkok, 10210. I. C. C. International Public Company Limited is authorized to distribute products under the trademark Brooks Brothers (hereinafter referred to as “Brooks Brothers”), by Authentic Brands Group, LLC  (the “Principal”). You can contact us according to the information on this web page https://www.Brooksbrothers.co.th/en/contactus.html

1.3 Any reference to “you” means you, the user of the Website.

1.4 Please read these Terms carefully before using the Website. By accessing the Website in any way, such as by posting and/or viewing any content, and/or placing any orders to purchase products from the Website, you agree to be bound by these Terms.

2. USE OF THE WEBSITE

2.1 You agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your own information) from the Website without our prior written permission.

2.2 You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the products, the Website or any part of it (the “Rights”), including the manner in which the Website is presented or appears and all information and documentation relating to it is our property, and nothing in these terms shall be taken to transfer any of the Rights to you.

2.3 Solely for the purposes of accessing the Website and placing orders we hereby grant to you, for the period during which the Website is made available to you, a non-exclusive, non-transferable, licence to use the Rights.

2.4 You may not link to the Website, other than to the

https://www.Brooksbrothers.co.th without our prior written consent.

2.5 We may change, restrict access to, suspend or discontinue the Website, or any portion of the Website, at any time.

3. REGISTERING FOR A PERSONAL ACCOUNT


3.1 To make it easier for you to order products using the Website, we offer you the opportunity to register a personal account.

You can also register by clicking an automatic login button for Facebook or Google. If you click an automatic sign-in button for Facebook or Google, you will still be required to register the first time by entering your Thai mobile phone number; a verification code will be sent to your phone and you must enter that verification code on the registration web page. Facebook or Google will send us your name and email address as stored in their system but you must enter your birth date.

If you register by clicking an automatic sign-in button for Facebook or Google you will not be asked to enter a password; to sign in later you can click the automatic login button. If you want to sign in later using your Thai mobile phone number or the same email address used by Facebook or Google, you can enter a password by using the procedure for a forgotten password, which can be accessed https://www.brooksbrothers.co.th/th/recover-password.html
After a password has been entered it can be changed at any time from your My Account page

3.2 You agree that any information you supply during the registration process will be accurate and complete. This information will be stored in our customer database. We will only use the stored information in accordance with our Privacy Policy, which can be accessed https://www.brooksbrothers.co.th/en/privacy.html Please ensure that the details you provide are correct and complete. Please inform us immediately of any changes to your information.

3.3 After registering a personal account, you will automatically be sent an email confirming that your account has been created.

3.4 You are responsible for preserving the confidentiality of your password for the Website, if you have created one, and for your password(s) for your Facebook and Google account(s). You must notify us of any known or suspected unauthorized use of your account or if your account becomes available to an unauthorised person. You agree that you are responsible for all statements made and acts or omissions that occur on your account when your password was used and when an automatic login for Facebook or Google with your email address was used. You agree to comply with all security directions and/or recommendations given by us.

3.5 Without prejudice to our other rights and remedies, we may suspend your access to the Website without liability if, in our reasonable opinion, such action is necessary to safeguard the Website. You will be responsible for any misuse of your account, including the placing of any order.

4. OUR CONTRACT

4.1 Your order constitutes an offer to us to buy the products you select from the Website. All orders are subject to availability and will not constitute a binding contract of sale until accepted by us. As soon as this offer is accepted by us by sending an Order Confirmation Message by email or SMS (as specified below), your order forms a binding contract of sale between you and us as further set out in Section 5 (Order Process) below.

4.2 Purchases made on the Website must be for your personal or gift use and are not to be used for re-sale, commercial purposes or any other commercial benefit. We reserve the right to refuse orders for multiple quantities of an item ordered by you or ordered to any one postal address.

4.3 The Website only sells products to individuals. Payment must be made by credit/debit card , Mobile Banking or COD.

4.4 The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

5. ORDER PROCESS

5.1 You may select items from our range of products, details of which will be added to the “Shopping Bag”, by clicking on the “Add to shopping bag” button. By clicking on the “Proceed to Checkout” button, you initiate the checkout process for the products added to the Shopping Bag. By clicking on the “Confirm Payment” or “Confirm Order” button you submit an offer to buy the products in the Shopping Bag and agree to pay for those items. Before placing an order you can view and change your order details at any time by clicking on the “My Shopping Bag” icon at the top of every page.

5.2 When you place your order to purchase products from the Website, we will automatically send you an email or an SMS message confirming receipt of your order and containing the details of your order (the “Order Confirmation Message”). The Confirmation Message does not constitute our acceptance of your order; it merely records the fact that we have received the order.

5.3 We will send you a second message when we ship your products which shall constitute our acceptance of your order (the “Order Shipment Message”), at which point a binding contract of sale will be concluded between you and us.

5.4 Any products in the same order which we have not confirmed in an Order Shipment Message do not form part of that contract. If for any reason the products ordered by you are not available at the time you place your order, we will notify you of this. Our acceptance of your order in the Order Shipment Message is limited to the products that are available - no contract of sale will be concluded in respect of products that are not available. We will retain title to the products until full payment has been received by us.

6. AVAILABILITY OF PRODUCTS AND DELIVERY TIME

6.1 The estimated delivery date for your products will depend on the shipping method chosen and the shipping address. Working days are from Monday to Friday excluding public holidays observed by our shipping carrier(s). Orders made with the Standard Shipping method will usually be delivered within 2 to 3 working days for shipping addresses within the Bangkok area and 3 to 4 working days for shipping addresses outside the Bangkok area after you complete your order. The Bangkok area includes Bangkok, Nonthaburi, Samut Prakan, and Pathum Thani provinces. We will try to deliver all products you have ordered within 14 days. These delivery dates are estimates only. Shipping dates are not guaranteed and should not be relied upon.

6.2 In the event that we become aware that we are unable to meet out estimated delivery time, we will notify you of this as soon as possible and at the same time and without us being liable to you we will specify a new estimated delivery time.

6.3 While we will do our best to deliver your products within the period of time defined above, sometimes it may take longer than expected. You accept that on some occasions, it may take us more than 14 days to deliver your products. If you change your mind in the meantime, you have the right to cancel your order in accordance with Section 9 (Returns) below, except for underwear, swimwear, socks, sales, and promotional items.

6.4 If your order has not been received within our specified time frames, you can check the status of your order by contacting us according to the information on this web page https://www.brooksbrothers.co.th/en/contactus.html All delivery time frames are subject to delays caused by seasonal or busy periods, weather and other unforeseen circumstances, though we will do everything we reasonably can to get your order to you on time. Please note that during exceptionally busy periods (such as Songkran), or when the weather is particularly inclement, please allow an additional day before raising a query.

6.5 Please note that our shipping carrier(s) may require a signature on delivery and will not leave products without a signature. Orders can be delivered to a place of work which is usually easier and avoids the disappointment and delay of products being returned to us as undelivered by the shipping carrier.

6.6 In the case that you have ordered multiple products, we may sometimes need to deliver your products in more than one delivery.

6.7 Your order will be sent to the shipping address that you have given on the Checkout page. We are not responsible if that shipping address is incorrect or incomplete.

7. PRICES AND SHIPPING CHARGES

7.1 All of the prices listed on the Website include value added tax.

7.2 The prices shown on the Website are stated in Thai baht and exclude shipping charges. Despite our best efforts, a small number of the products on our Website may be mispriced. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping the products, or cancel your order and notify you of such cancellation.

7.3 Domestic delivery of order above THB 3,000 is free of charge. if below THB 3,000, our delivery rate is THB 150 per shipment.

8. PAYMENT

8.1 Payment for your products must be made by credit/debit card or COD. Maestro cards are not supported by our payment system.

8.2 When payment is made by a credit/debit card, the full payment price, including any shipping charges and any additional charges for services you may have ordered, will be debited from your card when you click the “Confirm Payment” button on the Payment Page.

8.3 When payment is made by a credit/debit card, you confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment, we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

8.4 When payment is made by COD, you must pay our shipping carrier the full amount of the order in cash or any of the payment methods offered by our shipping carrier when the order is delivered to your shipping address. You cannot use a credit/debit card to pay for a COD order.

9. RETURNS

9.1 You can only return to us products which have been purchased directly through this Website. If you purchased your products at a Brooks Brothers boutique, other retail store, or from another Website, the products must be returned to the original store or site from which they were purchased.

9.2 Returns are not accepted for underwear, swimwear, socks, sales, promotional items, or items with a 50% discount or higher, unless the product is faulty.

9.3 If you wish to exchange your products, your exchange will be treated as a return, you will be refunded in accordance with this Section 9 (Returns) and you should place a new order for the replacement products.

9.4 You can return any product from your order (except for underwear, swimwear, socks, sales, and promotional items) within 14 days after you place your order.

9.5 You must follow our Returns Procedure described in paragraph 9.12 below.

9.6 Products must be returned in their original condition, without being worn or washed. The soles of shoes must be clean and intact. The packaging of fragrances must still be sealed. All of the packaging (plastic, boxes), accessories (glasses cases), user manuals, and product labels must be returned.

9.7 We reserve the right to reject the return of products which are not returned in accordance with this Section 9 (Returns) and we may request that you pay for the shipping of such products back to you.

9.9 When a product is returned to us, we will refund you using the same payment method that was used to pay for the order. If you paid by credit/debit card, the value of the products returned will be credited to your card. If you paid by COD, you will be sent a refund to your bank account.

9.10 Return shipping charges will not be paid for by us if you do not follow our Returns Procedure described in paragraph 9.12 (Returns Procedure).

9.11 If you used a coupon or promo code when paying for your order, please note that the value of the coupon or promo code for the order is applied proportionately to the price of each item in the order. In case of a return, you will get the refund of the amount paid on the returned item minus the proportion of the coupon or promo amount applied. You will then lose the promotion amount of the returned item.

9.12 Returns Procedure

9.12.1 Returns Procedure
Our customer service team will arrange for our shipping carrier to pick the item(s) up from you and return them to us. You can contact the Call Center by telephone (02-2947687) or email (service@brooksbrothers.co.th).

9.12.2 When our shipping carrier pick up your item(s) they will give you proof of your returned parcel. Keep this proof of your return parcel until you are contacted by our customer service team.

9.12.3 Customer Responsibility: Customers are responsible for all shipping costs associated with returning or exchanging items, unless the product received was defective or incorrect.

9.12.4 After our shipping carrier picks up you item(s), you will be contacted by our customer service team when the items arrive at our warehouse.

9.12.5 Please reuse the packaging your order was shipped in and make sure that your return package is packed and sealed securely.

9.12.6 The tax receipt of the order must be included with the returned item(s).

10. YOUR PERSONAL DATA

10.1 By entering information on the Website you represent and warrant that you are using your actual identity, and all information you provide is true, accurate, current and complete as of the time you provide us that information.

10.2 If you find that the information sent to us is incorrect or no longer valid, it is your responsibility to change it. We will not be liable for any errors that may result in your submission of incorrect information.

10.3 You consent to information about the device you use to access the Website being collected and processed for fraud prevention purposes and we may use third parties (and information they provide) to help us prevent fraud or unauthorised access to our Website.

10.4 The personal information that you provide to us while using the Website will only be collected and used in accordance with our Privacy Policy.

11. LIABILITY

11.1 Nothing in these Terms shall exclude or limit our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from our negligence, or any other liability which cannot be limited or excluded by applicable law.

11.2 If we fail to comply with these Terms, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence but we will not be responsible for any loss or damage caused to you where such loss or damage is not reasonably foreseeable to both you and us at the point at which you agree to these Terms (including where the loss or damage results from our breach of these Terms). Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it was contemplated by you and us at the time we entered into a contract with you.

11.3 Except as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into these Terms by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law. This does not affect the Terms which are included as a matter of custom, and we acknowledge that we are under a legal obligation to supply products in accordance with the contract and to supply products which are of satisfactory quality and reasonably fit for purpose and as described

11.4 We only supply the products and Websites for domestic and private use. You agree not to use a product or the Website for any commercial, business or resale purposes. We will not be responsible for any business loss (including loss of profits, loss of revenue, loss of contracts or loss of goodwill) that you suffer as a result of our breach of these Terms, use of our Website or our negligence.

11.5 This Website is provided by us on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk.

11.6 We do not accept any liability for damage to your computer system or loss of data that results from your use of the Website.

11.7 We do not guarantee that the content and services on the Website will be available, complete, accurate or up to date.

11.8 We do not guarantee that the Website will be available uninterrupted and in a fully operating condition nor that the information on the Website itself will be free from errors or omissions. (However, we will use reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention.)

11.9 When you order products from the Website, our aggregate liability to you for any loss or damage arising in connection with these Terms shall be limited in respect of each claim, to the purchase price of your order. In relation to any loss, damage, or expense suffered or incurred by you other than in relation to the purchase of products, our aggregate liability shall be limited to 1,000 Thai baht.

11.10 We are not responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises out of any event which is beyond our reasonable control. Such events shall include, for example, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting us or our suppliers. This condition does not affect your statutory rights.

11.11 If an event beyond our reasonable control as described above takes place that affects the performance of our obligations in relation to products ordered from the Website under these Terms with you:

11.11.1 We will use reasonable endeavours to reduce the impact of any such event on the performance of our obligations.

11.11.2 We will contact you as soon as reasonably possible to notify you.

11.11.3 Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the event. Where the event affects our delivery of products to you, we will arrange a new delivery date with you after the event is over.

11.12 You may cancel a contract formed with us which is for the purchase of products by you from the Website affected by an event which is beyond our reasonable control which has continued for more than 30 days. To cancel such a contract, please contact us according to the information on this web page If you choose to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any shipping charges.

11.13 While we take steps to prevent misuse of our systems, we cannot warrant that the Website will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-virus software to protect your equipment and data.

11.14 It is not possible for us to review all Websites which are linked from the Website or which link to the Website, and you should therefore take care when following any link. We cannot accept liability for any loss or damage that may be suffered as a result of following any links.

12. FEEDBACK AND COMPLAINTS POLICY

12.1 We welcome any comments about our service, so that we can improve what we are doing. Our aim is to deal with any problems quickly and fairly. If you have reason to complain about our service, please contact us according to the information on this web page stating clearly that you are making a complaint. Our aim is to respond to your complaint within 7 working days: either resolving the complaint or setting a time frame for resolution.

13. ALTERATION OF SERVICE OR AMENDMENTS TO THE TERMS

13.1 We reserve the right to make changes to our Website, policies, and these Terms at any time. Your usage of the Website and your orders will be subject to the policies and Terms in force at the time that you use the Website or that you order products from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these Terms are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.

14. WAIVER

14.1 If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

15. COMMUNICATION

15.1 When you visit the Website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

16. GOVERNING LAW AND JURISDICTION


16.1 Your use of the Website, any purchase by you on the Website of any products, and these conditions will be governed by and construed in accordance with the laws of the Kingdom of Thailand and will be deemed to have occurred in Thailand. You agree, as we do, to submit to the non-exclusive jurisdiction of the Thai courts.

16.2 The contract formed between you and us under these Terms is between you and us. No other person shall have any rights to enforce any of these Terms.