Terms & Conditions
1. IDENTITY OF ASICS
In these general terms and conditions (“Terms”) as well as on this Website located at asics.com.th/en-th and asics.com/th/th-th (“Website”), "ASICS" or "we" refers to ASICS Thailand Co., Ltd., a company incorporated and registered in Thailand who manages and owns the website. The registered office of ASICS is located at 11/1 AIA Sathorn Tower 14th Floor, Unit 01, South Sathorn Road, Yannawa, Sathorn, Bangkok 10120 and our email address is firstname.lastname@example.org. ASICS is registered in the Department of Business Development of Thailand under registration number 0105559058687.
2.1. These Terms apply to the sale and purchase of ASICS products (“Product(s)”) on the Website as between ASICS and the Customer who makes such purchase (“Customer” or “You”). By placing an order with ASICS, You are accepting these Terms and are agreeing to be bound by them.
2.2. Please note, these Terms can change at any time, and it is up to You to check these Terms before ordering Products in case there are any changes.
3.1. The Customer can place an order for Products on the Website (“Order(s)”) at the prices indicated.
3.2. The Products will have the specifications as indicated in the product description on the Website. The scope of the applicable after-sales customer assistance and commercial guarantees are described on the Website and in the order confirmation.
3.3. The Customer has a legal guarantee of conformity for the Products. If the Products do not conform, the Customer is entitled by law to remedies for such non-conformity.
4. ORDER PROCEDURE
4.1. A Customer may place an Order on the condition that the Customer:
a) provides his correct name and address, phone number, email address, payment details and other required information;
b) provides a delivery address that is located in the Territory as defined below; and
c) is the owner or authorized holder of a valid debit/credit card to buy the Products, if paying with a debit/credit card.
4.2. An Order is placed by clicking on the "Add to Cart" button and proceeding to the checkout page.
4.3. The Customer will be provided with an opportunity to review his Order(s), read and accept the Terms, check the total price of his Order(s) and the information he has provided, and correct any input errors before confirming his Order(s).
4.4. The Customer’s Order does not bind ASICS, but constitutes an offer made by the Customer to purchase the relevant Products in consideration for payment of the applicable prices. All Orders must then be formally accepted by ASICS, who may choose not to accept abnormal Orders and Orders which ASICS suspects are not placed in good faith
4.5. Once ASICS receives the Customer’s Order, ASICS will send an email to the Customer via the email address that Customer provided (the “Acknowledgement Email”). This will be done as soon as reasonably practical. The Acknowledgment Email will acknowledge receipt of the Order(s) and set out details of the ordered Product(s). This Acknowledgment Email does not constitute an acceptance of the Customer's Order(s) – only a confirmation that ASICS has received it.
5. CONCLUSION OF CONTRACT
5.1. After receiving the Customer's Order(s), ASICS will check whether the relevant Product(s) is (are) in stock. The contract governing the sale and purchase of the Product(s) between the Customer and ASICS (“Contract of Sale”) will only be concluded after ASICS sends the Customer an email confirming the Contract of Sale, that all or part of the Product(s) is/are still available, and that the Product(s) has/have been dispatched (the “Confirmation Email”).
5.2. ASICS will not file an accessible copy of the Contract of Sale, so the Customer is encouraged to download, save and/or print a copy of the Confirmation Email and these Terms for his records.
6.1. The price that is payable for a Product will be the price in effect at the time the Order is placed. It will be set out in the Acknowledgement Email and in the Confirmation Email.
6.2. All prices listed on the Website include Goods and Service Tax, but exclude the costs for delivery. Delivery fees will be listed separately during the finalization of the order procedure, and can vary per day and per Order.
7. MISTAKE IN PRODUCT DETAILS
7.1. If ASICS makes a mistake in the presentation of a Product, the description of the specifications thereof, or the listing of its price, and
a) it should have been clear to the Customer that such mistake constituted a spelling or typesetting error; or
b) in the given circumstances, the Customer could not have reasonably expected that ASICS would deliver, or would be able to deliver that Product with those specifications for that price,
then a valid contract will not be entered into. ASICS will, as soon as reasonably practicable, inform the Customer and reimburse any payments made.
7.2. Where a mistake as referenced in clause 7.1. arises, the offer of ASICS will not be valid and a contract will not be entered into between the Customer and ASICS. In such case, ASICS will not be held to deliver any Product that is ordered by the Customer, nor to reimburse the Customer for damages suffered.
8. FORCE MAJEURE
8.1. Notwithstanding any other provision in these Terms, ASICS shall not be held liable for any failure or delay in its performance under these Terms which is the result of a Force Majeure Event; provided however, that ASICS will inform the Customer as soon as reasonably practicable and use its commercially reasonable efforts to correct such failure or delay, failing which, ASICS will reimburse any payments made by the Customer. A Force Majeure Event means any event beyond ASICS’ reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including without limitation, acts of God, fire, explosion, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labour difficulties, industry-wide supplier failures, unavailability of materials, acts of war, civil insurrections, national emergencies, or governmental acts.
9.1. ASICS will only deliver Products to addresses in Thailand ("Territory").
10.1. Payment for Orders can take place by either of the following means:
a) Credit card (MasterCard or Visa): During the order procedure, the Customer should fill out his credit card number and expiry date. Customer shall ensure that the exact name is filled out as is stated on the credit card. The payment will be authorised online, so the Customer will know directly whether or not the payment has been successful; or
b) Online banking: Customer can do a direct transfer of the purchase price to ASICS from the bank account.
11.1. ASICS shall ensure delivery of the Product to the address as included in the Order confirmation.
12. RETURN POLICY AND RIGHT OF TERMINATION
12.1. The Customer is entitled to terminate the Contract of Sale without giving any reason within 7 calendar days of the date on which all the Products ordered in a single transaction have been received by the customer. This right of termination only applies with regard to Products that were purchased via the asics.com.th/en-th and asics.com/th/th-th websites, or any contracts entered into between ASICS and the Customer.
12.2. To exercise the right of termination, Customer must inform ASICS by submitting a return request online or at an ASICS store, or by contacting our Customer Care.
12.3. To meet the termination deadline, it is sufficient for the Customer to send his communication concerning his exercise of the right of or contact our Customer Care before the 7 calendar days has expired.
12.4. If the Customer terminates the Contract of Sale, ASICS shall reimburse to Customer all payments received from Customer, excluding the costs of delivery (with the exception of defective or wrong items sent). Subject to Clause 12.5, ASICS shall effect such reimbursement not later than 15 calendar days after ASICS has been informed about Customer's decision to terminate this Contract of Sale. ASICS will carry out such reimbursement using the same means of payment as Customer used for the initial transaction, unless Customer has expressly agreed otherwise; in any event, ASICS will bear the fees of such reimbursement.
12.5. Customer shall send back the Products in conformity with the return procedure as stipulated in our return policy without undue delay from the day on which Customer communicates its termination of this Contract of Sale to ASICS. Unless otherwise provided by ASICS, ASICS does not assume responsibility for lost shipments.
12.6. ASICS will bear the cost of returning the Products if Customer uses the postal return service and procedure as set out in the returns policy. Otherwise, the Customer will have to bear the direct cost of returning the Products in-store.
12.7. The Customer is only liable for any diminished value of the Products resulting from the handling of the Products, other than what is necessary to establish the nature, characteristics and functioning of the Products.
13. DEFECTIVE PRODUCTS
13.1. ASICS shall deliver the Products to the Customer which Products shall be in conformity with the Contract of Sale of sale for the relevant Products ("Agreement").
13.2. If the Products purchased by the Customer do not conform to the Contract of Sale at the time the Products were delivered to the delivery address in the Order or picked up at an ASICS Store, ASICS shall be liable to the Customer, subject however to meeting the requirements for such under the applicable law.
13.3. In the case of a lack of conformity, the Customer shall be entitled to have the Agreement rescinded.
13.4. In case of rescission of the Agreement, ASICS may ask the Customer to return the Products before ASICS can process the refund. For information on how to return the Product to ASICS please refer to the return form provided when the Product was delivered. Once ASICS receives the Product and confirms that there is a lack of conformity, ASICS will process the refund. The Customer will receive an email notification when ASICS has finished processing the return.
13.5. ASICS shall reimburse to the Customer all payments received from the Customer, including the cost of the Product and excluding delivery charges and the shipping costs for returning the Product, without undue delay. ASICS will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction, unless expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of such reimbursement.
13.6. ASICS shall only be liable where the lack of conformity exists at the time of delivery of the Products
13.7. ASICS cannot be held liable or responsible for damage that occurs due to the fact that the Product is not maintained in accordance with the maintenance instructions, or is not used in accordance with the use instructions, or if the Product is used for another purpose than for which it was sold.
13.8. To the fullest extent permitted by law, ASICS will not be liable for damage that results from the lack of conformity, to the extent that such damage constitutes: indirect damage, consequential damage, loss of profit or income, loss or business opportunities.
13.9. However, in deviation of the above, ASICS does not exclude or limit our legal liability hereunder in the event of the death or personal injury to You resulting from an act or omission of ASICS.
13.10. ASICS would like to remind You that You have legal rights under applicable national legislation governing the sale of the consumer goods and those rights are not affected by the Terms of this certificate of conformity.
14. PERSONAL DATA
15. APPLICABLE LAW
15.1. All legal relationships between ASICS and the Customer are governed by the laws of Thailand.
15.2. The contract (to which these Terms are applicable) can be entered into in the following languages: English.
16.1.If ASICS made any error with respect to the Order, if the Customer has complaints, or if the Customer would like to contact ASICS for other reasons, please contact ASICS immediately at email@example.com and we will be happy to assist. Our normal business hours are 9:00 to 17:00 GMT +7, Monday through Friday. ASICS is registered in the Department of Business Development of Thailand under registration number 0105559058687
17. GEL-1090™ Promotion
[UPDATE] Due to the continuing uncertainty and travel restrictions on certain countries including South Korea due to the current outbreak of coronavirus disease (“COVID-19”), ASICS' KARD 'live' event in Manila that was originally scheduled in April 2020 has been postponed (“Decision”). The safety and well-being of our customers, regional ambassadors - KARD, KARD's fans, invited artists and staff are of great importance to us and we have made this Decision after much consideration and deliberation. Furthermore, the Decision was also taken following the Advisory of the Philippines’ Department of Health urging the public to avoid/cancel events that draw a huge number of attendees. We value your support on our Decision. We are working actively on the rescheduling of the KARD live event and will provide an update to our selected winners via email as soon as possible to confirm the details of the same. Once again, we thank you for your patience and cooperation and we apologise for any inconvenienced caused.
17.1 #FINDKARD INSTAGRAM CONTEST
17.1.1 The above Instagram contest (“Instagram Contest”) is organized by ASICS (Thailand) Company Limited (hereinafter referred to as “ASICS”)
17.1.2 Participants must be at least eighteen (18) years of age to participate in the Instagram Contest and must be Thai residents only
17.1.3 How to participate the Instagram Contest, Participants shall:
(a) Follow the hidden tags on the Instagram game “@FIND_KARD” (“Instagram Page”) to locate a winning code;.
(b) Make the right decisions to avoid dead-ends;(c) Upon locating the winning code from the Instagram game (https://www.instagram.com/find_kard), Participants are required to key in the winning code on https://www.asics.com/th/en-th/mk/gel-1090
17.1.4 Upon completion of the Instagram Contest, Participant will receive a winning entry to stand a chance to win one (1) of the two(2) prizes (collectively referred to as “Prizes”) namely:
- A pair of tickets to catch KARD ‘live’ in Manila, Philippines and 2 pairs of GEL-1090 shoes (“Grand Prize Winner”)
- 15% off promo code applicable for GEL-1090 items on https://www.asics.com/th/en-th and/or selected ASICS stores & participating stores
Grand Prize Winner
(A) (a) The 1st submission will be selected as The Grand Prize Winner & shall receive an “All-expense-paid tickets to catch KARD live in Manila, Philippines” (“Trip Prize”)* which consist of the following : -
(i) Two (2) return flight tickets for adults to Manila, Philippines in an airlines chosen by ASICS;
(ii) One (1) night accommodation in a hotel chosen by ASICS; and
(iii) Two (2) entry passes to catch KARD live in year 2020 in Manila, Philippines.
(iv) Two (2) pairs of GEL-1090 shoes
*The Prize excludes any other expenses including but not limited to insurance, transportation, food and beverages
(b) A winner’s agreement and Waiver, Indemnity and Release of Liability Forms are required to be signed off and abided by the Selected Grand Prize Winner prior to the trip.
(c) ASICS shall contact the 1st submission as the Grand Prize Winner by email 18 March 2020. Upon notification to the Grand Prize Winner, Grand Prize Winner shall confirm their attendance by 31st March 2020 failing which the Trip Prize will be irrevocably forfeited without any liability on the part of ASICS.
Fifteen percent (15 %) off promotion code
(B) (a) The fifteen percent (15%) off promotion code (“Promotion Code”) is valid for the first fifty (50) redemptions. The Promotion Code is valid for one (1) time use only. The Promotion Code is applicable on GEL-1090 on https://www.asics.com/th/en-th only.
(b) Fifteen percent (15%) off Promotion Codes will be mailed via postage to the first two hundred (200) winners. Promotion Code is valid for GEL-1090 only with no minimum spending redeemable at participating retail stores. Promotion code is valid from 1st March 2020 to 30th April 2020.
17.1.5 The Instagram Contest commences on 1st March 2020 and closes on 14th March 2020.
17.1.6 Multiple entries within each Instagram Contest redemption will be considered as one entry.
17.1.7 The Prize is not transferable or exchangeable for cash or any other items.
17.1.8 ASICS’s decision in respect to the Instagram Contest shall be final and no correspondence shall be entertained.
17.1.9 ASICS has sole discretion to amend the Terms and Conditions herein stated at any time and to exclude any person/ participant from participating in the Instagram Contest without any obligations to furnish any notice and/or reason to the person/ participant.
17.2.10 The Prize which is unclaimed after 2 months of the announcement of the Winner shall be donated to charity.
Personal Data Protection
17.1.10 “Personal data” means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which the organization has or is likely to have access.
17.1.11 When participating for the Instagram Contest, a Participant will provide us with his or her personal data and agree to: (i) provide true, accurate, current and complete personal data about himself/herself (the “Personal Data”) and (ii) maintain and promptly update the Personal Data provided to ensure it stays true, accurate, current and complete.
17.1.12 If the Participant provides any information that is untrue, inaccurate, not current or incomplete or if ASICS has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ASICS may suspend or terminate the Participant’s participation.
17.1.13 By participating in this Instagram Contest, all Participants hereby consent to ASICS collecting, using and/or disclosing the personal data for the following purposes:
(a) to communicate with the Participants for the purposes related to the collection of the Prizes; and
(b) to conduct and manage the Instagram Contest, including for matters relating to promotional and the marketing of the Instagram Contest
17.1.14 Participant may withdraw his or her consent to the collection, use, and/or disclosure of his or her personal data by ASICS. However, depending on the nature of such withdrawal, a withdrawal of consent could result in the inability of ASICS from allowing you to participate in the Instagram Contest. In all situations of a withdrawal, we will inform you of the legal consequences of such withdrawal.
17.1.17 By participating in the Instagram Contest, you certify and confirm that you have read and agree to the terms and conditions provided above
18.PRE-ORDER ASICS METARACER CAMPAIGN TERMS & CONDITIONS
Please read terms & conditions carefully
1. The above Pre-Order ASICS METARACER Campaign (“Campaign”) is organized by Asics (Thailand) Co., Ltd. (“ASICS”)
2. In order to participate in the Campaign to pre-order a pair of ASICS METARACER shoes (“Pre-Order”), participant (“Participant”) must be at least eighteen (18) years of age and complete the registration of this Campaign via the following link:-
3. Participants below the age of 18 years must seek parental or legal guardian consent before entry into this Campaign.
4. Each Participant shall be entitled to one entry.
Any Participant who have duplicated registration will be disqualified.
5. The Campaign commences on 28 July 2020 and closes on 31 July 2020
6. Participants who complete the registration of this Campaign and fulfil the requirements set forth herein shall be notified by email by ASICS on or before 5 August 2020 and Participants are required to confirm their Pre-Order by replying to the email before [DATE]. Do note that the registration of this Campaign is a pre-order arrangement and in order to purchase the ASICS METARACER shoes, Participants are required to visit ASICS’ stores on 19 August 2020 by showing the email confirmation sent by ASICS. Upon successful purchase of the ASICS METARACER shoes by a Participant, the Participant shall be entitled to receive a free gift which consist of an ASICS T-shirt (“Free Gift”). The quantity of the Pre-Order in this Campaign and Free Gift is on “first-come, first served” basis and also subject to stock availability.
7. In the event if a Participant fails to reply the email before 10 August 2020, the Pre-Order will be irrevocably forfeited without any liability on the part of ASICS.
8. ASICS reserves the right to change the terms and conditions herein stated at any time and to exclude any person/ Participant from participating in the Campaign without any obligations to furnish any notice and/or reason to the person/ Participant.
Personal Data Protection
9. “Personal data” means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which the ASICS has or is likely to have access.
10. When participating in the Campaign, Participant will provide ASICS with his or her Personal data and agree to: (i) provide true, accurate, current and complete Personal data about himself/herself and (ii) maintain and promptly update the Personal Data provided to ensure it stays true, accurate, current and complete.
11. If a Participant provides any information that is untrue, inaccurate, not current or incomplete or if ASICS has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ASICS may suspend or terminate the Participant’s participation of this Campaign.
12. By participating in the Campaign, Participants hereby consent to ASICS collecting, using and/or disclosing the Personal Data for the following purposes:
(a) to communicate with Participants for the purposes related to the Pre-Order; and
(b) to conduct and manage the Campaign, including for matters relating to promotional and the marketing of the Campaign
13. Participant may withdraw his or her consent to the collection, use, and/or disclosure of his or her Personal Data by ASICS. However, depending on the nature of such withdrawal, a withdrawal of consent could result in the inability of ASICS from allowing Participant to participate in the Campaign. In all situations of a withdrawal, ASICS will inform Participant of the legal consequences of such withdrawal.
16. By participating in the Campaign and clicking “ACCEPT” button on the campaign link, Participants certify and confirm that they have read and agree to the terms and conditions provided above.