TERMS AND CONDITIONS FOR ONLINE PURCHASE

In these terms and conditions, the "Company" (=Nan Waree, owner Mok Muan Tours) and the "Customer" (= any person, firm, company, or body which places an order with the Company). Please read these terms and conditions carefully before using the site. By using the site or any part of it, you agree that you have read these terms and conditions and that you accept and agree to be bound by them.  

Please read the terms marked in GREEN in the GENERAL section (for transportation services).

Please read the terms marked in BLUE in the GENERAL section (for tour packages).
 

GENERAL

  • 1. You agree that the company reserves the right to amend these terms and conditions at any time, in the company’s sole discretion, by posting any such amendment(s) to the company’s website without prior and separate notice.
  • 2. Your continued use of the site or any part of it after an amendment to these terms and conditions is posted will be deemed as full knowledge and acceptance of the revised terms and conditions. If you do not agree to any such amendment(s), your sole recourse shall be to cease using the site.
  • 3. You agree and undertake NOT to (I) post, promote, or transmit any materials or information through the Site which are or may be offensive, indecent, defamatory, or which may not be lawfully disseminated under applicable laws or which you know or have reason to suspect contains any viruses or damaging components which may detrimentally interfere with the Site or the operation of the Site; (II) use the Site other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards, and any other applicable laws, or view, listen to, download, print or use the materials other than as allowed under applicable laws; or (III) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity.
  • 4. Any feedback, comments, or suggestions “submission” you may provide regarding the services is entirely voluntary and we will be free to use such submission as we see fit and without any obligation to you. By making a submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such submission throughout the world in any media. You also grant us the right to use the name you submit in connection with such submission.   
  • A driver or guide is available for the agreed-upon time, but a working day can not be prolonged longer than 12 hours maximum.
  • If the customer wants to use the agreed-upon service longer than expected then there will be an agreed-upon extra cost.
  • Time management: the clock starts running when the first customer is picked up at the agreed-upon location. If the customer booked an 8-hour flat rate, then this would mean that the driver stops working after 8 consecutive hours. Please keep in mind that customers can ask the driver to take a break, but this doesn't mean that the customers' time isn't running anymore.             ➡️ An example to make it easy to understand & avoid miscommunication 8-hour flat rate starts at 10 am and stops at 6 pm, any extra time needs to be paid extra after that. ➡️ A day starts at 10 am and you asked the driver to take a break at 2 pm, and come back at 4 pm = the customer used 6 hours already, not 4. 
  • Tour packages need to be fully paid (100%) before joining the activity. 
  • Coupons or vouchers from our partner (SukiShake) can only be used after completing the tour package.
  • 50% of the total amount will be paid back if the tour is canceled 7 days in advance of the tour package, start date.
  • A free smoothie bowl can only be received at SukiShake with a valid voucher or coupon provided by Mok Muan Tours and must be used within the expiry date. 


 

INTELLECTUAL PROPERTY

  • 1. You acknowledge that the Services contain information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. You acknowledge that all such content is proprietary to the company and/or our suppliers. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content, in whole or in part.
  • 2. Nothing in the Terms gives you a right to use the company’s name or any of the company’s trademarks, logos, domain names, and other distinctive brand features, and you may not use the same without our express written permission.
  • 3. Permission will only be granted to you to download, print or use the materials for personal and non-commercial uses, provided that you do not modify the materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the materials.
  • 4. Use of the services and content by third parties – even of extracts – for the commercial purposes of offering goods and/or services– is not permitted. Infringements may be subject to legal action.  



PRICE AND PRODUCT

  • 1. The Company shall make every effort to ensure that prices, details, and sizes of cars on this website are up to date. Prices are subject to change without prior notice and all orders are subject to the company's acceptance at its sole discretion and stock availability.
  • 2. The Company shall make every effort to ensure products displayed on the website are in stock. If from time to time car becomes out of stock, the company reserves the right to offer alternative product/s to the customer of similar value and range or hold the entire order until the out-of-stock product is available again before delivering the order to you.
  • 3. The prices charged are those applicable on the day your order is confirmed.
  • 4. All orders are subject to confirmation of final availability and the Company reserves the right to reject the order in the event that any of the car or services requested are unavailable. In the event that we are unable to fulfill any of the car or services in your order, we will notify you by email.
  • 6. All pictures and images of the cars displayed on this site are for illustration purposes in order to help the customer to recognize the products only. The actual style, dimensions, and color of the products may differ.
  • 7. It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.  



REGISTRATION AND ACCOUNT SECURITY

  • 1. Customer is required to register before placing any order through this website. During the registration:
  • 2. You must provide us with accurate, complete, and up-to-date registration information.
  • 3. You authorize us to assume that any person using the site with your username and password is either you or is authorized to act for you.
  • 4. You are responsible for safeguarding your username and password that you use to access the Services and for any activities or actions under your password. The company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
  • 5. The company has the absolute discretion to refuse the registration of a potential customer and to terminate the registration of any customer for any reason whatsoever.
  • 6. Customer must inform Nan Waree, or self-update on the website, immediately of any changes to the profile information that you provided so that we can communicate with you effectively.
  • 7. Customer shall be liable for every order made under your login and agrees to indemnify the company for all claims, and damages whatsoever made by any third party arising from the actions of a person placing orders through this website using your login.
  • 8. Should you find any unauthorized use of your login, you shall notify the company immediately and effectively.  



ONLINE ORDER

  • 1. Once you have selected a product that you wish to order via the website you will then be shown the charges you must pay including taxes, if applicable, and any applicable delivery charges.
  • 2. Payment can be made via credit card, pay pal, or bank transfer. For payment via credit, the customer shall pay for the order in full at the time of ordering by supplying us with your credit card, details, which we require in order to process your order. For payment with bank transfer, the customer must make payment within 2 days of placing the order, using the correct pay-in-slip and reference numbers. If the bank transfer payment is not received within the allotted time frame the order will be automatically canceled. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event, we shall not be bound to supply before we have received cleared funds in full. The credit card account or member account must have sufficient funds or member points to cover the proposed payment to us. Depending on the results of a credit check, we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment.
  • 3. When you submit an order to the site, you agree that you do so, subject to the current Terms and Conditions at the date you submit your order. You are responsible for reviewing the latest Terms and Conditions each time you submit your order.
  • 4. We shall not be obliged to supply the product to you until we have accepted your order. An order shall be formed and we shall be legally bound to supply the product to you when we accept your order. Acceptance shall take place when we expressly accept your order by email to you, in the form of an email document called "order confirmation" stating that we are accepting your order.
  • 5. Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order.

 

CANCELLATION

  • 1. The Company may cancel an order if the product is not available for any reason or any other reasons which caused an order not able to be fulfilled. We will notify you if this is the case.
  • 2. All cancellations of orders made by Nan Waree will be refunded in the same form that the payment was made.
  • 3. You are not allowed to cancel the order once an order confirmation is issued. If you wish to seek further information or assistance, kindly contact our customer service.  

  • Cancellation period:
  • 6 days before departure (non-refundable)
  • 7-15 days before departure: 50 % of the total purchase amount can be refunded.
  • 16-24 days before the departure date: 75 % of the total purchase amount can be refunded.
  • 25 days before the departure date: 100 % of the total purchase amount can be refunded.
  • In the case of Covid: a full cancellation is possible but only with a letter from an official department claiming you have Covid, which will be used in the bookkeeping by the accountant.

 

PAYMENT 

  • 1. We accept payment by:
  •        a. Creditcard: Visa, MasterCard, Pay Pall
  •        b. Bill Payment via a Thai bank
  •        c. Cash On Delivery
  •        d. LINE Pay
  • Nan Waree shall not be liable for any credit card fraud. The customer is liable for any and all bank transfer or bill payment charges.
  • 2. All product prices listed are in Thai Baht and already include VAT.
  • 3. Bill payment via bank payments must be received within 2 days of placing the order, using the correct pay-in slip and reference numbers. If Premium Organic Thailand does not receive a payment within this time the order will be automatically canceled and the customer will be informed.
  • 4. The Company may from time to time set credit limits for individual customers and the company reserves the right to limit sales including the right to decline sales to any customers.
  • 5. Full payment in respect of an order must be made upon the placing of the order and cannot be split across various payments. If your payment cannot be processed, the order will not be accepted and you are advised to contact your card issuer to resolve any problem concerning the use of your credit card in order to continue with the order.
  • 6. We reserve the right to change the payment terms for any order without prior notice.
  • 7. We reserve the right to change the payment mode for products offered online at any time by announcement via the website, email, and any other means of public communication.
  • 8. If payment for any order has already been made but the order is not accepted by us, you will be entitled to a refund via the same method as payment was made. We shall not be liable with respect to any loss, damage, cost, or expense that you or any person may incur as a result of any delay in processing the said refund.
  • We request a 30% deposit to confirm any trip made with Mok Muan Tours through any of the channels, Facebook, Website, SMS, WhatsApp, and other possibilities. 

 

FORCE MAJEURE

We shall not be liable for any breach of our obligations under this agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, exceptionally severe weather, strike, lock-out, labor dispute, the act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events). Mok Muan (Nan Waree) reserves the right to reject or cancel any transaction in particular circumstances e.g., discontinued product, out of stock, unable to fulfill the substituted product, excessively return the order, excessively reject the delivery attempts, etc. regardless.   

DATA PROTECTION

Kindly refer to our privacy policy which forms part of these Terms and Conditions.  

APPLICABLE LAW

  • 1. The Terms of use and the provision of our services shall be governed by and construed in accordance with the laws of Thailand without reference to Thailand's conflict of laws rules, and any dispute arising out of the Terms of Use and our services shall exclusively be submitted to the competent courts in Thailand. Failure by us to enforce a right does not result in a waiver of such a right. You may not assign or transfer your rights.
  • 2. We may amend the Terms of Use at any time by posting a variation on the Site. The latest version of the Terms of Use will supersede all previous versions.



DISCLAIMER

    • 1. By accessing and using Nan Waree website, you acknowledge and accept that the use of the site is at your own risk. Subject to any rights you may have under any consumer protection law and to the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damage or for damages for lost profits or for loss of revenue arising out of any use of, access to, or inability to use the site. Without limiting the foregoing:
    • 2. This site and all information and materials contained in it are provided “As Is” Without any warranty of any kind either express or implied including but not limited to any implied warranties or implied terms as to title, quality, merchantability, fitness for purpose, privacy or non - infringement. We have no liability or responsibility for any errors or omissions in the contents of the site.
    • 3. We assume no responsibility and shall not be liable (to the extent permitted by law) for any damage or injury arising out of any use of or access to the site/catalog, or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation loss of data or compatibility problems), theft, destruction or alteration of the site, whether for breach of contract, tortious behavior, negligence or, under any other cause of action resulting directly or indirectly from any access or use of the site/catalog, or any uploading, downloading or publication of data, text images or other material or information to or from the site.
    • 4. Nan Waree may suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance, or upgrades, and shall not be liable to you for any such suspension.
    • 5. Nan Waree reserves the right to make any changes to the website or to discontinue any aspect or feature of the website without notice.