Terms & Conditions

1. Introduction
   1. These are the terms of use and sale (the ?Terms?) for customer use of the sites owned, controlled and managed by Sports Engineering and recreation Asia Ltd. (?SEARA?) including searasports.com (the ?Website?). SEARA may add additional sites from time to time and these Terms will govern those new sites when added. The Terms shall be effective on 18 May 2022. These Terms apply exclusively between SEARA and any person placing an order on the Sites, (hereinafter referred to as the ?Customer? and collectively with SEARA, the ?Parties?). SEARA is the owner of and has rights to manage the Sites. Using the Sites shall comply with these Terms which the Customers should carefully read. Anyone who accesses or uses the Sites shall be deemed to accept these Terms.
   2. These Terms govern and apply to anyone accessing or using the Sites and the relationship between the Parties and the supply of any product on the Sites (hereinafter referred to as the “Product”) to the Customer.
   3. Without prejudice to any other provision in these General Conditions, by using the Website or purchasing any product, customer represent, warrant and undertake (1) to accept, comply with, and be bound by these General Conditions; (2) that customer are over 18 years of age and have the legal capacity to abide by these General Conditions; and (3) to comply with all applicable laws, regulations and rules in relation to customer access to and use of the Website.
   4. These General Conditions shall prevail notwithstanding any amendments by the Customer. Any amended conditions submitted, proposed or stipulated by the Customer, regardless of whether SEARA has objected to them explicitly, are expressly waived and excluded.
   5. SEARA reserves the rights to amend, modify, update, change or otherwise alter these General Conditions at any time. Customer is advised to read these General Conditions carefully and to check regularly for any updates, changes or modifications. As these General Conditions will govern all Orders, please review these General Conditions each time customer place an Order. If customer does not agree to any change, update or modification to the General Conditions, customer must immediately stop using the Website.
2. SEARA Products
   1. The images of the Products on the Website are for illustrative purpose only, although SEARA has made every effort to display the colors accurately, SEARA cannot guarantee that customer computer?s display of colors accurately reflect the color of the Products. Products purchased may vary slightly from those images.
   2. SEARA has made every effort to ensure that (1) all information published on the Website in relation to the Products is accurate, (2) the Website is updated regularly and (3) errors are corrected within a reasonable time of discovery. However, any such content that may be inaccurate or out of date at any given time, SEARA reserves the right to make changes to the Website at any time including the Products, prices, specifications, descriptions, offers and availability.
   3. The packaging of the Products may vary from that shown on images on the Website.
3. Cancellation Policy
   1. If the customer orders status changes to “Paid”, SEARA cannot cancel the order.
   2. Customer can request to cancel the order by contact details below :
      • Office Hours Monday – Sunday 9.00 AM – 5.00 PM
      • Tel : +6621851921-4
      • Line OA : @Searasupport
      • Email : contact@searasports.com
4. Return Policy
   Products can be returned to SEARA and customer may receive full refund subject to the following conditions:
   1. In the event of Products found defected; Customer must contact us on Line OA: @Searasupport or Email: contact@searasports.com for defective verification process. If the Products are verified and the defect is found, SEARA will be responsible for the cost of returning such defected Product at its own cost.
   2. SEARA will be responsible for the cost of returning the defected Products. In the case a defective piece cannot be serviced or a replacement product cannot be delivered immediately or within a reasonable amount of time, customers will be refunded within thirty (30) days after the defective verification process.
5. Refund Policy
   1. SEARA will offer customer a refund based on customer?s original mode of payment.
6. Delivery Policy
   1. SEARA will arrange delivery after customer confirms order and payment process in our website.
   2. Estimated delivery dates of the Products will be indicated on the Dispatch Confirmation but the estimated delivery dates serve as a guide only and shall not be binding to SEARA.
   3. SEARA shall contact customer if an estimated delivery date cannot be met but SEARA shall in no circumstances be liable to customer for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
   4. The Products shall be packaged in accordance with SEARA?s standard packing procedures, SEARA reserves the right to accommodate any specific packing instructions and in such cases.
   5. Products will be dispatched from SEARA?s Regional Distribution Center. SEARA is free to choose the carrier, the forwarding company and the means of transport.
   6. As the risk of accidental loss of the Products purchased passes to the Customer upon SEARA?s issue of Dispatch confirmation, even if delivery is made carriage paid, SEARA is not obliged to insure the Products, or to insure the Products against damage in transit.
   7. Unless otherwise agreed by SEARA, SEARA will deliver products to the delivery address provided by customer based on Order Confirmation. On delivery, customer will be required to sign for delivery and if no-one is available to take delivery of the products; SEARA appointed carrier may leave a card giving customer instructions on either re-delivery or collection from the carrier.
   8. Delivery Fee is subject to weight, size and the distance of the orders according to the details mentioned on website.
7. Product Warranty
   1. The detail of product warranty is subject to type and brand. The details of warranty are mentioned in the website.
8. Access to the Website
   1. Access to the Website
      1. Access to the Website is made available free of charge.
      2. SEARA does not guarantee that the Website or any content on it will always be available or uninterrupted. Access to the Website is permitted on a temporary basis and SEARA reserves the right to suspend, withdraw, discontinue or change all or any part of the Website without notice. SEARA will not be liable to customer if for any reason the Website is unavailable at any time or for any period. Besides, SEARA reserves the rights to refuse or limit the accessing to the Website of anyone or from any IP address without advance notice.
   2. Use of Website
      1. Unless otherwise specified, the Website is solely for customer personal and non-commercial use and customer agree that customer are only authorized to visit, view and retain a copy of any information or services obtained from the Website for informational use. Customer understand and agree that customer is strictly prohibited from duplicating, adapting, modifying, commercially distributing, publishing, licensing or selling any information, material or services obtained from the Website.
      2. Customer may not use the Website:
         (a) In any way that breaches any applicable law, regulation or rule;
         (b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
         (c) To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or
         (d) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
   3. Member Account and Password
      1. If customers choose to create an account on the Website, Customer must complete the registration process by providing SEARA with current, complete and accurate information. Customer is responsible for all use of customer?s account and for keeping user name and password confidential.
      2. Customer agrees to notify SEARA immediately if customer knows of or suspects any unauthorized use of customer account or any other breach of security.
      3. Please refer to our ‘Privacy Policy’ for information on how SEARA uses customer data ?Privacy Policy?
   4. Content
      1. All information, text, descriptions, data, graphics, images, logos, illustrations, designs, icons, video clips, audio clips, sounds, files, specifications, advertisements, titles, names, intellectual property rights and any other information provided on the Website (hereinafter referred to as the “Content”) is owned by SEARA, its associated companies and/or a third party (which may be indicated by a link to or from an external source, or otherwise).
      2. Content on the Website is for general information purposes only and is not binding on SEARA in any way except to the extent that it is specifically indicated to be so. It is not intended to amount to advice on which customer should rely. Customer must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the Website.
      3. The use of and reliance on any Content on the Website is at customer own risk and under no circumstances will SEARA be liable for any Content or for any loss or damage of any kind suffered as a result of customer use or reliance of any Content made available on the Website.
      4. SEARA makes no representations, warranties or guarantees whether express or implied that the Content on the Website is accurate, complete or up-to-date. SEARA reserves the right, in its sole discretion, to amend, modify, update, change or otherwise alter the Content at any time without providing notice to customer.
      5. The Website may include links to third party websites that let customer leave the Website. These linked sites are not under the control of SEARA and SEARA is not liable or responsible for the accuracy, completeness, timeliness or availability of any third party Content. Links to any third party websites are provided for customer convenience only and the inclusion of any link does not imply endorsement by SEARA of the website. Customer use of such third party website is at customer own risk and may be subject to that third party’s terms and conditions.
   5. Intellectual Property Rights
      1. SEARA and/or its associated companies are the owner(s) or the licensee(s) of all intellectual property rights in the Website such as message, article, picture, such intellectual property rights shall include but are not limited to copyrights, trademarks, industrial design rights, patents, know-how, privileged or similar information, whether registered or not, as well as all other rights related to SEARA or its associated companies? trademarks, Products or business activities.
      2. Except as expressly permitted by SEARA, customer may not use, reproduce, copy, modify, publish, transmit, distribute, display, download, licenses, transfer or sell any Content.
   6. User-Generated Content
      1. SEARA does not claim ownership of the content customer provides to SEARA (including comments, feedback, ratings, suggestions) or post, upload or submit to the Website for review by the general public, or by the members of any public or private community (collectively, “User-Generated Content”)
      2. Any User-Generated Content posted, uploaded or submitted on the Website will be considered non-confidential and non-proprietary and SEARA will be permitted to use, copy, distribute, reproduce, publish, sublicense and otherwise disclose to third parties such User-Generated Content for any purpose without providing notice to customer.
      3. SEARA has the right to disclose customer identity to any third party who is claiming that any User-Generated Content posted or uploaded by customer to the Website constitutes a violation of their intellectual property rights, or of their right to privacy and SEARRA will not be responsible, or liable to any third party, for the User-Generated Content or accuracy of any User-Generated Content posted by customer or any other user of the Website.
      4. Customer agrees that any User-Generated Content that customer posts, uploads or submits to the Website:
         (a) is accurate (where they state facts);
         (b) is genuinely held (where they state opinions); and
         (c) Complies with applicable laws in the country from which they are posted.
      5. Customer agrees that customer shall not post, upload or submit to the Website, any User-Generated Content that:
         (a) is not related to appropriate subject matter;
         (b) is misleading to others;
         (c) Contains viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful;
         (d) infringes on any third party intellectual property rights;
         (e) is unlawful, harmful, threatening, abusive, vulgar, obscene, defamatory, pornographic, indecent, hateful, offensive, or racially, ethnically or otherwise objectionable;
         (f) promotes violence;
         (g) promotes any illegal activity;
         (h) is likely to deceive any person;
         (i) is in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
         (j) advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse;
         (k) Intentionally or unintentionally breaches any applicable local state, national or international law, regulations or rules.
      6. Customer has the right to remove any User-Generated Content which customers have posted, uploaded or submitted.
      7. The User-Generated Content does not represent SEARA?s views, opinions, advice, values or beliefs and SEARA makes no claim of accuracy of any such User-Generated Content.
      8. SEARA will determine, in its own discretion, whether there has been a breach of this Clause 7 through customer use of the Website and reserves the right to take any such action as SEARA deems appropriate, including but not limited to the following actions:
         (a)immediate, temporary or permanent removal of any User-Generated Content from the Website at any time and for any reason;
         (b) immediate, temporary or permanent withdrawal of customer right to use the Website;
         (c) issue of a warning to customer;
         (d) legal proceedings against customer for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs) resulting from the breach; or
         (e) further legal action against customer.
9. Disclaimer and Limitation of Liability
   1. SEARA assumes no liability or responsibility for
      (a) errors, mistakes or inaccuracies of the products, content, user-generated content, services or any other information or material set out or made available through the website,
      (b) any unauthorized access to or use of secure servers (whether provided by SEARA directly or by third parties appointed by SEARA) and/or any and all personal information stored therein,
      (c) any property damage of any nature whatsoever resulting from a customer?s access to or use of or reliance on any products, content, user-generated content, services or any other information or material set out or made available through the website or any linked third party website(s),
      (d) any interruption the website or any linked third parties website(s),
      (e) any viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer software or hardware transmitted through the Website or any linked third party website(s) and/or
      (f) any errors or omissions in the content, user-generated content, information or material set out or made available through the Website (including but not limited to third party website(s)) or for any loss or damage of any nature incurred as a result of the use of or reliance on any of the foregoing.
   2. These general conditions set out the full extent of SEARA?s obligations and liabilities in respect of the supply of the products and there are no warranties, conditions or other terms that are binding on SEARA except as expressly stated in these general conditions.
   3. Without prejudice to any other provision in these general conditions and except to the extent required by law, the maximum aggregate liability of SEARA, SEARA?s employees, officers, sub-contractors or agents for any act or omission, whether in contract, tort (including negligence) or otherwise in relation to these general conditions shall in no circumstances exceed the amount payable by customer to SEARA in respect of the product(s) in question.
   4. SEARA shall not be liable to the Customer for:
      1. Any indirect, special or consequential loss or damage;
      2. Loss of data or other equipment or property;
      3. Economic loss or damage;
      4. Any liability incurred by the customer for loss or damage of any nature whatsoever suffered by third parties (including in each case, incidental and punitive damages);
      5. Any loss of actual or anticipated profit, use, opportunities, interest, revenue, anticipated savings, businesses or damage to goodwill, even if SEARA is advised in advance of the possibility of such losses or damages.
   5. SEARA shall not be liable for losses arising from the Customer?s subsequent misuse of the products including but not limited to:
      1. Fair Wear and Tear;
      2. Willful damage, abnormal storage or working conditions, lack of proper maintenance, accident, negligence by the Customer or by any third party;
      3. Failure to install, operate or use the products in accordance with the user instructions, specifications or conditions or conditions made available to the customer by SEARA; or
      4. Any alteration or repair by the Customer or a third party who is not one of SEARA’s authorized repairers.
   6. Any products, content, user-generated content and services made available or obtained through the website or any linked third party website is done at the Customer’s own discretion and risk and the Customer shall be solely responsible for any damage to their computer system or electronic device, or any loss of data that results therefrom.
   7. Use and reliance upon any and all of the products, content, user-generated content is at the Customer?s own discretion and risk and is made available on an “as is” and “as available” basis. Except as may expressly be stated herein, SEARA makes no warranties or representations about the accuracy or completeness of the products, content, user-Generated content, services or any other items of the products, content, user-generated content, services or any other items or materials made available or linked to from the Website.
10. Force majeure
    1. A “Force Majeure Event” means any cause which is not reasonably foreseeable and is beyond the reasonable control and not due to the fault or negligence of the Party affected (including its subcontractors, if any) and which could not have been avoided by due diligence and the use of reasonable efforts. A Force Majeure Event includes, without limitation, Acts of God, drought, flood, earthquakes, storm, fire, lightning, epidemic, war, riot, civil disturbance, sabotage, explosions, strikes, or labor disputes (excluding any strikes, labor disputes or other labor difficulties in which the employees of the affected Party (or its subcontractors, if any), are involved) and changes in law. A Force Majeure Event includes the failure of a subcontractor to furnish labor, services, materials or equipment in accordance with its contractual obligations only if such failure is itself due to a Force Majeure Event.
    2. SEARA shall not be liable for failure or delay in performing any of its obligations under these General Conditions to the extent that the failure or delay is due to a Force Majeure Event PROVIDED ALWAYS THAT:
       1. as soon as reasonably practicable upon knowing that it will not be able to fulfil its obligations, it notifies the Customer; and
       2. No obligations of SEARA which arose before the occurrence of the Force Majeure Event causing the suspension of performance are excused as a result of the occurrence.
    3. Where the Force Majeure Event affects SEARA?s delivery of Products to the Customer, SEARA will arrange a new delivery date with the Customer after the Force Majeure Event is over.
11. Communication
    For all Customer related enquiries, refer to the ‘Contact Us’ page.
12. General Legal Provisions
    1. Assignment the Customer shall not, without the prior written consent of SEARA, assign, transfer, charge or otherwise deal in any other similar manner with all or any of its rights under these General Conditions, subcontract any or all of its obligations under these General Conditions, or purport to do any of the same
    2. Remedies and Waivers No failure on the part of SEARA to exercise, and no delay on its part in exercising, any right or remedy under these General Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights provided in under these General Conditions are cumulative and not exclusive of any rights or remedies provided by law. If SEARA does waive a default by the Customer, it will only do so in writing.
    3. Entire Agreement The illegality, invalidity or unenforceability of any provision of these General Conditions under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
    4. Language These General Conditions are rendered in two languages, a Thai version and English version. In the event of any inconsistency or ambiguity between the English and Thai version, the Thai version shall prevail.
13. Governing Law
    These General Conditions shall be governed by and construed in accordance with the law of Kingdom of Thailand and the courts of Kingdom of Thailand shall have exclusive jurisdiction.