We, The Soda Company would like you to be familiar with our trading terms & ensure that your experience is a fabulous one. Please feel free to contact our SodaCo team, if you have any further questions via thesodaco@gmail.com

 

1. About The SodaCo

a. Your purchase of goods from www.thesodastore.com (“website”) is subject to these Terms and Conditions of Sale and any Catalogue Terms (collectively referred to herein as “Terms”). If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.

b. www.thesodastore.com is a website operated by The Soda Company Limited (“us”, “our”, “we”, “The Soda Co.,Ltd.”). We are a private limited liability company registered in Thailand and have our registered office at 18/2 Sathorn Soi 13, Yak 6. South Sathorn Road, Sathorn, Yannawa, Bangkok 10120 Thailand.

c. The goods and services described in this website are available from TheSodaCo only.

d. You and The SodaCo may enter into a sale contract for the sale and supply of goods or services described in this website, by you making an offer to The SodaCo via the website, to purchase the goods and services at the specified price, subject to these Terms.

e. The SodaCo logo and words are registered trademarks of Wine Connection Company Limited and used under a limited license by The SodaCo.

f. In these Terms:

• “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website

• reference to a “third party” in these Terms includes a reference to any agent or contractor of Wine Connection, or of any of its related entities, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website, and includes any of them

• a reference to the "website" means www.thesodastore.com

• "Order" means an offer made by you in response to an invitation to treat made by The SodaCo via the website.

 

We reserve the right to revise these Sales Terms from time to time at our discretion. Such revisions will be effective immediately upon publication on this website. We recommend you review the terms for amendments each time you use the website and before placing any Order. By continuing to use this website after such publication, you agree to be bound by these Sales Terms as revised. Any changes to these Sales Terms will apply to any Order you place from the effective date of the change. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or a third party. You should therefore periodically visit this page to determine the current Sales Terms.

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2. User Agreement

a.  By accessing and/or using the website, you accept these Terms and agree to be bound by them, and an agreement is formed between us and you. 

b. These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following any amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the Terms for amendments each time you use the website and before placing any Order. Whilst we are under no obligation to do so, should we choose to provide you with notice of amended Terms, you agree to receive email notification of the amendments from us or our third party.

 

3. Guests and Registered Users

a. You may access and/or use the website as a guest or as a member.

b. To become a member of the website, you must provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details, we may not be able to activate your membership or supply goods or services to you. You agree to keep your membership details current at all times by accessing your account via the website.

c. You will receive an email from us as soon as practicable after you create your membership account.

d. We only permit one registration per email address.

e. You must not use another member’s account without permission.

f. You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorized use of your password or account.

g. If you forget your password you may click on the relevant link located on the website and we will email you a new password or you may contact thesodaco@gmail.com  

h. We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these Terms.

 

4. Legal Capacity

a. You must be twenty (20) years of age or over to register as a member of the website or purchase goods or services from the website.

b. Any Order and/or purchase made by you using this website is an acknowledgement by you that:

• You are over the age of twenty (20) years

• You accept these Terms

• You agree that you have entered into a legal contract with The SodaCo in relation to these Terms

• these Terms, together with your order, constitute the entire agreement between you and The SodaCo for the supply of goods or services

 

The SodaCo reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage of any kind The SodaCo may suffer as a result of a transaction entered into by a minor  

5. Orders

a. We recommend you carefully preview any proposed orders before adding them to your shopping cart and proceeding with your order.

b. Once an order has been accepted by us, no cancellation of that Order is valid unless you receive our written communication permitting the cancelled order. 

c. Representations of goods or services for sale made by us via the website do not constitute an offer to sell but an invitation to treat.

d. You and TheSodaCo may enter into a contract for the sale and supply of goods or services by you making an offer via the website to purchase goods at the price advertised on the website by:  

• Placing an electronic order for the goods or services using the website.

• You confirm the order details in accordance with the procedure on the website.

• You making payment in full (plus any applicable delivery and handling charges) when receiving your parcel.

• You make payment in full (plus any applicable delivery and handling charges) on the website.

• The acceptance of that offer by The SodaCo

 

 When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the good(s) or services only when:  

• any and all requirements set out in these Terms have been met. 

• the electronic instruction containing the offer from you enters and is recorded in our database.

• a record is created and stored in our database.

• The SodaCo receives in its account full payment from you for the goods or services (including any applicable delivery and handling charges) and confirmation of that payment is received by our database. 

• The SodaCo receives in its account full payment from you for the goods or services (including any applicable delivery and handling charges) and confirmation of that payment is received by our courier partner. 

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6. You acknowledge that:

b. the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by The SodaCo for reasons beyond either parties' reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications failure, or the omission or failure of the third party website providers or systems. 

c. to the fullest extent permitted by law, The SodaCo is not liable to you in any way for any loss or damage of any kind, however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason. 

d. The SodaCo may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you. 

e. The SodaCo may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions. 

• You will receive an email from us as soon as practicable after you have confirmed your order and made payment. If you have any questions regarding your Order you may contact our team. Please note this email does not constitute acceptance of your Order by us but merely confirms our receipt of your Order.

• If your Order is not accepted by us, we will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.

• We may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, goods or services on the website, or an error of any kind in or relating to your Order.

• Any representations made at any time about stock availability are accurate to the last known stock level and are subject to change. If we cannot supply particular goods, we will notify you by telephone or email as soon as possible.

• Subject to clause 6, we will be deemed to have accepted your Order on the first to occur of issue to you of a tax invoice for the sale and the fulfilment of your Order.

 

If you have any query about the progress of your Order, please contact our team. Please have your Order number handy as shown on the email confirmation.

 

7. Price

a. Prices shown are in Thai baths and include VAT where applicable. Prices may not include delivery and handling charges. Prices are valid until amended or removed from the website and are subject to change at any time.

b. Each published saving in respect of goods or services is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of The SodaCo.

c. Images of goods shown without any advertised price beside that image are not offered for sale.

d. Unless otherwise stated, accessories shown in any image of goods are not included in the price.

e. We reserve the right to correct any errors published on the website at any time.

 

8. Payment

a. All payments must be made in full prior to delivery, including any applicable delivery or handling charges.

b. Payments must be made via bank transfer and will be subject to any additional terms and conditions of these providers.

c. To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you, where a credit card or payment account is fraudulently used or is used in an unauthorized manner.

d. If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.

 

9. Supply and Delivery

a. Subject to you complying with these Terms and acceptance of your Order by The SodaCo, we will sell and supply the goods or services to you as shown on your Order confirmation.

b. If the goods that you have ordered are in stock we will endeavor to dispatch orders within the same day to three (3) business days (Monday to Friday).

c. Goods may not be available for immediate delivery. We will deliver your Order to you within the same day to seven (7) business days from the date you place your Order. Subjected to availability from the supplier.

d. When you complete your Order you will be prompted to select to have the Order delivered to an address specified by you

e. if  The SodaCo gives you notice that it will be unable to deliver your Order within one (1) to five (5) business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and we will arrange for a full refund of any payment made by you to be processed.

f. Delivery dates are estimates only and we are unable to accept any liability for failure to deliver the goods within the specified time resulting from shipment/delivery delays from our suppliers.

g. If there is no one available to accept delivery on the pre-arranged delivery date, you will be charged for storage, transport and re-delivery costs

h. Should you arrange your own delivery or collection then the goods become your responsibility upon collection from The SodaCo

i. We cannot accept responsibility for delivery failures or delays by our third party delivery contractor.

 

10. Delivery by Post or Courier

a. The terms of this clause apply where you select to have your goods delivered to a specified address.

b. The delivery address must be an address within Thailand and cannot be a freight forwarding location.

c. On acceptance of your Order by us, your Order will be dispatched to your specified delivery address generally within dispatch orders within two (2) to five (5) business days, subjected to the other provisions of these Terms.

d. If you Order large or bulky items, we will contact you by telephone or email to arrange with you a suitable time for delivery.

e. You will be required to be available in person to accept delivery of your Order.

f. If you wish to change the delivery date or delivery address you must contact us at least 48 hours prior to the dispatch of your Order.

g. We will use its reasonable endeavor to deliver your Order within any stated timeframes for dispatch, however The SodaCo does not warrant that these timeframes will always be met, as many factors may affect these timeframes.

h. You must advise at the time you place your Order via the website or later when you discuss delivery with us, of any difficulties that may be involved in the delivery (such as stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.

i. We cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.

j. You are required to inspect your goods when you take delivery of them. You will be required to note any damage on the delivery documentation which is presented to you by the carrier for signature. In all other cases you will be required to notify us in writing of any damage on delivery or shortages within seven (7) days of delivery. We will not be liable for any damage on delivery to any of the goods unless we are notified within the time period specified above.

 

11. Title and risk in goods

Title and risk in goods pass to you on delivery or collection and after full payment has been received by The Soda Co.

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12. Payment fraud

To the fullest extent permitted by law, The SodaCo and its related entities will not be responsible for any damages or consequential losses of any kind (whether direct or indirect) suffered by a user where a bank transfer, credit/debit card, PayPal account or other payment method is fraudulently used or is used in an unauthorized or improper manner.

 

13. Disclaimer and Indemnity

a. To the fullest extent permitted by law (and without limitation to any other provision of these Terms), The SodaCo, and each of its related entities, exclude all liability to you or anyone else for any and all loss or damage of any kind (however caused or arising) relating in any way to the website (or any goods or services purchased on the website) including, but not limited to, loss or damage you might suffer as a result of:

• errors, mistakes or inaccuracies on the website. 

• you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website. 

• personal injury or property damage of any kind resulting from your access or use of the website. 

• any unauthorized access to or use of the website secure servers. 

• any interruption or cessation of transmission to or from the website. 

• any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party. 

• the quality or fitness for any purpose of any linked sites. 

 

b. Without limitation to the foregoing, except as expressly provided in these Terms and to the fullest extent allowed by the law, The SodaCo and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website or any goods or services purchased on it.

c. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the goods or services on the website. Any representation, condition or warranty which might be incorporated into these Terms by statute, common law, the law of equity or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that any goods or services are suitable for your purposes

d. You will at all times indemnify, and keep indemnified, The SodaCo, and each of its related entities, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or any breach of these Terms

 

14. Order Inquiries

If you have any query about the progress of your Order, please contact us. Please have your Order number handy as shown on the email confirmation of your Order.

 

15. Damaged or Faulty Goods

a. If any goods ordered by you arrives damaged or is not of acceptable quality, you may have:

• rights under our Returns Policy.

• to have the damaged goods replaced 

 

b. If your Order arrives damaged, please contact us.

 

16. Your Right to Cancel Your Order (Right of Withdrawal)

a. Subject to the terms set out below, you have the right to cancel your Order and return the goods up to seven (7) business days starting from the day the goods are received by you, subjected to evaluation within seven (7) days starting from the day we received your returned items, and provided that

• You have proof of purchase (order invoice number and receipt).

• You received undrinkable wine* (*subjected to evaluation within seven (7) days starting from the day we received your returned items)

• You received the wrong item in your package.

• You received breakage of wines upon arrival. 

• You received missing items in your package.

• Your product does not match the website specifications or description.

• If delivery has taken place, the refund will exclude delivery charges paid.

• One exchange is allowed per purchase. The exchange product will not be eligible for further exchange or refund unless faulty.

 

b. Other than as set out in clause 16(a), we will generally not provide you with a refund or exchange simply because you changed your mind or the goods were not what you expected.

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17. Complaints

Should you wish to make a complaint, please contact thesodaco@gmail.com or write to us at:

The SodaCo Team

The Soda Company Limited 
18/2 Sathorn 13, Yak 6 South Sathorn Road,
Yannawa, ,Bangkok 10500 Thailand.

 

 

18. Force Majeure

We will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries

 

19. Governing Law

The courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our website or any Order placed on the website, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms are governed by Thailand law.

 

20. Sever ability

If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and The SodaCo.

 

21. Transfer and Assignment

If The SodaCo merges, sells or otherwise changes control of its business or this website to a third-party, The SodaCo reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that The SodaCo has collected from you and any agreements it has made with you.

 

22. Waiver

The failure by The SodaCo to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by The SodaCo.