Terms And Conditions

These Terms and Conditions ("Terms") govern your access to and use of the Tong Garden website and your /purchase of products through the website ("Website"). The Website is operated by Tong Garden Co., Ltd. ("Tong Garden", "we", "us", or "our"). 

By accessing, browsing, registering on, or purchasing products through the Website, you agree to be bound by these Terms, together with our Privacy Policy, Cookie Policy, Shipping & Delivery Policy, and Cancellation, Return & Refund Policy, as applicable. 

These Terms are intended for customers in Thailand and shall be interpreted subject to applicable laws and regulations of Thailand. 

1. COMPANY INFORMATION 

  • Legal Entity: Tong Garden Co., Ltd.
  • Website: https://shop.tonggarden.co.th/en/
  • Registered Office: Department of Business Development 563 Nonthaburi Bangkrasor Meung Nonthaburi 11000]
  • Company Registration / Tax Identification Number: [0135538002500]
  • Customer Care Email: onlinethailand@tonggarden.com
  • Customer Care Phone: 02-960-1888, 02-9601166
  • Customer Service Hours: 
    • 08:00 AM–06:00 PM, Monday–Friday.
    • Closed on Saturdays, Sundays, and public holidays.
  • Complaint Contact / Department: Retail
  • Complaint Email: onlinethailand@tonggarden.com
  • Complaint Address: Tong Garden Co., Ltd.  
    • 88 Moo 1, LamLukKa Subdistrict, LamLuk Ka District, Pathum Thani 12150, Thailand.

2. ELIGIBILITY 

You may browse and use the Website from the age of 13 years, subject to applicable law. If you are under 20 years of age, you may use the Website only with the knowledge and supervision of a parent or legal guardian, where required by applicable Thai law. 

Orders and purchases through the Website may be placed only by persons who are legally competent to enter into a binding transaction under applicable Thai law. A parent or legal guardian may place an order on behalf of a person who is not legally competent to enter into the transaction. 

By placing an order, you confirm that you have the legal capacity to enter into the transaction or that you are placing the order with the authorization and involvement of your parent or legal guardian. 

3. ACCEPTANCE AND CHANGES TO THESE TERMS 

By using the Website, you acknowledge that you have read and understood these Terms. Electronic records, confirmations, and other electronic communications may be used in connection with your transactions, subject to applicable Thai law, including the Electronic Transactions Act. 

We may update these Terms from time to time to reflect changes in our services, business practices, technology, or applicable law. The updated version will be published on the Website with a revised 'Last Updated' date. Material changes will be handled in accordance with applicable law. 

4. USE OF THE WEBSITE 

You agree to use the Website only for lawful purposes. You must not: 

  • Use the Website for fraudulent, unlawful, abusive, or unauthorized activities.
  • Attempt to gain unauthorized access to our systems, accounts, servers, or networks. 
  • Interfere with the security, operation, or availability of the Website. 
  • Use automated tools to scrape, copy, harvest, or collect Website content without permission. 
  • Submit false, misleading, or inaccurate information. 
  • Place orders using stolen, unauthorized, or fraudulent payment methods. 
  • Abuse promotional offers, discounts, coupons, or loyalty benefits. 
  • Use the Website in a manner that infringes the rights of Tong Garden or any third party. 

We may restrict or suspend access where reasonably necessary to protect the Website, customers, or our business, or where these Terms or applicable law are violated. 

5. PRODUCTS AND PRODUCT INFORMATION 

We make reasonable efforts to ensure that product descriptions, images, specifications, ingredient information, nutritional information, allergen information, prices, availability, and other information displayed on the Website are accurate and up to date. However, occasional errors, omissions, or inaccuracies may occur. 

Minor differences may occur between product images displayed on the Website and the actual product, including differences in packaging, colour, labelling, artwork, or design. 

Product packaging, formulations and labels may change from time to time due to manufacturing, packaging, regulatory, or supply-chain requirements. Where applicable, the physical product packaging and label supplied with the product should be treated as the most current product-specific reference, subject to applicable law. 

Customers should review the product label, including ingredients, allergen information, nutritional information, storage instructions, and applicable date markings before consuming the product. Customers with food allergies, intolerances, or specific dietary requirements should carefully review the ingredient list and allergen declaration on the physical product packaging before consumption. 

6. PRODUCT AVAILABILITY 

All products are subject to availability. Displaying a product on the Website does not guarantee that the product will be available for immediate delivery. 

If a product becomes unavailable after you place an order, we may notify you and cancel the affected item or order, as applicable, and provide the applicable refund in accordance with our policies and applicable law. 

7. PRICES, TAXES AND OTHER CHARGES 

Prices displayed on the Website are in Thai Baht (THB), unless otherwise stated. Applicable taxes, including VAT where applicable, will be charged as required under Thai law. 

Any applicable delivery or shipping charges will be displayed before you complete your purchase. 

We make reasonable efforts to ensure that prices displayed on the Website are accurate. However, an unintended technical, typographical, inventory, or pricing error may occasionally occur. 

If an obvious pricing error materially affects an order, we may contact you before processing the order. If an order cannot reasonably be fulfilled because of such an error, we may cancel the affected order and provide an appropriate refund of the amount paid, subject to applicable law. 

8. ORDER PLACEMENT AND ACCEPTANCE 

When you place an order through the Website, you are submitting an offer to purchase the selected products. Receipt of an automated order confirmation acknowledges that we have received your order but does not by itself constitute final acceptance of the order. 

Subject to applicable Thai law, an order is accepted when we confirm that the products have been processed for fulfilment or dispatched. We may cancel or decline an order where there is a legitimate reason, including: 

  • Product unavailability. 
  • Delivery restrictions or inability to deliver to the selected location. 
  • Suspected fraudulent or unauthorized activity. 
  • Duplicate, accidental, or technically corrupted orders. 
  • Technical, typographical, inventory, or obvious pricing errors. 
  • Payment-related issues or failed payment authorization. 
  • Violation of these Terms or applicable law. 

If we cancel an order after receiving payment, the amount paid for the cancelled order will be refunded through the appropriate payment method, subject to applicable law and our refund process. 

9. ORDER CANCELLATION BY CUSTOMER 

You may request cancellation of an order subject to the order's processing and shipping status and any mandatory cancellation rights available under applicable Thai law. Once an order has been dispatched or otherwise processed beyond the point at which cancellation is operationally possible, operational cancellation may no longer be available; however, this does not limit any mandatory consumer right or remedy. 

Please refer to our Cancellation, Return & Refund Policy for detailed cancellation conditions and procedures. 

10. PAYMENT 

Payments may be made using the payment methods made available on the Website. You agree to provide accurate and valid payment information where required. 

Payment processing may be performed by third-party payment service providers. Such providers may process payment information under their own terms and privacy policies and applicable security requirements. 

If a payment is unsuccessful but your bank account or payment instrument has been debited, the amount may be subject to reversal or refund according to the payment provider's applicable process and banking timelines. 

11. SHIPPING AND DELIVERY 

We deliver products to locations supported by our delivery partners and service network in Thailand. Delivery timelines displayed on the Website are estimates and may vary based on product availability, destination, courier operations, weather, public holidays, natural events, regulatory restrictions, or other circumstances beyond our reasonable control. 

We will make reasonable efforts to deliver orders within the indicated timeframe. Please refer to our Shipping & Delivery Policy for detailed information, including applicable delivery charges and any free-shipping thresholds. 

12. RETURNS, REPLACEMENTS AND REFUNDS 

Returns, replacements, cancellations, and refunds will be handled in accordance with our Cancellation, Return & Refund Policy, applicable product conditions, applicable consumer protection requirements, and Thai law. 

If you receive a product that is damaged, incorrect, missing, defective where applicable, expired, or materially different from what was ordered, please contact customer support within the timeframe specified in our applicable policy. 

We may reasonably request photographs, videos, packaging information, order details, batch/lot information, or other information needed to investigate a complaint. 

Nothing in these Terms is intended to remove or restrict any mandatory consumer rights or remedies available under Thai law. 

13. FOOD PRODUCTS, STORAGE AND DATE INFORMATION 

For food and other consumable products, customers should check the product packaging for applicable information, including manufacturing/packing date, best-before or expiry information, batch/lot information, ingredients, allergen information, nutritional information, and storage instructions. 

Customers should follow the storage, handling, preparation, and usage instructions provided on the product packaging and should not consume a product after the applicable expiry or use-by date. 

Nothing in these Terms limits any mandatory food-safety, labelling, consumer-protection, or product-liability obligations imposed by Thai law. 

14. PROMOTIONAL OFFERS AND COUPONS 

From time to time, Tong Garden may offer promotional discounts, coupons, cashback, loyalty benefits, free gifts, bundles, free shipping, or other promotional schemes. Each promotion may have separate terms, eligibility requirements, validity periods, stock limitations, minimum-spend requirements, excluded products, redemption limits, and other restrictions. 

  • Promotional offers cannot be exchanged for cash unless expressly stated otherwise. 
  • Offers may not be combined unless expressly permitted. 
  • Coupons and promotional codes may be used only according to their stated conditions. 
  • Promotional benefits may be limited to eligible customers, products, locations, accounts, or orders. 
  • Promotional products and free gifts may be subject to availability. 
  • We may take reasonable steps to prevent or address fraudulent or abusive use of promotions, including multiple-account or repeated-redemption abuse. 

Promotional terms may be amended or withdrawn where reasonably necessary, subject to applicable law and without affecting rights already acquired by customers. 

15. USER ACCOUNTS 

If you create an account on the Website, you are responsible for maintaining the confidentiality of your login credentials and for activities carried out through your account. 

You should notify us promptly if you believe your account has been accessed without authorization. We may suspend or restrict an account where reasonably necessary to protect the Website or where the account is used in violation of these Terms or applicable law. 

16. PERSONAL DATA, PRIVACY AND COOKIES 

We collect and process personal data in connection with your use of the Website, including information required to process orders, make deliveries, provide customer support, maintain accounts, prevent fraud, communicate with you where permitted, and operate our services. 

Our collection and processing of personal data is described in our Privacy Policy. We will process personal data in accordance with Thailand's Personal Data Protection Act B.E. 2562 (2019), applicable subordinate regulations, and other applicable data-protection laws. 

Our use of cookies and similar technologies is described in our Cookie Policy and, where required, managed through appropriate consent mechanisms. 

Where consent is required, we will obtain and manage consent in accordance with applicable law. Nothing in these Terms replaces or limits the rights and obligations described in our Privacy Policy, Cookie Policy, or applicable data-protection law. 

17. INTELLECTUAL PROPERTY 

Unless otherwise stated, the content available on the Website, including logos, brand names, product images, graphics, text, designs, layouts, videos, software, Website functionality, and other materials, is owned by or licensed to Tong Garden or the applicable rights holder. 

You may access and use Website content for personal, non-commercial shopping purposes. You must not reproduce, distribute, modify, publish, sell, commercially exploit, or otherwise use our intellectual property without prior written permission, except where permitted by applicable law. 

18. THIRD-PARTY SERVICES 

Tong Garden may use third-party service providers for payment processing, delivery and logistics, communications, analytics, authentication, hosting, customer support, and other operational services. 

Third-party services may be governed by their own terms and policies. Tong Garden will remain responsible for its obligations under applicable Thai law. 

19. WEBSITE AVAILABILITY AND SECURITY 

We will make reasonable efforts to keep the Website available and functioning. However, the Website may occasionally be unavailable because of maintenance, software updates, server problems, network failures, cybersecurity incidents, technical issues, or circumstances beyond our reasonable control. 

We do not guarantee uninterrupted or completely error-free availability of the Website. 

20. ERRORS AND CORRECTIONS 

Although we make reasonable efforts to maintain accurate information, the Website may occasionally contain typographical, technical, pricing, product, inventory, or other errors. We may correct errors and update Website information from time to time. 

Where an error materially affects an order already placed, we will handle the situation in accordance with applicable law and notify the customer where appropriate. 

21. LIMITATION OF LIABILITY 

To the maximum extent permitted by applicable law, Tong Garden will not be responsible for indirect or consequential losses arising solely from the use of the Website. 

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited under applicable Thai law. 

Nothing in these Terms is intended to exclude mandatory consumer rights, exclude liability for fraud or fraudulent misrepresentation, exclude liability where such exclusion is prohibited by law, or prevent a consumer from exercising any legal remedy available under Thai law. 

22. FORCE MAJEURE 

Tong Garden will not be responsible for delays or failures caused by circumstances beyond its reasonable control, including natural disasters, floods, earthquakes, fire, epidemics, government restrictions, transportation disruptions, strikes, internet or infrastructure failures, or other extraordinary events. 

This clause does not affect any consumer rights that cannot legally be excluded. 

23. FRAUD AND MISUSE 

We may investigate suspected fraudulent, abusive, or unlawful activity. Where permitted by law, we may cancel orders, restrict accounts, refuse transactions, or take other appropriate action where there is reasonable evidence of payment fraud, coupon abuse, multiple fraudulent accounts, unauthorized use of payment instruments, false claims, system abuse, or other unlawful activity. 

24. SUSPENSION OR TERMINATION 

We may suspend or terminate access to an account or Website functionality where reasonably necessary to protect the Website, our customers, our business, or third parties, or where a user violates these Terms or applicable law. Any such action will be taken subject to applicable law. 

25. GOVERNING LAW AND DISPUTE RESOLUTION 

These Terms shall be governed by and interpreted in accordance with the laws of Thailand. 

Nothing in these Terms prevents a consumer from exercising any mandatory rights or remedies available under Thai consumer-protection law or from bringing a complaint before a competent Thai authority or court. 

Subject to applicable law, disputes relating to these Terms or purchases made through the Website shall be submitted to the competent courts or dispute-resolution bodies in Thailand. 

26. CUSTOMER COMPLAINTS AND SUPPORT 

If you have a complaint regarding an order, product, payment, delivery, return, refund, account, or other service, please contact us using the details below. 

  • Customer Care Email: [⁠onlinethailand@tonggarden.com
  • Customer Care Phone: [02-960-1888, 02-9601166] 
  • Complaint Contact / Department: [Retail] 
  • Complaint Email: [⁠onlinethailand@tonggarden.com
  • Complaint Address: [Tong Garden Co., Ltd.
    ⁠88 Moo 1, LamLukKa Subdistrict, LamLuk Ka District, Pathum Thani 12150, Thailand.]

We will review and respond to customer complaints in accordance with applicable law and our internal complaint-handling process. 

27. SEVERABILITY 

If any provision of these Terms is determined to be invalid or unenforceable under applicable law, the remaining provisions will continue to apply to the extent permitted by law. 

28. NO WAIVER 

If we do not immediately enforce any provision of these Terms, that does not mean that we have waived our right to enforce that provision in the future. 

29. ENTIRE AGREEMENT 

These Terms, together with the applicable Privacy Policy, Cookie Policy, Shipping & Delivery Policy, Cancellation, Return & Refund Policy, and any additional terms expressly applicable to particular products, services, promotions, or programmes, constitute the terms governing your use of the Website. 

30. CONTACT US 

For questions, complaints, or assistance relating to these Terms or your purchase, please contact: 

  • Tong Garden Co., Ltd. 
  • Website: https://shop.tonggarden.co.th/en/ 
  • Email: [⁠onlinethailand@tonggarden.com
  • Phone: [02-960-1888, 02-9601166] 
  • Registered Office: Department of Business Development 563 Nonthaburi Bangkrasor Meung Nonthaburi 11000]