Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms & Conditions:

“Account” refers to the account you registered on the Platform in order to submit an Order or create a Subscription on the Platform.

“Contract” shall be defined in the clause 3.3.

“Customer” refers to an authorized user of the Platform and/or the Services.

“KOPH” refers to an entity under Collectibles Exchange Co., Ltd., a company incorporated pursuant to the laws of Thailand under registration number 0105562183799 and having its registered address at 15 Punnawithi 50, Bangchak Subdistrict, Prakanong District, Bangkok 10260, Thailand.

“Listing Price” refers to the price of Plans listed for sale to Customers, as stated on the Platform.

“Merchant” refers to a seller which, with KOPH’s permission, uses the Platform and/or Services to sell Plans to Customers, and excludes KOPH.

“Order” refers to the order submitted by a Customer to the Platform to purchase a Plan from KOPH.

“Plan” refers to an offer of a collection of Product(s) created by the Merchant available for sale to Customers on the Platform.

“Platform”

1. the KOPH website and mobile versions of the website operated and/or owned by KOPH which is presently located at the following URL: KOPH.co; and
2. the mobile applications made available from time to time by KOPH, including the iOS, Android, and other versions.

“Product” refers to a product or service (including any installment of the product or any parts thereof).

“Service” refers to services, information, and functions made available on the Platform.

“Subscription” refers to a recurring Order made by the Customer which is automatically renewed every Subscription Period.

“Subscription Period” refers to a period of time that a Subscription is automatically renewed.

“Voucher” refers to a voucher for credit or partial discount may be used by a Customer, subject to other terms and conditions, towards the payment of purchases on the Platform.

“You”, “you”, “Your”, and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.

You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the creating and managing Product(s) and Plan(s) through the Platform, as well as any amendments to the aforementioned issued by KOPH from time to time. KOPH reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

You are responsible for creating Product(s) on the Platform that you are willingly to sell though KOPH.

To allow Customers to subscribe to your Product(s), you are responsible for creating Plan(s), a collection of one or more Product(s), on the Platform with the accurate information and Subscription Period.

You are solely responsible for managing and ensuring the price and the availability of the Product(s) and/or Plan(s) is correct, accurate, and not misleading

You must be fully entitled to create and manage Product(s) and Plan(s) for your Account tied to your business.

You undertake that all details you provided to us for the purpose of creating and managing Product(s) and Plan(s) through the Platform will be correct. KOPH reserves the right to obtain validation of your provided information before providing you with the service on the Platform.

You are responsible for issuing, including but not limited to, receipts, credit or debit card receipts, and tax invoice, in case the customer asked for.

You are responsible for taxes incurred from selling Product(s) and/or Plan(s) on the Platform. KOPH is not responsible for advising any of taxes related issues as the respective laws and obligations may be changed from time to time.

KOPH reserves the right to adjust the fee scheme of listing Product(s) and/or Plan(s) for sale on the Platform without prior notice. KOPH may adjust the fee from time to time and you are solely responsible for revision of the adjusted fee.

Avoiding KOPH fees is not allowed, whether intentional or not. The Merchant attempting to avoid KOPH fees create risk for themselves, and a poor experience for buyers. KOPH reserves the right to temporarily or permanently suspend the Merchant’s Account.

KOPH is a tool for the Merchant and is not reliable of any losses of the Merchant due to any malfunction of the Platform.

You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Product(s) and/or Plan(s) through the Platform, as well as any amendments to the aforementioned, issued by KOPH (whether as part of use of the Platform or in relation to the purchase of Product(s), on behalf of the Merchant), from time to time. KOPH reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

While Seller endeavors to provide an accurate description of the Product(s), neither KOPH nor the Merchant warrants that such description is accurate, current or free from error. In the event that the Product(s) you receive is of a fundamentally different nature from the Product(s) as described on the Platform and which you have ordered, clause 10 of these Terms & Conditions shall apply.

A Contract shall be formed and the Merchant shall be legally bound to reserve the Product(s) for you every Subscription Period when KOPH accepts your Subscription with exception in clause 3.5. Acceptance shall take place when you place an Order on a Subscription Plan by completing the Subscription form on the Platform and KOPH expressly accepts your Order and/or Subscription by email to you, in the form of a document called “Subscription Confirmation”.

On every Subscription Period, an Order will be created automatically as bound in the Subscription Contract as in clause 3.3. You acknowledge the automation and willingly to accept the recurring Order.

Product(s) may or may not be available when the Contract is formed. If the Product(s) is unavailable because of the Product(s) supply chain, the Product(s) shall not be supplied until the Product is available.

You shall pay the Product(s) and/or Plan(s) in full at the time of ordering by supplying us with your credit card, debit card, or fund transfer details. Alternatively, you may pay by any method that the Platform provided on the Platform, but in any event the Merchant shall not be bound to supply before the Merchant has received the cleared funds in full.

The payment methods may be subjected to additional terms as prescribed by KOPH from time to time

You must be fully entitled to use the card or account that you submitted for your payment.

You undertake that all details you provided to us for the purpose of purchasing the Product(s) and/or Plan(s) from us will be correct, that the credit card, debit card, or bank account which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product(s) and/or Plan(s). KOPH reserves the right to obtain validation of your payment details before providing you with the Product(s).

Your Subscription remains valid as an offer until KOPH issues our Subscription Confirmation.

If you discover that you have made a mistake with your Order or Subscription after you have submitted it to the Platform, please contact our customer support, which you can find the details in the Contact Us page on the Platform, immediately. However, KOPH cannot guarantee that KOPH or the Merchant will be able to amend your Order in accordance with your instructions.

Merchant reserves the right to terminate the Contract, in the event that a Product(s) has been mispriced on the Platform, in which event KOPH shall, on behalf of the Merchant, notify you of such cancellation by giving three days’ notice. The Merchant shall have such right to terminate such Contract whether or not Product(s) have been dispatched or are in transit and whether payment has been charged to you.

You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of the Merchant which has not been stated expressly in a Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either KOPH or the Merchant. You also acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions and Contracts allocate risks between the parties and permit the Merchant to provide the Product(s) at lower fees or prices than the Merchant otherwise could and you agree that such exclusions on liability are reasonable.

As supplying the Product(s) as you have made in the Order, you will receive your Product(s) via a logistics carrier. The delivery shall be made to the address you specify in your Order, but not necessarily to the named receiver personally.

Shipping fees shall be as set out in the Order. Unless otherwise specified, the shipping fees shall be based on the chargeable weight and dimensions of the Product(s) as specified by the Merchant as at the time of the listing of the Product(s) on the Platform, and calculated according to the shipping fee rate card published by us from time to time.

Delivery of the Product(s) is subject to various factors, including the availability of the Product(s) and timeliness of the Merchant’s dispatch of the Product(s). KOPH will take reasonable commercial efforts to deliver the Product(s) according to our regular delivery schedules. All delivery timeframes given are estimates only. KOPH and the Merchant shall not be liable for any delay in the delivery howsoever caused.

KOPH and the Merchant shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

On the delivery of the Product(s), you may be required to sign for delivery. You agree to inspect the Product(s) for any obvious faults, defects, or damage before you sign for delivery. You need to keep the receipt of the delivered Product(s) in case of amendment.

You acknowledge that it may not be possible for KOPH and/or the Merchant to deliver to some locations. If this is the case, KOPH and/or the Merchant will inform you using the contact details that you provide to us when you make your Order and/or Subscription and arrange for cancellation of the Order and/or Subscription or delivery to an alternative delivery address.

The delivery will be in the Merchant’s standard packaging and delivery option. Any special packaging or delivery requested by you are subjected to additional charges.

If you are not available to take delivery or collection, KOPH and/or the Merchant may notice you by giving instructions on either re-delivery or collection from the logistics carrier center.

If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product(s) to you) accept delivery or collect the Product(s) from the carrier, KOPH may do either or both of the following:

1. Charge you for our reasonable storage fee and other costs reasonably incurred by us; or
2. No longer make the Product(s) available for delivery or collection and notify you that KOPH immediately cancels the applicable Contract, in which case KOPH reserves the right to not refund any money already paid to KOPH and/or the Merchant.

The price of the Product(s) and Plan(s) payable by a Customer shall be the price shown at the final stage of the Order submission process at the time at which the Order placed by the Customer is transmitted to the Merchant through the Platform.

All Listing Prices are subject to taxes, unless otherwise stated. The Merchant reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.

Unless otherwise stipulated on the Platform, all charges are in the Thai Baht (THB) currency then in force in Thailand.

You may use promotional code as payment or discount for Product(s) and Plan(s) on the Platform. Specific details for promotional code are at clause 6.7.

To redeem promotional code as payment or discount, apply the code on the check out process in the Order form.

KOPH may give you the promotional code via different channels, where KOPH accepts no liability for errors in your contact information of the promotional code recipients.

The promotional code may be subjected to additional Terms & Conditions specified for each promotional code from time to time.

In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a promotional code purchase or redemption of that promotional code on the Platform, KOPH are entitled to close your Account and/or require a different means of payment.

KOPH takes no liability for the loss, theft or illegibility of promotional code.

Conditions for the redemption of promotional code

1. From time to time, KOPH may release promotional code that may be used on the Platform. Promotional code can only be redeemed on the Platform.
2. Promotional codes are valid for the specified period stated on them only It can only be redeemed once and cannot be used in conjunction with other promotional code. Individual Product(s) and/or Plan(s) may be excluded from voucher code.
3. If you place an Order for a Plan less than the value of the promotional code, no refund or residual credit will be returned to you.
4. The credit of a promotional code does not accrue interest nor does it have a cash value.
5. If the credit of a promotional code is insufficient for the Order you wish to make, you may make up the difference through payment.

The Customer may cancel the Contract of the Subscription at any time. The Customer may be refunded for the Subscription from the last Subscription Period subjected to clause 8.2.

Without prejudice to any other right of termination elsewhere in these Terms & Conditions, the Merchant, or KOPH acting on the Merchant’s behalf, may stop any Product(s) in transit, suspend further deliveries to the Customer and/or terminate the Contract of the Subscription with immediate effect by a notice to the Customer on or at any time after the occurrence of any of the following events:

1. the Product(s) under the Plan(s) from the Contract of Subscription being unavailable for any reason;
2. the Customer being in breach of an obligation under the Contract;
3. the Customer passing a resolution for its winding up or a court of competent jurisdiction making an Order for the Customer’s winding up or dissolution;
4. the making of an administration order in relation to the Customer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Customer’s assets; or
5. the Customer making an arrangement or composition with its creditors generally or applying to a court of competent jurisdiction for protection from its creditors.

All returns must be done in accordance with the instructions set out in the Platform. The Merchant is not obliged to agree to any return unless all such instructions are followed to KOPH’s satisfaction.

Within 7 days from the date of delivery of the Product(s), you may return a Product(s) when you:

1. receive a product that is fundamentally different in nature from the Product specified in the Customer Contract; or
2. receive a faulty or damaged Product.

When KOPH has provided the Customer a refund, the non-conforming Product(s) or parts thereof shall become the Merchant’s property and upon request such Product(s) or parts thereof should be shipped back to the Merchant at Customer’s cost immediately.

All refunds shall be processed, to the person who made the original payment via an approved payment method, through the refund method stated on the Platform.

Subjected to clause 8.2, KOPH offers no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the company’s internal processing timeline.

All refunds are conditional upon our acceptance of a valid return of the Product(s).

KOPH reserves the right to modify the mechanism of processing refunds at any time without notice.

KOPH reserves the right to modify the mechanism of processing refunds at any time without notice.

If you have any questions or complaints regarding, please contact KOPH using the Contact Us page on the Platform. KOPH will liaise with the Merchant on your questions and complaints.

In the event of a complaint, you shall describe the object of your complaint as accurately as possible and, where applicable, send KOPH copies of the Order and/or Subscription with the Order and/or Subscription number that KOPH assigns to you in the Order and/or Subscription confirmation. Should you not have received any reaction from KOPH within five Business Days, please make further enquiries through one of our responsive chat channels.

At the time of delivery, the risk of damage to or loss of the Product(s) from the Order of a Plan shall pass to the Customer.

During the entire time, the property of the Product(s) remains with the Merchant, the Customer agrees with Merchant that the Customer shall immediately notify KOPH of any matter from time to time affecting Merchant’s title to the Product(s) and the Customer shall provide KOPH with any information relating to the Product(s) as KOPH may reasonably require from time to time.

Until such time as the property in the Product(s) passes to the Customer (and the provided Product(s) are still in existence and have not been resold), KOPH shall be entitled at any time to demand the Customer to deliver the Product(s) back to the Merchant. In the event of non-compliance, KOPH together with the Merchant reserve the right to take legal action against the Customer for the delivery up the Product(s) and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Customer.

The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Product(s) which remain the property of the Merchant but if the Customer does so all moneys owing by the Customer to the Merchant shall (without prejudice to any other right or remedy of Seller) forthwith become due and payable.

The Customer shall indemnify the Merchant against all loss damages costs, expenses, and legal fees incurred by the Customer in connection with the assertion and enforcement of Merchant’s rights under this condition.

The remedies set out in Clause 10 are the Customer’s sole and exclusive remedies for non-conformity of or defects in the Product(s).

Notwithstanding any other provision of these Terms & Conditions, Merchant’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of Product(s) under each Contract, will not exceed the sums that you have paid to the Merchant under such Contract.

KOPH shall not be liable to you for any losses whatsoever or however caused arising directly or indirectly in connection with:

1. Amounts due from other users of the Platform in connection with the purchase of any Product(s);
2. The sale of the Product(s) to you, or its use or resale by you;
3. Any defect arising from fair wear and tear, wilful damage, misuse, negligence, accident, abnormal storage and/or working conditions, alteration or modification of the Product(s) or failure to comply with the instructions on the use of the Products (whether oral or written)

Please see our Data Protection Policy, which forms part of these Terms & Conditions.

Please see our Privacy Policy, which forms part of these Terms & Conditions.

These Terms & Conditions shall apply to all Subscriptions, Orders, and Contracts for the sale and supply of Products and Plans. When you submit an Order or create a Subscription through KOPH, this shall in any event constitute your unqualified acceptance of these Terms & Conditions.

These Terms & Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose, or stipulate in any form and time, are expressly waived and excluded.

No other terms or changes to the Terms & Conditions shall be binding unless agreed in writing signed by KOPH.

Any typographical, clerical, or other errors or omission in any acceptance, invoice or other document on KOPH’s or Merchant’s part shall be subject to correction without any liability on KOPH’s or Merchant’s part.

Money references under these Terms & Conditions of Sale shall be in Thai Baht (THB) unless stated otherwise.

In the event that these Terms & Conditions are executed or translated in any language other than English, the English language version of these Terms & Conditions shall govern and shall take precedence over other language versions.

These Terms & Conditions shall be governed by, and construed in accordance with the laws of Thailand and you hereby submit to the exclusive jurisdiction of the Courts of Thailand.

KOPH reserves the right to amend these Terms & Conditions at any time. All amendments to these Terms & Conditions will be published on the Platform. By continuing use of the PLatform, you are deemed to constitute acceptance of the new Terms & Conditions published on the Platform.