Terms & Conditions #2

  1. Overview
    1. Welcome to www.ameenahoud.com This website belongs to Ameenah Enterprise Company Limited (hereinafter: “Ameenah”, “We”, “Our”, or “Us”). We hope that We provide you with a good shopping experience via Our online store.
    2. This section of Our Website informs you about Our General Terms and Conditions of Sale (“Terms”). We kindly ask you to read carefully before you proceed with placing an order with Us.
    3. These Terms apply to all sales of Our products purchased via www.ameenahoud.com or by telephone including any business activities made between you and Us even where these Terms are not made mention of.
    4. These Terms tell you who We are, how We will provide Our products to you, how you and We may change or end the contract, what to do when there is a problem, and other important information.
    5. By placing an order with Us you confirmed that you agree to these Terms. If you do not agree to the Terms, We will not be able to provide you with Our products. In such an event, please do not place any orders on the Website.
    6. These Terms are applicable for the respective order you make when accepting them. We may revise these Terms from time to time. We reserve the right to amend these terms in the future in Our sole discretion. You will need to accept the future versions of the terms for any potential future orders you make. Please make sure that you understand and accept Our Terms each time you place an order. Future amendments have, however, of course no impact on any orders placed or contracts already concluded.
  2. Information about Us and how to contact Us
    1. We are Ameenah Enterprise Co., Ltd., a Thai Company with its registered office at No.6/38, Sukhumvit 3 (Nana Nua), Sukhumvit Road, Klongtoey Nua sub-District, Wattana District, 10110 Bangkok, Thailand.
    2. Should you require information or help please contact Our Client Service Team:

      By Telephone Phone: +66 62 174 5888

      By Email: [email protected]

      Operating Hours:
      Monday to Friday 10:00 – 18:30 (GMT+7)
      Saturday 10:00 – 17:00 (GMT+7)

  3. Our Products
    1. Information on Our products is available on Our Website with product descriptions and references.
    2. The images of the products on Our website are for illustrative purposes only. For instance, the colour of a product may vary slightly due to its natural characteristics.
  4. Placing orders and Our contract with you
    1. Our acceptance of orders is subject to availability. Orders can be placed as follows:

      Through Our Website: Orders can be placed through Our website www.ameenahoud.com

      By Telephone: Orders can be placed in English or other languages accepted by Our Client Service Team by calling
      Telephone number: +66 62 174 5888

      Operating hour:
      Monday to Friday 10:00 – 18:30 (GMT+7)
      Saturday 10:00 – 17:00 (GMT+7)

    2. We do not accept orders from customers under legal age in any case.
    3. We sell Our retail products to consumers only. Please make sure that you are not placing an order for or on behalf of any business activity. We may place a limit on any items being ordered and delivered to the same address or the same person if we deem the volume of such deliveries to be suspicious.
    4. Orders that are not currently in stock may be identified on Our website as requiring “additional delivery time” (i.e. a back order) or as being “temporarily out of stock”.
    5. Our acceptance of your order will take place when (1) We email you and tell you We have accepted your order, or (2) We actually start shipping the products to the delivery address. A contract between you and Us will come into existence when We have accepted your order.
    6. If We are unable to accept your order, We will inform you of this in writing. This might be because:
      1. The product is out of stock;
      2. We have identified an error in the price or description of the product;
      3. There is a technical problem with the product or minor technical changes have been made;
      4. We need to update the product to reflect changes in relevant laws and regulatory requirements;
      5. The pre-authorisation hold for your back order was insufficient or unable to be made;
      6. Unexpected limits have been placed on Our resources for which We could not reasonably plan;
      7. We are unable to meet a delivery deadline you have specified;
      8. The order is considered to be fraudulent or otherwise made in breach of these Terms of Sale. In such case, you will be notified in Writing and We will not charge you for the product(s).
    7. We will assign an order number to your order and inform you of this number when We accept your order. Kindly, tell Us the order number whenever you contact Us about your order.
  5. Price and Payment
    1. You shall pay the full price (including VAT or other applicable sales tax/expenses) of the goods upon purchasing the products via Our website or by telephone via Our Client Service team.
    2. Ameenah reserves the right to request an advance payment upon contract conclusion or for orders received from clients.
    3. We take all reasonable care to ensure that the price of the products indicated to you is correct. However, in the unlikely event that the products are incorrectly priced, We will contact you to inform you of the correct price and await your instructions before We accept your order.
    4. If We accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, We may terminate the contract, refund you the equivalent amount of money you have paid, and require the return of any products provided to you.
    5. You can pay Us by credit card (Visa or MasterCard), by PayPal, or by bank transfer. Please contact Our Client Service Team for bank transfer options.
    6. Order Cancellations:

      If your order is cancelled by Us, you will receive an email to explain the reason for the cancellation. Your original payment will be refunded for the appropriate amount. Orders or parts of an order may be cancelled by Our system for various reasons, such as:

      1. Products(s) is unavailable
      2. There is a problem in processing your payment
      3. Delivery cannot be made to the address provided
      4. A duplicate order was placed.
    7. If you wish to change or cancel your order prior to dispatch, please call Our Client Service Team with your order number, to consult Us on what practical options are available to you in accordance with Our “Exchanging of Goods” Policy
  6. Providing the products
    1. Unless otherwise requested in writing by the client, goods shall be delivered by Ameenah to the address stated in the contract, purchase order, or equivalent document. Delivery shall be made only when the order from the client has been confirmed by Ameenah.
    2. The delivery period will be extended by an appropriate period in the event of any delay outside Our control. We are not responsible for delays outside Our control. If Our supply of the products is delayed by an event outside Our control and without negligence on Our side, then We will contact you as soon as possible to let you know and We will take steps to minimise the effect of the delay. Provided We take these steps, We will not be liable for delays caused by the event. However, if there is a risk of unreasonable delay, you may contact Us to end the contract and receive a refund for any products you have paid for but not received.
    3. The costs (if any) of delivery will be as displayed to you on Our website or notified to you over the phone, before you place your order. Kindly refer to Our Delivery page for more information.
    4. Partial deliveries are possible if you bear the cost for the following deliveries following the 1st delivery.
    5. You are obliged to check whether the quality of the products delivered by Ameenah is unobjectionable immediately upon arrival of the goods in the presence of the courier staff. Should you find that the delivered products are defective in any way, kindly contact Our Client Service Team as indicated in Clause 2.2
    6. If no one is available at your address to take delivery, We will leave you a note asking you to contact Our Client Service team in order to arrange an alternative delivery date. We shall be entitled to keep and store the goods in Our premises until such time as delivery is affected, and you shall liable for expenses associated with such storage, if any. In this case, the risk of the goods shall pass to you from the date of notification of readiness of the goods for dispatch.
    7. If, after a failed delivery to you, you do not re-arrange delivery, We will contact you for further instructions. If, despite Our reasonable efforts, We are unable to contact you or re-arrange delivery, We may terminate the contract and you may be liable to pay compensation to us.
    8. Special methods of delivery as requested by you are subject to a particular written agreement by both parties.
    9. If, at the time of delivery, the packaging is damaged, please open the package in the presence of the courier staff in order to verify the condition of the products. In the case of a delivery where there is damage to the products, you should note the details on the delivery note and contact Our Client Service team as set out in Condition 2.2. If We deliver products to you and the products are lost or damaged by Our courier, We will replace the products free of charges (including delivery). However, you must inform Us of such damages within 24 hours of the delivery date, and within 24 hours of the notified date of delivery for products lost by Our courier.
    10. The products will be your responsibility from the time We deliver them to the address you gave Us or, if you choose to collect your products from Our store, when you collect them from us.
    11. You own the products when We have received payment in full and the products have been delivered to you or collected by you.
  7. Exchanging of Goods
    1. You are able to make an exchange of Our products in respect of items delivered (excluding “customised” goods), subject to the conditions below:
    2. Ameenah Goods purchased via Our retail stores or online channels can be exchanged within fourteen (14) days from the date of purchase. Please take all reasonable care of the goods if you wish to exchange them.
    3. We can only offer exchanges that are of a value equivalent to or less than the value of the original products. If you request to exchange for a product with a value lower than the value of the original order, We will remit the balance using the same means of payment as you used for the initial transaction.
    4. All exchanges must be in their original packaging and in perfect sealable condition (unused and complete with all the labels), along with the original receipt, all related accessories, instruction booklets, labels, protective covers, and boxes, and in the case of perfume products (which have been sealed for health protection or hygiene purposes), the seal on the film covering the perfume box must not be broken and the product must be together with all complimentary items (“Exchange Requirements”). The completed “Exchange Voucher” must be attached. We will not accept products for exchange that are returned incomplete, damaged, soiled or not in compliance with the above Exchange Requirements.
    5. Ameenah will do Our best to process your exchanges as quickly as possible, normally within thirty (30) days.
    6. You may be required to pay for any costs, expenses, and charges associated with the exchanging of goods, including but not limited to, administration charges, restocking fees, delivery costs, and other associated expenses if not otherwise waived in writing.
  8. Your rights to terminate the contract
    1. You may terminate your contract with Us under the following conditions: Your right to terminate the contract will depend on the products you have purchased and how We perform our service, and when you decide to end the contract, whether there is anything wrong with the products We have supplied, or whether you have simply changed your mind.
    2. Termination of the contract because of something We have done or are going to do:

      If you are terminating a contract for a reason set out below, the contract will end immediately and We will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

      1. We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed.
      2. There is a risk that supply of the products may be unreasonably delayed because of events outside Our control;
      3. We have suspended supply of the products for technical reasons, or we have notified you that We are going to suspend them for technical reasons; or
      4. You have a legal right to end the contract because of something We have done wrong;

      We will bear the costs of return under this clause.

    3. Problem with the goods: If what you have bought is faulty or misdescribed, you may have a legal right to terminate the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back). We will pay the costs of return under this clause.
    4. Right to change your mind: Although We hope that you are satisfied with Our goods, if for any reason you are not entirely satisfied or you otherwise change your mind, you have a legal right to change your mind and receive a refund within fourteen (14) days after the day the products were delivered to you or, where the products have been delivered in a number of separate deliveries, fourteen (14) days after the day on which the last delivery was made.
      1. To exercise the “Right to Change your Mind” you must return the products to Us along with their original receipt, all related accessories, instruction booklets, labels, protective covers, and boxes, and in the case of perfume products (which have been sealed for health protection or hygiene purposes), the seal on the film covering the perfume box must not be broken, together with all complimentary items (“Right to Change your Mind Requirements”) in order to receive a refund. We will not accept products that are returned incomplete, damaged, soiled or not in compliance with the above Right to Change your Mind Requirements.
      2. If you are exercising your Right to Change your Mind, you are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods. Please note that the amount of the reduction could be equal to the full amount of the price if We are unable to sell the returned products because they do not meet Our high standards of sale. If We refund you the price paid before We are able to inspect the products and later discover you have handled them in an unacceptable way, you are obligated pay Us the appropriate amount as compensation.
      3. You will be responsible for any applicable costs and charges involved in returning the goods under this clause.
      4. You do not have the right, in any circumstances, to change your mind in respect of products where hygiene is of concern and/or where a seal or similar protection on the packaging of those products has been broken or tampered with. This does not apply if you are making a return because the products are faulty or damaged under Clause 8.3.
    5. In order to terminate the contract, you must inform Us of your decision to terminate this contract by contacting Us via telephone or in writing by email or letter sent to Our address provided in Clause 2.2 for further instructions.
    6. If you terminate the contract for the reasons stated under this Clause after the goods have been dispatched to you or after you have received them, you must return the products in their original packaging, in perfect sealable condition (unused and complete with all the labels) along with the original receipt, all related accessories, instruction booklets, labels, protective covers, and boxes, and in the case of perfume products (which have been sealed for health protection or hygiene purposes), the seal on the film covering the perfume box must not be broken, together with all complimentary items (“Return Requirements”). The completed “Return Form” must also be attached. Please ensure you obtain a Proof of Postage when you return the products to us. You should retain your Proof of Postage in order to provide proof to Us that you have returned the products and all items under the Return Requirements, in the unlikely event that We do not receive the returned parcel.
    7. If you terminate the contract for the reasons stated under this Clause, We shall reimburse all payments received from you, including the costs of delivery (if applicable and on condition that We do not provide reimbursement for any supplementary costs resulting from your choice of type of delivery other than the least expensive type of standard delivery offered by Us if We impose any delivery charges in the future) without undue delay and in any event not later than 30 days from the day on which We are informed about your decision to terminate this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursements until the goods are returned to us.
  9. Our legal rights to terminate the contract
    1. We may terminate the contract for a product at any time by writing to you if:
      1. You fail to make a due payment to Us even after We have granted you a reasonable grace period.
      2. You do not, within a reasonable time, allow Us to deliver the products to you or collect them from us.
    2. You must compensate Us if you break the contract in negligence. If We terminate the contract in the situations set out in Condition 9.1, We will refund any money you have paid in advance for products We have not provided but We may deduct or charge you reasonable compensation for the net costs We will incur as a result of your breaking the contract.
  10. Order Cancellation and Termination of the Contract (General)
    1. Ameenah shall be entitled to terminate the contract, especially in the following cases:
      1. Due to an event outside of Our control, which shall include, but not be limited to, acts of God, war, riots, industrial disputes, strikes, natural disasters and unforeseen circumstances, provided these events last for more than three months or they make it impossible for Us to deliver the goods.
    2. Both parties may exercise their right to terminate the contract for reasonable causes with prior notice if the other party has breached any of its obligations under the relevant contract or purchase order and has not resolved the breach within thirty (30) days of receipt notice by the other party. In case Ameenah terminates the contract for reasonable causes, Ameenah can claim all reasonable costs related to the termination, including but not limited to, costs incurred associated with restocking and other administrative costs.
    3. Goods that are customised upon your request or imported/exported specifically upon the your order/requests are marked as “CUSTOMISED” on the invoice. In case of order cancellation for such customised goods, you shall be liable for any cost and expenses associated with such order cancellation, including but not limited to, import duties, customs clearance charges, administrative charges, stocking fees, transport costs, and other associated expenses.
    4. Ameenah is not liable for any loss or damage, including consequential loss or damage arising from the termination of the contract or purchase order under this clause.
  11. Return of Goods
    1. If you are entitled to return goods under conditions 8.2 and 8.3, you may return your order free of charge. If you are entitled to return goods under condition 8.4, you will be responsible for any applicable costs and charges involved as prescribed therein.
    2. All goods must be returned via Our designated method. We may reduce your refund of the price to reflect any reduction in the value of the products, if your mishandling of Our products has caused them to be damaged. In such circumstances, We will notify you that a reduced refund amount will be available or you can choose to arrange for such products to be returned to you within 30 days of Our notification.
      1. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Please note that the amount of the reduction could be equal to the full amount of the price if We are unable to sell the returned products because they do not meet Our high standards of sale. If We refund you the price paid before We are able to inspect the products and later discover you have handled them in an unacceptable way, you will be obligated pay Us an appropriate amount as compensation.
    3. You may return goods under conditions 8.2 and 8.3, which have been indicated by you to Us, within fourteen (14) days of receipt of such indication. In other cases, Ameenah may at its sole discretion decide to reject the return of the goods. Apart from that, you may only return goods to Ameenah that are listed in Ameenah’s current retail list and are still being sold.
    4. Ameenah will not accept goods that are damaged, where the damage is clearly not caused by Ameenah and/or the goods are not in saleable condition, or the return of items that are on clearance sale.
    5. Processing the Refund:
      1. If you return the goods under conditions 8.2 and 8.3, We will process your refund as soon as possible and in any event within thirty (30) days after the day We receive your returned products and confirm that you are entitled to a refund.
      2. If you return the goods under condition 8.4, We will process the calculated refund as soon as possible and in any event within thirty (30) days after the day We receive the returned products. We will not be obliged to make a refund if you cannot provide evidence that you have sent the products along with their original receipt, all related accessories, instruction booklets, labels, protective covers, and boxes, and in the case of perfume products (which have been sealed for health protection or hygiene purposes), the seal on the film covering the perfume box must not be broken, together with all complimentary items (“Right to Change your Mind Requirements”) back to us. Please ensure that you retain and are able to provide proof of postage. Please note that a full refund will not be provided for returned products that show signs as described in Clause 8.4.2. You are liable for any costs, expenses and charges associated with the return of goods, including but not limited to, administration charges, restocking fees, transport costs, and other associated expenses. The refund amount due from return goods shall be based on the price of the goods as shown in the sales invoice, minus associated costs and conditions as stated under Clause 8.4.2
  12. Limitation of Liability
    1. We are responsible for any foreseeable loss and damage caused by us. If We fail to comply with these terms, We are responsible for any loss or damage you suffer that is a foreseeable result of Our breaking this contract or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both We and you knew it might happen, for example, if you discussed it with Us during the sales process.
    2. Ameenah does not exclude or limit in any way Our liability to you where it would be unlawful to do so. Ameenah shall be liable without limitation for intentional or grossly negligent breaches of duties as well as for damages arising from damage to a person’s life, body or health.
    3. In all other respects, Ameenah shall only be liable if the breached contractual duty is of material significance for attaining the purpose of the contract and only on a limited basis up to the sum of average foreseeable damage typically occurring, but not exceeding the price of the respective good(s) shown in the invoice. In general, however, Ameenah shall, where possible at its sole discretion, replace the goods supplied.
    4. We only supply products to you for domestic and private use and not for commercial, business or resale purposes. We therefore accept no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
  13. Personal information
    1. We will use the personal information you provide to us:
      1. To supply the products to you;
      2. To process your payment for the products; and
      3. If you consent to this during the order processes, to inform you about similar products that We provide; you may stop receiving such notifications at any time by contacting us.
    2. We will only give your personal information to third parties where the law either requires or allows Us to do so.
    3. Please see Our Privacy Policy to understand how We will use personal information submitted by you when creating an account, purchasing products, and otherwise using Our Website.
  14. Laws and Dispute Resolution 
    1. These Terms shall be governed and construed in accordance with the laws of the Kingdom of Thailand.
    2. If either party is not satisfied with the other party’s performance of its obligation, a written description of the problem shall be provided to the other party; or a good faith effort to resolve the problem via non-binding mediation shall be made by both parties.
    3. Should the issue not be solved within thirty (30) days from the written description, the respective party may address the ordinary courts in Thailand.
  15. Severability
    1. If any part of these Terms or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of the Terms which can be given effect without the invalid provisions or applications and to this end the provisions of these Terms are declared to be severable.
  16. Prevailing Language
    1. These Terms are made in two languages, English and Arabic. In case of differences in interpretation and terminology, the English version shall prevail.
  17. Other important terms
    1. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
      1. We may transfer Our rights and obligations under these Terms to another person or organisation. We will tell you in writing if this happens and We will ensure that the transfer will not affect your rights under the contract.
      2. You may only transfer your rights or your obligations under these Terms to another person if We agree to this in writing. We will not unreasonably withhold or delay Our consent.
    2. Subject to the above clauses, this contract is between you (the “Buyer”) and Us (“Ameenah”). No other person shall have any rights to enforce any of its terms.
    3. Even when We are delay in exercising our contractual rights, We can still enforce it later. We may not request you to fulfill your contractual obligations immediately or if We delay in exercising our contractual rights in respect of any breach of this contract, this does not mean that your obligations have been waived nor does it prevent Us in exercising our contractual rights at a later date.
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