Terms and Conditions
Welcome to THE THANA’s website (the-thana.com, the “Site”), owned by THE THANA (“THE THANA”, “we”, “us”, “our”).
Purchasing of any products supplied by THE THANA ("Products") requires that you accept THE THANA’s privacy policy. Please go to THE THANA's privacy policy for information on how THE THANA collects and uses personal information from users of THE THANA.
Your purchases of any Products via THE THANA will be governed by the following terms and conditions. Please read these terms and conditions carefully before ordering any Products from THE THANA. You should understand that by ordering any Products, you agree to be bound by these terms and conditions.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1. About These Terms and Conditions
These Terms and Conditions are applicable to all orders and purchases made in THE THANA.
With regard to the purchases in THE THANA, we will communicate electronically by sending email. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.
THE THANA may revise these Terms and Conditions from time to time. Any changes to the Terms and Conditions will apply to orders placed on or after the effective date stated in these Terms and Conditions or elsewhere on THE THANA. You are advised to check this page from time to time to take notice of any changes, as they are binding on you.
Before placing an order for products, you must read and agree to be bound by these Terms and Conditions. Your attention is drawn in particular to the provisions of clause 13 (Liability). If you find yourself unable to agree to these Terms and Conditions, you may not proceed to purchase any products listed on THE THANA.
2. Your Account
If you create an account (personal user identification or username) on THE THANA, you are responsible for maintaining the confidentiality of your username and password and for restricting access to your password, and you agree to accept responsibility for all activities and for each purchase that occurs under your account unless those activities or purchases are carried out by an unauthorised third party who has gained access to your account other than by reason of your negligence or carelessness.
3. Place an Order
To be able to buy Products, you have to:
You will be provided with an opportunity to review your order(s), read and accept the Terms and Conditions, check the total price of your order(s) and the information you have provided and correct any input errors before confirming your order(s).
4. Order Processing and Contract Formation
Once you have submitted and confirmed your order(s) using THE THANA, THE THANA will send an email to the email address you provided acknowledging receipt of the order(s) and setting out details of the ordered Product(s).
THE THANA may choose not to accept any order in THE THANA's sole discretion including without limitation in the case of abnormal orders and orders which THE THANA suspects are not placed in good faith.
After receiving your order(s), THE THANA will check that the relevant Product(s) is (are) in stock. A contract for the sale of Products between you and THE THANA will only be formed when THE THANA emails you confirming that all or part the Product(s) is/are still available and has/have been dispatched. The order is formed on sending the email whether or not you actually receive such email.
5. Prices, Shipping and Handling & Charges
The price charged for a Product will be the price in effect at the time your order is placed and will be set out in the confirmation email.
In the event of a pricing error, whether on THE THANA or in the confirmation email or otherwise, you accept that THE THANA has the right to correct such error and charge the correct price or cancel the order. If the actual price is more than the amount shown on the confirmation email, THE THANA will notify you the correct price before processing your order, and your sole remedy in the event of such error is to cancel your order.
You acknowledge that even after THE THANA has sent you a Shipping Confirmation Email, if the pricing error is obvious and could have reasonably been recognised by you as a misprice, then THE THANA is under no obligation to provide a Product to you at an incorrect (lower) price.
Prices for Products and for shipping and handling are liable to change at any time, but changes will not normally affect orders in respect of which we have already sent you a confirmation email (save in the case of a manifest pricing error as described above).
6. Payment
Payment shall be made by one of the methods you have selected during the checkout process.
Approved credit card or debit card types are listed in the order checkout form in THE THANA. In the event THE THANA does not receive the relevant credit card company's authorization, THE THANA reserves the right to cancel your order.
The value of your purchase(s) will be settled from the applicable card once THE THANA has sent you the confirmation email.
7. Delivery
For product delivery, delivery shall in any event take place within 30 days after dispatch of the confirmation email. THE THANA reserves the right to substitute another carrier of equal or lesser cost to deliver your order.
If you unreasonably defer delivery or delay the receipt of delivery after THE THANA has notified you that they have tried to deliver the ordered items to you, or if you have provided them with an incorrect delivery address which results in an unsuccessful delivery, you need to contact the carrier promptly for collection, failing which the delivery package will be returned to THE THANA within 3 days from the date of 2nd attempts of unsuccessful delivery. THE THANA reserves its rights to claim from you any loss occasioned by your neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the ordered items.
8. Unexpected Events
THE THANA shall not be held responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission accident or circumstance beyond its reasonable control including but not limited to:
THE THANA's performance is deemed to be suspended for the period that the above continues.
9. Product Availability
THE THANA uses reasonable efforts to ensure the availability of Products you order from THE THANA. However Products are made available to purchase on a "first in-first out" basis and are only available whilst stocks last.
10. Product Compatibility and Information
You are responsible for ensuring that the Products you purchase are compatible for the intended use when placing your order. Please use THE THANA’s Site as your final point of reference when checking compatibility. In the event of a difference between THE THANA content and any other website (or any other source of information) the compatibility of Products as shown on THE THANA at the time of purchase will be seen as taking precedence.
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact us for assistance without delay.
11. Product Title
THE THANA retains full legal title to Products until it has received all amounts due on the ordered Products in full. The Products will be at your risk from the time of delivery. Ownership will pass to you when we receive payment in full for the Products ordered.
12. Return and Exchange
Due to hygiene reasons, there will strictly be no returns, exchanges or refunds on all Products. Unless item arrives broken, damaged or incorrect order is sent. If this is the case, please contact us for assistance.
13. Liability
THE THANA warrants to you that any Product purchased from or through THE THANA is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
THE THANA responsible for indirect losses which happen as a side effect of your main loss or damage and which are not reasonably foreseeable by you or THE THANA, including but not limited to loss of anticipated savings.
These Terms and Conditions set out the full extent of the obligations and liabilities of THE THANA in respect of the sale of the Products via THE THANA. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on THE THANA other than those set out in these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights as a consumer.
To the full extent permitted by law, the total liability of THE THANA shall be limited to the amount actually paid for the purchase of the applicable products form THE THANA. This does not include or limit in any way the liability of THE THANA respectively:
14. Severability
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall be enforced to the fullest extent permitted by applicable law not affecting the validity and enforceability of any remaining provisions.
15. Contact Details
THE THANA will assist you with any THE THANA order-related questions or complaints. You can contact THE THANA via email thethanahk@gmail.com from Monday to Friday between 9a.m. - 6p.m, except for public holidays.
16. Transfer of Rights and Obligations
These Terms and Conditions are binding on you and THE THANA and on any person THE THANA might transfer its rights to.
You may not transfer, assign, charge or otherwise dispose of a contract with THE THANA, or any of your rights or obligations arising under it, without our prior written consent.
THE THANA may transfer, assign, charge, sub-contract or otherwise dispose of a contract with you, or any of THE THANA's rights or obligations arising under it, at any time during its term.
17. Waiver
If THE THANA fails, at any time to insist upon strict performance of any of your obligations under these Terms and Conditions, or THE THANA fails to exercise any of the rights or remedies to which it is entitled under these Terms and Conditions this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18. Entire Agreement
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between THE THANA and you and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
You acknowledge that, in entering into a contract with THE THANA, you have not relied on any representation, undertaking or promise given by THE THANA or any third party or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these Terms and Conditions.
19. Governing Law and Jurisdiction
These Terms and Conditions and your purchase of products from THE THANA shall be governed by and construed in accordance with the laws of Hong Kong S.A.R..
Any dispute or claim arising out of or in connection with these Terms and Conditions or your purchase of Products from THE THANA (including non-contractual disputes or claims) shall be subject to the jurisdiction of the courts of the Hong Kong S.A.R..
We reserve rights to make amendments about any terms and conditions. In any case of disputes, decisions made by THE THANA shall be final.
Last Updated 12 February 2024
Purchasing of any products supplied by THE THANA ("Products") requires that you accept THE THANA’s privacy policy. Please go to THE THANA's privacy policy for information on how THE THANA collects and uses personal information from users of THE THANA.
Your purchases of any Products via THE THANA will be governed by the following terms and conditions. Please read these terms and conditions carefully before ordering any Products from THE THANA. You should understand that by ordering any Products, you agree to be bound by these terms and conditions.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1. About These Terms and Conditions
These Terms and Conditions are applicable to all orders and purchases made in THE THANA.
With regard to the purchases in THE THANA, we will communicate electronically by sending email. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.
THE THANA may revise these Terms and Conditions from time to time. Any changes to the Terms and Conditions will apply to orders placed on or after the effective date stated in these Terms and Conditions or elsewhere on THE THANA. You are advised to check this page from time to time to take notice of any changes, as they are binding on you.
Before placing an order for products, you must read and agree to be bound by these Terms and Conditions. Your attention is drawn in particular to the provisions of clause 13 (Liability). If you find yourself unable to agree to these Terms and Conditions, you may not proceed to purchase any products listed on THE THANA.
2. Your Account
If you create an account (personal user identification or username) on THE THANA, you are responsible for maintaining the confidentiality of your username and password and for restricting access to your password, and you agree to accept responsibility for all activities and for each purchase that occurs under your account unless those activities or purchases are carried out by an unauthorised third party who has gained access to your account other than by reason of your negligence or carelessness.
3. Place an Order
To be able to buy Products, you have to:
- Read and accept these Terms and Conditions;
- Provide a delivery address (note that THE THANA is unable to deliver to certain addresses, including but not limited to, P.O. Box addresses, some hotels, hostels or prisons); and
- Be legally capable of entering into binding contracts be the owner or authorized holder of a valid credit card or debit card to buy the Products if paying with a credit card or debit card.
You may place an order by clicking on the “Add to cart” button and proceeding to the checkout page.
You will be provided with an opportunity to review your order(s), read and accept the Terms and Conditions, check the total price of your order(s) and the information you have provided and correct any input errors before confirming your order(s).
4. Order Processing and Contract Formation
Once you have submitted and confirmed your order(s) using THE THANA, THE THANA will send an email to the email address you provided acknowledging receipt of the order(s) and setting out details of the ordered Product(s).
THE THANA may choose not to accept any order in THE THANA's sole discretion including without limitation in the case of abnormal orders and orders which THE THANA suspects are not placed in good faith.
After receiving your order(s), THE THANA will check that the relevant Product(s) is (are) in stock. A contract for the sale of Products between you and THE THANA will only be formed when THE THANA emails you confirming that all or part the Product(s) is/are still available and has/have been dispatched. The order is formed on sending the email whether or not you actually receive such email.
5. Prices, Shipping and Handling & Charges
The price charged for a Product will be the price in effect at the time your order is placed and will be set out in the confirmation email.
In the event of a pricing error, whether on THE THANA or in the confirmation email or otherwise, you accept that THE THANA has the right to correct such error and charge the correct price or cancel the order. If the actual price is more than the amount shown on the confirmation email, THE THANA will notify you the correct price before processing your order, and your sole remedy in the event of such error is to cancel your order.
You acknowledge that even after THE THANA has sent you a Shipping Confirmation Email, if the pricing error is obvious and could have reasonably been recognised by you as a misprice, then THE THANA is under no obligation to provide a Product to you at an incorrect (lower) price.
Prices for Products and for shipping and handling are liable to change at any time, but changes will not normally affect orders in respect of which we have already sent you a confirmation email (save in the case of a manifest pricing error as described above).
6. Payment
Payment shall be made by one of the methods you have selected during the checkout process.
Approved credit card or debit card types are listed in the order checkout form in THE THANA. In the event THE THANA does not receive the relevant credit card company's authorization, THE THANA reserves the right to cancel your order.
The value of your purchase(s) will be settled from the applicable card once THE THANA has sent you the confirmation email.
7. Delivery
For product delivery, delivery shall in any event take place within 30 days after dispatch of the confirmation email. THE THANA reserves the right to substitute another carrier of equal or lesser cost to deliver your order.
If you unreasonably defer delivery or delay the receipt of delivery after THE THANA has notified you that they have tried to deliver the ordered items to you, or if you have provided them with an incorrect delivery address which results in an unsuccessful delivery, you need to contact the carrier promptly for collection, failing which the delivery package will be returned to THE THANA within 3 days from the date of 2nd attempts of unsuccessful delivery. THE THANA reserves its rights to claim from you any loss occasioned by your neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the ordered items.
8. Unexpected Events
THE THANA shall not be held responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission accident or circumstance beyond its reasonable control including but not limited to:
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Strikes or lock-outs (or other industrial action);
- National or local states of emergency;
- Failure of transportation facilities, power or utility outages, earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- The acts, decrees, legislation, regulations or restrictions of any government.
THE THANA's performance is deemed to be suspended for the period that the above continues.
9. Product Availability
THE THANA uses reasonable efforts to ensure the availability of Products you order from THE THANA. However Products are made available to purchase on a "first in-first out" basis and are only available whilst stocks last.
10. Product Compatibility and Information
You are responsible for ensuring that the Products you purchase are compatible for the intended use when placing your order. Please use THE THANA’s Site as your final point of reference when checking compatibility. In the event of a difference between THE THANA content and any other website (or any other source of information) the compatibility of Products as shown on THE THANA at the time of purchase will be seen as taking precedence.
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact us for assistance without delay.
11. Product Title
THE THANA retains full legal title to Products until it has received all amounts due on the ordered Products in full. The Products will be at your risk from the time of delivery. Ownership will pass to you when we receive payment in full for the Products ordered.
12. Return and Exchange
Due to hygiene reasons, there will strictly be no returns, exchanges or refunds on all Products. Unless item arrives broken, damaged or incorrect order is sent. If this is the case, please contact us for assistance.
13. Liability
THE THANA warrants to you that any Product purchased from or through THE THANA is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
THE THANA responsible for indirect losses which happen as a side effect of your main loss or damage and which are not reasonably foreseeable by you or THE THANA, including but not limited to loss of anticipated savings.
These Terms and Conditions set out the full extent of the obligations and liabilities of THE THANA in respect of the sale of the Products via THE THANA. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on THE THANA other than those set out in these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights as a consumer.
To the full extent permitted by law, the total liability of THE THANA shall be limited to the amount actually paid for the purchase of the applicable products form THE THANA. This does not include or limit in any way the liability of THE THANA respectively:
- For death or personal injury caused by their negligence;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for Pandora or SDSA to exclude, or attempt to exclude, liability.
14. Severability
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall be enforced to the fullest extent permitted by applicable law not affecting the validity and enforceability of any remaining provisions.
15. Contact Details
THE THANA will assist you with any THE THANA order-related questions or complaints. You can contact THE THANA via email thethanahk@gmail.com from Monday to Friday between 9a.m. - 6p.m, except for public holidays.
16. Transfer of Rights and Obligations
These Terms and Conditions are binding on you and THE THANA and on any person THE THANA might transfer its rights to.
You may not transfer, assign, charge or otherwise dispose of a contract with THE THANA, or any of your rights or obligations arising under it, without our prior written consent.
THE THANA may transfer, assign, charge, sub-contract or otherwise dispose of a contract with you, or any of THE THANA's rights or obligations arising under it, at any time during its term.
17. Waiver
If THE THANA fails, at any time to insist upon strict performance of any of your obligations under these Terms and Conditions, or THE THANA fails to exercise any of the rights or remedies to which it is entitled under these Terms and Conditions this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18. Entire Agreement
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between THE THANA and you and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
You acknowledge that, in entering into a contract with THE THANA, you have not relied on any representation, undertaking or promise given by THE THANA or any third party or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these Terms and Conditions.
19. Governing Law and Jurisdiction
These Terms and Conditions and your purchase of products from THE THANA shall be governed by and construed in accordance with the laws of Hong Kong S.A.R..
Any dispute or claim arising out of or in connection with these Terms and Conditions or your purchase of Products from THE THANA (including non-contractual disputes or claims) shall be subject to the jurisdiction of the courts of the Hong Kong S.A.R..
We reserve rights to make amendments about any terms and conditions. In any case of disputes, decisions made by THE THANA shall be final.
Last Updated 12 February 2024