Welcome to Onela Market
Our mission is to bring fresh, affordable, and locally-sourced produce to households across Thailand through a convenient weekly delivery service. We aim to create a positive impact by supporting local farmers and ensuring the highest quality products.
As used in these Terms of Service, the terms “Onela Market,” “we,” and “us” refer to ONELA MARKET CO., LTD.. We operate the website www.onelamarket.com where users can purchase produce, packaged goods, other food and beverage items, merchandise, and all related services and promotions (collectively, “Products”). Products are made available through periodic grocery boxes containing Products. We use the word “Website” in these Terms of Service to refer to any and all websites, blogs, and mobile applications owned or operated by Onela Market (including the website currently located at www.onelamarket.com) through which access to our Products is available. References to the “Website” include any and all related features, functionality, tools, and content. Our provision of the Website and sale and delivery of Products are collectively referred to herein as the “Services.”
Please read these Terms of Service, our Privacy Policy, and all other policies, terms, rules, and notices on our Website (collectively, the “Terms”) carefully, because they contain terms and conditions that impact your rights, obligations, and remedies in connection with your use of the Website and Products. As a condition to your access to or use of the Website and purchase of any Products, you consent to be bound by the Terms, so please do not use the Website or purchase Products if you do not agree with all of the Terms. Your use of the Website and purchase of any Products, and our provision thereof to you, constitutes an agreement between you and Onela Market to be bound by each of the terms, guidelines, and rules incorporated into the Terms. Because the Terms are legally binding, we want to make sure you understand them, so if you have any questions, click here.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND ONELA MARKET RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS WILL BE RESOLVED BY BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THE TERMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW SECTION 20 (“DISPUTE RESOLUTION AND ARBITRATION”) FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH ONELA MARKET.
1. An Important Note About Food Safety and Allergens
You are solely responsible for, and assume all risks related to, the proper and safe washing, handling, preparation, storage, refrigeration, cooking, use, and consumption of the Products. You are solely responsible for inspecting all Products for any damage or other issues upon delivery. If you believe that any Products are not suitable for consumption, do not consume the items, and contact us here : support@onelamarket.com.
We recommend that you immediately refrigerate all perishable Products upon delivery and follow the guidelines of the Thai Food and Drug Administration (FDA Thailand) on food safety, and the Department of Livestock Development (DLD) for any animal products. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness.
We cannot currently accommodate any modification due to allergies, and thus do not guarantee that your order will be free from any allergens. You are solely responsible for knowing about and monitoring any food allergies you may have, and reviewing, handling, preparing, using, and consuming any Products you receive accordingly. We cannot guarantee that cross-contamination will not occur between Products.
We attempt to display accurate information about and images of the Products on the Website; however, we do not guarantee the accuracy of such materials and information. Product packaging and material may contain more and/or different information than that provided on the Website, including the Product description, country of origin, nutrition, ingredient, allergen, and other information. Always read all labels, warnings, directions, and other information provided with the Product you receive before using or consuming the Product. The appearance, color, size, condition, and other characteristics of each Product will vary from product to product. Images on the Website are examples only.
In case of any issue with the Products, including returns or delivery problems, please contact Onela Market Co., Ltd. at the following address for assistance:
support@onelamarket.com
Onela Market Co., Ltd.
Tax ID 0505568000722
9 ซอย 1 ถนนมหาโชค ตำบลช้างเผือก อำเภอเมืองเชียงใหม่ จ.เชียงใหม่ 50300
2. Amendment of The Terms
We regularly review the Terms to make sure they accurately reflect our business operations. As such, Onela Market reserves the right to amend the Terms, at any time and without prior notice, including to change, modify, add to, update or remove terms and conditions (collectively “amend” or “update”). If we choose to amend the Terms, we will update the Effective Date at the top of the Terms and post the updated version. We may also, at our option, choose to notify you by email or another means. By continuing to use the Website after we have posted an updated version of the Terms or otherwise notified you of an update, you are affirming that you agree to be bound by the amended Terms.
3. Modifications and Updates to the Websites and Product Offerings
Onela Market reserves the right, in its sole discretion, to modify or discontinue offering the Website and/or Products, in whole or in part, or any features, functionality, tools or content thereof, at any time, for any reason or no reason, with or without notice to you. We also retain the right to impose limits on your use and storage of Website content at our sole discretion at any time without prior notice to you.
You agree that Onela Market has no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, discontinuance or deletions.
4. Your Account
a. Account Registration. While the Website is publicly available, you must register for a user account before you are able to access certain areas of the Website or order Products. You may register for an account directly via the Website.
You may not register for an account on behalf of any person (other than yourself). No person or entity may have more than one account unless expressly permitted by Onela Market.
In the event that you have created and maintained active accounts with both Onela Market and any affiliated entities, your accounts will be combined into a single account which will be communicated to you.
b. Account Set-up. Your account and account profile page will be created based upon the information you provide to us. In order for us to provide you with the best service possible, you agree to provide complete, accurate and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up-to-date.
When you create your account, you will be asked to create a password, which you will be solely responsible for safeguarding. We encourage you to use a strong password (passwords that use a combination of upper and lowercase letters, numbers, and symbols).
You should not disclose your username or password to any third party, and you agree to immediately notify Onela Market of any unauthorized use of your account. You will be solely responsible for any activities or actions on or through your account, whether or not you have authorized such activities or actions.
c. Account Suspension and Deactivation. We may, in our discretion, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your account and take technical and legal steps to prevent you from using our Website at any time for any reason. We may do this if you create more than one account, or if any information provided during the registration process or thereafter is determined to be incomplete, inaccurate, outdated, deceptive or fraudulent.
We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a prolonged period of time. Any discount, credits, referral, or coupon codes associated with such accounts will be deactivated. We also reserve the right to cancel accounts of users who fail to comply with the Terms, including the terms and conditions regarding user conduct, as set forth in the “User Conduct Guidelines” section below and elsewhere in the Terms.
If your account is deactivated or suspended, Onela Market will have the right,
but not the obligation to delete your information.
If Onela Market has suspended your account due to your actual or suspected breach of the Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to Onela Market’s reasonable satisfaction.
5. Orders, Subscriptions, and Cancellation
a. Shopping Windows; Orders. Once you create your account, you may be able to select your preferred delivery day, or you will otherwise be notified of your delivery day for your orders. After your delivery day has been set, you will also be assigned a shopping window in advance of your delivery day, during which you will be able to add or remove Products to your order, which we also call “building your box.”
Your shopping window to build your box will remain open until 11:45 p.m. Eastern Time on the last day of your shopping window, at which time your order will automatically be placed if your cart contains Products meeting the applicable order minimum communicated to you at the time of enrollment (your “Order Minimum”), excluding any applicable taxes, shipping charges, and other charges or Promotions (an “Order”). Your current Order Minimum may thereafter be updated from time to time upon notice to you as described in the “Notices” section below, and you will be able to see your Order Minimum in the “My Plan” section of your Account Home page.
You will be able to see your shopping window dates, billing date, and delivery date for your next Order listed on your Account Home page. If you wish to start shopping prior to the start of your next shopping window and place an Order on an earlier delivery date, certain customers may have the option to do so on the “Upcoming Deliveries” section of your Account Home page, which will change your default delivery day to the new delivery day shown on that page. If you elect to change your default delivery day, you will be able to view your new shopping window dates, billing date, and delivery date listed on your Account Home page.
b. Grocery Subscription; Continuous Subscription.
i. Grocery Subscription Order Process.
When you create your account, YOU ARE AGREEING THAT ONELA MARKET WILL POPULATE YOUR CART WITH PRODUCTS SELECTED BY US AT THE BEGINNING OF EACH SHOPPING WINDOW UNTIL YOU CANCEL. The value of the Products populated in your cart will be within the dollar value range described to you at the time of account creation (excluding any applicable taxes, shipping charges, and other charges or Promotions) or such other dollar value range as we otherwise thereafter specify by written notice to you in a manner described hereunder. We may refer to this program interchangeably as your “Grocery Subscription,” “Grocery Plan” or your “subscription” with us.
After your cart has been populated by Onela Market, you will be able to view your pre-populated cart and have the opportunity to customize your cart further by adding or removing Products to your order at any time prior to the close of your shopping window as shown on your Account Home page. You may also skip your upcoming order through the “Delivery Schedule” section of your Account Home page at any time prior to the close of your shopping window.
If your cart continues to meet your Order Minimum of Products (excluding any applicable taxes, shipping charges, and other charges or Promotions) as of 11:45 p.m. Eastern Time on the last day of your shopping window, your Order will automatically be placed. We may place a pre-authorization hold on your payment method for the estimated total of your Order on the day after your shopping window closes, and your payment method will be charged in full when we pack your Order, at which point we will authorize the release of any excess amounts held.
ii. Consent to Continuous Subscription.
By registering for an account, you expressly acknowledge and agree that (A) YOU ARE SIGNING UP FOR A CONTINUOUS SUBSCRIPTION SERVICE THAT WILL CONTINUE UNTIL YOU CANCEL THROUGH A CANCELLATION METHOD DESCRIBED IN SECTION 5(d) BELOW, (B) BY RETAINING A MINIMUM SUBTOTAL OF YOUR ORDER MINIMUM OF PRODUCTS WITHIN YOUR CART AS OF 11:45 P.M. EASTERN TIME ON THE LAST DAY OF YOUR SHOPPING WINDOW, ONELA MARKET (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU AT THE PRICES LISTED FOR SUCH PRODUCTS WHEN THE ORDER IS PLACED AS DESCRIBED ABOVE (IN ADDITION TO ANY APPLICABLE TAXES, SHIPPING CHARGES, AND OTHER CHARGES AS REFLECTED IN YOUR CART FOR THE ORDER) and (c) the amount you are charged and the number and assortment of the Products you receive each delivery cycle will vary based on the Product selections made by Onela Market and/or you.
Once your Order has been placed, you will no longer be able to add, remove, or substitute any Products in your Order. IF YOU DO NOT WISH TO BE CHARGED FOR YOUR CURRENT ORDER, YOU MUST EITHER REMOVE PRODUCTS FROM YOUR CART TO REDUCE THE CART SUBTOTAL BELOW YOUR ORDER MINIMUM OR SKIP OR PAUSE YOUR ORDER IN THE MANNER DESCRIBED IN SECTION 5(d) BELOW PRIOR TO THE CLOSE OF YOUR APPLICABLE SHOPPING WINDOW FOR THAT ORDER, in which case an Order will not be placed for that upcoming delivery date and your payment method will not be charged. Certain customers may be able to use our Late Cancel feature prior to the close of your Late Cancel Window for that Order if that feature is made available to you as described in Section 5(d) below.
iii. Updating your Grocery Subscription.
The dollar value range of the Products that will be populated in your cart at the start of each shopping window (excluding any applicable taxes, shipping charges, and other charges or Promotions, your “Plan Range”) will be described on the “Plan Summary” section of your “My Plan” page. You may modify your Plan Range by clicking on the “Edit” button in the “Plan Summary” section of this page as further described below.
For other customers, you will have the ability to select your cart preferences (i.e., the specific Product categories that will be populated within your pre-populated cart). You may also have the ability to indicate how many people you are shopping for. Each Product category that you select under the “Cart Preferences” heading will have a starting price associated with it (if applicable, such starting price will be based on the number of people you have indicated you are shopping for), and the price of Products that are populated in your cart from each Product category in any given Order will be within a reasonable range of such starting price. The aggregate dollar range of all Product categories that you select will determine your total Plan Range. If you are one of these customers, your “Plan Summary” section of the “My Plan” page will indicate both your Plan Range and the Product categories that you have selected under the “Cart Preferences” heading, and when you click on the “Edit” button you will see that each Product category within the selection window has its starting price range identified next to it. To edit your Plan Range and Cart Preferences, click the “Edit” button and you will be able to designate both the specific Product categories to be populated in your pre-populated cart (as well as the number of people you are shopping for, if applicable), and these selections will update your expected Plan Range as displayed at the top of the “Plan Settings” section. Please note that you will be required to select a sufficient number of Product categories to meet your Order Minimum, and you will be prompted to select additional Product categories if your Order Minimum is not satisfied based on your selections. By modifying your selections and clicking the “Update” button, your Plan Range and Cart Preferences selections will thereafter apply once your next shopping window opens, and you are consenting to this new Plan Range for your Grocery Subscription.
Finally, some customers will have the ability to indicate how many people you are shopping for and then select your cart preferences (i.e., the specific Product categories that will be populated within your pre-populated cart), but these Product category selections will not affect your total Plan Range. Rather, for these customers the Plan Range will only be impacted by the number of people you indicate you are shopping for. If you are one of these customers, your “Plan Summary” section of the “My Plan” page will indicate both your Plan Range and the Product categories that you have selected under the “Cart Preferences” heading, but when you click on the “Edit” button you will not see specific prices identified for individual Product categories and your new Product category selections will not update your total Plan Range at the top of the “Plan Settings” section. If this applies to you, please note that because your Plan Range will not update, the number of Products that are pre-populated in your cart from any Product category will generally decrease if you increase the total number of Product categories that you want to receive. To update your Product category selections or the number of people you are shopping for, click on the “Edit” button and make your selections. If you update the number of people you are shopping for, you will see an updated expected Plan Range at the top of the “Plan Settings” section. By modifying your selections and clicking the “Update” button, your Plan Range and Cart Preferences selections will thereafter apply once your next shopping window opens, and you are consenting to this new Plan Range for your Grocery Subscription.
Certain Grocery Subscription customers may also be able to update your Order frequency from weekly to every other week by clicking “Edit” under the “Delivery Settings” section of your “My Plan” page. If you elect to change your Order frequency to every other week, you will be able to view your new shopping window dates, billing dates, and delivery dates listed on your “Upcoming Deliveries” section of your Account Home page.
c. Flex Plan. For certain existing Onela Market customers or for customers who have cancelled their Grocery Subscription, you will still be permitted to shop with Onela Market by manually adding or removing all Products to your cart during any open shopping window.
For these Flex Plan customers, if you have added at least your Order Minimum of Products (excluding any applicable taxes, shipping charges, and other charges or Promotions) to your cart as of 11:45 p.m. Eastern Time on the last day of your shopping window, your Order will automatically be placed. We may place a pre-authorization hold on your payment method for the estimated total of your Order on the day after your shopping window closes, and your payment method will be charged in full when we pack your Order, at which point we will authorize the release of any excess amounts held.
If you are a Flex Plan customer, by continuing to use the Services (including by adding Products to your cart) you expressly acknowledge and agree that (a) by adding a minimum subtotal of your Order Minimum of Products to your cart as of 11:45 p.m. Eastern Time on the last day of your shopping window, Onela Market (or our third-party payment processor) is authorized to charge you at the prices listed for such Products when the Order is placed as described above (in addition to any applicable taxes, shipping charges, and other charges as reflected in your cart for the Order) and (b) the amount you are charged and the number and assortment of the Products you receive each delivery cycle will vary based on the Product selections made by you.
Once your Order has been placed, you will no longer be able to add, remove, or substitute any Products in your Order. If your cart does not contain at least your Order Minimum in Products (excluding any applicable taxes, shipping charges, and other charges or Promotions) as of 11:45 p.m. Eastern Time on the last day of your shopping window, an Order will not be placed for that upcoming delivery date and your payment method will not be charged.
d. Skipping your Orders; Cancelling or pausing your Grocery Subscription or account; Upgrading to a Grocery Subscription.
Customers on a Grocery Subscription can skip an upcoming Order in the “Delivery Schedule” section of your Account Home page at any time before 11:45 P.M. Bangkok Time on the last day of your shopping window, or by contacting us here at least forty-eight (48) hours prior to the close of the shopping window for the Order you wish to skip. If you are a Flex Plan customer, your upcoming Order will automatically be skipped unless you meet your Order Minimum as described above.
Except as set forth below, you cannot cancel, pause, skip, or alter an Order after your shopping window has closed for that Order, even if you haven’t been charged for that Order or that Order hasn’t shipped yet. For more information, please read our Cancellation Policy.
For certain customers, you may be permitted to use our “Late Cancel” feature, which allows you to cancel your Order after the close of your shopping window but prior to the time we have begun fulfilling your Order (your “Late Cancel Window”). If you are one of these customers, our Late Cancel feature will be displayed to you on the “Orders” section of your Account Home page next to your most recent Order, and you can use the Late Cancel feature by clicking the “Cancel Order” button for that Order and following the prompts to cancel, in which case you will not receive an Order from that shopping window and any pre-authorization holds on your payment method will be refunded. If you are one of these customers but the “Cancel Order” button is not displayed next to your most recent Order, you are no longer within your Late Cancel Window and cannot cancel your Order. We cannot guarantee the duration of your Late Cancel Window or that it will remain available for the same duration from Order to Order. If you wish to use the Late Cancel feature for an Order, we recommend that you attempt to cancel your Order as soon as possible once you realize that you wish to cancel your Order. For these customers, you cannot cancel an Order after your Late Cancel Window has closed, even if you haven’t been charged for that Order or that Order hasn’t shipped yet.
If you are enrolled in a Grocery Subscription, you can pause your subscription for a designated period of time or cancel your subscription by downgrading to a Flex Plan at any time in the “My Plan” section of your Account Home page or by contacting us here at least forty-eight (48) hours prior to the billing date of your upcoming Order. If you cancel your subscription by downgrading to the Flex Plan, you will still be permitted to shop with Onela Market during your open shopping window and will only be charged for Orders when you manually add Products to your cart as further described in Section 5(c) above.
If you wish to completely cancel your account while on the Flex Plan, you may do so through the “My Plan” section of your Account Home page or by contacting us here.
If you are enrolled in the Flex Plan, you will be eligible to upgrade your account to subscribe to a Grocery Subscription at any time through the “My Plan” section of your Account Home page. If you upgrade to a Grocery Subscription, your Order process will be as further described in Section 5(b) above.
e. Food Preferences. Grocery Subscription customers can help us better customize your Order by using the “Food Preferences” section of your Account Home page. You can see the Products that you have previously ordered under the “Past Items” tab and designate these Products as “Recurring” items, as “Liked” items, or as “Never” items. To remove any of these Products for their Food Preferences designation, simply click on the applicable preference tab and click “Remove” to return the Product to the undesignated “Past Items” tab.
Any Products that you designate as “Recurring” items will be automatically added to your pre-populated cart during each Order period that the Product is available for purchase in addition to the items that were already added to your pre-populated cart based on your designated Plan Range. This means that the subtotal of your Order will increase above your Plan Range to account for the addition of these “Recurring” items. By adding Products to your “Recurring” item list, you are consenting to the addition of these “Recurring” items to your cart and the corresponding increase to your Order price above your Plan Range.
Any Products that you designate as “Liked” items will be prioritized for adding to your pre-populated cart when they are available. However, “Liked” items will only be included in your pre-populated cart if their addition does not cause your Order subtotal to exceed the applicable dollar value for your Plan Range. “Liked” items will not increase your Order subtotal above your Plan Range.
Any Products that you designated as “Never” items will no longer be added to your pre-populated cart for your Grocery Subscription.
Please note that all Food Preferences are designated only for that specific Product, and similar Product types (for example, small bag of apples vs. a large bag of apples) that have not been specifically designated within a preference category will not also be subject to your designated Food Preferences.
f. Cold-Pack Orders. We require that certain of our Products be shipped to you in specialized packaging designed to keep items refrigerator-cold in transit (a “Cold Pack”), and we designate these Products during your shopping experience as requiring a Cold Pack (“Cold-Pack Products”).
For certain customers, we require a separate thirty dollar (฿400) minimum of Cold-Pack Products within any Order in order to receive a Cold Pack. If you place Cold-Pack Products in your cart but do not reach this thirty dollar (฿400) Cold Pack minimum, the Cold-Pack Products in your cart will not be included within your Order and you will not be charged for them.
Certain other customers may be permitted to purchase less than thirty dollars (฿400) in Cold Pack Products for an additional fee on your Order in the amount stated in your shopping cart (“Cold-Pack Fee”). For these customers, the Cold-Pack Fee will automatically be waived if you add a subtotal of at least thirty dollar (฿400) of Cold-Pack Products to your Order. If you are enrolled in this program, it will be described to you on the Cold Pack aisle during your shopping window and your Cold-Pack Fee will be reflected in your cart during your shopping window, including if you have added a qualifying subtotal of Cold-Pack Products for the Cold-Pack Fee to be waived.
Finally, some customers will be offered the ability to purchase Cold-Pack Products without a Cold-Pack Fee and no minimum subtotal. If you are enrolled in this program, you will be notified that it applies to you and you will not see a Cold-Pack Fee listed in your cart during your shopping window.
6. Prices, Payments, and Promotions
a. Prices. You acknowledge that the amount billed may vary due to Promotions, Credits, the particular number and assortment of Products you add to or retain within your cart in each Order, and changes in applicable taxes, shipping charges, or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice. The shipment of Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your account.
b. Payment and Credit Cards. You are responsible for providing Onela Market with valid credit card or payment account details and for the timely payment of all fees.
Please note that the payment information, including name and contact information, that you submit when you register may be used and shared with our payment processing services provider and otherwise used in accordance with our Privacy Policy.
If you wish to designate a different credit card or payment account, or if there is a change in your credit card or payment account status, you must change your information in your account. Doing so may temporarily disrupt your access to your account while Onela Market verifies your new payment information. Any change in the chosen payment method will go into effect for the next billing date.
You acknowledge and agree that following the close of your shopping window we may place a pre-authorization hold on your payment method for the estimated total of your Order. You will be charged in full for the actual total of your Order when we pack your Order, at which point we will authorize the release of any excess amounts held. Please be aware that your payment method’s rules will apply to your credit card or payment account being credited for any hold amounts released and may not be immediately released by your card issuer.
c. Default. If Onela Market is unable to successfully charge your credit card or payment account for fees due, we reserve the right to restrict, suspend access to, or terminate your account and cancel your Order.
7. Product availability; Refunds and Credits
a. Product Availability. A reference to a Product on the Website does not imply or guarantee that it is or will be available at the time of your shopping window or during fulfillment of your Order.
We attempt to display images of the Products on the Website as accurately as possible. However, we do not guarantee the accuracy of such materials and information. The appearance, color, size, condition and other characteristics of each Product will vary from product to product. Images available on the Website are examples only.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products without prior notice. Unless Onela Market agrees or states otherwise in writing, all fees and charges are nonrefundable.
b. Refunds and Credits. If you discover a quality issue regarding your Order, you must reach out to Onela Market within seven (7) days of your receipt of your Order. Please contact us here : support@onelamarket.com for more information on how to notify us of an unsatisfactory Product.
Depending on the circumstances, we may in our sole and absolute discretion replace any Product at our expense, provide you a full or partial refund of the purchase price for the Product, or provide you a credit of promotional value intended to be applied to your next eligible purchase from Onela Market (a “Credit”). We may require the return or photographic documentation of any Product that you are dissatisfied with before we provide you with a refund, replacement, or Credit, as applicable, at our election.
For any returns or refunds, please contact : support@onelamarket.com
Onela Market Co., Ltd.
Tax ID 0505568000722
9 ซอย 1 ถนนมหาโชค ตำบลช้างเผือก อำเภอเมืองเชียงใหม่ จ.เชียงใหม่ 50300
who will handle the return and refund process in accordance with Thai regulations. Refunds will be processed through Stripe, our payment provider, which manages secure international transactions and refunds in compliance with the local banking rules.
Credits are subject to any additional terms and conditions described at the time such Credit is provided or as otherwise described under the “Promos & Credits” section of your Account Home page, including any expiration dates. Credits will typically be automatically applied to your account, but certain Credits may require additional action on your part (e.g., entering a coupon code) in order to be applied to future purchases, which will be communicated to you at the time of issuance. Once applied to your account, Credits will automatically be applied to the purchase of your next Order(s) until exhausted or expired. A maximum of ฿8340 in Credits may be applied to any single Order. Credits will only be applied to Orders that are fulfilled and not to donated or skipped orders. Credits cannot be applied to purchases of Alcoholic Beverages or gift cards.
Credits are promotional in nature, are not transferable, and are not redeemable for cash or other property. Credits only remain available if you maintain a valid account with Onela Market. That means that if you cancel your account, any outstanding Credits associated with your cancelled account will immediately expire. You may only redeem Credits after they are applied to your account. If for some reason you believe there is a discrepancy regarding your Credit balance, please click here to contact us. All decisions regarding your Credit balance will be determined in our sole discretion and are final.
If you receive a refund or Credit for any Product purchased as part of a discount Promotion, your refund or Credit will be the discounted amount of that Product. For example, if the Product is ฿50 and it qualified for a 20% discount, the refund or Credit amount would be ฿40.
All Orders of Alcoholic Beverages, merchandise, and other non-food items are non-refundable.
8. Shipping and Delivery
We deliver across all of Thailand. You agree to pay any shipping and handling charges shown in your cart at the time you place an Order in the manner described in Section 5. Shipping fees are subject to change from time to time, and you will be notified of the shipping charges applicable to your Order based on the charges specified in your cart during your shopping window, including any promotions or discounts that may be applicable to your shipping fees. It is your responsibility to review the shipping fees applicable to each of your Orders. All Products should be shipped to you personally and are not for resale or export.
Certain customers may be eligible for free shipping if their Order exceeds a certain threshold (excluding any applicable taxes, shipping charges, and other charges or Promotions), which we call your “free shipping threshold.” If this applies to you, your free shipping threshold will be identified in the “Plan Summary” section of your “My Plan” page, and your standard shipping fee will not apply to any Orders with a subtotal meeting this free shipping threshold.
You may have the opportunity to select a preferred delivery day, but note that the day is an estimate only, and that your actual delivery date may vary. Any person at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.
If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door, unless other delivery instructions have been communicated to you. You should plan for immediate and proper storage of your products upon delivery.
If you experience a delivery issue relating to your Order, you must reach out to Onela Market within seven (7) days of your scheduled delivery date for your Order. Please click here for more information on how to notify us of a delivery issue.
9. Warranties, Disclaimers, Limitation of Liability, and Indemnification
a. Disclaimers
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, ONELA MARKET EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE SERVICES, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY WEBSITE CONTENT.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
WE ATTEMPT TO DISPLAY IMAGES OF THE PRODUCTS ON THE WEBSITE AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. THE APPEARANCE, COLOR, SIZE, CONDITION AND OTHER CHARACTERISTICS OF EACH PRODUCT WILL VARY FROM PRODUCT TO PRODUCT. IMAGES AVAILABLE ON THE WEBSITE ARE EXAMPLES ONLY.
A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
b. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES IS AND REMAINS WITH YOU AND YOU HEREBY RELEASE ONELA MARKET AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.
WITHOUT LIMITING THE FOREGOING, ONELA MARKET DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES. IN NO EVENT WILL ONELA MARKET BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ONELA MARKET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
NOTHING IN THE TERMS FURTHER IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS SECTION THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT REQUIRED BY LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, ONELA MARKET’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE ONELA MARKET FROM AND AGAINST, AND COVENANT NOT TO SUE ONELA MARKET FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THE TERMS.
c. Indemnification
To the fullest extent permitted by applicable law, you agree to release, defend, indemnify, and hold Onela Market, its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) your access to or use of the Services, including any and all features, functionality, tools, content and promotions available on and through the Website, (ii) your breach of the Terms, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (iii) your gross negligence or willful misconduct.
d. Obligation to Defend
You agree that, at Onela Market’s option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you to conduct the defense, (i) Onela Market may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of Onela Market (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.
e. No Implied Indemnity
No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.
10. Governing Law
No matter where you’re located, the laws of the State of New Mexico will govern the Terms and the relationship between you and Onela Market as if you signed or otherwise agreed to the Terms in New Mexico, without regard to New Mexico’s conflicts of laws rules. If any provisions of the Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. If a lawsuit or court proceeding is permitted under the Terms, then the parties agree to submit to the federal or state courts in New Mexico County, New Mexico for exclusive jurisdiction for the purpose of litigating any dispute arising out of or related to your use of the Services or your breach of the Terms.
Also for any payment-related disputes, Stripe, our third-party payment processor, handles the transactions and any associated issues with Thai banks. Stripe adheres to international and local banking regulations, ensuring secure transactions. Should a dispute arise, Stripe will facilitate the resolution process in collaboration with the appropriate Thai financial institutions.
However, for all matters related to logistics, delivery, returns, such issues shall be governed by the laws of the Kingdom of Thailand and fall under the jurisdiction of the courts and legal institutions located in 9 ซอย 1 ถนนมหาโชค ตำบลช้างเผือก อำเภอเมืองเชียงใหม่ จ.เชียงใหม่ 50300, will be responsible for handling and resolving any disputes, inquiries, or customer service requests related to these matters. Any claims arising from or relating to delivery or logistics will be subject to Thai legal processes.
11. Dispute Resolution and Arbitration
a. Generally. You and Onela Market agree that every dispute arising out of or in connection with the Terms or your use of the Services will be resolved by binding arbitration. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the Terms or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ONELA MARKET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
b. Exceptions. Despite the provisions of Section 11(a) nothing in the Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
c. Arbitrator. Any arbitration between you and Onela Market will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Onela Market. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Onela Market’s address for Notice is: ONELA MARKET CO., LTD., The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Onela Market may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Onela Market must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, we will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Onela Market in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
e. Fees. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New Mexico County, New Mexico, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Onela Market for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party will bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the AAA.
f. No Class Actions. YOU AND ONELA MARKET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Onela Market agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
g. Enforceability. If Section 11(f) is found to be unenforceable or if the entirety of this Section 11 is found to be unenforceable, then the entirety of this Section 11 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 10 will govern any action arising out of or related to the Terms.
12. Termination
a. Termination by You. You may deactivate your account and end your registration at any time, for any reason by sending an email to us at support@onelamarket.com or by clicking here. Such termination will be effective upon our processing of your request. We will retain your Personal Information as described in our Privacy Policy.
b. Termination by Us. We reserve the right to suspend or terminate your account or your access to all or part of the Website, with or without notice and in our sole discretion, for any reason or no reason, including without limitation, if we believe you have violated or acted inconsistently with the letter or spirit of these Terms or any other policies applicable to the Website, Products, or Services, or if we believe your conduct may harm Onela Market, its users or others. Upon termination of your account, your right to access and/or use the Website will immediately cease. We will not be liable to you or any third party for any claims or damages arising out of any termination or suspension of your account or any other actions taken by us in connection with such account termination or suspension. Termination of your account will not affect any of our rights or your obligations arising under these Terms prior to termination.
c. Survival. All provisions of the Terms, which by their nature should survive, shall survive termination of your account or these Terms, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. General Terms
a. Force Majeure. In no event shall Onela Market be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside Onela Market’s reasonable control.
b. No Waiver. No failure or delay by Onela Market in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder at law or equity.
c. Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
d. Assignment. These Terms (and any associated rights or obligations) may not be assigned or otherwise transferred by you without Onela Market’s prior written consent. These Terms may be assigned by Onela Market without restriction. These Terms are binding upon any permitted assignee.
e. Entire Agreement. These Terms, including all policies and guidelines incorporated by reference, constitute the entire agreement between you and Onela Market concerning the subject matter hereof and supersede all prior agreements or understandings regarding the same. Notwithstanding the foregoing, these Terms do not alter the terms or conditions of any other agreement you may have with Onela Market or its affiliates for products, services or otherwise. For the avoidance of doubt, the terms of your agreement with ONELA MARKET CO., LTD. will apply to any disputes related thereto.
f. Interpretation. Section headings are for reference only and shall not affect the meaning or interpretation of these Terms.
g. Notices. We may provide notices to you in the following ways: (1) by email to the last email address provided by you (if any); (2) by posting on the Website; or (3) by any other method of communication as deemed reasonable by us. You must send any notices of a legal nature to us by sending an email to support@onelamarket.com or by certified or registered mail (signature required) to ONELA MARKET CO., LTD.
If you have any questions or concerns about these Terms, please contact us at support@onelamarket.com.
Effective Date: 13 June, 2024
Company Name: ONELA MARKET CO., LTD.
Company Address: 9 Soi 1 Mahachok Road, sous-district de Chang Phueak District de Muang Chiang Mai, province de Chiang Mai 50300
Product Origins: Our products are sourced from local, certified Thai farms, vetted and verified through stringent documentation and quality control processes to ensure the highest standards.