LEGAL NOTICE
Website Terms of Use
Terms and conditions for use of the Alufence website
These Terms govern use of the website https://www.alufence-th.com, operated under the trade name Alufence. By using the website, including browsing, downloading a catalogue, sending a message or using any other function, you agree to be bound by these Terms.
If you do not agree, you must stop using the website. These Terms do not exclude rights conferred by consumer-protection law or the Personal Data Protection Act B.E. 2562, and must not be read as a waiver of rights that cannot be waived by law.
1 Parties and binding effect
The website operator under these Terms is the operator of the website under the trade name Alufence. Contact: showroom 64/161 Ratchaphruek Rd, Om Kret, Pak Kret, Nonthaburi 11120; email alufence.th@gmail.com; telephone 095-116-9889. In these Terms, “Alufence” or “we” means that operator.
“You” means the natural or juristic person who uses the website, including a person acting for another.
If you use the website for a juristic person, you represent that you have authority to bind that person, and these Terms bind both you and that person.
2 Definitions
“Website” means the site at https://www.alufence-th.com, including English pages under /en, and the content, images, video, catalogues and functions provided on the same domain.
“Content” means text, photographs, drawings, video, trade marks, logos, gate designs, specifications, articles, catalogue files and other material on the website.
“Products” means the architectural aluminium systems presented on the website, including gates, façades, battens, balustrades, decking and security screens, as described on each page.
Undefined terms have their ordinary commercial meaning in the context of these Terms.
3 Legal status of the website
The website is provided to inform visitors about products, projects, the showroom and how to make contact. Content on the website is an invitation to treat, not an offer under the Civil and Commercial Code, and not a public offer of sale that forms a contract of sale or hire of work merely by browsing.
Product displays, images, dimensions, colours, specifications, articles or warranty statements on the website do not form a contract, do not constitute binding representations beyond a written quotation or signed or expressly agreed contract, and do not fix a price that a visitor may accept at once.
A contract of sale, hire of work, installation, warranty and payment terms takes effect when the parties agree in writing or in the form Alufence uses commercially for that matter.
4 Relationship with other documents and contracts
Personal data is governed by the Privacy Notice. Cookies are governed by the Cookie Notice. These Terms do not limit your rights under those notices.
If these Terms conflict with the Privacy Notice on data protection, the Privacy Notice prevails. If they conflict with the Cookie Notice on cookies, the Cookie Notice prevails.
If there is a written contract of sale, hire of work or installation, that contract prevails over these Terms for the subject matter of that contract. These Terms continue to govern use of the website.
If the Thai and English texts conflict, the Thai text prevails.
5 Eligibility
You represent that you are of legal age and capacity. If you are a minor, you may use the website only under the supervision of your legal representative under the Civil and Commercial Code.
The website is not directed at children, and Alufence does not intend to contract through the website with a person who cannot bind themselves.
6 Intellectual property
Content on the website, including the name Alufence, marks, logos, gate designs, project photographs, articles, catalogues and page layout, is owned by Alufence or its licensors and is protected by the Copyright Act B.E. 2537, the Trademark Act B.E. 2534 and other applicable law.
You must not reproduce, adapt, communicate to the public, rent, sell, reverse-engineer, use as training data for a commercial artificial-intelligence system, or otherwise commercially exploit the content without Alufence’s prior written permission, except where copyright law allows the act without permission.
Product names, colour ranges and gate-design names on the website identify Alufence products. Similarity to another person’s product name does not imply endorsement unless expressly stated.
Architectural design rights in a house or project shown in a photograph remain with the person legally entitled to them. The photograph is shown to illustrate Alufence products.
7 Licence to use the website
Alufence grants you a personal, non-exclusive, revocable licence to use the website and to download catalogues made available on it, for considering the purchase or installation of Alufence products or for studying product information.
The licence does not transfer ownership of the content, confer a right to register a mark, or allow use of the content to advertise another person’s products.
Alufence may suspend or limit access to all or part of the website if there is reasonable cause to believe these Terms have been breached, or to protect the security of the system.
8 Prohibited use
When using the website you must not do any of the following.
- Use the website unlawfully, fraudulently, misleadingly or in infringement of another person’s rights.
- Introduce viruses or harmful code, or attempt unauthorised access to systems, accounts or data.
- Interfere with the website, copy its content in bulk by automated means, or scrape the website for a commercial purpose without permission.
- Misrepresent your identity or a connection with Alufence.
- Send spam, advertise another person’s products, or send information you have no right to send.
- Use Alufence product images or gate designs in your advertising, catalogue or website in a way that suggests they are your products.
9 Product information, images, colour and dimensions
Product information on the website is prepared with reasonable care as at the date of publication. Dimensions, technical details, weights, clearances and performance may change with material batch, site conditions and installation requirements.
Colours and finishes on a screen may differ from the installed product because of device lighting, display settings and site light. Colour selection should follow physical samples at the showroom or samples supplied by Alufence, and the description in the quotation.
Project photographs show installations in particular settings. They do not guarantee the same result on your project. Design, structural support, sliding gear, motors and foundations must be assessed on site by a suitably qualified person.
Promotional statements, including those about innovation, origin of a system or warranty duration, must be read with the conditions in the quotation and any written warranty for that item.
10 Catalogues, articles and general content
Catalogues, articles, frequently asked questions and guides on the website are general information to assist consideration. They are not engineering, architectural, legal or safety advice for your particular project.
You must check official requirements, juristic-person rules, local by-laws and site conditions before ordering or installing. Alufence is not liable for loss from reliance on general website content without checking with a qualified person and with the quotation.
Alufence may update, remove or replace content at any time without prior notice. Superseded content is not binding once replaced on the website.
11 Enquiries, quotations and contracts
Submitting the contact form, telephoning, emailing or contacting Alufence via LINE or Facebook is a request that Alufence reply. It is not an order and not an acceptance of a quotation.
A quotation is effective for the period, on the conditions and for the items stated in it. If no period is stated, Alufence may treat it as spent when costs or the product range change.
Price depends on size, design, finish, hardware, site conditions, delivery and the scope of installation. Unless agreed in writing, a price in advertising or an oral estimate is not binding.
Made-to-order work may be non-cancellable or non-returnable as stated in the contract. Once a contract exists, the parties’ rights and duties are those of that contract.
12 Material you send
When you send a message, drawing, photograph or file, you represent that you have the right to send it and that it does not infringe another person’s rights.
You grant Alufence permission to use, copy and pass that material within the organisation and to contractors who need it, in order to reply, make an appointment and prepare a quotation. That permission does not make Alufence the owner of your architectural design and does not allow Alufence to publish photographs of your house unless you agree otherwise.
You must not send another person’s personal data without a legal basis, and must not send sensitive personal data through the website unless it is strictly necessary for your request.
13 Third-party services and content
The website may display a Google Maps embed, YouTube videos, links to LINE or Facebook, and third-party analytics or marketing tools. Use of those services is governed by their own terms and policies.
Alufence does not warrant the accuracy, continuity or security of third-party services and is not responsible for content on external sites reached through a link on this website.
Non-essential cookies are governed by the Cookie Notice. Refusing consent may prevent analytics or marketing tools from working. Product videos from YouTube still display.
14 Disclaimer of website warranties
The website is provided as is and as available when you use it. Except where the law requires otherwise, Alufence does not warrant that the website will be uninterrupted, error-free, free of harmful code, or fit for your particular purpose.
This clause does not exclude product warranties under a contract of sale or a written warranty once you have contracted, and does not exclude rights conferred by consumer-protection law if you are a consumer under that law.
15 Limitation of liability
Subject to law that cannot be varied by agreement, Alufence’s liability arising from use of the website or from reliance on its content is limited to the amount you paid Alufence for the related matter in the twelve months before the event giving rise to liability, or 5,000 baht, whichever is higher. If you have paid Alufence nothing, that liability is limited to 5,000 baht.
Alufence is not liable for indirect loss, lost profit, lost data, or loss from inability to use the website, except where the loss is caused by Alufence’s wilful act or gross negligence, or where the law forbids the limitation.
This clause does not apply to liability for a wilful act or gross negligence, to liability for death, bodily harm or health that cannot be limited by law, or to your rights under the Personal Data Protection Act B.E. 2562 that cannot be limited.
16 Indemnity
You agree to indemnify Alufence against loss, expense and reasonable legal costs that Alufence incurs because you used the website in breach of these Terms, sent material that infringes another person’s rights, or used website content without a right to do so, except to the extent the loss is caused by Alufence’s wilful act or gross negligence.
17 Force majeure
Alufence is not liable for delay or inability to make the website available caused by events beyond reasonable control, including natural disaster, acts of government, failure of power or internet networks, cyber attack, and failure of a third-party provider.
18 Privacy
Collection, use and disclosure of personal data are governed by the Privacy Notice and the Cookie Notice, which are available from the website footer.
Submitting the contact form supplies data so that Alufence may act on your request. It is not consent to advertising cookies or pixels.
19 Changes to these Terms
Alufence may amend these Terms. An amendment takes effect when published on the website, with the effective date and version stated at the head. Use of the website after that time is agreement to the amended Terms, unless the law requires agreement in another form.
If you do not agree to the amended Terms, you must stop using the website. A contract made before the amendment remains in force on its own terms.
20 Severability, waiver and assignment
If a provision of these Terms is void or unenforceable, the remaining provisions continue, and the provision is to be read so as to give effect to its intent so far as the law allows.
Failure by Alufence to exercise a right at any time is not a waiver of that right unless waived in writing.
You may not assign rights or duties under these Terms without Alufence’s written consent. Alufence may assign its rights and duties under these Terms to a transferee of the business or a new operator of the website.
21 Governing law and jurisdiction
These Terms and disputes about use of the website are governed by the laws of the Kingdom of Thailand, without regard to conflict-of-law rules.
The courts of Thailand have jurisdiction over disputes arising from these Terms or from use of the website. This does not prevent you from using a court that has jurisdiction under consumer-protection law if you are a consumer under that law.
22 Language
These Terms are issued in Thai and English. If the texts conflict, the Thai text prevails.
23 Contact
Questions about these Terms may be sent to Alufence at alufence.th@gmail.com, telephone 095-116-9889, showroom 64/161 Ratchaphruek Rd, Om Kret, Pak Kret, Nonthaburi 11120, or through the website’s contact page.
