Please read the terms and conditions ("Terms and Conditions") set out below carefully before ordering any Goods or Services from this Website. By ordering any Goods or Services from this Website, by phone, or via chat you agree to be bound by these Terms and Conditions.
General terms and conditions
Section 1: Introduction
1.1. We are GoTasty, a brand of https://www.gotasty.co.th, unless otherwise stated.
Section 2: Definitions
2.1. "Agreement" is a reference to these Terms and Conditions, any order form and payment instructions provided to you;
2.2. "you", "your" and "yours" are references to you the person accessing this Website and ordering any Goods or Services from the Website or from any other channel provided by GoTasty;
2.3. "we", "us", "our", and "GoTasty" are references to the Company;
2.4. "Goods" is a reference to any goods which we may offer for sale from our Website from time to time;
2.5. "Service" or "Services" is a reference to any service which we may supply and which you may request via our Website;
2.6. "Participating Vendor" is a third party, which has agreed to co-operate with the Company to prepare and/or deliver the Goods or Services.
2.7. "Cake Delivery" is a reference to perishable goods and to any form of delivery service, which are both provided by our Participating Vendors and for both of which our Participating Vendors take full responsibility.
2.8. "Website" is a reference to our Website https://www.gotasty.co.th or chat accounts on mobile applications on which we offer our Goods or Services.
Section 3: Ordering
3.1. By placing an order through our Website, you enter into an agreement with GoTasty with respect to the processing of that order and forwarding it to the Participating vendor. If you are paying online, GoTasty is also responsible for any returns or refunds. However, the vendor remains responsible for the preparation, quality and delivery of your order.
3.2. Cake Delivery, Goods and Services purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
3.3. When ordering from this Website you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
3.4. We will take all reasonable care, as far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
3.5. Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Participating Vendor. When you place your order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Participating Vendor will be able to fulfill your order. Once we have sent the confirmation email we will check availability and delivery capacity.
Section 4: Prices and Payment
4.1. Any contract for the supply of Cake Delivery from this Website is between you and the Participating Vendor; for the supply of Goods or Services from this Website any contact is between you and GoTasty. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
4.2. All prices listed on the Website are correct at the time of publication; however, we reserve the right to alter these in the future. Prices are inclusive of the relevant sales tax and delivery charges. We also reserve the right to alter the Goods or Services available for sale on the Website and to stop listing restaurants, Goods or Services.
4.3. All prices listed on the Website for cake Delivery by the Participating vendor or a delivery partner listed on the Website reflect the price the Participating vendor or the third-party provider charges at the time of listing. As far as possible, we maintain the same price as that of the vendor from which you are ordering, except in the case of GoTasty Artisan Bakers, where the price has been marked up. In case the price listed is not current and the vendor informs us immediately after placing the order, we will contact you to inform you about the price difference and you can choose to opt-out of the order.
4.4. All prices listed on the Website for Goods and Services by GoTasty reflect the price at the time of listing. In the case the price listed is not current, we will contact you to inform you about the price difference and you can choose to opt-out of the order.
4.5. All prices for delivery by GoTasty or a third-party provider assigned by GoTasty listed on the Website are correct at the time of publication, however, we reserve the right to alter these in the future
4.6. The total price for Cake Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the Website when you place your order. Full payment must be made before order is confirmed. Payment must be made by bank transfer or, if available on the website, by online payment, e.g. credit or debit card.
4.7. If you choose online payment. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.
Section 5: Delivery
5.1. If delivery is done by the Participating Vendor or its delivery partners, it is the Participating Vendor sole responsibility to provide cake Delivery in a timely manner.
5.2. In the case delivery is done by GoTasty or a third-party delivery partner assigned by GoTasty, we will give great care to deliver in a timely manner. No responsibility is taken for late delivery by GoTasty in either case.
5.3. We and the Participating Vendor will make every effort to deliver within the time stated, however, we will not be liable for any loss caused to you by ordering late. If the Goods are not delivered within the estimated delivery time quoted by us, please contact us by telephone or chat and we will try to ensure that you receive your order as quickly as possible.
5.4. In case of a late delivery, the delivery charge will neither be voided nor refunded by GoTasty.
5.5. All risk in the Goods and the Cake Delivery shall pass to you upon delivery.
5.6. If you fail to accept delivery of Cake Delivery and/or Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any storage, insurance, and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
5.7. You must ensure that at the time of delivery of Cake Delivery and/or Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
5.8. Participating Vendor and GoTasty shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
5.9. Please note that it might not be possible for Participating Vendor to deliver to some locations. If this is the case, our Participating Vendor or GoTasty will inform you using the contact details that you provide to us when you place your order and arrange for cancellation of the order or delivery to an alternative delivery address.
Section 6: Cancellation
6.1. You must notify GoTasty immediately if you decide to cancel your order, preferably by chat or phone, and quote your order number. If the vendor accepts your cancellation, no cancellation fee applies. If the vendor refuses cancellation, e.g. because preparation of cake has been completed, it may not be canceled.
6.2. We may cancel a contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made.
6.3. If the cancellation was made in time and once the vendor has accepted your cancellation, we will refund within 14 days.
6.4. GoTasty and our Participating Vendor may provide you with a refund in certain circumstances. If you are not satisfied with your order, please contact us and we shall liaise with the Participating Vendor.
In order to be eligible for a refund, you must contact GoTasty within 30 minutes of receiving your order and store the received items in the manner appropriate to the type of food (e.g. keep chilled items chilled, frozen item frozen etc.).
Section 7: Limitation of Liability
7.1. Great care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
7.3. We disclaim any and all liability to you for the supply of the Cake Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
7.4. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
7.5. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
7.6. In the event GoTasty has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, GoTasty may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, GoTasty reserves the right to seek compensation from any and all violators.
7.7. Offers are subject to GoTasty’s discretion and may be withdrawn at any time and without notice.
Section 8: General
8.1. All prices are in Thai baht.
8.2. We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
8.3. We may alter or vary the Terms and Conditions at any time without notice to you.
8.5. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
8.6. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of Thailand. The parties hereto submit to the exclusive jurisdiction of the courts of Thailand.
8.7. All dealings, correspondence and contacts between us shall be made or conducted in the English language.