Quick Links: Thailand Law Seminars and Conference | Thai Law Forum Past Issues | About Thailand Law Forum | Advertising Guidelines | Publishing Guidelines

Feature Articles :

History of Cannabis
  and Anti-Marijuana
  Laws in Thailand



Thailand’s Notable
  Criminal Extradition
  Cases


Guide for Tourists
  to Laws in Thailand



Neither Free nor Fair:
  Burma’s Sham Elections



Sex Laws in Thailand:
  Part 1



Renewable Energy
  in Thailand



Transsexuals and
  Thai Law



Foreign Mafia in
  Thailand

Submissions:

This article has been prepared with the kind assistance of Chaninat & Leeds, a full-service law firm practicing both family and business law, specializing in land acquisition and company registration as well as US K3 visa process for Thais.




Thailand Lawyer Blog:
 Thai Government to
  Review Post-2006
  Prosecutions
 Courts Order Thai
  Military to Cease
  Labeling Transsexuals
  as Mentally Ill
 Work Permit Law
  Changes in Thailand
 Bahamian Supreme Court
  Ruling Backs
  Prenuptial Agreement
 The US FATCA:
  “The Neutron Bomb
  the Global Financial
  System”?
 The Effects of the US
  Government’s Policies
  on Americans Living
  Abroad
 Chinese Assimilation
  in Thailand vs. Malaysia
 Illegal Wildlife
  Trafficking in Asia:
  Thailand as a Hub?
 Rabbi Enforcing
  Jewish Divorce Order
  Arrested by FBI
 U.S. Prenuptial
  Agreements in Thailand:
  Why Thai Law is
  Important
 US Immigration in
  Decline?
 Abortion and Family
  Planning Law in
  the Philippines
 U.S. Courts and the
  Application of Foreign
  Law to International
  Prenuptial Agreements
 Thailand Blasted by 2011
  Human Trafficking Report
 US Expats on Alert:
  New US Tax Law
  Extends IRS’s Reach
  Internationally
 Hangover 2 and
  the Thai Censors
 Thailand’s Film
  Industry Steps Up
 

The sales documents mentioned in the foregoing paragraph shall contain at least the follow details:
(1) Details under Section 30;
(2) Time, place, and method of payment;
(3) Place and method of the delivery of goods or services;
(4) Method of termination;
(5) Method of the goods return;
(6) Warranty of goods;
(7) Substitution of defected goods.

Details of the information required to be contained in the sales documents shall be published in the Royal Decree.

Section 32 Any sales of goods or services conducted by the independent distributor, the direct sales representative or the direct marketing operator in absence of relevant sales documents with details as prescribed under Section 30 or Section 31 shall be unenforceable against the consumer.

Section 33 In purchasing goods or services via direct sales or direct marketing, the consumer is entitled to terminate the contract upon expressing its intention in writing to the direct sales operator or the direct marketing operator within seven days from the day it receives the goods or services. In case of direct sales, the consumer may notify the same to the relevant independent distributor or the direct sales representative.

The foregoing provision shall not apply to the category, price or type of goods or services specified in the Royal Decree.

Section 34 Any consumer exercising its right to terminate the contract under Section 33 shall choose to act any one of the following:
(1) To return the goods to the independent distributor, the direct sales representative or the direct sales operator in case of direct sales, or to return the goods to the direct sales operator in case of direct marketing;
(2) To take proper care of the goods for a period of twenty-one days commencing from the day it exercises its termination rights, unless the goods are disposable and cannot be kept for me duration of the said period. In such case, the consumer shall keep the goods for a period of time and by means as appropriate to its condition. After the expiry of such period, the consumer may choose to keep the said goods or dispose of the goods at its own discretion.

The consumer who chose to act pursuant to (2) of the first paragraph shall return the goods to the independent distributor, the direct sales representative, the direct sales operator or the direct marketing operator, as the case may be, to be collected at its respective domicile.

Should the direct sales operator or the direct marketing operator request the consumer to return the goods by registered mail with collection of payment at destination within the period as specified in (2) of the first paragraph, the consumer shall return the said goods accordingly.

In case of disposable goods, die consumer shall return the remaining part prior to its exercise of the right to terminate the contract The terms and conditions of returning the goods and services shall be in comp liance with the Ministerial Regulations.

The consumer is entitled to retain the goods until die price of the goods are refunded.

Section 35 Under Section 34, if the goods or services are damaged or lost due to the consumer's responsibility, or it is beyond the consumer's control to return the goods or services due to its own fault, the consumer shall reimburse die damages to the independent distributor, the direct sales representative, the direct sales operator or the direct marketing operator, as the case may be, except for damages incurred in an ordinary course of opening, assembling or mixing for the use of the goods or services.

Section 36 Upon the consumer's exercise of its right to terminate the contract under Section 33, the independent distributor, the direct sales representative, the direct sales operator or the direct marketing operator shall refund to the consumer full amount of the purchase price of the goods or services within fifteen days from the day it receives the notice to terminate the contract.

If the independent distributor, the direct sales representative, the direct sales operator or the direct marketing operator fails to refund the amount within the period prescribed in the foregoing paragraph, the said independent distributor, the direct sales representative, the direct sales operator or the direct marketing operator shall be subject to a fine at the rate as specified by the Commission.

Section 37 The terms of warranty of the goods or services shall be specified in the Thai language and clearly state the rights of the consumer in claiming the warranty and easily understood conditions.

Details of the terms of warranty of the goods or services in the foregoing shall as be stipulated by the Commission.

Chapter 4
Registration of direct sales and direct marketing

Section 38 Any person who wishes to operate the business of direct sales or direct marketing shall apply for registration with the Registrar under the terms and procedures as may be imposed by the Commission.

In case of the direct sales operator, remuneration payment plan shall be submitted together with the application stated in the foregoing.

In case of an amendment to the remuneration payment plan, the direct sales operator shall notify such amendment to the Registrar prior to its execution.

Section 39 The application for registration of direct sales and direct marketing shall comply with the conditions prescribed by the Commission, which shall consist of at least the following:

(1) Name of the direct sales operator or the direct marketing operator;
(2) Domicile of the direct sales operator or the direct marketing operator;
(3) Category or type of the goods or services;

Next Page
[1]  [2] [3] [4]  [5] [6]


 

© Copyright Thailand Law Forum, All Rights Reserved
(except where the work is the individual works of the authors as noted)