Delivery Service Phangan Co., Ltd., registration number 0845559002570 (the “Company”), offers users an agreement for the use of Delivery KPG on the following terms.
Delivery KPG helps customers order goods from restaurants, cafés and shops and have them delivered by independent drivers.
The Company intends to be bound by these terms once the Customer accepts them in the manner set out below.
1. How Delivery KPG works
1.1
Through the Delivery KPG app or website, the Customer chooses an establishment and goods, places an order and selects an available payment method.
1.2
A Partner is a restaurant, café, shop or other independent seller listed on the platform. The Partner sells goods to the Customer, sets their prices, confirms the order and prepares it for collection.
1.3
A Driver is an independent service provider who collects the prepared order from the Partner and delivers it to the Customer.
1.4
The Company provides a platform for placing orders, sharing information, coordinating communication between participants and supporting customers. The Company is not the seller of the Partner’s goods; delivery is provided by the Driver.
1.5
Access to the platform and placing an order are free for the Customer. The Customer pays for the goods, delivery and any additional charges expressly shown before confirming the order or payment.
2. Your account and order details
2.1
To use the service, the Customer provides the information needed to place and fulfil an order: name, contact number, delivery address and any other requested details.
2.2
The Customer checks that these details are correct and promptly reports any changes that may affect fulfilment of the order.
2.3
The Customer keeps access to their account secure. If unauthorised access is discovered, the Customer should contact support.
2.4
When ordering goods subject to age or other restrictions, the Customer must meet the applicable legal requirements. Appropriate verification may be required before those goods can be handed over.
3. Placing and confirming an order
3.1
Before placing an order, the Customer can check the selected establishment, the items and quantities, delivery address, payment method and total price.
3.2
Once placed, the order is sent to the Partner. The Partner confirms whether it can fulfil the order or rejects it. The Customer receives order status information through the platform.
3.3
Placing an order and receiving payment confirmation do not, by themselves, mean that the Partner has already accepted the order.
3.4
If an item is unavailable, any substitution or price change must be agreed with the Customer. A substitution that has not been agreed is not treated as approved by the Customer.
3.5
Special requests are accommodated where possible. If ingredients, allergens or other product characteristics are important to the Customer, these should be clarified before confirming the order. Including a request in the order notes does not, by itself, confirm that the Partner can accommodate it.
4. Prices and payment
4.1
The Partner sets the prices of goods. The platform calculates the delivery charge using the applicable tariffs, taking account of distance and other order parameters.
4.2
Before confirmation, the Customer is shown the price of the goods, the delivery charge, any applicable additional fees and the total amount payable.
4.3
The Customer pays using an available method: directly to the Driver or online through a payment provider.
4.4
Online payments are processed through Omise. A separate payment processing fee may apply when online payment is selected; its amount is shown before payment is confirmed.
4.5
When payment is made to the Driver, the Driver collects the amount for goods and delivery shown in the order. If online payment is successful, those amounts do not need to be paid to the Driver again.
4.6
The payment method does not change the seller of the goods or the delivery service provider: the Partner sells the goods and the Driver provides delivery.
4.7
Tips are voluntary. Additional amounts not agreed when placing the order are not payable without the Customer’s consent, except where required by law.
4.8
If money has been debited but the payment status is unclear, the Customer should contact support to check the payment before paying again.
5. Delivery and receiving your order
5.1
The order is delivered to the address provided by the Customer. The Customer makes it possible to contact them and hand over the order.
5.2
The delivery time shown on the platform is an estimate unless a specific time has been expressly confirmed separately. It may depend on preparation time, distance, traffic and other circumstances affecting the order.
5.3
Any change to the address or handover arrangements should be reported as early as possible. Whether the change is possible, and its effect on the price and delivery time, must be agreed before the revised instructions are carried out.
5.4
On receipt, the Customer is encouraged to check that the order is complete and that the packaging is in good condition. Any problem may be reported to support. Not checking at handover does not remove the Customer’s statutory rights.
5.5
If the order cannot be handed over, the Driver or support contacts the Customer to agree what to do next. The consequences of an unsuccessful delivery are determined with regard to its causes, the actions already taken and applicable law.
6. Cancellations and refunds
6.1
To cancel an order, the Customer uses the available platform function or contacts support.
6.2
Whether an order can be cancelled and the consequences depend on its status: whether the Partner has accepted it, preparation or assembly has begun, the Driver has collected it or delivery has started.
6.3
If cancellation involves a cost to the Customer, the reason and amount are explained before cancellation is confirmed, where possible. Any deduction must have a contractual and lawful basis.
6.4
If the Partner rejects an order and it will not be fulfilled, the online payment received for that order is refunded to the Customer.
6.5
If an item is missing, an order is incomplete, damaged, does not match the agreed contents or has not been received, the Customer may request that the situation be reviewed and an appropriate remedy provided.
6.6
Depending on the circumstances, the remedy may be a replacement, delivery of missing items, redelivery, a full or partial refund or another agreed resolution.
6.7
Online payments are normally refunded to the original payment method. The Customer is informed of the refund amount and the expected time for it to be credited. The time it takes also depends on the bank and payment provider.
6.8
Internal settlement between the Company, the Partner and the Driver does not restrict the Customer’s mandatory rights to a refund or other remedy.
7. Support and responsibility
7.1
For help with an order, the Customer may contact Delivery KPG support through the available in-app channel, by email at delivery.kpg@gmail.com or by telephone at +66 63 678 2760.
7.2
To help support review an enquiry, the Customer should provide the order number and describe the problem. Photographs and other available information can help establish what happened.
7.3
The Company receives the enquiry, contacts the Partner and Driver where necessary, and informs the Customer of the outcome and next steps.
7.4
The Partner is responsible for the goods, their quality, safety, conformity with the order and preparation for handover. The Driver is responsible for performing the delivery. The Company is responsible for its own services and actions in accordance with the agreement and the law.
7.5
The Customer does not need to determine which participant is responsible for a problem before contacting Delivery KPG support.
7.6
These terms do not exclude liability or limit consumer rights that cannot be excluded or limited by agreement. The Customer retains the right to contact competent public authorities and courts.
8. Personal data and security
8.1
The Company uses the Customer’s data to operate the service, fulfil orders, process payments, provide support and for other lawful purposes set out in the privacy notice.
8.2
The Partner, Driver and payment provider receive the information needed to perform their respective functions in relation to the order.
8.3
Further details about personal data processing are provided in the privacy notice available on the platform.
8.4
Fraudulent orders, unlawful use of another person’s data or payment methods, interference with the platform and other unlawful activities are prohibited.
8.5
The Company may restrict access to the service in the event of a breach or security threat. The Customer is informed of the reason for the restriction and how to request a review, unless disclosure is prohibited by law.
8.6
Restricting access does not remove the right to have enquiries reviewed or to receive refunds due for previously placed orders.
9. Accepting these terms and changes
9.1
Before accepting these terms, the Customer is given an opportunity to read them and is notified of the action that signifies agreement.
9.2
The Customer accepts this offer by confirming agreement in the manner provided on the platform or by placing an order after clear notice that doing so constitutes acceptance of these terms.
9.3
Simply visiting the website or installing the app does not constitute acceptance. A separate paper signature is not required.
9.4
The Company notifies the Customer of changes to the terms before they apply. Material changes are accepted by the Customer in a manner that allows them to express agreement.
9.5
Changes do not apply retrospectively to previously confirmed orders or claims that have already arisen in favour of the Customer.
10. Governing law and contact details
10.1
These terms are governed by the laws of Thailand.
10.2
If an individual provision is unenforceable, the remaining provisions remain in effect to the extent that the agreement can be performed without it.
Registration number: 0845559002570
27/10 Moo 3, Koh Phangan, Surat Thani 84280, Thailand
delivery.kpg@gmail.com
+66 63 678 2760