This Agreement is entered into by and between Arista Essence Co., Ltd., a company duly incorporated and registered under the laws of the Kingdom of Thailand, with its registered office at 388/14 Biz Galleria, Nuanchan Road, Nuanchan, Bueng Kum, Bangkok 10230, Thailand (hereinafter referred to as the "Company"), and any person or entity accessing or using the website arista.co.th (hereinafter referred to as the "User").
Article 1 Definitions
For the purposes of this Agreement, the following terms shall have the meanings ascribed to them below:
- "Website" means the website located at arista.co.th, including all pages, content, functionality, and services accessible therein.
- "Products" means the batteries, related accessories, and goods described or referenced on the Website, including but not limited to Panasonic-branded batteries distributed by the Company.
- "Quotation" means a written or electronic price estimate provided by the Company in response to a User's enquiry, which shall not constitute a binding offer until expressly confirmed in writing by an authorized representative of the Company.
- "Intellectual Property" means all trademarks, trade names, logos, copyrights, designs, text, graphics, software, and other proprietary materials displayed on or embodied in the Website.
- "Personal Data" has the meaning given under the Personal Data Protection Act B.E. 2562 (2019) of the Kingdom of Thailand ("PDPA").
Article 2 Acceptance of Terms
- By accessing, browsing, or otherwise using the Website, the User agrees to be bound by this Agreement in its entirety. If the User does not agree to any provision hereof, the User must immediately cease all use of the Website.
- The Company reserves the right to amend, modify, or supplement this Agreement at any time without prior notice. The User's continued use of the Website following the publication of any such amendments shall constitute acceptance of the revised terms.
- This Agreement shall be read in conjunction with the Company's Privacy Policy and Cookie Policy, which are incorporated herein by reference.
Article 3 Use of the Website
- The Website is made available solely for the purposes of providing information about the Company's Products and services, facilitating wholesale enquiries, and enabling communication between the User and the Company.
- The User shall not: (a) use the Website for any unlawful purpose or in any manner inconsistent with this Agreement; (b) attempt to gain unauthorized access to any part of the Website, its servers, or any connected systems; (c) use automated scripts, bots, scrapers, or similar tools to access, collect, or extract data from the Website; or (d) transmit any material that is defamatory, obscene, or otherwise objectionable.
- The Company reserves the right to restrict or terminate access to the Website, in whole or in part, at its sole discretion, without notice and without liability.
Article 4 Product Information and Specifications
- All Product descriptions, specifications, images, and technical data displayed on the Website are provided for general reference purposes only and do not constitute a warranty or guarantee of any kind.
- The Company endeavors to ensure the accuracy of all information presented on the Website; however, specifications are subject to change by the manufacturer at any time without prior notice. The Company shall not be held liable for any discrepancy between information published on the Website and the actual Product delivered.
- Final and binding Product specifications, availability, and pricing shall be confirmed exclusively through an official written Quotation issued by the Company.
Article 5 Quotations, Pricing, and Orders
- Product prices are not published on the Website. All pricing shall be provided upon request through the Company's wholesale quotation process.
- A Quotation issued by the Company shall remain valid for the period stated therein, or for thirty (30) calendar days from the date of issuance if no validity period is specified.
- No binding contract of sale shall arise between the Company and the User until the Company has issued a written order confirmation. The Company reserves the right to accept or reject any order at its sole discretion.
- All orders are subject to Product availability, applicable minimum order quantities, and the Company's standard trade terms, which shall be communicated to the User together with the Quotation or order confirmation.
- Payment terms, including but not limited to credit terms (net-30, net-60), shall be determined on a case-by-case basis and are subject to the Company's credit approval process.
Article 6 Intellectual Property Rights
- All Intellectual Property displayed on or accessible through the Website is the exclusive property of the Company, its affiliates, or its licensors, and is protected under the applicable laws of the Kingdom of Thailand and international intellectual property treaties.
- The trademarks "Panasonic" and all associated logos, product names, and trade dress are the property of Panasonic Holdings Corporation and are used by the Company under authorization. No right, title, or interest in such marks is transferred to the User by virtue of this Agreement or the User's access to the Website.
- The User shall not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from the Website without the prior express written consent of the Company.
Article 7 Limitation of Liability
- The Website and all content therein are provided on an "as is" and "as available" basis. The Company makes no representations or warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted availability.
- To the fullest extent permitted by applicable law, the Company, its directors, officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the User's access to, use of, or inability to use the Website, even if the Company has been advised of the possibility of such damages.
- The Company shall not be liable for any loss or damage resulting from force majeure events, including but not limited to natural disasters, acts of government, war, civil unrest, epidemics, or disruptions to telecommunications or internet infrastructure.
Article 8 Indemnification
- The User agrees to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to the User's breach of this Agreement or misuse of the Website.
Article 9 Privacy and Data Protection
- The collection, use, and processing of Personal Data by the Company shall be governed by the Company's Privacy Policy, which the User is advised to review carefully.
- The Company processes Personal Data in compliance with the Personal Data Protection Act B.E. 2562 (2019) and applicable subordinate legislation.
Article 10 Governing Law and Dispute Resolution
- This Agreement shall be governed by and construed in accordance with the laws of the Kingdom of Thailand, without regard to its conflict of law principles.
- Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be submitted to the exclusive jurisdiction of the competent courts of the Kingdom of Thailand.
- Prior to initiating any legal proceedings, the parties shall endeavor in good faith to resolve any dispute through negotiation within thirty (30) days of written notice of the dispute.
Article 11 Severability
- If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions shall continue in full force and effect.
Article 12 Entire Agreement
- This Agreement, together with the Privacy Policy and Cookie Policy, constitutes the entire agreement between the Company and the User with respect to the use of the Website and supersedes all prior agreements, representations, and understandings, whether oral or written.
Effective Date: 1 April 2026
ARISTA ESSENCE CO., LTD.
388/14 Biz Galleria, Nuanchan Road, Nuanchan, Bueng Kum, Bangkok 10230, Thailand
Tax ID: 0105563131113