Purchase Policy

⚠️ The Marketplace feature is currently available only to users located in Thailand. This is the English-language version of these Terms, provided so that Smile Migraine users worldwide — including in Korea, Taiwan, Japan, and elsewhere — can read and understand them. The Marketplace feature itself, however, is available exclusively in Thailand at this time. If you open this feature from outside Thailand, the app will display an in-app notice stating that it is not available in your current location. Because the Marketplace currently operates only within Thailand, these Terms are governed by Thai law throughout, and all legal references below are to Thai statutes and authorities. These Terms and Conditions (the 'Terms') govern the relationship between Smile Migraine Co., Ltd. (the 'Company') and buyers who purchase products through the Smile Migraine Marketplace (the 'Buyer') within the Smile Migraine application. Placing an order constitutes confirmation that the Buyer has read and fully accepted these Terms. These Terms are prepared in accordance with, and consistent with, applicable Thai law, including the Consumer Protection Act B.E. 2522 (1979) as amended, the Direct Sales and Direct Marketing Act B.E. 2545 (2002), the Electronic Transactions Act B.E. 2544 (2001), the Personal Data Protection Act B.E. 2562 (2019) (PDPA), and other applicable laws. These Terms do not diminish any right granted to consumers by law. 1. Definitions - Company — Smile Migraine Co., Ltd., operator of the Smile Migraine Marketplace - Marketplace / Migra Shop — The e-commerce system within the Smile Migraine application for buying and selling health-related products, displayed within the application as 'Migra Shop' or 'ไมกร้าช้อป' - Buyer — A natural person who places an order through the Marketplace - Order — A purchase request that the Buyer has confirmed and paid for through the system - Product(s) — Health products, dietary supplements, medical devices, and other goods sold through the Marketplace - Delivery Information — Full name, address, phone number, and other information the Buyer provides for delivery of goods 2. Scope of the Marketplace The Smile Migraine Marketplace is a platform for selling health and migraine-management-related products. It is currently available only in Thailand, covering product categories such as: - Dietary supplements and vitamins - Devices for health care related to headache management - Health and wellness products curated by the Company - Other products designated and announced by the Company within the application The Company reserves the right to add, remove, or change the categories of products sold, without prior notice. The availability of a product on the Marketplace does not constitute medical advice. As noted above, this feature is currently accessible only to users within Thailand. 3. Buyer Eligibility and Account Use To purchase through the Marketplace, a Buyer must: - Hold a verified Smile Migraine user account - Be at least 20 years of age (the age of majority under Thai law), or be a minor with parental consent - Have a delivery address within Thailand Buyers are responsible for all activity occurring through their account, and must notify the Company immediately if unauthorized use of the account is suspected. 4. Collection and Use of the Buyer's Personal Data The Company collects and uses Buyers' personal data in accordance with Thailand's Personal Data Protection Act B.E. 2562 (2019) (PDPA), for the purpose of processing orders and providing the Marketplace service. 4.1 Data Collected - Name and account information - Delivery address (including postal code and province) - Phone number for delivery coordination - Payment data (the Company does not store credit/debit card details; such data is handled directly by the payment service provider) - Order and transaction history - Device and usage behavior data, for fraud prevention 4.2 Purposes of Data Use - Processing orders, payment, and delivery - Verifying the Buyer's identity and preventing fraud - Contacting the Buyer regarding order-related matters - Complying with applicable laws and regulations - Analyzing data to improve the Marketplace service, in de-identified form The Company will not sell Buyers' personal data to third parties, and will disclose it only to logistics providers and payment service providers as necessary to fulfill orders, under strict data protection agreements. Buyers have the right to access, correct, and delete their data as set out in the application's main Privacy Policy. 5. Ordering Process and Conditions Placing an order through the Marketplace is subject to the following process and conditions: - Buyers must verify product details, price, delivery fee, and delivery address before selecting 'Confirm order' - An order is complete once the Buyer's payment is confirmed successful and an Order ID is issued - Displayed prices are net prices inclusive of VAT (if applicable) but exclusive of delivery fees, unless stated otherwise - Product images are for illustrative purposes only; actual color, style, or packaging may differ slightly - The Company reserves the right to cancel an order if a product is out of stock, the displayed price is a system error, or an irregularity is detected in the transaction; the Buyer will be notified and refunded in full - The Company is not responsible if the Buyer enters an incorrect delivery address; Buyers must verify the address before confirming every order ⚠️ Once payment is confirmed successful, the Buyer is deemed to have accepted these Terms in full. 6. Payment The Company accepts payment through channels designated in the application, subject to the following: - Payment via channels designated by the Company in the application, such as credit/debit card, QR Code, or other announced channels - Orders are processed only after payment is confirmed successful - The Company does not directly store credit/debit card data; all payment data is processed by a PCI DSS-compliant payment service provider - Buyers may use Coins to redeem discounts under the conditions set out in the Coin program terms - If the payment service provider reports that payment was unsuccessful, the order will be automatically cancelled and the Buyer must place a new order - The Company may charge payment fees as determined by each payment provider, which will be displayed before payment confirmation 7. Delivery The Company delivers products only within Thailand, subject to the following: - Delivery of Marketplace products is limited to addresses within Thailand; orders cannot be shipped internationally at this time - Estimated delivery time is 3–7 business days from order confirmation, depending on delivery location and courier - The Company uses third-party couriers and will provide a tracking number to the Buyer through the application - If no one is available to receive the goods at the specified address, the courier will proceed according to its own policy; the Company is not responsible for delays arising from this - The Company is not responsible for delivery delays caused by force majeure, such as natural disasters, epidemics, protests, or events beyond its control - Delivery fees are calculated based on weight, size, and delivery area, and will be displayed before order confirmation - If a product is lost or damaged during delivery, the Company will act as coordinator to trace the shipment and will share responsibility for compensating the Buyer at the actual value of the goods (not exceeding the order value), while the Company separately pursues a compensation claim against the courier afterward 8. Product Information and Health Warnings - The Company strives to present accurate and complete product information; however, the Company does not warrant the complete accuracy of such information in every case. Buyers should read the actual product label before use - Products in the dietary supplement, vitamin, and health product categories are not medicines and are not certified to treat, relieve, or prevent any disease. Buyers should consult a doctor before use, particularly if they have an existing medical condition or are taking medication - Dietary supplements, medicines, health products, and medical devices sold through the Marketplace have been registered or licensed under applicable law (such as the Food Act, the Drug Act, and the Medical Device Act) with the Thai Food and Drug Administration (FDA), as required by law - Prices are subject to change without prior notice; the price in effect is the price at the time the order is confirmed - Product images are for illustrative purposes; actual color, style, or packaging may differ slightly. Such minor differences do not constitute a defective or non-conforming product - Stock levels displayed in the application are approximate, real-time figures. The Company reserves the right to cancel an order if a product is out of stock before the order is confirmed 9. Order Cancellation Buyers may cancel an order only in the following cases: - Within 1 hour of confirming the order, and before the Company begins preparing it for delivery (status still 'pending') - Where a product is out of stock and the Company is unable to source a replacement - Where the Company confirms a system-related pricing error Cases where cancellation is not permitted: - After the product has left the warehouse (status 'shipping' or 'delivered') - Change of mind regarding the order after the first 1-hour window and before delivery (this right is separate from the right to return goods within 7 days of receipt under Thailand's Direct Sales and Direct Marketing Act — see Section 10.1 (b)) - Forgetting to apply a discount code, coupon, or other benefit - Ordering the wrong item or wrong quantity due to Buyer error - Requiring a withholding tax deduction after payment has already been made in full ⚠️ Cancellation requests that do not meet the above conditions will not be considered. The Company reserves the right to refuse any cancellation request that does not comply with the stated conditions. 10. Product Returns and Exchanges Buyers have the right to give notice of return within 7 days of receiving the goods, under Section 33 of Thailand's Direct Sales and Direct Marketing Act B.E. 2545 (2002), except for dietary supplements, vitamins, medicines, hygiene products, and medical devices that the Buyer has used, unsealed, or unpacked, for which the Company reserves the right to refuse return or exchange in order to comply with public health and international hygiene standards. Aside from cases of the Company's own error under Section 10.1 (a), the Company will accept returns or exchanges for change-of-mind cases under Section 10.1 (b), subject to the conditions set out below. 10.1 Cases Eligible for Return or Exchange (a) Company error - Products damaged during delivery, provably occurring before or during transit, not after receipt - Receipt of the wrong item, model, or size - Receipt of an expired product, or a product that materially does not match what was shown in the application (b) Statutory right to change one's mind (cooling-off) - Notice of intent to return given within 7 days of receipt, with the product remaining in complete, unused, unsealed, and unopened condition (excluding products listed in Section 10.3, which are specifically excluded from this right) 10.2 Procedure for Requesting a Return or Exchange - Notify within 7 days of receiving the product; requests after this period cannot be processed - Contact via email at support@smilemigraine.com or another channel designated in the application, quoting the order number - Attach evidence, including photos of the damaged or incorrect product, photos of the parcel box (all sides, including the seal), and a photo of the tracking label - The Company will review and respond within 3–5 business days - If approved: for cases under Section 10.1 (a), the Company will bear the cost of return shipping and of shipping the replacement product to the Buyer. For change-of-mind cases under Section 10.1 (b), the Buyer is responsible for the cost of return shipping, unless the Company determines otherwise; the Company will process the refund under Section 11 after inspecting the condition of the returned product 10.3 Cases Not Eligible for Return or Exchange - Products that have been used, unpacked, or are otherwise not in complete condition - Dietary supplements, vitamins, medicines, hygiene products, and medical devices that have been used, without exception (in accordance with international safety and hygiene standards) - Products deteriorated due to improper storage by the Buyer - Products for which a return request is made more than 7 days after receipt - Products for which the required supporting evidence is incomplete - Minor differences in color or packaging style that do not affect quality or use ⚠️ The Company will record instances of complaints that do not meet the stated conditions, and reserves the right to suspend Marketplace access for accounts found to engage in fraudulent behavior or make false complaints. 11. Refund Policy 11.1 Refunds for Marketplace Purchases The Company does not issue refunds except in the following cases, which are subject to review and approval by the Company: - A damaged or incorrect product that has completed the review process under Section 10, where the Company is unable to provide a replacement - The Company unilaterally cancels an order due to an out-of-stock item or a system pricing error - A duplicate payment caused by a system error, confirmed by the Company and the payment service provider - The Buyer has exercised the return right under Section 10.1 (b) (the statutory cooling-off right) and has completed the procedure in Section 10.2 in full, in which case the Company will refund the full product price (excluding the original delivery fee, unless the return is due to the Company's error) after inspecting the condition of the returned product 11.2 Refund and Cancellation Policy for Subscription Services The Company reserves the right to decline refunds for monthly subscriptions in all cases, including but not limited to: - Ordering the wrong package or selecting the wrong plan due to Buyer error - Forgetting to apply a discount, code, coupon, or gift voucher before payment - A change of mind after payment is completed, regardless of the time elapsed - Not using the service during the subscription period - Requiring a withholding tax deduction after payment has already been made in full — please contact the accounting department before payment To cancel a Subscription, please notify support@smilemigraine.com before the next billing cycle; the account will remain active until the end of the paid period. 11.3 Refund Procedure (Where Approved) - Notify support@smilemigraine.com with the order number and reason - The Company will review and respond within 5–7 business days - Refunds are processed via the original payment method within 7–15 business days, depending on the payment provider - The Company will confirm the refund by email and through the application Note: the time for funds to reach the Buyer's account depends on the credit card issuer or bank and may take 7–30 business days. The Company cannot expedite the process of financial institutions. 12. Product Warranty - General products and health devices: warranted for quality as determined by the manufacturer (if any), with details specified on the product page - Dietary supplements, vitamins, and consumable products: no warranty is given as to any health outcome, as results may vary between individuals - The warranty does not cover damage from misuse, improper storage, modification, or accidents - The Company is a distributor, not a manufacturer; the manufacturer's warranty applies as determined directly by the manufacturer 13. Fraud Prevention and Prohibited Use The Company operates a system to detect and prevent fraud in the use of the Marketplace. The Company reserves the right to take action in the following cases: - Ordering or returning products in abnormal volumes, or behavior indicating an attempt to exploit the system - Making false complaints or submitting falsified evidence to request a return, exchange, or refund - Using multiple accounts to claim duplicate benefits from promotions or the Coin program - Attempting to circumvent this policy by any means ⚠️ Where the above behavior is detected, the Company reserves the right to suspend the account and temporarily hold the associated Coins pending investigation. If the investigation confirms actual fraud, the Company will then proceed to cancel the order, forfeit the remaining Coins, and take legal action where damage has occurred. The Company will notify the Buyer of the investigation outcome within 7 business days, and the Buyer has the right to respond to or dispute the findings with the Company. 14. Limitation of the Company's Liability To the extent permitted under Thai law, the Company limits its liability as follows: - The Company is not liable for indirect damages, special damages, punitive damages, or unforeseeable losses - The Company's maximum liability for any order is limited to the value of the products in that order - The Company is not responsible for the Buyer's health decisions arising from using a product without consulting a doctor - The Company is not responsible for delays or damage caused by force majeure, such as natural disasters, epidemics, power outages, or events beyond its control - The Company is not responsible for use of a product for a purpose other than, or in a manner inconsistent with, the label instructions 15. Governing Law and Dispute Resolution These Terms are governed by the laws of Thailand. Disputes that cannot be resolved by agreement shall be submitted to the courts of competent jurisdiction in Thailand. Buyers retain the right to file a complaint with Thailand's Office of the Consumer Protection Board (OCPB), as provided by law. 16. Amendments to these Terms The Company reserves the right to amend or update these Terms at any time, and will provide notice through the application before any change takes effect. Continued use of the Marketplace after such notice constitutes acceptance of the revised Terms. Contact - Email: support@smilemigraine.com (returns / refunds / complaints) - Email: info@smilemigraine.com (general enquiries) - Phone: +66 95 687 9260 (Monday–Friday, 9:00–18:00) - Facebook: Smile Migraine - Address: Smile Migraine Co., Ltd., 22/4 Soi 5, Sirimangkalajarn Road, Suthep Sub-district, Mueang Chiang Mai District, Chiang Mai 50200, Thailand