This page (together with the documents referred to on it) explains the terms and conditions on which we supply any of the goods or products (Products) and services (Services) listed on our online store to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products or Services. You should understand that by ordering any of our Products or Services, you agree to be bound by these terms and conditions.
These Terms and Conditions of Sale and Delivery (“Contract”) govern all sales and deliveries by Magic Lao Carpets Handicrafts (“MLCH” or “we”) to the customer (“Customer”, “Buyer” or “you”). All other terms and conditions, including, without limitation, those terms and conditions contained in any purchase order(s) which are different from, in addition to, conflict with, or that vary from the terms hereof are hereby rejected and shall not be binding on Magic Lao Carpets Handicrafts unless specifically accepted in writing. Acceptance of Buyer’s order is conditioned upon Buyer’s acceptance of the terms contained herein.
We, Atelier Magic Lao Carpets, also known as Atelier MLCH and as Magic Lao Carpets Handicrafts, a family-owned and operated business registered in Vientiane, Lao P.D.R. and having our registered office at Unit 209, Noy 14, Ban Nongduan Tai, Sikhottabong District, Vientiane. We operate this website https://ateliermlch.com (our website).
2.1 After placing an order, you will receive online notification from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product or Service. All orders are subject to acceptance by us. The contract between us (Contract) will only be formed when you receive the Products and/or Services (as applicable).
2.2 In the case of Products, the Contract will relate only to those Products which you receive. A contract for any other Products which may have been part of your order will be formed when you receive those other Products.
2.3 In the case of Services, these will be governed by the relevant terms and conditions applicable to the particular service, which will be available on the site to which your service relates – please check these terms and conditions before proceeding with your order.
3.1 By placing an order through our website, you warrant that:
3.1.1 you are legally capable of entering into binding contracts;
3.1.2 you are at least 18 years old; and
3.1.3 that you are not resident in a county where making a payment to our site, in line with these terms and conditions, would breach any laws in that county.
In the case of Products, your order will be fulfilled/made ready for receipt (as applicable) within a reasonable time of the date indicated at the time of ordering, unless there are exceptional circumstances.
For out-of-stock, bespoke, custom, personalised or made-to-order and made-to-measure Products, or pre-order and back-order Products, the fulfilment timeframe will be confirmed to you via email after we receive and accept your order, since fulfilment time for such Products will depend on availability of materials, quantity ordered and/or requested customisations and personalisations. Any fulfilment timeframe indications displayed on the product pages on our Website are our best estimates for that exact product as per its specifications as listed, based on previous orders received for that product, and are given as indication only.
We ship internationally using DHL Worldwide, which is the most reliable and quickest way to ship from Laos. Standard shipping takes approximately 5-14 business days to almost anywhere in the world and a tracking number will be provided to Customers to track their order delivery. We use a weight based shipping method, which means we calculate the shipping costs based on the total weight of the ordered Products. Once you fill out your shipping address during the checkout process on our Website, your shipping rates estimate will be calculated.
The system does not calculate the shipping for remote areas automatically. Please check the remote areas list here. And email us on [email protected] for a shipping estimate. If you still go ahead and place your order, once we receive the order, if your address falls into one of the remote areas listed by DHL, we’ll send you a payment link for the updated shipping price.
Orders that are shipped overseas may be subject to custom duties and/or other import taxes. Customs policies vary widely from country to country. If you would like any further information, please contact your local customs office.
Magic Lao Carpets Handicrafts will not be held responsible for any loss or damage to the Product due to customs, delivery couriers or any other areas outside of our control, once the Product has been shipped from our office in Vientiane.
The Customer shall inspect all Products supplied upon delivery. Magic Lao Carpets Handicrafts shall not be liable for shortages, loss of or damage to any of the products, or any other errors in delivery unless the Customer submits a written claim to us within one (1) business day of the delivery to which the claim relates. If a claim is not made within (1) business day the products are deemed accepted by the Customer and cannot be rejected.
5.1 Quotations for order for bespoke, custom, personalised, made-to-order and made-to-measure Products are valid for 14 days from the date of issue. Quotations for such Products do not include shipping costs. Shipping costs for ordered items may be estimated initially until the Products are finished and ready for dispatch, when a charge will be given to you on the final invoice based on the chosen shipping method. We will always endeavour to find the most suitable form of shipping and charge you exactly the amount quoted to us by the courier service or shipping company.
5.2 Quotations do not include any taxes or any customs and import duties, for which you as the Customer will be solely responsible. See article 9 for more details.
5.3 A non-refundable 50% deposit will be required for all custom and special-order items upon Quotation acceptance by the Customer and prior to the start of order fulfilment. Custom and special-order items will not be started until the deposit is settled. Once the deposit is received it is understood that you have a) accepted the Quotation as issued; b) you have read and accepted these Terms and Conditions and the Refunds and Returns Policy and c) you have read and understand the custom order process as described on our Website and in these Terms and Conditions.
5.4 Making bespoke, personalised or customised products will usually involve creating digital designs and mock-ups of the product. It is understood and accepted by you that, if required, you will provide necessary information for and/or review and confirm any such designs and mock-ups within a reasonable time and no later than 48 hours from the moment the designs/mock-ups were shared with you via email or other means. Any delays by you in confirming such mock-ups/designs or providing information needed to create them, will cause delays in your order processing and delivery times.
5.5 An estimated completion date for bespoke, personalised and custom orders will be provided to you after the designs have been prepared, reviewed and finalised.
5.6 The final payment for your bespoke, personalised and custom orders must be made upon completion of the products and all monies owing must be paid in full before any delivery. Goods will remain the property of Magic Lao Carpets Handicrafts until paid for in full.
5.7 Non-payment of the balance on completed orders for 60 days after the date of issue of the final Invoice will result in the Contract between us being null and void and immediately terminated, and your order and any other outstanding orders placed by you being cancelled, and the products ordered by you deemed unwanted by you and forfeited.
5.8 Please take extra care to ensure accuracy of your customisation requirements as we do not accept returns because of incorrect specifications supplied by customers. Extra costs will be incurred for alterations caused by this and the alterations will have to be factored in with other orders at the time.
We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. All other warranties, conditions or terms relating to fitness for purpose, merchantability, satisfactory quality or condition whether implied by stature or common law are excluded in so far as permitted by law.
DISCLAIMER: THE FOREGOING LIMITED WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, OR ANY AFFIRMATION OF ANY FACT OR REPRESENTATION WHICH EXTENDS BEYOND THE LIMITED WARRANTY SET FORTH ABOVE AND ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.1 In the case of Products, if you are contracting as a consumer, you have a statutory right to cancel your Product order for any reason and receive a full refund, except in the case of certain products listed in paragraph 7.2. You will receive a full refund of the price paid for the Products (excluding any and all shipping costs and any other fees/charges associated with delivering the Product to you). Your statutory right to cancel a Contract relating to the purchase of a Product starts from the date when you receive the Product (when the Contract between us is formed). If the Products have been delivered to you, you may cancel at any time within 7 working days, starting from the day after you receive the Products. In the event that you received a Product that is damaged on delivery then please inform us of this in writing as soon as possible. If a Product is returned to us damaged and you have not informed us that the Product was damaged when you received it then we may refuse your right to cancel or receive a refund.
7.2 You will not have any right to cancel a Contract for the supply of any bespoke, custom, made-to-order, made-to-measure or personalised products, personal hygiene products, newspapers, periodicals or magazines, perishable goods, or software, DVDs or CDs which have had their security seal opened or unsealed, or any other product that had its protective packaging opened/removed.
7.3 In the case of Services, your cancellation rights vary depending on the service that we are providing you with. A cancellation fee may be applicable. Please refer to the particular terms and conditions that relate to the Service that you are receiving in accordance with paragraph 2.3.
7.4 In the case of Products, to cancel a Contract, you must inform us in writing. If the Products have been delivered to you, you must also return the Products together with all original packaging to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession.
7.5 Without prejudice to any other remedies we may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions Magic Lao Carpets Handicrafts may suspend or terminate the supply of Products or Services to the Customer. Magic Lao Carpets Handicrafts will not be liable to the Customer for any loss or damage the Customer suffers because we have exercised our rights under this clause.
7.6 Magic Lao Carpets Handicrafts may cancel any contract to which these terms and conditions apply or cancel delivery of Products at any time before the Products are delivered by giving written notice to the Customer. On giving such notice we shall repay to the Customer any money paid by the Customer for the Products. Magic Lao Carpets Handicrafts shall not be liable for any loss or damage whatsoever arising from such cancellation.
7.7 Cancellation of orders for bespoke, made-to-measure, personalised Products made to the Customer’s specifications, will not be accepted after the confirmation of the order by the Customer, and no refunds will be made for such Products.
7.8 For more information please refer to our Refunds and Returns policy.
8.1 We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under your Contract with us.
8.2 You may only transfer your rights and obligations under your Contract with us if we agree to this in writing.
9.1 The price of the Products, Services and our delivery charges will be as quoted in our Quotation issued to you and/or on our site from time to time, except in cases of obvious error.
9.2 Product and Service prices are net prices and do not include any applicable taxes. Local (Lao P.D.R.) VAT will be added at checkout if the delivery address for your purchase is in the Lao P.D.R.
9.3 Product and Service prices do not include any taxes and/or customs duties applicable at your shipping destination, as it is at the discretion of the destination country’s customs to impose import duties according to local customs laws. It is your responsibility as a customer to pay all import taxes and duties. It is your responsibility to verify import restrictions and requirements and customs procedures in your country.
9.4 Product and Service prices and delivery charges are liable to change at any time, but changes will not affect orders for Products and/or Services which you then take steps to fulfil/receive within a reasonable time of such order.
9.5 When paying with a credit or debit card on or online shop, your payment information will be processed and analysed by CyberSource, an internationally acclaimed payment processing and fraud detection company. When entering your credit card details, no information will be saved or stored on ateliermlch.com servers. Atelier MLCH uses MasterCard SecureCode and Verified by Visa for all transactions. MasterCard SecureCode and Verified by Visa stores and safeguards your card and/or bank details. MasterCard SecureCode and Verified by Visa takes the payment from your card or bank directly, and your payment details are never shared on the internet. Payments are made inside the checkout process.
9.6 If you choose to pay via Direct Bank Transfer/Wire Transfer during checkout, your order will be put on hold until we receive the full payment into our account. Your order will not be shipped until the funds have cleared in our account. This payment method incurs a bank transaction fee of $25. To speed up the clearance of funds and to avoid transfer errors, please remember to a) use your Order # as the payment reference / comment in your bank transfer instructions; failure to do so can significantly extend the order processing time, and b) send us a screenshot of your bank transfer confirmation in a reply to our order confirmation email – this will allow us to start fulfilling your order before the funds have cleared (make sure your name, date and transaction reference number are clearly visible in the screenshot, and edit out sensitive info like your bank account #, if it is included).
We ship internationally using DHL Worldwide, which is the most reliable and quickest way to ship from Laos. Standard shipping takes approximately 5-14 business days to anywhere in the world and a tracking number will be provided. For in-stock items, your shipping rates will be calculated at checkout after you enter your shipping address. For made-to-order, customised and bespoke items, shipping rates will only be available once the Product is finished, and will be included in your final invoice..
The system does not calculate the shipping for remote areas automatically. Please check the remote areas list here. And email us on [email protected] for a shipping estimate. If you still go ahead and place your order, once we receive the order, if your address falls into one of the remote areas listed by DHL, we’ll send you a payment link for the updated shipping price.
Orders that are shipped overseas may be subject to custom duties and/or other import taxes. Customs policies vary widely from country to country. If you would like any further information, please contact your local customs office.
Magic Lao Carpets Handicrafts will not be held responsible for any loss or damage to the Product due to customs, delivery couriers or any other areas outside of our control, once the Product has been shipped from our office in Vientiane.
Please view our returns and refunds terms and conditions on the Returns and Refunds Policy page (https://ateliermlch.com/refunds_returns_policy/). By agreeing and accepting these terms and conditions you hereby agree and accept the terms of our Refunds and Returns Policy.
Please read our Privacy Policy (https://ateliermlch.com/privacy-policy/) for details on how we use your information you provide to us while using this website. By agreeing and accepting these terms and conditions you hereby agree and accept the terms of our Privacy Policy.
13.1 This paragraph 13 applies when you are making payments in the course of a business. It does not apply where you are a consumer.
13.2 Subject to paragraph 13.4, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and/or Services and, subject to paragraph 13.3, any losses that you suffer as a result of our failure to comply (whether arising in contract, delict (including negligence), breach of statutory duty or otherwise).
13.3 Subject to paragraph 13.4, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses were in our contemplation as at the date that the contract constituted by these terms and conditions was formed between us of being a foreseeable consequence of our breach:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
13.4 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) defective products under the Consumer Protection Act 1987; or
(d) any other matter for which liability cannot be excluded or limited by law.
This paragraph 13 does not apply if you are contracting as a consumer. If you are contracting as a consumer please see paragraph 14.
14.1 If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions or our negligence. Loss or damage is foreseeable if it was an obvious consequence of our breach or it was otherwise contemplated by you and us at the time we entered into the relevant Contract.
14.2 We only supply the Product and Services for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples)
(d) defective products under the Consumer Protection Act 1987; and
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
This paragraph 14 does not apply if you are contracting as a business. If you are contracting in the course of business please see paragraph 15.
15.1 We have the right to revise and amend these terms and conditions from time to time.
15.2 You will be subject to the policies and terms and conditions in force at the time that you order Products and/or Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
16.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter hereof.
16.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
16.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
16.4 Nothing in this paragraph limits or excludes any liability for fraud.
If you are contracting as a consumer, this paragraph 16 does not apply. If you are contracting as a consumer please see paragraph 17.
If you are contracting as a consumer, we intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
If you are contracting in the course of business, this paragraph 17 does not apply. If you are contracting in the course of business please see paragraph 16.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication by us to you will be electronic. We will contact you by email or provide you with information by posting notices on our site. For contractual purposes you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
19.1 Any notice to be sent by you or by us in connection with these terms and condition can be sent by letter or by email. Notices to us should be sent to one of the following addresses:
19.1.1 Registered Mail: Unit 209, Noy 14, Ban Nongduan Tai, Sikhottabong District, P.O. Box 58. Vientiane Capital, Lao P.D.R.;
19.1.2 Email: [email protected]
19.2 We will send notices to you by email to the email address that you provided at the time of registering your account on our website.
19.3 Either of us can change the address for notices by telling the other in writing the new address, but the previous address will continue to remain valid for 7 days after the change is notified.
Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our website or any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on this website or any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on our website or any related website, should be taken to indicate that all information on this website or any related website has been modified or updated.
For all hand-made items and items made from natural products, such as leather, glass, marble or wood, it is not possible to guarantee the items will have exactly the same colour, shade, pattern or finish as items seen on the website, due to the inherent nature of such materials and production process. All of our products are handmade in small batches, and as such there will usually be a slight difference between each item. We do not consider such differences to be faults or defects, but rather a distinguishing feature of the craftsperson’s work, which makes each piece unique.
All measurements are approximate and the reproduction of colours on the website cannot be perfect, but are as accurate as photographic and publishing processes allow.
The naming of any product or product variant is to guide you and differentiate between each option. These names may be subject to change without notice. The name of each product or variant does not form part of the contractual description of the item.
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with these terms and conditions.
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
The failure of either party to exercise or enforce any right conferred on that party by these terms and conditions shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 18 above.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
We reserve the right to defer the date of delivery or to cancel a Contract for all circumstances beyond its reasonable control, including but not limited to any strike, lockout, disorder, fire, explosion, accident or stoppage of or affecting our business or work and which prevents or hinders the delivery of the Goods or the performance of the Services.
These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Lao law. Any dispute or claim arising out of or in connection with these terms and conditions or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Lao P.D.R.
For any questions or concerns related to these terms and conditions, please use any of the means listed on the Contact Us page on this website to contact Magic Lao Carpets Handicrafts.
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