What should a Subscription Box Agreement include under Thai law?

1. Who We Are and How These Terms Apply
2. Definitions and Interpretation
3. Starting Your Subscription
4. Plans, Box Contents and Substitutions
5. Price, Payment and Automatic Renewal
6. Changing, Skipping and Pausing
7. Changes We Make to the Price or the Service
8. Cancelling Your Subscription
9. Your Legal Right to Cancel (Consumers)
10. Delivery
11. Faulty Items
12. Gift Subscriptions
13. Our Responsibility
14. Your Personal Data
15. Complaints, Governing Law and Courts
16. Business Subscribers
17. General

• Publish these Terms on their own page and link to them at sign-up. Before the final button, show the Plan, the price per Billing Cycle, the delivery charge, the date of the next charge and a plain statement that the subscription renews automatically until cancelled (Clause 3.1 and Clause 5.2). Use an unticked box for acceptance of the Terms and recurring payments.
• Label the final button so that it is clear the customer is subscribing and agreeing to pay, for example "Subscribe and pay".
• Make cancelling as easy as subscribing: a cancel button in the account and cancellation by email (Clause 8.1). Hidden or difficult cancellation is the most common complaint against subscription businesses and is treated as unfair in many countries.
• Send a receipt for every charge with a cancellation link (Clause 5.3), and set an automatic reminder at least … days before a prepaid Plan renews (Clause 5.4).
• Keep the deadline for changes consistent: the Cut-off is … days before each Renewal Date (Clause 2.1). Show it in the account page.

• Card schemes and payment providers have their own rules for recurring payments, such as storing the customer's consent, showing the descriptor on the statement and sending pre-renewal notices for long prepaid periods. Follow your payment provider's rules. Breaching them can lead to chargebacks and the loss of your merchant account.

• A business that sells to consumers online in Thailand is generally treated as a direct marketing business and must register with the Office of the Consumer Protection Board before it starts selling, and generally needs a commercial registration.
• Food, supplements, cosmetics and pet food need Thai approvals and Thai-language labels before they can be sold in Thailand, and the destination country may have its own import permits and labelling rules. Check the rules for each item you put in a Box.

• Consumers who buy online have a legal right to cancel: at least 7 days after receipt in Thailand, 14 days in the European Union and the United Kingdom. You set … days in Clause 9.1. Refund within 14 days after the cancellation notice reaches you (Clause 9.2); Thai direct marketing rules count the refund period from the notice, not from the return of the items.
• You chose a minimum commitment of … Boxes (Clause 8.3). A commitment that is long, that is not reflected in a lower price, or that is not shown clearly before sign-up may be unfair under the Unfair Contract Terms Act B.E. 2540 (1997) and under the consumer laws of other countries. Show it next to the price and keep it short.
• A price increase or a significant change to a Plan needs … days' notice and a free right to cancel (Clause 7). Do not raise prices silently.
• Do not require an unboxing video for claims about damaged or missing items (Clause 11.2).

• No stamp duty is payable. A subscription for the supply of goods is not an instrument listed in the Stamp Duty Schedule of the Thai Revenue Code.

• Income from subscriptions is taxable in Thailand. If you are registered for Thai VAT, VAT arises on each charge, and goods exported from Thailand are generally zero-rated if you keep the export documents that the Revenue Department requires.
• You chose to include import charges in your prices (Clause 5.6). Several countries require a foreign seller who collects import VAT or GST to register there first. Take advice before shipping on this basis.You chose that subscribers abroad pay their own import charges (Clause 5.6). Say so on the sign-up page, because unexpected charges on every Box lead to cancellations and refused parcels.

• Publish a privacy notice at the address in Clause 14.1 that covers recurring billing, delivery partners, customs and transfers abroad (Personal Data Protection Act sections 23, 28 and 29).
• Allergy and dietary information can be health data, which is sensitive data under section 26. Collect it only with a separate, explicit, optional consent, keep it to the minimum needed, and delete it when the subscriber withdraws consent or cancels (Clause 14.3).
• Marketing messages need a separate consent (Clause 14.4). Receipts, reminders and delivery notices do not.
• If a data breach happens, you must generally notify the Personal Data Protection Committee within 72 hours after becoming aware of it (section 37(4)).

• For each subscriber: the version of these Terms accepted, the time of sign-up, the consent to recurring payments, every receipt and reminder sent, and every change, skip, pause or cancellation request with the time you received it.
• Photographs of damaged Boxes, delivery tracking, refunds and replies to complaints.

• A subscriber who disputes a charge usually goes to the card issuer first. Records of consent, reminders and easy cancellation are your best defence against chargebacks.
• A Thai court works in Thai. Any English document used as evidence must be filed with a certified Thai translation.

Compiled from the notes that accompany the English contract templates on this site, published by Phuwara Krobtaku (ภูวรา ครอบตะคุ), Thai attorney-at-law, licence no. 477/2558. The short answer and summary at the top of this page are put together by the site from the template's clause headings and notes. Statutes are quoted only in the official Thai text: Thai is the only official language of Thai legislation, and an unofficial translation can mislead. Article registry OKC-C2DC16. If you reuse this content, please credit the author and link to the original.