Part I: Marketing & Creative Agency Services Refund and Cancellation Policy

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1. Scope and Integration

 

1.1 Applicability:
This policy governs all professional services provided by the Agency, including but not limited to digital marketing (SEO, SEM, PPC, SMM), creative services (branding, copywriting, graphic design, video production), and consulting services. Services outside this scope require separate written agreements. This is the default policy framework in the absence of other contractual agreements - all agency services are to be defined by separate contracts, to be signed off by all relevant parties - this policy serves as a default policy example for marketing/creative agency services. 

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1.2 Electronic Acknowledgment:
Clients must electronically acknowledge and accept these terms before any payment is made. This acknowledgment confirms that the Client has read and understood the following detailed standards and procedures.

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2. Payment Terms and Non-Refundable Components

 

2.1 Standard Payment Schedule:

• Deposit:
  50% due upon project initiation. This deposit is non-refundable once Work Commencement has been confirmed.

• Mid-Project Payment:
  30% due upon milestone approval, where milestone completion is documented by a signed progress report. This payment becomes non-refundable upon Client acceptance of the deliverables for that phase.

• Final Payment:
  20% due upon project completion, with the full payment window not exceeding 90 days from final delivery.

 

2.2 Third-Party and Business Expenses:
All costs incurred for external services—including software licenses, advertising fees, or subcontractor expenses—are non-refundable once payment is processed.

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3. Cancellation and Refund Procedures

 

3.1 Client-Initiated Cancellation

 

3.1.1 Cancellation Prior to Work Commencement:

• Entitlement:
  If cancellation occurs before Work Commencement (i.e., before the first billable task has been formally initiated in a documented project initiation meeting or sign-off), the Client will receive a refund of all payments made, minus any unrecoverable administrative or initiation expenses.

• Process:
  The Client must submit the cancellation request in writing via email to the designated contact address.

 

3.1.2 Cancellation After Work Commencement:

• Refund Calculation:
  Upon cancellation after Work Commencement, the Client’s refund is calculated as the greater of 50% of the total project cost or the documented value of actual work completed, less non-refundable deposits and incurred third-party expenses.

• Documentation:
  The Client’s cancellation request must be submitted in writing and accompanied by any supporting documentation relevant to the work completed to date.

 

3.2 Agency-Initiated Termination

If the Agency terminates a project for reasons not attributable to Client misconduct, a prorated refund will be issued based on the work that remains uncompleted. The calculation will deduct all non-refundable deposits, third-party expenses, and compensation for work performed.

 

3.3 Refunds for Defective Deliverables

 

3.3.1 Eligibility for Refund or Remedy:
Refunds or remedial actions are only applicable if a deliverable materially fails to conform to the Core Specifications defined in the Client’s contract or Statement of Work.

 

3.3.2 Proof of Defect – Technical Standards:
The Client must submit verifiable evidence of the defect or misrepresentation within 7 days of receiving the deliverable or accessing the digital product. The evidence must meet the following standards:

• Written Descriptions:
  A clear, detailed written explanation of the defect, including the time, date, and specific nature of the issue, with explicit reference to the relevant section of the Core Specifications.

• Annotated Screenshots:
  Screenshots must be in JPEG or PNG format, with a minimum resolution of 1280 x 720 pixels. Each screenshot must be annotated (using arrows, highlights, or text overlays) to clearly indicate the defect or discrepancy relative to the product description.

• Video Recordings:
  If video evidence is submitted, it must be provided in MP4 or MOV format, with a minimum resolution of 1280 x 720 pixels and a maximum duration of 5 minutes unless the nature of the defect requires a longer demonstration. The video must include:

  • A full view of the screen or product interface;

  • A narrated explanation or on-screen text detailing the steps taken to reproduce the defect; and

  • Clear capture of any error messages or discrepancies.

• Other Evidence:
  For service delivery issues, documented communication (e.g., emails, signed meeting minutes, or chat transcripts) that clearly demonstrates the discrepancy between the agreed deliverables and the work provided is acceptable.

 

3.3.3 Evaluation and Remedies:
Upon submission of compliant evidence, the Agency will review the claim within 7 business days. If the defect is confirmed:

• For Services:
  The Agency may offer additional revisions (beyond the standard three-round limit) or a proportionate refund based on the value of work that does not meet the Core Specifications.

• For Digital Products:
  The Agency may offer a repair update, a replacement product, or, in certain cases, a proportionate refund.

 

3.3.4 Exclusions:
Claims based solely on subjective dissatisfaction, a change of mind, or minor stylistic differences (where Core Specifications are met) will not be eligible for refunds or remedial actions.

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Part II: E-Commerce Digital Products Refund and Cancellation Policy

 

1. Scope and Integration

 

1.1 Applicability:
This policy applies to all digital products sold via our e-commerce platform, including but not limited to PDF guides, creative assets (e.g., LUTs, templates), software, and online tools.

 

1.2 Electronic Consent:
Customers must explicitly acknowledge these digital refund terms during the checkout process. This acknowledgment includes confirmation that digital products are non-refundable upon download or access, except as described in Section 3.

 

2. Payment and Access

 

2.1 Payment Terms:
Full payment is collected at the point of purchase, and digital products are made available immediately unless specified otherwise.

 

2.2 Non-Refundable Access:
Digital products become non-refundable immediately upon purchase or access unless the product is proven defective or materially misrepresented (see Section 3).

 

3. Refund Procedures for Digital Products

 

3.1 Eligibility for Refund or Remedy:
Refunds or remedial actions for digital products are available only if the product is defective or not as described, as evidenced by the technical standards below.

 

3.2 Technical Standards for Evidence:

Customers must submit evidence of defects using the following criteria:

• Detailed Written Description:
  The customer must provide a clear written explanation describing the defect, referencing the product description and specifying the nature of the discrepancy.
   

• Annotated Screenshots:
  Screenshots should be submitted in JPEG or PNG format, with a minimum resolution of 1280 x 720 pixels, and must include annotations that clearly pinpoint the defect. The agency reserves the right to not engage with non-annotated, poorly formatted or otherwise insufficient media evidence. 
   

• Video Recordings:
  Video evidence should be in MP4 or MOV format with a resolution of at least 1280 x 720 pixels, not exceeding 5 minutes unless a longer demonstration is necessary. The video must clearly demonstrate the steps to reproduce the defect and capture any error messages.

 

3.3 Download Refund Window

All sales of digital products are final. Refunds will only be considered in cases where the product is defective, corrupt, or materially misrepresented, as determined under the Technical Evidence Submission Standards defined in this policy. Access or non-access to the product does not constitute grounds for refund unless verifiable issues are presented. It is the customer’s responsibility to ensure compatibility and suitability before purchase.

 

3.4 Evaluation and Remedies:
If compliant evidence is provided, the Agency will evaluate the claim within 7 business days. Remedies may include repair, replacement, or a proportional refund. Claims based solely on subjective dissatisfaction without supporting evidence of a technical fault by the agency will be rejected.

 

4. Compliance with EU Consumer Rights

For EU consumers, the Agency complies with the Consumer Rights Directive and Digital Content Directive. Customers will be informed that the right of withdrawal is waived after explicit pre-purchase consent is provided. The client is responsible for reviewing the relevant products on the relevant digital sales interface, and, if in doubt, contact the agency pre-purchase to provide the required information about our products and services. Product information on alternative digital vendors, such as social media, re-seller platforms and other non-official sales channels is not classes as official information advertised by the agency, and may be considered to be artistic interpretation - seek accurate information on our official website, via-email and other forms of direct communication.

 

5. Dispute Resolution

Any disputes regarding digital products will follow the general dispute resolution procedures outlined in our overall Terms & Conditions, with mediation as the initial step.

 

Part III: Physical Goods Refund and Cancellation Policy

 

1. Scope and Integration

 

1.1 Applicability:
This policy governs the sale of physical goods (e.g., merchandise) offered by Schema Co., Ltd. through our e-commerce platform.

 

1.2 Inspection and Acceptance:

All claims regarding defects or dissatisfaction must be supported by clear, objective evidence submitted in accordance with the Technical Evidence Submission Standards referenced in this policy. This includes, but is not limited to, high-resolution photographs or videos, accurate descriptions of the issue, and any required metadata. Claims based solely on subjective dissatisfaction or personal preference will not be considered. In all return, refund, or exchange scenarios, the client shall bear full responsibility for all shipping, customs, and handling costs associated with the return of goods, unless otherwise required by mandatory local consumer protection laws. Returned items must be safely packaged, traceable, and received in verifiable condition for the refund to be processed. The Company assumes no liability for loss or damage during return transit.

 

2. Payment and Delivery

 

2.1 Payment Terms:
Full payment is collected at the time of sale.

 

2.2 Shipping and Handling:
Shipping charges are disclosed at purchase and may be non-refundable. Items will be shipped according to the delivery method specified at the time of order.

 

3. Refund and Return Procedures

 

3.1 Return Window:
Customers have [specify: e.g., 14 or 30] days from the date of delivery to inspect and, if necessary, return the goods if they are defective, not as described, or damaged upon arrival.

 

3.2 Return Process:

• Eligibility:
  Physical goods must be returned in their original condition, including all packaging and accessories.

• Evidence of Defect:
  Customers must provide photographic evidence in JPEG or PNG format (minimum resolution of 1280 x 720 pixels) clearly showing any defect, damage, or discrepancy relative to the product description.

• Documentation:
  A written description of the issue and relevant order or tracking information must accompany the return request.

• Refund Calculation:
  Refunds will be processed once the returned goods are received and inspected. Any applicable restocking fees or non-refundable shipping charges will be deducted from the refund.

 

3.3 Exclusions:
Returns based solely on change-of-mind may be accepted only at the Agency’s discretion, subject to the item’s condition and potential restocking fees.

 

4. Dispute Resolution

Disputes regarding physical goods will be handled in accordance with the standard dispute resolution process outlined in our overall Terms & Conditions, with mediation as the initial step.

 

Part IV: Legal Precedents and Case Studies

 

1. Overview

This chapter cites specific case studies and legal precedents that bolster the legal framework of our refund and cancellation policies. These examples demonstrate industry-standard practices and judicial interpretations that support our detailed approach, technical standards for evidence, and rigorous procedures for addressing defects and cancellations.

 

2. Notable Case Studies and Precedents

• Case Study: Digital Marketing Campaign Delays
  In a dispute involving a digital marketing agency, the court examined whether the agency’s failure to launch a key campaign constituted a material breach. The ruling emphasized that clearly defined milestones and documented work commencement were essential to determining liability. Our policy’s explicit definition of “Work Commencement” and the requirement for signed progress reports directly reflect these judicial principles.

• Case Study: Defective Digital Product Evidence
  In a matter concerning defective digital software, the court upheld a refund claim where the customer provided detailed, annotated screenshots and video evidence that met established technical standards. This case reinforces our requirement that evidence must include:

  • A detailed written explanation with time and date stamps;

  • Annotated screenshots at a minimum resolution of 1280 x 720 pixels; and

  • Video recordings in MP4 or MOV format with clear reproduction steps.

• Case Study: Subjective Dissatisfaction vs. Objective Non-Conformity
  A notable legal dispute involved a creative agency where a refund claim based solely on subjective dissatisfaction was rejected by the court. The ruling distinguished between minor stylistic differences and a material failure to meet core specifications. Our policy’s explicit exclusion of subjective dissatisfaction and requirement for evidence aligning with the Core Specifications is directly supported by this case.

• Case Study: EU Digital Content Directive Compliance
  A case under the EU Digital Content Directive highlighted that digital products must conform to their description and functionality as provided at the time of sale. Failure to comply entitles consumers to remedies. Our policy’s clear waiver of the right of withdrawal upon download—once explicit consent is given—and the detailed evidence requirements for defect claims are in direct alignment with this directive and its judicial interpretations.

• Case Study: Physical Goods and Restocking Fees
  In a matter concerning the return of physical goods, courts have upheld restocking fees provided they are clearly disclosed at the time of sale. Our policy explicitly details the conditions under which restocking fees and non-refundable shipping charges are applied, thereby reinforcing transparency and fairness in accordance with established legal precedents.

 

3. Conclusion of Precedent Review

These case studies and legal precedents collectively bolster our refund and cancellation framework by confirming that:

• Detailed definitions (such as Work Commencement and Core Specifications) are crucial for clarity.

• Specific, technical evidence standards are legally enforceable.

• Refunds based solely on subjective dissatisfaction are not supported by judicial precedent.

• Clear communication regarding fees, evidence, and procedures is essential to avoid disputes.

By incorporating these detailed requirements and aligning our policy with proven legal principles, Schema Co., Ltd. ensures a robust, legally impenetrable framework that protects both our interests and those of our Clients.

 

Part V: Applicable Law and References

This section outlines the legal foundations and publicly available references that support the refund and cancellation policies of Schema Co., Ltd. It is intended to ensure transparency, compliance, and enforceability, especially in cross-border transactions.

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1. Thailand Laws and Guidelines

 

1.1 Civil and Commercial Code of Thailand (Sections 383–395: Contracts & Performance)
Establishes general contract law principles including cancellation, non-performance, and restitution.

• Official text (unofficial English translation):
  https://thailaws.com/law/t_laws/tlaw0109.pdf

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1.2 Consumer Protection Act B.E. 2522 (1979)
Empowers consumers with rights against false advertising and unfair terms.

• Office of the Consumer Protection Board:
  https://ocpb.go.th/uploads/files/consumer%20protection%20act%20B.E.%202522.pdf

 

1.3 Electronic Transactions Act B.E. 2544 (2001)
Governs the legal recognition of electronic agreements and digital signatures.

• https://www.etda.or.th/publishing-detail/electronic-transactions-act-be-2544-2001.html

 

2. International and Regional Laws

 

2.1 UN Convention on Contracts for the International Sale of Goods (CISG)
Applies in cases of international transactions where applicable.

• https://uncitral.un.org/en/texts/salegoods/conventions/sale_of_goods/cisg

 

2.2 European Union: Consumer Rights Directive (2011/83/EU)
Requires informed consent to void the right of withdrawal.

• https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32011L0083

 

2.3 European Union: Digital Content Directive (EU 2019/770)
Applies to refunds of digital goods for EU customers.

• https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32019L0770

 

2.4 UK Consumer Rights Act 2015
Governs consumer refunds, including digital goods and services.

• https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

 

3. Platform and Payment Provider Guidelines

 

3.1 PayPal Buyer Protection Program
Protects buyers for non-delivery or goods not as described.

• https://www.paypal.com/webapps/mpp/paypal-safety-and-security

 

3.2 Stripe Refund Policy Guidelines
Encourages clear refund policies; disputes can be settled via evidence submission.

• https://stripe.com/docs/disputes

 

3.3 Shopify Refund Policy Guide
Outlines how to structure return/refund policies for e-commerce.

• https://www.shopify.com/blog/refund-policy

 

4. Legal Case Studies Supporting Refund Enforcement

 

4.1 Case: Central Pattana PCL v. Consumer Protection Board (Thailand Supreme Court, 2011)
Confirmed that refund conditions must not unfairly limit consumer rights, even in customized service contracts.

 

4.2 Case: Digital Download Refund, Germany (2019, Amtsgericht Bremen)
A ruling that consumers who had not waived their right of withdrawal were entitled to a refund for defective software.

 

4.3 Case: Federal Trade Commission (FTC) v. Roca Labs (USA, 2015)
Held that refund denial based on buried or unfair terms violated consumer protection laws.

• Case details via FTC: https://www.ftc.gov/news-events/news/press-releases/2015/09/ftc-sues-marketers-roca-labs-stop-unfair-deceptive-claims

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4. Conclusion of Applicable Law

This Policy is designed and implemented in compliance with the above laws and directives. By citing these legal sources and integrating industry standards, Schema Co., Ltd. ensures that our refund and cancellation policies are transparent, enforceable, and aligned with both Thai and EU legal frameworks.

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This policy page serves as the official refund and returns legal reference, to be used with all relevant transactions, physical or digital. For further information or clarification regarding any of these policies, legal precedents, or applicable laws, please contact us at hello@schemacreative.agency