Terms and Conditions

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TERMS OF SALE
 
1. INTRODUCTION
 
The following terms and conditions (“Terms of Sale”) will apply to any purchase that you make from us on this website.  If you purchase any product from us, you will be deemed to have consented to these Terms of Sale.
 
2. LEGAL CAPACITY
 
By purchasing any product from us, you represent and warrant to us that:
 
(a) you are at least eighteen (18) years old; and
(b) you are legally capable of entering into binding agreements or contracts.
 
3. MEMBER’S ACCOUNTS
 
3.1 Some functions of our website require the registration for an account (“Account”) by selecting a unique user identification ("User ID") and password, and by providing certain personal information (for more information on the personal information that we collect, please see our [our Privacy Policy].
 
3.2 We recommend that you (a) keep your password confidential; (b) ensure that you log out from your Account at the end of each session on the website; (c) immediately notify us of any unauthorized use of your Account; and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your Account even if such activities or uses were not committed by you. We will not be liable for any loss or damage arising from unauthorized use of your Account or your failure to comply with the recommendations provided in this clause.
 
3.3 You agree that we may for any reason, in our sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account, remove or discard from the website any content associated with your Account, withdraw any subsidies offered to you, cancel any transactions associated with your Account, temporarily withhold any sale proceeds or refunds, and/or take any other actions that we deem necessary. [Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity; (b) violation of the letter or spirit of these terms and conditions; (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behavior; (d) having multiple user accounts; (e) voucher abuse (including, but not limited to, selling of vouchers to third parties and abnormal or excessive use of vouchers on the website), (f) creation, exploitation, or use of any unauthorized third-party software or products in conjunction with or operate the functions available on our website or (g) behavior that is harmful to other users, third parties, or our business interests.
 
4. MEMBER’S OBLIGATIONS
 
4.1 The authorization granted to use this website and the services is effective until terminated. This authorization will terminate if you fail to comply with any of the terms or conditions herein set forth in these Terms of Sale (including but not limited to the list below). In any such event, we may effect such termination with or without notice to you. You will thereafter be unable to further use, purchase or otherwise transact on the website. In addition, we reserve the right to institute any and all applicable claims in a court of competent jurisdiction for the breach of any of these Terms of Sale.
 
4.2 You agree not to:
 
(a) upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) use the website or upload content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the services;
(d) cause, permit or authorize the modification, creation of derivative works, or translation of the website without our express permission;
(e) use the website for the benefit of any third party or any manner not permitted by the authorizations granted herein;
(f) use the website or upload content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
(g) open and/or operate multiple Accounts in connection with any conduct that violates either the letter or spirit of these terms and conditions;
(h) take any action that may undermine the feedback or ratings systems’ accuracy;
(i) attempt to decompile, reverse engineer, disassemble, or hack the website (or any portion thereof), or to defeat or overcome any of our encryption technology or security measures implemented with respect to our services and/or data transmitted, processed, or stored;
(j) harvest or collect any information about or regarding other users, including, without limitation, any personal data or information;
(k) interfere with, manipulate or disrupt the services of the website or servers or networks connected to the website or any other user's use and enjoyment of the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website; and
(l) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the website or the servers or networks connected to the website.  
 
5 PLACING AN ORDER / RETURNS AND REFUNDS
 
5.1 When you place an order to purchase our products, your order is only deemed an offer to purchase products. Prior to our confirmation, we retain the right to reject your order for any reason. Your order is only deemed acknowledged when you receive an email or message from us acknowledging receipt of your order.  
 
5.2 There may be instances where product/s you have chosen may not be in stock even after acknowledgment of your order. If we are unable to fulfill your order, we will contact you to refund any money advanced as part of your offer.
 
5.3 Any returns and refunds shall be subject to our Returns and Refunds Policy, a copy of which is attached here to as Exhibit A.
 
5.4 We reserve the right to cancel any order and refund you the price of any product/s for which you have paid without interest (in lieu of delivery or supply of such product/s), even after we have sent you an email informing that your order has been acknowledged, and payment has been received by us.
 
5.5 Each order shall be broken down into individual items, and the offer to purchase each item, which is duly accepted by us shall constitute a separate contract of sale. As such, any complication with an item/items, including but not limited to failure to deliver an item, delivery of a defective item, or any similar complication shall not affect the confirmation with respect to the other item/s.
 
6 PRICE
 
6.1 The price of any product is (except in cases of error) as displayed in our store on the website.
 
6.2 If we discover an error in the price of a product you have ordered, we will inform you prior to the acknowledgment of your order and give you the option of proceeding with your order at the correct price or cancelling it and receiving a refund.  If we (a) are unable to contact you or (b) do not receive a response from you within the period stated in our correspondence, your order will be treated as cancelled, and (if payment has been received by us) you will be refunded accordingly.
 
6.3 All prices are stated in Philippine pesos and are inclusive of Value-Added Tax.
 
7 NO WARRANTIES
 
All products and data or information on our website are offered or provided on an “as-is” and “as-available” basis.  We shall not be liable for minor discrepancies or inaccuracies in relation to the description or images, or any data or information on our website. Similarly, should there be any manifest inaccuracies in the data or information presented on our website, which are immediately apparent, or are clearly erroneous, you must take steps to confirm such information with us before acting on such information.  
 
8 RISK OF TITLE
 
8.1 Risk of damage to, or loss of, the products shall pass to you at the time of hand-off to the designated delivery service provider.
 
8.2 Notwithstanding delivery and the passing of risk in the products or any other provision of these Terms of Sale, the title to the products shall not pass to you until we have received in cash or cleared funds or full payment of the price of the products.
 
9 LIMITATION OF LIABILITY
 
9.1 We exclude all representations, warranties, conditions and terms (whether express or implied by statute, or otherwise) to the fullest extent permitted by law, including that the quality of products will meet your needs or expectations after any form of misuse, abuse, normal wear and tear, product mishandling, misguided usage and/or deviation from printed instructions. We will not be liable for damages which are not reasonably foreseeable arising out of or in connection with the order of products through our website.
 
9.2 Where the manufacturer of the products has issued a warranty in respect of such products, you hereby agree to look solely to such manufacturer or distributor for any claims related to such warranties, and to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless against such claims.
 
9.3 In any event, to the extent allowed by law, and notwithstanding anything contained in these Terms of Sale, our maximum aggregate liability in contract, tort (including negligence or breach of the statutory duty) or otherwise arising out of or in connection with your order and/or purchase of products shall be limited to the price of the products ordered and/or purchased from our website.
 
9.4 Notwithstanding the foregoing, nothing in these Terms of Sale (a) excludes, restricts or modifies any condition, warranty, right, or liability implied into these terms and conditions where to do so is illegal or would render any provision hereof void; or (b) shall limit or exclude any liability for death or personal injury caused by our negligence.
 
10 LINKS TO THIRD-PARTY WEBSITES
 
From time to time, our website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse these other websites. We have no responsibility for the content of these other websites. We make no representations or warranties that these other websites do not infringe intellectual property rights of any person. We are not authorizing the reproduction of material found on these other websites.
 
11 INTELLECTUAL PROPERTY 
 
We grant you a limited and revocable license to access and use its website. All proprietary content, trademarks, brand names, logos, and other intellectual property (“Intellectual Property”) displayed in our website are our exclusive property  and where applicable, third party proprietors identified in our website.
 
No right or license is granted directly or indirectly to any party accessing our website to use or reproduce any Intellectual Property, and no party accessing our website shall claim any right, title or interest therein. By using or accessing our website you agree to comply with the relevant Intellectual Property laws that protect the website and its contents.
 
You agree not to copy, rent, sell, distribute, transmit, publicly display, modify, or create derivative works of any portion of the website or its contents. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this website on any other server or as part of any other website.
 
12 DATA PROTECTION
 
Any personal data you transmit to us will be collected, received, and processed in accordance with our Privacy Policy. By placing an order on our website, you hereby agree to the terms of our Privacy Policy. A copy of this policy can be found at [our Privacy Policy].
 
13 NOTICES
 
Any written notice given under this Terms of Sale shall be deemed to be sufficient if it is made in the English language and sent by any of the following means:
 
13.1 By registered mail or courier service to the addresses provided herein; or
13.2 By facsimile at the numbers provided herein; or
13.3 By electronic mail provided herein.
 
For notices sent to us, the following information shall be used:
 
[insert address for receipt of mail]
[insert fax number (if applicable)]
[insert email address]
 
For notices sent to you, the contact information (e.g. email address, home address, mobile phone number, and other similar information) you provided for the completion of your order shall be used.
 
Provided, however, that either you or we may change its contact information by giving a written notice to the corresponding addressee of the other party at least fifteen (15) days in advance.
 
14 INDEMNITY
 
You agree fully to indemnify, defend, and hold us, and our officers, directors, employees, agents and suppliers, harmless from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any (a) breach of these Terms of Sale, (b) any liabilities arising out of the use of our website, and (c) any violation of any law or the rights of a third party, by you or by any other person accessing our website using your account and/or your personal information, unless (x) such liability, damages, or losses are caused solely by our gross neglect, or fraud, and (y) you have exhausted all means possible to avoid such liability, damages, or losses.
 
15 GENERAL TERMS
 
15.1 Use of Third Parties. We may use third parties to perform several of its obligations, including, but not limited to, delivery services, inventory services, and the like. By ordering though our website, you hereby consent to the use of such third parties, and acknowledge that we do not have control over such third parties and are unable to ensure their compliance with their obligations.
 
15.2 Waiver. Our failure to exercise or enforce any of its rights conferred in these Terms of Sale shall not be deemed to be a waiver of any such right or shall not operate to bar the exercise or enforcement thereof on any other occasion. The invalidity of any provision of these Terms of Sale shall not adversely affect the validity or enforceability of the remaining provisions.
 
15.3 Entire Agreement. These Terms of Sale supersede all prior representations, understandings, and agreements, written or oral, between us.
 
15.4 Severability. Any term or condition, or any part thereof, which is declared or adjudged to be illegal, invalid, prohibited or unenforceable under any applicable law in any jurisdiction shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability without invalidating, vitiating or rendering unenforceable, the remaining terms or conditions of these Terms of Sale, and any such illegality, invalidity, prohibition or unenforceability in any jurisdiction shall not invalidate, vitiate or render unenforceable any such conditions in any other jurisdiction.
 
15.5 Force Majeure. We shall not be liable to you for loss or damage resulting from delay or failure to perform our obligations under these Terms of Sale, either in whole or in part, if circumstances have changed beyond the reasonable contemplation of the contract of sale, such as but not limited to, when the same is due to causes beyond our reasonable control, including civil war, insurrections, strikes, riots, fires, floods, explosions, earthquakes, serious accidents or any acts of God, government regulations, epidemics, quarantine protocols, work stoppage, or labor trouble resulting in cessation, slowdown, or interruption of work. In the event of the same, our obligations herein shall be extended for the periods of such circumstances insofar as they affect the performance of our obligations under these Terms of Sale. Further, we shall have the right to cancel the sale during the existence of any of the circumstances mentioned above without any penalty whatsoever.
 
15.6 Server downtime / Temporary Termination of Services.  We reserve the right to temporarily halt the provision of services provided in its website at any time due to maintenance activities, server downtime, and internet connection problems, among other similar technical issues.
 
15.7 Assignment. These Terms of Sale and any rights, obligations and licenses granted therein may not be assigned or transferred by you, but may be assigned or transferred by us without restriction.
 
15.8 Governing Law. These Terms of Sale shall be governed by and construed under the laws of the Philippines. You agree to submit to the sole and exclusive jurisdiction of the courts of [insert city], to the exclusion of all others, in relation to and/or in connection with these Terms of Sale, and/or the contract of sale.
 
 
 
 
Exhibit A
 
RETURNS AND REFUNDS POLICY 
The following terms and conditions on the returns and refunds (“Returns and Refunds Policy”) will apply to any purchase that you make from us.  If you purchase any product from us, you will be deemed to have consented to this Returns and Refunds Policy.
 
1. CANCELLATION OR WITHDRAWAL OF PURCHASE ORDER 
1.1 You may cancel or withdraw your purchase order within [1] hour from the time that you settle the payment of the amounts under the purchase order.
 
1.2 Subject to Clause 1.3 below, you may cancel or withdraw your purchase order within [] days from the date of the delivery of the product or commencement of the services.
 
1.3 The following are the valid reasons for the cancellation or withdrawal of your purchase order under Clause 1.2:
 
a. Where the product that was received is faulty or damaged;
b. Where the product that was received is expired (for perishable goods);
c. Where the product that was received does not match the description or pictures shown in the product listing;
d. Where the product that was received is the wrong item or different from that which was purchased;
e. Where the product that was received is a counterfeit item;
f. In cases where the product is never delivered and/or is tagged as missing by the courier;
g. Where the produce that was received is incomplete or does not have all of the accessories or additional items as listed in the product listing; and
h. Where the product has not been delivered within [30] business days from the last date of the estimated date of delivery as provided to you in the confirmation of your purchase order.
 
1.4 Notwithstanding anything to the contrary in Clauses 1.2 and 1.3 above, any products purchased from us may not be refunded or returned in the following cases:
 
(a) In case of a “change of mind,” by you;
(b) The product is lost or damaged due to the reasons attributable to you;
(c) The value of product has decreased substantially due to the use or consumption of the product;
(d) The value of the product has decreased substantially due to the passing of time to the extent that it is not feasible to resell such product to a third party;
(e) In cases where the product packaging has been damaged, where the performance, safety, or function of the purchased product has not been considerably affected; or
(f) In the case that we notify you that the transaction involves the sale of a customized product to be produced based on the individual order and we have obtained your prior written consent (including via emails).
 
2. EFFECT OF CANCELLATION OR WITHDRAWAL OF PURCHASE ORDER 
2.1 All refunds are conditional upon our acceptance of a valid return of the product. Subject to our acceptance of the product, we will process the refund of the product within [10] business days from the date on which the product is returned to us. In all cases, you must be able to (a) document and provide us with a photo of the condition of the product prior to its return and (b) ship the product back to us within 10 business days from the date of receipt of the product. Otherwise, you are deemed to have accepted the product and your refund request will not be accepted.
 
2.2 Risk of damage to, or loss of, the product subject of the return and refund request shall pass to us only at the time of our actual receipt of the product. For the avoidance of doubt, any damage to the product sustained during transit shall be borne by you, and may be cause for the rejection of your refund request.
 
2.3 We reserve our right to choose the method of the refund such as cancellation of the credit card transaction and credit to your credit card, or money transfer, etc., which may not be necessarily be the same method originally used by you to pay your purchase order.
 
2.4 We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
 
2.5 You will be responsible for any costs and expenses relating to the return of the product to us (including any and all shipping costs) whereas we will be responsible for the costs and expenses relating to the return of the product in case that the product must be returned due to the reasons solely attributable to us.
 
2.6 The product must be returned to us in the same condition that you have received.
 
2.7 You are required to return to us any reward points, discounts, or other benefits received in connection with the purchase in case of cancellation or withdrawal of your purchase order.
 

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