TERMS AND CONDITIONS FOR CLIENTS
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: The terms “Client”, "you", "your", and "yours" refer to anyone accessing, viewing, browsing, visiting or using the Site. The terms "PinoyShoppingMall.com", “Site”, "we", "us", and "our" refer to Pinoy Shopping Mall, affiliates and subsidiaries. Since we desire and working at our best to provide the best service and products through our online market, we implement these Terms and Conditions to anyone who accesses, views, browses, and/or uses the Site for the protection and interest of our valued Clients and the Site. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit without prior notice. As such, you take the responsibility to check these Terms and Conditions periodically. Changes will not apply to any orders we have already accepted unless the law requires. If you violate any of the terms of these Terms and Conditions you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Site. Your accessing, viewing, browsing and/or using the Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms and Conditions were last updated.
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter and discontinue browsing the Site.
ABOUT US
This Site is operated by PinoyShoppingMall, Inc. (PinoyShoppingMall.com). We are a company incorporated with our principal address at 380 Del Monte Avenue, Quezon City, the Philippines.
PRIVACY
Please review our Privacy Policy, which also governs your visit to the Site.
SITE ACCESS
You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced to any form for any commercial purpose without our expressed prior written consent. This will entail exploitation of the Site. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information that includes texts, page layouts, photos, or forms of PinoyShoppingMall.com or its Associates without our expressed prior written consent. You may not use any tags or any other "hidden text" utilizing our name or trademarks without our expressed prior written consent.
YOUR ACCOUNT
If you use the Site, you are responsible for the maintenance and confidentiality of the information you submit through “My Account” and the corresponding password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under “My Account” or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the “My Account” area of the Site. We take careful steps to protect your account and the Site.
LINKS
We are not responsible for the content of any site (in the form of word link, banners, channels or otherwise) that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site is independent from us, and we have no control over the content of that other website. In addition, a link to any other web site does not imply that we endorse or accept any responsibility for the content or use of such other website.
TERMINATION OF USAGE
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
USAGE BY MINORS
This Site is not intended for or directed to persons who are minors (persons under the age of 18). Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract; you must be at least 18 years of age or older.
APPLICABLE LAW
If you access the Site from anywhere in the Philippines, you agree that the laws of the Republic of the Philippines, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and PinoyShoppingMall.com and/or its Associates.
SITE POLICIES AND MODIFICATION
Please read and review our other policies, such as our Privacy Policy, Returns Policy, Shipping & Delivery Policy and others, all of which are incorporated herein by this reference and are posted on the Site and may be accessed by using the Search Help function on this page. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
HOW TO ORDER THROUGH THE SITE
After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). We will not be obliged to supply any other product which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our or our third party fulfillment provider’s inventory.
PRICES AND AVAILABILITY OF PRODUCTS
Prices and availability of products on the Site are subject to change without prior notice. Errors will be corrected when discovered. Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures. We are under no obligation to provide the product to you at the incorrect price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.
On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third party fulfillment provider’s inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
SHIPPING
The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has shipped marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. You agree and understand that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.
RISK OF LOSS
All items purchased from PinoyShoppingMall.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
Delivery Times
Your order will be fulfilled by the delivery date set out in the Shipping Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Shipping Confirmation, which could in exceptional circumstances be longer than 30 days.
Disclaimers of Warranty and Limitations of Liability
We make sure that, where you buy a product as a consumer, any product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied and will conform with description or sample.
Other than the warranties and other assurances we give you in these Terms and Conditions, Pinoy Shopping Mall, specifically disclaims all warranties, conditions and other terms of any kind, whether expressed or implied, including but not limited to implied terms of satisfactory quality or fitness for purpose. No oral advice or written information given by Pinoy Shopping Mall shall create a warranty (unless made fraudulently).
Applicable Law
If you access the Site from anywhere other than the Philippines, you agree that the Philippine Law will govern these Terms and Conditions and the purchase of products by you through the Site and that any dispute of any sort that might arise between you and Pinoy Shopping Mall or its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of the Philippines.
These Terms and Conditions were last revised and made effective as of August 20, 2009.
