Purchase of Products
Your compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform, as well as any amendments to the aforementioned, from time to time.
Sellers: Products are sold by “Sellers”. ___________ may be a “Seller” for selected Products. “Seller” may also refer to a party other than ___________(such party referred to in these Terms & Conditions of Sale as a “Third Party Vendor”). Whether a particular Product is listed for sale on the Platform by ______________or a Third-Party Vendor may be stated on the webpage listing that Product. Products sold to you by Sellers will be governed by individual Customer Contracts which:
for Products sold by Third-Party Vendors, shall be agreements entered into directly and only between the Third-Party Vendor and you; and
for Products sold by ___________, shall be agreements entered into directly and only between __________ and you.
Product description: While Seller endeavors to provide an accurate description of the Products, neither Sukee.ph nor Seller warrants that such description is accurate, current or free from error.
Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the “Submit Order button. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.
All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 8, you may request to cancel or amend the Order which Seller will endeavor to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Seller is not obliged to give effect to any request to cancel or amend any Order.
Termination by Seller in the event of pricing error: Seller reserves the right to terminate the Customer Contract, in the event that a Product has been mispriced on the Platform, in which event __________ shall, on behalf of Seller, notify you of such cancellation.
Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by Seller via the Platform, under the “Specifications” tab in the field “Product Warranty” for the relevant Product, and shall be limited by the terms and conditions therein.
Customer’s acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either __________ or Seller. You also acknowledge and agree that to the extent allowed under Philippine law, the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale and Customer Contracts allocate risks between the parties and permit Seller to provide the Products at lower fees or prices than Seller otherwise could and you agree that such exclusions on liability are reasonable.
No representations or warranties: Without prejudice to the generality of the foregoing clause and to the extent allowed under Philippine law:
any actions arising from the breach of any warranty or representation, or any right to damages, whether express or implied, shall be extinguished if an action is not brought against ______________ within six months from the date of delivery, or from the scheduled delivery of the Product.
Sukee.ph shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, intangible losses, and any other type of damages caused by any breach of a Third Party Vendor’s implied or express warranty on the Products;
The Customer agrees and acknowledges that the Product Materials shall remain the property of Seller or its licensors. The Customer further agrees that any and all Intellectual Property embodied in or relating to the Product Materials shall remain the sole and exclusive property of Seller or its licensors. Unless otherwise expressly provided in the Order or the prior written consent of ___________ has been obtained, the Customer undertakes to return the Product Materials and/or any copies thereof upon _______’s request.
Delivery of Products
Address: Delivery of the Products shall be made to the address you specify in your Order either by Seller or by ____________ (or its agents) on behalf of Seller.
Delivery & packing charges: Delivery and packing charges shall be as set out in the Order.
PRICES OF PRODUCTS
Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to Seller (through the Platform). _________________ and/or Seller is determined to provide the most accurate pricing information on the platform to its customers. However, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, __________ and/or Seller reserves the right to refuse or cancel any order. In the event that an item is mispriced, _____________may, at its own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Taxes: All Listing Prices are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
Payment
General: You may pay for the Product using any of the payment methods prescribed by __________ from time to time. When you place an Order, actual payment will be only charged upon Seller’s acceptance of your Order and formation of a Customer Contract. All payments shall be made to ____________, either accepting payment in its own right or as Seller’s agent (where Seller is a Third-Party Vendor). You acknowledge that ____________ is entitled to collect payments from you on behalf of Third Party Vendors.
Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its agents for any failure, disruption or error in connection with your chosen payment method. _____________ reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.
Questions and complaints
If you have any questions or complaints, please contact ________ using the “Contact Us” page on the Platform. ______________ will liaise with Sellers on your questions and complaints.
Cancellation by you: You may cancel the Customer Contract before Seller dispatches the Products under such Customer Contract by written notice to __________ at ”Contact Us” page on the Platform. If the Products have already been dispatched, you may not cancel the Customer Contract.
Cancellation by Seller: Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale, Seller, or ______________acting on Seller’s behalf, may stop any Products in transit, suspend further deliveries to the Customer and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:
the Products under the Customer Contract being unavailable for any reason;
the Customer being in breach of an obligation under the Customer Contract;
Force Majeure: Neither ___________ nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms & Conditions of Sale (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond __________’s or Seller’s reasonable control.
