Terms and Conditions
WEBSITE TERMS OF SERVICE Welcome to TheFilipinoMall.com (referred throughout as the “Site”). Please review the following basic rules that govern the use of this Site. These Terms and Conditions govern your use of the Site and all its pages, content, other assets herein. Please read these terms and conditions in full before you use this Site. Using the Site implies that you accept the terms and conditions. If you disagree with any part of these Terms and Conditions, you must not use our Site. We may amend these terms and conditions at any time by publishing a new version on this website.
USE OF THIS SITE
By accepting these Terms and Conditions through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. This Site does not knowingly collect personal information about children under the age of 18 without prior parental consent. If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of a child under the age of 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
- All materials, including images, text, illustrations, designs, icons, photographs, programs and other materials that are part of this Site (collectively, the “Contents”) are owned by THE FILIPINO MALL CORPORATION or our licensors and must not be reproduced without our prior consent. Nevertheless, you may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Contents on this Site is strictly prohibited.
- You are permitted to purchase goods from this Site as a registered user (see 3. RESTRICTED ACCESS below) subject to our payment conditions (see 4. PAYMENT below). By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
- All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and Conditions.
- ACCEPTABLE USE
- You must not use our Site in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use our Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- You must not conduct any systematic or automated data collection activities (including, but not limited to, scraping, data mining, data extraction, and data harvesting) on our website without our express written consent.
- You must not use our Site to transmit or send unsolicited commercial communications.
- You must not use our Site for any purposes related to marketing without our express written consent.
- RESTRICTED ACCESS
3.1 Access to certain areas of our Site is restricted through our user registration system. We reserve the right to restrict access to other areas of our website, or our whole website, at our discretion.
- If we provide you with a user ID and password to enable you to access restricted areas of our Site or other content or services as a registered user, you must ensure that that user ID and password are kept confidential.
- We may disable your user ID and password at our sole discretion without notice or explanation.
The following are accepted methods of payment for purchases made through the Site: Payment in full via cash, payable thru banks; Gift Card, eGift Card or PayPal account; Credit Card (VISA, MASTER CARD, AMEX); Debit Card (VISA/MASTERCARD LOGOS); and Company cheques addressed to “The Filipino Mall Corporation.”
- RETURNS POLICY
5.1 Items sold in this Site are covered by a 7-day return policy. All you need to do is ship the item back to us. Return credits are issued once the item is received and cleared by our warehouse team. If you return an item, the return shipping cost (if any) will be deducted from your total refund amount. The initial delivery charge is non-refundable. A restocking fee of 20% of the purchase value or Php1,000, whichever is higher, will be charged for returned items. Please note that we reserve the right to refuse the return, replacement or refund if it has been evaluated by our Quality Control Team that the items went through abuse and/or misuse. Store credits will be issued in a form of coupon code once the return is cleared by our Quality Control Team for use on your next order.
5.2 Returns may only be approved for any of the following reasons:
- DEFECTIVE ITEMS.
- Upon delivery or arrival of the items, we strongly require customers or their representatives to carefully inspect the items for any functional damages and/or factory defects and note them on the receipt.
- We will decline reasons like:
- “I am in a hurry and was not able to fully check the items.”
- “Your crew was in a hurry and did not ask to inspect the items.”
- “I was not around or the person who received the items is not authorized when the delivery arrived, so I was not able to check.”
- If there are damages upon delivery, PLEASE DO NOT ACCEPT THE ITEM.
- ITEM IS NOT AS ADVERTISED.
- WRONG PRODUCT DELIVERED.
Note that damage incurred due to misuse of the items, and wear and tear are not covered by warranty/returns policy. Finally, change of mind regarding the purchase made does not entitle the customer to return, refund nor exchange as stated under Republic Act No. 7394 or the Consumer Act of the Philippines.
5.3. To be eligible for return, replacement or refund of item/s, the following qualifications must be met:
- Item must have the original box/packaging;
- Must be in unused condition;
- The unit must be unassembled and unmodified (for bed frames and wardrobes); and
- Must have the original receipt.
5.4. Items that cannot be returned include:
- Clearance/Sale items;
- Gift Certificates;
- Personalized, Customized Made to Order Items;
- Bedding, Pillows, Cushions, Etc.; and
- Items marked as “Non-Returnable”.
5.5 To return an item, the customer must email us and specify the order number and a brief explanation for the reason for the return. Items will be inspected by our staff for verification. The customer is responsible for the shipping back costs. No return will be accepted without our prior approval. If an order was picked up in our store, the item must be returned to our store. If an order was delivered, you may also return the item in our store. We also offer pickup services for an additional fee.
- CHANGING/CANCELLING OF ORDERS
6.1 Change or cancellation of orders will be accepted within 24 hours after the time of purchase. For store orders, changes and cancellations will only be accepted on the same date of purchase.
6.2 You can choose between a full refund via store credits or through your original payment method. Store credits are non-transferable.
6.3 Deposits or payments for made-to-order items are not allowed to be converted to store credits and are non-refundable and non-transferable.
6.4. In case of a change of order, please email us and let us know of the items you would like to change. Note that any changes made may affect the estimated delivery lead time. Also, price differences in the total, due to the changes made, will be converted to store credits.
- REDELIVERY, RESTOCKING AND STORAGE FEES
7.1 A redelivery charge, equivalent to your delivery charge, will be imposed on orders if the customer failed to receive the order after confirmation has been received.
7.2 All items are subject to a 20% restocking fee or Php1,000, whichever is greater, on all returnable items within 7 days from the delivery date.
7.3 Any discounts and freebies may be invalidated if, upon re-delivery, the order no longer qualifies for such due to change in the circumstances.
7.4 For orders not picked up at the designated pick-up point for more than 90 days, a storage fee equivalent to 10% of all the items not picked up will be imposed for every month thereafter.
7.5 For orders scheduled for delivery, in case of customers either failed to receive, refused or delayed the delivery schedule for more than 90 days, a storage fee equivalent to 10% of all the items not delivered will be imposed for every month thereafter.
- ORDER ACCEPTANCE
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is delivered (except for orders, including pre-orders, paid for with a Gift Card, eGift Card or PayPal account which are charged at the time you place your order, not when your order is delivered). Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment accounts) has been charged, we will issue a credit to your credit card (or other payment accounts) equivalent to the amount of the charge.
- PRICING AND CONTENT INFORMATION
9.1 While we strive to provide accurate pricing information, pricing or typographical errors may occur. This Site cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, we may either contact you for instructions or cancel your order and notify you of such cancellation.
9.2 This Site offers a price match with any other online retailer as long as an official quotation is provided. We strive to maintain highly competitive prices and review them regularly in order to serve you with great value, every day.
- LIMITED WARRANTIES
10.1 We take all reasonable steps to ensure that the information posted on this Site is correct. However, we do not warrant nor guarantee the correctness, completeness, and accuracy of the Contents on this Site. If you find a product is not as described, your sole remedy is to let our delivery team know right away and return it as-is. Once our delivery team leaves your premises, the item is considered sold.
10.2 Except for the product warranties offered by the third-party manufacturers, and to the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to this Site and the use of this Website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
- LIMITATIONS AND EXCLUSIONS OF LIABILITY
- Nothing in this disclaimer will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
- The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising from a contract, from tort (including negligence) and for breach of statutory duty.
- THIRD-PARTY SITES
12.1 References on this Site to any names, marks, products or services of third parties, or hypertext links to third-party sites or information are provided solely for your convenience and do not in any way constitute or imply the Site’s endorsement, sponsorship or recommendation of the third party, its information, products or services.
12.2 We are not responsible for the practices or policies of such third parties, nor the content of any third-party sites. Neither do we make any representations regarding third-party products or services, nor the content or accuracy of any material on such third-party sites. If you decide to access any such third-party sites, you do so entirely at your own risk.
Without prejudice to our other rights under these Terms and Conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
You hereby undertake to indemnify us against any losses, damages, costs, liabilities, and expenses (including, but not limited to, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of your breach of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.
- We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions, without notifying you or obtaining your consent.
- You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.
If a provision of these Terms and Conditions is determined by any court or other authority to be unlawful and/or unenforceable, the other provisions will continue to be in effect.
- EXCLUSION OF THIRD-PARTY RIGHTS
These Terms and Conditions are not intended to benefit any third party. The exercise of our and your rights in relation to these Terms and Conditions is not subject to the consent of any third party.
- ENTIRE AGREEMENT
- This disclaimer shall be governed by the laws of the Republic of the Philippines. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of the Republic of the Philippines.
This Website is owned and operated by THE FILIPINO MALL CORPORATION. Should you have any questions about these terms and conditions, please contact us by leaving a message.
MERCHANDISE CONTENT DISCLAIMER: PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT’S MANUFACTURER. PLEASE NOTE THAT ON OCCASION MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEB SITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. THE SITE ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER’S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY THE SITE.