These Customer Terms and Conditions set out the terms and conditions relating to the use of the website at posdigital.com.ph and the contract between us for the sale of products via the area on the Site where we sell products.
In order to use the Site, including the Online Store, you must first agree to these Terms. You must not use the Site and may not accept these Terms if you are not of legal age to form a binding contract with us.
Please read these Terms carefully and understand them, before ordering any products through our Site. You should understand that by ordering any of our Products, you accept these Terms.
We reserve the right to amend these Terms from time to time. Whenever you wish to use the Site, please check if these Terms have been updated. These Terms were most recently updated on 7th October 2020.
- About us
- We operate the POS Digital Online Store through its website in accordance with these Terms.
- Any images of the Products that we put on our Site are for illustration purposes only and actual Products available for purchase in the Philippines may differ from that which is shown. We use reasonable endeavors to make sure the colors, sizes and details are displayed accurately but errors may occur. In addition, we cannot guarantee that the way in which your computer displays these colors or details accurately reflects the Products made available by us. The Products you receive may therefore vary slightly from those advertised.
- Any packaging that we use to provide the Products to you may vary.
- Order for Products
- Our order process will permit you to check the Products you have ordered and amend any errors before submitting the order. Please ensure that you read through your order before submitting it.
- Your order constitutes an offer by you to buy our Products on these Terms. You are deemed to have placed an order with us by ordering via our online checkout process. We are only deemed to have accepted your offer (and form the contract of sale) when we send you an email confirming your order. These Terms constitute the entire Contract between us for the supply of Products.
- We may refuse to accept your order or change your order:
- where the Product is not available;
- where we cannot obtain authorization for your payment;
- if there has been a pricing or Product description error (see clause 3.6 below); or
- if you do not meet the eligibility criteria set out in clause 5 below.
- The Contract will only be formed when we send you an email that contains the Order Confirmation.
- The Contract will relate only to those Products we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.
- All our Products are subject to availability. If, for any reason, any or all of the Products you have ordered are or become unavailable or there has been an error in the price on our Site, we will make reasonable efforts to notify you of this as soon as possible after becoming aware of it. In such cases, if you have already paid for the Products we will either notify you when the Products will be delivered or refund you the amount paid as soon as reasonably possible.
- Service Availability
- We are servicing selected branches (where your ordered product(s) are available or may be picked-up). We are currently accepting orders from Philippines, More specifically, within Bacolod City, Talisay, Silay, Bago, and Murcia(see clause 7 below).
- Your Status
- By placing an order through our Site, you warrant that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old;
- any information you provide to us is complete and accurate;
- you are a Philippine resident;
- you are purchasing Products in your individual capacity for personal and Philippine domestic, non-commercial use.
- By placing an order through our Site, you warrant that:
- Our Status
- We may also provide links on our Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our Site, or from companies to whose website we have provided a link on our website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.
- You acknowledge that we are not responsible for the availability of, and does not endorse the content of, links to external third-party websites. This DISCLAIMER does not affect your statutory rights against the third party seller.
- You acknowledge that we are not liable for any loss or damage that you may suffer as a result of your access to any external links, including as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such external links.
- Delivery Location
- The delivery address must be located within Negros Occidental, Philippines. More specifically, within Bacolod City, Talisay, Silay, Bago and Murcia.
- Delivery Method
- Orders may require 1-2 BUSINESS DAYS for your order to process.
- Your order(s) will be shipped once processed and confirmed by our system.
- The delivery of your ordered products will take place between Monday to Saturday within normal business hours (except some public holidays). Delivery Time: 8:30 AM – 4:30 PM.
- Our carrier will contact you via phone call/SMS upon delivery.
- If you have any questions or need further information, please contact us.
- Risk and Title
- Ownership of the Products will only pass to you on the later of either delivery or when we receive full payment of all sums due in respect of the Products, including delivery charges (if applicable).
- Price and Payment
- The price of the Products will be as quoted on our Site, except in cases of obvious error.
- Product prices and delivery charges(if applicable) may change at any time.
- Payment for all Products must be made using any payment methods available onsite upon “checkout” within the Site.
- Errors and Omissions
- 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 so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it. If the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
○ You can only cancel if your order hasn’t been processed yet. You can cancel your order by contacting us.
- Return and Refund
1. You can only return your product if it is defective.
2. “A change of mind” is not entitled to return and refund. (RA 7394)
3. You can return within 24 hours after receiving the product.
4. To return, please present Receipt. Subject to provision on Consumer Protection and Product Warranty.
5. Mishandling, Miss use, Alteration including removal and tampering of warranty seal of the unit will void the Product Warranty.
6. It’s important to return your product in its original condition and make sure it’s undamaged. (see clause 13.7 below)
7. Unit with factory defect purchased with-in 24 hours can be refunded provided:
A. Box in good condition
B. Complete Accessories
C. Free from scratches, dents and markings
8. As soon as we’ve processed your return, we’ll refund you.
- Replace or Exchange (Warranty Certificate)
1. To replace / exchange, please present Receipt. Subject to provision on Consumer Protection and Product Warranty.
2. “A change of mind” is not entitled to refund or exchange. (RA 7394)
3. Mishandling, Miss use, Alteration including removal and tampering of warranty seal of the unit will void the Product Warranty.
4. Bonus: Unit with factory defect purchased with-in 3 days can be replaced with a fresh unit provided:
A. Box in good condition
B. Complete Accessories
C. Free from scratches, dents and markings
D. 5 Working days processing time allotment
- Exclusion of Warranties
- You may have rights which cannot be excluded, restricted or modified. The exclusions of warranties, apply subject to any rights you may have under such laws.
- You expressly understand and agree that your access to and use of the Site is at your sole risk and that the Site is provided on an “as is” and “as available” basis. In particular, we do not warrant to you that:
- your access to and use of the Site, including for the purpose of purchasing Products through the Online Store, will meet your requirements (and you expressly acknowledge that you have relied on your own experience, skill and judgment to evaluate the Site and Products and that you are satisfied as to the suitability of the Site and Products to meet your requirements); or
- your access to and use of the Site will be uninterrupted, error free, timely or secure
- Without limiting the foregoing, and to the extent permitted by law, all express and implied representations, conditions, warranties, guarantees or other provisions that are not contained in these Terms are excluded, including any representations, conditions, warranties or guarantees as to acceptable quality, fitness for purpose or timeliness.
- Our Liability to You
- We will be liable for a failure to comply with these Terms where the breach is one that is committed by us and arises from our negligence following the formation of a Contract.
- Subject to our obligations under the Non-Excludable Terms, nothing in these Terms shall render us liable to indemnify you in respect of any liability of any kind incurred by you to any other person but this is not an exclusion of any liability that may arise by virtue of a breach by us of these Terms or any negligence on our part or that of our employees or agents.
- Subject to our obligations under the Non-Excludable Terms, we will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable by both you and us when you commenced using the Site or Online Store or when a Contract was formed.
- Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the obligations implied by law, or any other matter in respect of which it would be illegal for us to exclude, or attempt to exclude, our liability.
- We will not be liable for losses that result from your failure to comply with these Terms.
- Use of Any Personal Information and Data You Provide to Us
- Availability and Content
- Access to the Site, including the Online Store, is permitted on a temporary basis, and we reserve the right to withdraw or amend the Site without notice. We shall not be liable if, for any reason, the Site is unavailable at any time or for any period.
- You must treat any user name, password or any other piece of information provided as part of our security procedures as confidential and not disclose it to any third party. We reserve the right to disable any user name or password, whether chosen by you or allocated by us, at any time, if (in our opinion) you fail to comply with these Terms.
- You are responsible for making all the arrangements necessary to have access to the Site and the Online Store. You are also responsible for ensuring that persons who access the Site and Online Store through your internet connection are aware of these Terms and comply with them. Please notify us as soon as possible in writing if you become aware that activities on your account are unauthorized or you have become aware that your account details have been compromised.
- While we will make reasonable efforts to ensure that the information on the Site, including on the Online Store, is correct, the material displayed on it is provided without any guarantees, conditions or warranties as to its accuracy, including, but not limited to, information about the Products and prices described on it.
- We reserve the right to suspend, modify or amend the Site, including the Online Store and/or the Products offered, at any time.
- Viruses, Hacking and Other Offences
- You must not misuse the Online Store by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or harmful.
- You must not attempt unauthorized access to the Online Store or the Site, the server on which the Online Store or Site is stored or any server, computer or database connected to the Online Store, or attack the Online Store or Site via a denial of service attack, distributed denial of service attack or other similar means.
- You must not try to apply exploits and abuse vulnerabilities that you may find on the site. Wittingly or otherwise, you must not circumvent defined purchase logic to be able to manipulate your order.
- Doing any or all of the above described activities will result in one or all of the following:
- We will nullify your order and cancel all related activities to your order
- Your account will be blacklisted
- We will seek legal action against you.
- We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Online Store or our Site or downloading any material posted on it or any website linked to it.
- Transfer of Rights and Obligations
- The Contract is binding on us and on our respective successors and assignee. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- Events outside our Control
- We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under a Contract that is caused by an “Event Outside Our Control”, such as any act or event beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, supplier or sub-contractor failure, subsidence, epidemic or other natural disaster or failure of public or private telecommunications network or impossibility of the use of public or private transport. If the Event Outside Our Control occurs that affects the performance of our obligations under a Contract, we will notify you as soon as possible and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We reserve the right to defer the date of delivery of the Products or to cancel the delivery of the Products in the case of any Event Outside Our Control or which is beyond our reasonable control and which prevents or hinders the delivery of the Products.
- If any court or competent authority decides that any of the provisions in these Terms or any provisions of the Contract is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
- Our Right to Vary These Terms
- We have the right to revise and amend these Terms from time to time by posting them on the Site. Amendments are usually made to reflect changes in law, the ways in which we accept payments from you and to accommodate changes to the way Products are supplied, however, these Terms may also be amended for any other reason and in our sole discretion.
- You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to these Terms.