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Last Updated: June 3, 2014
Welcome to the colombophils.com.ph website (the "Site"), operated by Colombo Merchant Philippines, Inc. (CMP Inc.), a company registered in the Philippines. These terms and conditions ("Terms and Conditions") apply to the Site.In these Terms and Conditions, "we" or "us" mean CMP Inc.; and "you" means the user and/or the customer of the Site.
You confirm your understanding of the Terms and Conditions by accessing the Site. You shall not use this website if you disagree with the Terms and Conditions of use.The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes in the Terms and Conditions will be effective when posted on the Site with no other notice provided. While we will make every reasonable effort to notify you of any changes to these Terms and Conditions, you are advised to check these Terms and Conditions periodically to update yourself on any changes and apprise yourself of the then current Terms and Conditions applicable to your membership and use of this Site. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
USE OF THE SITE
We grant you a non-transferable and revocable license to access and use the Site, subject to the Terms and Conditions herein specified, for the purpose of procuring items being sold on the Site. Commercial use or use on behalf of any third party is forbidden, except as explicitly permitted by CMP Inc. in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.Content provided on this Site is solely for informational purposes. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be in any way responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section
During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.
DATA PRIVACYThe Site's registration form requires you to provide us with your "Personal Information", such as, but not limited to, your first and last name, mailing address, e-mail address, other contact information, date of birth, gender, and personal preferences. We may use your personal information from the registration form to send you information about our company and the services we offer, and to contact you, electronically, through telemarketing or otherwise, in the future to tell you about, and to offer for sale, products or services we believe will be of interest to you. Your contact information is also used to provide you with superior customer experience and to contact you when necessary.
You understand that registration to the Site is voluntary. By registering to the Site, you declare your consent to the collection and processing of such Personal Information for the purposes stated. Furthermore, you understand that each communication we send you will contain instructions permitting you to "opt out" of receiving future communications. If at any time you wish not to receive any future communications or to have your name deleted from our mailing lists, you may follow the "unsubscribe" procedure included with our communication.
Your Personal Information may be stored by CMP Inc. on its own database, or in databases owned and maintained by CMP Inc.’s affiliates, agents or service providers. CMP Inc. retains its rights to these databases and the information contained in them.
In some instances we contract with outside parties to collect and maintain our information collection servers and to perform technology and related services. Personal Information may also be provided to third party logistics providers (such as, but not limited to, courier and delivery services) in order to perform our obligations to our customers. We seek to provide any such third parties with only the information they need to perform their specific function. CMP Inc. guarantees that proper safeguards are in place to ensure the confidentiality of your Personal Information, prevent its use for unauthorized purposes, and generally, comply with the requirements of the Philippine Data Privacy Act and other laws for processing of personal information.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
ORDER ACCEPTANCE AND PRICING
When you place an order on the Site, you are making an offer to buy Goods you have selected in accordance with the Terms and Conditions applicable at the time of placing the order. No information on this Site constitutes or should be deemed as an offer by us to supply any Products to you.
Upon receiving your order, we will send you an email to confirm receipt thereof. You may be asked to provide additional verifications or information, including but not limited to phone number and address. Once your Order has passed our internal validation process for price and availability of the Goods, we will again send you an email to confirm that we accept your order, and that a contract has been entered for the sale.
Please note that there are cases when an order cannot be processed for various reasons beyond our control. The Site reserves the right to refuse or cancel any order for any of these reasons at any given time, subject to the rights of the customer under applicable laws.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. In the unlikely event that this happens, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
COOLING PERIOD AND RIGHT OF WITHDRAWAL
You have the right to cancel your order without penalty by writing to us in the Contact Us page of the website and ensuring our receipt of the same within twenty-four hours from the time we received your order.
After delivery of the product, you can return or refund your order within 30 days for any reason without penalty. Certain products are however excluded. Unless specifically allowed, the right of withdrawal will not apply to:
You will be liable only for the decrease of value of the goods, resulting from handling the products in a way other than the methods required to determine the nature, characteristics and working conditions of the products.
If the goods are lost or damaged in transit, please let us know within ___ days from receipt of the goods, to enable CMP, Inc. to file a claim against the carriers. We will offer you the choice of a replacement or a full refund.
WARRANTIESThe specific details on available warranties and guarantees are found in the product information. In the absence of any express provision of any warranty or guarantee, the implied warranty under the New Civil Code of the Philippines against hidden defects and the rights of a consumer under Title III, Chapter III of the Consumer Act of the Philippines shall apply.
TRADEMARKS AND COPYRIGHTSAll intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Philippine copyright laws and international conventions. All rights are reserved.
CMP Inc. grants permission to electronically reproduce and print in hard copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials on this Site (including reproduction for purposes other than those noted above and modification, distribution, communication, or republication) without our prior written permission is strictly prohibited.
APPLICABLE LAW AND JURISDICTIONThese Terms and Conditions shall be governed and construed in accordance with the laws in force in Philippines at the time the breach occurred, without giving effect to any principles of conflict of law.
Subject to the Arbitration section below, each party hereby agrees to submit any disputes arising in connection with this Site, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith shall be subject to the to the jurisdiction of the courts of the Philippines and to waive any objections based upon venue.
ARBITRATIONAny controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Manila, Philippines. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in the Philippines and is independent of either party.
Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
MiscellaneousNo failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
You and CMP, Inc. are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions.
The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
TERMINATIONIn addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate access to the website and revoke any or all of your privileges granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines in operating the Site, your sole and exclusive remedy is to discontinue using the Site.