A. These General Terms and Conditions (hereinafter referred to as the “General Conditions”) is exclusively applicable between (Cosmotech) (hereinafter referred to as “Tekiefy”), and any person buying on Tekiefy’s website/application (the “ Platform”), (hereinafter referred to as the “ Customer”.
B. These General Conditions govern and apply to anyone accessing or using the Platform.
C. By accessing the Platform or buying any Product:
(i) The Customer warrants that he/she is over 18 years of age and has the legal capacity to abide and be bonded by these General Conditions;
(ii) The Customer agrees to these General Conditions and be bound to comply with all applicable laws, policies in relation to the Customers access and use of the platform.
D. These General Conditions are subjected to amendments and modifications at any given point in time depending on the needs to update by the Tekiefy management. Customer is bonded by the General Terms and Conditions on the day the order was placed on the Platform.
The Customer represents during the access and use of the services available in the Platform;
- Customer is already within the legal age of 18 years old and above.
- All information provided in the Platform with regards to the Customer access and use of the Platform, Identity, purchase and payment are accurate, true and upadated.
- How to purchase on the Platform?
- Customer is required to create an account on the Platform prior to any access and use of any services.
- (Steps on placing order)
- Select item, check specifications and specify quantity.
- Click add to truck.
- Decide to add more items or proceed to check out
- Customers has an option to request for a Quotation.
- (Steps on Delivery Method)
- Input shipping address
- Customers may receive the items within the specified number of days stated on the order.
- (Steps on Payment method)
- Select available payment method
- If bank deposit is chosen, email bank transaction slip to email@example.com and wait for verification.
- (Steps on Confirming Order)
- Customer will receive confirmation e-mail once payment is verified.
The Confirmation e-mail means that Tekiefy has accepted and have started processing the Purchase, which will then form the sales contract between Tekiefy and the Customer. Tekiefy reserves the right to cancel the order prior to acceptance for any reason whatsoever, including but not limited to Tekiefy having justifiable grounds to believe that the conditions to purchase as discussed above are not fulfilled, product unavailability and/or limited inventory against the quantity ordered. In the event that Tekiefy cancels the order prior it was accepted, Tekiefy will refund the payment based on the original amount inclusive of delivery charges (if applicable).
As soon as your Purchase is ready for dispatching, Customer will receive an email confirming that the Purchase has been shipped to the place of delivery given by the Customer.
- All prices displayed in the Platform is in Philippine Pesos (Php) and are inclusive of Value Added Tax (VAT).
- All prices displayed in the Platform are exclusive of the delivery fee, as such delivery fee shall vary depending on the following parameters:
- Purchase Amount
- Delivery Address
- Delivery Method Chosen
- Quantity and Size of the item
All additional charges for the delivery will be included in the summary of purchase in the check out page prior to the confirmation by the Customer.
- The prices of the Product may change at any time without prior notice, Customers purchase price will always be based on the price displayed during the Customer Purchase confirmation.
- Mode of Payment
- Customer shall pay the product in full upon submitting the order. Payment for the Purchase may be made by;
- Bank Deposit
- And any other payment option available during the time of Purchase
- Customer undertakes that the account used for payment in the Platform has sufficient funds facility that can cover the cost of the Purchase. Tekiefy reserves the right to refuse/ reject a Purchase in an event of an ongoing payment dispute.
- Once Tekiefy has received cleared funds in full in relation to the Purchase, Customer will receive an e-mail notification from Tekiefy confirming the payment.
- Delivery Limitation
Tekiefy is intended for use by Customers who resides in the Philippines only.
- The Products shall be packaged in accordance with Tekiefy’s standard packing procedures. Tekiefy reserves the right to accommodate any specific packing instructions and in such cases, any additional charges which may apply shall be paid by the Customer before the Products are dispatched.
- C. The delivery lead time given on the Platform and email confirmation starts on the date on which the products ordered are shipped out from the Tekiefy warehouses. Tekiefy may contact you for any changes on the delivery lead time. Tekiefy shall in no circumstances be liable to the Customer for any losses, liabilities, damage or expenses arising out of late deliveries.
- Tekiefy shall only deliver the products to the address given by the Customer indicated in the specific order. On the product delivery, the customer shall sign the delivery documents, the appointed courier may contact the Customer to give instructions on the delivery.
- Customer Delivery Acceptance
Tekiefy encourage Customers to check the condition of the products upon acceptance of the delivery.
Customer is strongly advised to open the package in the presence of the delivery personnel to check if the item is damaged during the transport.
- The pictures on the Platform are for illustration reference only, although Tekiefy has exert efforts to display the actual appearance and colors accurately, Tekiefy shall not guarantee that the Customer PC or Mobile Gadgets color display reflects the actual color of the product. Purchased products may vary from the pictures shown in the Platform
- Tekiefy ensures to exert effort to assure that;
- All information referring to the products are correct
- The Platform is being updated on a regular basis.
- Any found errors are being rectified.
Tekiefy reserves the right to make changes on the Platform at any given time including but not limited to Product Line Up, Prices, Specifications, Descriptions, Promos, Services, Product availability, etc.
- Product Inavailability
If the Customer placed an order for multiple products and one of which is found un-available, Tekiefy Customer Service shall communicate with the Customer to inform about the situation accordingly.
– The rest of the ordered products will be processed and be delivered within the time indicated in the Platform during the placement of the order.
– Tekiefy Customer Service may also offer to replace the unavailable product of similar or with higher specifications with the Customer prior agreement.
V. RETURN POLICY
- Products purchased with Tekiefy can be returned subject to the following conditions:
– Products are found to be defective upon receipt of the Customer.
– Products must be returned and received by Tekiefy within seven (7) days from the date of receipt of purchase,
– Products must be unused, unassembled and with labels and packaging intact.
– All returns/exchanges must include any accessories, documentation, etc., that was originally shipped with the product.
– The following items cannot be returned :
- products with expirations like Batteries, etc.
- Limited piece, promotion, on sale items
- Customer is responsible for return shipping charges that are not related to a defective product or product that was damaged during initial shipping to the customer.
- Returns/exchanges may take a minimum of two (2) weeks to process depending on the availability of the items, not including shipping times.
- The returned products shall be inspected once received in the Tekiefy receiving facility, if the product does not meet the conditions stated above; Tekiefy shall send the product to the Customer at their expense and shall refuse to provide replacement.
- Please contact us at firstname.lastname@example.org prior to sending any returns/exchanges back to us.
- In the event that Product is returned because of wrong Product was delivered to the Customer or a Product has been mis-described on the Platform and provided that the Product is returned with reasonable care having been taken, Tekiefy will offer you a refund based on your original mode of payment for the Order of the Product, inclusive of delivery charges (if applicable) and any reasonable costs incurred by you in returning the Product to Tekiefy.
VI. REFUND POLICY
- Please contact us at email@example.com for all refund request, approval and rejection of your refund request shall also be sent via this email.
- All Refund request from the Customer placed through the Platform shall be returned only through the same payment method used to pay.
VII. PRODUCT WARRANTY
A. Most of the Products offered for sale on the Platform are covered by a sales warranty for the period stipulated on the page of the Product.
B. During the warranty period, the Customer has the right to return any defective product, in order to obtain repair of the defective product, depending of the nature of the defect.
C. The sales warranty described in Clauses VI-A and VI-B does not apply to any defect in the Products arising from:
– wear and tear or natural deterioration,
– mis- use, inappropriate storage, lack of proper maintenance, wilful damage, accident, negligence by the Customer or by any third party;
– failure to install, operate or use the Products in accordance with the user instructions, specifications or conditions made available to the Customer;
– any alteration or repair by the Customer or a third party who is not appointed by the manufacturer as an authorize repair centre.
- If a Product is returned to Tekiefy without a valid reason or due to a defect arising from any one of the circumstances described in Clause VI-C above, Tekiefy reserves the right to refuse the Customer’s request.
VIII. ACCESS AND USE OF PLATFORM
- Access to the Platform
Tekiefy shall not in any way be liable if for any reason the Platform or any content on it becomes unavailable or interrupted. Tekiefy reserves the right to suspend, withdraw, discontinue or change all or any part of the Platform without notice.
- Use of The Platform
i. Unless otherwise specified, the Platform is solely for the Customer personal use and the Customer agrees that they are only authorised to visit, view and retain a copy of any information or services obtained from the Platform for informational use. The Customers undertakes and agrees that they are strictly prohibited from duplicating, adapting, modifying, commercially distributing, publishing, licensing or selling any information, material or services obtained from the Platform.
ii. Customer may not use the Platform:
(a) In any way that breaches any existing Philippine Government Law, regulation or rule;
(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(d) To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- Customer Account and Password
i. Customer must complete the registration process by providing Tekiefy with current, complete and accurate information. Customer is responsible for exclusive use of the account and for keeping the user name and password confidential.
ii. Customer agrees to immediately notify Tekiefy for any suspect of unauthorised use of the account or any other breach of security.
- Platform Content
i. All information, text, descriptions, data, graphics, images, logos, illustrations, designs, icons, video clips, audio clips, sounds, files, specifications, advertisements, titles, names, intellectual property rights and any other information provided on the Platform (hereinafter referred to as the “ Content”) are owned by Tekiefy or its associated companies.
ii. Tekiefy makes no representations, warranties or guarantees, whether express or implied, that the Content on the Platform is accurate, complete or up-to-date. Tekiefy reserves the right, in its sole discretion, to amend, modify, update, change or otherwise alter the Content at any time without providing any prior notice.
- Intellectual Property Rights
i. Tekiefy and/or its associated companies are the owner(s) or the licensee(s) of all intellectual property rights in the Platform. Such intellectual property rights shall include but are not limited to copyrights, trademarks, industrial design rights, patents, know-how, privileged or similar information, whether registered or not, as well as all other rights related to Tekiefy or its associated companies’ trademarks, Products or business activities.
ii. . Except as expressly permitted by Tekiefy, you may not use, reproduce, copy, modify, publish, transmit, distribute, display, download, license, transfer or sell any Content.
- User-Generated Content
i. Tekiefy does not claim ownership of the content the Customer provides (including Product Reviews, ratings, suggestions, pictures) or post, upload or submit to the Platform for review by the general public, or by the members of any public or private community (collectively, “ User-Generated Content”).
ii. Any User-Generated Content posted, uploaded or submitted on the Platform shall be considered non-confidential and non-proprietary and Tekiefy will be permitted to use, copy, distribute, reproduce, publish, sublicense and otherwise disclose to third parties such User-Generated Content for any purpose without providing any notice.
iii. Customer agrees that they shall not post, upload or submit to the Platform, any User-Generated Content that:
(a) is in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(b) promotes violence or any illegal activity or is likely to deceive any person;
(c) contains viruses, trojans, worms or other material which is malicious or harmful;
(d) infringes any third party intellectual property rights;
(e) is unlawful, harmful, threatening, abusive, vulgar, obscene, defamatory, pornographic, indecent, hateful, offensive, or racially, ethnically or otherwise objectionable;
(f) is misleading to others;
(g) is not related to appropriate subject matters;
(h) advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
(i) intentionally or unintentionally breaches any applicable local state, national or international law, regulations or rules.
iv. Tekiefy shall determine, in its own discretion, whether there has been a breach of this Clause through the Customer use of the Platform and reserves the right to take any action as Tekiefy deems appropriate, including but not limited to the following actions:
(a) issue of a warning to Customer;
(b) legal action against Customer for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs)
(c) immediate, temporary or permanent removal of any User-Generated Content from the Platform at any time and for any reason and/or customer right to use the Platform;
Customer shall keep Tekiefy fully indemnified against all actions, claims, demands, proceedings, liabilities, losses (whether direct, indirect or consequential), costs (including legal costs on a full indemnity basis) and expenses of every kind suffered or incurred by Tekiefy, its officers, employees, representatives, manufacturers, distributors, arising out of or in connection with any claim made by any third party due to or arising out of any Content posted by the Customer on the Platform;
I. FORCE MAJEURE
- . A “Force Majeure” is any cause which is not reasonably foreseeable and is beyond the reasonable control and not due to the fault or negligence of the Party affected (including its subcontractors, if any) and which could not have been avoided by due diligence and the use of reasonable efforts. A Force Majeure Event includes, without limitation, Acts of God, drought, flood, earthquakes, storm, fire, lightning, epidemic, war, riot, civil disturbance, sabotage, explosions, strikes, or labour disputes (excluding any strikes, labour disputes or other labour difficulties in which the employees of the affected Party (or its subcontractors, if any), are involved) and changes in law. A Force Majeure Event includes the failure of a subcontractor to furnish labour, services, materials or equipment in accordance with its contractual obligations only if such failure is itself due to a Force Majeure Event.
ii. Tekiefy shall not be liable for failure or delay in performing any of its obligations under these General Conditions to the extent that the failure or delay is due to a Force Majeure:
J. GOVERNING LAW
These General Conditions shall be governed by and construed in accordance with the law of the Republic of the Philippines. In the absence of amicable solution, any dispute shall be submitted to the exclusive jurisdiction of the competent court in Makati City.
As of November 6, 2019