Welcome to
www.tindahangbayan.com (the “Site”), a website owned, managed by and with the domain owned by eGROCER, Inc. (the “Company”).
In using this website and availing of the Company’s products and services, you are deemed to have read and agreed to the following terms and conditions (“Terms and Conditions”):
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice: “Customer” “You” and “Your” refers to you, the person accessing this Site and accepting the Company’s terms and conditions. " Company", “Ourselves”, “Our”, “We” and "Us", refers to the Company. “Party”, “Parties”, or “Us”, refers to both the Customer and Ourselves, or either the Customer or Ourselves.
Submission of Information
We have implemented security measures to help protect against the risk of loss, misuse and alteration of any information under our control, nonetheless your attention is drawn to the fact that information transmitted via the World Wide Web is susceptible to interference, interception, hacking and monitoring, You acknowledge that you understand the risks associated herewith, and further agree that you shall bear the sole risk of transmitting or accessing any information via the World Wide Web. Notwithstanding anything to the contrary contained herein, the Company shall not be liable for losses of whatsoever nature and howsoever arising in respect of any such transmissions.
Privacy Statement
We are committed to protecting your privacy. Only authorized employees within the company use any information collected from individual customers and only on a need to know basis. We constantly review our systems and data to ensure the best possible service to our customers. At our sole discretion, we will investigate any unauthorised actions against our computer systems and data with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Confidentiality
In using this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and agree to accept responsibility for all activities that occur using your account and password. You also certify that you are at least 18 years old at the time of registration in this Site.
Any information concerning the Customer and their respective records may be passed to third parties. However, Customer records are regarded as confidential and therefore will not be divulged to any third party other than for the purpose of delivering our products and services, or if legally required to do so to the appropriate authorities. Customers are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate and at our sole discretion, we shall issue Customers with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both Parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Disclaimer Notice
The information on this Site and the Company’s products and services are provided on an "as is" basis. To the fullest extent permitted by law, the Company:
- disclaims all representations and warranties relating to this Site and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Site and/or the Company’s literature;
- disclaims all liability for damages arising out of or in connection with your use of this Site. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages; and
- disclaims all representations and warranties relating to the products and services offered in this Site including but not limited to the warranties of merchantability, title, fitness for a particular purpose and any implied warranties relating to the sale and delivery of Our products and services.
Limitation of Liability
IN NO CASE SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THESE TERMS AND CONDITIONS OR AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION OF LIABILITY CANNOT BE WAIVED OR AMENDED BY ANY CUSTOMER AND THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF YOU HAVE ADVISED THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OR PARTNER OF THE COMPANY OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Ordering Policy
We accommodate orders on an “Order Today, Delivery Tomorrow” basis. All orders placed and fully paid on or before order cut-off time (11:00 AM, Manila time) between Monday to Friday will be processed and delivered the next day. Items ordered and paid after the cut-off time will be processed the next working day and delivered the day thereafter. Processing and delivery of all orders received on Saturdays, Sundays and Philippine non-working holidays will be attended to the next working day.
Pricing Policy
The posted price of our products is based on the Company’s regular pricing. The prices of products in your shopping cart reflect the current prices as displayed on the items’ product details. Prices are regularly updated to reflect movements in the market and for us to remain competitive. As such, prices on the product detail page and in your cart may change without prior notice to reflect the price updates. Placing items in your shopping cart does not lock-in the prices. Prices become final only upon payment and check-out of your orders. Discounts may be offered on a limited-time basis and will be posted on the Site.
Payment
Major Credit/Debit Cards through PayPal, bank transfer, mobile commerce (Globe G-Cash) and fund remittances through Western Union or any other authorized remittance company as indicated in the Site are all acceptable methods of payment. We require payment in full upon order placement. All goods remain the property of the Company until paid for in full. Delivery of goods will not be processed until the order is fully paid.
Delivery Policy
For a minimum purchase order of Php1,500.00 or US$35, we provide door-to-door delivery within Davao City . The amount you will be charged for shipping depends on the Delivery Zone of your order. For Delivery Zone details, please refer to the Shipping Rates link at the Help Center .
You have the option to specify a recipient for all your ordered goods or allow delivery to anyone in the address You indicate in your order. Prior to attempting any delivery, we may at our discretion try to establish contact with the intended recipient or anyone in the address indicated, if You have provided a contact number for the recipient or delivery address. Thereafter, we will proceed to deliver your order in accordance with the procedure outlined in the succeeding paragraphs.
We undertake to deliver up to a maximum of three (3) attempts. If during the first attempt, (i) your chosen recipient is not at the address indicated, (ii) there is no person who will accept delivery (in cases where no specific recipient is indicated for delivery), or (iii) the delivery address is inaccurate or does not exist, we will attempt to deliver your order within the same day. If the second delivery attempt is still successful due to any of the foregoing reasons, our Customer Care Representative will notify You of the unsuccessful attempts to deliver your order and request You to verify correctness of the name of the intended recipient and/or the intended delivery address You previously provided. We expect to get a reply from You within 24 hours (if Your order consists of or includes perishable goods) or 48 hours (if Your order consists of non-perishable goods) from the time of our Customer Representative\'s notification after the second unsuccessful delivery attempt, failing which We will cancel your order and the rules on cancellation provided in the next succeeding paragraph will govern. If We get a reply from You within the periods indicated, We will schedule the third delivery attempt the next succeeding day. If You notify us of Your intent to cancel Your order after the second failed delivery attempt, we will cancel your order and the rules on cancellation provided in the next succeeding paragraph will govern.
Should the third delivery attempt be unsuccessful, due to any of the causes stated in the immediately preceding paragraph, we will automatically and immediately cancel Your order and process the corresponding refund. For non-perishable goods, the refund amount shall be 75% of the order price of such goods. There will be NO refund for perishable goods. Our Customer Care representative will inform you of the cancellation of your order and the processing of your refund.
If we are unable to deliver to your selected destination due to force majeure, accessibility of destination or safety concerns, our Customer Care representative will immediately contact You. You will not be charged for the undelivered order/s and we will refund You the order price.
THE APPLICABLE DELIVERY RATE WILL BE CHARGED FOR EACH DELIVERY ATTEMPT. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, YOU HEREBY WAIVE ANY CLAIM OF WHATEVER KIND AGAINST US , SUCH AS BUT NOT LIMITED TO DAMAGES (DIRECT OR INDIRECT) OR INJURY, FOR FAILURE TO DELIVER YOUR ORDER.
Returns Policy
It is our policy to ensure that every product will be delivered to its destination in good condition. During delivery, our Delivery Personnel will go through your order to ensure that all goods are accounted for and received in good condition. If in case of a Product Defect (i.e. erroneous item delivered, or damaged or defective product) in Your order, You or Your recipient are advised to either note this down in the delivery receipt upon receiving the goods or advise Us by sending an email to customercare@tindahangbayan.com or calling us at 0927-xxx-xxxx within three (3) days from the date of delivery of Your order, otherwise You will be deemed to have accepted the delivered products free from Product Defect. We require returned products to be in its original packaging otherwise we will not be able to issue a replacement or refund for the item. We will replace the product/s you ordered and have it delivered the next day or refund the purchase price at our sole discretion and subject to our validation that the delivered item suffers from a Product Defect. Our Customer Service Representative will notify You of Our decision to replace the product or refund the purchase price within three (3) days from the time you inform us of the Product Defect.
Cancellation Policy
You have an option to cancel an order prior to cut-off (11:00 AM, Manila time) or within the 2-hour cancellation period (11:00 AM – 1:00 PM, Manila time). The 2-hour cancellation window immediately follows the order cut-off time of 11:00 AM , Manila time every day. Notifications will be accepted through the Cancellation page in the Site subject to Our confirmation. We reserve the right to charge a cancellation fee of Php150.00 for paid orders to cover subsequent administrative expenses. There will be no cancellation fees for unpaid orders. Cancellation is NOT allowed beyond the 2-hour cancellation window.
Refunds Policy
Pursuant to the refund provisions stated under our Delivery Policy and Returns Policy, You will receive the refund of the purchase price via your selected mode of payment for the ordered goods :
i. within fourteen (14) days from the date Your order is cancelled pursuant to our Delivery Policy or from the date our Customer Service Representative contacts you in case of failure to deliver due to force majeure, inaccessibility of destination or safety concerns, or
ii. within fourteen (14) days from the date our Customer Service Representative notifies You of our decision to refund the order price pursuant to our Returns Policy.
In case We deliver Your order beyond the periods stated in these Terms and Conditions (taking into account any case of unsuccessful delivery), the Company will refund the corresponding delivery charge for that late delivery.
Availability and Indemnification
Unless otherwise stated, the products and services featured on this website are available only within Davao City. All advertising is intended solely for the Davao City market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this Site. Redistribution or republication of any part of this Site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the operation of this Site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this Site you thereby agree to indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Log Files
We use IP addresses to analyse trends, administer the Site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies
Like most interactive web sites this Site [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
Links to this Site
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to Your use of this website by linking to it.
Links from this Site
We do not monitor or review the content of other party’s websites which are linked to from this Site. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. The Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright Notice
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this Site.
Communication
For queries, you can find contact information on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
The Company is incorporated and registered in the Philippines with office address at 319 6th-A Street, Ecoland Phase 1, Matina, Davao City, Davao del Sur.
Force Majeure
Neither Party shall be liable to the other for any failure to perform any obligation under these Terms and Conditions which is due to an event beyond the control of such party including but not limited to any Acts of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which could not have been reasonably foreseen by the concerned Party.
Waiver
Failure of either Party to insist upon strict performance of any provision of these Terms and Conditions or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under these Terms and Conditions. No waiver of any of the provisions of these Terms and Conditions shall be effective unless it is expressly made in writing.
Governing Law
The laws of the Republic of the Philippines govern these Terms and Conditions. By accessing this Site and availing of our products and services, you consent to these Terms and Conditions and to the exclusive jurisdiction of the Philippine courts (to the exclusion of all other courts) in all disputes arising out of these Terms and Conditions or the delivery of Our products and services. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit without prior notice and Your continued use of this Site will signify your acceptance of any adjustment to these Terms and Conditions. If there are any changes to our Privacy Policy, we will announce that these changes have been made on our home page and on other key pages of our Site. If there are any changes to how we use our Customers’ personal information, notice will be posted in this Site. You are therefore advised to re-read these Terms and Conditions on a regular basis
These Terms and Conditions govern Your use of this Site and the delivery of Our products and Services. Your accessing of this Site and/or availment of products and services indicates your understanding, agreement to and acceptance, of the the full Terms and Conditions contained herein.
If you do not accept and cannot agree to the Terms and Conditions stated herein, you are not authorized to use the Site or any of the Company’s stated products and services.
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