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Please note that before placing an order or making a payment you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site or make any payments related thereto.
You should view, read and print a copy of these Terms or save them to your computer for future reference. We may amend these Terms from time to time as set out below. Every time you wish to order Products or use our site, please check these Terms to ensure you understand the terms which will apply at that time.
If there is any discrepancy between the terms of this document in any other language and the English translated version of this document, the terms of the English version shall prevail.
1. INFORMATION ABOUT US
1. These General Terms and Conditions of Sale (hereinafter referred to as the “General Conditions”) apply exclusively between SBZ inc.., a company incorporated pursuant to the laws of Philippines, under SEC Registration number: 2021110031301-02 Lower Ground Floor Expansion Wing Festival Supermall Corporate Avenue, Alabang, Muntinlupa City (hereinafter referred to as “Birdeez” or “we”), and any person placing an order on www.birdeez.com (the “ Website”), (hereinafter referred to as the “ Customer” or “ you” and collectively with SBZ, the “ Parties”).
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 By placing an order with us through our site, you acknowledge that your transaction will be with us and not with the respective retailer. You further acknowledge that upon successful verification by us of the authenticity and sufficiency of the information you provide, we will then purchase the merchandise from the respective retailer for the sole purpose of immediately reselling it to you for the amounts presented and agreed-upon when you submitted your order. We will be responsible for fulfilling the order to you.
2.2 Our site will guide you through the steps you need to take to place an order and make a payment with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
2.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. The Contract between us will only be formed when you receive your order confirmation email.
2.4 We will send you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”).
2.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site or the respective retailer’s site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible and will incur no further liability to you.
2.6 You acknowledge that we shall be permitted to verify the authenticity and sufficiency of the information you provide, and if we are unable to verify the information automatically, our representatives may contact you and/or your debit or credit card issuing bank to confirm your identity and/or your intent to place the order.
2.7 Please note that any Products made available through our site are intended for non-commercial use, and purchase of any Products for resale purposes is strictly prohibited.
2.8 By placing an order or making a payment through our site, you warrant that you are legally capable of entering into binding contracts. Your credit/debit card or other payment method will be billed by us and charges on your statement will be accompanied by the description “Birdeez”, “SBZ”, or similar. You warrant that all the information provided to us for the purpose of processing payments is correct and you are authorized to utilize the proffered payment method. You acknowledge that we will be entitled to verify the authenticity and sufficiency of the payment information you provide.
2.9 You acknowledge and agree that we shall conduct pre-payment screening on you and the information you have provided. These checks are designed to prevent Birdeez from conducting business with a sanctioned individual, entity or country in violation of any applicable laws and regulatory requirements in the territories we operate.
3. TERMS OF USE OF OUR SITE
3.1 Please read these Terms of Use carefully before you start to use this website. By using our site, you indicate that you accept these Terms of Use and that you accept and agree to abide by them. If you do not agree to the Terms of Use, please immediately cease all usage of this site.
3.2 We do not guarantee that our site or any content on it will always be available or be uninterrupted. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw, discontinue or change all or any part of the site without notice. We will not be liable to you if for any reason all or any of our sites are unavailable at any time or for any period.
3.3 You are responsible for making all the necessary arrangements for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms, and that they comply with them.
3.4 We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
3.5 We may update our site from time to time and may change the content at any time.
3.6 Access to certain areas of our site is restricted. We reserve the right to restrict access to other areas of our site, or indeed the whole site, at our discretion.
3.7 The use of our sites by a minor (an individual under 18 years of age) is subject to the consent of their parent or guardian and our contract is with the parent or guardian, who is responsible for the minor’s compliance. We advise parents or guardians who permit minors to use the site that it is important that they communicate with minors about their safety online, as moderation or vetting of advertisements is not guaranteed or fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.
3.8 You must not use our site in any way that causes, or may cause, damage to the site or impairment of the availability or accessibility of the site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity including but not limited to using our site to copy, store, host, transmit, send, use, publish or distribute any material; gaining unauthorized access to our site; collecting data from our site; sending unsolicited commercial communications via our site; and/or without limitation performing any act that is inconsistent with the purpose of this site: to take in and fulfil consumer orders.
3.9 Where necessary we will report any breach of these Terms to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity and/or your personal information to them. In the event of such a breach, your right to use our site will cease immediately.
3.10 We reserve all rights, title and interests in our and our affiliates’ intellectual property rights including without limitation, any patents, trademarks, service marks, copyright, database rights, design rights, know-how, confidential information and any other similar protected rights in any country.
4. OUR PRICES
4.1. Product prices are displayed in the Website in Philippine Pesos (PHP). The amount of the price is inclusive of the Value Added Tax (“VAT”).
4.2. Prices of Products displayed on the Website exclude delivery costs which may be added to the amount of your Order; as such delivery costs may vary, depending on the amount of your Order, the delivery destination and the delivery method chosen. Any additional charges for delivery will be included in the summary of your Order shown on-screen at the check-out page, before the Order is finally confirmed by the Customer.
4.3. Product prices are subject to change at any time and without notice, but you will always be charged the price which is displayed on the Website at the time you confirm your Order. If Birdeez has retail store(s) in your country/region, Product selection, prices and/or promotions offered on the Website may vary at any time from what is available or offered in the retail locations
5. WHAT YOU AUTHORISE US TO DO
5.1 By using our site, you authorize us to process payments, refunds and adjustments for your transactions, remit funds to your bank account where applicable, charge your credit card or debit the account linked to your debit card, as applicable, and pay us and our affiliates any amounts you owe in accordance with these Terms.
5.2 We may at any time require you to provide any financial, business or personal information we request to verify your identity. You will not impersonate any person or use a name which you are not legally authorized to use. You authorize us to verify your information (including any updated information) and to obtain an initial credit authorization from your credit card issuer.
6. SHIPPING AND DELIVERY
6.1 Your Dispatch Confirmation will contain delivery information which will allow you to track the delivery of your Products (where such service is made available). Occasionally our delivery to you may be affected by an Event Outside Our Control. See section 9 for our responsibilities when this happens.
6.2 If no one is available at your address to take delivery, the carrier may leave a delivery attempt notice to advise that the merchandise has been returned to their local depot. If this occurs, please contact the carrier at the number listed on the delivery attempt notice. If you have further issues, please contact us.
6.3 Delivery of an order shall be completed when we deliver the Products to the address you gave us, or you collesct such Products from us.
6.4 Occasionally, part of an order may be out of stock or backordered by the respective retailer. We are not responsible for delays in your order due to backorder situations or delays caused by the retailer, and shipments of your Products will only be made after the Products have arrived at our depot.
6.5 Products are shipped to you based on the information which you provide to us and you are responsible for the accuracy of such information. If any regulations are breached (including but not exclusively export/import regulations) due to inaccurate information provided by you then you are responsible for such breach.
6.6 Our carrier may contact you to arrange deliveries, confirm delivery details and rearrange deliveries (where applicable) from time to time.
6.7 If you have chosen cash on delivery as your preferred method of delivery and payment (where such option is available):
6.7.1 we have discretion to reject certain modes of payment;
6.7.2 we only accept payments in the local currency
6.7.3 should you not accept the Order or make full payment at the time of delivery, we reserve the right to refuse to deliver the Products.
7. RETURNS AND CANCELLATION RIGHTS
7.1 Details on how you can cancel your order or return your Products (where permissible) including the address to which Products must be returned, will be provided on the checkout page, in your order confirmation e-mail and/or your Dispatch Confirmation via the link to the returns portal, (the “Return Merchandise Portal”).
7.2 Returns must only be sent to the address indicated on the Return Merchandise Portal. These details will be provided with the delivery package containing your order or in the Dispatch Confirmation email (which will contain a link to the Return Merchandise Portal).
7.3 Returned Products must be in new condition with tags attached and must be accompanied by the original receipt or invoice. All returned Products are sent at your own risk. If you have received a return label, you must use the return label provided to you via the Return Merchandise Portal.
7.4 All refunds are subject to inspection and verification within our return center. If the returned Products are not fully resaleable or the packaging is damaged, we reserve the right to refuse a refund.
7.5 Only in cases where the details of the returned Products have been provided within the Return Merchandise Portal will we reimburse you.
7.6 You will be refunded by us to the credit/debit card or other payment method provided by you when the order was originally placed. The refund will be processed as soon as practicable but within fourteen (14) working days of the Product arriving to the return center in a perfect resalable condition.
7.7 Deductions may be made from refunds where such returned Products are returned in an unacceptable condition.
7.8 We acknowledge that any Products returned on the basis of being faulty shall not be subject to this section and no provisions within these Terms shall affect your statutory consumer rights. All returns of faulty Products will be governed under the Sale of Goods and Services.
7.9 Certain goods may not be suitable for return. In the event that a Product is not suitable for returning, please refer to your order confirmation email and you will be advised as to how your refund may be processed in accordance with the policies and procedures set out therein.
8. PRODUCT WARRANTIES AND OUR LIABILITY
8.1 Any warranty related issues arising in respect of a Product should be communicated to the customer support team. In these circumstances, we will provide a refund or replace the product as appropriate and solely upon instruction from the retailer.
8.2 ALL PRODUCT DESCRIPTIONS AND SPECIFICATIONS ARE PROVIDED TO US BY THE RETAILER. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF SUCH DESCRIPTION OR SPECIFICATION. WE PROVIDE NO WARRANTIES, GUARANTEES OR COVENANTS OF ANY KIND RELATING TO THE FITNESS, QUALITY, SAFETY, OR INABILITY TO USE, OR INABILITY TO HAVE REPAIRED OR SERVICED, ANY PRODUCT PURCHASED BY YOU. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO FITNESS, QUALITY, OR SAFETY OF THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED AT LAW, WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), OR UNDER ANY STATUTORY IMPLIED TERM) FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED OR OBTAINED, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. OUR MAXIMUM LIABILITY TO YOU IS THE AMOUNT CHARGED TO YOUR CREDIT CARD OR OTHER FORM OF PAYMENT. DESPITE ANYTHING ELSE CONTAINED IN THESE TERMS. NEITHER PARTY EXCLUDES ANY LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT ONLY THAT IT ARISES AS A RESULT OF THE NEGLIGENCE OF THAT PARTY, ITS EMPLOYEES, AGENTS OR AUTHORISED REPRESENTATIVES.
8.3 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
8.4 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
8.4.1 use of, or inability to use, our site; or
8.4.2 use of or reliance on any content displayed on our site.
8.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of -service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any content on it, or on any website linked to it.
8.6 We assume no responsibility for the content of websites linked on our sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
9. EVENTS OUTSIDE OUR CONTROL
9.1 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. An Event Outside Our Control is defined below in section 9.2.
9.2 An “Event Outside Our Control” means 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, subsidence, epidemic, pandemic, health crisis or other natural disaster, or failure of public or private telecommunications networks, backorder situations or delays caused by the retailer or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
9.3.1 you will be contacted as soon as reasonably possible to notify you; and
9.3.2 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. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
9.3.3 you may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days from the date of order. To cancel please contact us. If you opt to cancel, you will have to return any relevant Products you have already received (where appliable in accordance with these terms and conditions), and we will refund the price you have paid, including any delivery charges (where applicable).
10. PERSONALISED PRODUCTS
10.1 The ability of Birdeez to fulfil any personalized Order is subject to availability of:
10.1.1 the Product/stock ; and
10.1.2 the materials requested/required.
10.2 The manufacturing time and/or the shipping time of any such Products may be affected due to Product or material constraints.
11. INDEMNITY
11.1 You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation 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 any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.
12. BREACHES OF THESE TERMS OF USE
12.1 Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to our site, prohibiting you from accessing our site, blocking computers using your IP address from accessing our site, contacting your internet service provider to request that they block your access to our site and/or bringing court proceedings against you.
13. OTHER IMPORTANT TERMS
13.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.
13.2 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.3 We only use your personal information in accordance with our Privacy Statement. Please take the time to read our Privacy Statement carefully, as it includes important terms which apply to you. The retailer may also use your personal information, in accordance with their own separate Privacy Policy which can be found on their website.
13.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.5 Nothing expressed or mentioned in or implied from these Terms is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to these Terms. These Terms and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of us, our affiliates and you.
13.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
13.7 Please note that these Terms are governed by Philippines law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Philippines law.
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