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Terms & Conditions

1. IMPORTANT

By using, or placing an order through this website, you are giving your irrevocable acceptance and agreement to all the terms and conditions stipulated herein, including all those that arise from such terms and conditions. You must read these terms and conditions thoroughly before using or placing an order, as once you use or place an order using this website, you will be bound to all the terms and conditions mentioned herein. Should you disagree, do not continue using or placing an order through this website.

2. OPERATOR/COMPANY/SELLER DETAILS

This website is owned and operated by CYM GROUP INC. (the “Platform Operator”). The sale of goods through this website is carried out under the name EDEPOT (the “Company”), a Philippine company with registered address at (INSERT ADDRESS), registered in the Securities and Exchange Commission under CYM GROUP INC. (the “Seller”).

3. USER/BUYER DETAILS

All personal information and details that you provide us shall be processed in accordance with the Data Privacy Law and all other applicable statutes and legislations. When you use this website, you agree to the processing of the information, personal data and other details and you state that all information, data and other details provided are true, correct and correspond to you as the real purchaser under the Contract.

4. USE OF OUR WEBSITE

By using the website, you agree to accept all the terms and conditions stipulated in this contract and that you agree to abide by it, including but not limited to:

i. You agree to the use of this website for lawful and appropriate purposes only;

ii. You agree not to make any false or fraudulent orders. If it can be reasonably considered that an order is fraudulent, we reserve the right to cancel it and pursue all legal remedies available;

iii. You agree not to make false representations, and to provide us with your full name, e-mail address, postal address and/or other contact details truthfully and accurately; iv. You also agree that we may use this information to contact you in the context of your order if necessary;

v. You will not use this website illegally, inappropriately, and other uses that will violate laws here and abroad;

vi. You will not commit an act against the intellectual property rights of the company and the use of this website without the express prior written consent of an authorized representative of the Company;

vii. You have to provide us with all the information we need truthfully and accurately, otherwise, you cannot place your order and we reserve the right to not accept or cancel your order;

vii. When you place an order on this website, you confirm that you are of or over the legal age and is legally eligible to enter into binding contracts in accordance with Philippine laws.

5. SERVICE AVAILABILITY

Delivery service for the items offered on this website is available through our in-house delivery fleet and third party delivery partner engaged for this purpose, in accordance with the terms and conditions for the delivery thereof and may be subject to minimum purchase requirements and other charges, if applicable, or through a third-party delivery or transport service.

6. PERFECTION OF THE SALE

To place an order, you must follow the step by step purchasing procedure, until you receive Order Confirmation notification from the company. You will then see instructions for payment. Payment may be done via over the counter bank deposit or online banking transfer to the company bank account. A copy or screenshot of the payment must be sent to us before order will be packed for shipping or delivery. Cash on Delivery orders are also accepted through our in-house delivery and third party delivery partner.

Within 24 hours, from Monday to Saturday during operation hours, excluding holidays, you will receive the Order Confirmation e-mail or message confirmation which will include the delivery or pick-up details. If necessary, our team will contact you through the contact details you provided for assistance about the delivery or pick-up. Please prepare the necessary transaction details

7. ORDER CANCELLATION

You may request to cancel your order within 24 hours after payment, upon which we will cancel the delivery. Cancelling your order will entitle you to exchange your order to a different item with equal or lesser price than the original item. Should the replacement item be of greater value, you have to pay for the additional charge. Should there be no item that you wish to replace your cancelled order with, the amount you paid for shall be stored as “store credit,” for which you may use the next time you place an order. If cancellation is done beyond 48 hours, Seller is not obliged to give effect to any request to cancel any order.

8. RIGHT TO REFUSE TO PROCESS AN ORDER

The Company reserves the right to refuse to process or cancel an order, even after having been confirmed, when in exceptional circumstances we will not be able to process your orders. Nonetheless, all due commercial efforts will be undertaken to process all orders placed.

We reserve the right to remove any product from this website at any time and to remove or modify any material or content from the same.

We will not be liable to you or to any third party as a result of the removal of any product from our website, or for modifying any of our products or content from the website, or not processing an order even after sending the Confirmation in cases above mentioned.

9. DELIVERY

After receiving a confirmation from us, processing and delivery will be made within two to five (2 – 5) business days. If there is a delivery period indicated anywhere on this website, these are considered estimates only, and delays may occur.

However, should we encounter any delivery restrictions and limitations on your delivery address, we commit to inform you immediately before closing your purchase so that an alternative address or receiving option may be explored.

If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or to cancel the order with full reimbursement of the amount paid. We do not make deliveries on Sundays or holidays, except in cases where it is us who scheduled the delivery.

10. UNCLAIMED OR UNDELIVERED ORDERS

In the event that we cannot deliver the orders you made, we will contact you thru the contact information you provided in placing your order to coordinate for a different delivery arrangement. If after seven (7) days we cannot contact you even after using diligent efforts in the contact information you provided, the items you ordered will be returned in our inventory, and the payment made will be converted into store credits.

In the event of failure to pick-up the items after the lapse of seven (7) days from the date of payment, the items will be returned in our inventory, and the payment made will be converted into store credits.

11. RISKS AND ACTUAL RECEIPT OF THE PACKAGE

The risks during the transport of the item or during the delivery shall be borne by you, with the shipper exercising the due diligence required in packaging the item for delivery. The item is considered delivered upon actual receipt of the person whose name appears in the shipping documents, or by any person duly authorized to receive such delivery, or in the absence of such authorized person, to any adult who shall receive the items at the delivery address.

12. PRICE AND PAYMENT

The price of the products will be the one indicated on our website, except if there is an error. Precautions will be undertaken to ensure the correctness of the prices reflected on our website, but there is no guarantee that errors may occur by reason of glitch in the system, clerical in nature, outdated price, among others. Upon discovery of such an error in the price you have ordered, we will notify you immediately. You will have an option to continue with the purchase with the correct price or cancel the order. Your payment will be refunded in the latter case. Failure to contact you in the contact information you provided in placing your order within ___ hours, your order will be deemed cancelled, but your payments will be reimbursed to you in full, thru the means that you will communicate with us.

We will not have the item shipped, even after we have sent the Confirmation, with an incorrect price. The prices on the website shall include the applicable VAT, and other applicable taxes, if any, but exclude delivery charges, which will reflect in the total price.

Prices may change at any time without prior notice. Orders, with a correct price indicated on our website, that have been paid and confirmed will not be affected by any changes in the price. Orders with incorrect prices will still be corrected using the correct price at the time of payment and confirmation.

Once you have selected the products that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You are provided with a detailed description of the purchase process in the Shopping Guide. Also, if you are a registered user, a record of all the orders placed by you is available in the “My Account” area.

13. BUYING GOODS AS A GUEST

We currently do not allow check out by a guest.

14. EXPRESS CHECKOUT

We currently do not have express checkout.

15. APPLICABLE TAXES

The prices indicated on this website will be subject to the appropriate statutory taxes, such as Value Added Tax (VAT), if applicable, and other applicable taxes, if any. We reserve the right to include additional taxes, fees, and charges without any prior notice, pursuant to local and national government regulations.

16. EXCHANGE/RETURN POLICY

Statutory right of return and exchange

Right of Exchange or Return Due to Defects

As a consumer, you have the right to exchange the product for another product, or return the product for store credit, within 30 days from the day on which you received the items for any defect in the product. The return or replacement period will expire after 30 days from the day of your receipt of the item.

To exercise the right to exchange or return, you must notify us of your decision to exchange or return the item by contacting us via an email or through our customer service representative, indicating therein the defect in the product, including the necessary documentation.

Please refer to our return policy for more details.

17. LIMITED LIABILITY AND WARRANTY

The Company’s liability is limited to the purchase price of the item indicated in the receipt, unless otherwise expressly stipulated in these Conditions. Further, we will not accept any kind of liability from any damage, from whatever source, unless the damage has been clearly established to be caused by us, subject only to the limit aforementioned.

All item descriptions and information indicated on this website are stipulated “as is,” with no attached express or implied warranties, except those required by statutory law. All descriptions are, to the best of our knowledge, correct, but we do not warrant that such description is free from error.

We do not warrant:

i. The commercial value or completeness of all information contained in this website;

ii. That the website will be free from errors or omissions;

iii. That the website is free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and

iv. the security of any information you transmitted through the website, and you accept the risk that any information transmitted or received through the website may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the internet and e-mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the internet.

  18. INTELLECTUAL PROPERTY RIGHTS

All copyright, registered trademarks, and other intellectual property rights on this website belong to us or to those who have expressly granted to us the license and use of their intellectual property rights. The use of any or all of the intellectual property protected materials from this website is limited to our express written authority, or to the express written authority by the owner of the intellectual property rights. All other use of the materials on this website that is not tantamount to any violation of said right is allowed.

Copying, reproduction, distribution republication, downloading, uploading, displaying, posting, or transmitting in any form any intellectually protected material without the written express consent of the owner of the intellectual property right is strictly prohibited, and will be dealt with using the full force of the law. The use of the intellectual properties on this website for informational, non-commercial, and personal use, however, is allowed.

19. ATTACKS ON WEBSITE

Illegal, improper, inappropriate, or any use contrary to what was intended for this website, such as but not limited to exposure or introduction of viruses, Trojans, worms, logic bombs, or any other software which may cause damage on our website is punishable under pertinent laws. By using this website, it is incumbent from you that you will not expose nor introduce any of the aforementioned or other software akin to those, otherwise, you will be solely responsible to any harm or damage done or caused to all the persons afflicted with this injury.

20. LINKS TO OTHER WEBSITE

We do not control, nor is in a place to effect a control, to all links to other websites or third-party materials contained in our website. We shall not be liable for any damage caused by using their website whatsoever.

21. COMMUNICATIONS

Communication with us will primarily be through electronic means. We will contact you through the email you provided in the contact details, and through other practical means, such as but not limited to our instant chat messenger. For legal purposes, this mode of electronic communication is tantamount to which is required by law to be communicated in writing. Notwithstanding, we may still opt to communicate with you by sending you a written communication to the postal address you provided through registered mail at our sole discretion.

Should you initiate communication with us, you may do so primarily through our customer service email, or through our instant chat messenger. We will respond to your communication as soon as practicable.

22. NOTIFICATIONS

It is presumed that you have received our written communication five (5) days from the date of postage, as reflected in the registered mail receipt, or after 24 hours from the time of sending the email, as reflected in the email. Should the fifth (5th) day or the next twenty-four (24) hours fall on a holiday, the next immediate business day shall be the reckoning point. Notwithstanding the failure to respond to our communications, we will decide on the matter accordingly.

 

23. TRANSFER OF RIGHTS AND OBLIGATIONS

These terms and conditions, including all rights and obligations arising herein, are binding for all the parties, as well as for all the successors and heirs, as well as the transferees, subject to the next paragraph.

There can be no transmission, cessation, levy, assignment, or in any other way transfer of any or all of the rights and obligations arising from these terms and conditions without having been obtained from the Company and express written consent.

On the other hand, we may transmit, cede, levy, subcontract, assign, or in any other way transfer any or all of the rights and obligations arising from these terms and conditions any time during its effectivity without your consent, subject to the limits prescribed under the law.

24. FORCE MAJEURE

When there is delay in the fulfillment or non-fulfillment of our obligation, or non-delivery of the items, we will not be liable for any damages if such delay, non-fulfillment, or non-delivery is caused by force majeure, and other causes as provided by law which exculpates our liability.

It is to be understood that in the event of force majeure, and other causes as provided by law which exculpates our liability in cases above mentioned, our obligations arising from any transactions entered into on our website are suspended, until the event of force majeure and other causes have ceased to exist, during which we will observe the diligence required by law to protect your items, and have these items shipped as soon as practicable.

25. WAIVER OF RIGHTS

Waiver of our rights cannot be presumed by our lack or delay of action to pursue any legal actions against any person. Such waiver must be expressly made in writing, and in compliance with all the formalities prescribed by law. Notwithstanding any waiver of right, pursuit of other rights or actions derived in these terms and agreement is not deemed waived.

26. SEPARABILITY CLAUSE

Should any part of this terms and condition be declared null and void by a final judgment of an appropriate court, those that remain to be valid shall remain in effect.

27. ENTIRE CONTRACT

The terms and conditions contained in this document constitutes the entirety of the agreement between all the parties, replacing any previous agreements entered into between the same parties verbally or in writing.

28. RIGHT TO MODIFY CONDITIONS

We reserve the right to review and modify these terms and conditions at any time. All the terms and conditions at the time of your use of this website to place an order is binding, except in cases where a lawful order has been made to retroact and made applicable to you. In such cases, we reserve the right to review such transactions and their effects, and act accordingly.

29. JURISDICTION

The use of our website shall be governed by the laws of Republic of the Philippines.

All disputes arising out of or in connection with the terms and conditions, including any question regarding its existence, validity or termination, shall be finally settled in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (“PDRCI”) for the time being in force, which rules are deemed incorporated by reference into this clause.

The arbitral tribunal shall consist of three arbitrators to be chosen in accordance with the rules of the PDRCI. The seat of arbitration shall be the Philippines. The procedural law of this seat applicable to commercial arbitration proceedings shall apply where the Rules are silent. The language to be used in the arbitration proceedings shall be English.

The Company may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy, subject to the final award or decision of the arbitral tribunal.

30. COMMENTS AND SUGGESTIONS

Please send any comments and suggestions through our contact at ________________. Your feedback is important to us in making our services better.