TERMS & CONDITIONS
Welcome to WWW.BAYANMALL.COM (referred throughout this agreement as the "Site"). WWW.BAYANMALL.COM provides services to its clients and customers subject to the following terms, conditions and provisions.
WWW.BAYANMALL.COM reserves the right to update or modify these Terms and Conditions at any time without prior notice. We recommend that you review these Terms and Conditions whenever you use this Site.
USE OF THIS SITE
The use of this Site constitutes your unconditional agreement to follow and be bounded by these Terms and Conditions. Only persons 18 years of age or older are allowed to use this Site. If you are under the age of 18 but at least 13 years of age you may use this Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. WWW.BAYANMALL.COM does not knowingly collect personal information about children under the age of 13 without prior parental consent. If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing, registration and recipient information provided must be truthful, complete and and accurate. Providing any untruthful, incomplete or inaccurate information constitutes a breach of these Terms and Conditions. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
All materials, including images, text, illustrations, designs, icons, photographs, programs and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software found herein. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.
USE OF INFORMATION FOUND IN THE SITE
The contents provided in this website is for informational purposes only. The information provided herein is provided on an "as is" basis without any warranty of any kind, whether express or implied and your use of this website is entirely at your own risk.
In no event will BayanMall be held liable for any indirect, special, incidental, or consequential damages arising out of the use of information contained on our website or any publication.
To fully access the Site and enjoy other related features, registration or Subscription may be required. By subscribing or registering, you agree to provide correct, accurate and most recent information about yourself, as well as agreeing to be prompt in updating such information when necessary. Each registered user of the Site is solely responsible for the safekeeping and security of their own passwords and other account “indentifiers”. Moreover, the owner of the said account shall be in full responsibility for all the activities that happened under the enrolled password or account. In the event that an unauthorized use of your password or account has been detected, you must notify us the soonest time possible.
The Site shall not be held responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this condition.
Upon your registration to the Site (as a default setting), you agree to receive promotional emails from us as an automatic subscriber.
LIMITATIONS IN THE SCOPE OF LIABILITY
BayanMall shall not be liable for any damages whatsoever and howsoever caused. All orders placed through the order system are taken on a best efforts basis. BayanMall shall not be responsible for errors, negligence or inability to execute orders caused by its suppliers or cargo forwarders, or through the inability of the customers/clients to provide complete and accurate delivery,contact information and payment. Nor shall BayanMall be responsible for any delays in the transmission, delivery or execution of customer's order due to breakdown or failure of transmission or communication facilities, or to any other cause or causes beyond the Company’s reasonable control or anticipation.
EFFECTS OF POSSIBLE SYSTEM FAILURE
The Ordering System has been designed to provide an efficient and dependable method for order processing using internet connection. Therefore, the failure by one or more of these internet providers may affect the whole order processing. The customer or user acknowledges that the ordering system is a mechanical system and as such may be subject to failure beyond the control of BayanMall.
USER - SELLER RELATIONSHIP
The sole relationship between BayanMall and the user is a “user-seller” relationship. No other relationship, including without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership, between BayanMall and you as the user exists.
USER INFO SUBMITTED AND PROVIDED
ORDERING AND PROCESSING
BayanMall accepts and collects orders 24 hour a day, seven days a week. Once payment has been made, these orders shall be processed and prepared for delivery immediately the very next day. The recipient will normally receive the package within three (3) to Five (5) working days from the date of payment confirmation.
Under certain circumstances and other various reasons, please take note that delivery of cargo to a particular address maybe re-routed to a nearest pick-up location (e.g. Cargo Forwarder logistics problem, Cargo Forwarder access problems, lack of Cargo Forwarder area branches, force majeure, road repairs, landslide, etc.). In the event this occurs, BayanMall shall inform the cargo sender and the cargo recipient the complete details of the rerouting. The client sending the package or the recipient shall bear the additional cost for these circumstances.
There are instances where a purchase order cannot be processed immediately or is delayed. BayanMall shall require you to provide additional data or information or verification before we accept or before we process and deliver you order. BayanMall and its Site reserves the right to cancel or refuse any order for any reason at any given time.
In case the products you ordered are unavailable in our inventory, Bayan Mall reserves the right to replace such product with the same kind but of a different brand with equal or greater value ensuring that you get quality and value for your money.
BayanMall cares for its clients / customers and sees to it that they get value for their money. After careful consideration of the weight, size, quality and nature of products and the relevant freight costs to be applied, different delivery methods for different products has been set up. The delivery methods are as follows:
· Delivery through Air Cargo (door-to-door delivery)
Delivery though Sea Cargo (door-to-door / sea port pick-up)
· Delivery through Bus Lines (Bus Office / Station Pick-Up)
· Delivery through Van Land Transport (Van Station Pick-Up)
· Pick-Up Location/s through supplier nationwide branches
· Delivery from supplier nationwide branches
Delivery of products / items for this Site is within Philippine territory only.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is delivered (except for orders, including pre-orders, paid for with a Gift Card, eGift Card or Vouchers which are charged at the time you place your order, not when your order is delivered). Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order.
We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
To have the product purchased at WWW.BAYANMALL.COM repaired/replaced, please go to the Customer Service area located on the bottom portion of the home page. Click Return and completely fill-up / answer the Product Return form within (48) hours upon receipt of item. No monetary refunds shall be given.
Customer must specify his name, order number and a brief explanation as for the reason for return. The customer is responsible for the shipping back costs. No returns will be accepted without WWW.BAYANMALL.COM’s prior confirmation via email for the acceptance of the return.
If there are noticeable damages or factory defects to the item upon delivery, DO NOT accept the item. Once you accept the item, it is already considered sold. We charge a handling fee for returned items, 10% of the item price or P500, whichever is greater.
Defective items must be returned within three (3) business days from the date of delivery and should be in its original condition.
THIRD PARTY SITES:
References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply WWW.BAYANMALL.COM's endorsement, sponsorship or recommendation of the third party, its information, products or services.
WWW.BAYANMALL.COM is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.
PRICING AND CONTENT INFORMATION
While WWW.BAYANMALL.COM strives to provide accurate pricing information, typographical errors may occur. WWW.BAYANMALL.COM cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, WWW.BAYANMALL.COM shall have the right, at its discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, WWW.BAYANMALL.COM may, in its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
ONLINE PAYMENT USING PAYPAL
Bayanmall uses PayPal in accepting credit and debit card payments. PayPal is the most popular and trusted online payment service in use today.
The PayPal site is highly secure. PayPal use industry-leading technology (such as SSL) to keep your information safe.
PayPal automatically encrypts your confidential information in transit from your computer to theirs (PayPal’s) using the Secure Sockets Layer protocol (SSL) with an encryption key length of 128-bits (the highest level commercially available). Before you even register or log in to the PayPal site, PayPal server checks that you're using an approved browser - one that uses SSL 3.0 or higher.
Once your information reaches the PayPal site, it resides on a server that is heavily guarded both physically and electronically. PayPal servers sit behind an electronic firewall and are not directly connected to the internet, so your private information is available only to authorized computers.
PayPal state-of-the-art fraud models and proprietary fraud engine work together to help stop fraudulent transactions before they happen. In addition, PayPal stays at the forefront of security, developing many anti-fraud technologies every year.
With PayPal, you've got the industry's most experienced fraud team on your side. PayPal processes billions of dollars in payments each year, allowing them to continually perfect their anti-fraud protections. As a result, PayPal's loss rate is significantly lower than the industry average. Paypal also work with federal law enforcement to catch criminals.
PayPal is committed to protecting the privacy of its users. When you send or request money using PayPal, Bayanmall never see your bank account numbers or credit card numbers. They only see your email address, date of sign-up, and whether or not you have completed PayPal's Verification process.
WWW.BAYANMALL.COM attempts to be accurate in its product descriptions. However, it does not warrant that the product descriptions or other Content of this Site is accurate, complete, reliable, current, or error-free. If you find a product is not described accurately, your sole remedy is to let our delivery team know right away and return it as-is. Once our delivery team leaves your premises, the item is considered sold. We shall have the right to cancel, refuse or not to accept any such orders regardless of the order confirmation status and whether your credit card charged or not.
TRADEMARKS AND COPYRIGHTS
All intellectual property rights in the Site, may it be registered or not, all information, Site Content, website design which includes but not limited to, text, graphics, photos, videos, music, songs, sounds, software, information, source codes, and any software or applications used in this Site shall remain as BayanMall’s property.
It is strictly prohibited to copy, reproduce, republish, store, re-transmit, alter, modify, distribute, make public use thereof, create derivative works from, reverse engineer, disassemble or try to locate source code, of the content of this website and any software or applications used by BayanMall in connection with this website, except as explicitly otherwise authorized by BayanMall. Any use of trademarks and logos is strictly forbidden without the owner's written authorization.
This site is protected by copyright as a collective work under Philippine copyright laws and international conventions. All rights are reserved.
The products and services described in this website are only offered for sale where they may be legally offered for sale.
By accessing this website, you agree that the laws in force in Davao City, Philippines applicable therein shall govern your use of this website. You also agree to submit to the exclusive jurisdiction of the courts of the Philippines and to waive any objections based upon venue. Moreover, you hereby also agree to submit to the jurisdiction of the courts of the Philippines with respect to any disputes arising from the use of this website. It shall be your sole responsibility to comply with local laws and BayanMall specifically disclaims any liability with respect thereto and makes no representations or warranties as to the legality of the site’s content.
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.
MERCHANDISE CONTENT DISCLAIMER: PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT'S MANUFACTURER. PLEASE NOTE THAT, ON OCCASION MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEB SITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. WWW.BAYANMALL.COM ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER'S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY WWW.BAYANMALL.COM.