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Terms of service

SCOPE AND DEFINITIONS

  1. Please read these Terms carefully before using the Website and placing your order. By ordering products from the Website, you agree to be bound by these Terms. By continuing to use any part of the Website, you confirm your acceptance of these Terms.
  2. These general terms and conditions (the "Terms") will apply when you access the www.adventurebags.ph website either online or via your mobile device (the "Website") or place orders to purchase any of the products on the website.
  3. Any reference to "we"/"us"/”our'' in these Terms is a reference to Surepeak Enterprise OPC – owner and operator of www.adventurebags.ph, with office address at 11  Simoy Street corner Batis Street Bayanihan Drive, Barangay Bahay Toro Project 8, Quezon City. We can be reached through Facebook (https://www.facebook.com/adventurebagsph/) or Instagram (https://www.instagram.com/adventurebagsph/)
  4. Any reference to "you" means you, the user of the Website.

USE OF THE WEBSITE

  1. You agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your own information) from the Website without our prior written permission.
  2. You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the products, the Website or any part of it (the "Rights"), including the manner in which the Website is presented or appears and all information and documentation relating to it is our property (or that of our licensors), and nothing in these Terms shall be taken to transfer any of the Rights to you.
  3. You may not link our official URL https://www.adventurebags.ph/ with other websites without our prior written consent.

 

REGISTERING FOR A PERSONAL ACCOUNT

  1. To make it easier for you to order products using the Website, we offer you the opportunity to register for a personal account. If you take advantage of this opportunity, any personal data that you provide us with during the registration process will be stored in our database and need not be entered with each new order; it will be entered into the order form automatically. For further details on how we use your personal data, please refer to our Privacy Policy.
  2. To register, you must supply us with the following information via the online registration form: your first name, last name, and email. 
  3. Once you click on the 'Register' button, this information will be stored in our customer database. We will only use the stored data in accordance with our Privacy Policy, which can be accessed here. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when you registered.
  4. After registering for a personal account, you will automatically be sent an email that your account has been created. Your email address will act as the user ID for your account. 
  5. During the registration process, you will be asked to create your own password. You will be given the opportunity to change the password when you click the ‘Forgot your password’ button before logging in. You must keep your user ID and password confidential at all times, and not make them available to any other person. You agree to comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorized use of your account or if your account becomes available to an unauthorized person.
  6. Without prejudice to our other rights and remedies we may suspend your access to the Website without liability if, in our reasonable opinion, such action is necessary to safeguard the Website. You will be responsible for any misuse of your user ID and password, including the placing of any order.

 

OUR CONTRACT

  1. Your order constitutes an offer to us to buy the products you select from the Website. All orders are subject to availability and will not constitute a binding contract of sale until accepted by us. As soon as this offer is accepted by us, you will be receiving an Order Fulfillment Email (as specified below). With this, your order forms a binding contract of sale between you and us as further set out in Section V below.
  2. The Website only sells products to individuals who can purchase via, credit card, Gcash, cash on delivery, or other method(s) of payment as set out on the payment page.
  3. The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device's display of the colors accurately reflects the actual color of the products. Your product may vary slightly from those images.

 

THE ORDER PROCESS

  1. You may select items from our range of products, the details of which will be added to the "Cart" by clicking on the 'Add to Cart' button. 
  2. By clicking on the 'Buy it Now' or ‘Check Out’ button, you initiate the checkout process for the products added to the Cart. Before placing an order, make sure that the items in the Cart are correct.
  3. By clicking on the 'Pay Now' button you submit an offer to buy the products in the Cart and agree to pay for those items. When you place your order to purchase products from the Website, we will automatically send you an email confirming receipt of your order and containing the details of your order (the "Order Confirmation Email"). The Confirmation Email does not constitute our acceptance of your order; it merely records the fact that we have received the order.
  4. We will send you a second email when we dispatch your products which shall constitute our acceptance of your order (the "Order Fulfilment Email"), at which point a binding contract of sale will be concluded between you and us.
  5. Any products in the same order which we have not confirmed in an Order Fulfillment Email do not form part of that contract. 
  6. If for any reason the products ordered by you are not available at the time you placed your order, we will notify you of this by email through a notification of the cancellation of your order. 
  7. If you have paid for the unavailable item/s, we shall request for a reversal/ refund from your chosen payment gateway. 
  8. If some of your chosen items are available, you will receive a separate email with an updated order number and a breakdown of items for shipment. 
  9. Our acceptance of your order in the Order Fulfillment Email is limited to the products that are available - no contract of sale will be concluded in respect of products that are not available. We will retain the title in the products until full payment has been received by us.

PAYMENT

  1. All of the item prices listed on the Website include the currently applicable statutory value-added tax.
  2. Payment for your products must be made via Credit Card, GCash or Cash on Delivery or other payment methods that we may offer and announce in the future.
  3. The full payment price, including delivery charges and any additional charges for services you may have ordered, will be debited from your card/account. 
  4. For cash on delivery orders, please prepare the exact payment amount for our courier partners’ pick-up upon delivery of your ordered items to you. Your order will not be released to you or your authorized representative until our courier partners’ representative has acquired the cash payment during delivery.
  5. You confirm that the credit card being used is not stolen, simulated, or a fraudulent account. All credit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment, we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. You may contact your issuing bank for more information. For cash on delivery orders, you promise to make sure that the exact amount of payment (inclusive of shipping and other applicable charges which we will inform you in advance if any, and subject to your prior approval) is ready and available for pick up upon delivery of your order to your stated delivery address.
  6. When you visit the website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

AVAILABILITY OF PRODUCTS AND DELIVERY TIME

  1. We strive to ensure that all items on the website are available upon request. However, there may be instances where items will be out of stock. In cases such as this, we shall deliver the available items in your sales order. Please note that if the original order was pre-paid, a reversal/refund will be in place for the out of stock items.
  2. We will provide you with the courier details and tracking number of your parcel in the Order Fulfillment Email so you can track the delivery status of your parcel.
  3. The estimated delivery date is up to 7 days within Metro Manila and up to 14 days for provincials. However, the delivery date will mainly depend on the courier delivery lead time from the date of the Order Fulfillment Email. It may take slightly longer to deliver products to very remote areas. We will do our best effort to deliver all products you have ordered within the estimated delivery time, but these delivery dates are estimates only. 
  4. In the event that we become aware that we are unable to meet the estimated delivery time, we will notify you of this as soon as possible.
  5. If your order has not been received within the specified timescales, you may contact us through Facebook (https://www.facebook.com/adventurebagsph/) or Instagram (https://www.instagram.com/adventurebagsph/), and provide your order reference number with the tracking number so we can check the status of your order. 
  6. All delivery timescales are subject to delays caused by seasonal or busy periods, weather and other unforeseen circumstances, though we will do everything we reasonably can to get your order to you on time. Please understand that during exceptionally busy periods (e.g. Christmas), or when the weather is particularly inclement, we and/ or our couriers might need additional time to process and deliver your order. 
  7. Please note that the delivery company may require a signature on delivery and will not leave products without a signature. 
  8. Orders may be placed from anywhere in the world, provided that the delivery address is within the Philippines.
  9. Your order will be sent to the delivery address that you have given on your order form. 
  10. We are not responsible if the given delivery address is incorrect or incomplete. Our couriers will make two (2) delivery attempts, and we will notify you by email prior to delivery.

 

LIABILITY

  1. Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into these Terms by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law. That said, this does not affect the Terms which are included as a matter of custom and we acknowledge that we are under a legal obligation to supply products in accordance with the contract, supply products which are of satisfactory quality, reasonably fit for the purpose, and as described.
  2. Our products in Website are open to all (private use, commercial use, or reselling purposes). However, we will not be responsible for any business loss (including loss of profits, loss of revenue, loss of contracts or loss of goodwill) that you suffer as a result of purchase or usage of our Website or our negligence.
  3. This Website is provided by us on an 'as is' and 'as available' basis. We make no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk.
  4. We do not accept any liability for damage to your computer system or loss of data that results from your use of the Website; guarantee that the Website will be available uninterrupted and in a fully operating condition nor that the information on the Website itself will be free from errors or omissions (however, we will use reasonable endeavors to correct any errors or omissions as soon as practicable once they have been brought to our attention).
  5. When you order products from the Website, our aggregate liability to you for any loss or damage arising in connection with these Terms shall be limited, in respect of each claim, to the purchase price of your order.
  6. We are not responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises out of any event which is beyond our reasonable control. Such events shall include, for example, failure of infrastructure, government intervention, epidemic/pandemic, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting us or our suppliers. This condition does not affect your statutory rights.
  7. If an event beyond our reasonable control as described above takes place that affects the performance of our obligations in relation to products ordered from the Website under these Terms with you: We will use reasonable endeavors to reduce the impact of any such event on the performance of our obligations; We will contact you as soon as reasonably possible to notify you; and our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the event. Where the event affects our delivery of products to you, we will arrange a new delivery date with you after the event is over.
  8. You may cancel the contract formed with us which is for the purchase of products by you from the Website affected by an event which is beyond our reasonable control and which has continued for more than 30 days. To cancel, please contact us.
  9. While we take steps to prevent misuse of our systems, we cannot warrant that the Website will be free of viruses or other malicious code and accept no liability for loss or damage caused by the transmission of such code. We recommend that you always use up-to-date firewalls and anti-virus software to protect your equipment and data.
  10. It is not possible for us to review all Websites which are linked from the Website (or linked to the Website), and you should therefore take care when following any link. We cannot accept liability for any loss or damage that may be suffered as a result of following any links.

 

FEEDBACK AND COMPLAINTS POLICY

  1. We welcome any comments about our service so that we can improve what we are doing. Our aim is to deal with any problems quickly and fairly. If you have reason to complain about our services, please reach out to our Facebook page (https://www.facebook.com/adventurebagsph/) or Instagram account (https://www.instagram.com/adventurebagsph/). Our aim is to respond to your complaint within seven (7) working days, either resolving the complaint or with a timescale for resolution.

ALTERATION OF SERVICE OR AMENDMENTS TO THE TERMS

We reserve the right to make changes to our Website, policies, and these Terms at any time. Your usage of the Website and your orders will be subject to the policies and Terms in force at the time that you use the Website or that you order products from us unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these Terms are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.

WAIVER

If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

GOVERNING LAW AND JURISDICTION

  1. Your use of the Website, any purchase by you on the Website of any products and these conditions will be governed by and construed in accordance with the laws of the Republic of the Philippines and will be deemed to have occurred in the Philippines. You agree, as we do, to submit to the exclusive jurisdiction of the Philippine courts. In case of any dispute arising from this Agreement which cannot be settled amicably despite efforts to do so, the case shall be filed in the proper court of Quezon City, to the exclusion of other courts.
  2. Please note that the contract formed between you and us under these Terms is between you and us. No other person shall have any right to enforce any of these Terms.