1. Definition of Terms

The following terms, words, and phrases shall have the following meanings or be construed accordingly for purposes of these Terms of Sale:

(a) Customer – refers to anyone who purchases a product from the online store. Also identified or referred to as “you” in these Terms of Sale.

(b) Online Store – refers to ZION’s website on the internet, where a customer can purchase products from a seller.

(c) Order – refers to products that the customer has decided to purchase and has informed the seller of using the form made available by the online store. Each purchase is associated with just one item. Each product requested will be treated as a separate order if several products are identified or listed on a single form.

(d) Product – refers to an item which is sold on the ZION Online Store.

(e) Seller – refers to ZION Philippines, the company that runs the online store and owns the products that are sold to customers there.

(f) Terms and Conditions of Sale – refers to the clauses in this document that set forth the terms and conditions under which you (the Customer) and the Seller have agreed to the sale of a product. also known as “Terms of Sale” here.

2. Purchase of Products

2.1. Product Description. Each product in the online store has a description, which the seller attempts to be accurate and up to date but does not guarantee. You may follow the instructions in clause 5 of these terms of sale if the product delivered to you does not match the description provided on the online store for the item you ordered.

2.2. Product Price. Each product’s pricing will be what it is posted at after the seller receives your order from the online store. While seller makes every effort to present accurate prices for each product, errors may nevertheless occur. Even if the product has been released for delivery or is in transit, seller has the right to cancel the agreement in the event of a pricing error or mistake. In accordance with clause 5 of these terms of sale, seller shall give you notice of the cancellation and shall reimburse you for the amount paid by you for the product. Unless otherwise noted, taxes will be added to all prices. The seller retains the right to alter the price of the product at any time, for any reason, and without giving customers any previous warning.

2.3. Product Warranty. The online store shall specify the guarantees for each offered product. The aforementioned warranties shall be exclusive of and be in lieu of all other warranties, reliefs, or remedies, whether express or implied, statutory or otherwise, unless expressly prohibited by applicable obligatory law.

2.4. Order Placement. You may place an order by filling up and submitting the order form and providing the payment details on the online store. An order placed in any other manner will not be accepted by the seller.

2.5. Processing of Order. Any order you place is regarded as accurate, whole, unconditional, and final. Thus, seller shall have the right but not the responsibility to process your order without further action from you or notification to you. You may request to change or cancel an order, subject to the seller’s judgment, and the seller will make a commercially reasonable attempt to comply.

2.6. Acceptance of Order. Each order for a product is subject to acceptance at the seller’s sole discretion, and each order that is approved results in a separate sales contract. The seller maintains the right to reject or cancel an order for any reason at any time. There are numerous factors that could impede or otherwise affect the processing of your transaction.

3. Payment

3.1. Modes. You can pay for the product using any of the payment methods that the seller accepts. The merchant will only accept your order and repay your payment at that point. Additional conditions or alternative payment methods may be requested at any time by the seller.

3.2. Liability Limitation. You acknowledge that the terms of your selected payment method’s user agreement apply to you and that the seller is not responsible for any errors, omissions, or failures made by that payment method’s service provider.

3.3. Invoice. Upon accepting the order, the seller will create an invoice and deliver it with the merchandise.

3.4. Non-Payment. Without limiting any other rights or remedies, the seller shall have the right to cancel the order or postpone delivery of the product if you fail to pay in accordance with the terms and conditions of the payment method you selected if your payment is canceled for any reason.

4. Delivery

4.1. Place of Delivery. The address given in your order is where the product will be delivered. Only deliveries inside certain Philippine regions are permitted. Once chosen, the delivery location cannot be altered without the seller’s prior written consent.

4.2. Delivery Charges. The packing and delivery fees must match the amounts on the order form.

4.3. Delivery Period. Delivery of a product is dependent on its availability and other factors beyond of the seller’s control, and delays may occur making the given delivery period only an estimate. You agree that the delivery window is not crucial to the sales agreement and that you won’t hold the seller accountable if your product is delivered late.

4.4. Failed Delivery. Seller may cancel the sales contract without abandoning any of its rights or remedies if the product delivery fails due to your error or negligence.

5. Inquiry or Complaint

5.1. Inquiry. Should you have any question, you may contact the Seller through the “Contact Us or Online Store Support.”

5.2. Complaint. Within three (3) days from delivery of the Product and immediately upon discovery, you must contact the Seller as stated above and notify it of your complaint regarding any of the following:

a. The product that was provided did not match what you had bought;
b. the Product you ordered is not what was described in the online store’s listing when it was delivered;
c. The finished parts or accessories listed on the online store are not included in the delivered Product;
d. the quantity of goods supplied does not match the quantity you requested from the online store; or
e. There is a flaw, malfunction, or failure of the given product to live up to a warranty without your inappropriate use.

5.2. Seller’s Action. Seller shall endeavor to reply and act on your complaint within thirty (30) days. Should more time be needed, Seller may ask you for an extension of thirty (30) days.

5.3. Reliefs Available to You. Within thirty (30) days, seller will try to respond to your complaint and take appropriate action. Seller may request a thirty (30) day extension if more time is required.

5.3.1. Replacement of Products. If you fall under one of the situations listed in clauses 5.1(a) or (b) and the product that was supplied contained a mistake or an error, the seller may, in its sole discretion, replace the product. You will only be given a replacement item if you return the original product in the following conditions: (1) with all of its parts and accessories; (2) in the packaging it was supplied in; (3) without any marks or signs of unreasonable or improper use; and (4) with the original sales receipt.

5.3.2. Delivery Correction. If the situation described in Clause 5.1(c) or (d) applies to you and there was an incomplete delivery as described therein, Seller shall attempt to deliver the undeliverable component or accessory in the case of the former and the remaining undeliverable product in the case of the latter within a reasonable time. Clause 4 of these Terms of Sale outlines the delivery procedure. If any product is delivered in excess of your order as per Clause 5.1 (d), Seller may, in its sole discretion, either request payment in full for the excess products delivered at the contract rate and collect payment within a mutually reasonable timeframe, or Seller may, upon receipt of your notice or upon its own discovery of the excess delivery, grant a price reduction for the excess product.

5.3.3. Replacement, repair, or reimbursement. If, as indicated in Clause 5.1(e), without your unreasonable use, the delivered Product has a flaw, malfunctions, or doesn’t meet a warranty, the seller will fix it within the time frame specified in Clause 5.2. Seller will replace the Product if the defect or malfunction persists even after a reasonable number of tries to fix it; however, a replacement product will only be delivered to you if you return the Product in the manner described below: When it was delivered, the item must have been complete—including all of its parts and accessories—in the original manufacturer packaging, (3) have a written report from a manufacturer-authorized service center stating that the product is defective or malfunctioning, or have a directive from the manufacturer ordering a replacement, and (4) have the original invoice. If the seller is unable to replace the product even if you are entitled to one after meeting the immediately preceding requirements, the seller will return your money in accordance with Clause 5.6.

Even if no attempts were made to fix the problem, the seller may, in its sole discretion, permit you to have your product replaced if the following conditions are met: (1) you notify the seller within seven (7) days of the product’s delivery and immediately upon your discovery of a problem; and (2) you return the product within thirty (30) days of delivery in the manner specified in the sentence just before
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The guarantees for each sold Product shall be those set out on the Online Store, as indicated in Clause 2.3. The aforementioned warranties shall be exclusive of and be in lieu of all other warranties, reliefs, or remedies, whether express or implied, statutory or otherwise, unless expressly prohibited by applicable obligatory law.

5.3.4. Refund. If you are entitled to a replacement product, undelivered product delivery, or a refund and the seller is unable to honor your request for any reason, the seller may refund you for the defective or malfunctioning product, the undelivered product, or the replacement product. Any reimbursement is subject to the product being returned and accepted by us. Your credit card will be refunded by the seller at first (or original method of payment). Depending on the rules of the card issuer who issued your payment, you will receive the credit in a specific number of banking days. While seller strives to handle your refund as quickly as possible, this may not always be achievable.

6. Title and Risk

6.1. Seller’s Reservation. Until seller receives notification from the payment service provider you choose that it has received cleared payment (or a deposit of your complete payment for the product), you retain the right of possession or ownership in the product, even if it is delivered to a carrier for transmission to you. Up until the point at which ownership is given to you, the product is at the seller’s risk.

6.2. Your Commitment. You agree to make sure that the product’s full payment is executed within a reasonable amount of time. Additionally, you agree to keep the product in good condition as the seller’s bailee and to respond to any inquiries from the seller or to any events that may impact the seller’s ownership rights in the product within seven (7) days of receiving them.

7. Limitation of Liability

7.1. Extent. In no instance shall seller be responsible to you for any indirect, incidental, punitive, special, or consequential damages, or damages for lost revenue, profit, or use, resulting from or relating to these terms of sale. Seller’s liability for losses resulting from or related to these terms of sale shall not, to the extent permitted by law, exceed the purchase price of the product.

8. Contract Termination

8.1. Upon your request. Subject to Seller’s discretion, you may request to terminate the Sales Contract and Seller will strive to accommodate your request on a commercially reasonable effort basis.

8.2. Upon Seller’s determination. Without prejudice to any other right, Seller may terminate the Sales Contract by notifying you in writing at any time should any of the following happen or be present:
the Product becomes unavailable;
there was a mistake or error in the price listed for the product; or,
c. you wrongfully neglect or refuse to accept the Product or you are in breach of any other obligation under these Terms of Sale.

9. General Provisions

9.1. Entire Agreement. The agreement between you and the seller is fully expressed in these terms of sale. This Agreement shall take precedence over any earlier understandings, representations, or agreements, whether they were expressed in writing or verbally.

9.2. Revision. Any modification, waiver, or revocation of any provision or requirement in these Terms of Sale must be made in writing.

9.3. Governing Law. In the case of a conflict of laws, Philippine law shall apply and be followed in interpreting this Agreement.

9.4. Severability. If any portion of this Agreement is found to be illegal or unenforceable, that portion shall be deemed severable from the remainder of the Agreement, with the remaining portions remaining in full force and effect.

9.5. Venue. You and Seller concur that any dispute arising out of or related to these Terms of Sale shall only be brought before the appropriate court or quasi-judicial body located in Valenzuela City, Metro Manila.