GENERAL TERMS AND CONDITIONS
Welcome to the Aerophone Online Platform www.aerophone.com.ph ("the Site"). These General Terms and Conditions shall apply when registering on the Site, using the Site, and for orders placed on the Site. The user warrants that s/he has the personality to enter into legally binding contracts under Philippine laws. The products presented in the website are not offers to sell the products but is merely an invitation for the user to submit an order. Once the user submits the order, Aerophone may accept the order by sending an order confirmation subject to the conditions herein. Aerophone may reject the order for reasons stated below and it shall inform the customer, and return any payment made on the order.
Any communication, transaction, or sale conducted online other than through www.aerophone.com.ph is and will not be considered as a communication, transaction, or sale with Aerophone and shall consequently be dishonored by Aerophone. This unauthroized communication, transaction, or sale includes those made on sites that may come from links found on www.aerophone.com.ph.
Aerophone reserves the right to proceed with the sale with the user and shall not warrant the benefits or suitability of the product with the needs of the user. Aerophone endeavors to provide information in accordance with the manufacturer’s stated specifications of the products. Aerophone shall not be liable for any loss or injury caused by any mistake, misunderstanding, or misinterpretation of the products on the Site, or due to the unavailability of the products ordered and/or delivery service as stated in the Order Confirmation.
Any images or photographs of the products that we put on our Site are for illustration purposes only and actual products available for purchase may differ from that which is shown. We use reasonable endeavors to make sure that product details are stated accurately but errors may occur. We cannot guarantee that the pictures displayed in the Site will accurately and exactly show the actual product as for example, the user’s device’s displays may differ as to color, size perspective, and the like. The Products you receive may therefore vary slightly from the pictures on the Site. Thus, we shall not be held liable or accountable for any error or discrepancy in the product photos, details, or descriptions in the Site from the actual product that will be received.
ORDER FOR PRODUCTS
a. Our order process will permit you to check the Products you have ordered and amend any errors before submitting the order. Please ensure that you read through your order before submitting it. Once an order is submitted, you agree to and shall be bound by these General Terms and Conditions including the warranties stated herein.
b. Your order constitutes an offer to buy our Products on these Terms. You are deemed to have placed an order with us by ordering via our online checkout process.
c. We may refuse to accept your order
• where the Product is not available;
• where we cannot obtain authorization for your payment;
• delivery address is not within the available serviceable areas; and
• other causes not specifically enumerated above.
d. The Agreement will only be formed when we send you an email that contains the Order Confirmation. The parties to the Agreement are you and Aerophone Enterprises and Company. Such Agreement shall be conditioned upon the availability of the products confirmed in the Order Confirmation, the accessibility for delivery in the address provided, and actual confirmation of payment.
e. The Agreement will relate only to those Products we have confirmed in the Order Confirmation. We will not be obliged to supply any other Product which may have been part of your order but not included in the Order Confirmation unless a separate Order Confirmation is sent.
f. All orders submitted are subject to availability. If an order will not be available within 24hrs from receipt of Order, or is out of stock, or if under order basis (7-10 working days) the customer will be notified thru telephone or email as to when the product will be available. When this happens, the customer has the option to cancel the order without any charges and refund of any payments made will be processed in accordance with the terms herein, or the customer may proceed with theother and we will notify you of the delivery date.
g. In order to make an order through the Site, you will be required to sign-up for an account. You must create a username and unique password, which you will be responsible for its security and confidentiality. Other details are requested for contacting you and for delivery. You warrant the correctness of the information provided. Aerophone shall not be liable for any consequence caused by any mistake or error in the information stated.
For security and verification purposes, Aerophone will require the following to be submitted online:
• Valid ID (government-issued ID, Driver’s license, PRC ID or Passport)
• Secondary ID (at least 2): Voter’s ID, Postal ID, TIN, Senior Citizen ID, NBI ID, Company ID
h. For International credit card, an international valid ID shall be required.
i. You may be asked to provide additional information or requirement for verification purposes before we accept the order. Additional documents required shall be forwarded via email to [email protected] (WHERE?) within 7 days from the date of order (OR FROM DATE OF REQUEST). The order shall be automatically cancelled upon failure to provide these documents within said period. Verification normally takes 1-2days after the cardholder completed the requirements.
j. The customer agrees that any information provided on the Site shall be used for the confirmation, acceptance or rejection, and delivery of the order, to process any payment or claims for warranty, and to contact the customer for any promotion by Aerophone. Thus, upon registration, the customer is automatically included in Aerophone’s regular promotional messages or newsletters. However, the customer may opt out of the promotion. Aerophone shall comply with the provisions of the Data Privacy Act of 2012, and shall not offer, assign, or disclose to third persons any data the customer provides in the Site except for the purposes stated herein.
Delivery services are available in select locations in the Philippines, which may be reduced or increased from time to time. Delivery services and product availabilities depend on the specific location for delivery and the time of the order. Availability of delivery service and product specification requests will be confirmed in the Order Confirmation.
Delivery will be made by Aerophone or through a third party courier service depending on location, which will be specified in the Order Confirmation.
1. The date of dispatch listed on the Order Confirmation is the estimated date of dispatch as is reasonably estimated by us. Actual delivery date may vary depending on the availability of the courier service, delivery address, mode of payment, and other circumstances.
2. Delivery charges are not included in the product prices indicated in the Site unless it is expressly specified for a Product on our Site.
3. We will be deemed to have delivered the Product(s) to you when we deliver them to the address you provided when placing the order or signing up to our Online Store.
5. For your protection, a signature is required for deliveries. The receiver indicated upon check out should receive the products or if the receiver is not available, s/he shall prepare an authorization letter to allow another person to receive the product. The authorized representative should present his or her ID.
6. We do not allow delivery address changes after an order has been confirmed. If change of delivery address is necessary, it shall be considered a stiuation for failed delivery and Aerophone may charge additional delivery fees.
7. We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under a Agreement that is caused by the third party courier service or by any “Event Outside Our Control”, such as 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, supplier or sub-Agreement or failure, subsidence, epidemic or other natural disaster or failure of public or private telecommunications network or impossibility of the use of public or private transport. If such events occur and affects the performance of our obligations, we will notify you as soon as possible and our obligations under this Agreement will be suspended and the time of performance of our obligations will b extended for the duration of the “Event Outside Our Control”, We reserve the right to defer the date of delivery of the Products or to cancel the delivery of the Products in this case.
8. ADD TERMS FOR SITUATIONS OF FAILED DELIVERY
.Aerophone shall not be held liable for non-delivery of product due to the following
a) Unavailability of receiver indicated upon checkout or his/her authorized representative;
b) Incomplete or incorrect address;
c) when customer changes delivery after confirmation
d) Other situations beyond Aerophone’s control or its affiliate
Aerophone reserves the right to charge additional delivery fee/s for the foregoing situations. To avoid failed deliveries, Aerophone shall wait for
customer’s/cardholder’s advice before proceeding to the delivery attempt.
If delivery failed on
the third attempt, the transaction shall be deemed terminated and all delivery fees and charges shall be forfeited.
a. The price of the Products will be as quoted on our Site, except in cases of obvious error. Unless otherwise stated upon checkout, the price quoted on our Site for Products excludes delivery charges or any government-related taxes.
b. Product prices and delivery charges may change at any time, but such changes will not affect orders where Order Confirmation has been sent.(order confirmation number)
Aerophone.com.ph supports supports several payment methods which may change from time to time. These payment methods inlcude but is not limited to credit cards, debit cards and other online payment systems. Once these payment methods is preferred, the customer is redirected to a secure gateway provided by these payment systems. Aerophone shall not be liable for any loss or damage caused while using these payment gateways.
Aerophone takes no responsibility and assumes no liability for any loss or damages to the customer arising from shipping information and/or payment information entered by the customer or wrong remittance by the customer in connection with the payment for the items purchased.
Aerophone.com.ph has the right to unilaterally cancel any orders received and confirmed for the following reasons:
a. Force majeure or act of nature, including calamity or bad weather condition, and strikes.
b. Circumstances beyond the control of the merchant, including out of stock, system error, item detail dispute, incorrect image, wrong promotion, wrong pricing among others.
c. In the event of system error, order/s may be cancelled automatically. d. Non-compliance to order requirements.
In case of dispute, the Aerophone’s decision will prevail.
A confirmation from your Aerophone.com.ph account will prompt once your order has been successfully cancelled..
REFUND OF PAYMENTS
All refunds shall be made via the original payment mechanism and to the person who made the original payment, except for Cash on Delivery, where refunds will be made via bank transfer into the individual’s bank account provided that complete and accurate bank account details are provided to us or check pick-up on preferred branch of store. Also, all refunds will be deducted with handling and shipping fee incurred on the transaction, if applicable.
Aerophone.com.ph offers no guarantee on the timeliness of the refunds. The processing of payment may take time depending on the guidelines provided by the respective banks and/or payment provider’s internal processing guidelines. All refunds are conditional upon Aerophone.com.ph’s acceptance of a valid return of the item.
Aerophone.com.ph reserves the right to modify the mechanism of processing refunds at any time without notice. Aerophone.com.ph will not provide you a refund for certain goods which by nature cannot be returned.
RETURN AND EXCHANGE POLICY
The customer has the duty to check the completeness, accuracy, and condition of the products upon receipt thereof. Thus, if the product received is not the product ordered, or the box is lacking of any accessory, or it is defective, it must refuse its delivery and immediately return it the delivery service. The delivery service will wait for 15 minutes from receipt of the products ordered to allow the customer to check its completeness, accuracy, and condition.
Replacement of unit due to change of mind is not allowed. Only defective goods can be returned or exchanged subject to the product warranty policies herein.
1. All product warranties will be based on manufacturer’s warranties, including period of warranty, and shall be honored solely by the manufacturer. The commitment of Aerophone.com.ph is to provide support and assistance to customers who would like to avail of the manufacturer’s warranty. Aerophone does not assume any warranty obligation on the products.
If the item is found to be defective, the customer may inform Aerophone. within 7 calendar days from receipt of the product ordered by sending an email at [email protected] and a Customer Support staff will get in touch with him/her to facilitate and provide you with instructions on the matter. In case the customer informed Aerophone.com.ph later than 7 days, the concern will automatically be forwarded to the respective manufacturer’s hotline.
2. The ORIGINAL Official Sales Invoice should be presented for any warranty claim. Ensure that it is well-kept so that it is still legible and in the same form.
. All reported items claiming under warranty, are subject to manufacturer’s verification or investigation. Warranty claims will be according to manufacturer’s disposition.
If it is agreed between and among the customer, Aerophone, and manufacturer that the products will be returned to Aerophone for proper facilitation, the customer must return the item in its original delivery condition (i.e. box, manual and all accessories must be included) and sent back to us with prepaid shipping charges and insured for the full purchase price, with original copy of Sales Invoice. Shipping and handling charges are shouldered by the Customer.
5. Aerophone.com.ph is not liable for any losses suffered by the customer or any third pary directly or indirectly caused by repairs or remedial work carried out on the products without Aerophone’s prior written approval; and the customer shall indemnify Aerophone against all losses arising out of such claims.
These Terms are governed by and shall be construed in accordance with the laws of Philippines and each party irrevocably submits to the exclusive jurisdiction of the courts in Cebu City Philippines in respect of any dispute arising out of these Terms and/or any Agreement for the purchase of Products through the Online Store.
If we fail, at any time during the term of the Agreement, to insist upon strict performance of any of your obligations under the Agreement or under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Agreement, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions contained in these Terms or in an Agreement will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
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