Terms and Conditions
These Customer Terms and Conditions ("Terms") establish the arrangement relating to the use of the website https://www.cherryshop.com.ph ("Site") and the contract between us for the sale of products ("Contract") on the Site where we sell products ("Online Store"). These Terms do not cover the sale of our products by third parties to you.
In order to use the Site, including the Online Store, you must first agree to these Terms. You must not use the Site and may not accept these Terms if you are not of legal age to form a binding contract with CHERRY.
Please read these Terms carefully and understand them, before ordering any products through our Site ("Products"). You should understand that by ordering any of our Products, you accept these Terms. You may print a copy of these Terms for future reference.
We reserve the right to amend these Terms from time to time. Whenever you wish to use the Site, please check if these Terms have been updated.
- About Us
In these Terms, "we", "us", "our" or “Gizmobile” means Gizmobile Ventures Inc., a corporation organized and existing under the laws of the Philippines and having its registered place of business at 901 Apacible Street cor. Leon Guinto Street, Ermita, Manila. We are the owner and operator of the CHERRY Online Store through the Site in accordance with these Terms.
We exercise full ownership and control over all pictures, videos, logos, trademarks, sounds, music, artwork and other related contents found on this Site and are protected by applicable intellectual property laws. The contents of this Site shall not in any way be reproduced, duplicated, copied or exploited.
- Any images or photographs of the Products that we put on our Site are for illustration purposes only and actual Products available for purchase in the Philippines may differ from that which is shown. We use reasonable effort to make sure the colors, sizes and details are displayed accurately but errors may occur. In addition, we cannot guarantee that the way in which your computer displays these colors or details accurately reflects the Products made available by us. The Products you receive may therefore vary slightly from those advertised.
- We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information. Any reliance on the material on this site is at your own risk.
- Any packaging that we use to provide the Products to you may vary from time to time.
4. Orders and Availability
- Our order process will permit you to check the Products you have ordered and amend any errors before submitting your respective order. Please ensure that you read through your order before submitting it. For any questions regarding the Product, you may contact our chat support at firstname.lastname@example.org or 0996 817 7000.
- Your order constitutes an offer by you to buy our Products based on these Terms. You are deemed to have placed an order with us by ordering via our online checkout process. We are only deemed to have accepted your offer (and form the contract of sale) when we send you an email confirming your order (“Order Confirmation”). These Terms constitute the entire Contract between us for the supply of Products.
- We may refuse to accept your order or reverse your order:
- if the Product is not available;
- if we cannot obtain proper authorization for your payment;
- if there has been a pricing or Product description error;
if your designated delivery area is considered as out-of-delivery zone, inaccessible or have restricted access;
e. if you do not meet the eligibility criteria set out in clause 5 below.
- The Contract will only be formed when we send you an email that contains the Order Confirmation. The parties to the Contract are you and Gizmobile Ventures Inc.
- The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Product/s which may have been part of your order until the dispatch of such Product/s has been confirmed in a separate Order Confirmation.
- All our Products are subject to availability. If, for any reason, any or all of the Products you have ordered are or become unavailable or there has been an error in the price on our Online Store, we will make reasonable efforts to notify you of this as soon as possible after becoming aware of it and will advise you of the revised delivery dates. In such cases, if you have already paid for the Products, we will either notify you when the Products will be delivered or refund you the amount paid as soon as reasonably possible.
5. Service Availability
We only sell and ship Products within the Philippines. We will not make deliveries outside the Philippines.
By placing an order through our Site, you warrant that:
- you have the legal capacity to enter into binding contracts;
- you are at least 18 years old;
- any information you provide to us is complete and accurate;
- you are a Philippine resident;
- you are purchasing Products in your individual capacity for personal and Philippine domestic, non-commercial use.
- We may also provide links on our Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our Site, or from companies to whose website we have provided a link on our Site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.
- You acknowledge that Gizmobile is not responsible for the availability of, and does not endorse the content of, links to external third-party websites. This DISCLAIMER does not affect your statutory rights against the third party seller.
- You acknowledge that Gizmobile is not liable for any loss or damage that you may suffer as a result of the availability of, or your access to, any external links, including as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such external links.
8. Price and Payment
- The price of the Products will be as quoted on our Site, except in cases of obvious error. Product prices include VAT. Unless otherwise stated upon checkout.
- Product prices and delivery charges may change at any time, but such changes will not affect orders in respect of which we have already sent you an Order Confirmation.
- We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
- We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
- We also reserve the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from our Site. We may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Site or from prices available in our CHERRY stores.
- Payment for all Products must be made using any payment methods available onsite upon “checkout” within the Site.
9. Delivery Location
The delivery address must be located within key cities in the Philippines. We may not be able to deliver to certain locations that have restricted access or considered as out-of-delivery zone. Additional charges may apply on areas considered as out-of-delivery zone.
- We will use LBC as our courier service to deliver the Products to you.
- We will be deemed to have delivered the Product/s to you when we deliver them to the address you gave us when placing the order or signing up to our Site.
- The delivery of your purchased Product/s will take place between Monday to Saturday within normal business hours (except Sundays and public holidays).
Expected delivery of orders shipped via LBC are as follows:
Metro Manila 3 - 5 working days
Luzon 5 - 7 working days
Visayas 5 - 7 working days
Mindanao 5 - 7 working days
Out-of-Delivery Zone (ODZ) additional 5 - 7 working days
Peak Season (Oct-Jan) additional 1 - 2 working days
- For your protection, a receiving signature shall be required for all your Product deliveries. All Product/s deliveries shall be turned over to any person present at the delivery address for signature and receipt.
- We do not allow address changes after an order has been accepted and confirmed by us.
- If you have any questions or need further information, please call us on 0996 817 7000 (Monday to Friday from 9:00 am to 6:00 pm).
- Your order will be shipped once processed and confirmed by our system. A confirmation e-mail will be sent to you with your order details once the Products have been shipped or handed over to our partner courier.
- Risk and Title
Ownership of the Products will only pass to you on the later of either delivery or when we receive full payment of all sums due in respect of the Products, including delivery charges (if applicable).
- Errors and Omissions
Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it. If the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our Site is inaccurate at any time without prior notice (including after you have submitted your order).
- Product Warranties
- Only defective products purchased from our Site can be returned or exchanged within 7 days from the Product’s delivery date to the customer.
- If you believe that your product is defective, please call CHERRY Customer Service via:
Email address: email@example.com
Contact Number: 0996 817 7000
FB: CHERRY Customer Solutions
- If we determine, at our sole discretion, that the purchased Product is defective, you will be eligible to exchange your Product. We reserve the right to test your allegedly defective Product/s.
- If the Product is deemed by our Technical Support NOT to be defective, our standard product warranty will apply. Shipping fees shall be shouldered by the customer.
- If the condition of the Product is misrepresented by the customer, our standard product warranty will apply and we may impose corresponding fees.
Details on warranties applicable to our Products may be viewed at our Warranty Guidelines.
- Exclusion of Warranties
- You may have rights which cannot be excluded, restricted or modified. The exclusions of warranties, and the limitation of liability in clause 14 below, apply subject to any rights you may have under such laws.
- You expressly understand and agree that your access to and use of the Site is at your sole risk and that the Site is provided on an "as is" and "as available" basis. In particular, Gizmobile does not warrant to you that:
- Your access to and use of the Site, including for the purpose of purchasing Products through the Online Store, will meet your requirements (and you expressly acknowledge that you have relied on your own experience, skill and judgment to evaluate the Site and Products and that you are satisfied as to the suitability of the Site and Products to meet your requirements);
- Your access to and use of the Site will be uninterrupted, error free, timely or secure;
- Without limiting the foregoing, and to the extent permitted by law, all express and implied representations, conditions, warranties, guarantees or other provisions that are not contained in these Terms (whether based in legislation, the common law or otherwise) are excluded, including any representations, conditions, warranties or guarantees as to acceptable quality, fitness for purpose or timeliness.
- If any condition, warranty, guarantee or other provision is implied or imposed in relation to the Contract (whether based in legislation, the common law or otherwise) and cannot be excluded (a "Non-Excludable Term"), and Gizmobile is able to limit your remedy for a breach of such Non-Excludable Term, then Gizmobile's liability for such a breach of a Non-Excludable Term is limited to one or more of the following, at Gizmobile's option:
- In relation to goods, the replacement of goods or the supply of equivalent
goods, the repair of goods, the payment of the cost of replacing the goods or
acquiring equivalent goods, or the payment of the cost of having the goods
- In relation to services, the supplying of the services against or the payment
of the cost of having the services supplied again.
- Limitation of Liability
- We will be liable for a failure to comply with these Terms where the breach is one that is committed by us and arises from our negligence following the formation of a Contract.
- Subject to our obligations under the Non-Excludable Terms, nothing in these Terms shall render us liable to indemnify you in respect of any liability of any kind incurred by you to any other person but this is not an exclusion of any liability that may arise by virtue of a breach by us of these Terms or any negligence on our part or that of our employees or agents.
- Subject to our obligations under the Non-Excludable Terms, we will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable by both you and us when you commenced using the Site or Online Store or when a Contract was formed.
- Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the obligations implied by law, or any other matter in respect of which it would be illegal for us to exclude, or attempt to exclude, our liability.
- In no case shall Gizmobile, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site or any Products procured using the Site, or for any other claim related in any way to your use of the Site or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility.
- We will not be liable for losses that result from your failure to comply with these Terms.
- Personal Information
- Availability and Content
- Access to the Site, including the Online Store, is permitted on a temporary basis, and we reserve the right to withdraw or amend the Site without notice. We shall not be liable if, for any reason, the Site is unavailable at any time or for any period.
- From time to time we may restrict access by any one user, groups of users or all users to parts of the Site and/or to our entire Site without notice.
- You are responsible for making all the arrangements necessary to have access to the Site and the Online Store. You are also responsible for ensuring that persons who access the Site and Online Store through your internet connection are aware of these Terms and comply with them.
- While we will make reasonable efforts to ensure that the information on the Site, including on the Online Store, is correct, the material displayed on it is provided without any guarantees, conditions or warranties as to its accuracy, including, but not limited to, information about the Products and prices described on it.
- The Products which are the subject of your order will be determined by the Product description displayed on the Online Store at the time of placing your order. We will make reasonable efforts to ensure that any Product description is a fair representation of the actual Products offered.
- We reserve the right to suspend, modify or amend the Site, including the Online Store and/or the Products offered, at any time.
- Viruses, Hacking and Other Offenses
- You must not misuse the Online Store by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or harmful.
- You must not attempt unauthorized access to the Online Store or the Site, the server on which the Online Store or Site is stored or any server, computer or database connected to the Online Store, or attack the Online Store or Site via a denial of service attack, distributed denial of service attack or other similar means.
- You must not try to apply exploits and abuse vulnerabilities that you may find on the site. Wittingly or otherwise, you must not circumvent defined purchase logic to be able to manipulate your order.
- Doing any or all of the above described activities will result in one or all of the following:
- We will nullify your order and cancel all related activities to your order;
- Your account will be blacklisted; and
- We will seek legal action against you.
- We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Online Store or our Site or downloading any material posted on it or any website linked to it.
- Transfer of Rights and Obligations
The Contract is binding on us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- Force Majeure
We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under a Contract that is caused by “Force Majeure Event”, 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-contractor 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 the Force Majeure Event occurs that affects the performance of our obligations under a Contract, we will notify you as soon as possible and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. We reserve the right to defer the date of delivery of the Products or to cancel the delivery of the Products in the case of any Force Majeure Event or which is beyond our reasonable control and which prevents or hinders the delivery of the Products.
If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, 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 a Contract will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
We reserve the sole right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this Site periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
- Applicable Law
You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to these Terms, unless you notify us to the contrary within seven (7) working days of receipt by you of the Products).
These Terms are governed by and shall be construed in accordance with the laws of Philippines and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Philippines in respect of any dispute arising out of these Terms and/or any Contract for the purchase of Products through the Online Store.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate all existing Contract/s at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
You agree to indemnify, defend and hold harmless Gizmobile and our known subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- Entire Agreement
These Terms and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
- Contact Information