Thank you for accessing, using, and/or downloading our online service, website and app (collectively the Service and/or the Site, www.ShopLite.com, and/or the App). The following terms and conditions (hereinafter the Agreement) constitute an agreement between ShopLite (“we”, “us” or “our”) and you (“you”, “your” or “User”). By using the Service, you agree in full to the Agreement. If you do not wish to agree to these terms and conditions, you may not use the Service, the Site and the App in any way and must refrain from using it.
1.1 The Services are provided by ShopLite Ventures Philippines Inc., consisting of, among others, information services, content and transaction capabilities, and offering retail items and services for sale on the Site or the App (hereinafter referred to as Products) with flexible instalment payment terms.
1.2 This Agreement sets forth the terms and conditions that apply to the use of the Site, the App and the Service by you. By availing of our Services, and using and/or downloading the Site and the App (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof. The right to avail of our Services and use the Site and the App is personal to you and is not transferable to any other person or entity.
1.3 You acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond our control, and we shall not be responsible for any data lost while transmitting information on the Internet. You shall also be responsible for obtaining and maintaining access to the Site, the App and the Service, all telephone, computer hardware and other equipment needed for access to and use of the Site and the App and all charges related thereto. We shall not be liable for any damage to your equipment resulting from the use of the Site, App and/or the Service.
1.4 We shall have the right at any time to change or discontinue any aspect or feature of the Site, the App or the Service, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, we may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics.
2. Eligibility and Membership
2.1 The Service as offered on the Site and the App is not available to minors under the age of 18, or to persons who do not have the legal capacity to enter into contracts under applicable law, or to any users suspended or removed from the system by us for any reason. Those who have been convicted of any crime, including violation of anti-cybercrime related laws, or any other law analogous thereto, may not use the Site, the App and/or the Service. If you do not qualify, you may not use the Site, the App and/or the Service.
2.2 To gain access to and use some portions and features of the Service, you will need to register as a member, and/or be granted access by us, at our sole discretion. Registering as a member requires you to expressly signify your acceptance of the Agreement.
2.3 You are required to provide information about yourself that is true, accurate, current and complete. If you furnish information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete) or if we suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your membership, at our sole discretion, and to demand immediate payment and settlement of any amount/s that may be due from you.
2.4 You are responsible for maintaining the confidentiality of your account and password on the Site and the App, and for restricting access to your account. You are solely responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or breach of security. You shall be bound by and agree to fully indemnify us against any and all losses or damage attributable to the use of the Service, the Site and/or the App that originates from your account and password.
2.5 You shall not use your ShopLite membership for any purpose competitive to or against the interests of ShopLite.
2.6 Unless you cancel your order within an allowable period to be determined by us, acceptance of your order will be perfected upon our email to you acknowledging and confirming your order. We will then dispatch the goods to you, at which time you will receive another email or similar notification containing your tracking number, and confirming that your order has been dispatched. You may also expect several other emails and SMS from us regarding your order. You will be required to sign the Purchase of Goods on Installment Agreement, or similar contract, when you receive the goods you have ordered.
2.7 ShopLite reserves the right not to accept your order in the event that we are unable to obtain authorization for payment, shipping restrictions apply to a particular item, the item ordered is out of stock, or does not satisfy our quality control standards. Further, we may refuse to process an order at any time for any reason at our sole discretion.
3. User Conduct
3.1 Use of the Site, the App, and the Service must comply with this Agreement and with applicable laws, rules and regulations. Although we welcome and encourage user interaction on our Site and/or App, such interaction and activity must be for lawful purposes only. We are under no obligation to review any messages, information or content posted on the Site and App by other users and assume no responsibility or liability relating to any such postings. Notwithstanding the above, we may from time to time monitor the postings on the Site and App and may decline to accept and/or remove any email or postings.
3.2 You shall not post or transmit through the Site and/or App any material which:
3.3 Any conduct by you that in our exclusive discretion restricts or inhibits any other user from using or enjoying the Site and/or App is strictly prohibited.
3.4 You shall not use the Service, the Site and/or the App for any illegal purpose. You shall likewise not attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Site and/or the App.
4. Purchase of Goods from ShopLite and Product Description
4.1 We operate on a first-come, first-served basis policy. Therefore, items may currently appear on the Site and/or on the App but can be purchased by another customer who was first able to complete the check-out and payment procedures, or be out of stock before you complete the check-out and payment procedures. We may also need to confirm the availability of stock for your purchased item after you complete your check-out and payment procedures, since information from our sources and suppliers may not always be up-to- date. Any stock from cancelled orders go back to the Site and/or the App the next day and may be purchased by you or any other customer subject to the completion of our check-out and payment procedures. You shall be responsible for ensuring the accuracy of the information you provided in the Order.
4.2 Once your application has been placed, we will examine the same and, if we find it to be satisfactory, you will receive an Account Approval email or similar notification, provided that you provided complete and accurate information during checkout. In this email/ notification you will need to confirm your account, if you have not previously done so and/or it is your first purchase on the Site or the App. After we have verified your order and approved your mode of payment, an Account Verification email or similar notification will be sent to you. We will then process your order. Once processed, you will receive an Order Confirmation email or similar notification which will state the delivery date/time that your order will be sent.
4.3 If you intend to pay for a product on an instalment basis, you must first comply with our application and approval process. In this regard, you grant us the right to conduct a credit investigation as to your financial capacity to purchase the product. You shall also be required to sign and execute a Purchase of Goods on Installment Agreement (or Purchase Agreement, or other similar contract) at the time of delivery of the item you purchased. You acknowledge that ShopLite has full right and discretion to approve or reject your application to purchase products on instalment basis, and assuming your application is approved, to determine the instalment terms applicable to your transaction/s.
4.4 ShopLite may, in its sole discretion, choose to accept or decline your order for any reason. For orders that were not processed or that were cancelled, ShopLite will either not charge you, or refund you the total billed amount. The preceding actions shall be applied to the rightful person(s) in cases of fraud.
4.5 ShopLite takes extra measures to provide you with accurate information on products we offer on the Site and the App. ShopLite does not guarantee, however, that the information is error-free, current, complete, or reliable.
4.6 Inventory levels fluctuate from day-to-day. In rare cases, you may have been able to place an order online for a product portrayed as having stock, but once we attempt to process find out that the product is sold out. In cases like these, we will notify you via email or through other similar communication.
4.7 We try to display the colors of products as accurately as possible on the web site. We cannot guarantee, however, that your computer monitor’s or device’s display of colors will be true to life.
5.1 All prices appearing on the Site and/or the App are inclusive of government-imposed taxes. ShopLite tries to advertise the most accurate and up-to- date pricing information on the products offered on the Site and/or the App. We cannot, however, warrant against pricing error. If you have placed an order for a product whose price was posted incorrectly, we will either not process or cancel your order. Should this happen, we will notify you via email or other similar form of communication.
5.2 Each product featured on the Site and/or the App may have different payment terms and payment options (such as instalment payment), and not all payment terms and options will be applicable for a certain product. The appropriate payment term and payment option will be determined by us and subject to our sole discretion. You shall not have the right to demand a particular payment term or payment option for a product/s you wish to purchase.
6. Shipping and Delivery for Purchases from ShopLite
6.1 Delivery of the Products shall be made to the address you specify in your Order, by us, or our authorized third party service provider/s.
6.2 Once your order has been packed and prepared, you will receive a Shipment Notification email or other similar communication to let you know that your package is about to leave our warehouse, indicating the estimated arrival date of your package. For Cash Pickup, you will receive an email with instructions containing pertinent details (e.g. AM/PM schedule, exact amount to be paid, delivery address).
6.3 You must personally receive your package – you cannot designate an authorized representative in the Site/Checkout page or the App to receive delivery, whether your purchase is on installment or full payment.
6.4 When the order is received, and you have chosen to pay on an installment basis (and assuming this has been approved by ShopLite), you are required to sign the Purchase on Installment Agreement or similar contract and the Delivery Receipt acknowledging that the items were received in good condition, and to present a valid government issued ID. Failure to sign the Delivery Receipt shall raise the presumption that the items were shipped and received by you in good, working, and acceptable condition. If, on the other hand, you fail to sign the Purchase on Installment Agreement or to present a valid ID, the goods shall not be released to you.
6.5 Any guarantees made as to delivery times are subject to delays resulting from unforeseen events or force majeure.
6.6 If you fail to take delivery of the Product/s, or refuse acceptance, then without prejudice to any other right or remedy available to us, we may terminate this Agreement and/or the Purchase of Goods on Installment Agreement or similar contract, as the case may be, and charge you for any costs and/or damages incurred.
6.7. Risk of damage to or loss of the Products shall pass to you at the time of delivery, or if you wrongfully fail to take delivery of the Products, the time when ShopLite has tendered delivery of the Products.
7. Payment, Interest Charges, and Fees
7.1 You may pay for the Product using any of the payment methods prescribed by us from time to time. When you place an Order, actual payment will only be charged upon our acceptance of your Order or, if you have chosen the instalment option, upon your signature and due execution of the Purchase of Goods on Installment Agreement or similar contract. You may authorize, in writing, another person to make payment on your behalf.
7.2 You shall be bound and be solely liable for your chosen/preferred payment method. You may not claim against us for any failure, disruption or error in connection with your chosen payment method.
7.3 ShopLite reserves the right to modify or discontinue, temporarily or permanently, any payment method without notice.
7.4 If you fail to make any payment pursuant to the terms and conditions of the payment method elected, or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available, we shall be entitled to cancel the Purchase on Installment Agreement or similar contract, suspend delivery of the Product/s until payment is made in full, or demand the return of the Products.
7.5 If your purchase is on instalment, the terms and conditions of the Purchase Agreement, particularly on interest charges and fees, shall govern. Any price shown shall be deemed to include interest, fees, and other charges, unless otherwise explicitly stated. Payments made shall first be applied to the instalment amount due, then to any penalties and charges for late payment and any rescheduling fees, then to any legal or collection agency fees. Any overpayment made on any instalment payment or to any penalties or charges shall be credited to the next instalment amount due. You have the one-time option to pay in full the instalment purchase price (which is inclusive of all interest and fees), subject to our approval and acceptance.
7.6 If your purchase is on instalment, you expressly agree that any payment to ShopLite for the purpose of settling any installment amount shall be applied to the installment amount or such other amount that fell due earlier.
7.7 If you have made more than one purchase from ShopLite, ShopLite may apply any excess payment received from you towards any of your other outstanding obligations to ShopLite.
7.8 If you have chosen the cash pick-up option for your installment payments, you may reschedule the pick-up until 12 noon of the day before the agreed upon schedule by emailing email@example.com. Any rescheduling communicated through other channels (i.e., mobile, chat, FB, etc.) will not be accepted. Any rescheduling done after the above-period will be subject to a rescheduling fee of Php 50.00. Unsuccessful pickups (where we agreed on a scheduled date and time but no payment was made or received) will also be subject to the rescheduling fee of Php. 50.00. Any fees imposed shall be added to your next monthly installment due, or if there is none, will be billed to your account separately.
8. Returns, Repairs, Replacements, and Refunds
8.1 All returns must be done in accordance with our Return Policy, or such other terms and procedures as we may from time to time implement; otherwise we shall not be obliged to accept any item/s returned.
8.2 You must notify ShopLite within five (5) days from receipt of the item of your intent to return the same. Return of items purchased shall only be valid in the following instances:
8.3 As an alternative to returning faulty or damaged Product/s, you may request for a repair or replacement of such Products, which shall be irrevocable upon notification of the request to ShopLite and you may not later elect for a return.
8.4 Where the Product/s have not been repaired or replaced within a reasonable time, we may, at our sole discretion, grant to you a reduction of the price in proportion to the reduced value of the Product/s, provided that under no circumstance shall such reduction exceed twenty percent (20%) of the price of the affected Product/s.
8.5 Upon repair, replacement, or price reduction being made, you shall have no further claim against us.
8.6 When we have provided replacement Product/s or given you a refund, the damaged or defective Product/s or parts shall be shipped back to us, if we request, at our expense.
8.7 Risk of damage to or loss of the Products shall pass to you at the time of delivery, or if the Customer wrongfully or baselessly fails to take delivery of the Products, the time when we have tendered delivery of the Product/s.
8.8 In cases where the customer refuses to take possession of the product without sufficient cause or justification, despite several attempts at delivery and tender, we will safely keep the item for a period of fifteen (15) days from the date that we attempted to deliver the product. After the said period, the customer is deemed to have fully refused the product, which then gives us the absolute right to dispose of the product or item, and to consider any payment/s made to us as damages in our favour.
8.9 In cases where the customer wrongfully or baselessly returns a product, we will safely keep the product for a period of fifteen (15) days, reckoned from the date we receive the product from the customer. After the said period, the customer is deemed to have fully refused the product, which then gives us the absolute right to dispose of the product or item, and to consider any payment/s made to us as damages in our favour.
9. Copyright and Trademarks
9.1 The Service, the Site and the App, and every material and proprietary information therein, including but without limitation to, software, designs, images, photographs, text, graphics, illustrations, logos, patents, copyrights, trademarks, service marks, audio, video, music and all other intellectual property rights related thereto, including all code in the web site (collectively “ShopLite Content”), is the exclusive property of ShopLite or used with express permission of the copyright and trademark owners.
9.2 Use of ShopLite Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You agree not to reproduce, distribute, sell, license, rent, modify, transmit, publish, adapt, edit or create derivative works from ShopLite Content and all materials accessible on the Service and/or the Site and/or the App. Violation of this policy may result in civil and/or criminal penalties, and all appropriate legal action which we can take.
9.3. You grant ShopLite a non-exclusive license to use the materials or information that you submit to the Site and/or the App, including but not limited to, questions, reviews, comments, and suggestions (collectively, “User Content”). When you post comments or reviews on the Site and/or the App, you also grant us the right to use your account name in connection with the same. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any submissions. ShopLite may, but shall not be obligated to, publish, remove or edit your submissions.
10. Waiver and Cumulative Rights
10.1 No failure or delay by us in exercising any right or remedy accruing to it upon any default or delinquency by you under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of any such default or delinquency thereafter occurring, nor shall a waiver of any single default or delinquency be deemed a waiver of any other default or delinquency thereafter occurring, nor shall any single or partial exercise of any such right or power preclude any other or further exercise of any other right or power under the Agreement.
10.2 All rights, powers or remedies, either under the Agreement or otherwise, afforded to us shall be cumulative and not alternative and shall be in addition to and not in substitution for and in derogation of the rights, powers and remedies conferred by law. No notice to or demand upon you in any case shall entitle you to any other or further notice or demand in similar or other circumstance.
11. Disclaimer of Warranties
11.1 The Service, the Site, the App, ShopLite Content, and any product you purchase through the Service are delivered on an “as-is,” “as available,” and “with all faults” basis.
11.2 To the fullest extent permitted by applicable law, we disclaim any and all warranties of any kind, whether express or implied, including but not limited to, implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement.
11.3 ShopLite does not warrant the Service, Site and App will be uninterrupted, secure or error- free, that any defects will be corrected, or that the Service or the servers that make the Site or the App available will always be free of viruses or other harmful components
11.4. ShopLite does not warrant the security of any information transmitted by you or to you through the Services, the Site, and/or the App, and you accept the risk that any information transmitted or received through the Services, the Site and/or the App may be accessed by unauthorized third parties and/or disclosed by ShopLite to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
12. Limitation of Liability
12.1 Without limitation of anything else set forth in this Agreement, ShopLite further limits its liability in connection with your availment of the Service, and use of the Site and/or the App as set forth in this Section.
12.2 Under no circumstances shall ShopLite, its officers, directors, employees, or agents be liable to you for any direct or indirect loss or damages of any kind, including, without limitation, for any special, indirect, incidental, exemplary, economic, punitive, or consequential damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if foreseeable or even if ShopLite has been advised of the possibility of such damages), that are directly or indirectly arising out of or related to:
12.3 In addition, ShopLite's liability to you for direct damages for any claim related to any of the foregoing shall be capped at the amount which you have actually paid to ShopLite in conjunction with the purchase under which such claim first arose.
12.4 If any jurisdiction does not allow the exclusion or the limitation of liability for direct, consequential or incidental damages, in such jurisdiction, ShopLite's liability, and the liability of its officers, directors, employees, and agents shall be limited to the extent permitted by law.
12.5 ShopLite, its officers, directors, employees, or agents are not responsible for any damage to any user's computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
12.6 Your access to and use of the Service, Site and/or the App is at your own risk. If you are dissatisfied with the Site, the App and the Services, your sole and exclusive remedy is to discontinue accessing and using the Site, the App and the Services.
12.7 You recognize and confirm that if you incur any damages, losses or injuries that arise out of ShopLite's, or its officers', directors', employees', or agents', acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Site, the App, and the Services.
You agree to defend, indemnify and hold harmless ShopLite, its affiliates, officers, directors, employees, agents, suppliers, from and against any and all fines, penalties, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ and experts’ fees) arising out of: (1) your use and access of the Service, the Site and the App; (2) any product you purchase from the Service, the Site and the App; (3) your violation of any term in this Agreement; (4) your violation of any third-party right, including without limitation any right of privacy or intellectual property right; and (5) fraud you commit, or your default, breach, intentional misconduct or gross negligence.
14. Electronic Communication
14.1 When you use any ShopLite service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically.
14.2 We will communicate with you in a variety of ways, such as by e-mail, text, in- app push notices, private messaging applications on social media sites, posting of notices or messages on the Site, or through the other ShopLite services. 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.
15. Modified Terms
15.3 It is your sole responsibility to check the Site and the App from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease availing of our Services and using the Site and the App. Your availment of the Services, and use of the Site and/or the App, after any modifications to the Agreement indicates that you agree to such modified Agreement.
15.4 Any changes to this Agreement (other than as set forth in this paragraph) or waiver of ShopLite's rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of ShopLite's Director/s. No purported waiver or modification of this Agreement by ShopLite via telephonic or email communications shall be valid.
Apart from the grounds for termination mentioned above, ShopLite may, in our sole and absolute discretion, upon giving you notice, terminate your use of and/or access to the Services, the Site, and/or the App, and/or disable your account.
17. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines.
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall first be referred to and finally resolved by arbitration in accordance with the Rules of the Philippine Dispute Resolution Center, which Rules are deemed incorporated by reference into this clause. The seat or legal place of arbitration shall be Taguig. The language to be used in the arbitral proceedings shall be English. Any arbitration award shall be final and binding upon the Parties, shall be the exclusive remedy between the Parties, and may be enforced by judgment of a competent court having jurisdiction.
19. Entire Agreement and Severability
This Agreement shall constitute the entire agreement between you and ShopLite concerning the Service and/or the Site, and/or the App. If any provision of this Agreement is deemed invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.