TERMS AND CONDITIONS
These Terms and Condition shall apply to all the Users/Customers of palenke.ph Website and all Users/Customers who place orders and process online and/or offline payments to palenke.ph via PISOPAY.COM INC.’s (“Pisopay”) Payment Solution Services (“Payment Website”). Please read these Terms and Conditions, along with Pisopay’s Payment Website Terms and Condition found on www.pisopay.com.ph carefully before transacting/paying any of palenke.ph’s products and/or service via Pisopay Payment Website. Using and processing payment to palenke.ph via palenke.ph’s Website and Pisopay Payment Website means, you understood and accepted these Terms and Conditions.
palenke.ph and Pisopay reserves the right to change its respective Terms and Conditions from time to time, in whole or in part, without prior notice to you. You should check back often so you are aware of your current rights and responsibilities. Your continued use of palenke.ph’s Website and Pisopay Payment Website after changes to its Terms and Condition have been published constitutes your binding acceptance of the updated Terms and Condition. If at any time the Terms and Condition is not acceptable to you, you should immediately cease all use of this websites.
1.1. palenke.ph uses Pisopay, a 3rd Party Payment Service Provider in facilitating payment transaction, order processing and delivery tracking from its customers. Under no circumstances that the first party shall be held liable to the failure or fault of the other party or vice versa, in fulfilling the delivery and completeness of transaction entered by the User to palenke.ph’s Website and/or Pisopay Payment Website.
1.2. Before using the Pisopay Payment Website, users are advice to read carefully Pisopay’s Terms and Condition found in www.pisopy.com.ph which regulates the usage, process and access to the Payment Website managed and operated by Pisopay. Users who uses and process payment transaction for palenke.ph via Pisopay Payment Website are deemed bounded not only by palenke.ph’s Terms and Condition but with Pisopay’s Payment Website Terms and Conditions as well.
1.3. Before using the Payment Website, it is recommended that the user shall make necessary inquiry about the charges or fees payable against the Credit/Debit card used from Credit Card or the Debit Card service provider i.e. the respective Bank and 3rd Party Over-the-counter payment charged by Pisopay.
1.4. The credit/debit card information and personal information supplied at the time of using the Payment Website is processed by Pisopay solely and is not supplied to palenke.ph. It is the sole responsibility of the User of the Payment Website to ensure that the information entered in the relevant fields are correct. User are strongly advice to retain a copy of the transaction slip or sales invoice for record keeping purposes, which might assist in resolution of any disputes that may arise out or usage of the service.
1.5. The Payment Website is provided by Pisopay through a secure website. palenke.ph does not accept or assume any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by the User to the Payment Website.
1.6. The user agrees that palenke.ph or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on palenke.ph’s Website and Pisopay Payment Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond palenke.ph and Pisopay’s reasonable control.
2. CONTENT INFORMATION
2.1. palenke.ph undertakes serious effort to provide accurate descriptions of the products posted by palenke.ph on palenke.ph’s Website and/or Pisopay Payment Website. palenke.ph does not guarantee that such description is accurate, current or free from errors.
2.2. palenke.ph posts variety of material on palenke.ph’s Website and Pisopay’s Payment Website including but not limited to, merchandise information, product descriptions, product images, stocks and product amount (collectively, “Materials”). The Materials that appear on palenke.ph Website and Pisopay Payment Website is for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act and place order on information you have found on palenke.ph’s Website and/or Pisopay Payment Website, you should confirm any facts that are important to your decision. palenke.ph and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information displayed on both websites. Product information contained on the mentioned websites may be different from information contained on the product materials due to manufacturer changes. If you find a product that is not as described, your sole remedy is to return it in unused condition (excluding the products that are not eligible for return).
3. PRICING POLICY
3.1. All prices posted by palenke.ph on palenke.ph’s Website and Pisopay Payment Website are in Philippine Peso subject to taxes, payment fees and delivery charges, if applicable unless otherwise stated. palenke.ph reserves the right to amend the prices at any time without giving any reason or prior notice.
3.2. Unless otherwise stated, any accessories shown in any image of products are not included in the price.
3.3. Prices posted by palenke.ph on palenke.ph’s Website and/or Pisopay Payment Website are subject to change without prior notice. This may be due to the consequence of supplier price changes or due to current market situations. palenke.ph is determined to ensure accurate price information however, errors may still occur and the price of your order will be validated as part of acceptance procedure.
3.4. palenke.ph is determined to provide the most accurate pricing information displayed in palenke.ph’s Website and/or Pisopay Payment Website. However, errors may still occur, such as cases when the price of an item is not displayed correctly on the Site, error in the description of the products on the Site or an error in your order. As such, we reserve the right to accept, refuse or cancel any order made by you for any reason. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged.
4. OFFER TO BUY
4.1. By using palenke.ph Website and Pisopay’s Payment Website, the customer agrees that the items displayed in are mere advertisements that the said goods are offered in palenke.ph stores/branches.
4.2. By clicking the “Buy now”, “add to my cart”, “Process Payment” or other similar website button, customer is effectively submitting his offer to buy that particular item, which palenke.ph may accept or reject.
5. ORDER REQUIREMENTS
5.1. Placing Order Online
a) Customer Name
b) Customer Email Address
c) Customer or Beneficiary Home/Delivery Address
d) Customer Phone Number
5.2. For Delivery Acceptance or Pickup
a) Primary ID-Digitized Government ID (one of the following)
i. SSS/Unified Multi-Purpose ID
ii. Driver’s License
iii. Professional Regulation Commission (PRC) ID
iv. GSIS ID
b) Secondary ID (at least two of the ff.)
i. Voter's ID
ii. Postal ID
iii. Tin ID
iv. Senior Citizen ID
v. NBI ID
vi. Company ID
c) Requirement For authorized representative.
i. Signed authorization letter from registered buyer and/or cardholder.
ii. Clear copy of registered buyer and/or cardholder’s valid ID with photo and signature as listed above.
iii. Clear copy of representative’s valid ID with photo and signature as listed above.
6. ORDER PROCESSING
6.1. Orders processing is from Mondays - Saturdays, 9:00am - 4:00pm (Manila Time). Orders placed after cut off shall be processed the next business day.
6.2. For 3rd party purchases using Credit Cards and other related accounts (e.g. cardholder’s outside the country who want to buy products and have it delivered to their families in the Philippines), additional requirements shall be required. Please refer to details as follows:
a) Cardholder’s signed authorization letter
b) Clear copy of cardholder’s valid ID with photo and signature
c) Clear copy of receiver's valid ID with photo and signature
6.3. For International credit card, an international valid ID shall be required.
6.4. You may be asked to provide additional information or requirement for verification purposes by us or by our Payment Services provider before we accept the order. Verification normally takes 1-2 days after the cardholder completed the requirements. Please be advised that the additional documents required shall be forwarded within 7 days from the date of order.
6.5. Please take note that there are cases wherein an order cannot be processed for several reasons, such as, restrictions on the maximum number of units that a single customer can purchase. palenke.ph has the right to refuse or cancel any order for any of these reasons.
6.6. Once we have completed the verification, we will send you a Confirmation Email.
6.7. Products posted by palenke.ph on palenke.ph’s Website and Pisopay Payment Website are normally available for consolidation within 24hrs after the order has been accepted. If an order will not be available within 24hrs, or is out of stock, customer will be notified thru telephone or email as to when the product will be available. The customer on the other hand has the option to cancel the order without any charges.
7. ORDER ACCEPTANCE
7.1. palenke.ph reserves the right to refuse or cancel any order for any reason at any given time such as but not limited to; limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by Pisopay’s credit and fraud avoidance department. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
7.2. Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If we cannot supply a particular product, we will notify you by telephone or email as soon as possible.
7.3. Please decide carefully in purchasing our products and/or services as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any proposed Orders before processing payment with our Payment Services Provider.
8.1. palenke.ph via Pisopay Payment Website supports and accepts payment using the following payment methods:
a) Credit Card or Debit Card
b) eMoney Account
c) Online Bank Transfer (Bancnet)
d) Over the Counter (OTC) – Cash payment through any of PISOPAY’s accredited payment channels nationwide.
8.2. For OTC payments, if payment confirmation from the generated reference number is not received by palenke.ph via Pisopay within two (2) days, order will be automatically cancelled.
8.3. palenke.ph and Pisopay takes no responsibility and assumes no liability for any loss or damages to the customer arising from wrong 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. palenke.ph and Pisopay reserve the right to check whether the customer is duly authorized to use certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.
8.4. You may not claim against palenke.ph and/or Pisopay for any failure, disruption or error in connection with your chosen payment method. palenke.ph and/or Pisopay reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
9. PAYMENT REFUND
9.1. All refunds shall be made by palenke.ph via the original payment mechanism and to the person who made the original payment, except for Over the Counter, where refunds will be made via bank transfer into the individual’s bank account who place the order provided that complete and accurate bank account details are provided to us or check pick-up on preferred branch and date as scheduled by palenke.ph. Also, all refunds will be deducted with payment, handling and shipping fee incurred on the transaction.
9.2. palenke.ph offers no guarantee on the timeliness of the refunds. The processing of refund payment may take time depending on the guidelines provided by the respective banks and/or Payment Service Provider’s internal processing guidelines. All refunds are conditional upon palenke.ph’s acceptance of a valid return of the item.
9.3. palenke.ph reserves the right to modify the mechanism of processing refunds at any time without notice.
10. DELIVERY AND PICKUP
10.1. Delivery and shipment of orders within the Philippines shall be handled by palenke.ph or its affiliate companies or 3rd party delivery service provider as long as destination is covered by its delivery network. Delivery of the products shall be made to the address you specify in your Order.
10.2. Shipping and Packing charges shall be as set out in the Order.
10.3. Orders are normally dispatched or shall be available for pickup on the third day after the order was accepted; delivery lead time are as follows:
a) 1-3 working days within Metro Manila
b) 5-7 working days for Luzon Area
c) 8-13 working days for Visayas and Mindanao Area
10.4. Upon delivery or pickup of item, the customer should present the following:
a) Confirmation letter
b) Valid ID with photo and signature. (Please refer to acceptable valid ID Listed under Order Requirements)
10.5. In the absence of the customer, an authorized representative may receive the product provided the following will be presented:
a) Confirmation letter
b) Signed authorization letter from registered buyer and/or cardholder.
c) Clear copy of registered buyer and/or cardholder’s valid ID with photo and signature.
d) Clear copy of representative’s valid ID with photo and signature.
10.6. Please observe the guidelines upon delivery or pickup which was mentioned above as there will be no release of item without the confirmation letter, valid ID of registered buyer and/or cardholder, signed authorization letter, if applicable and copy of representative’s valid ID, if applicable.
10.7. palenke.ph and Pisopay shall not be held liable for non-delivery of product due to the following circumstances beyond palenke.ph’s control and its affiliate partners:
a) Unavailability of cardholder or authorized representative
b) Incomplete or incorrect address.
10.8. palenke.ph reserves the right to charge additional delivery fee/s after the first unsuccessful delivery attempt due to unavailability of the receiver. palenke.ph shall wait for customer’s advice before proceeding to the delivery attempt. If delivery failed on the third attempt, the transaction shall be deemed terminated. Delivery fees and other payments made shall be forfeited.
10.9. You acknowledge that delivery of the Products is subject to availability of the Products and that while stock information on posted on palenke.ph’s Website and/or Pisopay Payment Website is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed, palenke.ph will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available. The time for delivery shall not be of the essence, and palenke.ph nor any of its affiliates shall not be liable for any delay in delivery whatsoever caused. In the event you do not receive the Product by the projected delivery date and provided that you inform palenke.ph within 3 days immediately from such projected delivery date, palenke.ph will try to locate and deliver the Product. If palenke.ph does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the Product subject to your rights under Philippine law.
11. ORDER CANCELLATION
11.1. palenke.ph has the right to cancel any orders received for the following reasons:
a) Force majeure of 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 details dispute, incorrect image, working promotion, wrong price among others.
c) Non-compliance to order requirements.
11.2. Should your order be cancelled for whatever reason, you will be duly notified via e-mail by palenke.ph authorized representative. Only a palenke.ph’s authorized representative is allowed to facilitate refund procedure of any payments made to palenke.ph.
11.3. You may cancel the order by the following process:
a) Open the Payment Notification sent by Pisopay in your email.
b) Click “Track my Order” button and login to Pisopay’s Payment Website.
c) Track your order status. If the product is already in transit for delivery, you may not cancel your order.
d) Click “Cancel your Order”.
11.4. A confirmation from Pisopay will be send via email once your order has been successfully cancelled. All applicable fees incur on the transaction shall not be refundable.
11.5. palenke.ph may stop any products in transit, suspend further deliveries to the customer and/or terminate the customer contract with immediate effect by written notice to the customer on or at any time after the product is unavailable for any reason.
12. RETURN AND EXCHANGE POLICY
12.1. Replacement of product due to change of mind is not allowed. Only defective goods can be returned or exchanged.
12.2. If the item was defective, customer shall inform palenke.ph within 7 days. Kindly send us an email at email@example.com or call as at: 02 512365 and a Customer Service Representative will get in touch with you to investigate and provide you with instructions on the matter. In case customer informed palenke.ph later than 7 days, the concern will still be investigated but item replacement will be under manufacturer’s disposition.
12.3. Please note that the item must be in its original delivery condition 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 non-refundable. palenke.ph may charge administrative and handling charges depending on the circumstances of the return.
12.4. Valid reasons for customers to return their purchased product:
a) Item not as advertised - item(s) received is not as expected based on online purchase.
b) Wrong Item Delivered - item(s) received by the customer is not the same product he/she ordered.
c) Damaged Item - item(s) received by the customer may have dents, scratches or any issues that relates to cosmetics quality.
d) Defective item - item(s) received by the customer is not working properly or it has “Factory Defect”.
e) Missing Accessories/Item - Some parts or bundles of the order is missing.
13. ITEM WARRANTY
13.1. The commitment of palenke.ph is to provide support and assistance to customers who would like to avail of the manufacturer’s warranty.
13.2. Kindly ensure to keep the Official Sales Invoice for warranty purposes.
13.3. In case the item purchased online has a problem, customer may contact the Customer Service Hotline at 8 330 0704 or email us at firstname.lastname@example.org for proper instructions.
13.4. All reported items claiming under warranty, are subject to manufacturer’s verification or investigation. Warranty claims will be according to manufacturer’s disposition.
13.5. palenke.ph is not liable for any losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without palenke.ph’s prior written approval; and the customer shall indemnify palenke.ph against all losses arising out of such claims.
13.6. palenke.ph shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment.
13.7. To the extent allowed under Philippine law, palenke.ph shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any.
14. EXCLUSION OF LIABILITY
14.1. palenke.ph shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and any use of or access to any other website or webpage linked to the site, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
14.2. Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the website is entirely at your own risk and we shall not be liable therefor.
14.3. palenke.ph, its affiliates, and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the materials located and posted in palenke.ph’s Website and Pisopay Payment Website.
This Agreement is effective unless and until terminated by either you or palenke.ph. You may terminate this Agreement at any time, provided that you discontinue any further use of palenke.ph’s Website and Pisopay Payment Website which displays palenke.ph products. palenke.ph and/or Pisopay also may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Websites and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Websites in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Websites shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with palenke.ph’s Website and/or Pisopay Payment Website or with any terms, conditions, rules, policies, guidelines in operating the Websites, your sole and exclusive remedy is to discontinue using the said Websites.
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of palenke.ph to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit palenke.ph’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Philippines law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement must be brought in the courts of the Philippines and your consent to the exclusive personal jurisdiction of such courts.
The Website’s users are required to be at least 18 years old, and any user under 18 is considered an unauthorized user. If we learn that a user is under 18 years of age, it is our right to promptly delete any Personal Information we have acquired about the under aged user. palenke.ph also reserves the right to cancel any transactions made by any unauthorized user.
2. PERSONAL INFORMATION
We obtain and store information you enter on our Website or provide to us in any way. The types of Personal Information procured may include your name, email address, gender, zip code, country, IP address, postal or residential address, telephone number, browser information, and, if you make a purchase through our Website or Pisopay Payment Website, you mode of payment, your billing address, and shipping address. Agreement of these terms and conditions gives palenke.ph the permission to view such information for the purposes of viewing, and transactions analysis, customer profiling.
3. AUTOMATICALLY COLLECTED INFORMATION
We may accept and automatically store certain types of information when you interact with our Website or services. palenke.ph automatically receives and registers information on our server logs from your browser including your IP address, cookie information, page requested, and any items you purchase. This information may be used to customize content or to connect with you about specials and new features.
Usage information, such as numbers and frequency of visitors to our site and its components may also be used in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. As part of this use of data, we may provide aggregate information to our partners about how our customers, en masse, use our site. We share this type of statistical information so that our partners also understand how often people use their services and our Website, so that they, too, may deliver an optimal online experience. palenke.ph never discloses aggregate information to a partner in a manner that would identify you personally.
4. EMAIL NOTIFICATION
We may receive email notification when you request and/or process an online transaction from palenke.ph and/or Pisopay Payment Website and we uses this notification to assist and track your placed orders and other concerns in relation to your transactions.
Also, we may receive a confirmation when you open an email from palenke.ph and the company uses this confirmation to help us make emails more interesting, helpful and to improve our over-all service. If you do not want to receive email or other mail from us, simply indicate your preference by making a modification on your account page in palenke.ph’s Website, if available, or by using the “Unsubscribe” feature in any email we send to you.
Cookies are alphanumeric identifiers that we may transfer to your computer’s hard drive through your browser to enable our systems to identify your browser and tell us how and when pages in our site are visited and by how many people. This cookies do not collect Personal Information, and does not combine general information collected through cookies with other Personal Information to tell us who you are or what your screen name and/or email address is.
6. EMPLOYEE ACCESS TO INFORMATION
We limit the access to your Personal Information to those personnel who need to know such information for them to provide your correct products or services or to assist you on your order and/or payment concerns.
7. BUSINESS TRANSFERS
In certain cases, we may choose to buy or sell assets. In these manners of transactions, customer information is typically one of the business assets that are transferred. Furthermore, if part of palenke.ph or substantially all of its assets were acquired, or in the unlikely event that the Company goes out of business or enters bankruptcy, customer information would be one of the assets that are transferred or acquired by a third party. You acknowledge that such handovers may occur and that any acquirer of the Company may continue to use your Personal information as set forth in this policy.
8. PROTECTION OF COMPANY AND OTHERS
We may issue Personal Information when we are certain that release is necessary to comply with that law or any court order; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of palenke.ph, our employees, users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
9. ACCESS TO PERSONAL INFORMATION
palenke.ph permits access to the following information about you to its employees for the purpose of viewing, and in certain circumstances, updating that data. This list may change as our Website or business grows and additional information may be needed.
b) Date of Birth
d) Delivery Address
e) Mobile Number
f) Telephone Number
g) E-mail Address
palenke.ph has no access to credit, debit card and/or any type of bank or eMoney account information submitted by the customer to process payment transaction through palenke.ph’s Payment Service Provider as this information was processed and handled independently by Pisopay Payment Website. palenke.ph reserves the right to deny transactions for failure to comply with foregoing requirements.
11. QUESTIONS AND/OR CONCERNS