Terms and Conditions

  1. Tabacalera.com.ph Terms and Conditions








  1. Tabacalera.com.ph Terms and Conditions


    Tabacalera.com.ph ("Tabacalera Incorporada" "we" "us") website(s) (our "Site" or "Sites") and related services are made available to you pursuant to the following Terms of Use & Service and any other rules posted on our Sites (collectively, the "TOS"). Please read the TOS carefully before placing any orders on tabacalera.com.ph. We recommend you should keep a copy of the TOS for future reference.

    In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 18, you must let your parent or guardian know about tabacalera.com.ph's Privacy Policy before you register to use this Site or any of this Site's services. We reserve the right to only accept orders from those over 18 however.

    We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law.

     

    REGISTRATION

     

    To use some of the services or features made available to you on this Site, you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address sales@tabacalera.com.ph. You may also want to view our Privacy Policy. We may change registration requirements from time to time.

     

    ELIGIBILITY TO PURCHASE

     

    In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Customers ust also be 18 years old and above. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

    The Site is available but not limited to individuals and others who meet the tabacalera.com.ph terms of eligibility, who have been issued a valid credit card by a bank acceptable to tabacalera.com.ph, whose applications are acceptable to tabacalera.com.ph and who have authorized tabacalera.com.ph to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. tabacalera.com.ph reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

    By making an offer to purchase merchandise, you expressly authorize us to perform credit checks and, where tabacalera.com.ph feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.

    Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

    Please refer to our Privacy Policy for further information about how we use your data.

     

    ORDERS

     

    All orders are subject to acceptance and availability.

    Tabacalera.com.ph offers products for sale that are in stock and available for dispatch from our factory. Occasionally, however, we may be waiting for  some produts to be manufactured. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once stock is ready.   Your rights regarding Advance Purchase are the same as those for any other purchase at Tabacalera.com.ph. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not yet in stock.

    If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.

    Please note that items in your shopping basket are not reserved and may be purchased by other customers.

     

    PRICING POLICY

     

    Prices shown on the Site are in USD and are inclusive of VAT at the applicable rate.

    All prices and offers remain valid as advertised from time to time. The USD price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.

    Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.

    Customers purchasing from Tabacalera.com.ph will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly by the courier like EMS, DHL, FEDEX, AIR21 or an import broker appointed by you, We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

    If you are a customer whose credit card is not denominated in USD, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.

     

    ACCEPTANCE OF YOUR ORDER

     

    Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

    Unless you cancel your order, acceptance of your order and completion of the contract between you and Tabacalera.com.ph will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in the Philippines where our operation center is located and the language of the contract is English.

    We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

    We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

     

    PAYMENT

     

    Payment can be made by Visa, Visa Electron, American Express, Delta, and Maestro debit cards and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by Tabacalera.com.ph. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Tabacalera.com.ph, we will not be liable for any delay or non-delivery.

    We take all reasonable care to make our Site secure. All credit card transactions on this site are processed using Paypal.

    To help ensure that your shopping experience is safe, simple and secure Tabacalera.com.ph uses Secure Socket Layer (SSL) technology.

    Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

     

     

    TRACKING YOUR ORDER

     

    You can check the current status of your shipment by signing into your account and selecting MY ACCOUNT. Click on the “View Button” of your Order ID/#, you’ll find your tracking number there.

    Tabacalera.com.ph will store a record of your transactions for a minimum of one year.

     

    RETURNS AND EXCHANGES

     


    As a matter of policy, we accept returns for products on a case to case basis. In the event that you have purchased a product from Tabacalera.com.ph with a flaw, for fastest service, we advise you to email us at sales@tabacalera.com.ph for assistance. 

    All items sold in Tabacalera.com.ph goes through our quality control procedures. We inspect every item before it is shipped, and all goods are shipped fully insured in case of loss or damage. Because we feel that we offer the highest quality products at the best prices, and we inspect and pack all our orders with care, we think you will be extremely satisfied with your purchase.

    Upon completion of the inspection process, a Tabacalera.com.ph representative will contact you by phone and email to advise you of the results of your product claim.

     

    GUIDELINES FOR PRODUCT RETURNS FOR MATERIAL AND WORKMANSHIP FLAW:

     

    • Any product returned must have been purchased from Tabacalera.com.ph Web Store.
    • We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our operations center. In case of dispute, we also recommend you retain proof of sending.
    • A dated sales invoice must be returned with the product claim to receive inspection.
    • Returns do not include shipping postage. If you refuse the order, you will be charged for all shipping, delivery and storage incurred.
    • All returned merchandise must be in original condition.

     

    If your claim is approved, we will issue you a product replacement or a Store Credit at the sole discretion of Tabacalera.com.ph. 

     

    INSPECTIONS AND STORE CREDIT REDEMPTION:

     

    • If your product is deemed to have a manufacturing flaw, you will receive a Store Credit for the suggested retail value of that product, to be used at Tabacalera.com.ph only.
    • Store Credit may be redeemed through Tabacalera.com.ph only.
    • Store Credit are nontransferable and are not redeemable for cash.
    • Store Credit cannot be used to purchase Tabacalera.com.ph Gift Cards.
    • Store Credit value will equal Tabacalera.com.ph suggested retail price of the item returned.
    • Upon Store Credit redemption, the order total includes the price of the product(s), any applicable sales tax, and shipping charges. If the order total exceeds the voucher amount, the remaining balance must be paid for by credit card or any online payment gateway.
    • Tabacalera.com.ph reserves the right to suspend or cancel any issued Store Credit vouchers that are associated with a violation of its policies. Tabacalera.com.ph reserves the right to refuse, cancel or hold for review vouchers and orders for suspected fraud, or for vouchers mistakenly issued in an incorrect denomination. In addition, Tabacalera.com.ph reserves the right to void any Store Credit Vouchers and/or recycle products associated with previous fraudulent or abuse of the claim process.
    • Tabacalera.com.ph is not responsible for lost or stolen product that has been denied and returned to the customer.

     

    WEB STORE GUIDELINES FOR PRODUCT EXCHANGES AND REFUNDS :

     

    • Any product returned for exchange or for refund must have been purchased from Tabacalera.com.ph Web Store.
    • Items may be exchanged within seven days from the time that you have received the item.
    • Items may be exchanged with other items for sale in Tabacalera.com.ph.
    • The shipping fee for the original item will not be refunded and the shipping fees for the new item and the item to be exchanged will be shouldered by the buyer.
    • We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our operations center. In case of dispute, we also recommend you retain proof of sending.
    • A dated sales invoice must be returned with the product.
    • All merchandise must be unopened and in original condition.
    • All merchandise must be returned in the condition they were received and in original packaging.

     


     

    OUR POLICY FOR PRODUCT EXCHANGES AND REFUNDS :

     

    • Items should be returned new. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.

     

    INTELLECTUAL PROPERTY RIGHTS

     

    Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and any other intellectual property and material rights relating to the Content (as described in the Content section below), including Tabacalera.com.ph Software and all HTML and other code contained in this Site. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by Tabacalera.com.ph and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

     

    CONTENT

     

    In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Tabacalera.com.ph tries to ensure that the information on this site is accurate and complete. Tabacalera.com.ph does not promise that Tabacalera.com.ph Content is accurate, error-free. Tabacalera.com.ph does not promise that the functional aspects of the Site or Tabacalera.com.ph Content will be error free or that this Site, Tabacalera.com.ph Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

     

    NO COMMERCIAL USE

     

    This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

     

    YOUR ACTIVITY

     

    You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

     

    THIRD PARTY SITES

     

    We may include hyperlinks on this Site to other websites or resources operated by parties other than Tabacalera.com.ph, including advertisers. Tabacalera.com.ph has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

     

    YOUR RIGHTS

     

    You have certain rights under the law. These include, in Philippines:

    1. That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
    2. Certain remedies if a product is defective; and
    3. A right to exchange any order for a product within seven working days commencing on the day after the date on which you receive it.

     

    Nothing in the TOS is intended to affect these rights.

     

    LIMITS ON OUR LIABILITY

     

     

    If Tabacalera.com.ph breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and Tabacalera.com.ph at the time of you placing your order, and Tabacalera.com.ph dispatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased.

     

    We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

     

    We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events which beyond our reasonable control.

     

     

    COMPENSATION

     

    At our request, you agree to compensate us fully, defend us and hold us Tabacalera.com.ph harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

     

    OUR RELATIONSHIP

     

    You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Tabacalera.com.ph as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Tabacalera.com.ph, and we shall not be liable for any representation, act, or omission on your part.

     

    NO WAIVER

     

    If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

     

    GOVERNING LAW

     

    The TOS together with all our policies and procedures will be governed by and construed in accordance the relevant Philippine law and the relevant courts of the Philippines will have exclusive jurisdiction.



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