Terms and conditions for goods sold by TLOGIC Technology on tlogictech.net
These terms and conditions apply to all your purchases from tlogictech.net. They contain very important information about your legal rights and obligations, including legal limitations and exclusions that apply to you. By placing an order for any product from TLOGIC (“tlogictech.net”), you (“Customer / Consumer”) agree to be bound by the terms and conditions listed below. You and tlogictech.net agree that the following terms and conditions are the exclusive terms governing the sales transaction between the Customer and tlogictech.net. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from tlogictech.net.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.
1. Definitions
In these Terms and Conditions:
“Account” means a personal account created by you on the Website;
“Additional Delivery Charges” has the meaning given in Section 3.4;
“Delivery Charge” has the meaning given in Section 3.3;
“Delivery Options” means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery or same day delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option;
“Order” means an order for Goods, placed on the Website;
“Password” means the password needed to access your Account;
“Selected Delivery Option” has the meaning given in Section 9.7; and
“Website” means tlogictech.net.
2. Your legal rights
You purchase of goods come with guarantees that cannot be excluded under RA 7394 (Consumer Act of the Philippines of 1991). You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
3. Pricing and delivery charges
3.1 Prices for Goods are as shown on the Website.
3.2 TLOGIC reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by TLOGIC.
3.3 In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.
3.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). If you live in an area to which an Additional Delivery Charge will apply, TLOGIC will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, TLOGIC will cancel your Order. TLOGIC will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.
3.5 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, and Additional Delivery Charge.
3.6 All prices and Delivery Charges and Additional Delivery Charges quoted are in Philippine pesos.
4. Your Account
4.1 If you do not already have an Account you will need to create one before placing an Order, unless you utilize the “Guest Checkout” feature of the Website.
4.2 You may not set up an Account for someone else.
4.3 Please ensure that you enter all information carefully when creating an Account. You warrant to TLOGIC that all information provided by you in relation to your Account is complete, true and accurate.
4.4 You must notify TLOGIC immediately if you become aware of any actual or potential unauthorized use of your Password or Account.
4.5 Except to the extent otherwise required by law (including, without limitation, the Philippines Consumer Law), TLOGIC will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (a) your Account information being incomplete or inaccurate; or (b) any unauthorized use of your Password or Account which takes place before you notify TLOGIC, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
4.6 If TLOGIC suffers any loss, damage, cost or expense as a result of any unauthorized use of your Password or Account which takes place before you notify TLOGIC then you must pay TLOGIC the amount of that loss, damage, cost or expense if TLOGIC asks you to.
5. Orders
5.1 You can place an Order by following the instructions on the TLOGIC website.
5.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge. TLOGIC may accept or reject your offer in its absolute discretion. In particular, but without limitation, TLOGIC may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact sales@tlogic.com.ph.
5.3 Each Order that you place will, if accepted by TLOGIC, be a separate and binding agreement between you and TLOGIC with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
5.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing TLOGIC with their personal information and, by placing an Order, you confirm to TLOGIC that you have done this.
5.5 Please ensure that you enter all information carefully when placing an Order. You warrant to TLOGIC that all information provided by you in relation to each Order is complete, true and accurate.
5.6 Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by TLOGIC. TLOGIC will use reasonable endeavors to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
5.7 Except to the extent otherwise required by law (including, without limitation, the Philippines Consumer Law), TLOGIC will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by TLOGIC, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5.8 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge if applicable) will apply to each Order. TLOGIC cannot consolidate separate Orders into one delivery.
5.9 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: where the goods are being dispatched from different locations; where the Goods are of different types (e.g. a mixture of hardware and software); or where the Goods have different availability statuses. Please note that a Delivery Charge is calculated based on several factors including the Good’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery Option.
5.10 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
5.11 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
5.12 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), TLOGIC will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 7.1.(b) or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
6. After you have submitted an order/payment
6.1 When you submit an Order you will receive an Order reference number via e-mail.
6.2 TLOGIC will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in clause 3.4). Your Order is deemed to be accepted by TLOGIC when TLOGIC does this, however, TLOGIC may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that TLOGIC cancels your Order having already processed payment, it will refund payment in accordance with Section 12.
6.3 When TLOGIC accepts an Order it represents an agreement by TLOGIC to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
6.4 You must pay for Goods by credit card (Visa or Mastercard), certain prepaid payment cards, direct deposit/transfer, e-wallets (PayMaya, GCash or GrabPay). If the name on the credit card/payment card/account does not match the name on the Order, TLOGIC may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card you authorize TLOGIC to deduct the price and the applicable delivery charge(s) from such card.
6.5 TLOGIC reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
6.6 TLOGIC may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, TLOGIC reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
6.7 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
7. Cancellation of Orders
7.1 TLOGIC reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. TLOGIC may do this for example, but without limitation, where:
(a) TLOGIC suppliers are unable to supply Goods that they have previously promised to supply;
(b) an event beyond TLOGIC control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that TLOGIC unable to supply the Goods within a reasonable time;
(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
(d) you ask TLOGIC to cancel your Order in accordance with section 5.6; or
(e) in the circumstances set out in Sections 3.4 or 6.6.
7.2 You may cancel your Order where TLOGIC:
(a) has breached a material term of this Agreement;
(b) is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; or (ii) which was outside TLOGIC’s control including the situations set out in Sections 7.1(a) and (b) above.
7.3 Where TLOGIC cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.
7.4 In the event of TLOGIC or you cancelling your Order after payment has been processed, TLOGIC will refund any money paid in respect of that Order. Section 12 of these Terms and Conditions sets out further information about refunds.
7.5 Except to the extent otherwise required by law (including, without limitation, the Philippines Consumer Law) or as expressly set out in these terms and conditions, TLOGIC will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8. Availability of Goods/Pre-owned stock
8.1 You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. TLOGIC reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Philippines Consumer Law), TLOGIC will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8.2 Goods shown on the Website are pre-owned unless otherwise stated as “NEW”. Pre-owned items are Goods which have a cosmetic blemish or imperfection such as a scratch, dent or rub mark, have had a fault that has now been or are ex-display models. All Pre-owned Stock is in perfect working order and comes with the standard manufacturer’s warranty if still applicable or the TLOGIC standard warranty in addition to any statutory rights which apply.
9. Delivery
9.1 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
9.2 Goods will generally only be delivered to addresses within the Philippines. TLOGIC is unable to deliver to certain parts of the Philippines and where this is the case you will not be able to process your Order through the website.
9.3 Our couriers will not delivery to PO Boxes so a street address will be required for all orders
9.4 Following dispatch of your Goods, TLOGIC will email you with confirmation of dispatch and an invoice for your Order.
9.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either:
(a) take your Goods to our delivery service provider’s branch depots;
(b) re-deliver your Goods to your delivery address at a later date.
You will receive a text message and/or a calling card at your delivery address containing details of the branch depot or contact details for you to arrange for re-delivery of your Goods.
9.6 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, TLOGIC will use reasonable endeavors to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this.
9.7 When you place an Order for Goods to be delivered, you will be required to select one of the available Delivery Options for your Order. An estimated delivery time will be listed for the Delivery Option that you select (“Selected Delivery Option”) for your Order. TLOGIC will use reasonable endeavors to deliver the Goods in your Order by the estimated delivery time for the Selected Delivery Option. If certain Goods in your Order are out of stock, the Selected Delivery Option will list different estimated delivery times for those out of stock Goods. Please note that the estimated delivery time for your Selected Delivery Option is an approximate delivery time only and is not a guaranteed delivery time for your Order.
10. Delay in availability or delivery of Goods
10.1 You agree and acknowledge that:
(a) TLOGIC does not guarantee the dispatch or delivery or availability of Goods within the timeframes set out in Section 9.7, estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your Order or any other timeframes otherwise specified by TLOGIC or any of its staff;
(b) stock availability and events outside TLOGIC control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in-store;
(c) delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and
(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Philippines Consumer Law), neither TLOGIC nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in-store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
11. Refunds of your money
11.1 Where TLOGIC is obliged to refund your payment pursuant to these Terms and Conditions, TLOGIC aims to initiate your refund within 2 business days (Monday – Friday 9 am to 5 pm). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund. Please note that if TLOGIC is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.
11.2 Except to the extent otherwise required by law (including, without limitation, the Philippines Consumer Law), TLOGIC will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
12. Returns/faulty or damaged goods
12.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (a) they are what you ordered; and (b) they are not damaged or faulty. If this is not the case you should contact us as soon as possible.
12.2 If you have a problem with any Goods or otherwise wish to return them please refer to TLOGIC’s Returns Policy which forms part of these Terms and Conditions.
12.3 When returning Goods:
(a) please provide TLOGIC with your proof of purchase;
(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavors to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase.
Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.
12.4 You may not be entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
13. More information about TLOGIC’s liability to you
13.1 To the full extent permitted at law, TLOGIC is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.
14. Privacy
14.1 The TLOGIC policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions
15. General
15.1 TLOGIC reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
15.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
15.3 These Terms and Conditions are governed by the laws of Angeles City, Pampanga, Philippines.
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