Consent. By accessing or using the Website and its Services, you have read, understood and agreed on the contents of, and bound yourself to comply with, these Terms and Conditions and all other guidelines, notices, rules, policies, instructions and regulations pertaining to the use of this Website and its Services. Your acceptance of these Terms and Agreement constitutes your consent to the Contract of Sale of Goods, should you wish to purchase any of the Goods offered in this Website. If you do not agree to these Terms and Conditions, do not access or use this Website and its Services.
Definition of Terms
Access or Use includes but not limited to browsing, reading, viewing, visiting, using or otherwise interacting with the Website and/or its Services.
Buyer refers to the Registered User who purchases Goods from the Seller.
Goods refer to the products offered by the Seller on sale in its Website.
Personal Account refers to the valid and verified online personal account of a Registered User for the use of the Services of this Website.
Personal Information refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual. (Section 3 (g), Data Privacy Act of 2012) including but not limited to, name, sex, residential/business/delivery address, and other pertinent information regarding his personal circumstances.
Sale refers to the agreement between the Seller and the Buyer for the purchase and sale of goods.
Seller refers to Sweet Avenue Philippines, which is also referred to as “We” and “Us”.
Services include but is not limited to the Website’s online applications, purchase/order services and support tools.
Registered User refers to a User who registered a Personal Account for the use of the Services of this Website.
Third-Party Licensed Courier refers to a third-party licensed courier through which the Goods will be delivered to the Buyer.
User refers to a person of legal age who accesses or uses this Website, which is also referred to as “You” and “Your.
Website refers to the Seller’s website.
Access to and Use of Website and its Services. The access to and use of this Website’s Services on Sale of Goods shall be limited only to Registered Users who have valid and verified Personal Accounts, who are of legal age, and who have the capacity to enter into a contract under the applicable laws. This Website and its Services shall only be used for legal purposes. In this regard, you agree to conduct any activity in relation to the use of this Website and its Services in good faith and in accordance with the law.
Availability of the Website and its Services. We may, from time to time, discontinue, upgrade, update, modify, and/or temporarily suspend, the Website and any or all of its Services, and/or your Personal Accounts. In line with this, we shall not be liable if any such discontinuance, upgrade, update, modification, and/or temporary suspension, prevents you from accessing the Website and/or any or all of its Services, and/or your Personal Accounts.
Limitations, in General. See Disclaimer Policy and Privacy Policy. In addition to the limitations contained in the Disclaimer Policy and Privacy Policy, we do not warrant that this Website and its Services will be uninterrupted, secure or free from errors or omissions, or free from virus, malicious and/or corrupting software, codes and the like.
User, Registered User, and Buyer Representations, in General.
You warrant that all Personal Information you provide is true, accurate, and complete.
You have the legal capacity to enter into a contract under applicable laws.
You shall only use this Website and its Services for lawful purposes and only through or by lawful means.
You will access or use this Website and its Services in good faith and in accordance with the applicable laws and rules and regulations.
Prohibition and Restrictions, in General.
In using this Website and its Services, you agree not to use any means or resort to any act in violation of the law, its rules and regulations, and other applicable lawful orders.
You shall not use this Website and its Services through or by unlawful, unethical and/or unauthorized means.
You shall not use this Website and its Services for unlawful, unethical and/or unauthorized purposes.
Violation of these Terms and Conditions, in General. We have the right and discretion, after due notice, to suspend and/or deactivate your Personal Accounts, cancel any transactions, and refuse any and all future use or transaction with this Website and its Services for any violation of any of the provisions of these Terms and Conditions.
False, Inaccurate, or Incomplete Personal Information. If you provide any Personal Information that is false, inaccurate, or incomplete, we have the right, after due notice, to suspend or deactivate your Personal Account, cancel any transactions, and refuse any and all future use of this Website and its Services. You shall be liable for any delay, damage and/or loss attributable to such false, inaccurate or incomplete Personal Information.
Intellectual Property. The Intellectual Property in the Website and its Services are owned, licensed and/or controlled by us. Intellectual Property pertaining to third-party Goods shall be owned, licensed and/or controlled by their respective third-party suppliers, manufacturers and producers. Authority to use intellectual property is deemed given only insofar as necessary for the purposes of the website. There shall be no transfer of ownership of intellectual property unless expressly agreed upon in writing.
Privacy Policy, Copyright Notice, Disclaimer Policy and Other Policies and Notices in this Website. These Terms and Conditions are subject to all other notices, information, policies and instructions in this Website, including but not limited to Privacy Policy, Copyright Notice, and Disclaimer Policy which shall form part of these Terms and Conditions.
Limitation of Liability. The Seller shall not be liable for any lost profit, or any indirect or consequential damages, in any form, arising from these Terms and Conditions, or from the access or use of this Website and its Services.
Right to Monitor and Investigate. In order to determine compliance with the Terms and Conditions, we have the right to monitor and/or investigate, through this Website, any activity concerning your access to and use of this Website and its Services.
Contract of Sale; Terms and Conditions of Sale. In purchasing or ordering the Seller’s Goods, the Buyer hereby consents and agrees to the following Terms and Conditions of Sale, in addition to the Terms and Conditions in general and other policies and notices in this Website, which shall constitute the Contract of Sale between the Seller and the Buyer:
Seller’s Representations and Warranties.
“As Is” and “As Available” Basis. The Services and/or Goods on this Website are provided on an “as is” and “as available” basis. All descriptions of Goods are subject to change without notice, at the Seller’s sole discretion.
No Representations and Warranties. The Seller makes no representations or warranties of any kind, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, in conjunction with this Website, its Services, and Goods, except those mandated by applicable laws.
Supplier, Manufacturer or Producer Warranty. Goods that are supplied, manufactured and/or produced are warranted by the respective third-party supplier, manufacturer and/or producer pursuant to the terms and conditions of their respective warranties included in the Goods in accordance with applicable laws. The Seller does not make any representation and/or warranty as to the accuracy, validity, and/or legality of their warranties. The Seller shall not be liable in any manner arising from their warranties.
Liability arising from Shipping Information and/or Payment Information. The Seller assumes no liability for any loss or damages to the Buyer arising from third-party shipping information and/or third-party payment information relative to the order, purchase and/or payment of Goods.
Description of Goods. While the Seller endeavours, as much as practicable, to provide an accurate description of the Goods, the Seller does not warrant that such description is accurate, current or free from error.
Delay in the delivery of goods. As much as possible, the Seller shall endeavour to deliver all the Goods within a reasonable time. However, the Buyer acknowledges that the delivery of the Goods is subject to their availability. All representations as to the delivery time frame are mere estimates and the Seller shall not be liable to any delay in the delivery of the Goods for reasons outside the control of the Seller and/or not through the Seller’s fault. Time shall not be of the essence.
Buyer’s Representations.
Personal Information. The Buyer represents that all Personal Information and any other information he provides are true, accurate, and current. The Buyer shall be liable for any delay, damage and/or loss resulting from untrue, inaccurate, and/or out-dated information.
Accesses and Usages made in Good Faith and in Accordance with Applicable Laws. The Buyer represents that his accesses to and usages of this Website and its Services are made in good faith and in accordance with the applicable laws and rules and regulations. The Buyer shall only use his Personal Account for lawful purposes. The Buyer shall liable for any delay, damage and/or loss resulting from accesses and usages made in bad faith and/or in violation of applicable laws.
Lawful Purchases. The Buyer represents that his purchases are made in good faith and for lawful purposes only.
Legal Capacity to Contract. The Buyer represents that he has legal capacity to contract.
Purchase of Goods.
Flowchart; From Order to Placement for Delivery
“BUY”. The Buyer may place an order of Goods offered in this Website by selecting his preferred Goods and their quantity, and by clicking the “BUY” button. The option to “BUY” is available only on selected Goods and will depend on the availability of these selected Goods.
Per Piece or Per Case Option. Upon clicking the “BUY” button, the Buyer may have the option to purchase the selected Goods (a) per piece, or (b) per case. This option is available only on selected Goods and will depend on the availability of these selected Goods.
“E-CART”. All orders of Goods by the Buyer will be placed in an “E-CART”.
“CHECK OUT”. Once the buyer decides to purchase the ordered Goods in his “E-CART”, the Buyer must click “CHECK OUT”.
List of Amounts, Costs, and Other Charges. Upon “CHECK OUT” of the orders, a list of ordered Goods with the corresponding amounts, costs and other charges will be displayed for the Buyer’s verification.
Delivery through Third-Party Licensed Courier. We only deliver Goods within the Philippines and only via Third-Party Licensed Couriers chosen by the Buyer. The Buyer shall have the option to choose among the available Third-Party Licensed Couriers offered in the Website. Once the Goods are delivered to the Third-Party Licensed Courier, the Buyer shall abide by the terms and conditions set by them. Orders are processed on business days (from 3 to 7) during business hours (from 9 am to 5 pm).
Delivery Costs, Taxes and Other Costs and Charges. Delivery costs, taxes, all other costs and charges relative to the purchase and delivery of the Goods shall be borne solely by the Buyer.
Currency. All references to prices, payments, costs, charges, and other amounts shall be in Philippine Peso only.
Payment Methods. The Buyer may elect either of the two (2) payment methods: (a) Cash on Delivery (“COD”), or (b) Prepayment through Bank Deposit.
Cancellation of Order by the Buyer.
Cancellation of Order by the Buyer; If Cash on Delivery. If the Buyer elected Cash on Delivery, the Buyer will be notified that he will only have thirty (30) minutes from notice to cancel his order.
Cancellation of Order by the Buyer; If Prepayment through Bank Deposit. If the Buyer elected Prepayment through Bank Deposit.
Cancellation of Order by the Buyer; If return to sender / COD the buyer will shoulder the 50% of the shipping fee. Failure to pay will blacklist the customer from buying again..
Notice of Confirmation of Order; If Cash on Delivery. If the Buyer elects Cash on Delivery, the Seller, after verification, shall send to the Buyer Notice of Confirmation of the Order through available electronic means confirming the Buyer’s purchases of Goods.
he Seller shall, after Notice of Confirmation of Order, process and place the order for delivery to the Third-Party Licensed Courier chosen by the Buyer, within a reasonable amount of time.
Prepayment through Bank Deposit; Notice of Payment by the Buyer. If the Buyer chooses to pay the purchased Goods using Prepayment through Bank Deposit, the Buyer shall inform the Seller of the payment of the Goods purchased by sending a copy of the deposit slip to the Seller at customer_care@sweetavenue.ph.
Prepayment through Bank Deposit; Within Twenty-Four Hours. The Buyer shall only have Twenty-Four (24) Hours after electing this Prepayment through Bank Deposit to pay the amount due him.
Prepayment through Bank Deposit; Transaction deemed Cancelled. If the Buyer fails to pay within the said Twenty-Four-(24)-Hour period, all his purchased order of Goods shall be deemed cancelled.
Prepayment through Bank Deposit; Return of Prepayment after Twenty-Four (24) Hours. Any payment made by the Buyer after the said Twenty-Four-(24)-Hour period and/or after Cancellation of the Sale will be returned to the Buyer within a reasonable time from receipt by the Seller and after notification by the Buyer of the fact of payment, less all the amounts paid and/or suffered by the Seller due to the Buyer’s late payment.
Prepayment through Bank Deposit; Notice of Confirmation of Prepayment. Upon verification of the payment made by the Buyer, the Seller shall send to the Buyer, through available electronic means, a Notice of Confirmation of Prepayment confirming the Buyer’s Prepayment through Bank Deposit.
Prepayment through Bank Deposit; Processing and Placing of Order. The Seller shall, after sending the Notice of Confirmation of Prepayment, process and place the order for delivery to the Third-Party Licensed Courier chosen by the Buyer, within a reasonable amount of time.
Notice of Placement of Order for Delivery. After placing the purchased orders to the Third-Party Licensed Courier chosen by the Buyer for delivery, the Seller shall send to the Buyer a Notice of Placement of Order for Delivery informing the Buyer that the purchased goods are placed for delivery to the chosen Third-Party Licensed Courier. The Notice of Placement of Order for Delivery shall include the date and time of delivery, tracking number and other relevant details.
Delivery Time Frame. Purchased orders are normally placed for delivery to the Third-Party Licensed Courier (within 1-3 /following the day) the said orders are confirmed or (within 3-7/the following the day) the Notice of Confirmation of Order or Notice of Confirmation of Prepayment is sent to the Buyer. After the Seller placed the order for delivery to the Third-Party Licensed Courier chosen by the Buyer, the Seller shall not be responsible for any delay, damage or loss not attributable to the Seller. After placing the order to the Third-Party Licensed Courier, the Delivery Time Frame would depend on the policies and requirements of the said Third-Party Licensed Courier. All representations as to the Delivery Time Frame are mere estimates and the Seller shall not be liable for any delay, damage or loss in the delivery of the Goods by the Third-Party Licensed Courier.
Refusal to Take Possession of Good Delivered. If the Buyer refuses, without sufficient cause or justification, to take possession of the Goods delivered, such refusal will be considered abandonment by the Buyer and the Seller shall take possession of the Goods and may dispose of the same in accordance with applicable laws.
Basis of Processing, Placing and Delivery of Purchased Goods. The purchased Goods will be processed, placed, and delivered based on the Personal Information indicated by the Buyer in his Personal Account.
The Seller shall not be liable, in any manner, for the delay, damage, loss or any consequences, direct or indirect, arising from false, inaccurate, or out-dated Personal Information.
The Buyer shall be liable for any damage or loss suffered by the Seller arising from false, inaccurate, or out-dated Personal Information.
Ownership of the Goods. Ownership of the Goods shall pass to the Buyer upon full payment of all the amounts purchased and all other costs and charges relative to the purchase. This applies whether the Buyer opted to pay COD or Prepayment through Bank Deposit.
Risks of Delay, Damage or Loss. Notwithstanding the stipulations in Section 3.14.3.17, the Buyer assumes all Risks of Delay, Damage or Loss in delivery or shipping by the Third-Party Licensed Courier, and all liability for loss or damage, whether direct, indirect, consequential or otherwise, once the goods have been delivered to the Third-Party Licensed Courier. In line with this, the Risk of Delay, Damage or Loss shall be passed on and be solely borne by the Buyer on the date of sending of the Notice of Placement of Order for Delivery and after the purchased goods are delivered to the Third-Party Licensed Courier chosen by the Buyer. This applies whether the Buyer opted to pay COD or Prepayment through Bank Deposit.
Failure to Pay by the Buyer. If upon purchasing the Goods, the Buyer fails to pay within the above periods, the Seller shall be entitled to cancel the purchased order, and/or suspend delivery of the Goods to the Buyer, and/or suspend or deactivate, temporarily or permanently, the Personal Account of the Buyer, without prejudice to other remedies available to the Seller under this Terms and Conditions and applicable laws.
Receipt of Goods by the Buyer. The Goods are deemed received by the Buyer on the time and date indicated by the Third-Party Licensed Courier unless the Buyer informed the Seller, through a Notice, within three (3) days from the time and date indicated by the Third-Party Licensed Courier, that the Buyer did not receive the purchased Goods. In accordance with Section 3.14.3.19., the Seller shall not be liable, in any manner, for any delay, damage or loss, or any consequence, direct or indirect, arising from the delivery or shipping by the Third-Party Licensed Courier.
Return, Replacement and Refund.
The Buyer may ask for either (a) the return and replacement of the Goods, or (b) refund, only in the following cases in accordance with applicable law and implementing rules and regulations:
Goods delivered are fundamentally different from the Goods ordered;
Goods delivered are damaged and/or lost due to acts imputable solely on the Seller; and
Other grounds provided under applicable laws and implementing rules and regulations.
Notice of Return and Replacement. In case of return and replacement, the Seller shall act on it within a reasonable time from receipt of the Notice of Return and Replacement from the Buyer.
Notice of Refund. In case of refund, the Seller shall act on it within a reasonable time from receipt of the Notice of Refund from the Buyer. The Seller does not guarantee the timeliness of refund to the Buyer. The processing of payment may take time and it is subject external factors beyond the control of the Seller, such as Bank procedures, regulations and the like.
Cancellation of Sale by the Seller. Without prejudice to any other rights and remedies of the Seller, the Seller may stop any Goods in transit, suspend deliveries and/or cancel or terminate the sale with immediate effect by notice to the Buyer through electronic means if:
The Buyer failed to pay the Goods purchased;
The Buyer failed to take the Goods delivered without legal justification;
Violation of the Terms and Conditions, and other notices and policies in this Website and its Services; and
Due to legal procedures, notices, and orders preventing the Seller to sell and/or deliver the products.
Cancellation of Sale by the Seller; If the Buyer Paid. If the Buyer paid despite the existence of the grounds for Cancellation of Sale by the Seller, the Seller shall return the amount paid by the Buyer, less all amounts paid and/or suffered by the Seller due to acts of the Buyer, within a reasonable amount of time and after notice from the Buyer of the fact of payment. This is without prejudice to other rights and remedies available to the Seller under these Terms and Conditions and applicable laws.
Notices. All notices referred herein shall be subject to the following:
Notice by the Buyer to the Seller. All notice or other communication by the Buyer will be given to the Seller through any print or electronic means at customer_care@sweetavenue.ph or #82 Nicanor Roxas St. Brgy. Sto. Domingo Quezon City Metro Manila.
Notice by the Seller to the Buyer. All notices or other communication by the Seller will be given to the Buyer through any print or electronic means as the Seller may select which shall constitute notice to the Buyer on the date of publication and/or transmittal.
No waiver. The Seller’s failure to enforce these Terms and Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right of the Seller to enforce these Terms and Conditions.
Indemnity. The Buyer agrees to indemnify, defend and hold harmless the Seller, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand made by any third party due to or arising out of your breach of these Terms and Conditions, or the Buyer’s violation of any law or the rights of a third party.
Warranties. The mandated warranties under the New Civil Code of the Philippines and the rights of a consumer under Title III, Chapter III of the Consumer Act of the Philippines shall apply.
Disputes. Any dispute arising from these Terms and Conditions shall be settled amicably consistent with applicable laws. If the Parties were not able to settle the dispute amicably, the venue for the appropriate court action or case shall be exclusively at Quezon city, to the exclusion of all other courts.
Force Majeure. The Seller shall not be liable for non-performance, error, interruption or delay in the performance of its obligations or for any inaccuracy, unreliability or unsuitability of the Website and/or its Services, in whole or in part, directly or indirectly to an event or failure which is beyond the Seller’s reasonable control.
Rights and Remedies. The rights and remedies provided herein are without prejudice and in addition to any rights or remedies provided under the law or in equity
Confidentiality. Except as otherwise permitted by these Terms and Conditions, the parties may not disclose any information provided by or on behalf of either party that ought reasonably to be treated as confidential and/or proprietary. Confidential refers to any information including but not limited to those pertaining to either of the parties which are not publicly known.
Governing law. These Terms and Conditions shall be governed by, and construed in accordance with the laws of Philippines.
Assignment. You may not assign your rights in these Terms and Conditions without our written consent.
Entire Agreement. These Terms and Conditions shall constitute the entire agreement between the parties relating to the access to or use of this Website and its Services. No statement contained in any communication in any form made by any of the agents or employees of the Seller shall be construed to vary in any way any of these Terms and Conditions.
Severability. If at any time any provision of these Terms and Conditions shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms and Conditions.
Termination. Either party may terminate the Terms and Conditions upon sending of notice to that effect to the other party. If the Buyer decides to terminate the Terms and Conditions and sends a notice to that effect to the Seller, the Seller shall temporarily deactivate, suspend or permanently delete, as the case may be, the Personal Account of the Buyer.
Amendments. The Seller may by notice, amend or modify, these Terms and Conditions, such variation to take effect on the date the Seller specifies in the said notice. The Buyer’s use of this Website and its Services after such date shall be deemed the Buyer’s acceptance to the amendment or modification. If the Buyer’s do not want to accept the amendment or modification, the Buyer must stop accessing and/or using the Website and its Services.
Concerns, Complaints, Feedbacks, Queries, and Suggestions. Please contact us at customer_care@sweetavenue.ph for any concerns, complaints, feedbacks, queries and suggestions.”
