1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out below will apply as the Terms & Conditions of Sale. “Seller” refers to ‘JQA Trading”
2. Purchase of Products
2.1 Buyer’s Compliance: Buyer agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform, as well as any amendments to the aforementioned, issued by the Seller, from time to time. Seller reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and Buyers are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
2.2 Sellers & Buyers: Products are sold by the Seller (also known as JQA Trading). Products are purchased by the Buyer.
2.3 Product description: While Seller endeavors to provide an accurate description of the Products, Seller does not warrant that such description is accurate, current or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which the Buyer have ordered, Clause 6 of these Terms & Conditions of Sale shall apply.
2.4 Placing Buyer’s Order: Buyer may place an Order by contacting the Seller.
2.5 All Orders will be deemed to be final upon acceptance by the Buyer of the Seller’s Proforma Invoice. Nevertheless, in certain circumstances as stated in Clause 8, you may request to cancel or amend the Order which Seller will endeavor to give effect to on a commercially reasonable effort basis.
2.6 Seller’s Reservation of Rights in Respect of Orders: All Orders shall be subject to Seller’s acceptance in its sole discretion and each Order accepted by Seller shall constitute a separate Proforma Invoice. Buyer acknowledge that unless he fully accept the Seller’s Proforma Invoice, the Seller shall not be party to any legally binding agreements or verbal promises made between Seller and the Buyer for the sale or other dealings with the Product(s) and accordingly Seller shall not be liable for any Losses which may be incurred as a result. Please note that there are cases when an order cannot be processed for various reasons. Seller reserves the right to refuse or cancel any verbal order for any reason at any given time. Buyer may be asked to provide additional verifications or information, including but not limited to phone number and address, before he accepts the order
2.7 Termination by Seller in the Event of Pricing Error: Seller reserves the right to terminate the accepted Proforma Invoice, in the event that a Product has been mispriced on the Platform, in which event Seller shall, notify the Buyer of such cancellation. Seller shall have such right to terminate the accepted Proforma Invoice and the Seller shall refund any payment made by the Buyer with no interest.
2.8 Product Warranty: The warranties with respect to a Product sold under a Proforma Invoice shall be as stated by Seller in said Proforma Invoice. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such agreement, Seller excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied.
2.9 Customer’s Acknowledgement: Buyer acknowledge and warrant that he have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of the Seller which has not been stated expressly in a Proforma Invoice or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by the Seller. Buyer also acknowledge and agree that to the extent allowed under Philippine law, the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale and Customer Contracts allocate risks between the parties and permit Seller to provide the Products at lower fees or prices than Seller otherwise could and Buyer agree that such exclusions on liability are reasonable.
2.10 No Representations or Warranties: Without prejudice to the generality of the foregoing Clause 2.9 and to the extent allowed under Philippine law:
2.10.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Seller;
2.10.2 Any actions arising from the breach of any warranty or representation, or any right to damages, whether express or implied, shall be extinguished if an action is not brought against Seller within seven(7) days from the date of delivery, or from the scheduled delivery of the Product.
2.10.3 Seller shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill and intangible losses;
2.10.4 For Products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labelling requirements;
2.10.5 Seller is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Seller’s prior written approval and the Customer shall indemnify Seller against all Losses arising out of such claims;
2.10.6 Seller 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; and
2.10.7 To the extent allowed under Philippine law, Seller shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable warranty, if any.
2.11 Intellectual Property:
2.11.1 Unless the prior written consent of Seller has been obtained, the Buyer shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products.
2.11.2 Where software applications, drivers or other computer programs and/or all other design details, technical handbooks or manuals, drawing or other data (all collectively referred to as “Product Materials”) are supplied to the Buyer by Seller in connection with the Order, the use and retention of the Product Materials are subject to the terms and conditions of its use as may be prescribed by Seller and must not be used other than strictly in accordance with such terms and conditions.
2.11.3 The Buyer agrees and acknowledges that the Product Materials shall remain the property of the Seller. The Buyer further agrees that any and all Intellectual Property embodied in or relating to the Product Materials shall remain the sole and exclusive property of the Seller. Unless otherwise expressly provided in the Order or the prior written consent of Seller has been obtained, the Buyer undertakes to return the Product Materials and/or any copies thereof upon Seller’s request.
3. Delivery of Products
3.1 Address: Delivery of the Products shall be made to the address of the which the Buyer specified in his Proforma Invoice.
3.2 Shipping & Packing Charges: Shipping and packing charges shall be as set out in the Order.
3.3 Delivery Time Frame: Buyer acknowledge that delivery of the Products is subject to availability of the Products. Seller will make every reasonable effort to deliver the Product to the Buyer within the agreed delivery time frame. All delivery timeframes given are estimates only and delays can occur. If the delivery of the Buyer’s Product is delayed Seller will inform the Buyer accordingly. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery whatsoever caused.
3.4 Deemed Receipt: if after 3 days of the agreed product delivery date, the Seller does not hear from the Buyer, it is deemed that the Buyer have received the Product.
3.5 Customer’s Failure to Take Delivery: If the Buyer fails to take delivery of the Products (with no justifiable reason) then the Seller may deemed that delivery have been made.
4. Prices of Products
4.1 Listing Price: The price of the Products payable by a Buyer shall be the Listing Price at the time at which the Order placed by the Buyer is transmitted to Seller (through the Platform). Seller is determined to provide the most accurate pricing information on the platform to its Buyers. However, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, Seller reserves the right to refuse or cancel any order. In the event that an item is mispriced, Seller may, at its own discretion, either contact the Buyer for instructions or cancel the Buyer’s order and notifies the Buyer of such cancellation. Seller shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the Buyer’s credit card or bank account charged.
4.2 Taxes: All Listing Prices are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
5. Payment
5.1 General: Buyer may pay for the Product using any of the payment methods prescribed by Seller from time to time. When the Buyer place an Order, actual payment will be only charged upon Seller’s acceptance of the Buyer’s Order and formation of a Proforma Invoice. All payments shall be made to Seller by the Buyer.
5.2 Additional terms: The payment methods may be subject to additional terms as prescribed by Seller from time to time.
5.3 Payment Methods: Seller agrees that the Buyer is subject to the applicable user agreement of the payment method. Buyer may not claim against Seller, for any failure, disruption or error in connection with the Buyer’s chosen payment method. Seller reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.
5.4 Invoicing: Seller may invoice the Buyer upon the due date of any payment under a Proforma Invoice.
5.5 Failure to Pay: If the Buyer fails to make payments pursuant to the Proforma Invoice Payment Agreement, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Proforma Invoice or suspend delivery of the Products until payment is made in full.
5.6 Refund of Payment:
5.6.1 All refunds shall be sent to the Buyer using his payment preference.
5.6.2 We offer no guarantee of any nature for the timeliness of the refunds reaching the Buyer’s account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
5.6.3 All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by the Seller.
5.6.4 All refunds are conditional upon the Seller’s acceptance of a valid reason from the Buyer on why he should be refunded.
5.6.5 We reserve the right to modify the mechanism of processing refunds at any time without notice.
6. Returns/Repairs/Replacements
6.1 Return/Repair/Replacement Policy: All must be done in accordance with the agreements by the Seller & the Buyer. Should Seller agree to replacement, Seller will deliver the replacement Product to the Buyer’s specified address;
6.2 Warranty Period: All complaints/request should be received on or the 7th day from the time the Products were received by the Buyer. No returns/repairs/replacements will be honored after the 7th day;
6.2.1 Acceptable Reason/s: Received a product that is fundamentally different in nature from the Product specified in the Proforma Invoice;
6.2.2 Acceptable Reason/s: Received a faulty or damaged Product;
6.2.3 Acceptable Reason/s: Received a product that is not as advertised on the platform;
6.2.4 Acceptable Reason/s: Wrong item delivered;
6.2.5 Acceptable Reason/s: Received a product that has missing parts/items;
6.2.6 Acceptable Reason/s: Received a product that does not fit (wrong specs);
6.3 Repair, Replacement or Price Reduction: As an alternative to returning faulty or damaged Products, the Buyer may request for a repair or replacement of such Products. Such request shall be irrevocable upon notification of the request to Seller and the Buyer may not later elect for a return. Where the Products have not been repaired or replaced within a reasonable time, Seller may, at its sole discretion, grant to the Buyer a reduction of the price in proportion to the reduced value of the Products, provided that under no circumstance shall such reduction exceed 15 per cent(15%) of the price of the affected Products. Upon repair, replacement or price reduction being made as aforesaid, the Buyer shall have no further claim against Seller.
6.4 Replacement Products: When Seller has provided replacement Products or given the Customer a refund, the non-conforming Products or parts thereof shall become Seller’s property and upon request such Products or parts thereof should be shipped back to Seller.
6.5 Risk of Damage or Loss: Risk of damage to or loss of the Products shall pass to the Buyer as per agreed Incoterms.
6.6 In cases where the Buyer refuses to take possession of the product without sufficient cause or justification, or returns the item without sufficient cause or justification, Seller will safely keep the item for a period of fifteen (15) days, reckoned from the date Seller received the product from the Buyer. After the lapse of such period, the product or item is deemed abandoned by customer, and the Seller may dispose of the product or item. Notwithstanding the foregoing, Seller will use its best efforts to return the product to the Customer within the time frame provided.
7. Questions and Complaints
If the Buyer have any questions or complaints, he should immediately contact Seller at: Email: jqatrading@yahoo.com.ph / Whatsapp: +639163148195.
8. Termination
8.1 Cancellation by the Buyer: Buyer may cancel the Proforma Invoice before Seller dispatches the Products under such by written notice to Seller at: Email: jqatrading@yahoo.com.ph / Whatsapp: +639163148195. If the Products have already been dispatched, the Buyer may not cancel the Proforma Invoice.
8.2 Cancellation by Seller: Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale, Seller may stop any Products in transit, suspend further deliveries to the Buyer and/or terminate the Proforma Invoice with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:
8.2.1 the Products under the Proforma Invoice being unavailable for any reason;
8.2.2 the Buyer being in breach of an obligation under the Proforma Invoice;
8.2.3 the Buyer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer’s winding up or dissolution;
8.2.4 the making of an legal/administration order in relation to the Buyer over or an encumbrancer taking possession of or selling any of the Customer’s assets; or
8.2.5 the Buyer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
9. Risk and Property of the Goods
9.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Seller has tendered delivery of the Goods.
9.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Seller to the Buyer for which payment is then due.
For cross-border transactions or for products shipped from abroad or overseas, the contract of sale is deemed to have been entered into or perfected in the place where the Seller is located.
9.3 Until such time as the property of the Goods passes to the Buyer, the Buyer shall hold the Goods as Seller’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
9.4 The Buyer agrees with Seller that the Buyer shall immediately notify Seller of any matter from time to time affecting Seller’s title to the Goods and the Buyer shall provide Seller with any information relating to the Goods as Seller may require from time to time.
9.5 Until such time as the property of the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) Seller shall be entitled at any time to demand the Buyer to deliver up the Goods to Seller and in the event of non-compliance. Seller reserves its right to take legal action against the Buyer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
9.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Seller but if the Customer does so all moneys owing by the Buyer to Seller shall (without prejudice to any other right or remedy of Seller) forthwith become due and payable.
9.7 If the provisions in this Condition 9 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Customer shall take all steps necessary to give effect to the same.
9.8 The Buyer shall indemnify Seller, all of its respective officers, employees, directors, agents and contractors against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of Seller ‘s rights under this condition.
10. Limitation of Liability
10.1 Sole Remedies of the Buyer: The remedies set out in Clause 6 are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the products.
10.2 Maximum Liability: Notwithstanding any other provision of these terms & conditions of sale, Seller’s maximum cumulative liability to the Buyer or to any other party for all losses under, arising out of or relating to the sale of products under each Proforma Invoice, will not exceed the sums that the Buyer have paid to Seller under such Proforma Invoice.
10.3 Exclusion of Liability: Seller indemnitees shall not be liable to the Buyer for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: (i) amounts due from other users of the platform in connection with the purchase of any product; (ii) the sale of the products to the Buyer, or its use or resale by the Buyer; and (iii) any defect arising from fair wear and tear, willful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the products or failure to comply with Seller’s instructions on the use of the products (whether oral or written).
11. General
11.1 References to “Seller”: “Seller” is herein referred to as “JQA Trading”. In these Terms and Conditions of Sale apply both to Seller’s actions on its own behalf as Seller and/or as the operator of the Platform in respect of each and every Proforma Invoice.
11.2 Right to Subcontract: Third Party Vendors or Sellers shall be entitled to delegate and/or subcontract any rights or obligations under these Terms & Conditions of Sale to Seller or any of Seller’s designated service providers, subcontractors and/or agents.
11.3 Cumulative Rights and Remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale and Seller’s rights and remedies under these Terms & Conditions of Sale are cumulative and are without prejudice and in addition to any rights or remedies Seller may have in law or in equity, and no exercise by Seller of any one right or remedy under these Terms & Conditions of Sale, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale or at law or in equity) operate so as to hinder or prevent Seller’s exercise of any other such right or remedy as at law or in equity.
11.4 Warranties: The implied warranty under the New Civil Code of the Philippines against hidden defects and the rights of a consumer under Title III, Chapter III of the Consumer Act of the Philippines shall apply.
11.5 No Waiver: Seller’s failure to enforce these Terms & Conditions of Sale shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms & Conditions of Sale. Seller would still be entitled to use its rights and remedies in any other situation where the Buyer breach these Terms & Conditions of Sale.
11.6 Severability: If at any time any provision of these Terms & Conditions of Sale shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement 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 & Conditions of Sale.
11.7 Rights of Third Parties: A person or entity who is not a party to these Terms & Conditions of Sale shall have no right under any legislation in any jurisdiction to enforce any term of these Terms & Conditions of Sale, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms & Conditions of Sale.
11.8 Governing law: These Terms & Conditions of Sale shall be governed by, and construed in accordance with the laws of Philippines.
11.9 If any dispute arises in connection with these Terms of Use, the Parties shall attempt, in fair dealing and in good faith, to settle such dispute. If the Parties are not able to reach an amicable settlement pursuant to the preceding section they shall try to agree on an appropriate ADR proceeding (for example mediation, conciliation, expert determination, dispute board, adjudication). If they do not reach agreement on the appropriate ADR proceeding within 14 days after failure of the settlement negotiations or if the dispute is not settled through an ADR proceeding within a period of two months after initiation of the ADR preceding, each Party may initiate an arbitration proceeding pursuant to the following paragraph.
All disputes arising out of or in connection with the present contract, including any question regarding its existence, validity or termination, shall be finally settled in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (“PDRCI”) for the time being in force, which rules are deemed incorporated by reference into this clause. The arbitral tribunal shall consist of three arbitrators to be chosen in accordance with the rules of the PDRCI. The seat of arbitration shall be the Philippines. The procedural law of this seat applicable to commercial arbitration proceedings shall apply where the Rules are silent. The language to be used in the arbitration proceedings shall be English.
11.10 Injunctive Relief: Seller may seek immediate injunctive relief if Seller makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
11.11 Amendments: Seller may by notice issued jointly with Seller through the Platform or by such other method of notification as Seller may designate solely through Seller (which may include notification by way of e-mail), vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Seller specifies through the above means. If the Buyer use the Platform or the Services after such date, the Buyer is deemed to have accepted such variation. If the Buyer do not accept the variation, the Buyer must stop access or using the Platform and the Services and terminate these Terms & Conditions of Sale. Seller’s right to vary these Terms & Conditions of Sale in the manner aforesaid will be exercised with the joint involvement of Seller (either via the Portal or such other means as Seller prescribes) and subject to the foregoing, may be exercised without the consent of any person or entity who is not a party to these Terms & Conditions of Sale. The version of Terms & Conditions of Sale applicable to any particular Order is the latest version in force.
11.12 Correction of Errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.
11.13 Currency: Money references under these Terms & Conditions of Sale shall be in Philippines Pesos or any other foreign currency.
11.14 Language: In the event that these Terms & Conditions of Sale is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms & Conditions of Sale shall govern and shall take precedence over the Foreign Language Version.
11.15 Entire agreement: These Terms & Conditions of Sale shall constitute the entire agreement between the Buyer and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
11.16 Binding and Conclusive: Buyer acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by Seller or its service providers relating to or in connection with the Platform and Services shall be binding and conclusive on the Buyer for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between Seller and the Buyer. Buyer hereby agree that all such records are admissible in evidence and that the Buyer shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and the Buyer hereby waive any of his rights, if any, to so object.
11.17 Subcontracting and delegation: Seller reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms & Conditions of Sale and reserves the right to use any service providers, subcontractors and/or agents on such terms as Seller deems appropriate.
11.18 Assignment: Buyer may not assign his rights under these Terms & Conditions of Sale without Seller’s prior written consent. Seller may assign its rights under these Terms & Conditions of Sale to any third party.
11.19 Force Majeure: Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms & Conditions of Sale (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Seller’s or Seller’s reasonable control.
Schedule 1
Definitions and Interpretation
1. Definitions. Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms of Use:
1.1 “Business Day” means a day (excluding Saturdays and Sundays) on which banks generally are open for business in Philippines.
1.2 “Customer” means an authorized user of the Platform and/or the Services.
1.3 “Proforma Invoice” formal Sales Agreement between the Seller and Buyer
1.4 “Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
1.5 “Seller Indemnitees” means Seller, its affiliates and all of its respective officers, employees, directors, agents, contractors and assigns.
1.6 “Seller” refers to JQA Trading, a DTI registered company pursuant to the laws of Philippines under registration number 04368914 and having its registered address at Sugtongan Road, Basak, Lapulapu City, Cebu, Philippines
1.7 “Listing Price” means the price of Products listed for sale to the Buyers, as stated on the Platform or other Sales Materials.
1.8 “Losses” means all losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.
1.9 “Order” means Buyer’s order for Products sent through the Platform in accordance with the Terms & Conditions of Sale.
1.10 “Personal Data” means data, whether true or not, that can be used to identify, contact or locate the Buyer. Personal Data can include the Buyer’s name, e-mail address, billing address, shipping address, phone number and credit card information.
1.11 “Platform” means (a) both the web and mobile versions of the website operated and/or owned by Seller which is presently located at the following URL: www. jqatrading.com and (b) the mobile applications made available from time to time by Seller, including the iOS and Android versions.
1.12 “Product” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.
1.13 “Product Warranty” means the warranty provided for a product sold on the platform.
1.14 “Return Policy” means the return policy procedure.
1.15 “Third Party Vendor” means a seller which, with Seller’s permission, uses the Platform and/or Services to sell Products to the Buyer, and excludes Seller.
1.16 “Seller” means a seller of Products and includes a Third Party Vendor.
1.17 “Services” means services, information and functions made available by Seller at the Platform.
1.18 “Terms & Conditions of Sale” means conditions for the sale of a Products and any Schedules to these terms and conditions.
1.19 “Terms of Use” means the Terms and Conditions governing the Customer’s use of the Platform and/or Services.
1.20 “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.
1.21 “Username” refers to the unique login identification name or code which identifies a Buyer who has an account with Seller.
1.22 “Voucher” means a voucher for credit which may be used by a Buyer, subject to other terms and conditions, towards the payment of purchases on the Platform.
1.23 “Buyer” refers to the individual over the age of 18 or otherwise under the supervision of a parent or legal guardian. 2. Interpretation: Any reference in these Terms & Conditions of Sale to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In these Terms & Conditions of Sale, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms & Conditions of Sale. In the event of a conflict or inconsistency between any two or more provisions under these Terms & Conditions of Sale, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of Seller and the provision which is more favorable to Seller shall prevail
RATTAN RAW PHILIPPINES 