Ompbiz Free Shipping Special (“FSS”) is a feature on Ompbiz where specific approved sellers (“FSS Sellers”) will be able to enjoy the rights and privileges described in these Terms of Service (“FSS Terms of Service”) and as may be separately agreed on between Ompbiz and the FSS Seller, when selling FSS Items (defined below) on Ompbiz for such time as acceoted by the FSS Seller (“FSS Period”). If you are an FSS Seller, you will be deemed to have consented to the terms and conditions described in these FSS Terms of Service.

These FSS Terms of Service supplement the Terms of Service and the other Ompbiz Policies, of which these FSS Terms of Service forms a part – please read the
 Term of service and the other Ompbiz policies available on the Site as they contain important information regarding your rights and obligations. Any terms that are used in these FSS Terms of Service that are not defined here will have the meanings given to such terms in the Terms of Service and/or the applicable Ompbiz Policy. All terms and conditions described in these FSS Terms of Service are subject to change at Ompbiz’s discretion pursuant to the Terms of Service.

1. The manner of opting in, and opting out of FSS, and the terms of any relevant free trial periods, among others, shall be communicated separately in writing.

2. FSS Sellers may receive marketing support from Ompbiz as agreed from time to time, including but not limited to Ompbiz-sponsored vouchers, complimentary Flash Deal Advertising and inclusion in other Ompbiz online advertising and marketing materials. For the avoidance of doubt, any marketing support shall be offered fully at the discretion of Ompbiz.

3.Ompbiz charges a fee for all items successfully sold by FSS Sellers on the Site (“FSS Commission Fee”). The FSS Commission Fee is borne by the FSS Seller, and is calculated as nine percent (9%) of the Gross Sales Price, rounded up to the nearest peso. The Gross Settlement Price for an FSS Item is the FSS Seller’s sales price for the item, minus any FSS Seller-sponsored discount or vouchers, rounded to the nearest peso. The FSS Commission Fee applies to all orders, with the exception of cancelled orders and returned/refunded orders. The FSS Commission Fee is value-added tax all inclusive. For the avoidance of doubt, the FSS Commission Fee shall be charged on orders placed during the FSS Period, even if the transaction for such order is completed after the FSS Period.

4. Ompbiz reserves the right to, upon its sole discretion, waive the FSS Commission Fee, subject to any terms and conditions that may be determined solely by Ompbiz, and that may be communicated separately by Ompbiz to the FSS Sellers.

5. Following the successful completion of a transaction, Ompbiz shall deduct the FSS Commission Fee from the Buyer’s Purchase Monies, and remit the balance to the FSS Seller in accordance with Section 11.2 of the Terms of Service. Ompbiz shall issue receipts or tax invoices for the FSS Commission Fee paid by the FSS Seller on request.

6. If you did not receive any such separate notification referred to in Section 1 above from Ompbiz, but have been participating in FSS and enjoying its benefits, you may contest the charging of the FSS Commission Fee for a maximum of two (2) months after the date of such charge; otherwise, the amount shall not be refunded.

7. For the avoidance of doubt, the FSS Commission Fee under this FSS Terms of Service applies in addition to the Transaction Fee under the Terms of Service and the Mall Commission Fee under the Ompbiz Mall Terms of Service, if applicable.





om(Ompbiz)Commerce Terms Of Sale


 INTRODUCTION

1.1     The following terms & conditions (“Terms of Sale”) will apply to any purchase you make from OmCommerce Philippines, Inc. and its affiliates and subsidiaries (individually and collectively “omCommerce”, “we”, “us” or “our”) of products (“omCommerce Products”) on the Platform.  If you purchase any omCommerce Product, you will be deemed to have consented to the terms and conditions described in these Terms of Sale, as well as any other terms and conditions set out in any omCommerce Products listing, whenever you make a purchase from omCommerce on the Platform. 

1.2     These Terms of Sale supplement the Terms of Service and the other Ompbiz Policies, of which these Terms of Sale form a part – please read the Term of service and the other Ombiz policies available on the Site as they contain important information regarding your rights and obligations.  Any terms that are used in these Terms of Sale that are not defined here will have the meanings given to such terms in the Terms of Service and/or the applicable Ompbiz Policy. 

1.3     All terms and conditions described in these Terms of Sale are subject to change at omCommerce’s discretion pursuant to the Terms of Service and these Terms of Sale.  

 

2.       YOUR STATUS

2.1     By purchasing any omCommerce Product, you warrant to us that:

(i)    you are purchasing such omCommerce Product for your personal consumption and not for business or commercial purposes (including for sale or resale);

(ii)   you are at least eighteen (18) years old; and

(iii)  you are legally capable to enter into binding contracts.

 

3.       PLACING AN ORDER

3.1     When you place an order to purchase omCommerce Products, your order is deemed an offer to purchase products from us. We have total discretion to reject an order without any reason. Your order is completed when we inform you that we have approve your order.  Each order approved by Ompbiz shall constitute a separate contract.

3.2     omCommerce Products purchased online may not be in stock even after order confirmation. If we are unable to fulfill your order, we will contact you to offer an alternative omCommerce Product or a refund.

3.3     Orders cannot cancel once we approved your order. We reserve the right to cancel any order and refund you the price of any omCommerce Product/s for which you have paid without interest (in lieu of delivery or supply of such product/s), even after we have sent you an email informing that your order has been accepted and payment has been received by us.

 

4.       PRICE

4.1     The price of any omCommerce Product is (except in cases of error) as displayed in our store on the Platform (“Store”). 

4.2     If we discover an error in the price of a omCommerce Product you have ordered, we will inform you as soon as possible and give you the option of proceeding with your order at the correct price or cancelling it.  If we are unable to contact you, your order will be treated as cancelled, and (if payment has been received by us) you will be refunded accordingly.

4.3     All prices are stated in Philippine pesos and are inclusive of Value-Added Tax.

 

5.       NO WARRANTIES

5.1     All omCommerce Products and data or information on our Store are offered or provided on an “as-is” and “as-available” basis. We do not warrant that the availability, description, images and prices of the omCommerce Products stated on our Store are accurate and complete. We will not be liable in any way for inaccuracy and incompleteness in relation to the availability, description, images and prices of omCommerce Products or any data or information on our Store.

 

6.       RISK

6.1     Risk of damage to, or loss of, the omCommerce Products shall pass to you at the time of delivery.

6.2     Notwithstanding delivery and the passing of risk in the omCommerce Products or any other provision of these Terms of Sale, title to the omCommerce Products shall not pass to you until omCommerce has received in cash or cleared funds payment in full of the price of the omCommerce Products.



7.       RETURNS AND EXCHANGES

7.1     Refunds and returns shall be subject to the Ompbiz Terms of Service.



8.       LIABILITY

8.1     Ompbiz exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law, including that the quality of omCommerce Products will meet your needs or expectations after any form of misuse, abuse, normal wear and tear, product mishandling, misguided usage and/or deviation from printed instructions. We will not be liable for damages which are not reasonably foreseeable arising out of or in connection with your order of omCommerce Products through our Store.

8.2     Where the manufacturer or distributor of omCommerce Products has issued a warranty in respect of such omCommerce Products, you hereby agree to look solely to such manufacturer or distributor for any claims related to such warranties, and to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless against such claims.

8.3     Except to the extent required by any applicable law, we will not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed on our Store.

8.4     Ompbiz shall not be held liable to you or any party for any damages, losses, expenses or costs whatsoever (including without limitation, any death, injury, direct, indirect, special, exemplary, incidental or consequential damages, or economic loss or loss opportunity) arising out of or in connection with your order and/or purchase of omCommerce Products, materials or online services provided at our Store, regardless of the form of action and even if we had been advised as to the possibility of such damages.Our exclusion clause shall take effect to the full extent permitted by law.

8.5     For the avoidance of doubt, we shall in no event be liable for any death, injury, direct, indirect, special, exemplary, incidental, consequential, or other indirect damages or costs of any kind incurred by you arising from or in connection with:

(i)      any access, use or the inability to access or use our Store, or reliance on the Materials and/or any information contained in our Store;

(ii)      any mishandling and/or abuse of any omCommerce Product by you or other persons;

(iii)     use of any omCommerce Product by you or other persons in any manner, whether foreseeable or otherwise, and you expressly assume all risks associated with usage and storage of all omCommerce Product upon delivery;

(iv)     Any delay in delivery or cancellation of order and refund;      

(v)     any system, server or connection failure, commission, interruption, delay in transmission, or computer virus;

(vi)     Any use of or access to any other website linked to our Store, even if we or our agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement of such websites and such websites should only be used or accessed at the site your own risk. In no occasion shall Ompbiz be considered to be an associate or affiliate in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on the websites to which our Store are linked; or

(vii)    Any exercise of rights by us under Ompbiz Terms of Sale, the Terms of Service, any Policy and any other rights provided by law.

8.6     In any event, and notwithstanding anything contained in ompbiz terms & conditions, our maximum aggregate liability in contract, tort (including negligence or breach of the statutory duty) or otherwise arising out of or in connection with your order and/or purchase of omCommerce Products shall be limited to the price of the omCommerce Products ordered and/or purchased from our Store.

8.7     Notwithstanding the foregoing, nothing in these Terms of Sale (a) excludes, restricts or modifies any condition, warranty, right or liability implied into these terms and conditions where to do so is illegal or would render any provision thereby void; or (b) shall limit or exclude any liability for death or personal injury caused by our negligence. 

 

9.       INTELLECTUAL PROPERTY

9.1     All content included in or made available through our Store, including but not limited to information, communications, software, graphics, images, videos and sounds (the “Materials”), including all copyright and any other proprietary rights, are property of omCommerce, its content providers and/or third party licensors. All rights are reserved.

9.2     The Materials shall not be reproduced, modified, transferred, or distributed, republished, downloaded, posted or transmitted in any form, or by any means including but not limited to electronic, mechanical photocopying or recording without our prior written consent. You shall also not, without Ompbiz prior written consent, insert any hyperlink to our Store on any other website or “mirror” any Materials on any other server or website. Without prejudice to the foregoing, you agree that the Materials contained within or available through our Store may not be used for commercial purposes or distributed commercially.

9.3     The trademarks, service marks, trade names and logos (“Trade Marks”) used or appearing on our Store are property of omCommerce, its affiliates or third party licensors. You may not, without our prior written consent, use any Trade Marks as a hyperlink to our Store or any other website.

 

10.     LINKS

10.1   From time to time, our Store may also include links to other websites. These links are for the convenience to provide further information. They do not signify whether we endorse these other websites. We have no responsibility for the content of these other websites. We make no representations or warranties that these other websites do not infringe the intellectual property rights of any person. We are not authorizing the reproduction of any material found on these other websites.

 

11.     DATA PROTECTION

11.1   Any personal data you transmit to us will be collected, used and/or disclosed in accordance with ompbiz Privacy Policy.

 

12.     INDEMNITY

12.1   You agree to totally and completely indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand from and against all claims, liability, damages, losses, expenses, including legal fees, arising out of any (i) breach of our Terms of Sale, (ii) any liabilities arising out of the use of our Store, and (iii) any violation of any law or the rights of a third party, including intellectual property infringement pertaining to any content which you post or transmit via our Store, by you or any persons accessing our Store using your account and/or your personal information.

 

13.     GENERAL TERMS

13.1   Any delay or failure to insist upon strict performance of any provisions hereof shall or not be deemed a waiver of our rights and remedies. The invalidity of any provision of these terms & conditions shall not adversely affect the validity or enforceability of the remaining provisions.

13.2   These Terms of Sale supersede all prior representations, understandings and agreements between us.

13.3   Any term or condition, or any part thereof, which is declared or adjudged to be illegal, invalid, prohibited or unenforceable under any applicable law in any jurisdiction will be inadequate to the extent of such lawlessness, invalidity, prohibition or unenforceability without invalidating, vitiating or rendering unenforceable, the remaining terms or conditions of these Terms of Sale, and any such illegality, invalidity, prohibition or unenforceability in any jurisdiction shall not refute, vitiate or render unenforceable any such conditions in any other jurisdiction.

13.4   We shall not be liable to you for loss or damage resulting from delay or failure to perform our obligations under these Terms of Sale, either in whole or in part, when the same is due to causes beyond our reasonable control, including but not limited to civil war, insurrections, strikes, riots, fires, floods, explosions, earthquakes, serious accidents or any acts of God, government regulations, epidemics, quarantine or labor trouble resulting in cessation, slowdown or interruption of work. In the event of the same, our obligations herein shall be extended for the periods of such circumstances only so far as they affect the performance of our obligations under these Terms of Sale. 

13.5   These Terms of Sale and any rights, obligations and licenses granted therein may not be assigned or transferred by you, but may be assigned or transferred by us without restriction.

13.6   Clauses 2 (Your Status), 3 (Placing an Order), 5 (No Warranties), 9 (Intellectual Property), 10 (Links), 11 (Data Protection), 12 (Indemnity), and 13 (General Terms) shall survive any expiration or termination of the Terms of Service.

13.7   A person who is not a party to any agreement governed by these terms and conditions has no right to enforce any of the terms of such agreement.

13.8   These Terms of Sale shall be governed by and construed under the laws of the Philippines. You agree to submit to the exclusive jurisdiction of the courts of Cavite City in relation to and/or in connection with these Terms of Sale.

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