TERMS AND CONDITIONS

Transcription

1 TERMS AND CONDITIONS ABS-CBN International through this website - ( Site ) offers for purchase exclusive ASAP shirts to customers in the United States. These Terms and Conditions ( Terms ) govern the relationship between ABS-CBN International ( ABS-CBN, us or we ) as seller and you as customer and/or user. Any reference to we, us, or our in the Terms refer to ABS-CBN International. Any reference to you or subscriber or customer or user refer to the person using and/or purchasing from the Site. We may update the Terms from time to time without prior notice and your continued use of the Site constitute your acceptance of the Terms, and any amendment or updates thereto. Unless otherwise specified, any new feature/s of the Site shall be subject to the current Terms. Current versions, including recent updates, will be available for review on the Site. Should you wish to discontinue the use of the Site at any time, you may opt out by following the instructions contained on the Site. COLLECTION OF INFORMATION Upon the acceptance of your full and proper registration within the Site, you may purchase any of the available products on the Site (the Product/s ). In consideration of the use of the Site, you represent and warrant that you are of legal age and that you are capable of entering into and forming a binding contract with us. You also represent and warrant that you are not prohibited from availing or receiving the services under the laws of the Unites States of America. You furthermore expressly warrant that you are entering into agreement and purchasing the Product/s for your personal use only. You also agree to provide us true, accurate, and complete information about yourself when you fill up the Customer Information Form and to update your information to keep it true, accurate, and complete. We have the right to suspend or terminate your account and/or to refuse future purchases or orders if there is reasonable ground to believe that you have not provided true, accurate and complete information about yourself in the Customer Information Form or in the event of your violation of any of the Terms detailed herein. You hereby expressly acknowledge that the use of the Site and the purchase of the Products arising hereof are exclusively provided by ABS-CBN and may be altered or discontinued at any time at its sole discretion and with no notice to you. There are reasonable precautions in place to keep the personal information disclosed to us secure. We are not responsible, however, for the content or privacy policies of websites to which it may link. Please keep in mind that whenever you voluntarily disclose personal information online-either on message boards, through or in chat area-that information can be collected and used by others. Thus, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Furthermore, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us through these public channels, and you do so at your own risk. You are solely responsible for maintaining the secrecy of your account information. Please be careful and responsible whenever you're online.

2 PRIVACY POLICY AND USE OF PERSONAL INFORMATION Your privacy is important to us. By agreeing to and accepting the Terms hereof, you acknowledge that certain personal information may be collected, transferred, stored, recorded, shared and used exclusively by ABS-CBN, the ABS-CBN Group and Subsidiaries and Affiliates. We are committed to safeguarding your personal information and will use all good faith efforts to ensure that it is secure. When you register within the Site, we ask for your personal information such as your name, address, mailing address including city, state, and country. We also collect information about your transactions with us, including the Product/s you purchase and how you use the Site. We also record information from your computer hardware and browser, including your IP address, cookie information, software and hardware attributes. We will not rent, sell, provide or share your personal information with other people or nonaffiliated or non-related companies, except to trusted business partners and service providers. We will limit access to your personal information to employees, agents, and representatives who need to access your personal information in order to accomplish their functions. Furthermore, these employees, agents and representatives are obliged to keep your personal information confidential. Your full and proper registration authorizes ABS-CBN, the ABS-CBN Group and its Subsidiaries and Affiliates the express right to use your disclosed personal information as detailed herein. We may use your personal information for the following purposes: a) to fulfill your requests for ABS-CBN s Products, services and/or activities, and/or information related thereto; b) to market, promote and advertise the products, services, events, initiatives and activities of ABS-CBN, the ABS-CBN Group and its Subsidiaries and Affiliates; c) to customize ABS-CBN s, the ABS-CBN Group s and its Subsidiaries and Affiliates advertising, promotional and marketing activities; d) to conduct research, survey and perform statistical analyses of user behavior in order to measure relative consumer interest on various products, services and activities of ABS-CBN and its Subsidiaries and Affiliates; e) to inform advertisers or sponsors how many have responded to an advertisement or promotion; f) to promote and manage ABS-CBN s, the ABS-CBN Group s and its Subsidiaries and Affiliates customer loyalty and/or customer retention program/s; g) to pass on information to the relevant government agency or institution for fraud information; h) to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violation of the Terms, or as otherwise required by law; i) to transfer information if the Service is acquired by another company; j) to transfer, move, copy, record, store and use your personal information outside the country where you are subscribed to the Service; k) to be used as a basis for displaying targeted advertisements in the Site; l) to respond to subpoenas, court orders or legal processes, or to establish or exercise ABS-CBN s rights or defend legal claims against ABS-CBN; and m) to contact you and communicate with you for any of the foregoing purposes. You agree that we may share and transfer your personal information with and to the ABS-CBN Group and Subsidiaries and Affiliates and that ABS-CBN, the ABS-CBN Group and its Subsidiaries and Affiliates may use your personal information for the foregoing purposes without further notice. You also agree to indemnify and hold ABS-CBN, the ABS-CBN Group and its Subsidiaries and Affiliates, their officers, agents, directors, stockholders and employees free and harmless from and against and all claims, damages, liabilities, costs and expenses,

3 including attorney s fees, in connection with the permitted use of your personal information as detailed hereinabove. You also authorize our service provider to collect personal information that may be used to contract, identify or locate you. You also authorize our service provider to collect non-personal information that may include your IP address, browser type, your computer s operating system, what pages you view, what links you click, the amount of time you spend on certain pages and certain demographic information such as age and gender. If you have questions or if you prefer that we refrain from or limit the use of your personal information, please advise us by going to the Contact Us page. We shall continue using your personal information for the foregoing purposes until and unless we receive your advice requesting us to refrain from or limit the use of your personal information. YOUR CALIFORNIA PRIVACY RIGHTS. California Civil Code Section permits customers of Company who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an to customerserviceus@abs-cbni.com. THIRD PARTY INFORMATION Where information collected by ABS-CBN includes third party information, you represent and warrant that you are duly authorized to disclose or provide such information for the purposes stated herein TERMS OF SALE Account You are required to complete the Customer Information Form which contains your basic information, and billing / shipping address in order to purchase the Product/s. Once registered, you can choose the size and quantity of the Product/s and purchase the chosen Product/s. The selected Product/s will then be added to your cart. Upon completing your selection of Product/s, you may proceed to checkout the Product/s by clicking on the Buy Now button. The Site can be accessed only from the United States of America and its territories. You understand that some or all Product/s provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. Tfc-usa.com does not represent or warrant that any Product/s promoted or shown on the Site will be available for purchase by any particular person. Charging All published prices shall be indicated in US Dollars (US$) on the Site, and all purchases made on the Site shall likewise be charged in US$. Once you've placed your order, you need to

4 provide your credit card details in order for your credit card to be charged for the purchase of the Product/s. All payments must be received in full. If your payment is not received or declined by your bank or credit card issuer, you cannot purchase the Product/s. SHIPPING AND DELIVERY Orders for in-stock items will be shipped within 48 business hours upon receipt of order. ships via FedEx to the 48 U.S. contiguous states. Shipping Method FedEx Ground In-stock items will arrive 7-10 business days from fulfillment / ship date Please note: Items ordered together will not necessarily be shipped together. Delivery Charges Delivery charges are based on the total value of the merchandise shipped to each address. Order Total FedEx Ground or USPS Up to $20.00 $6.00 $20.01 to $40.00 $8.00 $40.01 to $60.00 $10.00 $60.01 to $80.00 $12.00 $80.01 to $ $14.00 $ to $ $16.00 $ to $ $18.00 $ to $ $20.00 $ to $ $22.00 $ to $ $24.00 $ to $ $26.00 $ to $ $28.00 $ to $ $30.00 $ to $ $32.00 $ to $ $34.00 $ and over Please Call *Prices and availability are subject to change. Items tagged "PRE/BACK ORDER" are not yet available. By purchasing "PRE/BACKORDER" tagged items, you are simply reserving the item(s). These items will be shipped out as soon as they arrive. PRE/BACK ORDER" items must be ordered separately from available items. Failure to do so may result in delay of shipment(s).

5 RETURN AND EXCHANGE POLICY Products purchased online through the Site, which meets the guidelines below, may be returned via mail to our authorized return center. Before returning anything by mail to us, you must obtain a Return Merchandise Authorization Number ( RMA# ) by calling the 24-hour Customer Service hotline ( ). Any returns mailed to us without a pre-approved RMA may be refused without notice, automatically returned and a handling fee may be assessed. Return Period All Returns, either for exchange or for credit, must be made within twenty-one (21) calendar days from the fulfillment date, which is also the order ship date. Returns should be mailed out within 21 calendar days from date of receipt of merchandise. Damaged or defective items must be reported within fourteen (14) calendar days from the fulfillment date, for exchange only. Exceptions The following items are not returnable: Any item that has no proof of purchase from ABS-CBN International. Any item that is returned beyond the allowed time period. Any item that is not in its original condition. Any item that has been used. Apparel without the original tags and/ or original packaging. Any item purchased during an expo or event Allowable Returns If the original item is opened and is confirmed damaged or defective by Returns Department, or if an incorrect item was shipped. Please see details below (Damaged, Defective or Incorrect Items section). If the item is in its original packaging and unopened, subject to any applicable restocking fees. Please see details below. (Return/ Exchange of Unopened Items section) Our Returns Department will validate your return claims. Any returns mailed to us without a pre-approved RMA#, invalid claims, and missing the original packaging/ parts may be refused without notice, automatically returned and a handling fee may be assessed on the original form of payment.

6 Restocking Fee A restocking fee equivalent to 20% of retail price will be assessed on all returns. Merchandise is visually inspected before shipping but in the event that merchandise arrives damaged or defective or is incorrect, a claim will be filed and the restocking fee will be waived. Refused shipments will be considered as returns in original packaging and are subject to 20% restocking fees. Damaged, Defective or Incorrect Items If merchandise returned is damaged, defective or is the incorrect item, a replacement for the original item ordered will be sent upon return of merchandise. Replacement will be only for the same product. Call Customer Service hotline 24 hours a day, 7 days a week, at for proper procedure and your RMA Number. Ground shipping cost for the return of the merchandise will only be refunded upon confirmation that item is damaged, defective or incorrect. Please note that in instances that customer opted to send item through Express or other means, only the equivalent ground shipping cost will be recognized. Return/Exchange of Unopened Items Merchandise returned in their original new unopened condition, within the specified time period, can be exchanged for another item of at least equal value. Return for credit is also accepted, subject to the return period allowance and any applicable restocking fees. Promotional Items/ Packaged Items or Kits Products purchased with promotion (free item with purchase) that is returned without the promotional item(s) included, will have the value of the promotional item deducted from the refund amount. Any product purchased when a free shipping offer is available will likewise have the equivalent shipping and handling cost, as determined by the Returns Department, deducted from the refund amount. Shipping and Handling of All Returns In general, shipping and handling fees are not refundable. You will be responsible for all shipping and insurance charges for returns, unless otherwise indicated. If you choose not to insure your package, and we do not accept return of the product, you will be responsible for any loss or damage. For products that are confirmed defective, we will reimburse you for equivalent ground shipping expenses fees. Refunds will be credited back to the original card used for the transaction. How to Return Merchandise How to Return/ Exchange Merchandise

7 1. Call Customer Service at for the RMA#. 2. Mail (with tracking number) through any shipper or courier and address to: Attn: Returns Department ABS-CBN International 150 Shoreline Drive Redwood City, CA MARKS AND LOGOS You acknowledge that ABS-CBN, the ABS-CBN Group and/or its Subsidiaries and Affiliates owns and/or has the exclusive right to use TFC mark and logo, ABS-CBN logo and other marks and logos related to tfc-usa.com (collectively the ABS-CBN marks ). You agree not to use or display any ABS-CBN mark/s in any manner, and/or not to assert any right or claim thereto or ownership thereof. ADVERTISEMENTS AND LINKS The Site may show advertisements and communications from ABS-CBN, and its Subsidiaries and Affiliates. Unless otherwise specified, no advertisement, communication or information shall be deemed as a binding offer from ABS-CBN, or its Subsidiaries and Affiliates. Furthermore, ABS-CBN makes no warranty, representation(s) or endorsement of any goods or services offered thereof. Instead, the advertisement, communication or information may be considered as an invitation for you to purchase products of ABS-CBN and its Subsidiaries and Affiliates or to engage or avail of their services. The Site may also show advertisements and communications from advertisers other than ABS- CBN ( Other Advertisers ). You agree that your correspondence or dealings with the Other Advertisers are solely between you and the Other Advertisers. You agree and acknowledge that ABS-CBN shall not be liable for, and that you shall hold ABS-CBN and its Subsidiaries free and harmless from, any loss, claim, suit, proceedings or damage in connection with your correspondence or dealings with the Other Advertisers. The Site may also provide links to other internet sites. You agree and acknowledge that ABS- CBN shall not be responsible or liable, directly or indirectly, for any damage or loss caused by your use of any content, goods or services available in other internet sites. No warranty, implied or express, is offered by ABS-CBN or its affiliates as to any goods or services provided by its advertisers. DISCLAIMER We disclaim any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular use or purpose. You agree and acknowledge that we shall have absolutely no liability in connection with the provision of the service or your purchase of the Product/s including, but not limited to, any liability for damage

8 to your computer hardware, data, information, materials and business resulting from your use of the service. INDEMNITY You agree to indemnify and hold ABS-CBN International, its Subsidiaries and Affiliates and their directors, officers, agents, or other partners, and employees, free and harmless from and against and all claims, damages, liabilities, costs and expenses, including attorney s fees, made by any third party due to or arising out of your use of the service, your connection to the Site, your purchase of the Product/s, your use of the facilities of the service, your violation of the Terms, your violation of the rights of any person or entity, or your violation of any applicable laws MISCELLANEOUS California Law shall govern these Terms and our relationship as distributor and customer without regard to conflict of law provisions. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience and have no legal or contractual effect.