By signing up, registering or making a purchase through the MANG JOHNNY Website, you agree to comply with any and all policies, guidelines, terms, notices, rules and/or instructions issued by MANG JOHNNY, or any amendments thereto, relative the sale of products through the MANG JOHNNY Website.
MANG JOHNNY shall endeavor to provide you an accurate description of all the products available for sale in its website. This, however, shall not serve as a warranty of MANG JOHNNY that such description is correct, precise or error-free. It is still your responsibility to inquire further about the specifications of a product by notifying MANG JOHNNY directly through firstname.lastname@example.org prior to finalizing your sale should you prefer a more accurate information on a product. Nevertheless, should a product be significantly and/or fundamentally different from what you may have purchased, the MANG JOHNNY Return Policy contained in clauses under Clause 5 shall be applicable.
You understand that just because a product offered and advertised for sale in the MANG JOHNNY Website is also offered and advertised for sale in another website does not mean that it is actually the same product. It is still your responsibility to confirm with MANG JOHNNY through email@example.com whether such product is the same one offered in a different website, or whether all such components, parts and the like are likewise included in the purchase of the product through the MANG JOHNNY Website.
Purchase of Products
Your purchase of a product from the MANG JOHNNY Website shall be deemed finalized, hence, irrevocable and unconditional, once you Checkout and have particularly selected your Delivery/Shipping Options and Payment Options. Once finalized, MANG JOHNNY shall be processing your purchase of the said product in accordance with the Delivery/Shipping Options and Payment Options you have selected.
MANG JOHNNY expressly reserves its right to limit its sale of any product to any person for whatever reasonable classification, including among others, the geographical location where the product is to be shipped or caused to be delivered by any such person.
MANG JOHNNY shall endeavor to provide and allow your purchase through the MANG JOHNNY Website. This notwithstanding, you understand that MANG JOHNNY expressly reserves the right to refuse any purchase you may make by virtue of the MANG JOHNNY Website for any reason MANG JOHNNY may deem fit provided that any and all payments to MANG JOHNNY you may have made on account of your purchase of a product is returned to you.
It is your responsibility to be available to have a representative ready to accept any and all deliveries of products purchased through the MANG JOHNNY Website. MANG JOHNNY reserves the right to terminate your transaction through the MANG JOHNNY Website should you fail to timely accept the product you purchased through the MANG JOHNNY Website. MANG JOHNNY, at its sole and exclusive discretion, may forfeit the entire amount you have paid for the purchase of the product, or may reimburse you for any amount you have paid subject to deductions for costs incurred by MANG JOHNNY.
Accurate Information To Be Provided
It is your responsibility to make sure that any and all information provided to MANG JOHNNY are correct, accurate and true. MANG JOHNNY shall deliver/ship you the product that you have ordered strictly in accordance with the information you have provided. Similarly, MANG JOHNNY shall be billing you for your purchase of a product strictly in accordance with your selected mode of payment.
MANG JOHNNY shall not be held accountable or liable for any loss or damage in the product you may have ordered, or in any Failed Delivery/Shipping of the product you may have ordered which may have resulted and/or be a direct consequence of any incorrect information you may have provided to MANG JOHNNY.
This Clause shall be applicable in the following limited circumstances:
- Should the product you ordered as advertised or posted in the MANG JOHNNY Website be different (wrong size, wrong item, wrong color, wrong model/variant, etc.) from the item that was delivered to you;
- Should the product you ordered be damaged or defective and the damage or defect is not attributable to your fault or negligence in the handling of the product or your timely acceptance when a product is delivered/shipped to your billing address; and,
- Should the product delivered to you do not have the complete accessories for the product as indicated and enumerated in the MANG JOHNNY Website.
Should any of the circumstances contained in Clause 5.1 arise, it is your responsibility to inform MANG JOHNNY by sending an email to firstname.lastname@example.org about such circumstance and providing the following additional information: [i] Copy of the Invoice with its Number and Date of transaction, [ii] Photo of the defective / and or damage part, and [iii] Valid Reason of Return within twenty four (24) hours upon the delivery of the product to your billing address in order to be entitled to the Return Policy of MANG JOHNNY. Your failure to timely and properly comply may disqualify you to the strict terms and conditions of the Return Policy of MANG JOHNNY.
In addition to Clause 5.2 it is your responsibility to comply with the following additional conditions in order for you to be entitled to the Return Policy of MANG JOHNNY:
- The product must be available for return to MANG JOHNNY in its original packaging or box with everything that came with the product such as pouches, wraps, accessories, certificates, warranty cards, manuals, freebies, and/or bundled items;
- The product should be in its original state and there should be no attempts of altering the same (ex., wiring kits should be intact and not dislodged from holders);
- For products which may have specific serial numbers, such serial numbers should be intact and should not have been tampered with;
- For products which may have a manufacturer’s or factory’s seal, such seal should be intact and should not have been broken – any attempt to break such seal will automatically disqualify you for the return of the product; and,
- You have not committed anything through fault or negligence that would disqualify you from the manufacturer’s warranty.
The following reasons shall not be accepted to be covered by the Return Policy:
- You changed your mind about a product you purchased;
- You did not like the product or any part of the product (i.e., actual size, actual color, etc.);
- The product is not working and/or defective and the reason for the defect is shown to be attributable to your actions or negligence in the handling of the product or in the timely acceptance of the delivery; or
- You have misused the product.
In order to qualify for the Return Policy of MANG JOHNNY, it is understood that you shall initially shoulder the return of the product to MANG JOHNNY. You will be reimbursed for your costs provided that such costs you have incurred in the return of the product are reasonable, as may be determined by MANG JOHNNY, and that you are not disqualified to the Return Policy contained in all the clauses under Clause 5 of this document. In the interest of clarity in the costs that you may incur, but shall be subject to reimbursements, it is your responsibility to coordinate with MANG JOHNNY through email@example.com to determine the most cost-efficient and feasible manner in returning the product to MANG JOHNNY.
In purchasing a product from the MANG JOHNNY website, you understand that the only warranty that is offered for the product is the warranty extended by the manufacturer of such product. In the interest of clarity, it shall be the manufacturer who would be dealing with any and all matters pertaining to any defects in the product. The most that you may expect from MANG JOHNNY will be that MANG JOHNNY may act as an intermediary between you and the manufacturer.
It is only when the product is recognized and accepted by its respective manufacturer to be defective that MANG JOHNNY, at its sole and exclusive discretion, may be expected to perform the following:
- Cause the repair of the product;
- In the event that the product cannot be repaired, that MANG JOHNNY may issue a replacement;
- In the event that there is no more replacement available for a product (with the same specifications), that MANG JOHNNY may issue a refund for the product.
MANG JOHNNY shall not be liable to you for any breach, late delivery, or failure to deliver any product you may have purchased through the MANG JOHNNY Website should the same be attributable to causes beyond the control of MANG JOHNNY or any such cause, albeit foreseeable, cannot be prevented. In the interest of clarity, this causes may included, without limitation, the following:
- Strikes, lock-outs or any such industrial action which may affect MANG JOHNNY and/or the manufacturer of the product you may have purchased through the MANG JOHNNY Website;
- Wars, civil riots, uprisings, terrorist attacks, or even the threats of such enumerated circumstances;
- Natural disasters which may include but shall not be limited to floods, storms, fires, earthquakes, epidemics, and the like;
- Difficulty and/or impossibility of use of normal logistical modes of delivery of MANG JOHNNY; or,
- Any other acts of government which may affect the terms and/or conditions contained herein.
Privacy of Information
MANG JOHNNY shall protect any and all information you would be submitting by reason of any purchase in the MANG JOHNNY Website to the extent allowable by law, and to the utmost abilities of MANG JOHNNY. This notwithstanding, MANG JOHNNY reserves the right to transmit any information you submitted unencrypted for whatever purpose. This, notwithstanding, any credit card information you will be providing to the MANG JOHNNY Website by reason of your purchase of a product shall always be transmitted encrypted.
MANG JOHNNY reserves the right to terminate your transaction with MANG JOHNNY on the following grounds:
- Should there be an error in the price posted in the MANG JOHNNY Website and/or you paid for and the actual store retail price of the product, provided that you are informed about the same by MANG JOHNNY prior to the delivery/shipping of the product, and provided further, that any charges to your account by reason of the purchase are refunded to you by MANG JOHNNY;
- Should you be deemed by MANG JOHNNY to have provided any false and/or fraudulent information in the use and/or purchase of a product through the MANG JOHNNY Website;
- Should it be determined that you have created numerous or multiple accounts in your purchase of any of the products offered for purchase in the MANG JOHNNY Website;
- Should you fail to timely receive and/or accept the product once delivered to your delivery address; or,
- Should you commit any breach of any of the terms and/or conditions contained herein, including among others any misrepresentation in the commitments, representations, warranties deemed made or contained herein.
MANG JOHNNY reserves the right to amend, modify, alter, or change any of the policies, guidelines, terms, notices, rules and/or instructions issued by MANG JOHNNY relative the sale of products on the MANG JOHNNY Website. For each purchase made through the MANG JOHNNY website, you understand and accept that it is your responsibility to keep yourself updated to any and all policies, guidelines, terms, notices, rules and/or instructions for the sale of products through the MANG JOHNNY Website issued by MANG JOHNNY.
You understand, agree and accept not to hold liable, free and harmles MANG JOHNNY, is subsidiaries, affiliates, stockholders, officers, employees, and the like from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of the terms and conditions contained herein or you violation of any such right of any such third party.
Should a court of law find MANG JOHNNY or any of the people enumerated in the immediately preceding section liable, notwithstanding your representation and/or commitment contained in the immediately preceding section, you warrant and represent that any such liability of MANG JOHNNY shall be limited only to the amount of the product purchased by you for such transaction, and you undertake to shoulder any such liability which may be imposed in excess of such cost.
You understand that this agreement shall be governed and construed in accordance with the laws of the Republic of the Philippines.
Negotiation Period & Court Venue
It is understood that before any court action is resorted to by any of the parties herein, that a thirty (30) calendar day period for the parties to enter into good faith negotiations to settle the issues and/or differences shall be availed of. In the interest of clarity, such thirty (30) day period shall be commenced to have run on the date of sending through registered mail of a party herein of an invitation for such good faith negotiations to the last known address of the other party in its records.
Should the period mentioned in the immediately preceding clause lapse without any reply from the other party, or should such good faith negotiations prove unsuccessful in coming about an amicable resolution between the parties, the parties herein understand, agree and accept to resort to the courts of Manila with proper jurisdiction to the exclusion of all the other courts.
Risk Over the Product
You understand that the risk of damage to or loss to any of the products purchased through the MANG JOHNNY Website shall pass to you at the time of delivery of such product to your prescribed delivery address, or should you wrongfully and without reasonable justification, as may be determined by MANG JOHNNY, refuse to accept the delivery of such product, upon the tender of such product to you.
Notwithstanding the delivery of the product, you understand, agree and accept that no such ownership over a product shall be passed on to you until MANG JOHNNY is properly paid-out the price of the product including other costs for purchase of the same. At this juncture, until such time that ownership shall vest to you over the product, MANG JOHNNY reserves the right to cause you the return of the product, and/or shall have the permission to acquire the same from you without any liability on MANG JOHNNY.
Subcontract / Delegation
You understand that MANG JOHNNY may subcontract and/or delegate any and all obligations it has by virtue of this agreement, to any third party, including among others, any logistics entity for purposes of the delivery of the product you may have purchased through the MANG JOHNNY Website, even without your express consent.
Through your purchase of a product from the MANG JOHNNY Website you understand, agree and accept that such purchase was merely made for your convenience, specifically, in you not having to proceed to any of the stores, outlets, or shops MANG JOHNNY would usually cater to or supply. Unless otherwise specifically stated in the MANG JOHNNY Website, nothing in the MANG JOHNNY Website shall be deemed as a promise, commitment or undertaking by MANG JOHNNY of any additional service you may believe to be entitled to from MANG JOHNNY. It is your responsibility to inquire or confirm with MANG JOHNNY, through firstname.lastname@example.org, relative any additional service, other than delivery, you may be expecting pertaining to your purchase of a product in the MANG JOHNNY Website.
By availing of any of the products offered for purchase in the MANG JOHNNY Website, you represent and warrant that you are at least the age of majority or you have given MANG JOHNNY your express consent to allow any of your minor dependents to access and/or make a purchase in the MANG JOHNNY Website.
By availing of any of the products offered for purchase in the MANG JOHNNY Website, you represent and warrant that you shall not use any of such purchased product for any illegal or criminal activity. In the same manner, in providing a specific billing or delivery address as part of your purchase from the MANG JOHNNY Website, you represent and warrant that the delivery of such product purchased from the MANG JOHNNY Website shall not constitute as a crime or is not a prohibited article in the general location of your billing address.
In making a purchase of a product through the MANG JOHNNY Website or in providing your information for purposes of a purchase of a product through the MANG JOHNNY Website, you agree not to abuse, misuse, or exploit any portion of the MANG JOHNNY Website including, among others, the services being provided by MANG JOHNNY. In addition, you are strictly prohibited from infringing on any intellectual property right owned by MANG JOHNNY and/or the manufacturer’s of a product. Similarly, it goes without saying that you shall not transmit or distribute a virus of any type or any such object which shall harm the services or functions of the MANG JOHNNY Website. Any breach of this provision may hold you accountable with law.
Nothing contained herein shall make or shall be deemed to make any relationship between MANG JOHNNY and you, other than a seller-buyer relationship, respectively.
The failure of MANG JOHNNY for any length of time to enforce any such right contained herein shall not be deemed as a waiver of MANG JOHNNY to enforce such right.
Should there be doubt in the interpretation of any provision contained herein, such provision shall not be construed against the drafting party.
References to money in the MANG JOHNNY Website shall be understood to be in the currency of Philippine Pesos, unless expressly so stated in the MANG JOHNNY Website otherwise.
In the event any of the provisions contained herein, or any portion of any such provision, shall be deemed to be void, unlawful, voidable or unenforceable, such provision shall be enforced to the extent that the same may be allowable by law. This notwithstanding, should a provision be declared void, unlawful, voidable or unenforceable, such provision shall not affect the validity and unenforceability of any other provision contained herein.
The terms and/or conditions contained herein shall apply to any and all aspects of your use of the MANG JOHNNY Website, including among others, your supply of any information to MANG JOHNNY relative your purchase or intended purchase of a product through the MANG JOHNNY Website. You acknowledge that there is no undertaking, promise, warrant or representation given by MANG JOHNNY that would be binding on MANG JOHNNY unless the same is actually expressly discussed herein.