This Purchase Agreement ("Agreement") is entered into by and between Agora Technologies Inc., a corporation duly registered and existing under the laws of the Republic of the Philippines with principal office address located at 2/F CBC Corporate Center 724 Shaw Blvd., Wack Wack Mandaluyong City 1552 Philippines hereby referred to as “Marketa” and herein Buyer, who is of legal age and has the means and capacity to enter into this Agreement.
WHEREAS, the Buyer wishes to purchase from Marketa a Product sold by its registered sellers (“Merchants”) in its online marketplace platform through its registered domains: Marketa.ph, Marketa.com.ph, Marketa.asia, and / or its direct mobile applications (i.e., Apple, Android environment) (“Territory”)
WHEREAS, Marketa, on the other hand, upon instruction and order of the Buyer shall facilitate the purchase transaction of the Product between the Buyer and its registered Merchant/s.
- I.Duties and Obligations of the Buyer
- a. This Agreement, available on the registered domain ("Domain") of Marketa shall be accurately read by the Buyer before completion of the Product purchase process on the Domain.
- b. The Buyer declares his / her full capacity to stipulate and conclude this Agreement for the Product/s on the Domain on the basis of the Product Order Form ("Order"). In relation to this, Marketa shall under no circumstances be responsible for verifying the capacity of visitors and purchasers in the registered domain/s of Marketa. In the event that a Buyer lacking the necessary capacity to transact submits an Order, without prejudice to the parent's or guardian's responsibility for this Order and the relative payment, Marketa may refuse to accept the Order.
- c. The Buyer shall pay the Price of the Product/s purchased and any accessory costs, such as delivery costs either through any of the methods prescribed by Marketa or the Merchant within the period prescribed by Marketa and / or the Merchant from date of submission of the Order.
- d. On conclusion of the online purchase procedure, the Buyer shall print and /or keep these general terms which he / she would have already read and accepted as a compulsory part of the purchase process and shall also print out the specifications of the purchased product.
- e. The Buyer is strictly prohibited from inserting false and / or invented and / or fictional personal details and emails in the registration process required for the conclusion of this Agreement. The Buyer warrants that the details provided are actual and true information and not merely fabricated.
- II.Validity of the Purchase
- a. This Agreement is concluded once the Order is submitted and express consent is given by the Buyer through clicking the "Acceptance" button below, always after viewing the Domains of Marketa providing the Order Summary containing the details of the Buyer, the Product ordered, the price of the Product purchased, delivery cost and any other applicable accessory costs, the procedure and terms of payment and confirmation of the delivery address of the goods.
- b. Once Marketa receives and validates the Order from the Buyer, it shall send a printable confirmation email with the Order Summary containing all details indicated in the previous clause, except for a copy of the Agreement. This confirmation through email shall serve as the acceptance of the Order of the Buyer, hence, considered as perfection of this Agreement.
- c. The ownership of the Product/s shall vest with the Merchant/s until full payment by the Buyer of the total purchase price, including payment of delivery costs, taxes, and other accessory costs, whenever applicable.
- d. By submitting an Order, the Buyer declares that he / she has read all notifications provided during the purchase procedure and full acceptance of the Agreement.
- e. The Buyer agrees to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Product/s through the Domain, as well as any amendments to the aforementioned, issued by Marketa (whether as part of use of the Domain or in relation to the purchase of Product/s, on behalf of Merchant), from time to time. Marketa reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Domain.
- f. While Merchant endeavours to provide an accurate description of the Product/s, neither Marketa nor Merchant warrants that such description is accurate, current or free from error. In the event that the Product/s received is of a fundamentally different nature from the Product/s as described on the Domain and which the Buyer have ordered, Articles VII and VIII of this Agreement shall apply.
- g. Marketa may be a Merchant for selected Products (to be identified and marked by Marketa). The Merchant may also refer to a party other than Marketa (such party referred to in this Agreement as a "Third Party Vendor"). Whether a particular Product is listed for sale on the Domain by Marketa or a Third Party Vendor may be stated on the webpage listing that Product. Products sold to the Buyer by Merchants will be governed by individual Customer Contracts (more details below in paragraph j) which:
- ● For Products sold by Third Party Vendors, shall be agreements entered into directly and only between the Third Party Vendor and the Buyer; and
- ● For Products sold by Marketa, shall be agreements entered into directly and only between Marketa and the Buyer.
- h. The Buyer may place an Order by completing the Order form on the Domain and clicking on the "Place my Order" button. Merchant will not accept Orders placed in any other manner. The Buyer shall be responsible for ensuring the Accuracy of the Order by reviewing the order diligently before clicking the "Place my Order" button.
- i. Depending on the payment method, the Buyer has the right to cancel an Order within twenty-four (24) hours from the time of placing the Order or before the time the Merchant has confirmed the order (i.e. by pressing “Ready For Pickup, before buyer receives Marketa Code). The cancellation must be communicated to Marketa in writing or via email within the Prescribed Period. Upon the expiration of the Prescribed Period, all Orders are irrevocable and unconditional: All Orders will be deemed to be irrevocable and unconditional upon transmission through the Domain and Merchant shall be entitled (but not obliged) to process such Order(s) without further consent of the Buyer and without any further reference or notice to the Buyer. Nevertheless, in certain circumstances as stated in Articles VIII and IX, the Buyer may request to cancel or amend the Order which Merchant will endeavor to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Merchant is not obliged to give effect to any request to cancel or amend any Order.
- j. All Orders shall be subject to Merchant's acceptance in its sole discretion and each Order accepted by Seller (such accepted Order to be referred to as a "Merchant Contract") shall constitute a separate contract. The Buyer acknowledges that unless he / she receives a notice from Merchant accepting the Order, Merchant shall not be party to any legally binding agreements or promises made between Merchant and Buyer for the sale or other dealings with the Product/s and accordingly Merchant shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Merchant reserves the right to decline to process or accept any Order received from or through the Domain in its absolute discretion.
- III.Product Warranty
- a. The warranties with respect to a Product ("Product Warranty") sold under a Merchant Contract shall be as stated by Merchant via the Domain for the relevant Product/s, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty 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 Product Warranty, Merchant excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Product/s supplied.
- b. The Buyer acknowledges and warrants that he / she has not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Merchant which has not been stated expressly in a Merchant Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either Marketa or Merchant. The Buyer also acknowledges and agrees that to the extent allowed under Philippine law, the exclusion of warranties, exclusion of liability and exclusion of remedies in this Agreement and Merchant Contracts allocate risks between the parties and permit Merchant to provide the Product/s at lower fees or prices than Merchant otherwise could and you agree that such exclusions on liability are reasonable.
- c. Without prejudice to the generality of the foregoing paragraph b and to the extent allowed under Philippine law:
- 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 Merchant;
- 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 Merchant within six months from the date of delivery, or from the scheduled delivery of the Product.
- 3. Marketa shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, intangible losses, and any other type of damages caused by any breach of a Third Party Vendor's implied or express warranty on the Product/s;
- 4. for products shipped or sourced 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;
- 5. Merchant is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Marketa's prior written approval and the Buyer shall indemnify Seller against all Losses arising out of such claims;
- 6. Merchant 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
- 7. To the extent allowed under Philippine law, Merchant shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any.
- IV.Intellectual Property
- a. Unless the prior written consent of Marketa 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.
- b. Where software applications, drivers or other computer programmes 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 Merchant in connection with the Order, the use and retention of the Product Materials are subject to the terms and conditions of license or use (such as end-user licenses, restrictions or conditions of use) as may be prescribed by Merchant or its licensors and must not be used other than strictly in accordance with such terms and conditions.
- c. The Buyer agrees and acknowledges that the Product Materials shall remain the property of Merchant or its licensors. 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 Merchant or its licensors. Unless otherwise expressly provided in the Order or the prior written consent of Marketa has been obtained, the Buyer undertakes to return the Product Materials and/or any copies thereof upon Marketa's request.
- a. The prices of the Product/s offered up for sale on the registered domain/s are applicable within the context of digital selling and may vary from the retail prices or the average market prices applicable for the Product/s.
- b. 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 Merchant (through the Domain).
- c. The purchase prices, as indicated in the previous clause, are inclusive of Value-Added Tax.
- d. Delivery costs and any accessory costs (whenever applicable) shall be indicated and calculated in the purchase procedure before submission of the Order by the Buyer.
- e. The Merchant/s, through Marketa may change the Product's purchase prices delivery costs and other accessory costs at any time without prior notice. However, any Order received before the change in price shall be charged at the value of the previous prices.
- VI.Payment (Buyer Escrow Protection)
- a. The Buyer may pay for the Product using any of the payment methods prescribed by Marketa from time to time. When the Buyer places an Order, the funds are actually paid to Marketa and is put on escrow. Escrow means that payment is withheld by Marketa and is released by Marketa to the Merchant subject to the agreed terms and conditions agreed by the Merchant with Marketa.
- b. With reference to payment by Marketa wallet, Credit card, Bank Transfer, Bancnet ATM, Gcash, Paypal, ECPay, 7 Eleven, Over the Counter (which is referred to as “Prepayment”) through completion of the Order, the Buyer authorizes Marketa to use these payment methods the same with the product value of the cost, including transport costs, bank charges and any compulsory accessory costs.
- c. Marketa’s Delivery Team or Delivery partner may send an invoice and official receipt with the Product/s purchased by the buyer coming from the Merchant.
- d. All “Prepayment” orders shall be made in Peso, including transports costs, bank charges and any compulsory accessory costs.
- e. For merchant orders that will be fulfilled via Merchant’s logistics, Pickup or Meet up, the buyer acknowledges that providing the Marketa Code to the Merchant (and the latter processing it) will transfer the payment to the merchant’s behalf.
- f. In case the Buyer opts to make payments through foreign currency checks or direct debit, the Buyer agrees that all bank fees, charges, surcharges, and taxes imposed on the conversion or debit transaction shall be borne by the Buyer. Further, the Buyer understands that this Agreement is Philippine-Peso based therefore all payments made in foreign currency shall be credited to the Buyer’s account to their Peso values, based on bank’s official exchange rate on the date of receipt / clearing funds. Any under – or over-payments will be reconciled upon Unit turnover and the Buyer shall be billed or reimbursed accordingly.
- g. The Buyer understands that Official Receipts for foreign currency check payments will be emailed after clearing, which takes around thirty (30) days to sixty (60) days from date of deposit.
- h. The issuance of the aforementioned invoice and receipt shall be done on the basis of the details provided by the Buyer in the Order. No change shall be made after issue of the said documents.
- i. The Buyer shall carefully verify the details indicated upon submission of Order since these shall be used for accounting purposes.
- j. Should the Buyer avail of external bank financing for any portion of the purchase price, the Buyer shall be solely responsible for filing and / or submitting the requisite loan application prescribed by the bank at least three months before delivery, together with all the necessary supporting documents for the processing of the Buyer’s loan application for the purpose of causing the release of the loan proceeds to be used to finance the purchase within the payment period prescribed under the chosen payment scheme, it is being understood that any delay in the payment of any amount due shall be subject to a penalty charge of three percent (3%) per month or a fraction thereof of delay, without prejudice to the right of the Merchant or Marketa to cancel this Agreement and forfeit any reservations made. In the event that the loan application is disapproved or not processed within three months from date hereof or approved for a lower amount than that applied for, the Buyer shall undertake to pay whatever balance is still outstanding or in case of approval for a lower amount, to pay the difference, within thirty (30) days from receipt of the notice from the bank of its action on the loan application.
- k. Buyer may pay a reservation fee or downpayment for the purchase of the Product in accordance with the Merchant Stipulated Contract or conditions. It is understood that such reservation fee shall be non-refundable and non-transferable which will be good for such period as may be agreed upon with the Merchant. Upon expiration of said period without the Product being fully paid, the reservation fee may automatically be forfeited in full in favor of the Merchant (unless buyer would file for a claim for the forfeiture) and the Product shall be opened again in the Domain for sale.
- l. The Buyer fully understands that upon receipt of the Product/s and its reasonable inspection, he / she shall be precluded from cancelling the Order and shall not be entitled to any refund and any payment made shall be forfeited in favor of Marketa and / or the Merchant/s, subject to the provisions of Articles VII and VIII of this Agreement.
- m. All communications relative to payment are considered by Marketa and the Merchant as confidential. As such, it guarantees that whatever confidential information disclosed by the Buyer is protected by the Merchant, Marketa and its employees and agents.
- VII.Refund of Payment (Partial or Full)
- a. Refund of Payment may be triggered with the following instances:
- ● If the seller fails to deliver the goods on the prescribed acceptable schedule (up to a maximum of 60 days from the date of transaction) and there was no advise for the delay to the buyer.
- ● If the seller fails to deliver the correct goods and there was no explicit arrangement between the buyer and the merchant to settle in a consensual arrangement as prescribed in the Buyer Escrow Protection Arrangement.
- ● If the seller failed to perform Marketa's order confirmation process.
- ● If the product was eligible to Marketa’s 7 day buyer return protection (pre-condition is that the buyer should return the product first to Marketa for inspection and approval).
- ● If the order falls under the partial cancellation scenario.
- ● Item is proven to be second hand. Refurbish products is allowed.
- b. All refunds shall be made only via the Marketa wallet of the buyer. Buyer needs to register in order to be issued with their own Marketa wallet.
- c. We offer no guarantee of any nature for the timeliness of the refunds reaching your Credit card and Paypal account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
- d. All costs associated with the refund process (if any) shall be borne by Marketa.
- e. All refunds are conditional upon the Merchant’s and Marketa’s acceptance of a valid return of the Product (Refer to Annex A for more details).
- f. Marketa and the Merchant reserve the right to modify the mechanism of processing refunds at any time without notice.
- VIII.Returns/ Repairs / Replacements
- a. All returns must be done in accordance with the instructions set out in the Return Policy in Annex “A”. The Buyer is not obliged to agree to any return unless all such instructions are followed in accordance with the Merchant’s and Marketa’s satisfaction. Merchant may deliver the replacement Product to the Buyer’s registered address.
- b. Subject to paragraph a, within seven (7) days for items sold by Merchant from the date of delivery of the Product, the Buyer may return a Product when the Buyer:
- ● Receives a product that is fundamentally different in nature from the Product specified in the Merchant Contract; or
- ● Receives a faulty or damaged Product.
- c. As an alternative to returning faulty or damaged Products under paragraph b, the Buyer may request for a repair or replacement of such Products. Such request shall be irrevocable upon notification of the request to Marketa and the Buyer may not later elect for a return under paragraph b. Upon a repair or replacement being made as aforesaid, the Buyer shall have no further claim against Merchant.
- d. When Marketa has provided replacement Products or given the Buyer a refund, the non-conforming Products or parts thereof shall become Merchant’s property and upon request such Products or parts thereof should be shipped back to Merchant at the expense of the Buyer.
- e. Risk of damage to or loss of the Products shall pass to the Buyer at the time of delivery, or if the Buyer wrongfully fails to take delivery of the Products (or did not provide adequate shipping insurance), the time when Merchant (via Marketa or its agents) has tendered delivery of the Products.
- IX.Product Availability
- a. The Product/s on sale over the registered domains of Marketa are available during the entire time when published and within the limits of stock as defined by the Merchant.
- b. By means of an internal processing system, Marketa ensures the processing and issue of Order/s received in the shortest time possible, depending upon the workload of Marketa and stock availability.
- c. Although inventory level and pricing of each product is displayed as accurate and concise, Marketa system always perform a merchant confirmation process to verify availability and estimate pick up date from the merchant. Should the merchant failed to do the confirmation process, the payment (prepayment) that was made will be refunded to the Buyer as indicated on Section 7 of this agreement.
- d. If there is a total or partial unavailability of the product after submission of the Order by the Buyer, the latter shall be immediately informed of the unavailability of the Product and the total or partial cancellation of the Order by the Merchant using the most appropriate means.
- e. In the case of total cancellation of the Order through non-availability of the Product/s purchased: (1) The Buyer shall be informed of the total cancellation of the Order; and (2) Marketa shall reverse all sums paid by the Purchaser for the cancelled Order.
- f. In the case of partial cancellation of the Order: (1) The Buyer's Order shall be partially confirmed and the price shall only be paid for available products as indicated in the Order Confirmation email; (2) The Buyer shall be informed of the partial cancellation of the Order;(3) The available products shall be delivered to the Buyer; and (4) The unfulfilled value (or partially cancelled order value) will be refunded back to the Buyer (refer to section 7).
- X.Shipping and Delivery of Product/s
- a. The Product/s ordered by the Buyer on the basis of this Agreement shall be delivered to the address indicated by the Buyer as the Order delivery/shipping address or via other means (i.e. Merchant-Initiated Delivery, Pick up or Meetup).
- b. The ordered goods shall be sent within regular practicable delivery time which can be extended for acceptable periods if the Product is temporarily unavailable, which period cannot exceed thirty (30) days from that following the date of submission of Order by the Buyer, unless otherwise agreed by the Parties.
- c. No deliveries shall be made outside the Philippine territory unless explicitly indicated by Marketa.
- d. The Delivered Products shall be controlled and delivered to the courier or buyer without defect. If merchant utilizes Marketa Delivery service, Marketa shall not be responsible for damages and shall not provide a replacement or effect any repair unless an indication is made in the acceptance of delivery form, containing the complaint on the courier delivery report (that which is kept by the deliverer) using the terms “damaged goods”, “accepted subject to verification”, “packet accepted with reservations”, or similar terms which indicate or presume damage. Any complaint shall be immediately pointed out by the deliverer and immediately reported to the headquarters of Marketa and sent to Marketa’s electronic address at email@example.com or the courier’s headquarters of the relative area
- e. The delivery costs can be seen on the summary page of the orders on registered domains.
- f. All delivery timeframes given are estimates only and delays can occur. If the delivery of the Product is delayed, Marketa or Merchant may inform the Buyer accordingly via e-mail, and the Product will be dispatched as soon as it becomes available to the Merchant. The time for delivery shall not be of the essence, and Merchant (nor any of its agents) or Marketa shall not be liable for any delay in delivery howsoever caused.
- g. In the event the Buyer do not receive the Product/s by the projected delivery date and provided that the Buyer informs Marketa within three (3) days immediately from such projected delivery date, Merchant will try, to the best of Merchant’s ability, to locate and deliver the Product. If Marketa does not hear from the Buyer within 3 days from such projected delivery date, you shall be deemed to have received the Product subject to your rights under Philippine law.
- XI.Limitation of Responsibility
- a. Marketa shall not be held responsible for inefficiencies resulting from force majeure, should it fail to process the order within the period provided in this Agreement.
- b. Marketa shall not be held responsible against the Buyer, for inefficiencies or malfunctioning resulting from use of the registered domains and which are beyond its control.
- c. Furthermore, Marketa shall not be responsible for damages, losses and costs incurred by the Buyer following the cancellation of the agreement for reasons for which the former is not responsible; the Buyer shall not be entitled to a full refund of the purchase price paid and any accessory costs incurred.
- d. Marketa shall not assume any responsibility for fraudulent and illegal use by third parties, of the credit cards, checks and other means of payment, upon payment of the Product/s purchased, provided it proves the implementation of all possible precautions, adopted on the basis of the best known skill, experience and due diligence.
- e. MARKETA SHALL NOT BE LIABLE TO YOU 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 YOU, OR ITS USE OR RESALE BY YOU; AND (III) ANY DEFECT ARISING FROM FAIR WEAR AND TEAR, WILFUL 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).
- f. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE MERCHANT'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 MERCHANT CONTRACT, WILL NOT EXCEED THE SUMS THAT YOU HAVE PAID TO MERCHANT UNDER SUCH MERCHANT CONTRACT.
- XII.Product's Risks
- a. 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 Marketa or Merchant has tendered delivery of the Goods.
- b. 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 Marketa has received prepayment or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Marketa to the Buyer for which payment is then due.
- c. Until such time as Goods passes to the Buyer, the Buyer shall hold the Goods as Marketa's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
- d. The Buyer agrees with Marketa that the Buyer shall immediately notify Marketa or Merchant of any matter from time to time affecting Marketa’s title to the Goods and the Buyer shall provide Marketa or Merchant with any information relating to the Goods as Marketa or Merchant may require from time to time.
- e. Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) Marketa shall be entitled at any time to demand the Buyer to deliver up the Goods to Marketa and in the event of non-compliance, Marketa reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
- f. 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 Merchant but if the Buyer does so all moneys owing by the Buyer to Marketa shall (without prejudice to any other right or remedy of Merchant) forthwith become due and payable.
- g. If the provisions in this Article 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 Buyer shall take all steps necessary to give effect to the same.
- h. The Buyer shall indemnify Marketa, 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 Marketa's rights under this condition.
- a. Buyer initiated cancellation is not allowed unless qualified, Marketa or Merchant may discretionally allow buyer’s cancellation request as long as the Merchant has not yet completed the Confirmation process. The buyer cancellation process can be initiated via email, chat or via written notice to Marketa via our Contact Us page on the Domain. If the Product/s have already been dispatched, you are not allowed to cancel the Order but may only return the Products in accordance with Article VIII.
- b. Without prejudice to any other right of termination elsewhere in this Agreement, Merchant, or Marketa acting on the Merchant’s behalf, may stop any Product/s in transit, suspend further deliveries to the Customer and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:
- ● The Products under the Order being unavailable for any reason;
- ● The Buyer being in breach of an obligation under the Order and /or this Agreement;
- ● The Buyer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Buyer’s winding up or dissolution;
- ● The making of an administration order in relation to the Buyer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Buyer’s assets; or
- ● The Buyer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
- ● Marketa’s Risk Management Team has flagged the order as a potential high risk order and has initiated internally the cancellation process.
- a. This policy covers how we use your personal information. We take your privacy SERIOUSLY and will take all measures to protect your personal information.
- b. We only collect information that we need that is related to your order. This includes your:
In addition we also collect information on your IP address, browser type, and Refer URL data. We use this data to prevent hacking attempts, help us know what web browsers people are using, and find out where our visitors are coming from so that we can improve our marketing.
- ● Billing Address
- ● Shipping Address
- ● Email and Mobile Information
- ● Personal Information (i.e. Date of Birth)
- ● Payment Information
- c. Marketa protects the data of the Buyers and guarantees that the processing of data shall be done in compliance with the applicable laws.
- d. Marketa shall process the data and information transmitted by the Buyer in a confidential manner and shall not disclose it to unauthorized persons, or use it for purposes different to those for which it was gathered and shall neither transmit this to third parties. This data can only be disclosed upon request of a judicial authority or other legally authorized authority.
- e. For Security and Storage of the Data, please see below guidelines:
- ● Only your order data billing, shipping, and order contents data is stored on our server.
- ● This information is encrypted using a Secure Sockets Layer before it is transmitted over a web server.
- ● We utilize a 3rd party payment gateway that is PCI-DSS compliant that stores and capture your credit card data.
- ● For credit card data, we utilize Data Tokenization technology (provided by our 3rd payment gateway) to perform 1-click payment experience. We receive obfuscate credit card data to tag and reconcile transaction orders to our billing and settlement systems.
- f. The personal data shall, subject to the stipulation of a confidentiality agreement for the data, only be disclosed to trusted Marketa personnel, Marketa affiliates and Marketa third party suppliers that are entrusted with the execution of the operations necessary for execution of the stipulated agreement and shall be exclusively transmitted for this purpose.
- g. Nevertheless, the data gathered shall only be kept for the time necessary for the completion of the purpose for which it was gathered or subsequently processed. Moreover, they shall be deleted in a secure manner.
- h. The Personal Information Security Controller for Marketa is Mr. Ronald Magleo (firstname.lastname@example.org). You may direct to him any inquiries and security concerns that you may request.
- References to "Marketa" in this Agreement apply both to Marketa's actions on its own behalf as Seller and/or as the operator of the Domain or as the agent of Third Party Vendors as Merchants in respect of each and every Merchant Contract.
- a. Third Party Vendors shall be entitled to delegate and/or subcontract any rights or obligations under this Agreement to Marketa or any of Marketa's designated service providers, subcontractors and/or agents.
- b. Unless otherwise provided under this Agreement, the provisions of this Agreement and Merchant's rights and remedies under this Agreement are cumulative and are without prejudice and in addition to any rights or remedies Merchant may have in law or in equity, and no exercise by Merchant of any one right or remedy under this Agreement, or at law or in equity, shall (save to the extent, if any, provided expressly in this Agreement or at law or in equity) operate so as to hinder or prevent Merchant's exercise of any other such right or remedy as at law or in equity.
- c. 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.
- d. Merchant's failure to enforce this Agreement shall not constitute a waiver of these terms and provisions, and such failure shall not affect the right later to enforce this Agreement. Merchant would still be entitled to use its rights and remedies in any other situation where the Buyer has breached this Agreement.
- e. If at any time any provision of this Agreement 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 this Agreement.
- f. A person or entity who is not a party to this Agreement shall have no right under any legislation in any jurisdiction to enforce any term of this Agreement, 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 paragraph shall affect the rights of any permitted assignee or transferee of this Agreement.
- g. This Agreement shall be governed by, and construed in accordance with the laws of Philippines and you hereby submit to the exclusive jurisdiction of the Courts of Makati City in the Philippines.
- h. The Merchant may seek immediate injunctive relief if Merchant 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.
- i. Merchant may by notice issued jointly with Marketa through the Domain or by such other method of notification as the Merchant may designate solely through Marketa (which may include notification by way of e-mail), vary the terms and conditions of this Agreement, such variation to take effect on the date the Merchant specifies through the above means. If the Buyer uses the Domain or the Services after such date, the Buyer shall be deemed to have accepted such variation. If the Buyer do not accept the variation, Buyer must stop access or using the Domain and the Services and terminate this Agreement. The Merchant's right to vary this Agreement in the manner aforesaid will be exercised with the joint involvement of Marketa (either via the Portal or such other means as Marketa prescribes) and subject to the foregoing, may be exercised without the consent of any person or entity who is not a party to this Agreement. The version of Agreement applicable to any particular Order is the latest version in force.
- j. Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Merchant's part shall be subject to correction without any liability on Merchant's part.
- k. Money references under this Agreement shall be in Philippines Pesos.
- l. In the event that this Agreement is executed or translated in any language other than English ("Foreign Language Version"), the English language version of this Agreement shall govern and shall take precedence over the Foreign Language Version.
- m. This Agreement shall constitute the entire agreement between the Buyer and Merchant 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.
- n. Binding and conclusive: The Buyer acknowledges and agrees that any records (including records of any telephone conversations relating to the Services, if any) maintained by Merchant or its service providers relating to or in connection with the Domain 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 the Merchant and the Buyer. The Buyer hereby agrees that all such records are admissible in evidence and that you 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 Buyer hereby waives any of your rights, if any, to so object.
- o. Marketa reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under this Agreement and reserves the right to use any service providers, subcontractors and/or agents on such terms as Marketa deems appropriate.
- p. The Buyer may not assign his / her rights under this Agreement without the Merchant's prior written consent. The Merchant may assign its rights under this Agreement to any third party.
- q. Neither Marketa nor the Merchant shall be liable for non-performance, error, interruption or delay in the performance of its obligations under this Agreement (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Domain'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 Marketa's or Merchant's reasonable control.
Policy Below are the pre-conditions that a refund/return/exchange will be accommodated and considered for evaluation:
- ● Item should have original packaging.
- ●Item should have original copy of invoice, warranty card or official receipt from the merchant.
- ● Item should be free of physical damage, discoloration and tampering.
- ● Item is a complete set (especially for products with moving parts).
In no way that a refund/return/exchange policy will be accommodated for products that:
- ● Is used/worn or altered
- ● Exhibits physical damage to the box or to the product
- ● Is returned without original packaging and accessories
- ● Serial Number is tampered.
Items that will be refunded/returned/exchange should be returned to Marketa’ registered office address.
Return of Item/s from Delivery
The Buyer’s item cannot be returned after seven (7) days from the date of receipt of goods or date the merchant has redeemed the Marketa Code. The Return policy period starts on the day the order was marked as “Delivered”.
If the item is covered by a manufacturer’s warranty, for prompt assistance, please contact the manufacturer or merchant directly to organize the warranty claim. Buyer can also find all the contact information of the product’s warranty center on the warranty card inside your package.
Period of Refund
|Payment Method (at the time of purchase)||Refund Method||Processing Time (after return has been evaluated)|
|Credit card / Debit Card (i.e. Visa, MasterCard)||Buyer’s Marketa Wallet will be credited.||5 - 15 working days|
|Paypal||Buyer’s Marketa Wallet will be credited.||1 - 3 working days|
|Over the Counter payment 7-eleven, Bancnet ATM, Cash on Delivery||Buyer’s Marketa Wallet will be credited.||1 working day|
Evaluation Process of Items
The Quality Evaluation process would start as soon as the item is received by Marketa Back office Team. This process would normally take forty-eight (48) Business hours but may extend due to Fortuitous Events (Acts of Nature, Government driven circumstance); Electronic Items that would require additional testing; and Items that would require merchant testing and or QC.
For scenarios mentioned above, an email will be sent to inform the Buyer of the situation and that QC testing may take up to a maximum of thirty (30) days. Replacement/ Refund process only begins after Marketa and / or Merchant have completed the evaluation of the returned product.
The Buyer may expect to receive the replacement within the following time frame: In Metro Manila areas: 5 - 30 working days and In outside Metro Manila areas: 10 - 40 working days.
Return Tracking Status
Marketa Back office team will advise the buyer via email the tracking status.
Please take note that in some scenarios, Marketa reserves the right to escalate the refund/return/replacement request to the Merchant. Despite of its best efforts, if Merchant decides not to honor a valid refund/return/replacement request (especially due to events beyond Marketa’s control), Marketa reserves the right negotiate and settle from the buyer a fair and equitable solution to the refund/return/replacement request.