Terms & Conditions of Sale
1. Purchase of Products
1.1 You agree to comply with any and all notices, operating rules and policies and instructions pertaining to the purchase of products through Stork.PH (“Platform”).
1.2 You may place an order by completing the prescribed order form and process on the Platform. The latter will not accept orders placed in any other manner or outside the Platform. You shall be responsible for ensuring the accuracy of the order.
1.3 Before the product will be dispatched for delivery, you may request to cancel or amend the order which we will endeavor to give effect to on a commercially reasonable effort basis.
1.4 Pricing error: We reserve the right to terminate the order, in the event that a product has been mispriced on the Platform, in which event, we shall notify you of such cancellation by giving notice. We shall have such right to terminate whether or not products have been dispatched or are in transit and whether payment has been charged to you. Upon termination and if applicable, we shall refund the payment.
1.5 Product Warranty: Express warranty terms and conditions with respect to the products shall be honored by the Platform. In the absence of the latter, 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 also apply.
2. Cancellation of Order
2.1 Cancellation by the customer-client: You may cancel the order before the Platform dispatches the products
2.2 Cancellation by the Platform: Orders may be stopped in transit, suspend further deliveries to the customer-client and/or terminate the transaction with immediate effect by notice to the customer-client on or at any time after the occurrence of any of the following events:
3. Delivery of Products
3.1 Address: Delivery of the products shall be made to the address you specify in your order.
3.2 Shipping & packing charges: If expressly stated on the product display, shipping and packing charges shall be as set out in the order.
3.3 Delivery timeframe: Delivery of the products is subject to availability of the products. We will make every reasonable effort to deliver the product to you within the delivery timeframe stated on the relevant page on which the product is listed. All delivery timeframes given are estimates only and delays can occur. If the delivery of your product is delayed, we will inform you accordingly via e-mail and your product will be dispatched as soon as it becomes available.
4. Prices of Products
4.1 Listing Price: The price of the products payable by a customer-client shall be the listing price at the time at which the order placed by the customer-client.
4.2 Taxes: All listing prices are subject to applicable taxes, unless otherwise stated. We reserve the right to amend the listing prices at any time without giving any reason or prior notice.
5.1 General: You may pay for the product using any of the payment methods prescribed on the Platform. All payments shall be made to us.
5.2 Additional terms: The payment methods may be subject to additional terms as prescribed from time to time. Guidelines or policies of which shall posted on the Platform or to be sent through email as notice for said change of terms. For avoidance of doubt, such posting or notification forms part of these Terms and Conditions after the period stated therein or by the continuous usage of the customer-client of the Platform.
5.3 Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against us for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
5.4 Invoicing: We shall invoice you for every successful transaction of orders.
5.5 If the customer-client fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, we shall be entitled to cancel or suspend delivery of the products until payment is made in full.
5.6 Refund of Payment:
6.1 Permitted returns: you may return a product when you:
6.3 Replacement: As an alternative to returning faulty or damaged products, a customer-client may request for a replacement of such products. Such request shall be irrevocable upon notification of the request to us. Upon repair, replacement or refund being made, the customer-client shall have no further claim against us. When provided replacement products or given a refund, the non-conforming products or parts thereof shall become our property and upon request such products or parts thereof should be shipped back to us.
6.5 Risk of damage or loss: Risk of damage to or loss of the products shall pass to you at the time of delivery.
7. Force Majeure
Platform shall not be liable for non-performance, error, interruption or delay in the performance of our obligations under these Terms and Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control.
8. Governing Law
This Agreement and, if any, resolution of conflicts shall be governed by the laws of the Republic of the Philippines. The Parties hereto do not intend that any term of these Terms and Conditions shall be enforceable by any person who is not a party to this Agreement.