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Terms and Conditions of Use

Consent

By signing up, registering or making a purchase through the COBIFY PH Website, you agree to comply with any and all policies, guidelines, terms, notices, rules and/or instructions issued by COBIFY PH, or any amendments thereto, relative the sale of products through the COBIFY PH Website.

Product

COBIFY PH 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 COBIFY PH 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 COBIFY PH directly through info@cobify.ph 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 COBIFY PH 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 COBIFY PH 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 COBIFY PH through info@cobify.ph 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 COBIFY PH Website.

Purchase of Products

Your purchase of a product from the COBIFY PH 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, COBIFY PH shall be processing your purchase of the said product in accordance with the Delivery/Shipping Options and Payment Options you have selected.

COBIFY PH 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.

COBIFY PH shall endeavor to provide and allow your purchase through the COBIFY PH Website. This notwithstanding, you understand that COBIFY PH expressly reserves the right to refuse any purchase you may make by virtue of the COBIFY PH Website for any reason COBIFY PH may deem fit provided that any and all payments to COBIFY PH 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 COBIFY PH Website. COBIFY PH reserves the right to terminate your transaction through the COBIFY PH Website should you fail to timely accept the product you purchased through the COBIFY PH Website. COBIFY PH, 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 COBIFY PH.

Accurate Information To Be Provided

It is your responsibility to make sure that any and all information provided to COBIFY PH are correct, accurate and true. COBIFY PH shall deliver/ship you the product that you have ordered strictly in accordance with the information you have provided. Similarly, COBIFY PH shall be billing you for your purchase of a product strictly in accordance with your selected mode of payment.

COBIFY PH 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 COBIFY PH.

Return Policy

This Clause shall be applicable in the following limited circumstances:

  • Should the product you ordered as advertised or posted in the COBIFY PH 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 COBIFY PH Website.

Should any of the circumstances contained in Clause 5.1 arise, it is your responsibility to inform COBIFY PH by sending an email to info@cobify.ph 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 COBIFY PH. Your failure to timely and properly comply may disqualify you to the strict terms and conditions of the Return Policy of COBIFY PH.

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 COBIFY PH:

  • The product must be available for return to COBIFY PH 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 COBIFY PH, it is understood that you shall initially shoulder the return of the product to COBIFY PH. 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 COBIFY PH, 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 COBIFY PH through info@cobify.ph to determine the most cost-efficient and feasible manner in returning the product to COBIFY PH.

Warranty

In purchasing a product from the COBIFY PH 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 COBIFY PH will be that COBIFY PH 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 COBIFY PH, 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 COBIFY PH may issue a replacement;
  • In the event that there is no more replacement available for a product (with the same specifications), that COBIFY PH may issue a refund for the product.

Force Majeure

COBIFY PH shall not be liable to you for any breach, late delivery, or failure to deliver any product you may have purchased through the COBIFY PH Website should the same be attributable to causes beyond the control of COBIFY PH 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 COBIFY PH and/or the manufacturer of the product you may have purchased through the COBIFY PH 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 COBIFY PH; or,
  • Any other acts of government which may affect the terms and/or conditions contained herein.

Privacy of Information

COBIFY PH shall protect any and all information you would be submitting by reason of any purchase in the COBIFY PH Website to the extent allowable by law, and to the utmost abilities of COBIFY PH. This notwithstanding, COBIFY PH 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 COBIFY PH Website by reason of your purchase of a product shall always be transmitted encrypted.

Termination

COBIFY PH reserves the right to terminate your transaction with COBIFY PH on the following grounds:

  • Should there be an error in the price posted in the COBIFY PH Website and/or you paid for and the actual store retail price of the product, provided that you are informed about the same by COBIFY PH 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 COBIFY PH;
  • Should you be deemed by COBIFY PH to have provided any false and/or fraudulent information in the use and/or purchase of a product through the COBIFY PH 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 COBIFY PH 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.

Amendments

COBIFY PH reserves the right to amend, modify, alter, or change any of the policies, guidelines, terms, notices, rules and/or instructions issued by COBIFY PH relative the sale of products on the COBIFY PH Website. For each purchase made through the COBIFY PH 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 COBIFY PH Website issued by COBIFY PH.

Idemnification

You understand, agree and accept not to hold liable, free and harmles COBIFY PH, 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 COBIFY PH 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 COBIFY PH 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.

Applicable Law

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 COBIFY PH 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 COBIFY PH, 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 COBIFY PH 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, COBIFY PH 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 COBIFY PH.

Subcontract / Delegation

You understand that COBIFY PH 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 COBIFY PH Website, even without your express consent.

Miscellaneous

Through your purchase of a product from the COBIFY PH 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 COBIFY PH would usually cater to or supply. Unless otherwise specifically stated in the COBIFY PH Website, nothing in the COBIFY PH Website shall be deemed as a promise, commitment or undertaking by COBIFY PH of any additional service you may believe to be entitled to from COBIFY PH. It is your responsibility to inquire or confirm with COBIFY PH, through info@cobify.ph, relative any additional service, other than delivery, you may be expecting pertaining to your purchase of a product in the COBIFY PH Website.

It is your responsibility to read this Terms of Use prior to making any purchase of any product through the COBIFY PH Website.

By availing of any of the products offered for purchase in the COBIFY PH Website, you represent and warrant that you are at least the age of majority or you have given COBIFY PH your express consent to allow any of your minor dependents to access and/or make a purchase in the COBIFY PH Website.

By availing of any of the products offered for purchase in the COBIFY PH 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 COBIFY PH Website, you represent and warrant that the delivery of such product purchased from the COBIFY PH 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 COBIFY PH Website or in providing your information for purposes of a purchase of a product through the COBIFY PH Website, you agree not to abuse, misuse, or exploit any portion of the COBIFY PH Website including, among others, the services being provided by COBIFY PH. In addition, you are strictly prohibited from infringing on any intellectual property right owned by COBIFY PH 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 COBIFY PH 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 COBIFY PH and you, other than a seller-buyer relationship, respectively.

The failure of COBIFY PH for any length of time to enforce any such right contained herein shall not be deemed as a waiver of COBIFY PH 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 COBIFY PH Website shall be understood to be in the currency of Philippine Pesos, unless expressly so stated in the COBIFY PH Website otherwise.

Severability

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.

Entire Agreement

The terms and/or conditions contained herein shall apply to any and all aspects of your use of the COBIFY PH Website, including among others, your supply of any information to COBIFY PH relative your purchase or intended purchase of a product through the COBIFY PH Website. You acknowledge that there is no undertaking, promise, warrant or representation given by COBIFY PH that would be binding on COBIFY PH unless the same is actually expressly discussed herein.