TERMS AND CONDITIONS
The Stictac.com l E-Commerce Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Stictac.com l E-Commerce Website constitutes your agreement to all such terms, conditions, and notices.
Stictac.com l E-Commerce Website reserves the right to change the terms, conditions, and notices under which Stictac.com l E-Commerce Website is offered, including but not limited to the charges associated with the use of the Stictac.com l E-Commerce Website.
The Stictac.com l E-Commerce Website may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Stictac.com l E-Commerce Website and Stictac.com l E-Commerce Website is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Stictac.com l E-Commerce Website is not responsible for webcasting or any other form of transmission received from any Linked Site. Stictac.com l E-Commerce Website is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Stictac.com l E-Commerce Website of the site or any association with its operators.
As a condition of your use of the Stictac.com l E-Commerce Website, you warrant to Stictac.com l E-Commerce Website that you will not use the Stictac.com l E-Commerce Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Stictac.com l E-Commerce Website in any manner which could damage, disable, overburden, or impair the Stictac.com l E-Commerce Website or interfere with any other party's use and enjoyment of the Stictac.com l E-Commerce Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Stictac.com l E-Commerce Website
The Stictac.com l E-Commerce Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Stictac.com l E-Commerce Website has no obligation to monitor the Communication Services. However, Stictac.com l E-Commerce Website reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Stictac.com l E-Commerce Website reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Stictac.com l E-Commerce Website reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Stictac.com l E-Commerce Website sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Stictac.com l E-Commerce Website does not control or endorse the content, messages or information found in any Communication Service and, therefore, Stictac.com l E-Commerce Website specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Stictac.com l E-Commerce Website spokespersons, and their views do not necessarily reflect those of Stictac.com l E-Commerce Website.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Stictac.com l E-Commerce Website does not claim ownership of the materials you provide to Stictac.com l E-Commerce Website (including feedback and suggestions) or post, upload, input or submit to any Stictac.com l E-Commerce Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Stictac.com l E-Commerce Website , its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Stictac.com l E-Commerce Website is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Stictac.com l E-Commerce Website 's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Stictac.com l E-Commerce Website MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Stictac.com l E-Commerce Website AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Stictac.com l E-Commerce Website AT ANY TIME. ADVICE RECEIVED VIA THE Stictac.com l E-Commerce Website SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Stictac.com l E-Commerce Website AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Stictac.com l E-Commerce Website FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Stictac.com l E-Commerce Website AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Stictac.com l E-Commerce Website AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Stictac.com l E-Commerce Website, WITH THE DELAY OR INABILITY TO USE THE Stictac.com l E-Commerce Website OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Stictac.com l E-Commerce Website, OR OTHERWISE ARISING OUT OF THE USE OF THE Stictac.com l E-Commerce Website, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Stictac.com l E-Commerce Website OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Stictac.com l E-Commerce Website, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Stictac.com l E-Commerce Website.
TERMINATION/ACCESS RESTRICTION
Stictac.com l E-Commerce Website reserves the right, in its sole discretion, to terminate your access to the Stictac.com l E-Commerce Website and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the Republic of the Philippines and you hereby consent to the exclusive jurisdiction and venue of courts in Pasig City, Philippines. in all disputes arising out of or relating to the use of the Stictac.com l E-Commerce Website. Use of the Stictac.com l E-Commerce Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Stictac.com l E-Commerce Website as a result of this agreement or use of the Stictac.com l E-Commerce Website. Stictac.com l E-Commerce Website 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Stictac.com l E-Commerce Website 's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Stictac.com l E-Commerce Website or information provided to or gathered by Stictac.com l E-Commerce Website with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Stictac.com l E-Commerce Website with respect to the Stictac.com l E-Commerce Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Stictac.com l E-Commerce Website with respect to the Stictac.com l E-Commerce Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
NOTICES AND PROCEDURE FOR MAKING CLAIMS
(a) All orders are accepted and goods supplied subject to the following express terms and conditions (the Company’s standard conditions of sale) and save to the extent that the exclusion or restriction of liability may be prohibited by statute, all other conditions, warranties and representations whether implied, statutory or otherwise, except as to title, are hereby excluded. Any order placed by a Customer shall constitute an offer to contract upon these express terms and conditions, and no addition or variation whether contained in the Customer’s order or otherwise shall apply unless expressly agreed in writing by the Company’s authorized representative.
(b) In these terms and conditions: ‘Company’ means Stictac.com l E-Commerce Website; ‘Customer’ means the individual, Company or other organization to whom the Company may agree to supply goods in accordance with the Company’s standard conditions of sale; and ‘Manufacturer’ means the original supplier of goods where the Company is not the original creator.
All orders are subject to the availability of goods and to acceptance by the Company’s authorized representative. All orders must be received in writing, either by fax, mail, website, e-mail or by telephone. All orders will be confirmed by email to the customer and unless notified within 1 hour of the confirmation e-mail being sent, the order shall be deemed as correct, ready to be invoiced and sent.
All merchandise is sold at prices current at the day invoices are rendered. All prices are subject to change without notification, although the Company will publish all correct prices online at www.stictac.com
All prices quoted are inclusive of tax, which will be added in the relevant invoice.
(a) Risk in the goods passes to the Customer on delivery. Property in the goods remains with the Company until payment in full has been received from the Customer by the Company. If payment in full is not made in accordance with the Company’s standard conditions of sale the Company may require the Customer to return the goods immediately.
(b) All shipments are made at the Customer’s risk and cost, although freight charges are subsidised by the Company. Normal deliveries are charged at cost unless the value of the goods being shipped is in excess of the local freight free order value. Special deliveries can be arranged at the Customer’s cost.
(a) Where goods are rejected by the Customer as not being in accordance with the Customer’s order, the Company will only accept the return of such goods provided that it receives written notice within 2 working days of receipt of the goods by the Customer. If no notice is received, the goods shall be deemed to have been accepted by the Customer. Returned goods will not be accepted without a Reference Number which will be supplied by the Company on receipt of the Customer notice.
(b) Where the Company has supplied goods in accordance with a Customer order and in good condition, the Company will not accept the return of those goods.
(a) The Company will not consider any claim for compensation, indemnity or refund until liability, if any, has been established or agreed with the Manufacturer and where applicable, the Company’s or the Manufacturer’s insurance company.
(b) In the case of defects or faulty workmanship in the goods or any part of the goods supplied by the Company the Customer is not entitled to any greater compensation than the value of the goods purchased.
Requests by a Customer for cancellation of any order or for rescheduling of deliveries will only be considered by the Company if request is made in writing and the related order has not been paid. Paid orders cannot be cancelled.
In case of rescheduling, the Customer must pay to the Company an amount equal to all costs incurred in the preparation and delivery of the order, should there be any.
The Company is not liable for the cancellation or partial delivery of any order or part order if performance by the Company is prevented or delayed directly or indirectly by any cause beyond the reasonable control of the Company whether such cause existed or was foreseeable at the date of acceptance of the Customer’s order by the Company or not.
Payment for goods may be by cash, cheque, direct deposit, electronic bank transfer, MasterCard, or Visa, as agreed with the Company.
The Customer agrees that the Company may disclose a credit report or any personal information derived from it to another credit provider in order to assess the credit worthiness of the Customer, or to assess an application for credit by the Customer or to help the Customer avoid defaulting on credit obligations or to notify a default to the Customer.