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Shopinas.com Terms and Conditions

Welcome to Shopinas.com.  By signing up for the Shopinas Service (“Service”)and the Shopinas.com website (the "Website"), you are agreeing to be bound by these Terms of Service and Use ("Terms of Service and Use" or "Agreement").  Any new updates, features and tools which are added to the current service shall be also subject to the Terms of Service and Use.

We, Air21 Global Inc., owner of the brand, Shopinas.com reserve the right to modify, change and update this Terms of Service and Use from time to time at our sole discretion and without prior notice. Any modification of this Agreement will be posted on the Website and shall take effect upon posting. Your continued use of the Website and Service after posting of the amended Agreement indicates your acceptance and agreement to the amended Agreement. You are advised to check the Terms of Service and Use from time to time for any updates or changes that may impact you.

These Terms of Service and Use was last updated as of February 01, 2012.

General Conditions

 

  • We reserve the right to modify or terminate the Service for any reason, at any time. Termination of the Service will take effect  fourteen (14) days  after notice is sent via email.
  • We reserve the right to refuse service to anyone for any reason, at any time.
  • We do not warrant uninterrupted, timely, or error-free Shopinas.com service.
  • You understand that your content, except credit card information, may be transferred non-encrypted, or, involve, (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks, thus protecting valuable information.
  • You understand and agree that, we will use aggregated data from you and other users for statistical and analytical reporting purposes. The information you will provide shall remain confidential and/or will only be available to Air21 Global employees and Shopinas.com stakeholders on a ‘need to know’ basis.
  • Shopinas.com also contains links to other websites, not operated by us (the "Linked Sites"). We have no control over the Linked Sites and hold no responsibility for them or for any loss or damage that may arise from your use of linked sites. Your use of the Linked Sites will be subject to the terms of use and service by the respective sites.
  • You may link to our home page, provided you do so in a way that is fair, legal and does not damage or take advantage of our reputation. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  • You must not establish a link with or from any website that you do not own.
  • This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the Website’s home page or your account’s store home pages. Framing includes copying parts or whole pages of the Website to be used into another website. We reserve the right to withdraw linking permission.
  • We do not warrant that the quality of the products purchased or obtained by you from the site will meet your expectations or standards.
  • You expressly understand and agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without written permission from us.
  • Verbal or written abuse of any kind (including threats of abuse or retribution) posted on the webiste directed on any of our customer, employee, officer will result in immediate account termination.
  • We do not claim intellectual property rights over the content, product information or any material that you, as a seller, will provide to us. All materials you upload remain yours. Your Shopinas.com store may be deactivated upon request and verification from our Customer Service team.
  • You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
  • We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary materials due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
  • By uploading images and product description content on Shopinas.com, you agree to allow other internet users to view them and you allow us to display and store them. We may at any time review and revise the content you submit and found to be inaccurate.  
  • We may remove content and accounts containing content that we determine in our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service and Use.
  • Our failure to exercise or enforce any right or provision of the Terms of Service and Use shall not constitute a waiver of such right or provision. The Terms of Service and Use constitutes both of our entire agreement and governs your use of the Service and Website, superseding any prior agreements us (including, but not limited to, any prior versions of the Terms of Service and Use).


Registration and Account Information

 

  • Sellers
    • You must be at least 18 years of age or older to sell in Shopinas.com.
    • You must provide your full legal name, current principal/shipping/billing address, a valid and active email address, and such other information we may require to complete the registration phase.
    • You must submit the following copies of documents to become a Shopinas.com Verified Seller:
      1. DTI Certificate of Registration for Sole Proprietorship
      2. SEC Certficate of Registration fo Partnership & Corporation
      3. BIR Certificate of Registration
      4. Business or Mayor’s Permit
      5. A signed copy of this agreement, duly notarized by your legal representative.
    • We shall publish your store and you may be allowed to transact on Shopinas.com, only upon submission and verification of the above documents.
    • You must maintain and update your account information as required to keep it current, complete and accurate.
    • We reserve the right to delete accounts created by users who illegaly appropriate the name, likeness, e-mail address, or other personally identifiable information of another individual, company or organization.
    • You must be the owner or official representative of the Company or Store you are registering for. We will be requiring DTI/SEC and BIR registration for your business, as well as your authority to represent the company for verification
    • You are responsible for you account’s password. We cannot and will not be liable for any loss or damage that you may incur from failure to secure your account and password.
    • You may not use Shopinas.com for any illegal or unauthorized purpose. Please see the list of dangerous and prohibited goods that are not allowed to be sold in Shopinas.com.
    • You may only sell goods which are deliverable by Air21. Rentals, real estate and professional services are not allowed to be published in this Website.
    • You are responsible for all activities and content (information, document, article, promotion, event, pictures, links) that is uploaded on your Shopinas.com account.
    • You must not transmit any worm,  virus, or any code that may disrupt or destroy the Service.
    • A breach or violation of any of the above terms will result in the immediate termination of your account.
    • As a seller, you recognize and take full responsibility of your obligations as retailer to any government body such as BIR, SEC, DTI, BFAD or the local government unit where your business is registered and such government agency exercising authority over your business.  You hold Air21Global Inc. free and harmless from any and all liabilities resulting from your failure to comply with regulatory requirements and undertake to defend Air21 Global Inc. from any litigation arising therefrom.

 

  • Buyers
    • You must be at least 18 years old of age or older to buy in Shopinas.com
    • You must provide your full legal name, current delivery address, a valid and active email address, and any other information to complete the registration phase.
    • You must maintain and update your account information as required to keep it current, complete and accurate.
    • We reserve the right to delete accounts created by users who appropriate the name, likeness, e-mail address, or other personally identifiable information of another individual.
    • You may not register for a Buyer account on behalf of an individual other than yourself.
    • You are responsible for you account’s password. We cannot and will not be liable for any loss or damage that may be incurred from failure to secure your account and password.
    • You may not use Shopinas.com for any illegal or unauthorized purpose.
    • You are responsible for all activity and content (interactive activities, purchases, reviews, messages) in your Shopinas.com account.
    • By using the Website or registering for the Service, you represent and warrant that you are 18 years of age or older and that you have the right, authority, and capacity to agree to, and abide by this Agreement. We reserve the right to cancel your account and delete your profile and any content or information you posted if you are the age of 18.
    • A breach or violation of any of the above terms as determined in our sole discretion will result in an immediate termination of your account.

 

  • Verification and Start of Shopinas.com Transactions
    • After registering on the Website, you are required to check your email through the email address you registered on your Shopinas.com account.
    • You must present, submit and/or upload business documents such as BIR registration, Mayor’s Permit, and DTI or SEC registration in order for your Shopinas.com account status to be Verified. You will be awarded a Shopinas.com Verified Seller badge to vouch the legal personality of your business, and may then be allowed to start your online business on Shopinas.com.
    • Verified Sellers must submit a signed copy of this Contract / Agreement to our Customer Service Group at the office address stated at the end of this document in order for your Shopinas.com account to start receiving payment from orders processed on the Website.


Online Store Creation

 

  • Themes
    • We may modify a Theme to reflect technical changes and updates as required.
    • The intellectual property rights of the Theme remain to be our property.  We may  modify the theme of your store or deactivate your account if proven that you have, in any form, tampered or misused a Theme without our consent.

 

  • Store Information and Content
    • You are not allowed to instruct site visitors or potential buyers to purchase using methods other than any of our prescribed processes and payment options.
    • You are not allowed to upload information or content (including logos) that may be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates anyone’s intellectual property.
    • You may provide buyers additional contact information (email address, phone or mobile numbers) that must be used strictly for product inquiry and stock availability.
    • You are solely responsible for the content that you publish or display in this Website, including but not limited to information, text, and photos (“Member Content”). Member Content covers links posted by members that lead to third-party websites. Members are likewise solely responsible for such content found on linked websites and represent, warrant and agree that the content shall comply with the rules set forth in this Terms of Service and Use.
    • You allow us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Member Content throughout the world in any media.
    • You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify us for all claims resulting from content you supply.
    • We have the right but under no obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

 

  • Product Listing and Selling
    • You warrant that you and all aspects of all the items you list and sell comply with this Agreement and applicable laws.
    • You represent and warrant that you own and control all of the rights to the products that you post, that the product’s information is accurate, that use of the product you list and sell does not violate this policy and will not cause injury to any person or entity, and that you will indemnify us on all claims resulting your product listing.
    • You warrant that you may legally sell the products you listed. You are required to create and outline store policies for your online store including but not limited to returns, bulk ordering and warranties. These policies must be created in good faith and must abide with this Agreement. You must abide to these policies and is solely responsible for enforcing them. We reserve the right to request for you to modify these policies.
    • You are obligated to ship the paid order and complete the transaction in a prompt manner, to observe warranties, express or implied, of the products sold under applicable law.
    • The price stated in each product listing description in this Website represents the actual retail price . This is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day but must be the accurate representation of the sale.


Online Transactions and Subscriptions

 

  • Seller Subscriptions
    • Fees applicable for any new subscription service shall be implemented upon launch of such service.
    • We have the sole discretion to change some or all of these services at any time, with or without notice.
    • Unless expressly stated otherwise, you are responsible for paying all subscription fees to the website and its applicable taxes.
    • You agree that your subscription is personal to your account and will not transfer or make available your account name and account password to others including, but not limited to, your friends, co-workers and other contacts.
    • We reserve the right to change or terminate this subscription service for any account, for any reason, with due notice at any time. Changes will take effect after we provide you with at least fourteen (14) days’ notice thru email or posting the notice on the Website.
    • All Shopinas.com payment modes, as well as bank deposits, are viable modes of payment for subscriptions. Policies for each payment mode shall apply.
    • Without limiting any other remedies, we may suspend or terminate your subscription, which may also include your account, if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity on the Website.
    • We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of this subscription service.
    • You are aware that payment for subscription services is non-refundable.

 

  • Transaction Payment Options
    • We reserve the right to deny any transaction payment for any reason at any time.
    • We reserve the right to delete or terminate your account if you are found to have fraudulently used the accounts of other individuals for the payment of any transactions in this website.
    • We reserve the right to hold and uphold payments for the purpose of verifying the settlement of any transaction in this website.
    • We have the authority to cancel any transaction whose payment is deemed unauthorized or suspicious and thus, may be disapproved by our payment gateway partners.

 

  • Commissions and Bank Charges
    • As a seller, you are aware of the commission rate that will be deducted from the proceeds of every transaction made in your account. Transaction commission rates effective January 2012 are: 2.5% for free accounts; 2% across all paid subscriptions.
    • As a seller, you are aware that applicable bank charges for any transaction made in your account, shall be deducted from your sales proceeds.
    • You agree that sales proceeds for any of your online sale shall be remitted to your bank account NET of our commissions and applicable bank charges or bank transaction fees.
    • We reserve the right to revise or terminate this commission scheme for any account, for any reason, with due notice at any time. Changes will take effect after we provide you with at least fourteen (14) days’ notice thru posting of notice on the Website.

 

  • Seller Payment
    • As a seller, you shall provide a valid, legal, accurate and authorized bank account information for seller payment fulfillment.
    • You are advised to open/provide details of your bank account preferably in any branch of Bank of the Philippine Islands (BPI) or Banco de Oro (BDO). Seller payment fulfillment to any of these banks will take five (5) business days upon delivery of the purchase to buyer. For accounts in other banks, seller will be paid via bank deposit, where fulfillment may take seven (7) business days upon delivery of purchase to buyer.
    • We guarantee that you will be paid for the products ordered and delivered within 7 business days after the product has been delivered to the designated recipient.
    • You are solely responsible for informing us of any change in your bank account information.
    • We reserve the right to collect fees constituting bank charges on bank deposit, online fund transfers, and similar transactions.
    • We reserve the right to withhold or deny payment to any account  for reasons including, but not limited to, non-issuance of receipts, disputed or cancelled transactions. We shall commence payment after all issues with regard to the transaction or the account has been resolved.
    • We reserve the right to deduct from payment of your next transaction the amount covering any discrepancy found in the shipping cost as paid by the buyer and as billed to us by Air21, as well as taxes due to the government.

 

  • Disputes
    • You will adhere to our dispute resolution process, and as a condition to our Service, you  agree that we will make a final decision, at our sole discretion, on any dispute claim by the buyer.
    • As a seller, you agree that we can compel you to replace any defective product or those not within order specification. You are also obligated to cover the ‘return and exchange’ shipping fees and bank charges, if we decide in favor of the buyer. Where funds are insufficient to cover the ‘return and exchange’ of the disputed item, we will require another reimbursement method.
    • As a buyer, you will only have a maximum of three (3) days after delivery of the package, to file a Shopinas-assisted transaction dispute. After then, we are no longer obligated to assist and mediate in a dispute with the seller.
    • As a seller, you understand that payment processing of a disputed transaction is suspended while a dispute is being processed.
    • You warrant that you are required to create and outline ‘return and exchange’ policies for your Shopinas.com online store, including but not limited to returns, exchanges, reimbursements and warranties. These policies must be created in good faith and must abide with this Agreement. You must abide to these policies and is solely responsible for enforcing them. We reserve the right to request for you to modify these policies.
    • Pursuant to the Implementing Rules and Regulations of R.A. 7394, or the Consumer Act of the Philippines, specifically Title III, Chapter 1, Rule 2, Section 7 of Department Administrative Order (DAO) No. 2, Series of 1993, the words “No Return, No Exchange”, or words to such effect shall not be written into the contract of sale, receipt of sales transaction, in any document as evidence of sale, or anywhere in your Shopinas.com website.
    • We may commission the services of collection agents to collect amounts receivable if you fail to provide a valid reimbursement method. This may also result in restriction or suspension of the account until payment is made.


Privacy Policy

 


Indemnity

 

  • You agree to defend, indemnify and hold us harmless, our corporate parents and subsidiaries, officers, directors, employees and agents with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with any Member Content, your use of the Shopinas Service or Website, your conduct in connection with the Services or Website or with other users or Members of the Services or the Website, or any issues involving your products or any breach of this Agreement. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against us herein under the terms and provisions of this Section and in no event shall you settle any such claim without our prior written approval. You will reimburse us for any costs incurred for any suits brought against us under the foregoing situations.


No Agency

 

  • No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. The terms and provisions of this Agreement shall not be interpreted as creating such relationship between Shopinas.com and any user of the Service. A Member may not bind or obligate us without our prior written consent.


Links

 

  • This Website may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.


Disclaimer of Warranties and Limitation of Liability

 

  • THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE PROVIDED BY SHOPINAS.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
     
  • TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM SHOPINAS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.


Severability

 

  • If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
     
  • This Agreement contains the entire agreement between us regarding the use of the Website and/or the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
     
  • The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.


Termination and Effect of Termination

 

  • In addition to any other legal or equitable remedies available to us under this agreement or under existing laws, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon termination of this Agreement, you shall immediately cease all access to and use of the Website and we shall, in addition to any other legal or equitable remedies, immediately revoke all passwords and account identification issued to you and deny your access to and use of this Website in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.


Our Address

 

  • Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to:


Air21 Global Inc.
3/F Cargohaus Bldg., NAIA Complex, Old MIA Road,
Brgy. Vitalez,  Paranaque City, Manila
Philippines 1700