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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 agree 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 also be 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 the 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 on you.

Shopinas.com Inc. does not guarantee a satisfactory experience on the quality and delivery of the products you are buying, accuracy and decency of comments and testimonials on the product you are selling and provision of all necessary buyer information for hassle-free delivery.

Therefore, you do not hold Shopinas.com Inc. responsible for your experience resulting from your transaction with Shopinas.com's buyers and/or sellers.

 

These Terms of Service and Use was last updated on April 30, 2013.

 

General Conditions:

1.        We reserve the right to refuse service to anyone, 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. Reasons for termination are:

a)      Non-compliance of Seller’s Policies (OR and Form 2307), repeated violation will merit termination

b)      Content-related violations which can be found on the uploaded or published product pictures, products sold (non-serviceable by Air21), false or fake documents or credentials, bad service or false marketing of warranties, false claim of product quality or authenticity, falsified seller and store information and contact numbers

c)      Non-responsiveness to reminders and warnings by shopinas.com Admin on violations incurred

d)      Non-responsiveness to reminders of inactivity for at least sixty (60) days (for free subscribers only)

e)      Breach of this contract

2.        We do not warrant uninterrupted, timely, or error-free shopinas.com service.

3.        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.

4.        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.

5.        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 non exists.

6.        You must not establish a link with or from any website that you do not own.

7.        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.

8.        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.

9.        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 our written permission.

10.     Verbal or written abuse of any kind (including threats of abuse or retribution) posted on the website directed on any of our customer, employee, officer will result in immediate account termination.

11.     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 shall remain yours.  Your shopinas.com store may be deactivated upon request and verification from our Customer Service team.

12.     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.

13.     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 affect 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.

14.     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 in terms of:

a)     Product description, quality, authenticity, measurements and market value price

b)    Superlative claims

c)     Product warranties

d)    Seller contact details

e)     Uploading copyrighted images

15.     We may remove content and accounts containing content that we determine as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property of these Terms of Service and Use. Seller shall be given prior notice and at least 48 hours from receipt thereof to explain. Failure to do so shall prompt Air21 Global Inc. to delete said contents or accounts at its discretion.

16.     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 (including, but not limited to, any prior versions of the Terms of Service and Use).

 

Sellers Registration and Account Information

1.     You must be at least 18 years of age to sell on shopinas.com

2.     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.

3.     You must submit the following copies of documents to become a shopinas.com Verified Seller:

  •  DTI Certificate of Registration for Sole Proprietorship
  • SEC Certificate of Registration for Partnership and/or Corporation
  • BIR Certificate of Registration (annually, proof of payment must be submitted on or before January 31)        
  • Business or Mayor’s Permit (annually must submit application and payment on or before Jan 20, copy of Business Permit for the year may follow on or before March 31)
  • Photocopy or scanned copy of Sales Invoice
  • A signed copy of this agreement, duly notarized by our 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.
 

4.     You must maintain and update your account information as required to keep it current, complete and accurate. In case of change of your online store manager, you are required to train the replacement in the handling of your shopinas.com store and maintaining of the same selling experience.

5.     We reserve the right to delete accounts created by users who illegally appropriate the name, likeness, email address, or other personally identifiable information of another individual, company or organization.

6.     You must be the owner or official representative of the Company or Store you are registering. An authorization to represent the company will be required – authorization letter from the owner for sole proprietorship, and a Board Resolution for corporations.

7.     You are responsible for your 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.

8.     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 on shopinas.com.

9.     You may only sell goods which are deliverable by Air21. Rentals, real estate and professional services are not allowed to be published on this website.

10.   You are responsible for all activities and content (information, document, article, promotion, event, pictures, links) that is uploaded on your shopinas.com account.

11.   You must not transmit any worm, virus, or any code that may disrupt or destroy the Service.

12.   A breach or violation of any of the above terms will result in immediate termination of your account.

13.   As a Seller, you recognize and take full responsibility of your obligations as retailer to any government body such as BIR, SEC, DTI, FDA Philippines or the local government unit where your business is registered and such government agency exercising authority over your business. You hold Air21 Global and shopinas.com 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.
 

If engaged in the trading of food and food products, cosmetics, health supplements and nutritionals, medicines and pharmaceuticals, pesticides and pesticide products, household hazardous, Seller must publish all license and permit numbers from respective government agencies such as FDA Philippines and DOH. The standards phrase “No approved therapeutic claim” must also be published.

 

Verification and Start of Shopinas.com Transactions

1.     After registering on the Website, you are required to check your email through the email address you registered on your Shopinas.com account.

2.     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.

3.     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

1.   We may modify a Theme to reflect technical changes and updates as required.

2.   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

1.   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.

2.   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.

3.   You may provide buyers additional contact information (email address, phone or mobile numbers) that must be used strictly for product inquiry and stock availability.

4.   Any link/s to another website that is clickable from the Seller’s shopinas.com store, must have the written permission of the website owner before Air21 Global shall create such link. Seller holds Air21 Global Inc. and shopinas.com, free and harmless from any or all liabilities or complaints from the website owner arising from the creation of the hyperlink.

5.   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.

6.   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 for promotional purposes.

7.   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 fo all claims resulting from content you supply.

8.   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

1.  You warrant that you and all aspects of all the items you list and sell comply with this Agreement and applicable laws. You may upload and sell products other than the following prohibited goods: 

a.     Any kind of explosive. (solid, liquid, or gas)

b.    Flammable solids and organic peroxides

c.     Lottery tickets

d.    Money (coins, currency, paper money, negotiable instruments equivalent to cash such as endorsed stocks, bonds, cash letters, checks)

e.     Wet ice (frozen water)

f.     Any shipment whose carriage is prohibited by Philippine law, statue, or regulations

g.    Live animals and plants

h.    smut/ porn/ sexual implements

1.       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.

2.     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.

3.     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.

4.       The price stated in each product listing description in this Website represents the actual retail price inclusive of Value Added Tax (VAT). 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.

Seller is obliged to expressly provide for warranty of all items sold on shopinas.com, which shall not be less than sixty (60) days to not more than one (1) year.
 

 

Online Transactions and Subscriptions

           

          Seller Subscriptions

1.       Fees applicable for any new subscription service shall be implemented upon launch of such service.

2.       We have the sole discretion to change some or all of these services at any time, with or without notice.

3.       Unless expressly stated otherwise, you are responsible for paying all subscription fees to the website and its applicable taxes.

4.       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.

5.       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.

6.       Only bank deposits or check payments, are viable modes of payment for subscriptions. Policies for each payment mode shall apply. Sellers will be issued a billing statement as basis for payment.

7.       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.

8.       We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of this subscription service for cause or due to fortuitous event.

9.       You are aware that payment for subscription services is non-refundbale.

 

          Transaction Payment Options

1.       We reserve the right to deny any transaction payment for reasons such as:

  • Wrong or false indication of product price, or package dimension and weight
  •  Refusal to attend / resolve Buyer’s dispute
  • Failure to submit Sales Invoice or Official Receipt of online sales to Buyer and failure to provide copy (of Sales Invoice or Official Receipt) to Air21 Global Inc.
  • Failure to submit monthly Form 2307 representing proof of payment to the government of withholding taxes deducted from Air21 Global Inc.’s sales commissions.

2.       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.

3.       We reserve the right to hold and uphold payments for the purpose of verifying the settlement of any transaction in this website.

4.       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

1.     As a seller, you are aware of the commission rate that will be deducted from the proceeds of every transaction made in your account.

2.     As a seller, you are aware that applicable bank charges for any transaction made in your account, shall be deducted from your sales proceeds.

3.     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.

4.     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

1.     As a seller, you shall provide a valid, legal, accurate and authorized bank account information for seller payment fulfillment.

2.     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.

3.     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.

4.     You are solely responsible for informing us of any change in your bank account information thru e-mail.

5.     We reserve the right to collect fees constituting bank charges on bank deposit, online fund transfers, and similar transactions.

6.     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.

7.     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

1.       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.

2.        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.

3.       You understand that payment processing of a disputed transaction is suspended while a dispute is being resolved.

4.       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 by these policies and you are solely responsible for enforcing them. We reserve the right to request you to modify these policies as necessary.

5.        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.

6.       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

Please review our Privacy Policy, which also governs your visit to this Website, to understand our practices. Our Privacy Policy is available at http://shopinas.com/view/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

1.       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.

 

2.       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.

 

3.       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