1. BACKGROUND
1.1
These general terms and conditions (the “General Conditions”) apply when you as a consumer (the “Customer”) place an order via www.artdesign.ph and related pages, (the “Website”). The agreement is concluded between you and EcommerceFactory Asia OPC. Detailed contact information and other information about EcommerceFactory Asia OPC are set forth on the Website. The General Conditions are only applicable for Customers that are consumers.
Company Registration number: 2022090066380-03
BIR Registration number: 034RC20220000001548
1.2
The Customer must be minimum 18 years old to order via the Website. EcommerceFactory Asia OPC does not, in accordance with law, accept any credit purchases to persons below 18 years of age. EcommerceFactory Asia OPC reserves the right to deny or change a Customer’s order (e.g. if the Customer has provided incorrect personal data and/or has any record for non-payment of debt).
1.3
EcommerceFactory Asia OPC shall have no liability in case products are sold out, nor for image or typographical errors on the Website, e.g. errors in the product description or technical specification, inaccurate prices and price adjustments (such as changed prices from suppliers, change in currencies) or incorrect information with regards to whether a product is in stock. EcommerceFactory Asia OPC is entitled to rectify any such errors and, at any time, to change or update the information. If an inaccurate price has been stated for a product ordered by the Customer, EcommerceFactory Asia OPC will naturally notify the Customer accordingly and await the Customer’s approval of the amended price prior to EcommerceFactory Asia OPC continuing with the order process. All images on the Website shall be considered solely as illustrations. Such illustrations do not guarantee to reproduce the exact appearance, function or origin of the product. EcommerceFactory Asia OPC is not responsible for any information by third parties provided for on the Website.
1.4
The Website and all its content is owned by EcommerceFactory Asia OPC or its licensors. The information is protected by intellectual property and marketing legislation. This means that trademarks, company names, product names, images and graphics, design, layout and information about products, services and other content may not be copied or used without the prior written consent of EcommerceFactory Asia OPC.
2. CONTRACTS AND ORDERS
2.1
In order to place an order through the Website, the Customer must accept the General Conditions. By accepting the General Conditions, the Customer undertakes to comply with the General Conditions in its entirety and acknowledges that he/she has read the information on personal data and cookies and consents to the use according to EcommerceFactory Asia OPC’s Privacy Policy set forth here.
2.2
A purchase agreement is concluded when EcommerceFactory Asia OPC has confirmed the Customer’s order and the Customer has received an order confirmation from EcommerceFactory Asia OPC via e-mail. EcommerceFactory Asia OPC encourages the Customer to save the order confirmation for any future contacts with EcommerceFactory Asia OPC’s customer service regarding the order. The Customer is entitled to cancel its order up until it has been confirmed by EcommerceFactory Asia OPC. If the order is cancelled, EcommerceFactory Asia OPC will refund any payments the Customer or its pay- or credit card company has made with regard to the order.
3. CUSTOMER INFORMATION ETC.
3.1
When the Customer registers its user account and/or places an order, the Customer will be requested to provide some personal data. The Customer confirms that the information provided is correct and complete and is responsible for any errors in the information provided. Information about EcommerceFactory Asia OPC’s processing of personal data is set forth in EcommerceFactory Asia OPC’s Privacy Policy, which constitutes an integral part of these General Conditions.
3.2
The Customer undertakes to ensure that no one, except the Customer, uses the Customer’s log-in details. The Customer may not disclose its username or password to any person and shall ensure that any documentation with information about username and password is kept in such a way that unauthorized persons may not access the information. The Customer shall notify EcommerceFactory Asia OPC without delay if it may be suspected that any unauthorized person has obtained access to the Customer’s password. The Customer is responsible for all purchases made with the Customers log-in details if the Customer has not provided such notification.
3.3
If EcommerceFactory Asia OPC suspects that the Customer abuses its user account or its log-in details or otherwise violates the General Conditions, EcommerceFactory Asia OPC is entitled to block the Customer’s access to its user account. EcommerceFactory Asia OPC is furthermore entitled to assign new log-in details to the Customer.
4. PRICES, FEES AND PAYMENT
4.1
The prices stated on the Website apply to orders placed on the Website. All prices are presented in ₱ and do not include payment and shipping fees, which are given separately. 12% VAT is included in the product price.
4.2
The Customer can pay for its purchase in the manner specified on the Website. EcommerceFactory Asia OPC is entitled to charge the Customer already in connection with the order. EcommerceFactory Asia OPC reserves the right not to offer all payment methods at all times, alternatively change payment method if the payment method the Customer has selected does not work, for whichever reasons, at the time of fulfillment of the order. Please note that limitations of available payment methods are set forth on the Website.
5. SPECIAL OFFERS
EcommerceFactory Asia OPC may from time to time provide special offers on the Website which may have more favorable conditions than those set forth in these General Conditions, e.g. with regard to payment or extended right of withdrawal. Such conditions will apply for the duration of the special offer and for the specific products set forth by EcommerceFactory Asia OPC in connection therewith. EcommerceFactory Asia OPC reserves the right, at any time, to withdraw such special offers. Upon termination or withdrawal of a special offer, these General Conditions shall apply without any amendments. Any offers on specific products on the Website are valid only for a limited period of time and until products are sold out.
6. REFUND POLICY
6.1
Approved refunds will be fulfilled through issuance of a voucher that reflects the same amount. The vouchers may be used for future purchases on the website. Refunds will not be made in other ways.
7. COMPETITIONS
7.1
To participate in any competition provided by EcommerceFactory Asia OPC you must be aged 18 and over. Employees at EcommerceFactory Asia OPC cannot participate in any competition held by EcommerceFactory Asia OPC.
7.2
The winner will be selected by an independent jury of three from our marketing department. Full details of the judging process and the names of the members of the jury are available on request by emailing customerservice@artdesign.ph. The jury’s decision can not be appealed. When choosing the winner the jury will be looking for the best contribution (whatever it might be, depending on the competition).
7.3
The winner will be announced on our social media where the competition is being held and asked to contact us for further information. The prizes cannot be exchanged, transferred or returned and cannot be redeemed by you for cash or any other prize. You must pay all other costs associated with the prize and not specifically included in the prize. We retain the right to substitute the prize with another prize of similar value in the event that the original prize offered is not available.
8. DELIVERY AND SHIPPING
8.1
Products in stock are normally delivered within the number of working days set forth on the Website. Unless otherwise agreed (e.g. in connection with reservation of products not in stock), delivery will be made no later than 30 working days after EcommerceFactory Asia OPC has confirmed the order in writing through the order confirmation. Our return and exchange policy is not valid for personalized posters that are printed on demand. Further information about EcommerceFactory Asia OPC’s delivery of products and the conditions for delivery are set forth.
8.2
The expected delivery time is set forth in the order confirmation and on the current product page on the Website. Unless otherwise expressly agreed and if a delivery is delayed for more than 30 working days and it is not due to you as Customer, you are entitled to cancel the purchase.
8.3
If any package shall be picked up at a specific delivery point, the Customer shall do so within the time specified in the notification. Packages shall normally be retrieved personally with valid identification and order number. The Customer will receive a notification of delivery stating when and where the package shall be picked-up or received. The notification may be made by e-mail, ordinary mail and if the Customer has provided a mobile number, also by phone or SMS. EcommerceFactory Asia OPC is entitled to charge the Customer a fee of PHP 300 if the package is not retrieved.
9. CANCELLATION POLICY
9.1
If the customer wants to cancel their order, they need to notify EcommerceFactory Asia OPC within 15 minutes after placing the order. This is to ensure that any cancelled products will not be printed.
If the customer fails to notify EcommerceFactory Asia OPC within 15 minutes, an approved cancellation can not be guaranteed.
10. WARRANTY AND COMPLAINTS
10.1
Some of EcommerceFactory Asia OPC’s products may be subject to warranties. Information about any warranty period and special conditions for warranties for each product respectively, is set forth on the Website or in these General Conditions. Warranties for products will only cover original manufacturing defects and accordingly not any fault arising upon or after any individual changes of the product’s function and appearance, e.g. rebuilding, upgrading or other configuration of the product. The Customer’s order confirmation constitutes the certificate of warranty.
10.2
The right to file a complaint apply to products which are defective according to applicable consumer protection legislation. Any Customer who wishes to assert their right to file a complaint for any product ordered shall contact EcommerceFactory Asia OPC, as soon as possible after the defect was discovered, using the contact information set forth on the Website.
10.3
EcommerceFactory Asia OPC will carry the cost for the return freight for any approved complaints.
10.4
Once a product, for which a complaint has been filed, is returned and the complaint approved, EcommerceFactory Asia OPC will refund the Customer in compliance with applicable consumer protection legislation. EcommerceFactory Asia OPC strives to do so within 30 days from receipt of the complaint by EcommerceFactory Asia OPC, but it may be delayed depending on the nature of the product. EcommerceFactory Asia OPC reserves the right to refuse any complaint if the product, in compliance with applicable consumer protection legislation, proves not to be defective. Upon complaints EcommerceFactory Asia OPC complies with the guidelines provided by the corresponding authorities in the Philippines.
10.5
Please note that EcommerceFactory Asia OPC’s warranty does not cover defects and damages resulting from:
• External circumstances e.g. loss, theft, fire, and water or other liquid damage
• Improper use or carelessness e.g. tears, dents, breakages, dropping the product etc.
• Aesthetic changes due to normal wear and tear e.g. minor scratches, material wear, flaking paint etc.
• Accidents or unjustified repairs or modifications to the product not carried out by EcommerceFactory Asia OPC.
Please note that if you have not followed our care instructions, this warranty will not apply. This warranty does not limit nor replace more favourable terms under law.
11. LINKS
EcommerceFactory Asia OPC may provide links to other websites beyond the control of EcommerceFactory Asia OPC and websites beyond the control of EcommerceFactory Asia OPC may provide links to the Website. Even if EcommerceFactory Asia OPC attempts to ensure that EcommerceFactory Asia OPC only provides links to websites which applies similar personal data- and security provisions pursuant to EcommerceFactory Asia OPC’s Privacy Policy, EcommerceFactory Asia OPC is not responsible for any protection or confidentiality of information or personal data which the Customer provides on other websites. The Customer should be cautious and read the personal data provisions applicable to the actual website.
12. FORCE MAJEURE
EcommerceFactory Asia OPC is not liable for any delays caused by circumstances beyond EcommerceFactory Asia OPC’s control, e.g. general labour dispute, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, EcommerceFactory Asia OPC shall inform the Customer accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Customer and EcommerceFactory Asia OPC are entitled to terminate the purchase with immediate effect.
13. CHANGES TO THE GENERAL CONDITIONS
EcommerceFactory Asia OPC reserves the right to change these General Conditions at all times. Any changes to these General Conditions will be posted on the Website. Changes will become valid once the Customer has accepted the General Conditions (in connection with a new purchase or while browsing the Website), alternatively 30 days after EcommerceFactory Asia OPC has informed the Customer of the changes. However, EcommerceFactory Asia OPC recommends that the Customer regularly remains updated on the Website in order to become aware of any changes to the General Conditions.
14. SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable by any competent court, authority or arbitral tribunal, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law. Any provisions determined invalid or unenforceable will be substituted by relevant legal guidance and advice.
15. APPLICABLE LAW AND DISPUTE RESOLUTIONS
15.1
Any disputes shall primarily be settled by agreement after discussions with EcommerceFactory Asia OPC’s customer services.
