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1. These Terms of Purchase with Partner govern the supply by the Partner participating in the “O2O FUNCTION IN STORE” and trading on https://consumer.huawei.com/ph/offer/o2o/ (“Site”) of any Product ordered by you on the Site.
2. You agree that Huawei Services (Hong Kong) Co., Limited. (“Huawei”) is only an operator of the Site and is not a party to or controls in any manner, any transaction or purchase on the Site. Accordingly, the contract of sale of any Products through the Site shall be strictly between you and the Partner on the Site you selected.
3. By agreeing to order a Product from the Site, you agree to be legally bound by these Terms of Purchase with Partner and agree to the use by Partner and Huawei of your information or data collected under the Contract and the Terms of Purchase with Partner for the purpose of completing your order, purchase and transaction. Huawei will process your personal data in accordance with the terms of Huawei’s Privacy Policy (“Privacy Policy”).
4. In these Terms of Purchase:
"Account" means the account that you will need to register for on the Huawei Official Online Store (“online store”) if you would like to submit an Order on the Site;
"Acknowledgment" means Huawei’s acknowledgment of your Order by email on behalf of Partner;
"Payment Confirmed" means Huawei’s email to you on behalf of Partner, in which Huawei on behalf of Partner confirms the your payment and Order in accordance with clause on “HOW A CONTRACT IS FORMED” below;
“Partner” means the Partner on the Site that you have selected to purchase Product from;
“Product” means Products available for order from the Partner on the Site;
"Contract" means your Order of a Product or Products in accordance with these Terms of Purchase with Partner which the Partner accepts in accordance with clause on “HOW A CONTRACT IS FORMED” below;
"Order" means the order submitted by you to the Site to purchase a Product from a Partner of your choice;
"You" means the customer who places an Order;
Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms of Purchase with Partner;
Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership; and
References to "includes" or "including" or like words or expressions shall mean without limitation.
1. You have to be 18 years of age and above.
2. These Terms of Purchase with Partner shall apply to all Orders and Contracts made or to be made between you and the Partner selected for the sale and supply of Products from the Site. When you submit an Order to us, give any delivery instruction or accept delivery of the Products via the Site, this shall in any event constitute your unqualified acceptance of these Terms of Purchase with Partner.
3. These Terms of Purchase with Partner herein shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
4. No other terms or changes to the Terms of Purchase with Partner shall be binding unless agreed in writing signed by the Partner.
1. When making an Order, you must first register for an Account on the Huawei Official Online Store (“Online Store”) and you must follow the instructions on the Site as to how to make your Order and for making changes to your prospective Order before you submit it to the Site.
2. Upon selecting a Product that you wish to Order and the store/the Partner, you have to visit the selected store and make the full payment of the selected Product to the Partner at the appointed time.
3. You undertake that all details you provide to the Site for the purpose of purchasing the Product from the Partner will be correct.
4. When you submit an Order to the Site, you agree that you do so subject to these Terms of Purchase with Partner current at the date you submit your Order. You are responsible for reviewing the latest Terms of Purchase with Partner each time you submit your Order.
5. Your Order remains valid as an offer until you place an order of Product successfully on the Site and becomes invalid if you fail to make the full payments of the Product and pick up the Product on or before the closing time (Philippines Time) of the selected date at the selected Partner’s store according to your Order.
6. Partner shall not be obliged to supply the Product to you until Partner has accepted your Order. Unless expressly stating that Partner accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the confirmation of your Order. In that Acknowledgement, Huawei may give you an Order reference number and details of the Product you have ordered. Partner may in its discretion refuse to accept an Order from you for any reason, including unavailability of supplies or Partner may offer you an alternative Product (in which case the Partner may require you to re-submit your Order first).
7. A Contract shall be formed and Partner shall be legally bound to supply the Product to you when you place an order of the Product successfully on the Site.
8. If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact Huawei hotline at 1800-8739-5227 or 1800-1853-5353, or email at support.my@huawei.com, immediately or the Partner based on its contact details. However, Huawei cannot guarantee that Huawei will be able to amend your Order in accordance with your instructions.
9. Huawei try very hard to ensure that the price of Product by Partner on this Site given to you is accurate, but the price of your Order will need to be validated by Partner as part of its acceptance procedure. If the price for the Order changes before Partner accept your Order, Partner will contact you and ask you to confirm that you wish to proceed at the amended price.
10. You must only submit to the Partner or its agent or the Site information which is accurate and not misleading and you must keep it up to date and inform us of any changes.
1. Partner aims to deliver the Product to you on the date and time at the designated store as selected by you according to your Order of the Product placed on the Site.
2. Partner shall aim to let you know if Partner expect that Partner is unable to meet its estimated delivery date, but, to the extent permitted by law, Partner shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
3. All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, Partner will not be liable for loss or destruction of the Product.
4. In the case where you fail to make the full payments of the Product and pick up the Product at the closing time (Philippines Time)) of the selected date at the selected Partner’s store according to your Order, then Partner may (without affecting any other right or remedy available to the Partner) do either or both of the following: -
1. charge you for reasonable storage fee and other costs reasonably incurred by Partner; or
2. no longer make the Product available for delivery or collection and notify you that, immediately cancelling the applicable Contract.
Partner may cancel a Contract if the Product is not available for any reason and let you know it.
If you wish to cancel your Order please contact the Partner directly at the contact details displayed at the Partners’ page at https://consumer.huawei.com/ph/offer/o2o/.
No warranty of any nature is provided by Huawei for the Product sold to you by Partner on the Site. Please contact and check with the Partner directly for warranty, any other conditions and instructions of use for the Product sold by the Partner on the Site.
You acknowledges, understands and agrees that all orders, purchases and transactions on this Site are between you and Partner. Any payment made by you for the order or purchase of Product shall be directly to the Partner. If you requires any clarification, assistance or return regarding the payment made or Products ordered from the Site, please contact the Partner directly at the contact details displayed at the Partners’ page at https://consumer.huawei.com/ph/offer/o2o/.
You hereby agree that: -
Huawei shall not be liable or responsible for any breach of conditions, representations or warranties by the Partner, seller(s), manufacturer(s), distributor(s) or any entity or person involved in any transaction relating to the Product on this Site and hereby expressly disclaim all responsibilities/ liabilities to this effect.
Huawei shall not mediate or resolve any dispute or disagreement between/amongst you and Partner, seller(s) or manufacturer(s), distributor(s) or any entity or person involved in any transaction relating to the Product on this Site.
Huawei shall not be liable to you for any loss of profit or revenues, loss of opportunity cost, loss of goodwill or reputation, loss of data or information, loss of interest, downtime loss, cost of interrupted operation of the network, anticipated saving, special damages be it foreseeable or otherwise, and/or any indirect or consequential losses whatsoever.
In any event, Huawei’s total liability against you, whether in contract, tort (including but not limited to negligence), product liability or otherwise, arising in connection with the purchase of the Product through this Site, shall not exceed the payment received by Partner.
Huawei and Partner shall not be liable for any delay or failure to perform any of its obligations pursuant to these Terms of Purchase with Partner or any Contract, wholly or partially, directly or indirectly, if such delay or failure is due to Force Majeure. For the purpose of this Terms of Purchase, Force Majeure refers to an impediment beyond our control and we could not be expected to have taken the impediment and its effects upon its ability to perform into account at the time of the conclusion of any Contract pursuant to these Terms of Purchase with Partner, and Huawei or Partner could not have reasonably avoided or overcome it or at least its effects.
No failure or delay by Partner, us or you in exercising any right under these Terms of Purchase with Partner or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish Partner’s rights, our rights or your rights under these Terms of Purchase with Partner or a Contract.
If any clause in these Terms of Purchase with Partner or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms of Purchase with Partner or a Contract shall be capable of continuing in effect without the unenforceable term.
No person who is not a party to these Terms of Purchase with Partner or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms of Purchase or that Contract its assent to any such term.
These Terms of Purchase with Partner and a Contract shall be governed and construed in accordance with the Philippines Law. Any claims or dispute arising herein from this Terms of Purchase with Partner shall be submitted and determined by the Philippines Courts.
We, upon the request of Partner reserve the right to amend these Terms of Purchase with Partner at any time. All amendments to these Terms of Purchase with Partner will be posted on-line at the Site. However, continued use of the Site will be deemed to constitute acceptance of the new Terms of Purchase with Partner.
This Site sells and supplies Product of Partner to end user customer only.