TERMS OF PURCHASE
INTRODUCTION
1. These Terms of Purchase govern the supply by
TWIRELESS INC., a company incorporated in
Philippines and having its registered office at
1506 A West Tower, PSE Center, Exchange Road, Ortigas Center, Pasig City ("Seller") trading at
https://consumer.huawei.com/ph/.
("Site"), of any Product ordered by you on the
Site. By agreeing to order a Product, you agree
to be legally bound by these Terms of Purchase
and agree that any use of your information or
data collected under this Contract and the Terms
of Purchase shall be done in accordance with the
terms of Privacy Policy.
2. In these Terms of Purchase:
"Account" means the account that you will need
to register for on the Site if you would like to
submit an Order on the Site;
"Acknowledgment" means Seller’s acknowledgment
of your Order by email;
"Confirmation of Order" means Seller’s email to
you, in which Huawei accept your Order in
accordance with clause on "HOW A CONTRACT IS
FORMED" below;
"Contract" means your Order of a Product or
Products in accordance with these Terms of
Purchase which Huawei accept 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 Seller;
"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;
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;
references to "includes" or "including" or like
words or expressions shall mean without
limitation.
EFFECT
1. You have to be 18 years of age and above. If
you are below eighteen (18) years of age, the
parent / legal guardian must read and agree to
the Terms of Purchase before you place any order
on the Site.
2. These Terms of Purchase shall apply to all
Orders and Contracts made or to be made by
Seller for the sale and supply of Products. When
you submit an Order to Seller, give any delivery
instruction or accept delivery of the Products,
this shall in any event constitute your
unequivocal acceptance of these Terms of
Purchase.
3. These Terms of Purchase 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 shall be binding unless agreed in
writing signed by Seller.
HOW A CONTRACT IS FORMED
1. When making an Order, you are advised
toregister for an Account on the Site 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, you will then be shown on the Site the charges you must pay including taxes. Payment must be made by you within 24 hours after making an Order, otherwise the said Order will be cancelled (Except Cash on Delivery, COD). If there are promotion activities, the specific activity rules prevail. All charges are in Peso. You shall pay for the Product by the following payment method: COD, Bank transfer, Philippines Credit Card, Philippines Debit Card, Ewallet.
3. You undertake that all details you provide to
Seller for the purpose of purchasing the Product
from Seller will be correct, that the debit
card, or account or other payment method which
you use is your own and that there are
sufficient funds or credit facilities to cover
the cost of the Product. Seller reserves the
right to obtain validation of your payment
details before providing you with the Product.
4. When you submit an Order to the Site, you
agree that you do so subject to these Terms of
Purchase current at the date you submit your
Order. You are responsible for reviewing the
latest Terms of Purchase each time you submit
your Order.
5. Your Order remains valid as an offer by you
to buy the product until Seller issue its
Confirmation of Order to form a Contract of sale
or, if earlier, when Seller receives your notice
revoking your Order.
6. Seller shall not be obliged to supply the
Product to you until Seller have accepted your
Order. Unless expressly stating that Seller
accept your order, an email, letter, fax or
other Acknowledgement of your Order by Seller is
purely for information purposes and does not
constitute the Confirmation of Order. In that
Acknowledgement, Seller may give you an Order
reference number and details of the Product you
have ordered. Seller may in its discretion
refuse to accept an Order from you for any
reason, including unavailability of supplies or
Seller may offer you an alternative Product (in
which case Seller may require you to re-submit
your Order first).
7. A Contract shall be formed and Seller shall
be legally bound to supply the Product to you
when Seller accepts your Order. Acceptance shall
take place when Seller expressly accept your
Order by email to you, in the form of a document
called a "Confirmation of Order" stating that
Seller has accepted your Order. The Confirmation
of Order shall be deemed to come into effect
when it has been dispatched by Seller. Without
affecting your obligation to pay Seller earlier,
Seller may send an invoice to you at any time
after Seller has accepted your Order. However,
Seller normally sends an invoice to you when
delivering the Products to you. Until the time
when Seller accepts your Order, Seller reserves
the right to refuse to process your Order and
you reserve the right to cancel your Order. If
Seller or you have cancelled your Order before
Seller has accepted it, then Seller will
promptly refund any payment already made by you
or your debit card company to Seller for the
order of the Product.
8. If you discover that you have made a mistake
with your Order after you have submitted it to
the Site, please cancel it before Seller starts
to deliver the Products to you.
9. Seller tries very hard to ensure that the
price given to you is accurate, but the price of
your Order will need to be validated by Seller
as part of its acceptance procedure.
10. A Contract will relate only to those
Products whose dispatch Seller has confirmed in
the Confirmation of Order. Seller will not be
obliged to supply any other Products which may
have been part of your Order until Seller has
sent a Confirmation of Order in relation to
those Products.
11. You must only submit to Seller the
information which is accurate and not misleading
and you must keep it up to date and inform
Seller of changes.
DELIVERY
1. Seller aims to deliver the Product to you at
the place of delivery requested by you in your
Order.
2. Seller aims to deliver within the time
indicated by Seller at the time of your Order
(and updated in the Confirmation of Order) but
Seller cannot promise an exact delivery date
when you submit your Order or at the
Confirmation of Order. Seller always aims to
deliver within the stipulated time frame of any
Order which Seller accepts but Seller cannot
guarantee any firm delivery dates.
3. Seller shall aim to let you know if Seller
expects that Seller is unable to meet its
estimated delivery date, but, to the extent
permitted by law, Seller shall not be liable to
you for any losses, liabilities, costs, damages,
charges or expenses arising out of late
delivery.
4. On delivery of the Product, you may be
required to sign for proof of delivery. You
agree to inspect the Product for any obvious
faults, defects or damage before you sign for
proof of delivery. You need to keep receipt of
the delivered Product in case of future
discussions with Seller about it.
5. Please note that it might be impossible for
Seller to deliver to some locations. If this is
the case, Seller will inform you using the
contact details that you provide to Seller when
you make your Order and arrange for cancellation
of the Order or delivery to an alternative
delivery address.
6. All risk of loss or damage of 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, Seller will not be liable
for loss or damage of the Product.
7. If delivery or collection is delayed through
your unreasonable refusal to accept delivery or
if you do not (within one week of Seller first
attempt to deliver the Product to you) accept
delivery or collect the Product from the
carrier, then Seller may (without affecting any
other right or remedy available to Seller) no
longer make the Product available for delivery
or collection and notify you that Seller is
immediately cancelling the applicable Contract,
in which case Seller will refund to you or your
debit card company as applicable any money
already paid to Seller under the applicable
Contract.
8. Free delivery is available for Order with a minimum purchase of PHP1500 in single transaction. Standard shipping fee of PHP99 will be charged for Order with purchase below PHP1500.
CANCELLATION
1. Seller may cancel a Contract if the Product
is not available for any reason. Seller will
notify you if this is the case and return any
payment that you have made.
2. When delivery occurred, if you wish to cancel
your Order please contact Customer Service or
further information.
PRODUCT
1. The Product is intended to be used strictly
in accordance with the manufacturer's latest
published instructions as set out on the Site or
as on the Product itself.
2. Before delivery, minor adjustments may be
made to material, color, weight, measurements,
design and other features to the extent that
they are reasonable.
3. Seller aims to deliver Products in excellent
condition. However, if the Product is faulty,
you agree to keep the Product in its current
condition available for Seller to inspect within
a reasonable time.
4. In order to provide you with any remedies for
a faulty Product, Seller may need your
assistance and prompt provision of certain
information regarding the Product, including: a)
you specifying with reasonable detail the way in
which it is alleged that the Product is damaged
or defective; and, b) you providing Seller with
the delivery note number and such other
information as Seller reasonably require.
5. If you would like the Product to be repaired,
replaced for the Product but Seller find that
the Product has: a) been misused, abused or
subjected to neglect, improper or inadequate
care, carelessness, damage or abnormal
conditions; or b) been involved in any accident
or damage caused by an incorrect attempt at
modification or repair; or c) been dealt with or
used contrary to Seller or the manufacturer's
instructions for the Product; or d) deteriorated
through normal wear and tear, after delivery by
Seller, Seller may at its own discretion decide
not to repair, replace for the Product and / or
Seller may require you to pay all reasonable
carriage costs and servicing costs at the
current standard fees and costs and charge this
to your debit card, or the payment details that
you provided to Seller when you made your Order,
and, to the extent permitted by law, Seller
shall not be liable to you for any losses,
liabilities, costs, damages, charges or expenses
as a result.
REPLACEMENT
Seller offers seven (7) days replacement guarantee after the date of receipt for defective Products sold on the Site, provided the Products are damaged during transit, defective, wrongly delivered, wrong product, incomplete package etc. subject to REPLACEMENT POLICY. In case the Product is found defective upon opening, guidelines specified by the brand (handset manufacturer) will apply. Should you come across any issue with such Products, you are advised to contact Customer Service, failing which Seller may decide not take a request for replacement. Seller will try to replace the specific product ordered once received your return properly and intactly. However, Seller reserves the right to offer an alternative product in case the product is no longer in stock or out of production.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, Seller 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. To the extent that any limitation on liability contained in these Terms of Purchase or Contract is prohibited or limited by applicable laws, Seller’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 ten percent (10%) of the purchase price of Orders received by Seller. Any exclusion or limitation of liability set out in these Terms of Purchase only apply to the maximum extent permitted by law.
FORCE MAJEURE
Seller shall not be liable for any delay or failure to perform any of its obligations pursuant to these Terms of Purchase 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 the Seller's control and the Seller 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, and Seller could not have reasonably avoided or overcome it or at least its effects. Force Majeure however shall not include Seller’s lack of authorization, license or approval necessary for the performance of this Contract.
GENERAL
No failure or delay by Seller or you in
exercising any right under these Terms of
Purchase 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 Seller’s or your rights under these
Terms of Purchase or a Contract.
If any
clause in these Terms of Purchase 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 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 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.
APPLICABLE LAW AND DISPUTE RESOLUTION
These Terms of Purchase and a Contract shall be governed and construed in accordance with the Philippine Law, without referring to its choice of law rules and CISG. Any claims or dispute arising herein from this Terms of Purchase shall be submitted and determined by the Philippines Courts.
Last updated: September 2020