Terms of Purchase

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.

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