- In these Terms and Conditions the following expressions shall have the following meanings:
- “Customer” shall mean you and all other persons who purchase the products under your Login.
- “Intellectual Property” shall mean all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, whether or not registered or registrable by any means, and the right to file an application for registration thereof.
- “Login” shall mean a Customer’s membership number and access to Kaysuki under that Customer’s registration.
- “Product/Products” shall mean any and all the products for sale by Kaysuki.
e.. “Kaysuki ” shall mean this Internet site or catalogues owned by Kaysuki and the medium by which Products are offered for sale by kaysuki to the Customer.
- All the Products sold by Kaysuki through this site are sold subject to these Terms and Conditions. By submitting your order for processing by Kaysuki, you confirm and affirm that you have read, understood and agree to the Terms and Conditions in the form in which they appear at the time your order is submitted for processing.
- These terms and conditions shall prevail over any other document purporting to have a contractual effect including any Kaysuki store policy.
- The Customer shall agree to complete the registration process according to Kaysuki ‘s requirements as stated on this site. The Customer shall provide Kaysuki with complete and updated information which shall include (but shall not be limited to) the Customer’s legal name, address, telephone and fax numbers (optional) and e-mail address.
- Registration to open only to Philippine resident aged 18 and above. Kaysuki has the absolute discretion to refuse the registration of a potential customer for any reason whatsoever and to terminate the registration of any of its Customers for any reason whatsoever.
- The Customer will be liable for every order made under his Login and agrees to indemnify Kaysuki for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders for the Products using the Customer’s Login. The Customer shall be responsible for updating his registration information.
- The Customer may place his order via our website at : https://www.kaysuki.com /The Customer will receive a confirmation of receipt of order via e-mail. For clarification, such confirmation of receipt of orders does not guarantee stock availability.
- Kaysuki shall make every effort to fulfill orders placed by Customers through the Kaysuki , but Kaysuki shall not be liable to any person if Kaysuki shall decline to fulfil an order for whatever reason, or if Kaysuki is unable to supply an order because of an unforeseen change to the Products (as the case may be), or because the Products may be unavailable.
- Access to Kaysuki is gained through use of a personal membership login. The Customer shall ensure that his membership login is kept strictly confidential to prevent unauthorized use. Kaysuki shall use its best endeavors to prevent any unauthorized entry to the Kaysuki internet site. However, Kaysuki shall not be liable for any damages or losses whatsoever if any third party gains unauthorized access to the Kaysuki internet site.
- Kaysuki shall make every effort to ensure that the prices, details and sizes of Products detailed by the Kaysuki are correct but Kaysuki reserves the right to vary the price and other details of the Products without notice.
- The price of certain Products, in particular fresh produce, is subject to daily fluctuation and is offered for guidance only.
- Not all Products sizes will correspond exactly to the description offered on-line. Kaysuki reserves the right to provide the nearest size of Product at the nearest price.
- Discrepancies between the on-line bill/order price and the final bill may be due to out-of-stock products, substitutions, special offers, daily price changes. Kaysuki reserves the right to adjust the final bill after the on-line bill/order price is presented or conveyed to the Customer and such adjustments shall be marked on the final bill presented to the Customer at the time of delivery.
- In the event of different special offers or promotions being made available to the Customer simultaneously for the same Product, the Customer may elect one such offer or promotion per Product but shall not be entitled to a combination of all such offers or promotions per Product.
- If the Customer requests a variation to the order which Kaysuki accepts then the price payable for the order will be adjusted accordingly to reflect the variation and shall be recorded on the final bill presented to the Customer at the time of delivery.
- Kaysuki may from time to time set credit limits for individual Customers and Kaysuki reserves the right to limit sales including the right to prohibit sales to re-sellers.
- Payment for Products ordered through Kaysuki can be made by the VISA card, Mastercard, American Express Card, Paypal, Direct transfer or deposit to Vernoullis Trading Inc Bank Account.
- Kaysuki may change at any time the method by which payments for Kaysuki orders may be effected and such changes may be notified to the Customer by e-mail, mail shots or by placing a notice to this effect on the Kaysuki internet site.
- Kaysuki shall use reasonable endeavors to deliver Products of acceptable quality to the delivery address (specified by the Customer on the registration form) within the time as published on the website and selected by the Customer but Kaysuki shall not be liable for any delays in its delivery services, if the delay has been due to causes beyond the control of Kaysuki.
- Delivery on on Sundays & Public Holidays and Delivery slots are subjected to availability.
- Bulk orders (as determined by Kaysuki in its sole discretion) shall be delivered 5 days after such orders. Kaysuki shall not be liable to any person if Kaysuki shall decline to fulfill an BULK order for whatever reason.
- The Customer is to notify Kaysuki immediately of a change to his delivery address and contact number.
- Kaysuki reserves the right to withhold delivery of the Products to the Customer if it has any doubts whatsoever as to the Customer’s credit worthiness or if the Customer does not effect payment before delivery.
VARIATION / CANCELLATION OF ORDER
- The Customer may vary or cancel the order up to the point in time that Kaysuki has commenced processing the order and the Customer will not incur any cost in doing so.
- Subject to the Customer’s consent, Kaysuki may substitute a Product for another similar Product if the initial Product ordered by the Customer is unavailable.
- If there is no prior consent from the customer for a substitution, no substitution shall be made.
- All risk in the Products shall pass to the Customer upon delivery to the Customer’s delivery address but Kaysuki shall retain title in the Products until such time as payment for the Products has been effected.
RETURNS OF PRODUCTS / REFUNDS
- Product pictures provided on this site are provided to help recognise products. Due to packaging redesign and improvements these may not reflect exactly on the pack you receive. We take all reasonable care to ensure that all descriptions, details and prices of products appearing on the Website are correct at the time when the information was inputted onto the system, the information appearing on this Website at any time may not reflect the exact position at the moment you place an order.
- Kaysuki shall use its best efforts to ensure that orders are correctly fulfilled. Should there be any discrepancy, please notify us either by e-mail at email@example.com or call Kaysuki hotline at 632 72150630 by the next working day. Returns/Refunds can be arranged under the following circumstances:
- if any Product have been delivered in a damaged condition, or if the Product is out of date, or if a Product which was ordered and invoiced is not included in the delivery, or if the wrong Product is delivered, Kaysuki shall either refund the Customer the value of that Product, or replace the Product.
- if any Product which was not included in the Customer’s order is delivered to the Customer, Kaysuki shall collect the Product from the Customer.
- if the Customer has been charged for a Product which has not been delivered, Kaysuki shall refund the Customer the value of the Product as originally charged to the Customer.
- If a Customer is charged more than the value of a Product, Kaysuki shall refund to the Customer the difference.
- All refunds will be made via the same mode of payment on which the original purchase was made within 10 working days.
- All replacements of Products shall be effected in the shortest time possible.
- To the extent permitted by law, all warranties, descriptions, representations or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of the Products supplied, are expressly excluded.
- No agent or representative of Kaysuki is authorized to make any warranties, representations or statements regarding the Products and Kaysuki shall not in any way be bound by any such unauthorized warranties, representations or statements.
- The liability of Kaysuki whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Products or any other breach of Kaysuki’s obligations hereunder shall not in any event exceed an amount equivalent to the price of the Products.
- Kaysuki shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Kaysuki be liable for any damage or loss caused by the Customer’s servants, agents, buyers or other persons whatsoever.
- The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that Kaysuki assumes no obligation or liability for any advice or information given with the Products and Kaysuki shall not be responsible for any inaccuracy or misstatement of any such information. The Products shall be accepted by the Customer entirely at the Customer’s risk.
- All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Kaysuki shall at all times remain the property of Kaysuki.
- Kaysuki and other parties own the trade marks, logos and service marks displayed on this site/catalogue and/or in connection with the Products and Customers and on-line visitors are prohibited from using the same without the written permission of Kaysuki or such other parties.
- If the performance by Kaysuki of its obligations under the Kaysuki is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of the government of Philippine or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Kaysuki), Kaysuki shall be excused from such performance to the extent of such prevention.
VARIATION OF TERMS AND CONDITIONS
- Kaysuki reserves the right to amend these Terms and Conditions in its sole discretion. Kaysuki may, but does not undertake, to notify the Customer of such changes. It is the Customer’s responsibility to review the Terms and Conditions prior to submitting any order and Kaysuki shall have no responsibility to notify the Customer of any changes to the Terms and Conditions prior to the coming into effect of such changes or otherwise.
- These Terms and Conditions shall be governed by the laws of the Philippines and the Customer and Kaysuki agree to submit to the jurisdiction of the Philippine courts.
- Kaysuki does not sell, rent or lease its Customer lists to third party.
- Personal data held by Kaysuki relating to its Customers or to visitors to this site will be kept confidential unless Kaysuki has Customer’s consent otherwise but Kaysuki may provide this information to third parties including but not limited to Kaysuki advertisers, associated companies or trusted contractors/agents or other network operators who perform certain tasks for Kaysuki in connection with the provision of Kaysuki’s services to its Customers and to visitors to this site. All such third parties are prohibited from using Customer’s personal data except to provide the requisite services to Kaysuki and they are required to maintain the confidentiality of such data.
- Any questions, comments, suggestions or information other than personal data sent or posted to this site, or any part of this site by online Customers and visitors will be deemed voluntarily provided to Kaysuki on a non-confidential and non-proprietary basis. Kaysuki reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere such information freely, including passing it to any associated company for example, in connection with the development, manufactured and marketing of products and services and to meet Customer needs.
- Kaysuki will disclose Customer’s personal data, without notice, only if required to do so by law or in the good faith belief that such action is necessary to:-
- Comply with legal process served on Kaysuki or the site;
- Protect and defend the rights or property of Kaysuki; and
- Act under exigent circumstances to protect the personal safety of users of Kaysuki, the Kaysuki internet site or the public.
SAFETY OF PERSONAL DATA
- All reasonable efforts are made by Kaysuki to ensure that any personal data held by Kaysuki and Kaysuki is stored in a secure and safe place and no unauthorised access will be made by Kaysuki to Customer’s computer or browser.
- The Kaysuki internet site may contain links to other sites and pages. By activating a link, such as for example by clicking on the banner of an advertiser, the Customer leaves Kaysuki’s site and Kaysuki does not exercise control over any personal data or any other information the Customer gives to any other entity after leaving the site and access to such site or page is at the Customer’s own risk for which Kaysuki disclaims all responsibility and liability.
- All reasonable efforts are made to ensure that the information provided on this site is correct and up-to-date. However, Kaysuki disclaims all implied and/or express warranties and makes no representation as to the accuracy or completeness of any information on the site. Kaysuki takes no responsibility and assumes no liability for the content of the site or for anything posted on or linked to it, including without limitation any mistake, error, omission, infringement, defamation, falsehood, or other material or omission that might offend or otherwise give rise to any claim or complaint. (See also without limitation the words in capitals below)
- Kaysuki had established an information security policy for the prevention and detection of unauthorized access or misuse of information with the following methods:
- Firewalls facility.
- Customers information and private transaction data are protected using 128-bit Secure Socket Layer (SSL) encryption. SSL encryption is an Internet security protocol used by Internet browsers to transmit sensitive information.
- We test our systems periodically to ensure there are no possible breaches of our security and that our customers’ security and confidential policy information is not compromised in any way.
- Should you encounter any virus outbreak, security breaches or received unsolicited mail, please call our Customer Service Hotline: (632) 72150630 or email as at firstname.lastname@example.org.
LIMITATION OF LIABILITY
- By accessing and using this Kaysuki internet site, the Customer acknowledges and accepts that the use of the site is at the Customer’s own risk. Kaysuki shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for lost profits or for loss of revenue arising out of any use of, access to, or inability to use the site. Without limiting the foregoing:
THIS SITE AND ALL INFORMATION AND MATERIALS CONTAINED IN IT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE , PRIVACY OR NON-INFRINGEMENT. KAYSUKI HAS NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE SITE. KAYSUKI ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE SITE/CATALOGUE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE SITE/CATALOGUE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE SITE.
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