Terms of service
Terms of service
Introduction
Welcome to the Power Mac Center Web Store (“Web Store”). The Terms and Conditions set out below govern your usage and access to our Web Store. By accessing our Web Store and/or using our Services, you confirm that you are of legal age and agree to be bound by these Terms and Conditions, along with our Privacy Policy.
1. Definitions
Unless the context indicates otherwise, the following terms shall mean or be understood as follows:
(a) Customer – refers to any person who buys any Product sold on this Web Store. Also designated or referred to in these Terms and Conditions as “you”.
(b) Order – refers to a Product chosen for purchase by the Customer and communicated to the Seller using the form provided by the Web Store. Each Order corresponds to a single Product. Should several Products be indicated or listed in a single form, each product ordered shall be deemed as one order.
(c) Product – refers to an item that is sold on the Web Store.
(d) Sale Contract – refers to the agreement for the sale of a Product between you (the Customer) and the Seller.
(e) Seller – refers to Power Mac Center, Inc. which owns and/or operates the Web Store through which Products/Services are sold to Customers.
(f) Services – refers to the information and services made available by the Web Store or by another provider to a Customer of the Web Store.
(g) Terms and Conditions of Sale – refers to the terms and conditions stated in the Sales Contract for the sale of a Product between you (the Customer) and the Seller.
(h) Terms and Conditions of Use of Services – refers to the terms and conditions governing access to the Web Store or use of the Services which is also referred to as “Terms of Use”.
(i) Web Store – refers to the internet website www.powermaccenter.com through which the Seller sells Products to a Customer.
2. Warranty and Representation
Unless the context indicates otherwise, the following terms shall mean or be understood as follows:
(a) You are eighteen (18) years old or above and capable of giving consent to a contract.
(b) You agree to these Terms and Conditions, our Privacy Policy and to any amendment or supplement thereto;
(c) You will access the Web Store and use the Services in good faith, for a lawful purpose, and in a lawful manner;
(d) You will provide the Web Store with correct, complete, and up-to-date information only relative to your Order;
(e) You confirm that the Web Store or any other Web Store has not denied, suspended, or disallowed you to access or use its services; and,
(f) Your access or use of Services is at the discretion of the Web Store which may opt to deny or not to allow you access or use of Services or, if applicable, disallow your continued access or use of Services without prior notice to you.
(g) You acknowledge that the contents, specifications, and prices and other applicable costs or additional fees found in the Web Store are subject to change at any time, without need of prior notice. The prices of the Products may be different from that sold in physical stores.
(h) You will defend and indemnify Seller against any and all claims that relate to (a) your access to the Web Store or use of the Services, (b) your breach of any of your representation or warranty in these Terms and Conditions and the Privacy Policy, (c) your breach of any term of these Terms and Conditions and the Privacy Policy, and (d) your breach of any law.
(i) You agree that Seller provides the Web Store and the Services without any representation or any warranty as to its content, nature, condition, or performance. You agree that you will assume the risk for your access or use of the Web Store and the Services. You confirm that you will not hold Seller liable for any error, delay, service interruption, security breach or leak, or any other fault or defect relative to access or use of the foregoing, or for any loss or damage caused.
(j) You agree that the seller reserves the right to deny, suspend, or disallow access or use of its services to the general public or to an individual at its sole discretion and without any notice.
(k) You grant Seller permission to collect, process, and process the personal information you provided for the purpose of sending you promotional materials and similar notices. Should you wish to decline to further receive any such material or notice, you may notify the Seller as provided.
(l) You warrant that all information, material, or content that you provide or submit to Seller or post in the Web Store are correct, complete, up to date, not contrary to law, and not confidential. You warrant that you have the right to grant and that you grant Seller permission to use any or all of the information, material, or content that you provide or submit to Seller or post in the Web Store without limitation, without attribution, and without compensation. This Clause applies to the personal information which is subject to our Privacy Policy to the extent that you make it available on or through the Web Store.
3. Data Collection Processes
3.1 SCOPE
The Seller has caused, and will continue to cause in the future, the set-up, development, or use of validation, analytics, data repository, data input, activity management, data processing, and reporting tools, and other processing systems which may contain your personal information and other data. Specifically, the data collected and processed by the Seller, as well as its associated/ affiliated companies, business partners, or third parties described below, includes, but not limited to: (a) personal information (i.e., name, gender, contact details, signature); (b) professional information (i.e., affiliations, professional experience, etc.); (c) Payment Methods; and etc.
3.2 COLLECTION AND PROCESSING USE OF PERSONAL INFORMATION
The Seller collects and thereafter processes personal data through this Web Store. Apart from information directly collected from you through this Web Store, the Seller may merge the same with other information which may have been previously collected from you, online or offline, as well as your personal information which the Seller received and will receive from other sources,
including publicly available information sources (i.e., social media profiles, directories, etc.). You agree that publicly available Information may be regularly updated by the Seller in its tools and systems.
The Seller is committed to complying with any applicable legislation relating to Personal Information and shall ensure that Personal Information is collected and processed in accordance with provisions of the Philippines Data Protection Laws and other applicable local law, if any.
3.3 LAWFULNESS OF COLLECTION AND PROCESSING
Your personal, professional, and activity information is collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.
When the Seller acts for its own purposes, your personal, professional, and activity information is processed mainly for, but not limited to, the following purposes: Delivery, Payment Transaction Processing, Marketing Activities, Forecasting, Market Analysis, After-Sales Service, Business Development, Market Analysis, Sales Forecast, IT tools and any other digital solutions or collaborative platforms, IT support management, Information Security Management, Client
Relationship Management , Marketing Management, internal and external communication and events management, and etc.
3.4 DATA ACCURACY AND STORAGE LIMITATION
The Seller will keep the personal, professional, and activity information that is processed accurate and, where necessary, up to date. Also, the Seller will only retain personal information for as long as necessary for the purposes it collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements and, where required, for the Seller to assert or defend against legal claims, until the end of the relevant retention period or until the claims in question have been settled, whichever is the later.
For record keeping purposes, some or all of your personal information in the Seller’s possession may be retained by the IT departments of the Seller or its associated companies, including the IT departments of its business partners and third parties, whenever applicable.
Upon expiry of the applicable retention period the Seller will securely destroy your personal information in accordance with applicable laws and regulations.
3.5 SECURITY OF YOUR PERSONAL INFORMATION
The Seller implements appropriate technical and organizational measures to protect Personal Information against accidental or unlawful alteration or loss, or from unauthorized, use, disclosure or access, in accordance with our group information and systems security policy.
The Seller likewise takes appropriate, all reasonable measures to implement the necessary safeguards and protect the processing of personal information. The Seller will treat these data confidentially and use it for appropriate professional purposes only. The Seller shall not share your personal information with any third party intending to use the same for direct marketing purposes, unless you have provided specific consent in relation to this.
3.6 DISCLOSURE OF YOUR PERSONAL INFORMATION
We share your Personal Information, in the following circumstances:
(a) With Power Mac Center, Inc. entities and affiliated companies for the purposes described in this terms and conditions;
(b) With third parties including certain service providers the Company has retained in connection with the purposes described in this terms and conditions and the Web Store;
(c) With companies providing services for money laundering and terrorist financing checks and other fraud and crime prevention purposes and companies providing similar services, including financial institutions and regulatory bodies with whom such personal information is shared;
(d) With courts, law enforcement authorities, regulators, government officials or attorneys or other parties where it is reasonably necessary for the establishment, exercise or defense of a legal or equitable claim, or for the purposes of a confidential alternative dispute resolution process;
(e) With service providers who the Seller has engaged, domestically or abroad, to process personal information for any of the purposes listed above on our behalf and in accordance with our instructions only; or
(f) If the Seller sells or buys any business or assets, in which case the Seller may disclose your personal information to the prospective seller or buyer of such business or assets to whom the
Company will assign or novate any of its rights and obligations.
3.7 COOKIES
The Web Store or any page of this website may use “cookies.” Cookies are portions of text that are placed on your computer’s hard drive when you visit certain websites. The Seller may use cookies to tell us, for example, whether you have visited us before or if you are a new visitor and to help us identify features in which you may have the greatest interest. Cookies may enhance your online experience by saving your preferences while you are visiting a website.
We will let you know when you visit the Web Store or any page of this website what types of cookies the Company uses and how to disable such cookies. When required by law, you will have the ability to visit our websites and refuse the use of cookies at any time on your computer.
3.8 YOUR RIGHTS
Under the Data Privacy Act of 2012, you have the right to access, correct/rectify, erase, and object to the processing of your personal information. Should you wish to exercise any of such rights, including the withdrawal of your consent, or any other rights in the applicable Data Privacy Laws, you may, at any time, exercise any of the above rights or contact the Seller with any data protection related queries or concerns at: pmci.dpo@gmail.com.
3.9 UPDATE/NOTICES
The Seller may update this terms and conditions from time to time as its business changes or legal requirements change. If the Seller make any significant changes to the terms and conditions, the Company will post a notice on the website when the changes go into effect, and where appropriate, send a direct communication to you about the change.
3.10 CONSENT
The Seller is committed to fully comply with the Data Protection Act and its implementing rules and regulations, as well as future amendments thereof, and therefore seeks your consent for the Seller to collect, process, and use your personal, professional, and activity information for the purposes described in this document. By ticking on the checkbox or agreeing to the consent form, you hereby voluntarily agree that you have given consent to the collection and processing of your personal, professional, and activity information by the Company, as outlined in these terms and conditions.
4. Terms of Sale
4.1 PURCHASE OF PRODUCT
(a) Product Description. Each Product on the Web Store comes with a description which Seller aims but does not warrant, to be correct and recent. Should the Product delivered to you not correspond to the description listed on the Web Store for the product you ordered, you may proceed as provided in Clause 3.5 of these Terms and Conditions.
(b) Product Price. The price for each Product shall be its price listed on the Web Store at the time the Order you placed is received by the Seller. Seller strives to provide the correct price for each Product, however, mistakes may happen. In case of a pricing mistake or error, Seller reserves the right to terminate the contract even if the Product has been released for delivery or is in transit. Seller shall notify you of the cancellation and shall refund you for the payment charged to you for the Product subject to the process and the timelines of payment partners, as provided in Clause 3.5 of these Terms and Conditions. All prices are subject to taxes unless otherwise stated. Seller reserves the right to change the product price at any time without any reason and without any prior notice.
(c) Product Warranty. The warranties for each sold Product shall be as stated on the Web Store. Unless expressly prohibited by applicable mandatory law, the stated warranties shall exclude and shall be in lieu of all other warranties, reliefs, or remedies, whether expressed or implied, statutory or otherwise.
(d) Order Placement. You may place an Order by filling up and submitting the Order form and providing the payment details on the Web Store. An Order placed in any other manner will not be accepted by the Seller.
(e) Processing of Order. Any Order you make shall be deemed to be accurate, complete, unconditional, and irrevocable. Thus, without any other action from you or any notice to you, the Seller shall have the right – but not the obligation – to process your Order. Subject to Seller’s discretion, you may request to revise or cancel an order and Seller will strive to accommodate your request on a commercially reasonable effort basis. In the event you wish to cancel your order, you shall notify the Seller via email (webstore@powermaccenter.com) within twenty-four (24) hours from the date and time of purchase. Any notices received beyond the 24-hour period shall not be accepted. Moreover, if after the 24-hour period the Seller did not receive any intent from you regarding cancellation of order, your order shall be deemed final.
(f) Acceptance of Order. Each Order of a Product shall be subject to Seller’s acceptance at its sole discretion and each accepted Order shall constitute a separate Sales Contract. There are various reasons which may hinder or impact the processing of your Order; thus, the Seller reserves the right to decline or cancel an order for any reason at any given time.
(g) Gift Cards & eVouchers.
- g.1. Gift Cards and eVouchers have no cash value, are not refundable, and may not be redeemed for cash. The resale of Gift Cards and eVouchers is prohibited.
- g.2. The recipient shall have the sole responsibility to take all precaution to ensure that there is no unauthorized access and/or use of their account, gift card, or eVoucher.
- g.3. Power Mac Center is not responsible for the unauthorized access and/or use of the recipient's gift card or eVoucher codes and shall have no obligation to replenish the value for the unauthorized use.
- g.4. Gift card and eVoucher codes must be entered at the check out page online only. Physical presentation of this in our retail stores will not be accepted.
- g.5. eVouchers must be redeemed in full and cannot be partially redeemed.
- g.6. To redeem gift cards and eVouchers, recipient must be over 18 years old or able to obtain consent from a parent or guardian, and accept the Terms of Use or have the recipient's parent or guardian accept them if recipient is under 18 years old.
- g.7. Power Mac Center is the issuer of the gift cards and eVouchers. Power Mac Center may assign its obligations at any time. Power Mac Center, its affiliates and related entities bear no responsibility or liability for any gift cards or eVouchers and recipient hereby knowingly release Power Mac Center, its affiliates and related entities from any and all liability or claims of any nature whatsoever arising in connection with any gift cards or eVouchers.
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g.8. In the event that a customer opts to return any product acquired via the use of gift cards or eVouchers, the remaining amount will be credited to the recipient's account. This credit may then be utilized to offset the cost of future purchases.
- g.9. In the event a customer has already sent a documented agreement (e.g. email) about cancellation or returned orders, and has received a voucher code as a form of relief, and the Seller reserves the right to decline a customer’s request for refund.
- g.10. Power Mac Center reserves the right to refuse to honor gift cards and eVouchers.
4.2 PAYMENT
(a) Modes. You may pay for the Product through any of the payment modes allowed by the Seller. However, your payment will only be credited or accepted when the Seller accepts your Order. Seller may impose additional terms or change the payment modes at any time at its discretion.
(b) Limitation of Liability. You agree that you are subject to the user agreement of your chosen payment mode and that you may not hold the Seller liable for any failure, disruption, or error made by the service provider of your chosen payment mode.
(c) Invoice. The seller will prepare an invoice upon acceptance of the Order and will deliver it along with the Product.
(d) Non-Payment. If you fail to pay pursuant to the terms and conditions of the payment mode you chose or your payment is canceled for any reason, the Seller shall have the right to cancel the Sales Contract or hold the delivery of the Product without prejudice to any other right or remedy.
4.3 DELIVERY
(a) Place of Delivery. The Product shall be delivered to the address specified in your Order. Delivery shall only be made within specified areas in the Philippines. Once designated, the place of delivery shall not be changed unless the Seller expressly agrees in writing.
(b) Delivery Charges. The charges for packing and delivery shall be as stated in the Order form.
(c) Delivery Period. Delivery of a Product is subject to the availability of the Product and other events beyond the control of the Seller and delay may occur such that the delivery period stated is a mere estimate. You acknowledge that the time for delivery shall not be essential to the sales contract and that you shall not hold Seller liable should there be a delay in the delivery of your Product.
(d) Failed Delivery. Should the delivery of the Product fail due to your fault or negligence, the Seller may terminate the Sales Contract without waiving any of its rights or remedies.
4.4 UNCLAIMED SELF-COLLECT ORDERS POLICY
Customers who opted to collect their orders physically or through the Self- Collect delivery method shall claim their orders within a period of 30 days from the receipt of the Seller’s email notifying them that the order is ready for pick-up. Failure to appear in the chosen Power Mac Center store within the period above-stated shall result in the automatic delivery of the order to Power Mac Center’s Head Office located at Brgy. Kapitolyo, Pasig City. Once received by the Seller, refund is available but with a restocking fee equivalent to 10% of the order value. The customer will be notified via e-mail by the Seller regarding the processed refund and deducted restocking fee of the unclaimed order.
4.5 INQUIRY OR COMPLAINT
(a) Inquiry. Should you have any questions, you may contact the Seller by filling out the online Contact form or by sending us a message at Web Store Support email (webstore@powermaccenter.com).
(b) Complaint. Within twenty-four (24) hours from delivery of the Product and immediately upon discovery, you shall contact the Seller as stated above and notify it of your complaint regarding any of the following:
- b.1. the Product delivered is not the product you ordered;
- b.2 the Product delivered does not correspond to the description listed on the Web Store for the product you ordered;
- b.3 the Product delivered does not include the complete components or accessories specified on the Web Store;
- b.4 the number of Products delivered does not correspond to the number of products you ordered on the Web Store, or
- b.5 without your unreasonable use, there is a defect, malfunction, or failure to conform to a warranty of the Product delivered.
(c) Seller’s Action. Seller shall endeavor to reply and act on your complaint within thirty (30) days. Should more time be needed, the Seller may ask you for an extension of thirty (30) days.
(d) Reliefs Available to You. If you have notified Seller as provided in Clause 3.5 (b) of these Terms and Conditions and your complaint pertains to any of the circumstances mentioned in said clause, you may be entitled to any of the following reliefs depending on the applicable circumstance:
- d.1 Replacement of Products. Should the circumstance provided in Clause 3.5 (b.1) or in Clause 3.5 (b.2) be applicable to you and there was a mistake or error in the product delivered, Seller at its discretion may replace the Product and make available a replacement product at the Power Mac Center physical store nearest you. A replacement product shall only be released to you provided you return the Product as follows: (1) with all its components and accessories, (2) contained in the original manufacturer packaging when it was delivered, (3) without any mark or indication on the Product that it has been unreasonably or improperly used, and (4) original sales invoice.
- d.2 Delivery Correction. Should the circumstance provided in Clause 3.5 (b.3) or in Clause 3.5 (b.4) be applicable to you and there was incomplete delivery as described therein, Seller shall endeavor to deliver within a reasonable time the undelivered component or accessory in case of the former and the remaining undelivered product in case of the latter. The delivery process shall be as specified in Clause 3.3 of these Terms and Condition. Should any product be delivered in excess of your order as described in Clause 3.5 (b.4), Seller at its discretion may ask you to pay for the excess products delivered at the contract rate and collect a payment within mutually agreed reasonable time or Seller may grant a price reduction for the product delivered in excess of your order upon receipt of your notice or upon its own discovery of the excess delivery.
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d.3 Remedy, replacement, or refund. In the event that, as provided in Clause 3.5 (b.5) and 3.1 (e), without your unreasonable use, there is a cancellation, defect, malfunction, or failure to conform to a warranty of the Product delivered, the Seller shall remedy it within the period stated in Clause 3.5 (c). Should the Product continue to have the defect or malfunction even after a reasonable number of attempts to remedy it, Seller will replace the Product and make available a replacement product at the Power Mac Center physical store nearest you; however, a replacement product shall only be released to you provided you return the Product as follows: (1) with all its components and accessories, (2) contained in the original manufacturer packaging when it was delivered, (3) with a written report from the manufacturer-authorized service center that the Product has a defect or malfunction or with a directive from the manufacturer to replace the product, and (4) original invoice. Should you be entitled to a replacement product after compliance with the immediately foregoing requirements and Seller be unable to replace the Product, Seller shall provide you with a refund pursuant to the process in Clause 3.5 (d.4).
Even if there were no attempts to remedy the defect or malfunction, Seller at its discretion may allow you to have your Product replaced provided the following concur: (1) within three (3) days from delivery of the Product and immediately upon your discovery of a defect or malfunction, you notify Seller thereof; and, (2) within seven (7) days from delivery of the Product, you return the Product in the manner provided in the immediately preceding paragraph.
As stated in Clause 3.1(c), the warranties for each sold Product shall be as stated on the Web Store. Unless expressly prohibited by applicable mandatory law, the stated warranties shall exclude and shall be in lieu of all other warranties, reliefs, or remedies, whether expressed or implied, statutory or otherwise.
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d.4 Refund. Should your order be legitimately canceled, or you be entitled to a replacement product or to the delivery of an undelivered product, and Seller be unable to comply for any reason, or should Seller allow you a refund, Seller may provide you with a refund for the replacement product, the undelivered product, or the defective or malfunctioning product equivalent to the total order amount. The refund will be credited back to your payment origin. For returns, refund shall be conditioned upon your return, and our subsequent acceptance of the Product. The customer must have the original receipt and the returned product will be evaluated accordingly by the Seller prior to refund approval.
In the event a customer requests for a refund or eVoucher for an order that has already been opened or removed from its original packaging, 25% of the product’s amount will be deducted from the refund.
Seller may change the refund process at any time at its discretion. While the Seller aims to effect a refund at the soonest possible time, the processing of your refund may take time.
4.6 TITLE AND RISK
(a) Seller’s Reservation. Seller reserves the right of possession or ownership in the Product despite its delivery to a carrier for the purpose of transmission to you until Seller has received notification from the payment service provider you chose that it has cleared payment (or, deposit) of your full payment for the Product. The Product is at the Seller’s risk until its ownership is transferred to you.
(b) Your Commitment. You commit that you shall ensure that full payment for the Product is processed within a reasonable time. You also commit that you will safely keep the Product as bailee for Seller; and that, within three (3) days from your receipt of any inquiry from Seller or the occurrence of any event which may affect Seller’s rights in the Product, you will immediately reply to Seller or notify Seller of such an event.
4.7 LIMITATION OF LIABILITY
(a) Extent. Seller shall, in no event, be liable to you for indirect, incidental, punitive, special, or consequential damages, or damages for loss of profit, revenue, or use, arising out of or in connection with these Terms and Conditions. To the extent permitted by law, the Seller’s liability for damages arising out of or in connection with these Terms and Conditions shall not exceed the purchase price of the product.
4.8 TERMINATION OF SALE
(a) Upon your request. Subject to Seller’s discretion, you may request to terminate the Sales Contract and Seller will strive to accommodate your request on a commercially reasonable effort basis.
(b) Upon Seller’s determination. Without prejudice to any other right, Seller may terminate the Sales Contract by notifying you in writing at any time should any of the following happen or be present:
- b.1 The Product becomes unavailable;
- b.2 There was a mistake or error in the price listed for the product; or,
- b.3 You wrongfully neglect or refuse to accept the Product or you are in breach of any other obligation under these Terms and Conditions.
5. General Provisions
(a) Entire Agreement. These Terms and Conditions constitute the full and complete agreement between you and Seller. Should there be a prior agreement, representation, or understanding whether written or verbal, this Agreement shall supersede.
(b) Intellectual Property. The Web Store is owned by the Seller and all intellectual property rights in or to the Web Store or to its contents are owned by or licensed to the Seller. These Terms of Use do not grant you any right in or to the Web Store or to its contents except as expressly provided.
(c) Variation. Seller reserves the right to amend these Terms and Conditions and our policies at any time at our sole discretion. Your continued use of the Web Store constitutes acceptance of the amended Terms and Conditions.
(d) Force Majeure. Seller shall not be considered in breach of the terms and conditions hereunder, if the Seller has been prevented by force majeure. Force majeure, for the purposes of this agreement, shall include acts of God, war (declared or undeclared), hostilities, rebellion, insurrections, acts of terrorism, actual or threatened, any act of any government, any instrumentality or agency thereof, or any act or cause which is reasonably beyond the control of the Seller.
(e) Communication. Should you have any questions or notice, you may contact the Seller through the “Contact Us” page on the Web Store. In turn, the Seller will contact you through the contact information you provided.
(f) Termination of Use. Without prejudice to any other right, Seller may at its sole discretion deny or not allow you access or use of Services or, if applicable, disallow your continued access or use of Services without prior notice.
(g) Language. Any communication between you and the Seller shall be made in the English language.
(h) Governing Law. This Agreement shall be governed by and interpreted under Philippine laws, which shall prevail in the event of any conflict of laws.
(i) Severability. Should any part of this Term be declared contrary to law or unenforceable, then such part shall be deemed severable from the rest of the Terms and the remaining parts deemed in full force and effect.
(j) Venue. Should there be any dispute arising from or in relation to these Terms and Conditions, both you and Seller agree that a complaint shall only be filed in the proper court or quasi-judicial agency located in Makati City, Metro Manila.