Terms and Conditions

 

Agreement

Welcome to the Gateway Gallery Online Shop. The following Terms and Conditions shall govern your access to and use of http://localhost/gateway-gallery-store.aranetagroup.com/shop/  and any other channel, website, link, or application related or otherwise connected thereto (collectively, the “Site”).

Your access to and/or use of the Site shall mean that you have read, understood, and agreed to be bound by these Terms and Conditions. Otherwise, you must discontinue using the Site immediately.

The Gallery reserves the right to update and modify these Terms and Conditions from time to time. Any updates or modificationsthat may be posted on the Site from time to time are expressly incorporated herein by reference.The Gallery will alert you of any such updates or modifications in these Terms and Conditions, unless you waive your right to receive such notice. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates.You are deemed to have accepted, shall accordingly be subjected to, all updates and modifications to these Terms and Conditions if you continue to use the Site after they are posted.

The Site is intended for users who are at least eighteen (18) years old. If you are under eighteen (18) years old, you are not permitted to use and/or register for this Site, and must obtain the permission of your parent or guardian who must first read and accept these Terms and Conditions before you can continue to use the Site. Without the requisite permission, you must discontinue using the Site immediately.

 

Availability of the Site

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.

 

Site and Product Information

The Galleryworks to ensure that the information on the Site is accurate, complete, or updated, including, but not limited to, information regarding colors, features, descriptions, specifications, and details of the products available on the Site.

 

However, information or content on the Site may not always be accurate, complete, updated, free of errors, or as they appear or are displayed in your device/s. Although all reasonable efforts are being exerted to accurately, completely, and timely display or provide all necessary and relevant specifications and attributes of the products being offered on the Site, The Gallerydoes not warrant the accuracy or completeness of such information and content, and will not be held responsible for any mistakes or omissions to any information given.

 

All products are subject to availability, and the Gallerycannot guarantee that items will be in stock. The Galleryreserves the right to discontinue any product, or cancel your order, at any time for any reason.

The Gallery may, in its sole discretion, limit or cancel quantities purchased per account or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, that use the same billing or shipping address, or even orders that, in its sole opinion, appear to be placed by resellers.

 

User Representations

By providing information to the Gallery, you represent and warrant that:

1. all information you submit will be true, accurate, current, and complete;
2. you will maintain the accuracy of such information and promptly update the Gallery as necessary;
3. you have the legal capacity and you agree to comply with these Terms and Conditions;
4. you are not a under eighteen (18) years old; or if you are under eighteen (18) years old, you have obtained the permission of your parent or guardian who has read and accepted these Terms and Conditions;
5. you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
6. you will not use the Site for any illegal or unauthorized purpose;
7. your use of the Site will not violate any applicable law or regulation

If you provide any information that is untrue, inaccurate, not current, or incomplete, the Galleryhas the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

Denial of Access or Use

The Galleryreserves the right to, in its sole discretion and without notice or liability, deny you access to and use of the Site (including blocking your IP address), for whatever reason, including, but not limited to, breach of any representation or warranty contained in these Terms of Conditions, or of any applicable law or regulation. The Gallerymay also suspend or terminate your use of the Site or delete your account, without notice and in its sole discretion.

In addition to suspending or terminating your account, or denying you access to the Site, the Gallerymay pursue legal action against you, including the institution of applicable civil or criminal action/s.

You agree that the Galleryshall have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions will be construed to obligate the Galleryto maintain the Site.

 

Pricing and Payment

The prices of the products indicated on the Site are shown in Philippine Peso, and shall include the applicable VAT, and other applicable taxes, if any, but excludedelivery charges and/or handling fees, which are added to the total price.

The Galleryreserves the right to modify the prices of the products at any time. The Galleryalso reserves the right to correct any errors or mistakes in pricing, even after payment has already requested or received. The Galleryis not obliged to provide you with any product at the incorrect lower price, and in such case, you will be notified accordingly.

The Gallery accepts the following forms of payment:

1. Bank transfer/deposit; and
2. Cash-on-Delivery (COD).

The Gallerydoes not guarantee that any and all of the foregoing forms of payment will be available at any given time.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including your:

1. full name;
2. billing address;
3. contact number/s;
4. e-mail address;
5. preferred payment method;
6. debit/credit card information, if applicable; and
7. such other information that may be relevant to your purchase,

so that the Gallerycan complete your transactions and contact you as needed.

You also agree to pay all charges at the prices then in effect for your purchases and any applicable shipping/delivery costs, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

 

Delivery

Delivery is anywhere in the country to be shipped by Gateway but paid for by the buyer.Shipper or delivery provider to be determined by the Gallery on a per case basis with regards to the cost, availability, timeframe, etc.

The delivery or logistics/courier service provider engaged to undertake the delivery of your order shall fulfill the delivery in accordance with its own terms and conditions, especially insofar as its policies on non-delivery, misdelivery, late delivery, cancellation, loss, and damage are concerned.

The delivery or logistics/courier service providers are not under the control of the Gallery and therefore, the Gallerydoes not make any warranties on their behalf and shall not be held liable for loss or damage to your order that is or may be caused by, attributable to, or result from, directly or indirectly, the acts, omissions, or negligence of the delivery or logistics/courier service provider or its delivery personnel, employees, representatives or agents.

For the purpose of these Terms and Conditions, “delivery” shall be understood to have taken place or the order “delivered” as soon as you or a third party indicated by you, or if you did not name the party who should receive the product, any adult at the delivery address acquires physical possession of the goods, which will be evidenced by a delivery receipt or document.

 

Transmission of Risk and Ownership of the Products

The products shall be under your responsibility from the moment of delivery and receipt by you or the person you have named and authorized, or in the absence of any such authorized person, to any adult who shall receive the Products at the delivery address.

You will take ownership of the products when we receive full payment of all amounts due, including delivery charges, or at the moment of delivery, whichever comes later.

 

Returns and Exchanges

You have a period of seven (7) calendar days from the day on which your order was delivered to return or exchange the product you purchases, or request for a refund. After the lapse of the said seven (7) day period, your right to return or exchange the item, or request for a refund, shall automatically expire. In any case, please send us an e-mail at [email protected] immediately and provide the details of your item within the seven (7) day period.

To be eligible for a return or exchange, your item must be unused and in the same condition that you received it. It must also be in the original packaging, with all original tags and labels attached and intact.

In returning an item, you may either: (1) personally drop off the product at; or (2) send the product via courier to, the Gallery at the 5^th Floor of Gateway Tower in Araneta City, 0810 Quezon City.

If you choose to return the item via courier, you shall cover the shipping costs. The Galleryshall not reimburse your shipping costs. If you are shipping an item that is worth over PhP 1,000.00, you are strongly advised to consider using a trackable shipping service, or purchasing shipping insurance for your item. The Gallerycannot be held liable for items that you returned/shipped via courier but did not reach the Gallery.

You may only return a product and request for a refund or exchange when you:

1. receive a product that is fundamentally different in nature from the product specified in the Site;
2. receive a faulty or damaged product; or
3. the wrong item is delivered.

If you refuse to take possession of the product without sufficient cause or justification, or return the item/s against the guidelines above, the Gallerywill safely keep the item/s for a period of fifteen (15) calendar days, reckoned from the date the Galleryreceives the product that you unjustifiably refused to receive and/or returned against guidelines. The Gallerywill use its best efforts to return the product to you within the period provided.

After the lapse of such period, you are deemed to have abandoned the product or item, and the Gallerymay dispose of the product or item as it may deem fit.

 

Refund

Once your returned item is received and inspected, you will receive an email from the Galleryto notify you of its receipt. The Gallerywill also notify you of the approval or rejection of your request for refund.

If your request for refund is approved, the same will be processed and automatically credited back to your preferred bank account.

Except for cash-on-delivery payments, all refunds shall be made via the original payment mechanism and to the person who made the original payment. Refunds may be facilitated via bank transfer into the individual’s bank account, provided that complete and accurate bank account details are provided to us.

The Galleryoffers no guarantee regarding the timeliness of the refunds reaching your account. The processing of refunds is subject to the respective banks and/or payment providers’ internal processing timelines. You may contact your bank to find out refund processing timeline.

 

External Links or Websites

The Site may include links to other websites maintained by third parties. The Galleryprovides the links to these websites to you solely as a convenience, and you access such third party websites at your own risk, and by accessing them you leave the Site. Third party websites are not under the control of the Galleryand therefore, the Galleryis not responsible for the contents of any such third party websites.

 

Disclaimer

The Site is provided on an as-is and as-available basis. You agree that your use of the Site will be at your sole risk.

To the fullest extent permitted by law, the Gallerydisclaims all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

The Gallerymakes no warranties or representations about the accuracy or completeness of the Site’s content or the content of any third-party websites linked to the Site, and the Gallerywill assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and products, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (3) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or (6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.

The Gallerydoes not warrant, endorse, guarantee, or assume responsibility for any product advertised or offered by a third party through the Site, any linked third-party website, or any website or mobile application featured in any banner or other advertising, and The Gallerywill not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. You should use your best judgment and exercise caution where appropriate.

 

Limitation of Liability

Your use of the Site is at your own risk. Neither the Gallerynor its affiliates or related entities or its vendors or content providers shall be liable to any person or entity for any direct or indirect loss, damage, injury, claim, or liability of any kind or character whatsoever based upon or resulting from your use or inability to use the Site, or any information or content provided on the Site.

The Galleryis not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with the Site or any products or contents found therein, or with any of the Gallery’s Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site.

Any provision contained in these Terms and Conditions to the contrary notwithstanding, the maximum amount of the Gallery’s liability for any claim related to or connected with your purchase and/or these Terms and Conditions shall not exceed the amount you paid for your purchase.

 

Indemnification

You agree to indemnify, defend and hold harmless the Gallery, its affiliates or related entities, its shareholders, officers, directors, employees, agents, distributors, and vendors from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting or arising out of: (1) your use of the Site; (2) your breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site.

 

Intellectual Property

Unless otherwise indicated, the Site is the Gallery’sproprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by or licensed to the Gallery, and are protected by copyright and trademark laws and various other intellectual property rights laws.

The Content and the Marks are provided on the Site “as is” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without the Gallery’sexpress prior written permission.

The Gallery reserves all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

Privacy Policy

You may view the Gallery’sPrivacy Policy here.

 

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you are non-confidential and shall become the Gallery’s sole property. The Galleryshall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

Governing Law

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the Republic of the Philippines.

 

Dispute Resolution and Exclusive Venue

Any disputes or differences in connection with or incidental to these Terms and Conditions shall be resolved amicably and in good faith. Such disputes or differences shall be settled in the first instance by mutual discussions between you and the Gallery, which discussion shall be set no later than three (3) days after receipt of notice in writing to amicably settle the same. You and the Galleryshall have a period of thirty (30) calendar days to amicably discuss and settle any issues in dispute, unless otherwise extended by mutual agreement. Failing which, either you or the Gallerymay seek judicial intervention to settle the dispute.

It is hereby agreed that you and the Galleryshall submit to the jurisdiction of the proper courts of Quezon City, Metro Manila, Philippines in the event of any litigation arising out of these Terms and Conditions, to the exclusion of any and all other courts, tribunals, and/or venues.

 

Waiver and Severability

Any failure of the Galleryto exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitute the entire agreement between you and the Gallery, and govern your use of the Site, superseding any prior agreements (including, but not limited to, any prior versions of the Terms and Conditions). If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.

 

Contact Us

You may contact the Galleryat:

 

Gateway Gallery

5^thFloor, Gateway Tower

Araneta City, 0810 Quezon City

Tel No.: (+632) 8588-4000 loc 8300

E-mail: [email protected]