Terms & Conditions

Terms and Conditions: Sale of Goods – Online website store and by other means.

www.the47thstore.com

These Terms and Conditions govern the supply or sell by us of any product ordered by you on all of The 47th Store website/online store. 

By using any of our websites, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use these websites. 

In these Terms and Conditions, when we refer to "we", "us" or "our", we mean The 47th Store. Where we refer to "you", "your" or "the customer", we mean you, the person using the Services. 

I. HOW THESE TERMS AND CONDITIONS APPLY

I.1 The Terms in Section A explain how Our Website must be used. They apply to ALL users of the Website. Section 2 also applies when You buy Goods using the Website or by other means to acquire the goods. We may amend the Terms from time to time and you are advised to check them regularly for any changes which We make.

I.2 When You use the Website, We may gather information about You and Your visit to the Website. Information about this can be found in our Privacy Policy which forms part of these Terms. The Privacy Policy and these Terms together govern Our relationship with You and form the contract between us ("Contract").

Section 1: Terms of Website Use

II. ABOUT THIS WEBSITE

II.1 This Website is aimed at people who are consumers. The information on this Website is in English, all communications shall be in any appropriate dialect or and language which You and Us may communicate proficiently. You may be viewing the Website in a market in which we do not commonly sell our goods and We cannot be held responsible for non-compliance with any local advertising or other laws in relation to this Website or its contents. We may restrict access to some parts of the Website to users who have registered with Us.

II.2 This Website is operated by THE 47th STORE, an online store registered in BL L13 Queenstown Heights 2, San Isidro, Antipolo City, Rizal, Philippines 1870

III. INTELLECTUAL PROPERTY AND COPYRIGHT

All content of the online store of The 47th Store (Illustrations, texts, descriptions, own brands, images, videos …) is property of The 47th Store. The third-party trademarks are property of their owners. Any partial and total reproduction of the content by any processes and by any medium are subjected to prior and express authorization to The 47th Store or any right holders. 

The 47th Store is not responsible for the misuse of our websites contents, the responsibility is exclusively for the user who accesses them or uses them. 

The 47th Store declines all responsibility of any disputes arising from the exchange of information between users through our websites. The responsibility of publishing data and information through their websites is in any case for those who published them.

III. WEBSITE CONTENT

We have taken great care in compiling this Website but neither We nor Our directors, employees or other representatives or any other companies within Our group of companies will be responsible for any damages, losses or costs however they arise as a result of Your use of or reliance on the Website. Although We aim to provide information which is accurate and up to date, We do not guarantee to do so. You are responsible for making sure that Your reliance on this Website is suitable for Your own purposes and the information which We provide is not intended to be advice which You should rely on. The information contained on this Website is provided on an "AS IS" basis and We exclude all warranties and representations of any kind with respect to this Website and its contents to the fullest extent which the law allows.

We may change, remove or in any other way adapt the content of Our Website at any time and without advance notice.

We may provide links to other websites. If we do this, those links are provided for Your convenience only and We cannot be responsible for the content or availability of those websites or Your use of them.

We do not guarantee that this Website will always be available or be free from error, virus or similar.

We are under a legal duty to supply goods that are in conformity with the contract and we aim to ensure that the product images on Our Website are as accurate as possible but there may be slight colour variations between the Goods and the images shown online.

IV. PROTECTION OF PERSONAL DATA AND COMMENTS

IV.1 Submissions or comments which are in any way defamatory, abusive, obscene, unlawful, sexist, racist or which may in any way cause offense to any person are strictly prohibited. You must not use any abusive language, be aggressive, swear, threaten, harass or abuse any other person including but not limited to other users of this Website.

All information which You submit should be accurate, truthful and should not be copied.

The contract´s content will be stored. You may store the Terms and Conditions and readily look them up. For safety reasons your order´s data are not or may available via your account with us. We keep these data in confidence according to our privacy policy.

The personal data that you must give are essential to us in order for us to be able to send the orders and drafting the bills. The absence of this information will result in an automatic cancellation of the orders. By entering the page, the customer agrees to provide valid personal data, data that allows The 47th Store to offer their service and identify their registered customer, as well as sending information and advertisement of various products and offers that the 47th Store. may have on their websites. 

All of the comments that are written by our customers are verified by the Marketing team. If the comment violates any law, ethics or morality (abusive publicity, defamation, insults, comments out of context, etc.), The 47th Store reserves the right to reject or modify such opinions

The customer must use its own identity at all times when using the Website and should ensure that all information which You provide is accurate and up to date to the best of Your knowledge. You must not use information about any other person except if You have their permission to do so.

IV.2 You must not corrupt the Website, flood it with information causing it to malfunction or use any features which may affect the Website such as any worms, viruses or similar harmful elements. The use of spam (that is, multiple, unsolicited or undesired bulk e-mails) is also forbidden.

We will not be liable for any loss or damage which You suffer as a result of any harmful material infecting Your computer, data or other material due to Your use of Our Website.

If You have a password as part of Our security procedures, You must treat that information as confidential and must not disclose it to anyone.

We may refuse access to this Website to anyone who does not comply with these Terms.

IV.3 We are happy for you to link to our websites but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to our websites, you must do so without delay. 

Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Section 2: Terms of Sale

V. THE SALE OF GOODS AND THE ORDERING PROCESS AGREEMENT

V.1 By ordering on our websites, you confirm that you are at least 18 years of age and accept our Terms and Conditions. The 47th Store. will send you a confirmation of your order per mail. This confirmation does not constitute acceptance of your order as no contract for the purchase of the selected goods will be formed until we receive and proof your payment. The 47th Store reserves the right to cancel or decline any order without giving further details.

V.1 In order to place an order, you are at least 18 years old. If you are a minor, ask your parents or legal representatives to place the order in your name. However, if you are between 14 and 18 years of age, you can request information about products. In any case, it is advisable to have your parents or legal representatives before navigating and/or registering on our websites or mobile applications so that they can explain any questions that arise. If you are under 14, please do not give us any personal information, as we cannot accept them. 

Once you have accessed to our websites, you must fill out the form with the necessary personal data that are requested and must click on the "Pay" button to confirm the purchase. 

When you have finished your order, we will send you an email with the details of your order. 

In case there is any problem with the delivery of your order, we will contact you as soon as possible to inform you about the situation and suggest alternative products that you may wish to purchase. Or offer the refund of the amount paid when placing the order. 

You may cancel the order at any time and at no additional cost, provided that it has not been invoiced and sent through the shipping company. If the parcel has left on our premises, you may reject it when being delivered by the shipping company. 

The products availability on our websites may constantly changes and reflects the situation in real time. By adding an item to the shopping basket, it does not guarantee that it will be reserved for you, as other customers may have already purchased it. Only when the payment process has been completed, the product is effectively reserved for the customer. 

The 47th Store will make every effort to provide you with the products listed in your order confirmation. However, there may be times when it is impossible for us to supply such products because, for example, a stock issue. In these cases we will contact you to inform you and suggest alternative products that you may wish to purchase.

V.3 The Website displays Goods which are advertised for sale and gives information about them. By advertising Goods on the Website, We are inviting You to place an Order with Us. If You place an Order, We are not obliged to accept that Order and the Contract between Us will only be formed if and when We accept Your Order. Neither submitting an electronic order form, nor completing the checkout process constitutes Our acceptance of Your Order. Our acceptance of Your Order and the completion of the Contract between You and Us will take place upon dispatch to you of the Goods. You may include any number of items within a single Order, subject to any restrictions set out in these Terms or on the Website and each Order which You place will be a separate Contract between Us. We reserve the right to refuse to supply Goods to any person. 

V.4 The items available are described and presented with as much precision as possible. You must read the description of each product in order to know the specific details and properties. The choice and purchase of a product is the sole responsibility of the customer. However, should an error or omission occur within the information The 47th Store cannot be held responsible. All customers are invited to inform The 47th Store of any error that can be found in a product description.

V.5 We may refuse Your Order or cancel Your Order if we decide it is reasonable to do so which may include circumstances where:

V.5.1 We are unable to obtain authorised payment or the payment process is incomplete; or

V.5.2 We identify a product or pricing error on the Website; or

V.5.3 You fail to meet any criteria for eligibility of purchase which We may impose from time to time; or

V.5.4 We suspect that Your Order is related to fraudulent activity; or

V.5.5 You fail to submit all necessary and relevant details to allow Us to fulfil the Order; or

V.5.6 Goods are unavailable or out of stock.

VI. PRICES AND SHIPPING 

All prices are clearly shown on our websites. Prices can be changed frequently. The valid prices for each order are based on the moment the order has been placed. 

VAT is already included in the product price you see on our websites. So VAT and any sales taxes are already included and you will only be charged the product price. 

Shipping is FREE nationwide.

VII. Payment

VII.1 Offers and promotions on the Website are subject to availability and We may change or withdraw them at any time and without notice. Nothing shall oblige Us to maintain offers or promotions for any period. Additional terms may apply, details of which will be displayed. All charges are stated in Philippine Pesos

VII.2 We accept payment via Paypal and most major credit and debit cards including Visa, Mastercard, Maestro and American Express. You must only use a card if You are the named cardholder or You are not authorized to use it. By placing an Order, You confirm that You are the authorised cardholder or the Card Holder itself authorized You. All credit and charge card holders are subject to validation and security checks as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, We will not accept Your Order and will not be liable for any delay or non-delivery. Your card provider may charge You for using You card. Please check the terms and conditions with Your card provider carefully and in advance of submitting Your payment details

VII.3 Cash On Delivery

VII.4 Offline Payments: Bank Deposits, Cebuana Lhuiler, Palawan Pawnshop

VIII. PRODUCTS AVAILABILITY

The 47th Store offers a range of items, most of them are in stock other have to be ordered on demand or pre order. If we do not have sufficient stock of Goods, We will notify You by e-mail or telephone and Your credit or debit card transaction will be cancelled or refunded. We will do this as soon as possible and by no later than 30 (thirty) days from the date of Your Order. We will not be responsible for any compensation if Goods which You order are not available for any reason.

So when selecting an item an estimated delivery date will be shown. If the item is in stock, you will find the information directly next to the estimated delivery date. 

In case that The 47th Store. has to withdraw an item because it has become obsolete or has been discontinued, you will be informed directly. If The 47th Store can offer any similar item, you will directly receive the proposal which you can accept or if not, cancel the item/order for a refund of the product price paid.

IX. RETURNS

IX.1 You have a legal right to cancel the contract (subject to certain exceptions set out below) without giving any reason within 1 week of the day after You receive the Goods. This is the “Cancellation Period”.

IX.2 You can cancel by sending Us the cancellation form provided or by letting Us know in any other way; by e-mail to the47thstore@gmail.com;or messaging us in our website; or over the phone; or on our official social media accounts. You should keep evidence of having given notice of cancellation, such as an e-mail receipt or evidence by any means.

IX.3 You must return the Goods to Us (at your own risk and cost) within 1 week of notifying Us that You wish to cancel by returning them to the agreed address or pick up point, along with the delivery note as proof of purchase . We will not be responsible for any costs associated with returning the Goods to Us.

IX.4 The Goods must be returned unused with the original packaging.

IX.5 If the nature of the Goods means that You cannot return them by post, You will be responsible for the cost of couriering the Goods to Us; if you contact Customer Services we will try to provide You with an estimate of the courier cost.

IX.6 We will ordinarily refund the full purchase price together with the standard delivery charge paid within 14 days of receiving the returned Goods or proof of postage of the same. If You chose to pay extra for express delivery, We will only refund the cost of standard delivery. Please note though that if You want to return only some items but keep the rest of Your Order, You may not be entitled to a refund of the delivery charge.

IX.7 You must take care of the products before You return them to Us. We may reduce the amount We refund to You if You use them, damage them or otherwise do something beyond what is reasonably necessary to examine them that reduces their resale value.

IX.8 If you simply want to exchange the Goods You have ordered, you can do so within 28 (twenty-eight) days of the day after You receive the Goods.

IX.9 We warrant that the Goods which we supply are of satisfactory quality and are fit for the purpose for which Goods of that nature are commonly supplied.

IX.10 If You return Goods to Us for a reason other than if You change Your mind, We will inspect the Goods and either replace them or refund the full purchase price for Goods if we accept that there is a manufacturing defect or other fault in the Goods. This is subject to You returning the Goods to Us within a reasonable period.

IX.11 We will replace the Goods or refund You provided that the defect or fault is not caused by usual wear and tear, damage caused deliberately or accidentally, Your negligence or if You fail to follow product instructions or if the Goods have been misused, altered or repaired without Our approval. Any refund will also include any delivery charges which You have paid and Your cost of returning the Goods to Us. If We do not find any fault or defect then Your cancellation and refund rights are limited to those set out in Clauses IX.1 to XI.8 above although this does not affect your statutory rights. Subject to Clause 9 below, the remedy in this Clause IX.13 represents our entire liability to You for any claim in respect of the Goods which the law provides, in so far as We are permitted to limit Our liability to You.

IX.12 If You believe that Goods have a defect then You should not make any further use of them before returning them to Us. Nothing in these Terms shall affect Your statutory rights. These are Your rights granted by law and which cannot be changed by Us.

IX.13 If You wish to return Goods in accordance with Clause IX.11 You may either:

IX.13.1 return the Goods to Us in an unused, reasonable condition to the returns address in Clause IX.3; OR

IX.13.2 if you have paid using a credit or debit card you can return the Goods in a reasonable to the agreed collection point or address together with the dispatch or delivery note as proof of purchase.

IX.14 We will aim to process Your refund or replace the Goods as soon as possible but will do so within 30 (thirty) days of You returning the Goods to Us. If you have paid using a credit or debit card and if You can to return Goods to agreed collection point or address, any refund or replacement due may be made at that time except that any delivery charge refunds which are due will be processed separately. We reserve the right to send any Goods which You claim are faulty to Our inspections team.

IX.15 Whenever You return Goods to Us either because You believe they are faulty, We ask that Goods are returned to Us, either by recorded delivery or courier so that You have proof of posting. We will not be responsible for Goods which are lost or damaged in the post.

X. LIABILITY

Events outside of our control - we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control. 

An event outside of our control means any act or event beyond our reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks. 

If such an event takes place and it affects the performance of our obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over. 

Complaints - We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

The items which We offer for sale are fashion items and may not be suitable for sports or other activities. You should therefore satisfy yourself that items are suitable for the type of sports activity that You wish to use them for.

XI. DELIVERY

XI.1 We aim to deliver the Goods within the indicative timescales shown on Our Website. References to "working day" shall mean any day of the week excluding Sundays and Bank Holidays. However, time is not of the essence for delivery or performance and all delivery dates specified on our Website and in any correspondence are estimates only. This means that We will not be responsible if Goods are delivered outside those times and We will not be liable for the consequences of any delay. If We are unable to deliver the Goods within the indicated timescale, We shall use reasonable efforts to tell You this by e-mail or contact You by any means with any contact information that you gave us and give an amended delivery estimate.

XI.2 If Goods are out of stock then We will let you know by e-mail or by any means as deemed as appropriate.

XI.3 If You Order more than one product, We do not guarantee that all Goods will be delivered to You in one delivery and We reserve the right to deliver in multiple consignments.

XI.4 Ownership of the Goods will only pass to You upon delivery of the Goods. The Goods will be at Your risk from the time of delivery and You should therefore take reasonable care of them.

XI.5 If the Goods or quantity which You receive are not as You ordered due to Our error then You should inform Us by telephone, email or letter using the contact details set out at Clause 9.3, as soon as possible after You receive the Goods and become aware of the error. We will make good any error. We will also reimburse to You any delivery costs which You incur in sending the incorrect Goods back to Us. However, we ask You to contact Us in advance to arrange Your return. Any Goods which You receive in error and intend to return should not be used by You.

XI.5 Goods will be delivered to the address which You provide in the Order process however delivery practices may vary depending on which carrier is delivering the Goods. You must provide a valid address for delivery. The delivery method which We use may vary depending on the nature and number of the Goods. We shall select what We think is the most appropriate delivery method for the Goods.  

XI.6 We reserve the right to make alternative arrangements for delivery, which will depend upon the carrier We use to deliver the Goods. This may include leaving the Goods with a neighbor or in a safe place in or around Your property.

XI.7 If the Goods are not delivered on the date expected you should notify us of such non-delivery within 30 days of such failure of delivery.

XII. GENERAL

XII.1 We will not be in any way responsible to You for a failure to sell Goods which You wish to buy or otherwise for a failure to comply with Our obligations under the Contract or any costs or liabilities which You incur as a result of any circumstances beyond Our reasonable control including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials or services or terrorist acts.

XII.3 If any clause of this Contract is found in any way to be void by a Court or other competent authority then all other clauses of the Contract will continue to apply.

XII.4 If either We or You do not at any time act on any rights which we have under this Contract then it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right which we have, it will not affect any other rights which either of us has.

XII.5 We may amend these Terms at any time and without notice to You. Any change will take effect immediately after being posted on the Website and will be deemed to be accepted by any person who uses the Website. Where You have already placed an Order, the Contract will remain subject to the version of the Terms which were in place at the time at which You placed Your Order, subject to any changes expressly agreed between You and Us.

XII.6 Nothing in these Terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these Terms will not change any rights which the law grants to You which that law does not allow Us to change or limit.

XII.7 Any notice You send to Us will be deemed delivered as follows, depending on how You send it:

XII.7.1 on the day on which it is left if You deliver the notice by hand; or

XII.7.2 on the day on which it was posted if You post the notice as shown on proof of postage; or

XII.7.3 on the day on which it is sent correctly if by fax or email;

and in each case it should be sent to the address set out at Clause IX.3

XII .8 The Contract is the entire agreement and understanding between Us in respect of its subject matter and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal. We each 

acknowledge that in entering into the Contract neither of us has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the Contract or on the Website. If you are uncertain as to your rights under the Contract or you want any explanation about them please write to or email our customer services department, at the address set out above.

XII.9 A person who is not party to this Contract shall have no right under the Contracts to enforce any term of it which means that only We and You have rights under it. This does not affect any right or remedy of any person which exists or is available otherwise than under that Act

XIII. AMENDMENT TO THE TERMS AND CONDITIONS

XIII.1 We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the site will be deemed to constitute acceptance of the new Terms and Conditions.

XIII.2 These Terms and your use of the Website (and all non-contractual relationships arising out of or connected to it or them) shall be governed by and construed in accordance with Philippines law. You submit to the exclusive jurisdiction of the Philippines courts to settle any dispute which may arise under these Terms.

 

Email: the47thstore@gmail.com