Terms & Condition
Chapter 1. General Provisions
Article 1 (Purpose)
The purpose of these Terms and Conditions of Use of Shopping Services of Pretty Bubble Dog (the “T&C”) is to set forth the rights, obligations and responsibilities of the parties using the ecommerce-related services and other services (collectively “Services”) provided by Pretty Bubble Dog, Inc. (the “Company”) through the “Pretty Bubble Dog” internet shopping site (www.prettybubbledog.ph) (“Pretty Bubble Dog”) operated by the Company.
Article 2 (Definitions)
- Capitalized terms used herein shall have the following meaning:
Article 3 (Types of the Services)
- The Company will provide the following Services:
Chapter 2. User Agreement and Data Protection
Article 4 (Formation of a Shopping Service User Agreement)
- The Shopping Service User Agreement (the “User Agreement”) shall be formed upon the Company’s acceptance of an application for the use of shopping services, from a person who intends to use the shopping services provided by the Company. The Company will notify its intent to accept the application by disclosure of such intent on the relevant webpage for the Services or by email or otherwise.
- A person who intends to use the shopping services shall agree to Pretty Bubble Dog, Inc. and enter necessary information in the form application for membership as provided by the Company.
- A person of 14 full years old or older is eligible to the membership to the Services. An applicant shall apply for the membership in his/her/its real name. If anyone applies for the membership in a name other than his/her/its real name or by misappropriating another’s information, such applicant may be restricted from using the Services or penalized pursuant to applicable laws and regulations.
- Applications will be handled on the first-come-first-served basis, and admission to the membership will become effective at the time when the acceptance by the Company is received by the Member.
- The Company may withhold or refuse its acceptance of an application in any of the following cases:
Article 5 (Change and Protection of Personal Information)
- A Member may not provide false information when applying for the membership, and in the event of any change in the information provided when applying for the membership, the Member must immediately update the information. As a general rule, a Member’s name may not be changed, unless permitted by applicable laws and regulations.
- Notification to the Member by the Company shall be considered complete when the notice is delivered to the address or e-mail address provided by the Member. Any damages arising out of the failure to update information must be borne solely by the relevant Member, and the Company shall not be held liable for any such damages.
- The Company will not use any information provided by the Member for the execution of a User Agreement, for any purpose other than its operation of the Services as consented to by the Member. If a new purpose of use arises or for the disclosure of the information to a third party, the Company shall notify the purpose(s) of use or disclosure of the Member’s information (as the case may be) and obtain separate consent from the Member in the phase of the use or disclosure of the Member’s information; provided, however, this shall not be the case if prescribed otherwise by applicable laws and regulations.
- The Company shall not pre-check the consent box for the collection, use, and provision of personal information as a default. The Company shall also enumerate the services that will be limited to the Member should the Member refuse to consent to the collection, use and provision of personal information, and the Company shall not limit or refuse to provide membership service to any Member who wishes to use the shopping services on the account of the Member refusing to provide consent to the disclosure of any non-essential personal information.
Article 6 (Control over ID and Passwords)
- Each Member shall be responsible for the control over his/her ID and Password, and may in no event assign or lend any of them to a third party.
- Each Member and each user shall take the responsibility for any and all damages and losses arising out of the leak, assignment or lending of a Member’s ID or Password, that occurs due to a cause that is not attributable to the Company.
- If a Member becomes aware of the theft, or unauthorized use by a third party, of his/her ID or Password, the Member shall immediately notify the Company thereof and the Company shall exert its best efforts to handle the situation promptly.
Article 7 (Termination of the User Agreement)
- Termination by members:
1) A Member may terminate the User Agreement at any time by notifying the Company of the Member’s intent to terminate it through the applicable service webpage; provided that the Member has taken necessary actions to consummate any and all transactions at least seven ( 7) days prior to the date of the termination notice.
2) A Member shall be solely responsible for any consequences arising out of a termination notice sent within the said period, and upon termination of the User Agreement, the Company may withdraw all benefits additionally granted to the Member by the Company.
3) If a Member who has terminated the User Agreement intends to use the Services later again, the Member’s use of the Services will not be permitted unless the Member notifies the Company of his/her new intent to use the Services and the Company accepts the offer.
- Termination by the Company:
1) The Company may terminate the User Agreement in the event of occurrence or finding of the following:
i) violation of, infringement upon or damage to the rights, reputation, credit or any other interest of any other Member or third party, or breach of the Philippines laws/regulations or public order and good morals;
ii) obstruction of or any try to impede the proper processing of the Services provided by the Company;
iii) circumstances in which the Company finds it necessary, in its reasonable judgment, to refuse the provision of the Services.
2) If the Company terminates the User Agreement with a Member, the Company will notify the Member of its intent of termination by disclosing the reason(s) for termination by e-mail, by phone or otherwise. The User Agreement shall be terminated at the time when the Company notifies the Member of its intent of termination.
3) Even if the Company terminates the User Agreement, these T&C shall continue to apply with respect to the consummation of a sale and purchase contract entered into on or before the termination.
4) When the User Agreement is terminated pursuant to this Article, the Company may withdraw all benefits additionally granted to the Member by the Company.
5) If the User Agreement is terminated pursuant to this Section, the Company may refuse to accept the Members’ re-application.
Article 8 (Term and Suspension of Provision of the Services)
- The term of the provision of the Services will begin from the date on which use of the Services are applied for, and ends on the date of termination of the User Agreement.
- The Company may suspend its provision of the Services temporarily upon the occurrence of a justifiable event, including without limitation, the maintenance, repair, examination, replacement of information and communications facilities (such as computers), or if such facilities are out of order.
Chapter 3. Use of Shopping Services of Gmarket
Article 9 (Execution of Contracts and Payment of Purchase Prices)
- A sale and purchase contract will be executed by a Member offering to purchase a given item on the terms and conditions of sales suggested by the Company and by the Company’s acceptance of the Buyer’s offer.
- The Company will provide methods for payment of the purchase price in cash, by credit card, or by other means.
- The Buyer will enter information relating to the payment of the purchase price at his/her own responsibility, and shall solely take any and all liabilities and disadvantages arising out of the information entered by the Buyer in relation to the payment of the purchase price.
- The Company may cancel a transaction without the consent of any Member, if the purchase price is not paid within a certain time period after the order is placed.
- The Company will take measures to allow the Buyer to check the contents of the executed sale and purchase contract on the webpage of “My Shopping Details,” and will provide guidance on how to cancel the contract and the relevant procedures.
- The Company may check whether the Buyer is lawfully entitled to use the payment means used when paying the purchase price. The Company may suspend the transaction until the completion of confirmation of the buyer’s right to such use, or cancel the transaction if it is impossible to obtain such confirmation.
- The amount actually paid by the Buyer shall be an amount (actual purchase price) remaining after applying to the original price (set by the Seller), any basic usage fees, discount coupons applicable to the particular item, delivery fees, details of an option (in the case of an option item) and so on. The proof of purchase (i.e. cash payment receipts, tax invoices, credit card sales slips, etc.) will be issued to show the amount of the actual purchase price.
Article 10 (Delivery)
- A delivery period shall begin on the date following the date on which receipt or settlement of payment is confirmed and end on the date of completion of delivery.
- The Company will take measures necessary for delivery within three (3) business days from the receipt or settlement of payment by the Buyer.
- Days during which delivery is impracticable due to a force majeure event or otherwise shall not be counted as part of a delivery period.
- If a status update concerning delivery is delayed due to the Buyer’s failure to confirm his/her receipt after the Company has properly confirmed shipping on its part, the Company may ask the Buyer to confirm the Buyer’s receipt within five (5) days from the date of Company’s confirmation of shipping. If, thereafter, despite of the Company’s asking the Buyer does not confirm his/her receipt, the status of the transaction may be automatically converted to “cancellation of delivery”.
Article 11 (Cancellation)
- A Member may cancel an order of purchase at any time prior to the shipping of the purchased items, and if cancellation is requested during the delivery, it will be handled pursuant to the procedures for return of purchased goods.
- If an application for cancellation is received after a Member’s completion of payment and while shipping is arranged or pending shipping, the cancellation of the order will be immediately processed, absent special circumstances.
- In the case of cancellation of an order when the order is ready for shipping, if the purchased items have already been shipped at the time the cancellation application is received, as a general rule, the Buyer shall bear the fees for both delivery and return of the shipped items, and such procedures shall follow the procedures for return of purchased goods rather than the procedure for cancellation of purchased goods.
- As for any refund following duly processed cancellation, payment by credit card will be cancelled immediately upon the completion of cancellation procedures, and payment in cash will be refunded to the relevant Member’s bank account as a cash balance within three (5) business days.
Article 12 (Return)
- A Member may demand a return (“Return”) of the Seller’s items from the time such items are shipped by the Seller until three (3) days after receipt of the delivery pursuant to applicable laws and regulations.
- As a general rule, costs and expenses incurred for the Return (“Return Costs”) shall be borne by a person to whom the reason for the Return is attributable -- e.g., in the case of simple change of Buyer’s mind, the Buyer shall bear the Return Costs, while in the case of a defect in the purchased items, the Company shall bear the Return Costs.
- When applying for the Return, if the Buyer does not set out the return invoice number or accurately notify (orally or in writing) the Company of the reason(s) for the Return, the Return and refund process may be delayed.
- As for the refund following the Return, after the returned item is received by the Company and after the reasons for the Return and who to bear the costs and expenses for the delivery and Return Costs are confirmed, payment in cash will be refunded to the relevant Member’s bank account as a cash balance within three (5) business days, and the payment by credit card will be cancelled immediately.
- In case the Buyer has to bear the Return Costs, if the additional payment of the Return Costs is not made, the refund may be delayed.
Article 13 (Exchange)
- A Member may demand an exchange of the Company’s items from the time such items are shipped by the Company until three (3) days after receipt of the delivery pursuant to applicable laws and regulations.
- Even if an exchange is requested, an exchange may not be possible if the Company has no stock for the exchange, and in such case, the request will be processed as a Return.
- Costs and expenses incurred for the exchange (e.g., costs for delivery to and from the Company) shall be borne by the Company in the case of defect in the purchased items, and shall be borne by the Buyer in the case of simple change of mind.
Article 14 (Refund)
- In the case of a return or exchange due to a defect in the purchased items, the Company will have payment in cash refunded to the relevant Member’s bank account as a cash balance within three (5) business days, or will have the payment by credit card cancelled immediately.
- As a general rule, refund of payment by credit card can be made only by way of cancellation of such payment.
Article 15 (Exceptions to Return, Exchange or Refund)
In the any of the following cases, the Buyer shall not demand a Return, exchange or refund:
1) if the item is lost, destroyed or damaged due to a cause attributable to the Buyer;
2) if the value of the item has notably decreased due to use or partial consumption by the Buyer;
3) if the value of the item has notably decreased due to the passage of time so as to make its resale difficult;
4) if the packaging of the product is damaged; or
5) if the item is specially ordered and the Buyer consented in writing (electronic consent included) that, as such, returning the item will likely cause irreparable damage to the Seller.
Chapter 4. Use of Additional Services of Pretty Bubble Dog
Article 16 (Discount Coupon)
- The Company may issue discount coupons under which a Member using the shopping services may get discount at a certain rate or in a certain amount when the Member makes a purchase. Discount coupons refer to all item discounts.
2. The Member shall use discount coupons for the Member’s own purchase only, and shall in no event sell or transfer any of them in substance to another; provided that the Company may allow transfer of discount coupons on certain terms and conditions of transfer as prescribed by the Company, in which case the Member may transfer them on such terms and conditions only.
3. Use of discount coupons may be subject to limitations depending on the item or price of goods or services. No discount coupon may be used after the expiry of its valid term.
4. If the purchased items are returned or if the purchase is cancelled, after any discount coupon is used in relation to the underlying purchase, as a general rule, a used discount coupon may be reused; provided that reuse may be impossible in certain cases prescribed by the Company’s internal rules, such as, cancellation of a purchase due to simple change of mind, etc.
Chapter 5. Management and Protection of Users
Article 17 (Management of Users)
1) withdrawal of benefits (in part or in whole) provided by the Company additionally;
2) restriction upon the use of certain services;
3) termination of a User Agreement; and
4) bringing a claim for damages.
- If the Company intends to take any action provided in the foregoing section against a Member, the Company must in advance notify the Member thereof by phone or by email, and if inevitable (such as, if it is impossible to reach such Member or in an emergency situation), the Company may notify the Member after taking the action.
- A Member may raise an objection to the action (to be) taken by the Company hereunder, if the Member has a reason for such objection.
Article 18 (Liability for Copyright Infringement)
- The Company has established and enforces a policy to protect the copyrights of copyright owners in connection with the provision of the Services, and Members must comply with the copyright policy of the Company.
- Copyright to various content posted on Pretty Bubble Dog (whether in its shopping Web, product review, Q&A or otherwise) shall vest in the Member who prepared/posted using the shopping services provided by the Company, and if any such content infringes upon copyright of any other person, the Member shall be liable therefor.
- If a Member’s copyright is infringed on Pretty Bubble Dog, the Member may protect his/her lawful right through the copyright infringement report center operated by the Company.
- The Company may without prior notice remove any content posted on Pretty Bubble Dog or take any action (such as, placing restrictions on the use of certain services, termination of a User Agreement, etc.) against the person who posted the content, in the following case, provided, however, unless the content falls under any of the following cases, the Company shall not remove the content based solely on the reason that it includes information disadvantageous, such as dissatisfaction with the purchased item:
1) if the laws and regulations of the Philipipnes are violated;
2) if an illegal product, or obscene content, of which sales are prohibited under applicable laws and regulations, is posted or advertised;
3) if any untrue or exaggerated statement for advertisement are included in the content;
4) if other’s rights, reputation, credit or other lawful interests are infringed or violated;
5) if a link inducing to a direct dealing (i.e., deviating Pretty Bubble Dog) or to another website is posted;
6) if any malignant code or data are included in the content;
7) if it is against the social or public order in the society or against good morals and traditional customs;
8) if it is found impeding smooth operation of Pretty Bubble Dog services provided by the Company;
9) if it contains content related to criminal acts; or
10) if it contains content that instigates political or economic disputes.
- Any content posted on the Pretty Bubble Dog (whether in its shopping Web, product review, Q&A or otherwise) and prepared by a Member may be reproduced, distributed, transmitted or exhibited on other websites partnering with the Company for the purposes of promotion, advertisement of any products transacted on the Pretty Bubble Dog, and may be revised or edited to the extent not changing the essential substance thereof.
Article 19 (Customer Center)
- The Company will operate the Customer Center for addressing customer concerns and resolution by mediation of a dispute between Members, or between a Member and a third party.
- If the Company determines that the complaints and comments submitted by the Members are reasonable, then the Company shall address these concerns as soon as possible, by notifying the Members of the case progress within three (3) business days, and the results of its investigation and remedies within ten (10) business days. 3. Members shall, with sincerity, respond to the mediation process through the Customer Center.
Article 20 (Prohibited Activities)
- System-related Misbehavior
1) No one may use the Services or access to the system in an unusual manner without utilizing the process and method provided by the Company for the use of Services is prohibited.
2) If any system-related misbehavior is found by the Company, the Company may cancel benefits (whether in part or in whole) additionally provided by the Company, placing restrictions on the offender’s use of certain services, terminate a User Agreement and take any other actions. If any damages arising out of the misbehavior, the Company may demand the offender to compensate for all such damages.
- Settlement-related Misbehavior
1) No one may use the shopping services provided by the Company in another’s name or with the information on another’s credit card, bank account, and the like.
2) No one may conduct unusual settlement in a manner prohibited by applicable laws (such as, the Specialized Credit Financial Business Act), e.g., lending or borrowing funds to or from another in the guide of sales of goods or provision of services. If any such misbehavior is found by the Company, the Company may terminate a User Agreement or suspend the transaction concerned and report it to the competent authority.
3) No one may conduct a purchase without any intent to actually make a purchase (e.g., where no delivery follows the purchase). If any such misbehavior is found by the Company, the Company may cancel the transactions concerned and impose sanctions depending on the circumstances.
1) No one may purchase an item by temporarily listing the item at the lowest price on another market or internet shopping mall for the purposes of forcing Pretty Bubble Dog to issue discount coupons, and then re-sell the item to a third-party buyer after the third-party buyer purchases the item with the discount applied.
2) The Company may place restrictions on Members who are confirmed to have violated the prohibition on re-selling (first violation: a warning; second violation: suspended use for a certain period; third violation: permanent suspension), and the Company may request compensation if the Members’ actions result in damages.
- Other Prohibited Activities
1) No Member may conduct any activity that causes damages or losses to the Company and interferes the fostering of fair market environment, by entering into unusual multiple transactions by utilization of discount rates, and the like, provided by the Company. If any such misbehavior is found by the Company, the Company may cancel the transactions concerned and impose sanctions (including suspension of entering into any transaction) depending on the circumstances.
2) The Company may suspend a Member’s eligibility/membership or refuse or limit the provision of services in any of the following events and may take other necessary measures to ensure compliance with laws and regulations, protect the rights of third parties, secure the safety of the website, etc.
i) Export or re-export of Pretty Bubble Dog or tools in violation of export-related laws and regulations, rules or restrictions.
ii) Commercialization of Pretty Bubble Dog or data and software related to Pretty Bubble Dog.
Chapter 6. Miscellaneous
Article 21 (Relationship between Rules to Comply and Applicable Laws and Regulations)
- Any matters not provided in the T&C shall be governed by e- Commerce Act, any other applicable laws and regulations, and general commercial practices.
- For transactions executed through the shopping service provided by the Company, e- Commerce Act and other applicable laws and regulations shall primarily apply to the parties to the transactions, and neither party may not claim release of its liabilities in reliance with the T&C.
- If necessary, the Company may set out separate terms that apply to specific services (“Individual Terms”) and post the Individual Terms on the Pretty Bubble Dog homepage or otherwise for advance notification.
- Member shall pay attention to any changes to the T&C and the Individual Terms, and when any amendment thereto is posted, Members shall review and check them.
Article 22 (Disclaimer)
- As a mail-order intermediary, the Company only provides a transaction system that is based on the Pretty Bubble Dog platform. Parties to a transaction shall be responsible in the event of any disputes arising in connection with any transaction using the Pretty Bubble Dog transaction system.
- Absent willful misconduct or gross negligence of the Company, the Company shall not be liable for any damages suffered by a Member or a third party due to temporary suspension of the Services.
- If the Company restricts or suspends the Services, the Company shall on grounds of a force majeure event be released from any liability for damages.
- The Company shall not be liable for any disruption or other interruption in the use of the Services that has arisen for a reason attributable to a Member.
- The Company shall in no event be liable for any damages whatsoever, arising from a Member’s disclosure or provision of the Member’s personal information to another.
- Transactions on Pretty Bubble Dog may not be conducted in real time. Transactions on Pretty Bubble Dog may be restricted or delayed due to issues with the wireless data service network, etc. used by the Member and the Member’s current location.
Article 23 (Jurisdiction)
Any dispute/lawsuit arising from or out of this agreement or user policy, or dispute between Members. to which the Company is a party, shall be submitted to the competent court having jurisdiction over the place where the head office of the Company is located.
Article 24 (Others)
- The Company may, if necessary, change or suspend certain Services (or part thereof) temporarily or permanently by providing advance notice on the homepage of its website.
- Neither the Company nor Members shall transfer any rights and obligations under the T&C to a third party without the express consent of the other party.
- All agreements, memoranda of understanding, notices and other instruments additionally executed between the parties and any and all notices to Members by the Company by posting on Pretty Bubble Dog pursuant to changes in the Company’s policies, enactment and amendment of laws and regulations, public announcements and guidelines of the authorities, and the like, shall constitute part of the T&C.