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Terms & Conditions
Additional Terms and Conditions
Products, Pricing, Content and Specifications
The products and services featured on the Platform (collectively, the "Products") and their contents, specifications, and prices are subject to change at any time, without need of prior notice. The prices of the Products may be different from that in SM Markets physical stores.
Currently, we are accepting cash, credit card, or debit card payments in-store under our “Click and Collect” system for items ordered through this Platform for pick-up at our designated pick-up counter in our physical stores.
Credit card payments are likewise being honored for purchases made through this Platform for pick-up at our physical stores or delivery to the delivery address you provided. Credit card payments shall be processed by the payment gateway, Paynamics.
Cash on Delivery
You may also pay cash on delivery through our 3rd party logistics courier.
The total price for items or goods, including delivery fees, processing fees, and/or other charges, will be displayed on the Platform when you place your order. For payment using credit card or debit card, you warrant that the credit card or debit card details that you provide are for your own credit and that you have sufficient funds to make the payment.
The grocery items you selected and included in your cart shall be subject to the actual availability of stocks in our physical stores. You will only be charged for the goods picked-up or delivered. The total bill shall be adjusted accordingly if goods ordered are unavailable.
Upon pick-up or delivery of goods, we will provide you the Sales Invoice from our cashier for the goods actually delivered or picked-up.
Shipping, Delivery and Store Pickup Limitations
When an order is placed on the Platform, you have the following options:
In selected stores and for a minimal delivery fee, you may opt to have the goods you purchased delivered to the delivery address you specified at checkout. The estimated delivery time you selected in the course of ordering the items or goods through this Platform is a mere approximation which may still vary depending on the availability of our third-party logistics and delivery provider and road traffic.
Products purchased for delivery are subject to the availability of the goods at the participating SM Markets’ store you selected. You will be provided an order confirmation and tracking number via email or SMS. An email or SMS status update shall be sent to you once the goods are dispatched for delivery. To receive the goods delivered, you must present the tracking number and a government-issued identification card as proof of your identity. If the delivery shall be received by another person other than the person who placed the order, the authorized representative must present a government-issued identification card as proof of his identity and a letter of authorization from the one who placed the order online.
If you fail to accept the items or goods delivered despite timely delivery by SM Markets and its third party logistics provider, or SM Markets and its third party logistics provider are unable to effect a delivery at the address you provided due to your failure to provide accurate and complete instructions and/or address, then such items or goods shall be deemed delivered to you and all risks and responsibility in relation to such items or goods shall be borne by you. Any storage, insurance, and other costs incurred as a result of an unsuccessful delivery or your refusal to accept the delivery without valid reason, shall be your responsibility and you shall indemnify SM Markets in full for such costs.
Product(s) may be picked up at your chosen participating branches of SM Markets.
Products purchased for store pickup are subject to the availability of the goods at the participating SM Markets’ store you selected. You will receive an order confirmation and tracking number via SMS or email. An email or SMS status update shall be sent to you when the item(s) are ready for pick-up. When collecting the goods, customer or agent should be able to provide to SM Markets Personnel the customer name under which the order was placed, a government-issued identification card as proof of identity, the system-generated tracking number, their selected pick-up schedule, and an authorization letter (as necessary).
Failure to Pay
If a Customer fails to make any payment using the payment method selected on the Platform or payment is cancelled for any reason whatsoever, SM Markets shall cancel the order and/or suspend delivery or deny the collection of the Products from the participating store until payment is made in full.
All returns/exchanges must be done in-store at the participating SM Markets branch from which the delivery was dispatched or picked-up. Only returns and exchanges made in accordance with the Consumer Act of the Philippines and its implementing rules and regulations shall be honored by SM Markets.
Accuracy of Information
SM Markets endeavors to provide an accurate description of the Products, but we do not warrant that such description, color, information, price or other content available on the Site are accurate, complete, reliable, current, or free from error. The weight, measurements and other descriptions provided on the Platform are approximate figures and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of the Products, including the applicable colors. However, the color you see on the Platform may differ from the actual color, depending on your mobile device, computer system, monitor, and/or other display features.
The Platform may contain typographical errors or inaccuracies and may not be complete or current. SM Markets therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. The prices and amount indicated serves only as a guide price and amount. Final prices and amount due will be reflected during payment and collection of items in the store.
Acceptance of Order
While it is our practice to confirm orders by email or SMS, your receipt of an email or SMS order confirmation does not constitute our acceptance of your offer to purchase a Product. We reserve the right, without prior notice, to limit the order quantity on any Product, to cancel any order at any time, and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Use of the Platform
In using the Platform and the services therein, you agree to:
- do so only for lawful purposes;
- ensure that all information or data you provide on the Platform at the time of placement of the order are accurate and complete and take sole responsibility for such information and data;
- be responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer.
Where fraudulent or wrongful use of an Account is detected or suspected, we reserve the right to have the sole discretion, without liability, and without prejudice to our other rights and remedies under this Agreement or at law, to immediately: cancel any outstanding orders placed through such Account(s); cancel or invalidate any outstanding credits or discount vouchers, rewards or codes awarded to or used by such Account(s); prohibit such Account(s) from participating in any promotions, contests or surveys of SM Markets; and/or merge, suspend and/or terminate such Account(s).
Right to Refuse Service
We reserve the right, at our sole discretion, to refuse service to anyone for any reason at any time.
All information and content available on the Platform, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") are our property or the property of our parents, subsidiaries, affiliates, partners or licensors, and are protected by local and international laws, including laws governing copyrights and trademarks.
Except as required under applicable law, neither the Content nor any portion of the Platform may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent. Nothing contained on the Platform grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Platform, without the written permission of SM Markets or such third party owner, as may be applicable.
From time to time, the Platform may contain third-party tools that are not owned, operated or controlled by SM Markets or our affiliates, subsidiaries or partners. All such tools are provided solely as a convenience to you and are not an endorsement by us, our parents, subsidiaries, our affiliates or our partners. Your use of the said tools will at your own risk and you should ensure you approve of the terms of the relevant third-party provider.
Third Party Links
From time to time, the Platform may contain links to websites, applications, payment gateway, or online or digital sites or services that are not owned, operated or controlled by SM Markets or our affiliates, subsidiaries or partners. All such links are provided solely as a convenience to you and are not an endorsement by us, our parents, subsidiaries, our affiliates or our partners. If you use these links, you will leave the Platform and your use of the said links will be at your own risk. Neither SM Markets, nor any of our affiliates, subsidiaries or partners are responsible for any content, materials or other information located on or accessible from any other website, application, or online or digital site or service. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Platform, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions.
Any alcohol listings on the Site are intended for and may only be purchased by those who are 18 years old and above.
Nexcess Web Hosting
This platform is hosted on Nexcess.Net, LLC . They provide us with the online e-commerce platform that allows us to sell our products and provide the Services to you. In using the platform, you consent to having your personal information, including your User Content, transferred or processed by Nexcess.Net, LLC . You also acknowledge that your purchase of and access to and use of the Platform and the Content herein may be subject to local and international laws applicable to Nexcess.Net, LLC , and it shall be your sole responsibility to ensure that you access or use the Platform and the Content only in compliance with such applicable laws.
We do not warrant that the materials on the Site are appropriate or available for use in locations outside Philippines. Accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.
LIMITATIONS OF LIABILITY.
YOU AGREE THAT NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES OR PARTNERS, OR OUR/THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS WILL BE RESPONSIBLE OR LIABLE FOR ANY (a) BUSINESS INTERRUPTION; (b) DELAY/INTERRUPTION IN ACCESS TO THE PLATFORM; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF ACCESSING THE THIRD PARTY LINKS ON THE PLATFORM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS IN CONNECTION WITH USE OF THE PLATFORM; OR (f) ANY INACCURACIES OR OMISSIONS IN THE CONTENT OF THE PLATFORM
YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF THE DEFECTIVE PRODUCTS, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN, REFUND, OR EXCHANGE FOR SUCH PRODUCTS IN ACCORDANCE WITH THE CONSUMER ACT OF THE PHILIPPINES AND ITS IMPLEMENTING RULES AND REGULATIONS
SM Markets shall not be liable for any loss or damage that result from causes over which it does not have control or is beyond its control. Such causes include, but are not limited to (i) the failure of electronic or mechanical equipment or communication lines; (ii) bugs, errors, configuration problems or the incompatibility of computer hardware or software; (iii) the failure or unavailability of Internet access; (iv) unauthorized access, theft or operator error; (v) war, insurrection, riot, civil commotion, act of God, accident, fire, water damage, explosion, power interruption, strike or other stoppage of labor; (vi) any law, decree, regulation or order of any government or government body. SM Markets shall also not be responsible for any damage to the User’s computer, software, or other property resulting in any way from the use of this Site.
Revisions to these Terms and Conditions.
You or we may suspend or terminate your account or your use of the Platform at any time, with or without reason. You are personally liable for any orders or charges that you incur prior to termination of the account. We reserve the right to change, suspend, or discontinue all or any aspect of the Platform at any time without notice.
If you have any questions or comments, we invite you to email us at email@example.com