1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms & Conditions of Sale.
2. Purchase of Products
2.1 Your compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform, as well as any amendments to the aforementioned, issued by (whether as part of use of the Platform or in relation to the purchase of Products, on behalf of Gigahertz), from time to time. Gigahertz reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
2.2 Product description: While Gigahertz endeavors to provide an accurate description of the Products, neither Gigahertz nor Gigahertz warrants that such description is accurate, current or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which you have ordered, Clause 6 of these Terms & Conditions of Sale shall apply.
2.3 Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the “Submit Order button. Gigahertz will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.
2.4 All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Gigahertz shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 8, you may request to cancel or amend the Order which Gigahertz will endeavor to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Gigahertz is not obliged to give effect to any request to cancel or amend any Order. The details regarding the cancellation process and policy of Gigahertz can be accessed Here.
2.5 Gigahertz’s reservation of rights in respect of Orders: All Orders shall be subject to Gigahertz’s acceptance in its sole discretion and each Order accepted by Gigahertz (such accepted Order to be referred to as a “Customer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from Gigahertz confirming your Order, Gigahertz shall not be party to any legally binding agreements or promises made between Gigahertz and you for the sale or other dealings with the Product(s) and accordingly Gigahertz shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Gigahertz reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion. Please note that there are cases when an order cannot be processed for various reasons. Gigahertz reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
2.6 Termination by Gigahertz in the event of pricing error: Gigahertz reserves the right to terminate the Customer Contract, in the event that a Product has been mispriced on the Platform, in which event Gigahertz shall, on behalf of Gigahertz, notify you of such cancellation. . Gigahertz or Gigahertz shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you. Upon termination of the Customer Contract under this clause, the Gigahertz shall refund the payment charged to you for the Product, subject to the process and timelines of payment providers and/or payment partners, as provided under clause 5.6.2 below.
2.7 Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by Gigahertz via the Platform, under the “Specifications” tab in the field “Product Warranty” for the relevant Product, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, Gigahertz excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied.
2.8 Customer’s acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Gigahertz which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either Gigahertz or Gigahertz. You also acknowledge and agree that to the extent allowed under Philippine law, the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale and Customer Contracts allocate risks between the parties and permit Gigahertz to provide the Products at lower fees or prices than Gigahertz otherwise could and you agree that such exclusions on liability are reasonable.
2.9 No representations or warranties: Without prejudice to the generality of the foregoing Clause 2.9 and to the extent allowed under Philippine law:
2.9.1 no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Gigahertz;
2.9.2 any actions arising from the breach of any warranty or representation, or any right to damages, whether express or implied, shall be extinguished if an action is not brought against Gigahertz within six months from the date of delivery, or from the scheduled delivery of the Product.
2.9.3Gigahertz shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, intangible losses, and any other type of damages caused by any breach of a Third Party Vendor’s implied or express warranty on the Products;
2.9.4 for products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labelling requirements;
2.9.5 Gigahertz is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Gigahertz’s prior written approval and the Customer shall indemnify Gigahertz against all Losses arising out of such claims;
2.9.6 Gigahertz shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment; and
2.9.7 To the extent allowed under Philippine law, Gigahertz shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any.
2.10 Intellectual Property:
2.10.1 Unless the prior written consent of Gigahertz has been obtained, the Customer shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products.
2.10.2 Where software applications, drivers or other computer programs and/or all other design details, technical handbooks or manuals, drawing or other data (all collectively referred to as “Product Materials”) are supplied to the Customer by Gigahertz in connection with the Order, the use and retention of the Product Materials are subject to the terms and conditions of license or use (such as end-user licenses, restrictions or conditions of use) as may be prescribed by Gigahertz or its licensors and must not be used other than strictly in accordance with such terms and conditions.
2.10.3 The Customer agrees and acknowledges that the Product Materials shall remain the property of Gigahertz or its licensors. The Customer further agrees that any and all Intellectual Property embodied in or relating to the Product Materials shall remain the sole and exclusive property of Gigahertz or its licensors. Unless otherwise expressly provided in the Order or the prior written consent of Gigahertz has been obtained, the Customer undertakes to return the Product Materials and/or any copies thereof upon Gigahertz’s request.
3. Delivery of Products
3.1 Address: Delivery of the Products shall be made to the address you specify in your Order either by Gigahertz.
3.2 Shipping & packing charges: Shipping and packing charges shall be as set out in the Order.
3.3 Tracking: You may track the status of the delivery at the “Order Tracking” page of the Platform.
3.4 Delivery timeframe: You acknowledge that delivery of the Products is subject to availability of the Products. Gigahertz will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed Gigahertz will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available to Gigahertz. The time for delivery shall not be of the essence, and Gigahertz (nor any of its agents) shall not be liable for any delay in delivery whatsoever caused.
3.5 Deemed receipt: In the event you do not receive the Product by the projected delivery date and provided that you inform Gigahertz within 3 days immediately from such projected delivery date, Gigahertz will try, to the best of Gigahertz’s ability, to locate and deliver the Product. If Gigahertz does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the Product subject to your rights under Philippine law.
3.6 Customer’s failure to take delivery: If the Customer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of Gigahertz’s fault) then without prejudice to any other right or remedy available to Gigahertz, Gigahertz may terminate the Customer Contract.
4. Prices of Products
4.1 Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to Gigahertz (through the Platform). Gigahertz is determined to provide the most accurate pricing information on the platform to its customers. However, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, Gigahertz reserves the right to refuse or cancel any order. In the event that an item is mispriced, Gigahertz may, at its own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Gigahertz shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
4.2 Taxes: All Listing Prices are subject to taxes, unless otherwise stated. Gigahertz reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
5.1 General: You may pay for the Product using any of the payment methods prescribed by Gigahertz from time to time. When you place an Order, actual payment will be only charged upon Gigahertz’s acceptance of your Order and formation of a Customer Contract. All payments shall be made to Gigahertz, either accepting payment in its own.
5.2 Additional terms: The payment methods may be subject to additional terms as prescribed by Gigahertz from time to time.
5.3 Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Gigahertz or any of its agents ,for any failure, disruption or error in connection with your chosen payment method. Gigahertz reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
5.4 Invoicing: Gigahertz may invoice you upon the due date of any payment under a Customer Contract.
5.5 Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Gigahertz, Gigahertz shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.
5.6 Refund of Payment:
5.6.1 All refunds shall be made via the original payment mechanism and to the person who made the original payment, except for Cash on Delivery, where refunds may be made via bank transfer or store credit into the individual’s bank account provided that complete and accurate bank account details are provided to us.
5.6.2 We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
5.6.3 All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us.
5.6.4 All refunds are conditional upon our acceptance of a valid return of the Product
5.6.5 We reserve the right to modify the mechanism of processing refunds at any time without notice.
5.6.6 The guidelines regarding the refunds process of Gigahertz can be accessed Here.
6.1 Return Policy: All returns must be done in accordance with the instructions set out in the Return Policy Here. Gigahertz is not obliged to agree to any return unless all such instructions are followed to Gigahertz’s and Gigahertz’s satisfaction. Should Gigahertz agree to the return, Gigahertz will deliver the replacement Product to your specified address.
6.2 Permitted returns: Subject to Clause 6.1, within 14 days and/or 7 days, depending on the product, from the date of delivery of the Product, you may return a Product when you:
6.2.1 receive a product that is fundamentally different in nature from the Product specified in the Customer Contract;
6.2.2 receive a faulty or damaged Product;
6.2.3 receive a product that is not as advertised on the platform;
6.2.4 wrong item is delivered;
6.2.5 receive a product that has missing parts/items; or
6.2.6 receive a product that does not fit (for fashion items).
6.3 Repair, replacement or price reduction: As an alternative to returning faulty or damaged Products under Clause 6.2, a Customer may request for a repair or replacement of such Products. Such request shall be irrevocable upon notification of the request to Gigahertz and the Customer may not later elect for a return under Clause 6.2. Where the Products have not been repaired or replaced within a reasonable time, Gigahertz may, at its sole discretion, grant to the Customer a reduction of the price in proportion to the reduced value of the Products, provided that under no circumstance shall such reduction exceed 15 per cent. (15%) of the price of the affected Products. Upon repair, replacement or price reduction being made as aforesaid, the Customer shall have no further claim against Gigahertz.
6.4 Replacement Products: When Gigahertz has provided replacement Products or given the Customer a refund, the non-conforming Products or parts thereof shall become Gigahertz’s property and upon request such Products or parts thereof should be shipped back to Gigahertz.
6.5 Risk of damage or loss: Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery, or if the Customer wrongfully fails to take delivery of the Products, the time when Gigahertz (via Gigahertz or Gigahertz’s agents) has tendered delivery of the Products.
6.6 In cases where the customer refuses to take possession of the product without sufficient cause or justification, or returns the item without sufficient cause or justification, as provided under Clause 6, Gigahertz will safely keep the item for a period of fifteen (15) days, reckoned from the date Gigahertz receives the product from customer. After the lapse of such period, the product or item is deemed abandoned by customer, and Gigahertz may dispose of the product or item. Notwithstanding the foregoing, Gigahertz will use its best efforts to return the product to the Customer within the time frame provided.
7. Questions and complaints
If you have any questions or complaints, please contact us using the “Contact Us” page on the Platform.
8.1 Cancellation by you: You may cancel the Customer Contract before Gigahertz dispatches the Products under such Customer Contract by written notice to Gigahertz at ”Contact Us” page on the Platform, subject to Clause 2.5. If the Products have already been dispatched, you may not cancel the Customer Contract but may only return the Products in accordance with Clause 6.
8.2 Cancellation by Gigahertz: Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale, Gigahertz, or acting on Gigahertz’s behalf, may stop any Products in transit, suspend further deliveries to the Customer and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:
8.2.1 the Products under the Customer Contract being unavailable for any reason;
8.2.2 the Customer being in breach of an obligation under the Customer Contract;
8.2.3 the Customer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer’s winding up or dissolution;
8.2.4 the making of an administration order in relation to the Customer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Customer’s assets; or
8.2.4 the Customer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.