PRODUCTS, PRICING, CONTENT, AND SPECIFICATIONS
The products and services featured on the Platform (collectively, the “Products”) and their description, contents, specifications, and prices, including other applicable costs or additional fees, are subject to change at any time without prior notice. The prices of the Products may vary from those sold in physical stores.
SM Malls Online endeavors to provide an accurate description of the Products, but in no way whatsoever does it warrant that the Products’ posted description, color, information, quantity, or any other content available in the Platform be accurate, complete, reliable, current, or otherwise free from error. The weight, measurements, and all the other descriptions provided in the Platform are mere approximate figures provided only for convenience. The Products’ color displayed in the Platform may vary from its actual color, as such variation may be caused by differing mobile devices, computer systems, display outputs, or display settings.
PLACING AN ORDER
To access and use the Platform, the user is required to download the SM Malls Online application and thereafter register/set-up an account therein. During account registration/set-up, the user shall be required to provide his/her name, delivery address, electronic mail address, mobile number, and a unique password (the “User Details”). To ensure order fulfillment, the user is required and hereby warrants validity, accuracy, and completeness of the “User Details”. Failure to provide valid, accurate, and complete order details may result in late delivery or cancelation of the order.
The order shall be placed upon the completion of the “Order Form” and by clicking on the “Confirm and Pay” button. SM Malls Online reserves the right to reject all the orders placed in any other manner. The user hereby warrants the completeness and accuracy of the information he/she provided for the order he/she placed. In this regard, SM Malls Online shall not be held liable for any issue or concern arising from or in connection with incomplete, inaccurate, or incorrect information or details supplied by the user.
After the order is placed or at any time before its fulfillment, the participating/corresponding merchant (the “Merchant”) or delivery partner may contact the user to confirm his/her order details.
If the order is modified or altered in any way after its placement, SM Malls Online reserves the right to accordingly adjust the amounts payable and/or the delivery schedule, or otherwise cancel the order.
The Merchant bears the sole and complete responsibility of ensuring the Products’ proper preparation and packaging for shipment. The Merchant further warrants the proper quality and quantity of the goods delivered to the user, in accordance with the Order Form. The price of the items payable by the user shall be the listed price at the time at which the order was placed. Merchant shall provide the most current and accurate pricing information on the Platform to the user. In the event, however, that pricing errors occur or are displayed within the Platform, SM Malls Online, and the Merchant reserve the right to refuse or cancel any such orders for such mispriced Products — such right to refuse or cancel an order shall remain notwithstanding any order confirmation or actual charging of the user’s credit card/bank account.
Should any order be canceled in this regard, the Merchant may either provide the user instructions to implement replacement Products or issue a notice of cancellation.
RESTRICTIONS, LIMITATIONS OR CONDITIONS OF PURCHASE
SM Malls Online reserves the right to limit the quantities sold in the Platform, to cancel any order at any time, and to refuse service to any user for whatever reason. SM Malls Online shall send an email notification to the user regarding any order cancellation or change in status. As a security measure, the user may be asked to provide verified information (e.g., government-issued IDs and documents) prior to the acceptance, processing, or delivery of any order. Upon delivery, the user may also be asked to present the credit cards used in the transaction, to be subjected to the delivery rider’s visual confirmation. The user confirms that he/she is of the appropriate age to purchase items that are subject to age restrictions relating to the purchase thereof. The user agrees that SM Malls Online, Tenant, and/or delivery riders may process the user’s personal information for the placement, processing, and/or delivery of the order, and to otherwise establish and verify the identity and age of the user. The user confirms and agrees that he/she will not impersonate or misrepresent a person or entity and that you will not attempt to gain any unauthorized access to the SM Malls Online system. If after verification, it is discovered that the order is contrary to any law, rule, or regulation, SM Malls Online, Merchant, or delivery riders may cancel/refuse the placement, processing, or delivery of such order.
PAYMENT AND VOUCHERS
All prices indicated in the Platform are in Philippine Peso. When an order is placed on the Platform, the user shall have the following payment options:
- Pre-payment (via Credit or Debit Card) which shall include major credit and debit card providers, such as Visa, Mastercard, JCB, and American Express. When paying using a credit or debit card, the user shall be redirected to an external website owned and operated by an independent payment gateway service provider, which shall collect and process the user’s financial information pursuant to its own terms and own policies.
- Cash on Delivery (COD). When paying with cash upon delivery, a third-party logistics service provider (3PL) owned and operated by an independent company, shall collect your payment pursuant to its own terms and own policies.
Should the user fail to make any payment pursuant to the selected payment method or if the payment is canceled for any reason whatsoever, SM Malls Online shall cancel the order and suspend the delivery of the Products until payment is made in full.
At any given time, promo vouchers may be made available for use within the Platform. By using a promo voucher, the user understands and agrees to be bound by its terms and conditions. The creation or use of duplicate, dummy, associated, or other fraudulent accounts (hereafter, “Fraudulent Accounts”) to avail and use multiple vouchers are strictly prohibited. SM Malls Online reserves the right to cancel any order placement, processing, and delivery made through Fraudulent Accounts; it further reserves the right to terminate all such Fraudulent Accounts. Should the user place multiple orders using multiple single-use promo vouchers through suspicious user accounts, only the first order placed during the promo voucher period shall be processed; and all succeeding orders made through Fraudulent Accounts shall be canceled.
SHIPPING, DELIVERY, AND STORE PICKUP LIMITATIONS
When an order is placed on the Platform, the user shall have the following delivery options:
- Delivery — Products shall be delivered to the shipping address supplied by the user, provided that such shipping address is compliant with our service provider’s terms and conditions, and shipping restrictions. If the user is not personally available to receive the order, he/she must execute an authorization letter with an appended copy of his/her valid ID to an authorized representative to be presented to the delivery rider. You have options to either select the Same Day Delivery or Standard Delivery:
1.1. Same Day Delivery
1.1.1. Orders placed the same day until 5pm will be prepared by the Tenant, and delivered on the date the order is created
1.2. Standard Delivery
1.2.1. Orders placed will be delivered within five days from order creation
1.2.2. Orders placed after 5pm will be considered as the following day’s order
2. In-Store Pickup — Products purchased through the Platform, which are for store pick-up (also known as “Pickup”), are subject to SM Malls Online’s Pickup Guidelines and Restrictions as follows:
2.1. When the Product is ready for pick-up, the user shall receive an email and/or SMS containing notice that the product is available for pick-up at the user-chosen Pickup store branch. Ordered Products may only be picked up at the Pickup store branch chosen during the checkout process.
2.2. If the Products stored for a pick-up are different from those purchased through the Platform, the user may return such Products to any of the Customer Service counters of any store branches for proper checking and processing in accordance with SM Malls Online’s Return and Exchange Policy.
2.3. The user may not change the Pickup store branch once the order has been processed.
2.4. The user shall have seventy-two (72) hours for General Merchandise and twenty-four (24) hours for Food and Beverage items from order creation thereof to pick-up the Product purchased through the Platform. After the lapse of the foregoing applicable periods without pick-up being effected, the order shall be deemed automatically canceled, and SM Malls Online shall not be under any obligation to ensure the availability of such Products at the designated branch. SM Malls Online may refund any payment made, in accordance with its Return and Exchange Policy.
Food orders due for delivery or in-store pick-up may not be refunded once such orders have been tagged “Acknowledged” in the Platform. Reasonable delays in delivery may be expected to occur during occasions of force majeure. SM Malls Online reserves the right to not process refunds in relation to express delivery and in-store pick up for food orders in cases where the preparation for the food items ordered has already commenced.
The user hereby confirms and agrees that the placement of orders, either deliberately or through accident or mistake, which are marked as “Acknowledged” by the Merchant is considered processed and irrevocable. To avoid such a mistake, the user is advised to review the list of orders in the application’s “Orders” tab.
The user hereby confirms and agrees to be bound to the third-party logistics service provider’s terms and conditions.
OTHER SM SUBSIDIARIES
Upon the use of SM Malls Online, you will enter into an agreement with other SM subsidiaries, including but not limited to, Shop SM (SM Fulfilled), SM Cinema, and SM Markets who display or offer goods/services through SM Malls Online application. The communication and agreement are strictly between you and the SM subsidiary. Payment for transaction/s for availing goods or services will be directed to the selected SM subsidiary. SM Malls Online shall have no liability or obligation for the communication and agreement between you and the SM subsidiary.
Based on your preferred transactions, you may be directed to other SM subsidiaries’ websites.
These websites are not under SM Malls Online’s control and are not liable for any errors, delays, or inaccuracies found on the website.
Should the user discover any issue or concern with the order he/she received (e.g. damaged, incomplete, or wrong item), he/she may contact customer support via electronic mail or application chat within seventy-two (72) hours for General Merchandise, or within three (3) hours for Food and Beverage, from his/her receipt of the order. To verify the issue or concern, SM Malls Online shall require the user to submit a copy of the order’s printed receipt, a screenshot of SM Online App basket, photos of the order’s condition upon receipt, and any other substantial evidence or information that may properly establish the claim. SM Malls Online and/or the Merchants shall consider these submissions in determining the proper resolution of the claim. If the user fails to raise any issue or concern with respect to the items received within the foregoing applicable periods, the order delivered shall be deemed to (a) have been timely delivered, in proper quality and in the correct quantity, and (b) fully compliant with all the applicable warranties under law.
The user may cancel his/her order at any time prior to the Merchant’s acknowledgment thereof.
Should the user cancel his/her order after the Merchant has expressed its acknowledgment thereof, such cancellation shall not be eligible for any refund and all payments made in consideration of the canceled order are deemed forfeited.
Order placement and processing may likewise be canceled if the Products ordered are no longer available. Every order placement/creation for the goods and/or services of a Tenant should first be canceled or completed before you are allowed to proceed with an order placement/creation for the goods and/or services of another Tenant.
During order fulfillment, delivery riders may contact the user using the user-provided contact details. Should the user fail to respond to such calls or messages, or is otherwise beyond reach within ten (10) minutes upon the rider’s arrival at the delivery address, or should the user or his/her representative fail to receive the order within ten (10) minutes of the rider’s arrival at the delivery address, SM Malls Online reserves the right to cancel the order and process a refund according to its refund policy.
Before processing delivery, all orders are validated by SM Malls Online. Orders with any of the following attendant circumstances are flagged as suspicious:
- Multiple orders placed using multiple accounts created and controlled by a single user;
- Repeated use of single-use vouchers by different users with the same user information;
- Using vouchers in violation of the such voucher’s terms, conditions, and mechanics.
Once an order is flagged suspicious, SM Malls Online reserves the right to cancel suspicious orders without prior notice. Should the user place multiple orders using multiple single-use promo vouchers by creating multiple SM Malls Online accounts, only the first order placed shall be processed, and all succeeding orders made through fraudulent accounts shall be canceled. SM Malls Online reserves the right to terminate all of the user’s associated and fraudulent accounts.
TERMINATION OF ACCOUNT AND PLATFORM SERVICES
SM Malls Online reserves the right to suspend or terminate an account or use of the Platform at any time and for any reason. Should an account be suspended or terminated for whatever reason, the user shall still be liable to pay for all unsettled orders, charges, and payables he/she has placed or incurred before such account suspension or termination.
SM Malls Online further reserves the right to change, suspend, or discontinue any or all aspects of the Platform at any time, without prior notice.
ACCURACY OF INFORMATION
The Platform may contain typographical errors or inaccuracies and may not be complete nor current. SM Malls Online, therefore, reserves the right to correct any and all errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Such errors, inaccuracies, or omissions may relate to pricing, availability, or any other descriptions, and accordingly, SM Malls Online hereby reserves the right to cancel or refuse to accept any order placed attended with incorrect information.
All information and content available in 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 SM Malls Online’s property or the property of its parents, subsidiaries, affiliates, partners, or licensors, and are protected by 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 SM Mall Online’s express, prior written consent. Nothing contained in the Platform grants nor 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 SM Mall Online’s written permission or such third-party owner, as may be applicable.
THIRD PARTY LINKS
From time to time, the Platform may contain links to external websites, applications, or online or digital sites or services that are not owned, operated or controlled by SM Mall Online, its affiliates, subsidiaries, or partners. All such links are provided solely for the user’s convenience and are not an endorsement by SM Malls Online, its parents, subsidiaries, affiliates, or partners. Should the user use these links, he/she will leave the Platform and such use of the said links will be at the user’s own risk. Neither SM Mall Online, nor any of its affiliates, subsidiaries, or partners are responsible for any content, materials, or any other information located on or accessible from any other website, application, or online or digital site or service. SM Malls Online is in no way responsible for examining or evaluating, and it does not warrant the offerings of, off-website pages or any other websites linked to or from the Platform, nor does it 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.
LIMITATIONS AND LIABILITY
The user agrees that neither SM Malls Online nor its parents, subsidiaries, affiliates, or partners, or its/their respective directors, officers, shareholders, employees, and agents will be responsible or liable for any ordinary, direct, consequential, incidental, special, punitive, or exemplary damages or any other losses or liabilities arising out of (a) the use or inability to use the platform; (b) any decision made, action or inaction taken by any party in reliance upon the contents of the platform; (c) business interruption; (d) delay/interruption in access to the platform; (e) data non-delivery, mis delivery, corruption, destruction, or other modification; (f) loss or damages of any sort incurred as a result of accessing the third party links on the platform; (g) computer viruses, system failures or malfunctions in connection with the use of the platform; or (h) any delays, inaccuracies, or errors inor omissions in the content of the platform.
The user agrees that his/her sole remedy, if any, is from the manufacturer or supplier of the Products, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return or refund for such products in accordance with SM Mall Online’s Return and Exchange Policy.
The user agrees that SM Malls Online, its parents, subsidiaries, affiliates or partners, and their respective directors, officers, shareholders, employees, and agents are not liable for any and all liabilities, obligations, or claims of any kind or character arising out of or in relation to the following:
A. Application downtime/inaccessibility, such as but not limited to: connection failure, server error, transmission delay, computer viruses, and malicious and corrupting code, leading to the inability to use the service/s offered by the Platform;
B. All kinds of information made available by any party through the Platform; and
C. Use and/or access to other websites or webpage where the Platform appears or is linked, with or without advice from our agents and employees. The user agrees to hold SM Malls Online, its parents, subsidiaries, affiliates and partners, and their respective directors, officers, shareholders, employees, and agents free and harmless from and against any losses, claims, damages, liabilities, expenses, and/or costs of litigation, resulting from or arising out of your access, use, and availment of the SM Malls Online Application and/or Platform and the services therein. The user further agrees to indemnify SM Malls Online, its parents, subsidiaries, affiliates and partners, and their respective directors, officers, shareholders, employees and agents for any losses, claims, damages, liabilities, expenses, and/or costs of litigation, resulting from or arising out of the user’s access, use, and availment of the SM Malls Online Application and/or Platform and the services therein.
SM Malls Online reserves the right to immediately terminate the user’s access to the Platform without prior notice and for whatsoever reason.