TRAFFIC TERMS OF SALES
Clicking on the “Add to Cart” button in the Order Confirmation section of the Website when placing your order with us automatically, and without question, means that you have read and agreed to the stipulated Terms of Sale in this Website. If you refuse to accept the stipulations in this Website’s “Terms of Sale”, you will in no way be able to order any product/s from us (Website).
We may change these Terms of Sale at any time without prior notice, by updating this page, although changes will not apply to existing Contracts. We will post notifications regarding these changes in the applicable service. All these changes shall be effective immediately and if you do not agree to the modified terms you should discontinue using the TRAFFIC Footwear e-commerce portal.
These terms control the relationship between TRAFFIC Footwear and you. It does not create any third party beneficiary rights. If you do not comply with these terms and we don’t take action right away, does not in any way mean we will not take the needed future legal action. If it turns out that a particular term is not enforceable, this will not affect any other terms.
You may have other rights granted by law, and these Terms of Sale do not affect these except if the two are inconsistent. If this is the case then these Terms of Sale will override any other rights which you may have, unless this is not permitted by law.
All claims arising out of or relating to these terms or the Services will be litigated exclusively in the courts of the Republic of the Philippines only.
We are TRAFFIC Footwear, solely owned and operated by Mark Christian S. Chan, a company registered in the Philippines and operating under and governed by Philippine laws whose registered location is at G/F Virramall Greenhills, San Juan City, Metro Manila.
You can contact us by email at firstname.lastname@example.org or via Facebook.
The Website to which these Terms of Sale apply and for which we are responsible is www.trafficfootwear.ph
Who Can Purchase from Us
Customers over 16 years old from the Philippines who have created an account in www.trafficfootwear.ph. We ship nationwide with additional and applicable shipping fees/costs.
TRAFFIC Footwear attempts to be as accurate as possible. However, we do not warrant and/or guarantee that product descriptions or other content of any TRAFFIC Footwear service or product is accurate, complete, reliable, current, or error-free. Where products are concerned, please note that color, due to limitations in photography and the inevitable differences in monitor settings, may not correspond 100% to the items presented in the website.
By placing an order via www.traffic.com.ph, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Prices are subject to changes without prior notice. Note that you will only be able to purchase anything from www.trafficfootwear.ph once you have created an account with us. Also note that TRAFFIC Footwear retains the right to refuse any order made by you.
All products found in www.trafficfootwear.ph are subject to and governed by the Website’s Terms of Sale.
The order process is as follows:
From the product detail page, select your size and order quantity then click on ‘Add to Cart’ to add the product you wish to purchase to your shopping cart. Make sure for the interest of all parties that the product you have selected is according to your preferences: i.e. size, color and style as there is ABSOLUTELY NO RETURNS AND EXCHANGES allowed due to error arising from the misjudgement of the customer or change of mind by the customer.
If there are no remaining stocks in your size, a pop up will appear next to the Add Cart Button informing you that the style you are trying to order is OUT OF STOCK. In addition, a size guide chart is made available to you to ensure that you are able to accurately check your correct size. ( Bryan please check if applicable to us )
Note that all products that are displayed on our Website is an invitation to treat, which means they are not provided as an offer by us for you to accept. A binding legal contract will only be formed if and when we accept your order in accordance with the process set out below.
Once the item/s is added to your cart, you will be prompted to either Continue Shopping or Proceed to Check Out. If you are not logged in, you will be prompted to do so. If you do not have an account with us, you will need to create one. If you click Check Out, you will be brought to your cart. You can also view your cart by clicking My Cart in the bar at the top of the screen.
Before Check Out, a picture depicting the item/s you have chosen will be generated, together with the size and color which you have specified to confirm your selection/s and the total amount which you have to pay. Absolutely no Returns or Exchanges of merchandise is or will be allowed due to wrong size or change of color and/or style. A box will come out prior to payment which will remind you of the Terms of Sale; you will not be able to proceed to check out without acknowledging that you have read and understood these said terms prior to purchasing.
PLEASE NOTE THAT ALL ORDERS WITHIN THE PHILIPPINES WITH PAYMENT CONFIRMATION HAS A CUT OFF TIME OF 2PM LOCAL TIME (+8 GMT) IMPOSED ON WEEKDAYS, WEEKENDS AND HOLIDAYS. IF A PAID ORDER WAS MADE AFTER 2PM, IT WILL BE PROCESSED FOR DELIVERY THE FOLLOWING BUSINESS DAY.
You will then be asked to input your billing and delivery addresses. The billing address that you enter must be the address that the card statement is sent to; however you can use a different delivery address. You will have the option to input a maximum of two delivery addresses which you have an option to set as default. Once you have already registered with TRAFFIC Footwear, the system will pick up the delivery address you have set as default.
The Company will only deliver the product/s purchased from the website on the address specified above. If there are any delays due to incorrect address details as entered by the customer, the Company shall not be held liable and any charges incurred from the courier shall be billed to the customer.
You must then input your payment details. Here you will see your total amount payable plus any additional fees that may have been incurred. You can also add and edit your credit card details depending on your mode of payment. Note that by clicking on the “Add to Cart” button you consent to the Terms of Sale.
TRAFFIC accepts Visa and Master Card. In addition, TRAFFIC is also in partner with Asiapay Payment Technology Corp., a leading electronic payment service, solution and technology house in Asia, provides a comprehensive suite of latest secure, scalable, function-rich real-time payment processing capabilities. Here are the steps to follow:
1. Once you have decided on what to buy, choose a quantity and click on Asiapay as your mode of payment.
2. Once you have clicked on Asiapay, choose your preferred payment either Visa or Mastercard. An email will be sent to you containing necessary details.
3. You can then proceed with entering the amount based on how much the merchandise is with additional delivery and processing fee charges. An alphanumeric reference number will be returned to you.
4. Finally, once you have confirmed/validated the payment, you will receive a “Payment Confirmation” email.
The next step is the Confirm Order screen. Once you have completed compiling your Order, you will be asked to confirm that it is correct in the Confirm Order screen which specifies the details of your transaction. If it is not correct, you can revisit your Order and correct the mistakes before confirming and submitting your Order to us by clicking on the “add to cart” button. It is your responsibility to ensure that your Order is correct before submitting it to us.
Please note that the merchandise sold on our site is intended for personal use only and not for resale. We reserve the right to cancel orders that appear to be for resale purposes.
Once payment has been confirmed by us within 48 hours upon confirmation of order we will dispatch the Product(s) to the delivery address you specified in the billing/delivery address section. We will then give you a link for you to track your Order. This is sent out automatically by us to the email address you registered with us.
Shipping within Metro Manila is within 24 to 48 hours upon payment confirmation and with cut off time considerations. Shipment outside Metro Manila (Provinces) is 3 to 5 working days upon payment confirmation.
But please note that our official courier, LBC, has a maximum of 7 days holding period at destination.
The prices indicated on our Website at checkout include all taxes, including taxes which may be payable in respect of the Product(s) and delivery charges.
All payments must be made at the time of purchase of the Product(s). Payment for all Product(s) must be by credit card. We accept payment by credit card. If we are unable to accept your Order for any reason then we will, at our option to not debit your credit card any money paid by you in respect of that Order.
Prices are liable to change at any time, but changes will not affect Orders which we have already confirmed as described above.
For payment by card, all credit cardholders respectively may be subject to authorisation and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.
By providing the relevant information to us, you specifically authorise us to transmit or to obtain information about you from third parties from time to time, including but not limited to your name, address, telephone number, credit card details or credit reports, to authenticate your identity and delivery address for the Product(s), validate your payment card and obtain authorisations for your payments for Product(s).
Delivery and Availability
We aim to deliver Product(s) to you, to the delivery address you have requested/specified in your Order within the time set out in our Shipping Times. But we cannot give an exact delivery date. If we have not delivered the Product(s) within 48 hours from the day of payment confirmation (within Metro Manila) and after cut off time considerations for all paid orders, 3-5 working days (Outside Metro Manila) of submitting your Order or any other date that we have agreed with you then you may cancel the Order and we will refund any money paid by you. But please note that Delivery time does not include Holidays unless there is a promo specifically advertised by TRAFFIC on its Website.
Please note that LBC, our official courier, has a maximum of 7 days holding period at destination.
RISK OF LOSS; OTHER TERMS OF SALE
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to our standard terms of sale, which you may access here www.trafficfootwear.ph
Damaged or Defective Products
Subject to any specific warranties we offer in relation to particular products, or those which are implied by law, we do not offer any warranty or guarantee on our products. In connection with the circumstances in which the Product(s) are supplied by us, the warranties implied by law are that the Products comply with the descriptions provided by us, are fit for purpose and are of satisfactory quality.
You should inspect the Product(s) when you receive them for defects or damage. Please try on any footwear you have received from us. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. If you find a defect or damage and you are not happy with your purchase you must tell us as soon as possible by sending us an email at email@example.com or a private message via Facebook and we will ask you to return the Product(s) to our Customer Service Centre.
If the Product(s) are found to be damaged prior to delivery to you, or defective (through no fault of your own wearing or use), we will repair or replace the Product(s) or refund the price paid by you, including any delivery charges you paid either when ordering the Product (if you are being given a refund) or returning the item to us, provided that you have not worn or used and damaged the Product(s). If you would prefer repair or replacement of the Product(s) please contact us and we will replace the item at no extra charge to you where this is reasonably practicable.
If the Product(s) are found to have been damaged after delivery to you, we will contact you to let you know and discuss this with you. It is your responsibility to arrange collection of any unauthorised returns from our premises, for example Products which have been returned because they were defective but which are subsequently found not to be defective; accordingly we reserve the right to return these Products to you at your cost. We will be unable to refund any delivery charges you paid either when ordering the Product or returning the item to us.
These Terms of Sale do not exclude our liability (if any) to you for:
– personal injury or death resulting from our negligence;
– Any matter which it would be illegal for us to exclude or to attempt to exclude our liability
Subject to paragraph above, we are only liable to you for losses which you suffer as a result of a breach of these Terms of Sale by us. Our liability for losses you suffer as a result of us breaching these Terms of Sale is strictly limited to no more than 125% of the purchase price of the Product you purchased and this cap includes any losses which are a foreseeable consequence of us breaching these Terms of Sale. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.
Subject to paragraph above, we are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
– loss of income or revenue
– loss of business
– loss of profits or contracts; or
– loss of anticipated savings
provided that this shall not prevent claims for loss of or damage to your tangible property in accordance with your statutory rights or any other claims for direct financial loss that are not excluded by any of the above categories of loss of this paragraph.
Subject to paragraph above, we are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
RETURN and exchange POLICY
Note that we will only allow exchange of an item if we shipped the wrong item or if the item is damaged upon receipt of order. ABSOLUTELY NO EXCHANGE IS ALLOWED FOR THE FOLLOWING REASONS:
-Customer’s change of mind
-Wrong size as chosen by the customer
-Customer wants a different color
If the merchandise is found to be defective or wrong due entirely to our fault, please refer to the following conditions to which the merchandise must be returned:
Merchandise must be returned within:
– 7 days for orders within the Philippines
Merchandise must not be worn, altered, or washed.
Merchandise must have all tags attached.
Footwear must include the original shoe box in its original condition, without postal labels. Shoe box fees are charged when footwear is returned in a damaged shoe box, or without the original shoe box.
Please Note: Shipping and handling charges are not refundable.
Sale items may not be returned.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, A COPY OF WHICH YOU MAY ACCESS HERE http://www.trafficfootwear.ph (and on the web pages to which that webpage links), THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE http://www.trafficfootwear.ph (and on the web pages to which that webpage links). TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
Other Information You Need to Know
We may not necessarily keep a copy of these Terms of Sale and your Order. We advise you to print a copy of them for your information in the future.
The Contract and all communications between us will be conducted in the English language.
These Terms of Sale constitute the entire agreement between us as to your purchase of the Product(s) and shall supersede any prior agreement or representation.
We will take all reasonable care to ensure that all details, images and descriptions of Products are correct at the time that the information is first put onto our Website. However we cannot guarantee the accuracy of images portrayed on this Website. Colours of actual Products may differ from those in images and this is a product of our photographic process.