Shop.AdamNick.com

TERMS AND CONDITIONS OF USE

Welcome to SHOP.ADAMNICK.COM, a web-based store of Ron Oliver G. Clarin, (“ROC”). ROC. through its SHOP.ADAMNICK.COM website provides these services to you subject to the following terms, conditions and provisions ("Terms and Conditions"). If you visit or shop at the SHOP.ADAMNICK.COM website, you are deemed to have understood, agreed and accepted these Terms and Conditions to be the legal equivalent of a signed written contract, and you accept and agree to be bound by these Terms and Conditions. Please read these Terms and Conditions carefully. In addition, when you use any current or future SHOP.ADAMNICK.COM service or feature or visit or purchase from any business affiliated with SHOP.ADAMNICK.COM, whether or not included in the SHOP.ADAMNICK.COM web site, you also will be subject to the guidelines and conditions applicable to such service feature or business. In these Terms and Conditions, ROC and SHOP.ADAMNICK.COM may be used alternatively.

MODIFICATIONS OF TERMS AND CONDITIONS

ROC, reserves the right to vary these Terms and Conditions at any time for any reason, and your continued use of this website and services offered in this website following any modifications will be deemed to constitute acceptance of such modifications.

These Terms and Conditions were last modified on September 15, 2010.

PRIVACY

Please review our Privacy Notice, which also governs your visit to SHOP.ADAMNICK.COMin order to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit the SHOP.ADAMNICK.COM website or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of ROC. or its content suppliers and protected by Philippine and international copyright laws. The compilation of all content on this site are the exclusive property of SHOP.ADAMNICK.COM and are protected by Philippine and international copyright laws. All software used on this site is the property of SHOP.ADAMNICK.COM or its software suppliers and are protected by Philippine and international copyright laws.

LICENSE AND SITE ACCESS

SHOP.ADAMNICK.COM grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ROC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders, crawlers or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, modified, distributed, transmitted, mirrored, broadcasted, published, transferred, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ROC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SHOP.ADAMNICK.COM and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the SHOP.ADAMNICK.COM name or trademarks without the express written consent of SHOP.ADAMNICK.COM. Any unauthorized use terminates the permission or license granted by SHOP.ADAMNICK.COM. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of SHOP.ADAMNICK.COM provided that the link does not portray ROC., SHOP.ADAMNICK.COM, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any ROC. or SHOP.ADAMNICK.COM logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password or computer or any access device. ROC . shall not be liable in cases of password/account hacking or in any cases where password or account information is disclosed to others due to the user's negligence. SHOP.ADAMNICK.COM does not sell products to children or minors. Products which may be intended for children and sold through the SHOP.ADAMNICK.COM site shall be purchased by adults, who can make purchases once their SHOP.ADAMNICK.COM account has been approved. If you are under 18 years old, you may use SHOP.ADAMNICK.COM only through a parent or guardian. SHOP.ADAMNICK.COM and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

RETURN POLICY

All sales transactions through this website are final. All products and services offered in this website are non-refundable and non-transferable. Non-physical products and services including, but not limited to, downloadable files, are non-returnable. Request for replacement of defective physical products purchased in this site must be coursed through any of our  SHOP.ADAMNICK.COM or to ROC. warehouse (please see address below) within fifteen (15) days after date of delivery. The product for replacement must be returned in its original delivery condition and packaging. ROC. or SHOP.ADAMNICK.COMshall not be liable for costs or inconvenience associated with or arising from the return of the defective product. The print out of the payment record must be presented for replacement request to be processed. (Please visit www.merkadonetwork.com  for the complete list).

Home Office Address: (For physical products only)

Ron Oliver G. Clarin

Blk98 Lot25 Beaumont St,

Metro South Subdivision

General Trias, Cavite 

Philippines

4107

Shipping Address:
Ron Oliver G. Clarin

#4 Zambales St. Brgy. St. Martin De Porres

Cubao, Quezon City

1109

CANCELLATION

Cancellation of items purchased is disallowed after payment has been confirmed by the payment gateway company.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ROC. reserves the right to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant ROC. and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ROC. and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause any damage and/or injury to any person or entity; and that you will indemnify ROC. or its affiliates for all claims resulting from the content you supply. ROC. has the right to monitor and edit or remove any activity or content. ROC. takes no responsibility and assumes no liability for any content posted by you or any third party.

ROC. shall block any user who violates any of the provisions of these Terms and Conditions pertaining to reviews, communications, and other content, among others.

COPYRIGHT COMPLAINTS

SHOP.ADAMNICK.COM and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement below.

RISK OF LOSS

Some items purchased or services availed of from SHOP.ADAMNICK.COM may be made pursuant to a shipment contract. In which case, the risk of loss and title for such items pass to you upon our delivery to the carrier.

Non-physical products and services including.  Risk of loss is passed on to the target recipient’s number or account upon crediting of airtime.

PRODUCT DESCRIPTIONS

SHOP.ADAMNICK.COM may modify any product or service at any time without notice to you and this may affect the information saved in your shopping cart. SHOP.ADAMNICK.COM and its affiliates attempt to be as accurate as possible. However, SHOP.ADAMNICK.COM does not warrant that product or service descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a physical product offered by SHOP.ADAMNICK.COM is not as described, your sole remedy is to return it in unused condition. Non-physical products and services including, however, are non-returnable.  SHOP.ADAMNICK.COM also reserves the right to limit the number of items available for purchase or the amount of orders to be placed through this website.

PRICING

With respect to products or services offered for sale by SMART SHOP, prices are posted on the website before you place an order. We do not charge you until after your order has entered our server. SHOP.ADAMNICK.COM reserves the right to change the prices of products or services offered for sale.

The List Price shall be inclusive of Value Added Tax (VAT) and other applicable Philippine taxes. SHOP.ADAMNICK.COM will issue a payment record to the customer for every paid and completed transaction.

PRODUCT REPRESENTATIONS/WARRANTIES

You agree that not all the products and services sold through SHOP.ADAMNICK.COM are the products and services of ROC. Subject to compliance with certain regulatory requirements and authorizations, you agree that any representation or warranty carried by a specific product or services is the representation or warranty of the manufacturer or service provider thereof, and in no way the representation and/or warranty of ROC. To this extent, you agree to hold ROC. and SHOP.ADAMNICK.COM free and harmless from any and all claims, liabilities, suits or damages which you or any user of a product or service sold through the SHOP.ADAMNICK.COM may suffer as a result of or on the occasion of said purchase and/or use.

NOT FOR RESALE OR EXPORT

You agree and represent that you are buying only for your own personal and individual use and not for resale or export.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY ROC. AND SHOP.ADAMNICK.COMON AN “AS IS” AND “AS AVAILABLE” BASIS. SHOP.ADAMNICK.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SHOP.ADAMNICK.COMDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

ROC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SHOP.ADAMNICK.COMARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

FORCE MAJEURE

ROC or SHOP.ADAMNICK.COM shall not be liable for any delay or failure in performance caused by force majeure, which shall include, but not limited to earthquakes, flood, typhoons, epidemics, war, rebellion, insurgency, riots, invasion of the Philippines by another country, strikes, lockouts, boycotts or any forms of work stoppage, government restriction or pending order of competent court.

APPLICABLE LAW

By visiting SHOP.ADAMNICK.COM, you agree that the laws of the Republic of the Philippines, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and SHOP.ADAMNICK.COM or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to SHOP.ADAMNICK.COM or to the products or services you purchase through SHOP.ADAMNICK.COM shall be submitted to confidential arbitration in Makati City, Metro Manila, Philippines, except that, to the extent you have in any manner violated or threatened to violate SHOP.ADAMNICK.COM s intellectual property rights, in which case, you agree that SHOP.ADAMNICK.COM may seek injunctive or other appropriate relief in any court in the Philippines, and you consent to the exclusive jurisdiction of such courts and venue in Makati City, Philippines. Arbitration under these Terms and Conditions shall be conducted under the applicable arbitration laws of the Philippines. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined, without ROC's prior written consent, to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your visit to SMART SHOP. SHOP.ADAMNICK.COM reserves the right to make changes to our site, policies, and these Terms and Conditions at any time without further notice.  Your continued use of SHOP.ADAMNICK.COM after any such changes to these Terms and Conditions constitutes acceptance of the new Terms and Conditions. If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Home Office Address: (For physical products only)

Ron Oliver G. Clarin

Blk98 Lot25 Beaumont St,

Metro South Subdivision

General Trias, Cavite 

Philippines

4107

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ROC. with the written information specified below.

Please note that this procedure is exclusively for notifying ROC. and its affiliates that your copyrighted material has been infringed.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

PAYMENT TERMS

Unless otherwise indicated, the purchase price of the products and services plus applicable taxes, if any, will be billed in full at the time of payment confirmation. Payment may be made through MasterCard, Visa, American Express and JCB Credit Cards.

Our system will automatically verify the credit card used. A pre-authentication procedure may be performed at the discretion of SHOP.ADAMNICK.COM to register the credit card used. Check out shall only be completed after a successful pre-authentication procedure. Your credit card will be charged as soon as you complete the process and confirm the payment.

Credit card used online will be charged its Philippine Peso (Php) equivalent. Currency conversion may result to differences between the amount paid and the amount that will be charged to your account by the credit card company.

ROC. does not accept cash, personal checks, COD or purchase order, unless specific arrangements have been made by ROC.

To avoid fraudulent credit card transaction and to protect the credit card owner, ROC. may require presentation of the credit card used and/or a clear photocopy of the credit card used and/or a clear photocopy of a valid photo ID of the credit card owner.

ROC. reserves the right to deny or reject sales and/or delivery of the product/s purchased under this service if ROC. has reason to believe that the said purchase was acquired using a fraudulent credit card or other reason at the sole discretion of ROC.

If the order is rejected or denied after a successful payment, ROC will initiate refund of the full amount that was charged to the credit card. Reversal of credit card charges will be reflected in the credit card bill.