TERMS AND CONDITIONS OF SALE

Welcome to BALIKBAYAN STORE.

CMG TRADING & TECHNOLOGY FZE LLC and its affiliates (collectively referred to as "BALIKBAYAN STORE") provide a website, products, services, mobile applications, and software. "BALIKBAYAN STORE Services" refers collectively to all of the website, products, services, mobile applications, and software provided by BALIKBAYAN STORE. An "Affiliate" is defined as any entity that controls, is controlled by, or is under common control with BALIKBAYAN STORE. There is a Privacy Notice that details how BALIKBAYAN STORE collects and processes personal information through the BALIKBAYAN STORE Services. BALIKBAYAN STORE provides the BALIKBAYAN STORE Services and sells products subject to certain conditions set out elsewhere."BALIKBAYAN STORE" is stated to be the trading name for the business.

Terms and Conditions of Use

Please carefully review the following conditions before using the services provided by BALIKBAYAN STORE. By using BALIKBAYAN STORE Services, you acknowledge your acceptance of these conditions. We offer a wide range of BALIKBAYAN STORE Services, and in some cases, additional terms may apply. When you use a BALIKBAYAN STORE Service (such as Your Profile, Gift Cards, or BALIKBAYAN STORE applications for mobile devices), you will also be subject to the specific terms, guidelines, and conditions of that particular BALIKBAYAN STORE Service ("Service Terms"). In case of any inconsistency between these Conditions of Use and the Service Terms, the Service Terms will prevail.

1. ELECTRONIC COMMUNICATIONS

When utilizing any of the services provided by BALIKBAYAN STORE or when sending emails to us, you are engaging in electronic communication. We will also communicate with you electronically through various means, including email, text messages, in-app push notifications, or by posting messages or communications on the Website or through other BALIKBAYAN STORE services, such as our Message Center. For the purpose of contractual agreements, you hereby acknowledge that all agreements, notices, disclosures, and other communications provided to you electronically fulfill any legal requirement for written communication, unless mandatory applicable laws specifically dictate otherwise.

2. RECOMMENDATIONS AND PERSONALIZATION

As part of the services provided by BALIKBAYAN STORE, we will offer recommendations on features, products, and services that may be of interest to you. Additionally, we will identify your preferences and personalize your overall experience.

3. COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS

All content provided by or accessible through any BALIKBAYAN STORE Service, including text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the intellectual property of BALIKBAYAN STORE or its content suppliers. It is protected by local and international copyright, authors' rights, and database right laws. The compilation of all content available through any BALIKBAYAN STORE Service is the exclusive property of BALIKBAYAN STORE and is protected by local and international copyright and database right laws.

You are not permitted to extract or reuse any part of the content from any BALIKBAYAN STORE Service without our explicit written consent. Specifically, you are prohibited from using any data mining, robots, or similar tools for gathering and extracting (whether once or multiple times) substantial portions of the content from any BALIKBAYAN STORE Service without our explicit written consent.

Additionally, you are not allowed to create or publish your own database that includes significant portions of any BALIKBAYAN STORE Service (such as our prices and product listings) without our explicit written consent.

4. TRADEMARKS

Please click on the provided link to access an extensive list of trademarks associated with BALIKBAYAN STORE. Additionally, the graphics, logos, page headers, button icons, scripts, and service names found within any BALIKBAYAN STORE Service are considered trademarks or trade dress of BALIKBAYAN STORE. It is important to note that these trademarks and trade dress should not be used in connection with any product or service that is not affiliated with BALIKBAYAN STORE, as it may cause confusion among customers or discredit the company. Any other trademarks appearing in any BALIKBAYAN STORE Service that are not owned by BALIKBAYAN STORE are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BALIKBAYAN STORE.

5. LICENCE AND ACCESS

Subject to your compliance with these Conditions of Use and applicable Service Terms, as well as your payment of any applicable fees, BALIKBAYAN STORE or its content providers hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and utilize the BALIKBAYAN STORE Services for personal and non-commercial purposes. It is important to note that this license does not include the right to engage in any resale or commercial use of the BALIKBAYAN STORE Service or its contents. Additionally, you are prohibited from collecting and using any product listings, descriptions, or prices for any purpose other than personal use. Any unauthorized derivative use of the BALIKBAYAN STORE Service or its contents, as well as the downloading or copying of account information for the benefit of another merchant, is strictly prohibited. Furthermore, the use of data mining, robots, or similar data gathering and extraction tools is not permitted.

Please refrain from misusing the services provided by BALIKBAYAN STORE. You are only allowed to use the BALIKBAYAN STORE services in accordance with the law. Failure to comply with these Conditions of Use or any Service Terms will result in the termination of the licenses granted by BALIKBAYAN STORE.

6. YOUR ACCOUNT

To utilize specific services offered by BALIKBAYAN STORE, it is necessary to have your own BALIKBAYAN STORE account. You will be required to log into your account and have a valid payment method linked to it. In the event that there is an issue with charging your chosen payment method, we reserve the right to charge any other valid payment method associated with your account. Click here to manage your payment options.

When using any BALIKBAYAN STORE Service, it is your responsibility to maintain the confidentiality of your account and password. You should also restrict access to your account. In accordance with applicable law, you agree to accept responsibility for all activities that occur under your account or password. It is important to take necessary measures to keep your password confidential and secure. If you suspect that your password has been compromised or is being used without authorization, please notify us immediately. It is your responsibility to ensure that the information you provide us is accurate and complete. Please inform us of any changes to the information you have provided. You can access your information in the Your Account section of the Website.

You are prohibited from utilizing any BALIKBAYAN STORE Service in a manner that may disrupt, harm, or hinder the functionality of the service, or engage in fraudulent activities, criminal offenses, or unlawful behavior, or cause annoyance, inconvenience, or distress. We retain the right to decline service, terminate accounts, or modify or delete content if you violate applicable laws, these Conditions of Use, or any other relevant terms, guidelines, or policies.

7. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

You are allowed to post reviews, comments, and other content on our platform. You can also send e-cards and other communications, as well as submit suggestions, ideas, comments, questions, or other information. However, please ensure that the content you share is legal, respectful, and does not violate any intellectual property rights or harm any third parties. Additionally, please refrain from including software viruses, engaging in political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. It is important to provide accurate information and not mislead others regarding the origin of any content. We have the right to remove or modify any content that violates these guidelines. If you believe that any content on our platform contains defamatory statements or infringes upon your intellectual property rights, please notify us by completing the appropriate notice form, and we will address the issue accordingly.

By posting customer reviews, comments, customer questions or answers, or any other content generated by you for display on the Website (including images, videos, or audio), you are granting BALIKBAYAN STORE a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, create derivative works from, distribute, make available, translate, and modify such content worldwide in any media. Additionally, you are granting BALIKBAYAN STORE and its sublicensees the right to use the name that you submit in connection with such content.

You hereby declare and guarantee that you possess or otherwise have control over all the rights to the content you publish. Furthermore, you affirm that the content is accurate and its use does not violate any applicable policies or guidelines, nor does it cause harm to any individual or entity (including the absence of defamatory material). You agree to indemnify BALIKBAYAN STORE against any claims made by a third party in relation to the content and materials you provide, except in cases where our failure to promptly remove the content upon notification of its illegal nature is the cause of liability.

BALIKBAYAN STORE reserves the right, though not the obligation, to monitor, edit, or remove any activity or content. BALIKBAYAN STORE assumes no responsibility and accepts no liability for any content posted by you or any third party.

8. INTELLECTUAL PROPERTY CLAIMS

BALIKBAYAN STORE acknowledges and upholds the importance of intellectual property rights. If you have reason to believe that your intellectual property rights have been violated, we kindly request that you adhere to our established Notice and Procedure for Making Claims of Right Infringements.

9. BALIKBAYAN STORE SOFTWARE TERMS

The terms stated here are applicable to the BALIKBAYAN STORE Software, which includes any software, updates, upgrades, and related documentation provided by us for your use in connection with BALIKBAYAN STORE Services.

11. OTHER BUSINESS

Other entities, aside from BALIKBAYAN STORE, operate stores, offer services, or sell products on this Website. Additionally, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating the offerings of these businesses or individuals, nor do we guarantee the content of their websites. BALIKBAYAN STORE assumes no responsibility or liability for the actions, products, or content of any third parties, including those mentioned above. In cases where a third party is involved in your transactions, we may share your information pertaining to those transactions with said third party. It is advisable to carefully review their privacy statements and other terms of use.

12. BALIKBAYAN STORE'S ROLE

The BALIKBAYAN STORE platform allows third-party sellers to list and sell their products. This information is clearly indicated on the respective product detail page. While BALIKBAYAN STORE facilitates transactions on its marketplace, it is important to note that BALIKBAYAN STORE is not the buyer or seller of the items. BALIKBAYAN STORE serves as a platform for sellers and buyers to negotiate and complete transactions. Therefore, the contract formed between the buyer and seller for these third-party products is solely between them. BALIKBAYAN STORE is not a party to this contract and does not assume any responsibility or act as the seller's agent. The seller is responsible for the sale of the products and handling any buyer claims or issues related to the contract. To ensure a safer buying experience, BALIKBAYAN STORE provides the BALIKBAYAN STORE A-to-z guarantee, in addition to any contractual or other rights.

13. OUR LIABILITY

We will make every effort to ensure uninterrupted availability of the BALIKBAYAN STORE Services and to minimize transmission errors. However, please note that due to the inherent nature of the internet, we cannot guarantee this. Additionally, there may be occasions where your access to BALIKBAYAN STORE Services is temporarily suspended or restricted for the purpose of repairs, maintenance, or the implementation of new features or services. We will strive to minimize the frequency and duration of such suspensions or restrictions.

BALIKBAYAN STORE shall not be held liable for (i) losses that were not a result of any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure), or (iii) any indirect or consequential losses that were not reasonably foreseeable by both parties at the time of commencing the use of BALIKBAYAN STORE Services.

We shall not be held liable for any delay or failure to fulfill our obligations under these conditions if such delay or failure is caused by circumstances beyond our reasonable control. This provision does not affect your legal entitlement to receive goods or services within a reasonable timeframe or to obtain a refund if goods or services cannot be provided within a reasonable timeframe due to circumstances beyond our reasonable control.

14. APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of the Dubai International Finance Center ("DIFC"). If any dispute, claim, difference, or controversy arises out of, relates to, or has any connection with these conditions, including as it may relate to your use of any BALIKBAYAN STORE Service, or to any products or services sold or distributed by BALIKBAYAN STORE or through BALIKBAYAN STORE, or the existence, validity, interpretation, performance, breach, or termination, and/or any dispute relating to any non-contractual obligations arising out of or in connection with them (referred to as a "Dispute"), the DIFC Small Claims Tribunal ("SCT") shall have exclusive jurisdiction to settle any such Dispute. For Disputes that do not qualify for determination through the SCT, the courts of the DIFC shall have exclusive jurisdiction to settle such Dispute, and each party submits to the exclusive jurisdiction of the courts of the DIFC. For the purposes of this section, you waive any objection to either the courts of the DIFC or the SCT, as applicable, on the grounds that either of them is an inconvenient or inappropriate forum to settle any Dispute.

15. MODIFICATIONS TO THE SERVICE OR REVISIONS TO THE TERMS OF USE.

The right to modify any BALIKBAYAN STORE Services, policies, terms and conditions, including these Conditions of Use and Service Terms, is reserved. When using the BALIKBAYAN STORE Services, you will be bound by the terms and conditions, policies, and Conditions of Use that are in effect at that time. If any of these Conditions of Use are considered invalid, void, or unenforceable for any reason, that particular condition will be considered separate and will not impact the validity and enforceability of the remaining conditions.

16. WAIVER

In the event that you violate these Conditions of Use and we do not take any action, we reserve the right to exercise our rights and remedies in any other instance where you violate these Conditions of Use.

17. CHILDREN

We do not offer products intended for purchase by minors. We exclusively provide children's products for adults to purchase. If you are under the age of 21, you may only utilize the services of the BALIKBAYAN STORE with the supervision of a parent or legal guardian.

18. OUR CONTACT DETAILS

This Website is owned and maintained by CMG TRADING AND TECHNOLOGY FZ LLC.

Our contact details are:
CMG TRADING AND TECHNOLOGY FZ LLC.
Address: 38th Floor Media One Hotel, Dubai Media City, UAE Email: sell@balikbayanstore.com
Website www.balikbayanstore.com

19. NOTICE AND PROCEDURE FOR ASSERTING CLAIMS OF COPYRIGHT INFRINGEMENTS

If you believe that your rights are being violated, you have the option to complete and submit the Notice Form. We promptly address concerns raised by rights owners and their representatives who fill out and submit the Notice Form to report any alleged infringement.

Upon receipt of a Notice Form, we may take certain actions, including the removal of information or an item. These actions are taken without any admission of liability and without prejudice to any rights, remedies, or defenses, all of which are expressly reserved. Additionally, by submitting a Notice Form, you grant BALIKBAYAN STORE the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content worldwide in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You also agree to indemnify BALIKBAYAN STORE for any claims brought by a third party against BALIKBAYAN STORE arising from or in connection with the submission of a Notice Form.

Please be advised that the listings provided by Third Party Sellers on BALIKBAYAN STORE are solely hosted and posted at the direction of the Third Party Sellers themselves. If you wish to contact a Third Party Seller, you can access their Seller Information page through any of their listings.

ADDITIONAL TERMS FOR BALIKBAYAN STORE SOFTWARE

Use of the BALIKBAYAN STORE Software . The BALIKBAYAN STORE Software is to be used solely for the purpose of enabling users to utilize and enjoy the BALIKBAYAN STORE Services provided by BALIKBAYAN STORE, in accordance with the Conditions of Use, these Software Terms, and any Service Terms. Users are prohibited from incorporating any part of the BALIKBAYAN STORE Software into their own programs, compiling any part of it with their own programs, transferring it for use with another service, or selling, renting, leasing, lending, loaning, distributing, sublicensing, or assigning any rights to the BALIKBAYAN STORE Software, either in whole or in part. The BALIKBAYAN STORE Software may not be used for any illegal purposes. BALIKBAYAN STORE reserves the right to cease providing any BALIKBAYAN STORE Software and terminate users' rights to use the software at any time.

Users' rights to use the BALIKBAYAN STORE Software will automatically terminate without notice if they fail to comply with these Software Terms, the Conditions of Use, or any other Service Terms. Additional third-party terms that are specifically identified in related documentation may apply to certain BALIKBAYAN STORE Software and will govern the use All software utilized in any BALIKBAYAN STORE Service is the exclusive property of BALIKBAYAN STORE or its software suppliers and is safeguarded by both local and international copyright laws.

Use of Third-Party Services. When utilizing the BALIKBAYAN STORE Software, it is possible that you may also engage with the services of one or multiple third-party entities, such as a wireless carrier or a mobile platform provider. It is important to note that your utilization of these third-party services may be governed by distinct policies, terms of use, and associated fees established by these respective entities.

Reverse engineering is strictly prohibited. Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the BALIKBAYAN STORE Software, whether in whole or in part, or create any derivative works from or of the BALIKBAYAN STORE Software.

Updates. We may provide automatic or manual updates for the BALIKBAYAN STORE Software without prior notice in order to ensure its up-to-date functionality.

Conditions of Sale

The sale of products by CMG Trading & Technology FZE LLC, an affiliate of BALIKBAYAN STORE, is governed by these Conditions of Sale. For conditions regarding the sale by third parties on BALIKBAYAN STORE, please refer to Article 13 of the Conditions of Use. We provide various BALIKBAYAN STORE Services, and additional terms may apply in some cases. When you use a BALIKBAYAN STORE Service (such as Your Profile, Gift Cards, or BALIKBAYAN STORE mobile applications), you will also be bound by the terms, guidelines, and conditions specific to that BALIKBAYAN STORE Service ("Service Terms"). If there is any inconsistency between these Conditions of Sale and the Service Terms, the Service Terms will take precedence.

Please carefully review these conditions prior to placing an order with CMG Trading & Technology FZE LLC. By placing an order with CMG Trading & Technology FZE LLC, you indicate your acceptance and agreement to be bound by these conditions.

1. OUR CONTRACT

Your order serves as an offer to BALIKBAYAN STORE to purchase the product(s) specified in your order. Upon placing an order with BALIKBAYAN STORE, you will receive an Order Receipt Confirmation E-mail which acknowledges the receipt of your order and provides the order details. However, please note that this email does not confirm the acceptance of your offer to buy the product(s) ordered. The acceptance of your offer and the conclusion of the sales contract for the product(s) occur when we ship the product(s) to you and send a Shipping Confirmation E-mail. In the event that your order is shipped in multiple packages, you may receive separate Shipping Confirmation E-mails for each package, and each shipment will establish a separate sales contract for the product(s) specified in that particular Shipping Confirmation E-mail. Please be aware that your contract is with CMG Trading and Technology FZE LLC. Both you and BALIKBAYAN STORE have the right to cancel your order for a product at no cost prior to the issuance of the Shipping Confirmation E-mail related to that specific product. However, please note that certain categories of products and services, such as digital products or software that are not provided in a physical format (e.g. CD or DVD), once downloaded or use (whichever is earlier) has begun.

By agreeing to this statement, you are granting permission to receive sales invoices in an electronic format. These electronic invoices will be accessible as PDF files in the designated "Your Account" section of our website. Upon each delivery, we will notify you through our Shipping Confirmation Email if an electronic invoice is accessible. For additional details regarding electronic invoices and instructions on how to obtain a physical copy, please consult our help pages.

The primary focus of BALIKBAYAN STORE is on business development for end users, while strictly prohibiting sales by resellers. Sales by resellers pertain to the actions of customers who resell products purchased from BALIKBAYAN STORE to their own customers. Should BALIKBAYAN STORE discover that you are engaging in the resale of products purchased from our store, we retain the right to deny any future product purchases through your account and may proceed to permanently close your account.

2. WARRANTY

BALIKBAYAN STORE offers a warranty period of up to twelve (12) months for eligible products purchased in the United Arab Emirates (the "UAE"). The warranty covers the repair of defective products, replacement of defective parts, or replacement or refund based on the product's price at the time of repair or replacement. Authorized service centers designated by BALIKBAYAN STORE will handle warranty repairs for selected products and transactions conducted in the UAE where BALIKBAYAN STORE is the seller of record. More information about the warranty policy can be found here.

3. RETURN, REFUND, AND TITLE POLICY

The BALIKBAYAN STORE does not assume ownership of returned items until they have been received at our fulfillment center. We reserve the right to issue a refund without requesting the return of the item. In such cases, the BALIKBAYAN STORE does not assume ownership of the refunded item. For further details regarding our returns and refund policies, kindly refer to our Returns Center and our return help page.

4. PRICING AND AVAILABILITY

All prices displayed include the legally applicable VAT.

We provide availability information for products sold on our Website, which can be found on each product information page. However, we cannot provide further details regarding availability beyond what is stated on the page or elsewhere on the Website. In the event that any products you order are unavailable, we will promptly notify you via email and issue a refund if you have been charged for those products.

Please be aware that delivery estimates, unless otherwise specified on the Website, are not guaranteed delivery times and should not be considered as such.

Although we have made every effort, there is a possibility that a few items in our catalogue may have incorrect pricing. We have noticed potential inaccuracies in the pricing of certain items in our catalogue. Rest assured, we will carefully review the pricing during the order processing stage. If any errors are found and the correct price is higher than what is listed on our website, we will promptly contact you to confirm if you still wish to proceed with the purchase at the correct price or cancel your order. Conversely, if the correct price is lower than our stated price, we will make the necessary adjustments and proceed with shipping the product to you.

5. PRODUCT INFORMATION

BALIKBAYAN STORE is not the manufacturer of the products sold on this Website, unless expressly indicated otherwise. Although we strive to ensure the accuracy of product information on our Website, the actual product packaging and materials may contain additional or different information compared to what is displayed on our Website. It is also possible for ingredients to change. The information provided on our Website regarding the products is solely for informational purposes. We advise against relying solely on the information presented on our Website. It is important to always read the labels, warnings, and directions provided with the product before use.

For healthcare products, in case of any safety concerns or for any other inquiries about a product, please refer to the information provided with the product or contact the manufacturer. The content on this site is not intended to replace advice given by a medical practitioner, pharmacist, or other licensed healthcare professional. If you suspect that you have a medical problem, please contact your healthcare provider immediately. The information and statements about products are not intended to diagnose, treat, cure, or prevent any disease or health condition. BALIKBAYAN STORE is not liable for any inaccuracies or misstatements about products made by manufacturers or other third parties.

6. CUSTOMS

When placing an order for products from BALIKBAYAN STORE to be delivered outside of the UAE, it is possible that you may be required to pay import duties and taxes. These charges are imposed once the package arrives at the designated destination. Any additional fees for customs clearance will be your responsibility, as we have no control over these charges. Customs policies vary from country to country, so we recommend contacting your local customs office for further details. Furthermore, please be aware that as the importer of record when ordering from BALIKBAYAN STORE, you must comply with all laws and regulations of the country where you will be receiving the products. We value your privacy and would like to inform our international customers that cross-border deliveries may be subject to inspection by customs authorities. For more information, please refer to our section on Customs.

7. OUR LIABILITY

BALIKBAYAN STORE and its Affiliates shall not assume liability for (i) losses that were not attributable to any breach on our part, or (ii) any business-related losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure), or (iii) any indirect or consequential losses that were not reasonably foreseeable by both parties at the time the contract for the sale of products by us to you was established.

We shall not be held liable for any delay or inability to fulfill our obligations under these terms and conditions if such delay or failure is caused by circumstances beyond our reasonable control.

This provision does not impact your entitlement to receive the products within a reasonable timeframe. In the event that the delay occurs prior to shipment, you have the option to cancel your order at any point before the products are dispatched.

8. APPLICABLE LAW

9. AMENDMENTS TO THE TERMS AND CONDITIONS OF SALE

We hereby reserve the right to modify our Website, policies, and terms and conditions, including these Conditions of Sale, at our discretion. When you place an order for our products, you will be bound by the terms and conditions, policies, and Conditions of Sale that are in effect at that time. However, if any changes to these terms and conditions, policies, or Conditions of Sale are required by law or government authority, they may also apply to orders that were placed prior to the change. In the event that any of these Conditions of Sale are deemed invalid, void, or unenforceable for any reason, that particular condition will be considered separate and will not impact the validity and enforceability of the remaining conditions.

10. WAIVER

In the event that you violate these Conditions of Sale and we do not take any action, we reserve the right to exercise our rights and remedies in any other circumstance where you violate these Conditions of Sale.

11. CHILDREN

We do not offer products intended for purchase by minors. We exclusively provide children's products for purchase by adults. If you are under the age of 21, you may only utilize BALIKBAYAN STORE with the supervision of a parent or legal guardian.

12. OUR CONTACT DETAILS

CMG TRADING AND TECHNOLOGY FZ LLC
Address: 38th Floor Media One Hotel, Dubai Media City, UAE Email: sell@balikbayanstore.com
Website www.balikbayanstore.com