Terms and Conditions

1. About The Pet Grocer PH

Welcome to thepetgrocer.ph operated by COMPASS ENABLER COMMERCIAL CORPORATION, hereinafter referred to as “Company”, “we”, “our”, and “us”), a corporation duly organized under the laws of the Philippines, with of office address at B1 L12 Plaridel 5 Subdivision, Tanzang Luma 5, Imus, Cavite, Philippines, trading through multiple formats, including “thepetgrocer.ph”, an online pet supplies store (www.thepetgrocer.ph).

These User Terms and Conditions (“Terms”, “Terms of Service”, “Terms and Conditions”) govern your use of our website located at www.thepetgrocer.ph (the “Service”)

Our Privacy Policy governs your use of our Service and outlines how we collect, protect, and disclose information resulting from your interaction with our web pages.

Your agreement with us encompasses these Terms and our Privacy Policy (collectively referred to as “Agreements”). By using our Service, you acknowledge that you have read, understood, and agreed to be bound by the Agreements.

If you do not agree with, or are unable to comply with, the Agreements, you are not permitted to use the Service. We encourage you to reach out to us at customer@thepetgrocer.ph regarding any specific concerns you may have, so we can work towards a resolution. These Terms apply to all visitors, users, and individuals who wish to access or utilize the Service.

2. Communication

By utilizing our service, you consent to receive newsletters, marketing materials, promotional content, and other information that we may distribute. However, you have the option to opt out of any or all of these communications by following the unsubscribe link provided or by contacting us at customer@thepetgrocer.ph.

3. Ordering

If you wish to purchase any product or service offered through our Service (“Purchase”), you may be required to provide specific information pertinent to your transaction. This may include but is not limited to, your credit or debit card number, card expiration date, billing address, e-wallet credentials, mobile number, gender, date of birth, and shipping information.

You represent and warrant that: (i) you possess the legal authority to use any card(s) or payment method(s) in connection with your Purchase; and (ii) the information you provide to us is accurate, complete, and truthful.

We may engage third-party services to facilitate payment processing and the completion of Purchases. By submitting your information, you permit us to share your details with these third parties, following our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for various reasons, including but not limited to product or service availability, inaccuracies in product descriptions or pricing, errors in your order, unreceived payments, or other justifiable causes. Additionally, we retain the right to refuse or cancel your order if there is any suspicion of fraud or an unauthorized or illegal transaction.

4. Content

Content accessed through this Service is utilized with permission. You are prohibited from distributing, modifying, transmitting, reusing, downloading, reposting, copying, or utilizing said content, in whole or in part, for commercial purposes or personal benefit without obtaining prior written consent from us.

5. Prohibited Uses

You are permitted to use the Service solely for lawful purposes and in accordance with the Terms and Conditions outlined herein. You agree not to utilize the Service in the following ways:

5.1. In any manner that violates applicable national or international laws or regulations.

5.2. To exploit, harm, or attempt to exploit or harm minors by exposing them to inappropriate content or in any other manner.

5.3. To transmit or facilitate the sending of any advertising or promotional material, including but not limited to “junk mail,” “chain letters,” “spam,” or similar solicitations.

5.4. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

5.5. In any manner that infringes upon the rights of others or is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful activities.

5.6. To engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm or offend the Company or its users, or expose them to liability.

Additionally, you agree not to:

5.7. Use the Service in a manner that could disable, overburden, damage, or impair it, or interfere with any other party’s ability to use the Service, including engaging in real-time activities.

5.8. Employ any automated device, process, or means, such as robots or spiders, to access the Service for any purpose, including monitoring or copying material from the Service.

5.9. Utilize any manual process to monitor or copy material from the Service or for any unauthorized purpose without our prior written consent.

5.10. Use any device, software, or routine that disrupts the proper functioning of the Service.

5.11. Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful materials.

5.12. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Service, the server on which the Service is hosted, or any server, computer, or database connected to the Service.

5.13. Launch a denial-of-service attack or a distributed denial-of-service attack against the Service.

5.14. Take any actions that may damage or misrepresent the Company’s rating.

5.15. Otherwise attempt to interfere with the proper functioning of the Service.

6. No Use of Minors

The service is exclusively intended for individuals who are at least eighteen (18) years of age. By accessing or utilizing the service, you affirm and represent that you are at least eighteen (18) years old and possess the full authority, right, and capacity to enter into this agreement and comply with all associated terms and conditions.

7. Analytics

We may engage third-party service providers to monitor and analyze the usage of our service.

8. Entire Agreement

These Terms and Conditions shall govern all orders and contracts entered into by us for the sale and supply of products and services. They represent the complete agreement between you and our website (www.thepetgrocer.ph) and supersede any prior or contemporaneous agreements. Any waiver of a provision within these Terms and Conditions shall only be valid if documented in writing and signed by an authorized representative of our organization.

By entering into this agreement, you acknowledge that you did not rely on any representations, commitments, or promises made by us, nor on any implied statements exchanged between you and us through www.thepetgrocer.ph, before the establishment of these Terms and Conditions, except as explicitly stated herein.

9. Terms of Sale

9.1 Account Registration

To place an order, you must register by creating an account on our service. By establishing an account, you affirm that you are at least 18 years of age and that the information you provide is accurate, complete, and up to date. Failure to maintain accurate information may result in the immediate termination of your account.

You are responsible for safeguarding the confidentiality of your account and password, including restricting access to your computer and/or account. You agree to assume responsibility for all activities conducted under your account and password, regardless of whether they occur on our service or through a third-party service. You must notify us immediately upon discovering any security breach or unauthorized use of your account.

You are prohibited from using the name of another person or entity as your username or any name that infringes upon the rights of others without proper authorization. Additionally, usernames that are offensive, vulgar, or obscene are not permitted.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. You must not misuse the service by creating multiple user accounts.

The email address you use to register will serve as your username, and you will be prompted to create a password. To access your account, you will need to enter these credentials, and we recommend that you do not share them with anyone. Orders can only be processed using your user credentials following registration.

9.2 Pricing and Payment

Prices are inclusive of VAT and are denominated in Philippine Pesos. There are no shopping or concierge fees; however, a delivery fee will be applied per order in addition to the product prices, which will be clearly displayed in the total charges. There is no minimum order value required.

For orders within Metro Manila, the delivery fee starts at Php149.00 for next-day delivery. We reserve the right to make reasonable price adjustments as necessary to uphold our commitment to timely delivery.

Currently, payments can be made using any Visa or Mastercard credit or debit cards, or through GCash. By proceeding with checkout, you confirm that the payment method you are using belongs to you or that you are the legitimate holder of any applicable promotional voucher, and that you have sufficient funds or credit to cover the total cost of the products and delivery. Orders cannot be canceled once payment has been processed.

We utilize a third-party payment processor to link your Visa or Mastercard, or GCash account to our website. Payment processing will be subject to the terms, conditions, and privacy policies of the payment processor and your credit card issuer, in addition to these user terms and conditions. We are not liable for any errors made by the payment processor. As part of your use of the service, we will collect certain transaction details necessary for processing each order, in accordance with our Privacy Policy.

9.3 Returns and Cancellations

We partner with a reputable third-party logistics provider for delivery services. You will be required to sign the delivery receipt upon checking and receiving your items. If there are any discrepancies during delivery, please notify the delivery team at that time. You will need to indicate and sign on the delivery receipt to document any discrepancies. Our customer service associate will follow up with you to arrange a refund, as detailed in the Delivery section below.

9.4 Refunds

Our inventory is updated in real time, which helps minimize inaccuracies regarding product availability. However, in the rare instance that an item is paid for but out of stock, our customer service representative will contact you to inform you of the situation and arrange a refund, either through cash upon delivery of the remaining items or through reversal via our third-party payment system (Cash, E-wallet, Visa, or Mastercard), where applicable.

Refunds will not be issued under the following circumstances:

(a)when a customer changes their mind

(b) when a customer discovers that another retailer offers a lower price for similar items

(c) mishandling of goods by the customer

(d) reasons unrelated to the quality or manufacturing defects of the product

(e) if items spoil or are damaged due to our inability to contact the recipient despite multiple attempts

(f) providing a non-existent address or if our delivery personnel cannot access the provided delivery address.

9.5 Delivery

Deliveries to residential addresses are typically completed within 24 to 48 hours. Please allow additional time for orders placed on holidays.

Deliveries to offices are restricted to regular office hours. Our logistics provider will notify you via SMS once the delivery crew has been dispatched, and they will monitor all orders throughout the delivery process.

Upon delivery, you will be required to sign a receipt confirming acceptance of the products and services. You or the recipient may address any discrepancies with our delivery team at that time. Any damaged or incorrect items will be returned to us through our delivery personnel. For fresh items, returns are only accepted within two hours of delivery.

A customer service associate will reach out to you regarding refunds. You may also contact customer@thepetgrocer.ph for assistance. Please note that any discrepancies reported after signing the delivery receipt will not be entertained. We encourage you and/or the recipient to inspect all items upon delivery, as our delivery team is available to assist.

The delivery crew will deliver to the address you provided during registration. If the registered user is unavailable, you agree that receipt of the items and signing of the delivery receipt by any individual at your address constitutes a valid delivery.

10. Information and Privacy Policy

Please refer our Privacy Policy.

11. Contests, Sweepstakes and Promotions

Promotions, including contests, sweepstakes, and other similar activities (collectively referred to as “Promotions”), offered through our Service may be subject to rules that differ from these Terms of Service. If you choose to participate in any Promotions, we encourage you to review the relevant rules along with our Privacy Policy.

In cases of fraud, attempts at deception, or suspicion of illegal activities associated with the redemption of a specific promotion on the Site, we reserve the right to terminate your Account and/or require an alternative payment method.

We disclaim any liability for the loss, theft, or illegibility of promotional vouchers.

12. Intellectual Property

The service, along with its original content (excluding user-provided content), features, and functionalities, is and will continue to be the exclusive property of the Company and its licensors. This service is safeguarded by copyright, trademark, and other laws applicable in the Philippines and internationally. Our trademarks may not be utilized in association with any product or service without prior written consent from the Company.

13. Copyright Policy

We uphold the intellectual property rights of others and are committed to addressing any claims that content posted on our service infringes upon the copyright or other intellectual property rights of any individual or entity (“Infringement”).

If you are a copyright owner or are authorized to act on behalf of one, and you believe that your copyrighted work has been copied in a manner that constitutes copyright infringement, please submit your claim by email to customer@thepetgrocer.ph. Use the subject line “Copyright Infringement” and provide a detailed description of the alleged infringement as outlined below. Please be aware that you may be held liable for damages, including costs and attorneys’ fees, resulting from misrepresentation or bad faith claims regarding the infringement of any content found on or through our service.

14. Notice and Procedure for Copyright Infringement Claims

To submit a notification of copyright infringement, please provide the following information in writing:

14.1. An electronic or physical signature of the individual authorized to act on behalf of the copyright owner;

14.2. A description of the copyrighted work in question, including the web page address where the work is located or a copy of the copyrighted material;

14.3. Your address, telephone number, and email address;

14.4. A statement affirming your good faith belief that the disputed use is not authorized by the copyright owner, their agent, or applicable law;

14.5. A statement made under penalty of perjury, confirming that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.

For further communication, please reach out via email at customer@thepetgrocer.ph.

15. Error Reporting and Feedback

You may submit any information and feedback related to errors, suggestions for improvements, ideas, issues, complaints, and other matters concerning our Service (“Feedback”) directly to us at customer@thepetgrocer.ph. By providing Feedback, you acknowledge and agree to the following terms: (i) you will not retain, acquire, or assert any intellectual property rights or other claims to the Feedback; (ii) the Company may develop ideas similar to your Feedback; (iii) your Feedback does not contain confidential or proprietary information belonging to you or any third party; and (iv) the Company is not obligated to maintain confidentiality regarding the Feedback. If the transfer of ownership of the Feedback is restricted by applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, royalty-free, sublicensable, unlimited, and perpetual right to use the Feedback in any manner and for any purpose, including copying, modifying, creating derivative works, publishing, distributing, and commercializing it.

16. Links to Other Websites

Our Service may include links to third-party websites or services that are not owned or controlled by the Company. The Company does not exercise control over and assumes no responsibility for the content, privacy policies, or practices of these external websites or services. We do not guarantee the offerings of any such entities or their websites.

For instance, the Terms of Service outlined herein were generated using PolicyMaker.io, a free web application designed to create high-quality legal documents. PolicyMaker’s free Terms and Conditions generator serves as a user-friendly tool for developing a standard Terms of Service template suitable for websites, blogs, e-commerce stores, or applications.

You acknowledge and agree that the Company shall not be held responsible or liable, either directly or indirectly, for any damage or loss that is caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through these third-party websites or services.

We strongly advise you to review the Terms of Service and Privacy Policies of any third-party websites or services that you visit.

17. Representations and Warranties

The services provided by the Company are offered on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, either express or implied, regarding the operation of these services or the information, content, or materials contained within them. By using these services, their content, and any services or items obtained from us, you acknowledge and accept that your usage is at your own risk.

Neither the Company nor any individuals associated with it make any warranty or representation concerning the completeness, security, reliability, quality, accuracy, or availability of the services. Furthermore, neither the Company nor its associates guarantee that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted. There is no assurance that defects will be corrected, that the services or the server providing them are free from viruses or other harmful components, or that the services or any associated items will meet your needs or expectations.

The Company expressly disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose.

This disclaimer does not affect any warranties that cannot be excluded or limited under applicable law.

18. Limitation of Liability

Except where prohibited by law, you agree to indemnify and hold harmless our company, along with its officers, directors, employees, and agents, from any indirect, punitive, special, incidental, or consequential damages arising from any cause (including attorney’s fees and all associated costs of litigation and arbitration, whether at trial or on appeal, regardless of whether litigation or arbitration is initiated). This applies to any claims related to contract, negligence, or other tortious actions, as well as claims related to personal injury or property damage arising from this agreement or your violation of any laws, statutes, rules, or regulations, even if the company has been previously informed of the potential for such damages. Furthermore, where permitted by law, if any liability is determined on the part of the company, it will be limited to the total amount paid for the products and/or services, and under no circumstances will consequential or punitive damages be awarded.

19. Termination      

We reserve the right to terminate or suspend your account and restrict access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason, including but not limited to a breach of the Terms.

Should you wish to terminate your account, you may do so by discontinuing your use of the Service.

All provisions of the Terms that inherently should survive termination will remain in effect, including, but not limited to, ownership clauses, warranty disclaimers, indemnification, and limitations of liability.

20. Governing Law

These Terms and Conditions, along with any non-contractual obligations arising from or related to them, shall be governed by and interpreted in accordance with the laws of the Philippines. You hereby consent to the exclusive jurisdiction of the Courts of Taguig, Philippines.

The failure to enforce any right or provision of these Terms shall not be deemed a waiver of those rights. Should any provision of these Terms and Conditions be found invalid or unenforceable by a court, the remaining provisions shall continue to be in effect. These Terms and Conditions represent the complete agreement between us concerning our Service, superseding and replacing any prior agreements related to the Service.

21. Changes to Service

We reserve the right to withdraw or modify our Service, as well as any materials or services provided through it, at our sole discretion and without prior notice. We shall not be liable for any unavailability of the Service, in whole or in part, at any time or for any duration. Additionally, we may periodically restrict access to certain sections of the Service, or to the Service as a whole, for users, including registered users.

22. Amendments to Terms

We reserve the right to amend the User Terms and Conditions at any time by posting the updated terms on this site. It is your responsibility to periodically review these Terms and Conditions.

Your continued use of the Service following the publication of revised User Terms and Conditions signifies your acceptance of the changes. You are expected to frequently check this page to remain informed of any modifications, as these changes will be binding upon you.

By continuing to access or use our Service after any revisions take effect, you agree to be bound by the updated terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

23. Waiver and Severability

No waiver by the Company of any term or condition outlined in the User Terms and Conditions shall be interpreted as a further or continuing waiver of that term or condition, nor shall it serve as a waiver of any other term or condition. Additionally, the Company’s failure to assert a right or provision under the User Terms and Conditions does not constitute a waiver of that right or provision.

In the event that any provision of the User Terms and Conditions is deemed invalid, illegal, or unenforceable by a court or other competent tribunal, that provision shall be removed or limited to the least extent necessary, ensuring that the remaining provisions of the Terms remain in full force and effect.

24. Assignment

You are not permitted to assign, transfer, novate, charge, subcontract, create any trust over, or otherwise engage with these User Terms and Conditions, nor with any of your rights or obligations under them.

25. Relationship

No provision within these Terms and Conditions shall establish or be interpreted as establishing a partnership, agency, or any form of relationship between you and WWW.THEPETGROCER.PH or its owner or operator, unless explicitly stated otherwise within this document.

26. Third-Party Rights

No individual who is not a party to these Terms and Conditions shall acquire any rights under them or be entitled to benefit from any of their provisions, even if that individual has relied on such provisions or has expressed agreement to any party regarding those terms.

27. Acknowledgement

By utilizing our services or any other services we offer, you acknowledge that you have read these User Terms of Service and agree to be bound by them.

28. Contact Us

We welcome your feedback, comments, and requests for technical support. Please reach out to us via email at customer@thepetgrocer.ph or contact us by phone at 09202716475.

These User Terms and Conditions were established for WWW.THEPETGROCER.PH on October 10, 2024.