Terms & Conditions

Terms and Conditions of Trade

1. Background
Welcome to Pinoy Merkado (ABN 86 241 879 306). Pinoy Merkado is an Australian Family Owned Business trading as an Online Retailer and Wholesaler. Pinoy Merkado sells imported and local products that are
consumable and non-food products manufactured by small and medium enterprises. Pinoy Merkado is in collaboration with Light Up Your Life Australia, an importer and a distributor.

2. Interpretation
The following rules of interpretation apply unless the context clearly requires otherwise:

(a) The singular includes the plural and vice versa.
(b) A gender includes all genders.
(c) If a word or phrase is defined, its other grammatical forms have a corresponding meaning.
(d) A reference to a person, corporation, trust, partnership, unincorporated body, or other entity includes any of them.
(e) A reference to conduct includes an omission, statement and undertaking, whether oral or in writing.
(f) References to any statute or statutory provisions include that statute or statutory provision as amended, extended, consolidated, or replaced by subsequent legislation and any orders, regulations, instruments or other subordinate legislation made under the relevant statute.
(g) These terms and conditions bind the Client, its legal representatives, successors, and assigns.

3. Definitions
(a) Supplier means Pinoy Merkado (ABN 86 241 879 306), its officers, employees, and representatives. (“we”, “us”).
(b) Client means any buyer as a non-guest, guest, and wholesaler with an Australian Business Number (ABN) who purchase products of Pinoy Merkado through Pinoy Merkado website as per minimum product quantity.
(c) Website means Pinoy Merkado (www.pinoymerkado.com.au).
(d) Goods mean consumable and non-consumable products offered by the supplier.
(e) “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website.
(f) Third party a reference to a “third party” in these terms includes a reference to any agent or contractor of Pinoy Merkado, or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website, and includes any of them.
(g) Order or purchase means a product or set of products that you have selected and paid for through our website.
(h) Australian Consumer Law (“ACL”) means schedule 2 of the Competition and Consumer Act 2010 (Cth).
(i) Sale of Goods Act 1896 (QLD) regulates contracts for the sale of goods in commercial transactions in QLD.

4. Website Terms of Use
Your use of our website is subject to these Terms of Use (“Terms”). If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.

(a) You agree to use this website only for purposes that are permitted by these Terms, any applicable law or regulation and/or generally accepted practices or guidelines.
(b) You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable, or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or its content.
(c) You understand and agree that any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.
(d) We may stop (temporarily or permanently) access to this website to you, or to guests or members generally, at its discretion and without any prior notice to you.
(e) We may in our sole discretion restrict your access to this website. If we do this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
(f) As electronic websites are subject to interruption or breakdown, access to this website is offered on an “as is” and “as available” basis only.
(g) We may impose limits or restrictions on the use you may make of this website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, we may withdraw this website, or change or remove website functionality at any time without any notice to you.

5. Website Information
(a) We may, at any time, add or remove content from this website without notice.
(b) Any articles, information or content published on this website must be read subject to these Terms.
(c) Although we use our best endeavours to confirm the accuracy of any information published on this website, you agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
(d) The information, materials and services in this website is provided as a recommendation and for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via our customer feedback alternatives.

6. Other website links
(a) This website may contain links to other websites, content, or resources, which are owned or operated by third parties. These linked websites are not under our control, and we are not responsible for the operation, availability or contents of any linked website or any link contained in a linked website. We provide these links to you for convenience only and the inclusion of any link does not imply our endorsement of the linked website. You access linked websites at your own risk. Subject to any non-excludable rights, we disclaim all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites. You should carefully review the terms of use and privacy policies of these websites that you visit.
(b) We reserve the right to prevent third parties from linking to our website.

7. Data and Transmissions Security
(a) Given the nature of the internet, we cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and we do not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected. Whilst we and our third parties take precautions to protect information, we do not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. If you become aware of any problems with the security of the website, please contact our team immediately.
(b) You must take your own precautions to ensure that the process which you use to access the website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither us nor our third parties will accept any responsibility for any interference or damage to your own systems which arises in connection with your use of this website, any website or any linked website.

8. Cookies
Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser).

9. User Agreement
(a) By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between you and Pinoy Merkado.
(b) These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or from a third party.

10. Guests and Registered Users
(a) You may access and/or use the website as non-guest, guest or as a member. Only members with an Australia Business Number (ABN) can see the wholesale prices of our products.
(b) To become a member that purchases in bulk, you must complete a Wholesale Customer Application Form, provide your business name, Australian Business Number (ABN), business start date, business address, contact name, contact number, a valid email address and nominate a password. If you do not provide accurate and complete details, we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting our team.
(c) You will receive an email from us as soon as practicable after you create your membership account. Non-guest and guest can readily purchase products.
(d) We only permit one registration per organisation.
(e) You must not use another members’ account without permission.
(f) You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
(g) If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact team.
(h) We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.

11. Legal Capacity
(a) You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.
(b) Any Order made by you using this website is an acknowledgement by you that you:
– are over the age of eighteen (18) years;
– accept these terms;
– agree that you have entered into a contractual agreement; with us in relation to these terms; and
– these terms, together with your order, constitute the entire agreement between you and us for the supply of products.
(c) We reserve the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage that we may suffer as a result of a transaction entered into by a minor.

12. Orders and Payment
(a) We recommend you carefully review any proposed Orders before adding them to your shopping cart and proceeding with your Order.
(b) You and Pinoy Merkado may enter into a contract for the sale and supply of products when you purchase a product at the price advertised on the website by:
– placing an electronic Order for the products using the website;
– you confirming the Order details in accordance with the procedure on the website;
– you making payment in full (plus any applicable delivery charges) on the website; and
– the acceptance of that offer by Pinoy Merkado.
(c) Once you have placed your Order, you cannot cancel or revoke your Order, unless expressly provided for in these Terms.
(d) When entering into a sale contract via the website, you will be taken to have communicated to purchase the product(s) only when:
– any requirements set out in these terms have been met;
– the electronic instruction containing your order enters and is recorded in our database;
– a record is created and stored in our database; and
– We receive full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
(e) You acknowledge that:
– the transmission of your order or the confirmation of any payment, made through an electronic instruction may not be received by us for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third-party website providers or systems;
– to the extent permitted by law, we are not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
– We may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
– We may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
(f) You will receive an email from us as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact our team.
(g) If your Order is not accepted by us, we will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
(h) We may, in our sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
(i) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If we cannot supply a particular product, we will notify you by telephone or email as soon as possible.
(j) We will be deemed to have accepted your Order when your Order is delivered to your specified delivery address.

13. Applicable Law
(a) These terms and conditions are subject to the laws of Queensland, Australia and any claim or dispute arising under them shall be solely determined by the courts of Queensland, Australia.
(b) We may unilaterally amend these terms and conditions by publishing the amendments on our website. All contracts concluded by the Supplier and the Client after such publication shall be subject to the amended terms and conditions.
(c) If you access the website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representations that the content of the website complies with the laws of any country outside of Australia.

14. Price
(a) Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.
(b) Images of products shown without any advertised price beside that image are not offered for sale.
(c) We reserve the right to correct any errors published on the website.

15. Payment
(a) All payments must be made in full prior to delivery.
(b) Payments must be made via bank transfer. We will provide you with our bank details after we received your order via email.

16. Shipping
(a) Subject to you complying with these Terms and acceptance of your Order by us, we will sell and supply the products to you as shown on your Order confirmation.
(b) We currently ship products throughout Australia.
(c) Our products are shipped by our third-party providers. You must adhere to the terms of conditions of our third-party providers.
(d) We are not held liable for any omissions or actions made by our third-party providers.
(e) Products may not be available for immediate delivery. We will endeavour to arrange delivery at a reasonable time. The estimated delivery time as provided by our third-party providers is five (5) day for deliveries in QLD or within 15 days for deliveries interstate from the date your order is booked in for delivery.
(f) When you complete your Order you will be prompted to enter the address where you want the goods to be delivered.
(g) The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
(h) On receipt of your Order by us, subject to product availability, your Order will be dispatched to your specified delivery address generally within 15 business days of the date you placed your Order.
(h) You will be required to be available in person or your authorised representative to accept delivery of your Order.
(i) If delivery is attempted and you or your representative is not available for collection, you will be held accountable for any additional costs in association with the collection of the goods.
(j) If you wish to change the delivery date or delivery address, you must let us know at least 48 hours prior to the dispatch of your Order.
(k) We will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however we do not warrant that these timeframes will always be met, as many factors may affect these timeframes.
(l) We cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.

17. Title and risk in goods
a) Title and risk in the products, such as loss and damage, pass to you at the time of completion of your order and payment.
b) The customer shall insure the goods in an amount at least equal to the contract value in the names of the Supplier and the Customer against fire, theft, accidental or malicious damage, flood or storm and the Customer shall pay all premiums in respect of such insurance.

18. Disclaimer and Indemnity
(a) To the extent permitted by law, we and each of our related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
– errors, mistakes or inaccuracies on the website;
– you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
– personal injury or property damage of any kind resulting from your access or use of the website;
– any unauthorised access to or use of the websites secure servers;
– any interruption or cessation of transmission to or from the website;
– any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
– the quality or fitness for any purpose of any linked sites.
(b) Except as expressly provided in these terms, and to the fullest extent allowed by the law, we and our third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
(c) You will at all times indemnify, and keep indemnified, us and each of our related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
(d) This clause is not intended to exclude or limit any rights which you may have under the Australian Consumer Law and under the Sale of Goods Act 1896 (QLD).

19. Order Enquiries
If you have any query about the progress of your Order please contact us. Please have your Order number handy as shown on the email confirmation.

20. Damaged or Faulty Products and Refund Policy
(a) We will refund the amount of damaged bottled products if they were damaged during the delivery from our warehouse to your location. In the event the goods are damaged, please send us photos of the damaged products within 24 hours by emailing us at hello@pinoymerkado.com.au.
(b) We will ensure that the products we release for delivery have a minimum shelf-life of 6 months from the date of the order.
(c) Refund is not available if you changed your mind after your order has been confirmed and shipped to you.

21. Severability
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision must, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and must not in any way affect any other circumstances of or the validity or enforcement of this agreement.

22. Force Majeure
We will not be liable for any delay in performing any of our obligations if such delay is caused by circumstances beyond our reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as product supply and availability, electricity supply, bank payment systems or postal deliveries.

23. Privacy
(a) Our Privacy Policy available on this website explains how your personal information is collected and managed.
(b) The privacy of your personal information is important to us.
(c) Pinoy Merkado and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact our team. Personal information may include your name, residential and/or postal address, telephone number and email address.
(d) Your personal information is not collected if you only browse this website.
(e) Pinoy Merkado and our authorised third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that Pinoy Merkado and/or its third party may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that we think may be of interest to you. If you would prefer not to receive promotional or other material from us or our third parties, please let us know and we will respect your request. You also agree that we may contact you by telephone to arrange delivery or collection of your Order.
(f) You may request of us to remove your personal information from our database by emailing us at hello@pinoymerkado.com.au.
(g) For further details about our privacy practices please view the Privacy Policy on this website. Should you have any questions concerning your privacy, please contact us at hello@pinoymerkado.com.au.

24. Transfer and Assignment
If Pinoy Merkado merges, sells or otherwise change control of its business or this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we collected from you and any agreements it has made with you.

25. Waiver
Our failure to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by us.

26. Warranties and Liabilities
(a) Where the goods are damaged, or defective, for any reason, including on the part of the Suppliers, its servants or agents, the Supplier’s only liability, if any, shall be limited to the replacement of the goods.
(b) The Client assumes all risks and liabilities for consequences arising from the use of the goods whether singularly or in combination with other products. Any warranties or conditions, statutory or otherwise, as to quality or fitness for any purpose are excluded.
(c) Where products have a ‘use-by’ date and have been supplied within a reasonable time prior to this date, then the Supplier shall have no liability for any goods sold after such date.