Welcome to TIK Shop. where TIK Shop-registered
Buyers will be able to enjoy the rights and privileges described in these TIK
Shop Terms of Service (these “TIK Shop Terms of Service”) when
purchasing Mall Items (defined below) on TIK Shop from any of our
participating Sellers that have been carefully selected by TIK Shop (such
Sellers, “Mall Sellers”, and such Buyers, “Mall Buyers”). If you are a Mall
Buyer, you will be deemed to have consented to the terms and conditions
described in these TIK Shop Terms of Service when you make purchases
on TIK Shop. Similarly, if you are a Mall Seller, you will be deemed to
have consented to the terms and conditions described in these TIK Shop Terms
of Service by your continued participation in TIK Shop. These TIK
Shop Terms of Service supplement the Terms of Service and the other TIK
Shop Policies, of which these TIK Shop Terms of Service forms a
part – please read the Terms of Service and the other TIK Shop Policies
available on the Site as they contain important information regarding your
rights and obligations. Any terms that are used in these TIK Shop Terms
of Service that are not defined here will have the meanings given to such terms
in the Terms of Service and/or the applicable TIK Shop Policy. All
terms and conditions described in these TIK Shop Terms of Service
are subject to change at TIK Shop’s discretion pursuant to the Terms of
Service.
1. TIK Shop Refunds and Return Policy
1.1 Mall Buyer may apply for a refund
and/or return of an item purchased on TIK Shop (a “Mall Item”) by
completing the return/ refund request on the Site and returning the Mall Item
as described below at any time within seven (7) calendar days after the date
that Mall Item was first made available for Mall Buyer to take delivery (the
“Free Return Period”). Usually, that date would be the date Mall Buyer received
delivery of the Mall Item; however, if Mall Buyer did not receive the Mall Item
because of Mall Buyer’s absence from the destination address or Mall Buyer’s
failure to input the proper destination address, that date would be the date on
which delivery attempt was first made.
1.2 Please note that Mall Buyer must
ship or drop off the Mall Item to or at a location designated by TIK Shop within
five (5) days after the return request is raised and in any event no later than
the last day of the Free Return Period. All Mall Items that are returned must
be returned via a courier designated by TIK Shop by no later than
the last day of the Free Return Period. TIK Shop reserves the right
to reject any application where the Mall Item was dispatched later than five
(5) days after the return request is raised.
1.3 The approval of your request for
refund and return will be made by TIK Shop in its sole discretion
after reviewing your completed refund/return request and inspecting the
condition of the Mall Item that was returned.. Mall Buyer acknowledges and
agrees that TIK Shop’s decision is final, conclusive and binding, and
covenants and agrees that it will not bring suit or otherwise assert any claim
against TIK Shop or its affiliates in relation to such
decision. The Mall Item that was returned to TIK Shop must
be, at a minimum, in the following conditions:
● New and sealed condition;
● Complete, with all items included in the purchase; and
● With original product packaging and price tags.
If any additional conditions apply to a certain Mall
Item, TIK Shop will inform you via the Site, SMS or email. The
conditions for the Mall Items subject to return are referred to as the “Return
Conditions”.
1.4 In addition, please note that
certain types of Mall Items may be excluded from the Refunds and Return Policy
described in these TIK Shop Terms of Service, including:
● Digital goods, such as mobile top-up cards, audio or
video recording or software;
● Goods that are perishable or may otherwise deteriorate
or expire rapidly, such as groceries; and
● Goods that are not suitable for return due to health
protection or hygienic reasons, such as cosmetics, swimwear and underwear.
If any Mall Item is excluded from the Refunds and Return
Policy described in these TIK Shop Terms of Service, TIK Shop will
make reasonable efforts to publish that information on our Site or otherwise
inform the Mall Buyers; however, please note that our policies may change
without notice at any time and certain Mall Items may be subject to exclusion
after Mall Buyer has purchased them. Any Mall Item that is subject to exclusion
from the Refunds and Return Policy described in these TIK Shop Terms
of Service is referred to as an “Excluded Item”.
1.5 TIK Shop reserves the right
to (a) add to or otherwise amend the list of Excluded Items and/or the Return
Conditions and (b) amend, terminate or suspend the Refunds and Return Policy
described in these TIK Shop Terms of Service (including the length
of the Free Return Period), in each case, at any time in its sole discretion.
1.6 TIK Shop may reject in its
sole discretion any returned Mall Item (and the related request for refund and
return):
● that is an Excluded Item;
● that does not meet the Return Conditions; or
● if the Mall Item was returned in a manner that does not
comply with Section 1.2 above.
Please note that TIK Shop’s determination will be
based on the list of terms of conditions in effect at the time of such
determination (including the list of Excluded Items, the Return Conditions and
the Free Return Period), and therefore pursuant to Section 1.5 above, such list
of Excluded Items, the Return Conditions and/or the length of Free Return
Period may be different from those in effect at the time Mall Buyer has
completed the refund/return request and/or returned the Mall Item.
If TIK Shop rejects a request for refund and
return, TIK Shop will organize the delivery of such Mall Item to the
relevant Mall Buyer’s address to which the Mall Item was originally delivered,
and TIK Shop shall be entitled to seek compensation from such Mall
Buyer for any costs incurred in delivering the Mall Item back to such Mall
Buyer.
1.7 TIK Shop reserves the right
to terminate a User’s access to TIK Shop if it suspects any abuse of
the Refunds and Return Policy described in these TIK Shop Terms of
Service and, if TIK Shop deems appropriate, may also impose
penalties (including recovery of any fees or charges incurred as a consequence
of such abuse).
1.8 The Refunds and Return Policy for
Mall Items described in these TIK Shop Terms of Service are in
addition to the general Refunds and Return Policy described in the Refunds and
Return Policy. If there is any inconsistency, the Refunds and Return Policy
described in these TIK Shop Terms of Service will prevail in respect
of Mall Items.
2. Mall Seller Terms and Conditions
2.1 If you are a Mall Seller, you should
have received a separate written notification from TIK Shop informing
you of your selection to participate in TIK Shop. If you decide not to
participate in TIK Shop at any time, please inform TIK Shop in
writing; otherwise, you will be deemed to have elected to continue your
participation in TIK Shop and consented to the terms and conditions
set out in these TIK Shop Terms of Service.
2.2 Each Mall Seller warrants that the Mall
Item it offers on TIK Shop and actually delivered to Mall Buyer (a)
complies with (i) applicable law and (ii) the specifications listed (and made
available to Mall Buyer) on the Site, including any and all product warranties,
specifications, drawings, samples, performance criteria and all applicable
quality, safety and hygiene requirements, and (b) will be free from defects.
Each Mall Seller understands and agrees that it will be responsible for any
non-conformity or defect in, or any public or private recall of, any of the
Mall Items, and will hold TIK Shop harmless from any losses relating
to the foregoing.
2.3 If a Mall Seller is found to have
offered or sold any Mall Item on TIK Shop that is restricted
under TIK Shop’s Prohibited and Restricted Items Policy, TIK Shop reserves
the right to, at its sole discretion, remove the offending Mall Items
from TIK Shop, and execute refunds (and any adjustments) to Mall Buyers
who have purchased such Mall Items (even if Mall Buyers did not comply with any
of the requirements described in Section 1 above), in which case Mall Seller
agrees to reimburse TIK Shop for all such refunds (including any
related costs and charges) and authorizes TIK Shop to deduct such
amounts from any amounts payable to Mall Seller or take such other action as
deemed appropriate by TIK Shop in its discretion.
2.4 TIK Shop’s determination to
approve a refund or return of a Mall Item pursuant to Section 1 above is
binding on the relevant Mall Seller. Mall Sellers agree to comply and do all
such things as necessary to give effect to a Mall Buyer’s request for a refund
or return approved by TIK Shop.
2.5 For any refund or return request
approved by TIK Shop, TIK Shop will organize the delivery of
the relevant returned Mall Item to the address provided by the relevant Mall
Seller to TIK Shop in writing for the completion of the refund and
return process, at no additional cost to such Mall Seller so long as such
address is in the country in which the relevant Mall Item was listed for sale
on the Site (a “Local Address”). If Mall Seller fails to provide a Local
Address for return of the returned Mall Item or otherwise fails to accept
delivery of the returned Mall Item within a reasonable period of time (as
determined by TIK Shop), TIK Shop reserves the right to
dispose of such Mall Item in any manner it sees fit and Mall Seller shall be
deemed to have forfeited all rights to such Mall Item.
2.6 Notwithstanding the above, TIK
Shop may determine at its sole and absolute discretion that a Mall Item
approved for refund or return shall not be returned to Mall Seller, and Mall
Seller shall be deemed to have forfeited all rights to such Mall Item.
2.7 For any refund or return rejected
by TIK Shop where the relevant Mall Item was received by TIK
Shop, TIK Shop will organize the delivery of such Mall Item to the
relevant Mall Buyer’s address pursuant to Section 1.6 above.
2.8 Where TIK Shop approves any
refund or return request, Mall Seller may appeal such decision by
contacting TIK Shop and providing evidence in support of such
appeal. If TIK Shop upholds Mall Seller’s appeal, it will
disburse all or part of the Buyer’s Purchase Monies to Mall Seller. Mall
Seller acknowledges and agrees that TIK Shop’s decision is final,
conclusive and binding, and covenants and agrees that it will not bring suit or
otherwise assert any claim against TIK Shop or its affiliates in
relation to such decision.
3. TIK Shop 100% Authentic Product
Policy
3.1 All products listed by Mall
Sellers must be 100% authentic.
3.2 Counterfeit products are
prohibited from being listed in TIK Shop. The term “counterfeit” encompasses
a product that was made in exact imitation of an existing brand with the
intention to deceive or defraud and may include, but is not limited to:
● A product that violates any local country laws in which
they are sold;
● A product that is a fake or a replica of an existing
official product;
● A product that has never been produced by a specific
brand;
● A product that is significantly under-priced;
● A product containing a registered trademark on the
product, the packaging or anywhere related to the product without the
authorization of the trademark owner;
● A product that contains specific design elements (e.g.
cartoon characters or colourways) protected by a trademark; without the
authorization of the trademark owner;
● A product that bears such similarities with other
products (e.g. a replica of a branded item with or without altered logos)
without the authorization of the trademark owner;
● A product that has no visible trademark on the product
image on the listing, but the delivered product includes a trademark; and
● Usage of a photo on the listing that contains the
trademark of a brand.
3.3 Original equipment
manufacturer (“OEM”) brands are permitted as long as no official brand logo is
displayed on any OEM product image and no official brand name is stated in any
part of the product information.
3.4 If requested by TIK
Shop, the Mall Seller shall promptly provide documentation to TIK Shop that
proves (to TIK Shop’s reasonable satisfaction) the authenticity of the
Mall Item including, but not limited to, manufacturer sales invoices,
authorized distribution agreements and/or certificates of authenticity (“Proof
of Authenticity”).
3.5 If the Mall Seller fails to
provide Proof of Authenticity, the Mall Seller shall:
(a) accept the return of the Mall Item from
the Mall Buyer; and
(b) be liable to compensate TIK Shop for
such other costs, expenses, losses and liabilities suffered or incurred
by TIK Shop (including, but not limited to, loss of goodwill) as
determined at TIK Shop’s sole discretion.
3.6 In the event that TIK
Shop determines, at its sole discretion, that Mall Seller has violated
Section 3, TIK Shop may take all appropriate measures, including but
not limited to removing the counterfeit Mall Item listing from the Site,
prohibiting the publication of the same or similar goods and/or restricting,
suspending or terminating the Mall Seller's TIK Shop account and/or
access to TIK Shop. Mall Seller's obligations and liabilities under these
Terms of Service will not be affected by the restriction, suspension or
termination of the Mall Seller’s account.
4. TIK Shop Commission Fees
4.1 TIK Shop charges a
fee for all successful transactions completed by Mall Sellers on the Site (“TIK
Shop Commission Fee”). The TIK Shop Commission Fee is borne by
the Mall Seller, and is calculated as (a) two percent (2%) of the Gross
Settlement Price, for the sale of electronics products (e.g. audio, cameras
& drones, computers & accessories, gaming & consoles, mobile &
gadgets, home appliances) (b) three percent (3%) of the Gross Settlement Price,
for the sale of fast-moving consumer goods (e.g. beauty, food & beverages ,
health products, mom & baby, pets, home & living - home fragrance &
aromatherapy, home & living - home care supplies); and (c) five percent
(5%) of the Gross Settlement Price, for the sale of any other products that are
not otherwise specified herein. The Gross Settlement Price is the Seller’s
original listing price of an item, minus any Mall Seller-sponsored discounts or
vouchers, rounded to the nearest peso. For avoidance of doubt, the
categorization of an item set out in Section 4.1 (a), (b) or (c) above shall be
at TIK Shop’s sole and absolute discretion. The TIK
Shop Commission Fee is inclusive of value-added tax. TIK Shop shall
issue receipts or tax invoices for the TIK Shop Commission Fee upon
submission by the Mall Seller of proof of registration with the Bureau of
Internal Revenue.
4.2 Following the successful
completion of a transaction, TIK Shop shall deduct the TIK
Shop Commission Fee from the Buyer’s Purchase Monies, and remit the
balance to the Mall Seller in accordance with Section 11.2 of the Terms of
Service.
4.3 For the avoidance of doubt,
the TIK Shop Commission Fee under this TIK Shop Terms of
Service applies in addition to the Transaction Fee under the Terms of Service.
5. TIK Shop Milk Formula Guarantee
5.1 The TIK Shop Milk
Formula Guarantee program is TIK Shop’s commitment to brand authenticity
and product freshness of each qualifying milk formula product.
5.2 Mall Buyers may apply for a
refund and return of any purchased Qualifying Milk Formula Product if such
Qualifying Milk Formula Product: (a) does not meet the TIK Shop 100%
Authentic Product Policy under Section 3 above; or (b), the expiration date of
the Qualifying Milk Formula Product is less than six (6) months from date of
first attempted delivery of such Qualifying Milk Formula Product (“Freshness
Guarantee”).
5.3 If the Qualifying Milk
Formula Product does not meet the (a) TIK Shop 100% Authentic
Product Policy in Section 5.2(a) above, the affected Mall Buyer shall be refunded
200% of the Buyer’s Purchase Monies, and (b) Freshness Guarantee in Section
5.2(b) above, the affected Mall Buyer shall be refunded 100% of the Buyer’s
Purchase Monies. All refunds shall be made through the same mode as the
original payment method, unless the payment method was cash on delivery in
which case refunds shall be made to the Mall Buyer’s E-Wallet.
5.4 TIK Shop reserves the
right to, at its sole discretion and without prior notification, reject, refuse
or exclude a Mall Buyer’s claim under this TIK Shop Milk Formula
Guarantee including (without limitation) where the claim for refund and return
is not complete, incorrect, non-compliant or non-fulfilment of any of the
applicable terms, or where there is any attempt to compromise or tamper with
the Qualifying Milk Formula Product. TIK Shop reserves the right not
to disclose the reasons for unsuccessful claims. No correspondence will be
entertained.
5.5 All of TIK Shop’s
decisions on this TIK Shop Milk Formula Guarantee are final and
binding including but not limited to determining eligible claimants, number of
submissions per claimant, legibility of photographs and submissions, time and
date cut-offs, limits to this TIK Shop Milk Formula Guarantee, and
maximum amount of refund.