Terms of Use

PRODUCTS, PRICING, CONTENT, AND SPECIFICATIONS

The products and services featured on the Platform (collectively, the "Products") and its contents, specifications, and prices and other applicable costs or additional fees are subject to change at any time, without need of prior notice. The prices of the Products may be different from that sold in physical stores.

ShopSM endeavors to provide an accurate description of the Products, but we do not warrant that such description, color, information or other content available in the Platform are accurate, complete, reliable, current or free from error. The weight, measurements and other descriptions provided in the Platform are approximate figures and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of the Products, including the available colors. However, the color you see in the Platform may differ from the actual color, depending on your mobile device, computer system, monitor, and/or other display features.

PLACING, MODIFYING, OR CANCELLING AN ORDER

You may place an order by completing the “Order Form” in the Platform and clicking on the “Check Out” button. ShopSM will not accept orders placed in any other manner. You shall be responsible for ensuring the completeness and accuracy of the information provided for the order placed. You agree that you will not be allowed to modify your order or cancel it once it has been fulfilled. The only time you will be able to cancel your order is if your order's status is marked "Unfulfilled" in your Order History page. 

RESTRICTIONS, LIMITATIONS OR CONDITIONS OF PURCHASE

ShopSM reserves the right, without prior notice, to limit the quantities sold in the Platform, to cancel any order at any time, and/or to refuse sale or service to any customer. We will notify you through the email address you provided for any cancellation or change status in your order. We may also require verification of information prior to the acceptance and/or shipment of any order.

PAYMENT AND VOUCHERS

All prices indicated in the Platform are in Philippine Peso. When an order is placed in the Platform, you have the following payment options:

  1. Prepaid (Credit or Debit Card and e-Wallets)
    Most major credit and debit cards, such as Visa, Mastercard, JCB and American Express, and e-Wallets such as GCash, PayMay, and GrabPay are accepted. When you pay using your credit or debit card or through our e-Wallet partners, you will be redirected to another website owned and operated by an independent payment gateway service provider, which shall collect and process your financial information pursuant to its own terms and own policies. 
  2. Cash on Delivery (COD)

If you fail to make any payment pursuant to the payment method selected or payment is cancelled for any reason whatsoever, ShopSM will cancel the order and suspend delivery of the Products until payment is made in full.

At any given time, promo vouchers may be made available for use in the Platform. By using the promo voucher, you understand and agree to be bound by its terms and conditions.

INVOICING

ShopSM will issue a physical sales invoice to you along with your delivered order. 

SHIPPING, DELIVERY, AND STORE PICKUP LIMITATIONS

When an order is placed in the Platform, you have the following delivery options:

  1. Delivery
    Product(s) will be delivered to an address designated by you, as long as that shipping address is compliant with our service provider’s shipping restrictions and in accordance with its terms and conditions. If you will not be personally available to receive your delivery, please provide an authorization letter and a copy of your ID to an authorized representative for timely releasing of your order.
  2. Store Pickup
    Products purchased through the Platform, which are for store pick-up (also known as “Click   Collect”), are subject to ShopSM’s Click   Collect Guidelines and Restrictions as follows:
    • When the Product is ready for pick-up, you will receive an email and/or SMS containing message that the Product/s is available for pick-up at your chosen Click   Collect store branch. Ordered Products may only be picked up at the Click   Collect store branch chosen during the checkout process.
    • SMS sent to you will also contain a One-Time Pincode (OTP). Present your OTP to the Click   Collect representative of the chosen store branch.
    • If the OTP has been lost for whatever reason, you have to contact Customer Care to request for resending of OTP. The OTP will only be sent to the mobile number indicated in the “Order Form”.
    • If the product stored for pick-up is different from the product purchased through the Platform, you may return the item at any of the Customer Service counters of any store branches for proper checking and processing in accordance with our Return and Exchange Policy.
    • You have five (5) days from receipt of the e-mail and/or SMS to pick-up the Product purchased through the Platform. After the lapse of the said period, we will not be under any obligation to ensure the availability of the Product at the designated branch. We may cancel the order and refund the payment made, if any, in accordance with our Return and Exchange Policy.
    • You may not change the Click   Collect store branch once the order has been processed.
RETURN POLICY

Return and exchange of Products are subject to the ShopSM’s Return and Exchange Policy

REFUND POLICY
Refunds shall be provided to customer for valid unfulfilled orders:

1) Prepaid - Customer has the option to have the amount refunded via ShopSM voucher or via chargeback in their respective bank partners or e-Wallets.
2) Cash on Delivery - Customer shall be refunded in the form of ShopSM voucher corresponding to the amount for refund.

TERMINATION OF ACCOUNT AND PLATFORM SERVICES

We may suspend or terminate your account or your use of the Platform at any time, for any reason. We reserve the right to change, suspend, or discontinue all or any aspect of the Platform at any time, without prior notice. However, you are personally liable for any orders or charges that you incur prior to the termination or suspension of your account and/or Platform services.

ACCURACY OF INFORMATION

The Platform may contain typographical errors or inaccuracies and may not be complete or current. ShopSM therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability of information.

INTELLECTUAL PROPERTY

All information and content available in the Platform, including but not limited to, trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") are our property or the property of our parents, subsidiaries, affiliates, partners or licensors, and are protected by international laws, including laws governing copyrights and trademarks.

Except as required under applicable law, neither the Content nor any portion of the Platform may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent. Nothing contained in the Platform grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Platform, without our written permission or such third party owner, as may be applicable.

THIRD PARTY LINKS

From time to time, the Platform may contain links to websites, applications, or online or digital sites or services that are not owned, operated or controlled by SM Mart, Inc. or our affiliates, subsidiaries or partners. All such links are provided solely as a convenience to you and are not an endorsement by us, our parents, subsidiaries, our affiliates or our partners. If you use these links, you will leave the Platform and your use of the said links will be at your own risk. Neither SM Mart, Inc., nor any of our affiliates, subsidiaries or partners are responsible for any content, materials or other information located on or accessible from any other website, application, or online or digital site or service. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Platform, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions.

USER INFORMATION

Other than Personal Data as defined under Republic Act No. 10173 (Data Privacy Act of 2012), which is subject to ShopSM’s Privacy Policy, any material, information, suggestions, idea, concept, know-how, technique, question, comment or other communication you transmit, upload, or post to or through the Platform in any manner ("User Communications") are and will be considered non-confidential and non-proprietary. ShopSM may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, deletion and manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. However, we retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

LIMITATIONS AND LIABILITY

You agree that neither we nor our parents, subsidiaries, affiliates or partners, or our/their respective directors, officers, shareholders, employees and agents will be responsible or liable for any ordinary, direct, consequential, incidental, special, punitive or exemplary damages or any other losses or liabilities arising out of (a) the use or inability to use the platform; (b) any decision made, action or inaction taken by any party in reliance upon the contents of the platform; (c) business interruption; (d) delay/interruption in access to the platform; (e) data non-delivery, misdelivery, corruption, destruction or other modification; (f) loss or damages of any sort incurred as a result of accessing the third party links on the platform; (g) computer viruses, system failures or malfunctions in connection with use of the platform; or (h) any delays, inaccuracies, errors in or omissions in the content of the platform.

You agree that your sole remedy, if any, is from the manufacturer or supplier of the products, in accordance with such manufacturer's or supplier's warranty, or to seek a return or refund for such products in accordance with our Return and Exchange Policy.

GOVERNING LAW

This Terms of Use shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

REVISIONS TO THE TERMS OF USE

Our online services will continue to evolve to bring you new features and services and to implement technological advances. As a result, we may change this Terms of Use from time to time without prior notice. Revised versions of this Terms of Use will be posted on this page, together with an updated effective date. In some cases, we may also send an email or other communication notifying users of the changes. You should check this page periodically to see if there are any recent changes to this Terms of Use. By downloading, installing, accessing, or using any of our online services after we post any such changes, you agree to the terms of this Terms of Use as modified.

If you have any questions relating to the Platform, please refer to Frequently Asked Questions or send us a message by clicking on the chat button at the lower righthand portion of the page.