Terms of Service


All web pages available at Plusivo.ph and all linked pages and subdomains ("Site"), are owned and operated by Plusivo Trading ("Plusivo.ph") or an entity affiliated with PLUSIVO TRADING and is accessed by you under the Terms of Service described below ("Terms").


Accessing the Site, using and ordering products published on the Site implies you are agreeing to be bound by the Terms of Service described below ("Terms’"). Please read these Terms carefully before using this service, because creating an Account, placing an order request or placing an Order on the Site is equivalent to the acceptance of the Terms described below.

1. DESCRIPTION OF SERVICE

PLUSIVO TRADING / Retailer – PLUSIVO TRADING with headquarters at 104 San Roque Street, Brgy. III Poblacion, Vinzons, Camarines Norte 4603, Republic of the Philippines.

Customer – any individual or legal person who creates an account on the Site and places an order request or an order no matter if they are a consumer or a professional.

Professional - any individual or legal person, public or private, who acts on account of their commercial, industrial or manufacturing activity, crafting or liberal profession in regards to their contracts with PLUSIVO TRADING.

Consumer – any individual or groups of individuals established in associations, which in regards to their contracts with PLUSIVO TRADING, act  for purposes other than their commercial, industrial, manufacturing, crafting or liberal profession.

Site – the online shop hosted at the web address plusivo.ph owned and administrated by PLUSIVO TRADING or an entity affiliated with PLUSIVO TRADING.

User –  any individual who accesses the Site.

Order – the electronic mechanism of the Site, through which the Customer  expresses their intention of buying products from the Retailer. 

Products – any product shown on the Site, Including the products mentioned in the Order, which will be  given by the Retailer to the Customer, following the Contract.

Account – the Site section which includes an email address and a password, allowing  the Customer to send their intention of buying from the Retailer.

Contract – the long distance contract between the Customer and the Retailer, without requiring the Customer and Retailer to be physically present at the same time. The main clause and goal of the Contract is the buying and selling of  the Products shown on the Site.

Side – Retailer or Customer

Site Contents – the information published on the Site which can be accessed and visualized by using electronic equipment (including, but not being limited to images, text, web design elements, scripts, software) and any email content sent to the Customer by the Retailer through electronic means and/or any other means of communication available. 

2. ONLINE SELLING POLICY

2.1. The products sold by PLUSIVO TRADING are meant to be used by Professionals, except when otherwise explicitly mentioned. Thus,  products meant to be used by consumers are distinctively marked by the phrase "Product meant to be used by consumers" visibly written on the product’s page.

2.2. Site access is allowed for any User which owns or creates an account on the Site. For Site access, the User has to accept the Terms of Service and the Personal Data Protection Policy of PLUSIVO TRADING. Each user can only own one account. Sharing an Account between multiple Users is prohibited.

2.3. The user is obliged to keep the Account access information confidential and to deny the usage of the Account by third parties.

2.4. By placing an Order, or by  expressing their intention of buying the products, the Customer agrees to the means of communication (by email or by telephone) of the Retailer, necessary for the fulfillment of the Contract. 

2.5. The Customer has the obligation to supply correct and complete information when placing an Order and/or creating an Account on the Site. Also, the Customer has to update the Account information if any changes occur.

2.6. PLUSIVO TRADING reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer in the following but not limited to the following situations :

  • online transaction failure / invalidation;
  • out of stock products;
  • non-acceptance of the Customer’s transaction card;
  • incorrect or incomplete data supplied by the Customer;
  • the activity of the Customer is damaging the Site, PLUSIVO TRADING and/or its partners;
  • consecutively returned shipments, the customer being at fault;
  • when technical errors such as software or hardware issues occur;
  • any other situation when the Customer uses the services offered by the Site in an abusive manner and uses their rights excessively to harm PLUSIVO TRADING.


2.7. The Customer is aware that the Site may be interrupted as a result of repair to or maintenance on the Site, or due to equipment malfunction, or any other reason that may be beyond the control of PLUSIVO TRADING. PLUSIVO TRADING reserves the right, at its sole discretion and without prior notice, to suspend availability of the Site and/or any Service and/or remove any Content at any time. PLUSIVO TRADING may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice.

2.8. All features, content, specifications, images, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, colors, measures and similar descriptions are approximate and are provided for convenience purposes only. PLUSIVO TRADING makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. Dimensions might also vary from the Customer’s expectations, depending on the measuring instrument used.

2.9. In the case of special offers or promotions applicable to some products, the Customer must keep in mind that the offers and promotions will only be valid as long as the available stock allows and only for a limited period of time, published on the Site and/or as displayed in the promotion rules.
 
2.10. For the fulfillment of the Order, the Retailer can contact a third party, but will still be held responsible in regards to obeying the Contract clauses.

2.11. In the case of online payments, the Retailer is not/cannot be held responsible for any additional costs  applicable to the Customer, including but not being limited to transaction fees. Only the Customer is responsible for any additional fees that are not the fault of the Retailer.

2.12. The terms of service and the personal data protection policy displayed on the Site and any other information displayed on the Site by the Retailer, will become part of the Contract. 

3. ORDERING THE PRODUCTS

3.1. On the Site, there is a list of products for sale and their prices. The customer can place an order or submit the intention of buying from the Retailer, by adding products in their basket and submitting their order or intention to place an order, on the Site.

3.2. Once the products have been added in the basket, they are available for buying only if they are physically in stock, regardless of the quantity shown on the Site. Thus, the Retailer isn’t forced to enter into the Contract if the products aren’t available anymore.
 
3.3. Adding a product into the basket, without submitting the order, doesn’t mean an order has been placed or that the product has been reserved. 

3.4. Before placing an order or submitting the intention of buying from the Retailer, the Customer can edit and check the products added in their basket.

3.5. To place orders or submit their intention of buying from the Retailer, The Customer has to supply the correct necessary information for the invoicing and shipping address. The Customer guarantees that all the information supplied is correct, complete and real, otherwise the Retailer cannot be held responsible for non-performance of his obligations under the Contract (including but not being limited to supplying or not supplying the products ordered) due to incorrect information submitted by the Customer.

3.6. As a result of submitting the intention of buying from the Retailer on the Site, this intention is inspected by an employee and after checking if the information supplied for the invoicing and delivery address is correct or if there might be other problems with the data submitted, and also after checking if the products are in stock, the employee can place an order in the name of the Customer. After the order has been placed, the Customer will get an email, by which he will be notified that his order is ready to be shipped or picked up from the shop. The moment when the Customer receives the email that he can pick up the order or that his order has been shipped, is the moment when the Retailer has entered into the contract.


3.7. By placing an order on the site, or by submitting the intention of buying from the Retailer, the Customer agrees that the Retailer can contact them by prone or by email, using the information supplied, in any situation that calls for contact with the Customer in regards to the fulfillment of the Contract..

3.8. In the case that a product is out of stock, or in other cases when the ordered product cannot be supplied by the Retailer, the Customer will be notified, by phone or by email about the situation. If the order has been already paid in advance, the Retailer has to refund the whole sum to the Customer’s Bank account in no more than 14 days from the time that the order has been placed.

3.9. The Retailer can cancel the order or the submitted intention of buying if there are any problems with the order but the order can be also cancelled without any reason, the Retailer reserves the right to cancel any order they may believe they cannot ship. The Customer will be notified by phone or by email if the cancelling of the order has occurred.

4. PRICING AND INVOICING

4.1. All the prices displayed for the products that are being sold on the Site are shown in PHP currency, with all taxes included.

4.2. The final price paid by the Customer for the products ordered is composed of the price of the products and also the shipping and handling fees. The standard shipping and handling fees through each shipping company, are displayed on the site, before the Customer places the Order or submits the intention to buy from the Retailer. If the Customer’s location isn’t located in the standard area to which the shipping company has access, then the shipping and handling fees vary according to the location of the Customer’s delivery address.

4.3. The price, payment method and payment terms will be specified in the form submitted for placing an order request. 

4.4. The invoicing will be done using the information supplied by the Customer in the form submitted when placing an order request. PLUSIVO TRADING will not be held liable for incorrect information supplied by the Customer or for the impossibility of deducing some expenses due to the incorrect information supplied by the Customer in regards to the shipping or invoicing address.

4.5. The Retailer will send the invoice to the Customer in the same shipment as the products.

5. PAYMENT TERMS

5.1. The Customer can pay the order in the following ways:

  • by cash;
  • by paypal;
  • by bank wire;
  • by card.

5.2. In the case that the products will be shipped by courier, the sum will be paid to the delivery man (cash on delivery).

5.3. If the customer chooses to pick up the products from the PLUSIVO TRADING physical shop, payment by cash or by card will be made when the products are picked up.

6. PRODUCT DELIVERY

Shipping Conditions

6.1. Product delivery will be considered successful at the moment when the Customer will receive the products at the shipping address mentioned when the order was placed, in the case of delivery by courier. In the case of products being picked up directly from the PLUSIVO TRADING shop, product delivery will be considered successful when the Customer picks up the products from the shop.

6.2. Once the Contract has been established, the Customer has the duty to accept the delivery of the products and the payment for them. If the Customer refuses the products or refuses to pay for the products, the Retailer has the right to cancel the Contract.

6.3. If the products are shipped multiple times because the Customer didn’t pick them up or refused them or didn’t want to pay for the products, the Customer is obliged to pay for the multiple shipping costs.

6.4. The Customer has to sign the shipping document with the invoice/receipt presented by the delivery man/Retailer when delivery/pick up occurs. 

6.5. At the moment of delivery, the Customer has the duty to check if the product and the wrapping is intact, as well as if any unauthorized openings of the product wrapping occurred. If the customer considers the products might be damaged, the Customer can refuse the delivery/pick up of the products.

6.6. By signing  the shipping document without any complaints,at the moment the product has been delivered to the Customer, means the product has been shipped correctly, qualitatively and quantitatively speaking. Any future complaints regarding any apparent defects of the product will not be taken into consideration.

6.7. In the case that the shipping method has been negotiated at the request of the Customer, all the risk and additional cost will fall in the duty of the Customer.