"Seller", "we" and "our" refers to ErgoHome, a retail brand under SUMMIT FURNISHINGS INC. under the Ergo Group of Companies associated with Ergo Contracts Philippines Inc. Headquarters: 2634 Rockefeller Street, Barangay San Isidro, Makati City, Philippines (contact number: 8843 1177 Ext. 305, Facebook Page: @ergohomephilippines, email: email@example.com).
"Buyer", "you" and "your" refers to any natural or legally defined person, individual, partnership, firm or association using ErgoHome and therefore accepting the terms and conditions of sale.
The general sales conditions apply to all sales made by ErgoHome on its retail platforms, including but not limited to transactions sourced from social media accounts, website transactions, and purchases from licensed ErgoHome showrooms. Any other conditions are only binding after written confirmation from the Seller.
The information contained on the ErgoHome website is only given as an indication and can therefore be amended without notice.
Merely placing an order or accepting an offer from the Seller constitutes an unconditional acceptance of these terms and conditions. The Buyer must be aware that no handwritten or electronic signature is needed to signify their agreement with these terms and conditions before purchasing products from ErgoHome.
ErgoHome may change these terms and conditions at any time without notice. These changes will then be applied to all subsequent orders. It is essential the Buyer reread the terms and conditions before every new purchase to be aware of changes. The buyer is responsible to keep a copy of this agreement as the agreement valid during the time of purchase will be applied for any disputes and settlement.
The Buyer is deemed to have accepted all the provisions of these conditions of sale without reservation.
All offers are valid while stocks last. If there is an estimated restock date, the offer will remain valid for seven days unless otherwise stipulated. Great care is taken to provide information on the goods available. This is done through technical descriptions and illustrative photographs provided by our marketing department. Due to research and development for products, there may be delays in updating information and images, and they should not be regarded as legally binding.
2-1. Product description
The essential characteristics of the products are listed in its description, usually with a product photograph as well as the characteristics. As ErgoHome’s research and development team is constantly improving its products, ErgoHome will not be responsible for errors or variations between the photographs and the product. Only the product description will be held as the basis for disputes and settlements. The technical composition of the products may be changed without notice by the suppliers. ErgoHome is entitled to update, improve or remove from sale any products and/or peripheral products and/or their information at any time.
Any major discrepancies between marketing material and delivered product can be resolved through the return/exchange policy within 7 days of purchase (see Article 6).
2-2. Product availability
If an ordered product is unavailable, ErgoHome can provide another product of similar quality and price. Our offers are subject to availability from suppliers and output from ErgoHome’s manufacturing facilities. We will provide ample notification should a specific product not be available for purchase via website or through our online representatives prior to confirming purchase. If only some products of your order are available, ErgoHome may need to split your order upon your approval. If products are not sent immediately after purchase, they will be sent when they become available. Should the product remain unavailable, due to reasons beyond our control, the Buyer will be informed immediately and will be given the option to wait for stock replenishment, exchange for another product, or cancel the order.
2-3. Order process
Orders are processed through our online e-commerce platform, where the Buyer can manually select items for purchase and process payment on the online platform. ErgoHome will be responsible for only the platform itself – all issues with payment arising from problems with the selected payment option will be the responsibility of the customer and his or her payment option’s provider (credit card company, bank, PayPal, etc.). An order is not confirmed until successful payment has been completed and acknowledged by ErgoHome.
A new ErgoHome Buyer may also message our online sale representatives via messenger from our advertising material. The buyer will select items after inquiry for purchase and will be quoted a total amount. Once the Buyer acknowledges the quoted price, a payment link will be sent with the invoice and transaction options or the Buyer can transfer the full amount via bank deposit, online bank transfer,
or through payment link. Your order will only be formalized after the final payment is received. The Buyer's validation constitutes an electronic signature; the equivalent to a handwritten signature between the parties. ErgoHome reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute over payment of a previous order.
2-4. Order cancellation
A ErgoHome order is automatically cancelled if payment is not received within seven (7) days. From the moment your confirm your order, the Buyer is deemed to have knowingly and without restriction or qualification accepted these terms and conditions and the prices, volumes and quantities of the products offered for sale or ordered. ErgoHome will send an e-mail to confirm the Buyer's purchase. After the e-mail confirmation is sent and the full payment received, the sale will be considered final. ErgoHome recommends that the Buyer retain either a paper or electronic record of the sale.
The prices on the website are given in Philippine Peso (PHP). Delivery and technical costs to be added will be disclosed before you confirm your order. Prices after order confirmation are final. If prices fall after you order, the Seller will not compensate you for the difference. If prices rise after your confirmed order, the Seller is committed to delivering you the original price. VAT is included in all prices. Full payment must be made to confirm orders. Any payments received less than the quoted amount will be considered a deposit, and will not be acknowledged as a confirmed order unless specifically stated and agreed. The receipt of the full payment will be made at the time of order confirmation, or on receipt of a check or bank transfer.
The products are delivered to the address specified by the Buyer when making the order. Information provided by the Buyer must be complete and verifiable. Delivery times are given in working days. No compensation or penalty will be given for any delay in delivery in any circumstance. We encourage you to inform us of any delivery delay longer than the committed schedule to allow us to investigate with the courier. Depending on the courier, inquiries may vary from same day delivery to cargo shipping over two weeks. Unless there is an agreed time or period, the contract is to be treated as including a term that the Seller must deliver the goods in any event, not more than 30 days after the day on which the contract is entered into. If the parcel is found during the investigation, it will immediately be forwarded to your delivery location. During the investigation, no refund, return or substitution can be made. You expressly agree that no major outside force preventing delivery is due to ErgoHome. Lockouts, strikes, full or partial work stoppages at ErgoHome, its suppliers or service providers, epidemics, war, requisition, fire, flood, interruption or delay in transport and legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or import of the goods etc. are regarded as major forces and exceptional events by law and the Seller is released from all liability on delivery. The Buyer will inform the Seller of the events listed above in a timely manner. In all cases, timely delivery is dependent on the Buyer upholding their obligations to the Seller.
Delivery will be made at the entrance to your home or the main entrance to the building. Individual comments and instructions by the Buyer regarding delivery are at the discretion of the third-party courier and ErgoHome cannot guarantee that they will be upheld. In the event that the delivery could not be carried out in normal conditions (such as no security code being given), the courier can deliver to a specified nearby location.
The products available on our website can be delivered in the Philippines (with courier fees shouldered by the buyer) dependent on courier timeline. For locations around Metro Manila, delivery is qualified for fulfillment within the day assuming available stocks and the order is placed within the cutoff time for same day delivery (10AM-5PM Monday to Saturday, 1PM to 5PM on Sundays and Holidays, except Christmas, Easter Sunday, and New Years Day).
Unless expressly agreed otherwise, ErgoHome will be given a free choice of the courier to deliver the goods. ErgoHome accepts transportation risks to the product until it is physically delivered to the consignee or their representative, providing that the Buyer checks the goods upon receipt, in the presence of the courier and if necessary writes upon the consignment according to the procedure below. The Seller will bear any transportation risks including loss, damage or theft. If the parcel or goods are missing or damaged or if the package has been opened, you must notify a member of the ErgoHome team immediately. You must make an accurate record of the problem upon delivery with evidence marked respectively at the corresponding time. If the Buyer unconditionally accepts the parcel at the time of delivery, does not claim issues, nor delivers the return receipt and product to an Ergo facility, the merchandise is deemed to have arrived safely and entirely. Any damages found after this period will then be considered as occurring during the Buyer’s ownership of the product, and will no longer be valid for a return based in faults of the delivered product. Depending on the issue, the Buyer may claim warranty should it cover the specific issue covered by warranty.
For any complaints and fastest response, please contact ErgoHome through the @ergohomephilippines Facebook page. All claims relating to defective goods delivered in incorrect quantities or inaccurate to the accepted offer or order confirmation should be made to the Seller with return receipt by registered post within forty-eight (48) hours of receiving the merchandise, otherwise the Buyer's right to claim will cease to exist. All returns a return/exchange/refund application, which can be requested via our online sales representatives through messaging our Facebook page at facebook.com/ergohomephilippines. Any return will be made at your own expense and risk, with the Buyer meeting the costs of transport or arranging his or her own transport. The Buyer has seven (7) days from receiving the product to return the defective goods to ErgoHome. All goods must mandatory be returned with a copy of the invoice. Defective products must be returned including all parts of the product and its accessories. Incomplete products and damaged products will not be accepted for returns, exchanges or refunds.
The Buyer is not released from their obligation to pay the invoice within the agreed time limit because they have made a claim. Refunds will only be given if the matter and receipt of goods has been duly acknowledged and accepted by ErgoHome. Expenses incurred from the return of goods for any reason whatsoever are the sole responsibility of the Buyer. No return postage will be accepted. Products manufactured according to the Buyer's specifications or custom materials, designs or deviations from ErgoHome original products cannot be returned, exchanged or refunded. ErgoHome will not be eligible for any penalty or claim of custom composition whatsoever unless expressly written and agreed upon in written signature.
6-1. Processing a Refund/Cancellation/Withdrawal
In the event of a potential refund or exchange, the buyer must fill out a refund request form (attainable by messaging our online representatives either by website or via Facebook at facebook.com/ergohomephilippines). Once the refund request is filled out, the request must be sent to a Qualified Ergo Representative along with the physical return of the purchased product in good condition and the original copy of the receipt (Buyer will shoulder transportation costs and/or arrangements and will be liable for any damages incurred during transport). Once the refund request, returned product in good condition, and original copy of the receipt is in the possession of ErgoHome, the request will be evaluated, including an inspection of product. Once the product passes inspection and the request is approved, funds will be returned to the Buyer less any transaction fees incurred during the time of purchase (such fees are variable per transaction type and provider – credit card, installment rates, etc.). The timeline for refund will be a maximum of fifteen (15) business days after the refund request approval.
Damages discovered to be at the fault of the Buyer will void the opportunity for a return/exchange. The right to cancel does not apply to the following kind of contracts:
In the case of an exchange, the return will be at the Buyer's expense. When the Buyer exercises the right of withdrawal and it is approved, ErgoHome will make every effort to reimburse you within fifteen (15) business days by bank deposit/transfer to an account chosen and specified by the Buyer. The account identified by the Buyer will be used for remittance, and confirmation from ErgoHome’s bank account confirming the transfer will act as proof of the transaction.
6-2. Processing an Exchange
To process an exchange, the Buyer must go through the refund process as stated in article 6-1. When the refund request is approved, the buyer can use the amount refunded to purchase another product of equal or lesser value of the original purchase less any transaction fees incurred during the time of purchase (such fees are variable per transaction type and provider – credit card, installment rates, etc.). If the exchanged product is a lesser value than the original purchase, the difference will be refunded to the Buyer in a maximum of fifteen (15) business days. If the exchanged product is a higher value than the original purchase, the Buyer must pay the difference before the order can be confirmed for processing and delivery. In any case, the transportation of the exchanged goods is at the expense and liability of the Buyer.
In cases of customized orders, the Buyer acknowledged that selections of specifications and finishes would be presented as accurately as possible through online media. If the Buyer cannot physically select the finishes in person, the buyer cannot claim issues for discrepancies between order and finished product. Our delivery times are only confirmed when the Buyer accepts the final designs. We refuse any responsibility for the designs that we reproduce on behalf of the Buyer. It is the Buyer's responsibility to research the designs and ensure they are satisfactory and do not copy designs already in existence. Any violation of copyright because of the Buyer's requests are the Buyer’s responsibility and must be resolved by the Buyer. In such occasions, the Buyer will be treated as the designer and concept creator, for which ErgoHome was hired to execute, indemnified of all liabilities.
The goods to be delivered and invoiced to the Buyer shall remain the property of ErgoHome until full payment has been received. Failure to pay may result in the Seller making a claim against the Buyer.
In the case of the Buyer's non-compliance with any of the above obligations, the sale will be automatically cancelled and the goods returned to the Seller as they see fit, without prejudice to any damages the Seller could claim against the Buyer, for forty-eight hours after the notice. In this case, the Seller is entitled to charge the Buyer damages worth at least 10% of the sale amount.
Any amount paid to ErgoHome cannot be considered a down payment or deposit unless explicitly stated.
Payments must be made to allow the Seller to dispose of the money on the day of invoice, unless special provision is made on the product. Website payment must be made by credit card (with at least one month's validity for a cash payment and six month's for payment in installments), attachment of bank information by secure server (to ensure security and confidentiality during the transaction) or by direct deposit. If paying via check for bank deposit, the check must be issued by a local bank in the Philippines and sent to the Philippines postal address of ErgoHome. You must either include a copy of your e-mail confirmation with your check or write on the check your order number and customer number. It should be issued in the name of the person who placed the order. The check will be cashed on receipt. Your order will be processed from the day of receipt of the funds in the ErgoHome bank account. Any costs will be borne by the Buyer. ErgoHome reserves the right to request a cashier's check if the sums involved are significant.
10-2. Supporting evidence
ErgoHome reserves the right to asks you to justify your identity, place of residence and method of payment to help prevent fraud. If we ask for this information, your order will be processed after we receive supporting evidence and documents. We reserve the right to cancel your order if we do not receive this evidence or your evidence is not deemed satisfactory.
ErgoHome carries a general warranty on its products and a lifetime service guarantee for current products in the collection. Claiming warranty for products that are no longer carried by ErgoHome will have an option to replace the product with another of equal value. Inflation will not be applied under any circumstances, and the amount that was originally paid will be the basis of the exchange.
11-1. General Warranty
Warranties are stipulated in the product description and/or marketing material of each item product. The Buyer acknowledges that warranties vary per product and the warranty for one product does not inherently apply to all products under the ErgoHome collection.
Warranties will be claimable through a warranty certificate given at the time of delivery along with the receipt. The warranty certificate will match specifically to a serial sticker found on the product. The warranty certificate may be a digital or physical copy. To claim warranty, the Buyer must bring the warrantied product (by the Buyer’s own expense and liability) to an ErgoHome facility (2634 Rockefeller St. Barangay San Isidro, Makati, Philippines OR Warehouse T2 Poblete Compound, West Service Road, Paranaque City, Philippines) along with the warranty certificate matched with the correct serial sticker. Without the warranty certificate or the matching sticker present, warranty cannot be claimed. ErgoHome is not liable for the loss of the warranty certificate, and removal of the Serial Sticker will void the warranty.
Once the warrantied product is brought to an Ergo facility, the product will be evaluated for repair or replacement. Should the product and the component to be repaired fall under the warranty policy and period of validity, the Buyer will not have to pay any extra fees. Once repaired or replaced, the warranty period will continue as established; the warranty period will not reset or be given extra time for validity.
Should a product be discontinued during the warranty period and serviceable parts are not available to execute a repair or replacement, ErgoHome will provide a replacement of equal value to you.
11-2. Lifetime Service
Lifetime Service refers to ErgoHome’s ability to make repairs on a product beyond its warranty period during the lifetime of the product’s existence in ErgoHome’s product collection. To claim, the Buyer will bring the product needing repair to a local servicing center (an ErgoHome Facility as mentioned in 11-1). The product will be assessed by a qualified Ergo representative and will quote the scope of work and the cost of the repair. If the Buyer accepts the quote, a signed conforme is required before repairs/replacement can take place. No new warranty period will be given unless specifically notarized by a qualified ErgoHome manager.
Should the product seeking servicing no longer be carried by ErgoHome, discontinued or serviceable parts no longer be available, lifetime service will also be discontinued for that product.
12. Intellectual Property
All elements of the website ErgoHome, visual or audio, whether text, layout, illustration, photograph, document or another item, including the underlying technology, is protected by copyright, trademark and patents. They are the exclusive property of ErgoHome. Any copy, adaption, translation, representation or modification of all or part of this website is strictly prohibited without the prior written consent of ErgoHome. Any reproduction, even partial, of sections of the ErgoHome website without our written consent is prohibited and could be considered a criminal offense.
The personal information we request from the Buyer is required to process your order and may be communicated to the suppliers and contractual partners of ErgoHome involved in the ordering process if deemed necessary. You may wish to receive commercial offers from our partner companies. If you do not wish to receive these offers, simply messages us via our Facebook Page at facebook.com/ergohomephilippines to express your opposition to this disclosure or to exercise your rights with respect to your personal information held by ErgoHome. Pursuant to data protection laws, in relation to computers, files and freedoms, you have the right to oppose, access and amend the data. You may ask for information about you to be corrected, completed, clarified, updated or deleted if you find it inaccurate, incomplete, ambiguous or outdated, or if its collection, use, disclosure or storage is prohibited. If you wish to exercise this right, please write to use using the contact page on the website or messaging us at facebook.com/ergohomephilippines.
The Buyer is expected to understand the characteristics of the computer network and internet, including the possibility of interruption binding, server failures, electrical or other problems (this should not be considered an exhaustive list). ErgoHome cannot be held responsible for the consequences of such computer-related problems and will be released from any liability to the buyer in such cases. The Buyer will not be eligible to make any claim for compensation or seek any penalty against ErgoHome whatsoever for the above problems.
If one or more provisions of these terms and conditions is held to be invalid or is declared as such by any law, decree, regulation or final decision of a competent court, all other provisions will remain in full force and effect.
These general conditions of sale are subject to Philippines law. Records and computer files of ErgoHome will be considered by all parties as proof of communication, orders, payments and transactions between the parties, unless proven otherwise. Any aspect of the execution and cessation of the contract between the parties that cannot be settled amicably will be subject to the Philippines courts. If ErgoHome does not take advantage of one of the conditions of sale in the present does not mean they cannot do so later.
In all legal disputes, regardless of nature or cause, the courts of Makati City, Philippines, will have jurisdiction in cases of emergency proceedings, appeals and multiple defendants. Acceptances, drafts, moneys orders and conditions do not bring exemptions from this clause.