PRODUCTS, PRICING, CONTENT, AND SPECIFICATIONS

The products and services featured on the Platform (collectively, the “Products”) and their description, contents, specifications, and prices, including other applicable costs or additional fees, are subject to change at any time without prior notice. The prices of the Products may vary from those sold in physical stores.

Should SM Malls Online determine that the Products’ posted descriptions or details contain any error, inaccuracy, or discrepancy, or should it find that the placement, processing, or fulfillment of the orders or purchases be contrary to the policies of SM Malls Online or this Terms of Use, SM Malls Online shall exercise any and all applicable remedies required to resolve such issues, as it may deem necessary and without the need of any prior notice. Such remedies shall include, but are not limited to, the correction of such errors, inaccuracies, or discrepancies, and the cancellation of the placement, processing, and/or delivery of such orders or purchases.

SM Malls Online endeavors to provide an accurate description of the Products, but in no way whatsoever does it warrant that the Products’ posted description, color, information, quantity, or any other content available in the Platform be accurate, complete, reliable, current, or otherwise free from error. The weight, measurements, and all the other descriptions provided in the Platform are mere approximate figures provided only for convenience. The Products’ color displayed in the Platform may vary from its actual color, as such variation may be caused by differing mobile devices, computer systems, display outputs, or display settings.

PLACING AN ORDER

To access and use the Platform, the user is required to download the SM Malls Online application and thereafter register/set-up an account therein. During account registration/set-up, the user shall be required to provide his/her name, delivery address, electronic mail address, mobile number, and a unique password (the “User Details”). To ensure order fulfillment, the user is required and hereby warrants validity, accuracy, and completeness of the “User Details”. Failure to provide valid, accurate, and complete order details may result in late delivery or cancellation of the order.

The order shall be placed upon the completion of the “Order Form” and by clicking on the “Confirm and Pay” button. SM Malls Online reserves the right to reject all the orders placed in any other manner. The user hereby warrants the completeness and accuracy of the information he/she provided for the order he/she placed. In this regard, SM Malls Online shall not be held liable for any issue or concern arising from or in connection with incomplete, inaccurate, or incorrect information or details supplied by the user.

After the order is placed or at any time before its fulfillment, the participating/corresponding merchant (the “Merchant”) or delivery partner may contact the user to confirm his/her order details.

If the order is modified or altered in any way after its placement, SM Malls Online reserves the right to accordingly adjust the amounts payable and/or the delivery schedule, or otherwise cancel the order.

The Merchant bears the sole and complete responsibility of ensuring the Products’ proper preparation and packaging for shipment. The Merchant further warrants the proper quality and quantity of the goods delivered to the user, in accordance with the Order Form. The price of the items payable by the user shall be the listed price at the time at which the order was placed. Merchant shall provide the most current and accurate pricing information on the Platform to the user. In the event, however, that pricing errors occur or are displayed within the Platform, SM Malls Online and the Merchant reserve the right to refuse or cancel any such orders for such mispriced Products— such right to refuse or cancel an order shall remain notwithstanding any order confirmation or actual charging of the user’s credit card/bank account.

Should any order be canceled in this regard, the Merchant may either provide the user instructions to implement replacement Products or issue a notice of cancellation.

 

RESTRICTIONS, LIMITATIONS OR CONDITIONS OF PURCHASE

SM Malls Online reserves the right to limit the quantities sold in the Platform, to cancel any order at any time, and to refuse service to any user for whatever reason. SM Malls Online shall send an email notification to the user regarding any order cancellation or change in status. As a security measure, the user may be asked to provide verified information (e.g., government-issued IDs and documents) prior to the acceptance, processing, or delivery of any order. Upon delivery, the user may also be asked to present the credit cards used in the transaction and to be subjected to the delivery rider’s visual confirmation. The user confirms that he/she is of the appropriate age to purchase items that are subject to age restrictions relating to the purchase thereof. The user agrees that SM Malls Online, Merchant, and/or delivery riders may process the user’s personal information for the placement, processing, and/or delivery of the order, and to otherwise establish and verify the identity and age of the user.  The user confirms and agrees that he/she will not impersonate or misrepresent a person or entity and that you will not attempt to gain any unauthorized access to the SM Malls Online system. If after verification, it is discovered that the order is contrary to any law, rule, or regulation, SM Malls Online, Merchant, or delivery riders may cancel/refuse the placement, processing, or delivery of such order.

The user confirms and agrees that SM Malls Online may monitor, screen, or control any activity, content, or material in the Platform and any related services. The user further confirms and agrees that SM Malls Online may, at its own instance, investigate any violation of this Terms of Use and report any suspicious activity that is suspected to be in violation of laws, rules, and regulations, and take any action it may deem appropriate to address the foregoing.

PAYMENT AND VOUCHERS

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

1. Pre-payment (via Credit or Debit Card) which shall include major credit and debit card providers, such as Visa, Mastercard, JCB, and American Express. When paying using a credit or debit card, the user shall be redirected to an external website owned and operated by an independent payment gateway service provider, which shall collect and process the user’s financial information pursuant to its own terms and own policies.

2. Cash on Delivery (COD). When paying with cash upon delivery, a third-party logistics service provider (3PL) owned and operated by an independent company, shall collect your payment pursuant to its own terms and own policies.

3. E-payment (only available in GCash). When paying using GCash the user shall be redirected to an external website owned and operated by an independent payment gateway service provider, which shall collect and process the user’s financial information pursuant to its own terms and own policies.

Should the user fail to make any payment pursuant to the selected payment method or if the payment is canceled for any reason whatsoever, SM Malls Online shall cancel the order and suspend the delivery of the Products until payment is made in full.

At any given time, promo vouchers may be made available for use within the Platform. By using a promo voucher, the user understands and agrees to be bound by its terms and conditions. The creation or use of duplicate, dummy, associated, or other fraudulent accounts (hereafter, “Fraudulent Accounts”) to avail and use multiple vouchers are strictly prohibited. SM Malls Online reserves the right to cancel any order placement, processing, and delivery made through Fraudulent Accounts; it further reserves the right to terminate all such Fraudulent Accounts. Should the user place multiple orders using multiple single-use promo vouchers through suspicious user accounts, only the first order placed during the promo voucher period shall be processed; and all succeeding orders made through Fraudulent Accounts shall be canceled.

SHIPPING, DELIVERY, AND STORE PICKUP LIMITATIONS

When an order is placed on the Platform, the user shall have the following delivery options:

1. Delivery — Products shall be delivered to the shipping address supplied by the user, provided that such shipping address is compliant with our service provider’s terms and conditions, and shipping restrictions. If the user is not personally available to receive the order, he/she must execute an authorization letter with an appended copy of his/her valid ID to an authorized representative to be presented to the delivery rider. You have option to either select the Food & Beverage Express and 10KM Express Delivery, Same Day Delivery, Standard Delivery, or Nationwide Delivery

1.1. Food & beverage Express and 10KM Express Delivery

1.1.1. Orders placed the same day until the scheduled cut-off will be prepared by the Merchant, and delivered on the date the order is created. Please note that the scheduled cut-off may be changed without the user being notified. The specific cut-off time for each mall may vary, as it depends on the availability of Food & Beverage Express and 10KM Express Delivery services.

1.1.2. Delivery attempt will be done once, failure to accept the order on the attempt will result in cancellation of the order as stipulated in this Terms of Use’s Cancellation Policy

1.2. Same Day Delivery

1.2.1. Orders placed the same day until 7pm will be prepared by the Merchant and delivered on the date the order is created.

1.2.2. Delivery attempt will be done once, failure to accept the order on the attempt will result in cancellation of the order as stipulated in this Terms of Use’s Cancellation Policy.

1.3. Standard Delivery

1.3.1. Orders placed will be delivered within five days from order creation.

1.3.2. Orders placed after 5pm will be considered as the following day’s order.

1.4 Nationwide Delivery

1.4.1 The schedule of delivery of orders created under Nationwide delivery will vary depending on the shipping address of the user.

1.4.1.1 If the shipping address of the user is based on NCR, the Order will be delivered in 3-6 days from order creation.

1.4.1.2 If the shipping address of the user is based on Cavite, Rizal, Laguna, Batangas, Pampanga, Olongapo, Nueva Ecija, Bulacan, Dagupan and Pangasinan, the Order will be delivered in 7-10 days from order creation.

1.4.1.3 If the shipping address of the user is based on the rest of Luzon (except Batanes), the Order will be delivered in 9-12 days from order creation.

1.4.1.4 If the shipping address of the user is based on Luzon Islands – Masbate, Romblon, Mindoro, Marinduque, the Order will be delivered in 12 – 15 days from order creation.

1.4.1.5 If the shipping address of the user is based on Cebu, Bacolod, Iloilo, Cagayan, the Order will be delivered in 7-10 days from order creation.

1.4.1.6 If the shipping address of the user is based on the rest of VisMin (except Siquijor), the user shall expect the order 12-15 days from order creation

1.4.2 Nationwide delivery is only limited to General Merchandise.

1.4.3 Users who choose nationwide delivery as their preferred mode of delivery will be restricted to selecting items from only one store for each transaction. In other words, they cannot place an order with multiple stores if they opt for nationwide delivery; the order will be limited to products available from a single store.

1.4.4 In a case where the user purchased an order with high capacity power (e.g., battery pack or rechargeable batteries) and liquid content (e.g., ink cartridge, perfume), an additional 15 days may be observed if the shipping address of the user is outside Luzon

1.4.5 Certain remote or distant areas with limited transportation access may experience additional delays in fulfilling orders. This may result in longer delivery times for customers located in these regions.

1.4.6 Orders placed after 5pm will be considered as the following day’s order

2. In-Store Pickup — Products purchased through the Platform, which are for store pick-up (also known as “Pickup”), are subject to SM Malls Online’s Pickup Guidelines and Restrictions as follows:

2.1. When the Product is ready for pick-up, the user shall receive an email and/or SMS containing notice that the product is available for pick-up at the user-chosen Pickup store branch. Ordered Products may only be picked up at the Pickup store branch chosen during the checkout process.

2.2. If the Products stored for a pick-up are different from those purchased through the Platform, the user may return such Products to any of the Customer Service counters of any store branches for proper checking and processing in accordance with SM Malls Online’s Return and Exchange Policy.

2.3. The user may not change the Pickup store branch once the order has been processed.

2.4. The user shall have seventy-two (72) hours for General Merchandise and before closing mall closing hours, where the Pickup store branch is located, for Food and Beverage items from order creation thereof to pick-up the Product purchased through the Platform. After the lapse of the foregoing applicable periods without pick-up being effected, the order shall be deemed automatically canceled for General Merchandise and shall be deemed automatically completed for Food and Beverage items, and SM Malls Online shall not be under any obligation to ensure the availability of such Products at the designated branch. SM Malls Online may refund any payment made, in accordance with its Return and Exchange Policy.

Food orders due for delivery or in-store pick-up may not be refunded once such orders have been tagged “Acknowledged” in the Platform. Reasonable delays in delivery may be expected to occur during occasions of force majeure. SM Malls Online reserves the right to not process refunds in relation to express delivery and in-store pick up for food orders in cases where the preparation for the food items ordered has already commenced.

The user hereby confirms and agrees that the placement of Food & Beverage orders, either deliberately or through accident or mistake, which are marked as ‘Acknowledged’ by the Merchant is considered processed and irrevocable. To avoid such a mistake, the user is advised to review the list of orders in the application’s ‘Orders’ tab.

The user hereby confirms and agrees that the placement of general merchandise orders, either deliberately or through accident or mistake, which are marked as ‘Completed’ by the Merchant is considered processed and irrevocable. To avoid such a mistake, the user is advised to review the list of orders in the application’s ‘Orders’ tab.

The user hereby confirms and agrees to be bound to the third-party logistics service provider’s terms and conditions.

OTHER SM SUBSIDIARIES

Upon the use of SM Malls Online, you will enter into an agreement with other SM subsidiaries, including but not limited to, Shop SM (SM Fulfilled), SM Cinema, and SM Markets who display or offer goods/services through SM Malls Online application. The communication and agreement are strictly between you and the SM subsidiary. Payment for transaction/s for availing goods or services will be directed to the selected SM subsidiary. SM Malls Online shall have no liability or obligation for the communication and agreement between you and the SM subsidiary.

Based on your preferred transactions, you may be directed to other SM subsidiaries’ websites.

These websites are not under SM Malls Online’s control and are not liable for any errors, delays, or inaccuracies found on the website.

RETURNS

Should the user discover any issue or concern with the order he/she received (e.g. damaged, incomplete, or wrong item), he/she may contact customer support via electronic mail or application chat within seventy-two (72) hours for General Merchandise, or within three (3) hours for Food and Beverage, from his/her receipt of the order. To verify the issue or concern, SM Malls Online shall require the user to submit a copy of the order’s printed receipt, a screenshot of SM Online App basket, photos of the order’s condition upon receipt, and any other substantial evidence or information that may properly establish the claim. SM Malls Online and/or the Merchants shall consider these submissions in determining the proper resolution of the claim. If the user fails to raise any issue or concern with respect to the items received within the foregoing applicable periods, the order delivered shall be deemed to (a) have been timely delivered, in proper quality and in the correct quantity, and (b) fully compliant with all the applicable warranties under law.

REFUND AND EXCHANGE POLICY

REFUND

If a refund is deemed necessary and approved, it will be provided in the form of a voucher. This voucher can be used towards future purchases on SM Malls Online. It is important to note that the voucher cannot be exchanged for cash and has no expiry date.

Please be aware that refunds will only be issued for the affected item(s) in question and will not include the shipping fee. Our refund or exchange policy covers a range of situations, including but not limited to incomplete items, missing items, wrong items, or non-delivery of items. We are committed to resolving any issues that may arise and providing a satisfactory resolution for our users.

EXCHANGE

If an exchange is deemed necessary and the merchant is proven to be the reason for the defect in the quality of goods or imperfection in the service, the merchant shall have the obligation to fulfill the exchange of order for the user.

If an exchange is deemed necessary and the SMO Operations is proven to be the reason for the defect in the quality of goods or imperfection in the service, the SMO Operations shall have the obligation to fulfill the exchange of order for the user.

CANCELLATION POLICY

General Merchandise:

If the user ordered General Merchandise on the app, the user may cancel his/her order at any time prior to when the order is delivered to the customer for Delivery Orders or picked up by the customer for In Store Pick Up Orders.

Food & Beverage:

If the user ordered a Food & Beverage on the app, the user may cancel his/her order at any time prior to the merchant’s acknowledgement thereof.

Should the user cancel his/her order after the merchant has expressed its acknowledgement thereof, such cancellation shall not be eligible for any refund and all payments made in consideration of the canceled order are deemed forfeited.

General Merchandise and Food & Beverage:

Order placement and processing may likewise be canceled if the Products ordered are no longer available. Every order placement/creation for the goods and/or services of a merchant should first be canceled or completed before you are allowed to proceed with an order placement/creation for the good and/or services of another Merchant.

During order fulfillment, delivery riders may contact the user using the user-provided contact details. Should the user fail to respond to such calls or messages, or is otherwise beyond reach within ten (10) minutes upon the rider’s arrival at the delivery address, or should the user or his/her representative fail to receive the order within ten (10) minutes of the rider’s arrival at the delivery address, SM Malls Online reserves the right to cancel the order and process a refund according to its refund policy.

SUSPICIOUS TRANSACTIONS

Before processing delivery, all orders are validated by SM Malls Online. Orders with any of the following attendant circumstances are flagged as suspicious:

• Multiple orders placed using multiple accounts created and controlled by a single user;

• Repeated use of single-use vouchers by different users with the same user information;

or

• Using vouchers in violation of the such voucher’s terms, conditions, and mechanics.

Once an order is flagged suspicious, SM Malls Online reserves the right to cancel suspicious orders without prior notice. Should the user place multiple orders using multiple single-use promo vouchers by creating multiple SM Malls Online accounts, only the first order placed shall be processed, and all succeeding orders made through fraudulent accounts shall be canceled.

SM Malls Online reserves the right to terminate all of the user’s associated and fraudulent accounts.

TERMINATION OF ACCOUNT AND PLATFORM SERVICES

SM Malls Online reserves the right to suspend or terminate an account or use of the Platform at any time and for any reason. Should an account be suspended or terminated for whatever reason, the user shall still be liable to pay for all unsettled orders, charges, and payables he/she has placed or incurred before such account suspension or termination.

SM Malls Online further reserves the right to change, suspend, or discontinue any or all aspects of the Platform at any time, without prior notice.

 

ACCURACY OF INFORMATION

The Platform may contain typographical errors or inaccuracies and may not be complete nor current. SM Malls Online, therefore, reserves the right to correct any and all 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, availability, or any other descriptions, and accordingly SM Malls Online hereby reserves the right to cancel or refuse to accept any order placed attended with incorrect 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 SM Malls Online’s property or the property of its parent companies, 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 SM Mall Online’s express prior written consent. Nothing contained in the Platform grants nor 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 SM Mall Online’s written permission or such third-party owner, as may be applicable.

 

THIRD PARTY LINKS

From time to time, the Platform may contain links to external websites, applications, or online or digital sites or services that are not owned, operated or controlled by SM Mall Online, its affiliates, subsidiaries, or partners. All such links are provided solely for the user’s convenience and are not an endorsement by SM Malls Online, its parents, subsidiaries, affiliates, or partners. Should the user use these links, he/she will leave the Platform and such use of the said links will be at the user’s own risk. Neither SM Mall Online, nor any of its affiliates, subsidiaries, or partners are responsible for any content, materials, or any other information located on or accessible from any other website, application, or online or digital site or service. SM Malls Online is in no way responsible for examining or evaluating, and it does not warrant the offerings of, off-website pages or any other websites linked to or from the Platform, nor does it 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 SM Malls Online’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”) is and will be considered non-confidential and non-proprietary. SM Malls Online 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 include any material we deem inappropriate or unacceptable. The user agrees that SM Malls Online may disclose User Communications to the extent that such is required to be disclosed by law, by any governmental and other regulatory authority, or by a court or other authority of competent jurisdiction, without the need for any notice. The user hereby consents (i) to the collection, recording, organization, storage, updating, retrieval, consultation, use, consolidation, transfer, sharing, and/or processing of his/her personal information and sensitive personal information by SM Malls Online, its parent companies, related corporations, subsidiaries and affiliates (collectively, “SM Malls Online Group”), their agents, and authorized service providers, in order to review, process, implement or perform acts in relation to your use or access of the SM Malls Online Application and the Platform, including but not limited to the placement, processing and delivery of orders for products and services through the Platform and (ii) to the SM Malls Online Privacy Policy is found at https://www.smmallsonline.com/privacy-policy/. The user is solely responsible for creating, submitting, protecting, and safeguarding his/her personal information which he/she will provide for processing in accordance with the SM Mall Online Privacy Policy and this Terms of Use.

 

LIMITATIONS AND LIABILITY

The user agrees that neither SM Malls Online nor its parent companies, subsidiaries, affiliates, or partners, or its/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, mis delivery, 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 the use of the platform; or (h) any delays, inaccuracies, or errors or omissions in the content of the platform.

The user agrees that his/her sole remedy, if any, is from the merchant, manufacturer, or supplier of the Products, in accordance with such merchant’s, manufacturers or supplier’s warranty, or to seek a return or refund for such products in accordance with SM Mall Online’s Return and Exchange Policy.

The user agrees that SM Malls Online, its parent companies, subsidiaries, affiliates or partners, and their respective directors, officers, shareholders, employees, and agents are not liable for any and all liabilities, obligations, or claims of any kind or character arising out of or in relation to the following:

A. Application downtime/inaccessibility, such as but not limited to: connection failure, server error, transmission delay, computer viruses, and malicious and corrupting code, leading to the inability to use the service/s offered by the Platform;

B. All kinds of information made available by any party through the Platform; and

C. Use and/or access to other websites or webpage where the Platform appears or is linked, with or without advice from our agents and employees. The user agrees to hold SM Malls Online, its parent companies, subsidiaries, affiliates and partners, and their respective directors, officers, shareholders, employees, and agents free and harmless from and against any losses, claims, damages, liabilities, expenses, and/or costs of litigation, resulting from or arising out of your access, use, and availment of the SM Malls Online Application and/or Platform and the services therein. The user further agrees to indemnify SM Malls Online, its parent companies, subsidiaries, affiliates and partners, and their respective directors, officers, shareholders, employees and agents for any losses, claims, damages, liabilities, expenses, and/or costs of litigation, resulting from or arising out of the user’s access, use, and availment of the SM Malls Online Application and/or Platform and the services therein.

ACCESS TERMINATION

SM Malls Online reserves the right to immediately terminate the user’s access to the Platform without prior notice and for whatsoever reason.

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 the Platform and at page, tagged as Terms and Conditions, 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 you may send a message to us via our Contact Us page.

 

By signing the accompanying sign-up sheet or ticking the “Agree” button, you agree to the foregoing Terms of Use, to the processing of your personal information in accordance thereto, and to the SM Malls Online Privacy Policy