Terms and Conditions
Terms and Conditions
Welcome to the Anotoys Collectibles website (the “Site”). The Site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Site (the “Terms”). Access to and use of the Site is conditioned upon acceptance of and compliance with these Terms. By accessing the Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, then you do not have permission to access the Site. By using the Site, you represent and warrant that you are of legal age to form a binding contract or have the consent of a parent or guardian who is of legal age.
When you create an account on our Site, you represent and warrant that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. We reserve the right to refuse service or terminate accounts in our sole discretion.
By creating an Account on our Site, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer or account. You may not share your account, username, or password with any other party or use the account, username, or password of any other party. You will be solely responsible for all activities undertaken and all obligations made by you or through your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
To the extent that the Site allows you to link your account to any social networking or other online accounts, you may only link your own accounts. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent, and permit us to access, use and, in some cases, store your account information.
By placing an order with us for any product or service made available through the Site, you represent and warrant that (i) you have the legal right to use the payment method provided, (ii) you are of legal age and capacity to form a binding contract, and (iii) all information you provide to us in connection with such order is true, accurate, and complete.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per account, per IP address, per billing information, per postal address, per credit card or per order. If we make a change to or cancel an order, we will attempt to notify you. We further reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
All features, specifications, products, prices, discounts, promotions, and offers described on our Site are subject to change at any time, without notice. We have made every effort to accurately display our products, but images on the Site may not exactly match the actual product. All prices displayed on the Site are in Philippine Pesos (PhP) unless otherwise noted. We will add applicable sales taxes and shipping fees as necessary. The risk of loss and title for products purchased pass to you upon our delivery of the products to the carrier.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
RIGHT TO CHANGE THE SITE
We reserve the right to modify or suspend the Site, or any service, content, feature or product offered through the Site, or terminate your right to access or use any portion of the Site, with or without notice, at any time in our sole discretion. You agree that we shall not be liable to you or to any third party for any modification, suspension, or restriction of the Site or any portion thereof.
ACCESS TO AND USE OF THE SITE
You agree to access or use the Site solely for legal purposes as allowed by these Terms. Amongst other things, you agree not to:
- hack into the Site, or modify another website so as to falsely imply that it is associated or affiliated with the Site;
- damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of the Site;
- violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); or
- access or attempt to access any password-protected, secure or non-public areas of the Site without our express permission.
CONTESTS, SWEEPSTAKES, AND PROMOTIONS
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, and video clips, and the copyrights, trademarks, trade dress, or other intellectual property in such materials (“Anotoys Content”), are owned, controlled or licensed by Anotoys Collectibles. The Anotoys brand name and Anotoys Collectibles logo are registered trademarks of Anotoys Collectibles. The Site and the Anotoys Content are intended solely for personal, non-commercial use. You may download or copy the Anotoys Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Anotoys Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Anotoys Content or the Site.
Any third-party content, products, or services posted on, transmitted through, or linked from the Site are the sole responsibility of the third-party originator. If you choose to access any third-party content, you do so at your own risk. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE OR ANY THIRD-PARTY CONTENT, PRODUCTS, OR SERVICES.
DISCLAIMER OF WARRANTIES AND LIMITATION ON DAMAGES
THE SITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, DISCLAIMING ALL WARRANTIES, INCLUDING SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE ASSUME NO LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, OR FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE.
Anotoys Collectibles, its subsidiaries, affiliates, and its licensors do not warrant that: a) the Site will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the above limitations or exclusions may not apply to you.
In no event shall Anotoys Collectibles, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use ,or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You shall defend, indemnify, and hold harmless, Anotoys Collectibles, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, agents, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to (i) your use or misuse of the Site; (ii) violation of these Terms; (iii) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity; or (iv) any User Content you submitted. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
We respect intellectual property rights and will remove or disable access to any material on the Site that infringes any copyright after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any content on the Site violates your copyright, please provide our copyright agent with the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- An description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
GENERAL LEGAL PROVISIONS
These Terms are governed by the laws of the Philippines without regard to conflicts of laws principles, as if this were a contract wholly entered into and wholly performed within the Philippines. You hereby consent to the exclusive jurisdiction and venue of courts in the Philippines for all disputes arising out of or relating to accessing or using the Site. Access to or use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. All rights not expressly granted herein are hereby reserved.
PREODER & PREORDER DEPOSIT
Pre-Orders are considered binding agreements between ANOTOYS and CUSTOMER. ANOTOYS commits to reserve a number of Pre-Ordered products to pre-ordering Customers and to deliver such Pre-Ordered products once CUSTOMER complete settles the balance of the price of the Pre-Ordered product.
The deposit for the Pre-Ordered product (“Pre-Order Deposit”), whether paid partially or in full of the total pre-order price, guarantees the allocation of the Pre- Ordered product to the Pre-Ordering Customer. This deposit is non-refundable and non-transferable.
a. Once a Pre-Order is placed and the corresponding Pre-Order Deposit is paid, ANOTOYS shall secure and commit this Pre-Order to the respective supplier of the product.
b. In the event that the CUSTOMER cancels his/her Pre-Order for whatever reason, ANOTOYS shall forfeit the Pre-Order Deposit to cover for related costs/expenses.
c. ANOTOYS shall reserve the right to refuse acceptance of future Pre-orders from CUSTOMERS who made Pre-Order cancellations in the past.
PREODER AVAILABILITY & BALANCE SETTLEMENT
a. Once a Pre-Ordered product is available, ANOTOYS shall inform the CUSTOMER through his/her contact information provided in his/her registered account with ANOTOYS. ANOTOYS will also send CUSTOMER a notice to pay/settle the balance (including shipping, if applicable) of the pre-order price (“Notice to Pay/Settle”).
b. CUSTOMER shall have ten (10) days from the date of Notice to Pay/Settle to pay the balance (including shipping, if applicable) of the pre-order price.
c. If CUSTOMER fails to settle the balance price of the Pre-Ordered product after the ten (10) day period provided under Clause b., ANOTOYS shall forfeit CUSTOMER’s Pre-Order Deposit. ANOTOYS may dispose, at its sole discretion and in any manner deemed fit, the unsettled Pre-ordered product(s) after the ten (10) day period.
d. Upon full payment of the balance of the pre-order price, ANOTOYS shall deliver the Pre-Order product within the period provided in the Delivery Clause.
e. It is the responsibility of CUSTOMER to provide current and correct contact information and inform ANOTOYS through applicable modes of communication (e.g. landline, mobile, e-mail, social media and text message) of any changes in his/her contact information and/or shipping details.
f. ANOTOYS shall not be liable in the event that CUSTOMER was not informed of product availability and/or non-receipt of Notice to Pay/Settle due to CUSTOMER’s wrong contact information and/or shipping details or due to any circumstance and/or fault attributable to the CUSTOMER.
g. Multiple Pre-Orders of various Pre-Order products with different availability dates is allowed. ANOTOYS shall deliver each Pre-Ordered product within ten (10) days from full settlement of such Pre-Ordered product’s balance price. If CUSTOMER fails to settle the balance of the pre-order price of such Pre-Ordered product within ten (10) days from the date of Notice to Pay/Settle, ANOTOYS shall forfeit the Pre-Order Deposit for such Pre-Ordered product and ANOTOYS shall not anymore be obliged to deliver such Pre-Ordered product to CUSTOMER. ANOTOYS may dispose, at its sole discretion and in any manner deemed fit, the unsettled Pre-Ordered product(s) after the ten (10) day period.
h. If the tenth (10) day falls on a non-operating day of ANOTOYS or is a declared public holiday in the Philippines, the last day to settle the balance of the Pre-Ordered product’s price shall be the next business day.
ANOTOYS shall not be deemed in breach of this Pre-Order Terms or otherwise liable by reason of any delay in the performance or non-performance of any of its obligation under this Pre-Order Terms to the extent that such delay or non-performance is due to an act of nature or any other cause beyond ANOTOYS’ control.
EXCHANGE AND REFUND
a. Most, if not all, of the products sold by ANOTOYS are sealed, unless otherwise indicated in the item description found in ANOTOYS’ website. However, there may be instances where the products have production defects such as discoloration, missing accessories, loose joints and other similar defects which are beyond ANOTOYS control. ANOTOYS understands the CUSTOMER’s needs and will be offering various possible solutions on a case-to-case basis.
b. CUSTOMER shall first inform ANOTOYS through any applicable mode of communication (e.g. landline, mobile, e-mail, social media and text message) of any exchange or return of a product or refund of payment.
c. CUSTOMER may exchange a Pre-Ordered product within two (2) days from receipt, provided that ANOTOYS delivered a wrong product.
d. CUSTOMER may refund payment within two (2) days from receipt, provided that the reason for the refund are any of the following:
i. Delivery of a wrong product;
ii. Impossibility to deliver the total number of multiple products due to circumstances beyond the control of ANOTOYS. The refund shall apply to the undelivered products.
e. CUSTOMER shall pay for the shipping fee in case a product is returned to ANOTOYS in accordance with Exchange and Refund Clause c. and d. (i).
f. Damages on the product(s), its accessories and/or its packaging due to CUSTOMER’s mishandling and/or failure to read the product’s instruction manual (if applicable) or due to any negligent act attributable to the CUSTOMER are not considered valid reasons for the its exchange or refund of payment.
Our customers cannot cancel orders but Anotoys has the right to refuse purchase of a customer or we can cancel an order with money back guarantee.
We are partnered with various logistics partner capable of delivering nationwide (Philippines) and even worldwide.
We have a daily cutoff of 11:00am GMT to confirm all orders and payments. All orders cleared before the daily cutoff are endorsed to our logistics partner in the afternoon of the same day. Routing ot the deliveries begin the following day.
Delivery Commitment of our Logistics Partners are as follows:
1 to 3 working days Metro Manila
2 to 5 working days Luzon, Visayas & Mindanao
5 to 7 working days for areas out of Delivery Zone
1 to 2 weeks for international deliveries.
Delivery schedules may change during public holidays, in which case, advisories will be posted on the ANOTOYS Collectibles Website as well the social media pages
Delivery lead time may slightly be affected during the peak seasons of October to January
CUSTOMER agrees that the period provided in this provision are only estimates and is subject to change. ANOTOYS does not represent or warrant that it will be able to deliver the Pre-Ordered product(s) within the estimated period.
LIMITATION OF LIABILITY
ANOTOYS shall, under no circumstances, be held liable for any incidental or consequential damages of any nature whatsoever arising out or related to this Terms and Conditions.
RIGHT OF THIRD PARTIES
This Terms and Conditions does not intend and is not intended to create any right or remedies in favor of or otherwise benefit any person other than ANOTOYS and CUSTOMER. A person who is not a party to this Terms and Conditions has no right under any law to enforce any provision of this Terms and Conditions.
a. This Terms and Conditions constitutes the complete and entire agreement between ANOTOYS and CUSTOMER relating to purchase of products found in ANOTOY’s website and supersedes any prior drafts, agreements, undertakings, representations, warranties and arrangements of any nature.
b. If any provision of this Terms and Conditions shall be prohibited by or adjudged by a court to be unlawful, void or unenforceable, such provision shall to the extent required be severed from this Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of this Terms and Conditions and shall not in any way affect other circumstances or the validity or enforcement of this Terms and Conditions.
GOVERNING LAW AND JURISDICTION
Any dispute arising in connection with this Terms and Conditions and interpretation thereof, including any question regarding its existence, validity or termination, shall be governed by, and construed in accordance with, the laws of the Philippines and shall be referred to, and finally resolved by, arbitration in accordance with the Alternative Dispute Resolution Act of 2004 (R.A. 9285). The place of mediation shall be Taguig City.