Terms and Guidelines for Using The Basketball Warehouse Website
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Introduction
Welcome to The Basketball Warehouse website. By accessing and utilizing our website or making purchases through it, you agree to abide by and be bound by these terms and guidelines, as well as any modifications we may introduce from time to time (Website Terms). These Website Terms also encompass our Privacy Protocol. We urge you to thoroughly review these terms to ensure your understanding and acceptance. If you do not concur with these terms, kindly refrain from using our website.
1. Information Presented on Our Website
1.1 Our website is offered “as is,” without any explicit or implied warranty, except as required by Philippine law. The information and content provided on our website are of a general nature. While we take reasonable measures to ensure the accuracy and completeness of the information and content on our website, to the maximum extent allowed by law (including, but not restricted to, Philippine consumer protection laws), we make no representations or warranties about our website and its content. This includes warranties or representations regarding the website’s completeness, accuracy, or timeliness.
1.2 We reserve the right to modify, suspend, or terminate our website or any content on it at any time, without prior notice. We cannot guarantee the security, virus-free nature, or error-free accessibility of our website or its content. By accessing our website, you accept full responsibility for any loss, damage, or consequences arising directly or indirectly from your use of our website and its content.
1.3 To the maximum extent permissible under Philippine law (including relevant consumer protection laws), The Basketball Warehouse, its officers, employees, or agents will not be liable for any losses, damages, costs, or expenses incurred (directly or indirectly) due to your use of our website and/or the information or content found therein. This exclusion remains applicable irrespective of the legal foundation of the claim, whether contractual, tortious (including negligence), equitable, or statutory. If any warranties cannot be disclaimed, our liability will be limited, at our discretion, to re-providing the relevant service, the cost of re-provision, or the repair cost of the service. We will not be held accountable for any indirect, consequential, incidental, exemplary, punitive, or special damages, losses, liabilities, or expenses.
2. Your Utilization of Our Website
2.1 Your usage of our website must align with these Website Terms. You are forbidden from using our website for any unlawful, prohibited, or inappropriate purposes or attempting to disrupt or interfere with the proper functioning of our website. This encompasses, but is not confined to, the following actions:
– Defaming, abusing, intimidating, harassing, threatening, or offending us, our employees, officers, agents, or other users of the website.
– Violating any laws or regulations, infringing on intellectual property rights, or encroaching upon the privacy rights of others.
– Uploading harmful files that could damage our property or the property of others.
– Engaging in hacking, spamming, disabling, corrupting, or otherwise impairing the functionality or performance of the website or its content.
2.2 We retain the right, at our sole discretion and without prior notice, to promptly remove any content or information that you post on our website if we believe it contravenes these Website Terms or for any other reason.
3. Third-Party Websites
3.1 Our website may feature content or links to websites operated by third parties. These are provided for your convenience and are not managed by us. We disclaim responsibility for third-party website content and do not assure the accuracy of these third-party sites.
4. Special Offers, Competitions, and Discounts
4.1 Periodically, The Basketball Warehouse may conduct special offers, competitions, or discounts via our website. In such instances, additional terms and conditions may apply to these activities. Your participation in special offers, competitions, or discount promotions is subject to these Website Terms and any specific terms and conditions provided.
5. Ownership of Intellectual Property
5.1 All content accessible on our website and all rights, titles, and interests in such content, including The Basketball Warehouse brand, graphics, text, videos, and overall visual design (our content), are either owned by us or licensed to us and are protected by copyright and other intellectual property rights. In accordance with these Website Terms, we grant you a restricted, non-exclusive, revocable, and non-transferable license to view, download, and print our content solely through the website.
5.2 You may utilize, access, and print content from our website only for non-commercial or personal purposes, provided that all copyright and proprietary notices are preserved. All other uses, copying, or reproduction of our website and its content are strictly prohibited unless expressly permitted in these terms.
6. Purchase Agreement for The Basketball Warehouse Products
6.1 This Purchase Agreement pertains to the ordering, purchasing, fulfillment, and delivery of products and gift cards (Products) from our website and is an integral component of the Website Terms. This Purchase Agreement constitutes a legally binding contract between you and The Basketball Warehouse. By placing an order, you consent to be bound by this Purchase Agreement.
Orders
6.2 Each order you place is an offer to buy the Products at the listed price, plus applicable delivery charges. All orders are subject to acceptance by The Basketball Warehouse and product availability. If accepted, each order will form a separate and binding contract between you and The Basketball Warehouse for the supply of the specified Products, as outlined in this Purchase Agreement.
6.3 The Basketball Warehouse reserves the right to accept or decline your order at its discretion. In the event of order declination after payment, a refund for the relevant amount will be provided.
6.4 Purchased Products are intended for personal use only and must not be resold or used for commercial purposes.
6.5 Product prices listed on the website are denominated in Philippine Pesos and include applicable taxes.
6.6 In the event of incorrect pricing displayed on the website, The Basketball Warehouse reserves the right to rectify pricing errors and may cancel an order before delivery.
6.7 Additional delivery charges, not initially indicated during order placement, may apply to remote areas. The Basketball Warehouse will communicate these charges, giving you the option to proceed with or cancel the order, with a full refund.
Payment
6.9 Full payment for all Products is required upon placing an order.
6.10 By submitting an order, you affirm your authorization to use the provided payment method. You authorize us to charge your payment method for the total order amount, including applicable taxes and delivery charges. Should the payment method fail verification, be invalid, or not accepted, the order may be automatically suspended or canceled. The Basketball Warehouse is under no obligation to dispatch Products until full payment is received.
Availability of Products
6.11 Product availability is not guaranteed. If a Product in your order is out of stock or undeliverable, adjustments will be made to your order, and the corresponding charge for the affected Product will be refunded.
Cancellations and order amendments
6.12 Once placed, orders cannot be canceled or modified without The Basketball Warehouse’s consent. If you wish to cancel or amend an order shortly after placement and prior to dispatch, please contact us for assistance.
Delivery
6.13 Delivery details and costs are detailed on our Shipping and Returns page.
6.14 Risk and title to Products are transferred upon delivery to the address you’ve
provided and for which full payment has been made.
6.15 While we aim to dispatch Products within specified timeframes, actual delivery times may vary due to stock availability and unforeseen events.
6.16 You may be required to provide a delivery confirmation. If you authorize the delivery without a signature, we assume no liability for any lost, stolen, or damaged Products.
6.17 Additional delivery charges resulting from delivery failure due to your error (e.g., incorrect address or inability to safely unload) will be your responsibility.
Return Policy – Basketball Rims
6.18 Our basketball equipment comes with a 7-day return policy for basketball rims, beginning from the date of delivery. The Basketball Warehouse offers a refund for change-of-mind returns on basketball rims purchased through our website, under the following conditions:
- You are responsible for return delivery costs.
- Proof of purchase accompanies the returned basketball rims.
- The basketball rims are unopened, unused, and in their original condition, including intact packaging.
- A restocking fee covers reintegration costs into our warehouse.
6.19 To initiate a change-of-mind return for basketball rims, contact us at support@thebballwarehouse.com or call +63 939 8162823.
6.20 Due to the nature of customized products, returns or exchanges based on a change of mind are not possible for these items.
Express Warranties
6.21 Certain Products include express manufacturer warranties from the product’s manufacturer. The Basketball Warehouse is not responsible for claims under these warranties. Information about Products’ express warranties can be found on our Warranty Information page.
6.22 The Basketball Warehouse assists customers in making warranty claims with the manufacturer. For assistance with warranty claims, contact us at support@thebballwarehouse.com or call +63 939 8162823.
Consumer Guarantees
6.23 Consumer guarantees not excluded by us under the Consumer Act of the Philippines remain in effect. In cases of unacceptable quality, a discrepancy from the description, or unfitness for purpose, you may be eligible for a refund, exchange, or repair.
6.24 Major faults warrant replacement or refund. Minor faults may qualify for repair instead of replacement or refund.
6.25 Returns based on consumer guarantees can be made within a reasonable time, accompanied by proof of purchase. We may arrange return postage for faulty or damaged Products.
6.26 For warranty or consumer guarantee-related returns, contact us at support@thebballwarehouse.com or call +63 939 8162823.
Refunds
6.27 Refunds, if applicable, will be processed within 7 business days. The receipt of the refund will depend on your financial institution.
Liability for the Sale and Purchase of Products
6.28 Our liability for loss, damage, costs, or expenses arising from these Terms of Sale is limited to the maximum extent allowed by law. This applies regardless of the legal basis of the claim.
6.29 If any warranty cannot be excluded, to the maximum extent permitted by law, our liability is limited to re-supplying the relevant Product or covering the cost of re-supply or repair. We are not liable for indirect, consequential, incidental, exemplary, punitive, or special damages, losses, liabilities, or expenses. Our liability for loss, damage, costs, or expenses is reduced or limited if you contribute to the loss or damage.
7. Jurisdiction
7.1 Your use of our website, purchase of Products, and these Website Terms are governed by the laws of the Philippines. You submit to the non-exclusive jurisdiction of Philippine courts.
8. Updates to These Website Terms
8.1 These Website Terms are effective from 15 August 2023. We reserve the right to update these terms without notice. Check our website regularly to stay informed about the latest Website Terms.
The Basketball Warehouse Privacy Protocol
1. The Nature of Information We Gather
The personal data we collect from you is contingent on your interactions with us. Whenever feasible, we collect personal data directly from you. This data may encompass, but is not confined to:
1.1. Personal identity details such as your name and contact information (address, email, phone number).
1.2. Age, gender, and birthdate.
1.3. Company name (if applicable).
1.4. Financial data like credit card particulars.
1.5. Device data, location, visited websites, and IP address.
1.6. Product views for re-marketing objectives.
1.7. Shopping preferences or purchase history.
1.8. Inquiries about products and services or orders.
1.9. Information submitted through our website or other communication channels.
1.10. Details furnished during contests, surveys, or promotions.
1.11. Other data you supply to us or that we collect in the process of serving you.
2. Modes of Data Collection
We accumulate personal data from you through various means, including website usage, joining mailing lists, making purchases, contacting us, or providing data indirectly.
Cookies are used to collect information automatically as you navigate our website (more details are provided below).
3. Cookies and Data Collection
Our utilization of cookies may result in automatic data collection. Cookies are small files stored in your web browser or device to identify returning visitors and enhance customization.
Cookies provide insights into customer behavior, including page visits, product purchases, and website navigation. Personal data may be included in the data collected.
Default browser settings typically accept cookies. However, you have the option to disable or delete cookies, prevent specific cookies, or receive notifications for each cookie request. Keep in mind that disabling cookies may affect the website’s functionality.
4. Gathering, Use, and Disclosure of Personal Data
We generally use and reveal your personal data for the purposes it was obtained, including:
4.1. Supplying products and services and facilitating website usage.
4.2. Sending communications, addressing inquiries, or furnishing the requested information.
4.3. Adhering to legal responsibilities, resolving disputes, investigating and detecting illegal activity, and enforcing agreements.
5. Sharing of Personal Data
Your personal data may be shared with our employees, officers, directors, or affiliated entities.
Authorized third-party service providers and contractors with whom we collaborate may access your data. This includes website hosts, payment operators, and promotional partners. We will reveal data to authorized third parties based on your instructions.
If our business or assets are transferred, your personal data may be disclosed to potential buyers or purchasers.
Data may also be divulged to regulatory bodies, law enforcement, or as required by law. We are not obligated to prevent such disclosures.
6. Promotional Communications
We may dispatch promotional communications regarding our products, services, or those of trusted third-party partners.
To cease receiving promotional communications, you can unsubscribe or revoke consent at any time. Use the unsubscribe option in our messages or contact us.
7. International Data Hosting and Transfers
Certain third-party suppliers are located outside the Philippines (e.g., Japan, China, USA).
By sharing data with these suppliers, you authorize the disclosure of data to both local and international third parties.
Appropriate steps are taken to ensure that overseas suppliers handle personal data in compliance with privacy laws. However, we cannot prevent their use (or misuse)
of the data.
8. Security of Personal Data
Reasonable precautions are taken to safeguard your personal data from misuse, loss, unauthorized access, or disclosure, as mandated by privacy laws. We use Secure Sockets Layer (SSL) encryption to secure data transmitted over the internet.
Although we strive to protect your personal data, absolute security cannot be guaranteed.
9. Third-Party Websites
We may include links to third-party websites or content on our site. These links are provided for convenience purposes only.
Clicking on these links may take you away from The Basketball Warehouse website, and privacy practices will be governed by the policies of those third parties.
10. Anonymity
You may choose to interact with us using a pseudonym or without revealing personal data. However, some services may necessitate accurate identification.
11. Access and Correction
You possess the right to access the personal data we hold about you. Requests should be directed to our Privacy Officer.
Efforts are made to ensure data accuracy. Notify us of any changes to your personal data.
If corrections or updates are necessary, please contact our Privacy Officer. Identity verification may be required.
Unused personal data will be destroyed or de-identified unless legal retention mandates otherwise.
12. Privacy Inquiries or Concerns
Queries and concerns about privacy practices can be addressed to us. All concerns will be assessed and responded to within a reasonable timeframe.
If you are dissatisfied with our response, you can contact us or lodge a complaint with the Office of the Information Commissioner.
13. Contact Information
For privacy-related inquiries, requests, or complaints, please reach out to our Privacy Officer:
Email: info@thebasketballwarehouse.com
Phone: +63 939 8162823
14. Updates to This Privacy Protocol
This Privacy Protocol is effective from August 2023. We may revise this policy without notice. For the latest version, consult our website.