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Terms and Conditions

Welcome to Palengke’s Web Platform. The Terms and Conditions presented below are accorded with legal rights and obligations with respect to the utilization of this site and your account with Palengke. If you are planning to become a member, open the website or create an account with Palengke, read carefully the terms below for a better understanding of what you are going to enter. By accessing this website or using the available resources herewith, you agree to be bound by these Terms of Use.

You may only be allowed to use the services if you are 18-years old and above, and can form legally binding contracts under the Philippine constitution of laws.

You may use the Services only if you are above eighteen (18) years of age and can form legally binding contracts under Philippine Laws.

1. Definition of Terms

  • Buyer refers to consumers or any member who has made a purchase in the site.
  • Intellectual Property refers to all copyright, trademark, trade name, patent, and other proprietary rights of Palengke that may be found in the site.
  • Palengke, We, Our, Us refer to Ami Zadelle Co., Ltd., the company running and conducting business under the name Palengke, duly organized and existing under and by virtue of the laws of the Republic of the Philippines.
  • Member refers to a person who has a verified membership with Palengke who has a valid application for membership here at Palengke.
  • Password refers to the verified and established password that a member created to use together with the username to access into the site.
  • Personal data means data provided by the consumer/member in the website that may be used to identify clients.
  • Product means any product sold and available for sale at the site.
  • Rider or Delivery Personnel refer to the authorized personnel asked to deliver the items and are authorized to collect the payment for goods delivery.
  • Services means the utilities, facilities and services available at our site.
  • Site refers to the Online Platform of Landers Superstore.
  • Store refers to the physical Filipino store of Palengke that can be found at 434 Sukhumvit 71 Road, Kwang Phrakanong Nua, Khet Wattana, Bangkok, Thailand.
  • User, You, Your refer to the person who is using the site.
  • Username refers to the unique login identification name which identifies a client as a member of the site.
  • Voucher means a voucher for credit which may be used by a client or member who acquired it to pay for a purchase made on the site.

2. Account Information

  1. To access our Site, App, or Services, you will be required to sign-up and register for an account. To sign up for an account, you must select your own unique username and password.
  2. You are solely responsible in safeguarding and maintaining the confidentiality of your password. You agree not to share or allow others to use your username and password. You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity.
  3. We encourage you to change your password regularly in order to protect your account.
  4. You shall be held accountable for all communication and/or transactions made using your account and password. Palengke shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities occurring as a result of or in connection with the wrongful or fraudulent use of your Account. If you are aware of any actual or suspected unauthorized use(s) of your Account, or loss, theft, or unauthorized disclosure of your Password, please promptly notify us at palengkeofficial@gmail.com
  5. Please provide accurate and complete information in your Account. You may at any time update your personal information by clicking here.

3. Security and Privacy

A. Palengke is fully aware of the importance of securing and making your personal information and data private. To fully understand our security and privacy policies and practices, you may refer to our Security and Privacy Policy.

4. Products

  1. We are making all possible efforts to be truthful as possible in displaying the accurate colors and images of our products that appear on our store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
  2. All descriptions of products may be subjected to change without notice, at our sole discretion.
  3. Any available offers and deals for any product or services made on this site is void when it is prohibited by law.
  4. Palengke reserves the right to:
    Limit the sales of our products or Services to any person, geographic location or jurisdiction;
    • Limit the quantities of any products or Services that we offer; and
    • Discontinue any product at any time.

5. Pricing

  1. We exert all endeavors to provide you with accurate and up-to-date pricing, product and promotional information. However, we cannot guarantee that the pricing, images or other product or promotional information provided will be error-free, updated, or complete.
  2. We shall not be held liable for any errors in the pricing and product or promotional information listed on our site or through our services.
  3. The price to be paid at checkout stations shall be based on our existing selling price at the time we receive your order, which may or may not be the same as reflected on the site at any time thereafter due to price changes.
  4. If the actual price of any item you ordered is higher than that reflected on the site or through our Services, we will notify you and you will be given an option to confirm or cancel your purchase of such item/s based on the established and correct price. If we are unable to contact you, we will tag your order in respect of the incorrectly priced item as cancelled.
  5. Where the actual price of any product is dependent on its weight, we will provide an estimate of the price based on indicated weight and our current prevailing rates at the time of checkout. The actual weight and related price of the weighted Item will be made known to you at the time of delivery and:
    • in the event of any shortfall in payment, we reserve the right to charge you for the additional amounts; and
    • in instances of any overpayment, we will reverse or refund the excess amounts paid for such items in relation with our prevailing refund policy at the time of delivery.

6. Promotions, Vouchers, Membership Privileges

Promotions

From time to time, Palengke may run promotions, raffles, surveys, promotional contents and other programs subject to terms and conditions which can be changed anytime.

Promotions are valid in specific junctures only which can be found in the site announcement section. NO Compensation or Cash benefits will be given if the promotion is no longer valid

Types of Promotion (insert promotion, sale or promo programs here)

Vouchers

 

Palengke will issue vouchers as part of our promotions subject to the following terms and conditions or as stated in the voucher Terms and Conditions:

Each Voucher Code is only eligible for a single use and is only valid for the time period specified by Palengke.

Vouchers may only be redeemed in our site during the applicable validity period.

Use of any Voucher Code must be indicated at the time of checkout, and all information needed by Palengke must be provided. No retroactive use of the Voucher Code is permitted. This is to make sure that the use of vouchers will be valid.

A minimum spend may be required before the use of a voucher.

Vouchers are not refundable or convertible to cash.

Resale, transfer and sharing of Voucher Codes are strictly prohibited.

No reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Voucher Codes is allowed.

Palengke reserves the right to verify the validity of any Voucher Code and to declare null and void any Voucher Code that in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.

Membership Privileges

 

  • Palengke members with qualifying purchases can avail of the following privileges:
  • Exclusive discounts when buying at our site or at the Physical store.
  • Earn points that are redeemable at a given period.
  • Exclusive discounts and giveaways.
  • Win gift certificates, vouchers and grocery items.
  • A chance to have exclusive discounts at any of Palengke’s partner stores.

7. Payments

A. Payments of the orders shall be made in Thailand Baht. Palengke accepts the following payment method;

  • Cash on Delivery (COD)
  • Credit/Debit Card Payment
  • Prepaid Transactions using different partners
  • Cash payment is accepted, buyers can pay the riders or delivery personnel upon receipt of the items.
  • Credit card payments are processed through our partners and subject to the terms and conditions of the selected partners. While we do not store any of your credit card information, by agreeing to use this payment method, you authorized us to transmit information or to obtain information about you from third parties involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization, to protect you and us from fraudility. We reserve the right to check whether Buyer is duly authorized to use a certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.
  • Palengke takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer in connection with the payment for the items purchased.

8. Fees

A. Membership Fee
This site is exclusive for Palengke members. To become a member, applicable fees may apply. The membership fee is covered for one (1) year from the date of application of the Primary cardholder. The membership will expire on the anniversary date of the Primary cardholder, as well as its extension. Membership fee is non-refundable and subject applicable tax.

 

B. Personal Shopper’s Fee
Palengke charges a Personal Shopper’s Fee.
Palengke charges a very minimal fee for the delivery of the products to the buyer.

9. Deliveries

A. Delivery Areas

At present Palengke delivers to selected areas near Bangkok. To find out if Palengke and all its partners deliver to your areas, please click here. Palengke will only receive and process orders within our delivery area coverage.

B. Delivery Acceptance

Groceries will be delivered using appropriate packaging materials to preserve the freshness of the goods. However, please ensure that deliveries are received within 10-30 minutes of the delivery personnel’s arrival at your doorstep.

If alcoholic beverages or any age restricted items, which minors are allowed to consume, are part of your orders, please ensure that an adult with appropriate identification is present to take the delivery. Palengke representative or our delivery partner reserves the right not to deliver age restricted items to minor/s and may charge additional re-delivery fee of 1,500 Baht subject to the availability of the next delivery schedule
If an order is cancelled, or if no one is at the delivery location to receive the order during the chosen delivery slot, PAlengke reserves the right to charge a restocking fee equal to the sum of (1) 100% of the total value of your perishable items (since our perishable items are custom-ordered and guaranteed fresh) plus (2) a re-delivery or cancellation fee (delivery fee and personal shopper’s fee).
Palengke delivers a variety of goods with different sizes, including laundry detergent, beverages, rice, etc. Given the heavy weight of some of these products, and our concern for the health of our drivers, we have purchase limits on a variety of these items on our website. Also in the interest of safety, we do not deliver to walk-ups (a building without an elevator) above five (5) floors, or deliver more than 20 kilograms above the 4th floor. In the event of a broken elevator, we also do not ask our drivers to carry groceries more than 5 floors. Our technology cannot, and does not have these limits therefore we ask our customers to abide by these service limitations, as we may limit deliveries when orders exceed these requirements. Again, this limitation exists only to protect the health of our delivery staff. We appreciate your understanding and cooperation.

 

C. Delivery Time Frame
Delivery slots are subject to availability.

Palengke will endeavor to deliver the products to your delivery address within the promised time frame but will NOT be liable for any delay caused by incorrect address and circumstances beyond our control such as but not limited to weather, traffic, transportation strike and other unforeseen event/s.

Any changes in the date or time of delivery after the submission of your order may incur an administrative charge of 150 Baht.
Bulk or volume orders may take time to fulfill and may be charged with higher delivery fee. In case your order falls in this category, our agents will reach out to you via email or SMS to get your confirmation.

 

D. Delivery Address

Palengke will endeavor to check the validity and accuracy of the delivery address registered in the site. In the event that we detect incorrect address input, we will send a notification message to correct the information to enable successful delivery.

In case your delivery address is not accessible, we will contact you to determine the best alternative location and time to make sure you receive your order. Failure to take/accept our call will result in failed delivery and may entail additional delivery fee.

In case of change in your delivery address and contact information, please edit your account information before placing your order or checking out . Please note that change in delivery address is not possible once order has been verified.

10. Cancellation, Returns & Refunds

Return or Refund: Palengke members, his extension, and Palengke agree that return or refund is subject to the following rules:

  1. Replacement or exchange will be done in Palengke Store where the item was purchased.
  2. All defective merchandise for replacement or exchange must be returned within seven (7) days from the date of purchase, along with the original Palengke sales and official receipt that shall be issued together with the delivered item.
  3. Non-food merchandise must be returned complete with original packaging, manual, and factory sales intact.
  4. Undergarments are not returnable nor exchangeable.
  5. Items considered as “Service Center” are not refundable and will be returned to an authorized Service Center to repair under the manufacturer’s warranty.
  6. Replacement or exchange of perishable items is only valid within 24 hours from date of purchase.
  7. Food items to be returned should at least be 75% intact.

11. Feedback

You may provide or submit comments, feedback, suggestions and other content or information as long as the content is not illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing or disrespectful in nature, and does not consist of or contain software viruses, solicitation or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Comment.

We may, but are under no obligation to, monitor, edit or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

12. Prohibited Use

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site, Services or Content:

  • for any unlawful purpose;
  • to solicit others to perform or participate in any unlawful acts;
  • to violate any international or domestic regulations, rules, laws, or local ordinances;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • for any obscene or immoral purpose; or
  • to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Site, Services, Content or any related website for violating any of the prohibited uses.

13. Licenses & Intellectual Property Rights

The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site, the App and all content shall vest in and only remain with Palengke and its licensors.

Consent is granted to view, electronically copied, and printed in hard copy portions of the Site for the sole purpose of placing an order for your use.

Any other use of the materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Palengke is strictly prohibited. You acknowledge that Palengke and/or other third-party content providers remain the owners of such material and that you do not acquire any of the ownership rights by downloading copyrighted material. We reserve the right to revoke this authorization at any time, and any use shall be discontinued immediately upon written notice from us.

The trademarks, logos and service marks displayed on this Site or App are the property of Palengke and other third parties, and all rights to the Marks are expressly reserved by Palengke and other relevant third parties. You are not permitted to use the name of Palengke or any Marks, including in any advertising or publicity or as a hyperlink, without the prior written consent of Palengke or such third party.

The domain name on which the Site is hosted on is the sole property of Palengke, and Palengke only. You may not use or otherwise adopt a similar name for your own use.

14. Indemnity

You agree to indemnify, defend and hold harmless Palengke, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

15. Force Majeure

No party shall be liable to any breach of performance under the Agreement by reason of any delay in performing or any failure to perform any obligations if such delay or failure is due to any event or cause beyond reasonable control. Without prejudice to the foregoing, the following events shall be regarded as events of Force Majeure:

  • Act of God, explosion, flood, tempest, fire or accident;
  • War or threat of war, sabotage, insurrection, civil disturbance or requisition, act of terrorism or civil unrest;
  • Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
  • Import or export regulations or embargoes;
  • Interruption of traffic, strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Landers or of a third party);
  • Health epidemics declared by the World Health Organization;
  • Interruption of production or operation, difficulties in obtaining raw materials, labor, fuel parts or machinery; and
  • Power failure or breakdown in machinery.

16. Amendments.

These terms and conditions may be amended at any time by posting a revised version on palengke.com/termsandconditions. The revised version shall be effective at the same time of posting. If any provision shall be changed which in a way reduces Members’ rights or increases his responsibilities, a notice by email shall be sent to the Members prior to the posting of the updated policy on the website.

17. Termination of Membership

We reserve the right to terminate or suspend any account with immediate effect upon notice for any reason whatsoever including breach of any provision of these Terms and Conditions.

Members may voluntarily terminate their account by clicking here.

18. Notices

All notices relative to the membership shall be sent to the Member’s email address provided during the registration process.

The Member may extend his/her concerns to Service Provider by sending an email to palengkeofficial@gmail.com

19. Dispute Resolution

In case of dispute arising out of Member’s use of this Site or his Membership, Member hereby agrees to submit the same to mediation. The mediation shall be facilitated by a mediator jointly chosen byPalengke and Member. Member shall shoulder the mediation fees and expenses. Member agrees to refrain from adversarial legal proceedings (except in the case of an emergency necessitating such action) while the mediation process is ongoing.

The Member agrees that in case of legal disputes or any judicial action arising from this Agreement, the venue of any court action shall exclusively be with the proper courts of Thailand, to the exclusion of all other Courts.

20. Governing Law

This Agreement shall be governed by the laws of the Republic of Philippines.

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