San Miguel Beer Delivers Website
Terms and Conditions
Please read these terms and conditions carefully before registering in, or ordering any San Miguel Brewery Inc. (“SMB”) products (“Products”) from, the San Miguel Beer Delivers Website (“Website”) of San Miguel Brewery Inc. (“SMB”). These terms and conditions shall apply to all orders of Products placed through the Website. By registering in, or ordering SMB products through, the Website, you agree to be bound by these terms and conditions.
I. PLACEMENT OF ORDERS
1. Placement of Orders. Any order for the Products placed by you in the Website shall be subject to acceptance by SMB and the relevant SMB order fulfilment partner (“Partner”) to which your order shall be relayed and which shall be responsible for selling you the Products and fulfilling your orders. An acknowledgement email will be sent to you upon completion of the placement of your orders. This does not mean, however, that your order has been accepted by SMB or the Partner but it does constitute an offer by you to buy the Products.
2. No selling of Products by SMB. SMB, through this Website, only facilitates the placement of orders for the Products. The Partner shall be responsible for selling and delivering the Products. You hereby acknowledge and agree that SMB’s responsibility to you in respect of any order you placed for the Products in the Website is limited to the transmittal of (i) such order to the relevant Partner, and (ii) the Partner’s acceptance of such orders to you, in accordance with these terms and conditions. AS SUCH, SMB IS NOT, AND SHALL NOT AT ANY TIME BE CONSTRUED AS, THE SELLER OF THE PRODUCTS ORDERED THROUGH THIS WEBSITE.
3. Minimum Orders and Lead Time. A minimum order of 1 case (24 pieces) applies for any orders placed under the Home Delivery of Products in bottles and cans. Minimum order of 1 30-liter keg applies for any order for Draft Beer Party Package. Orders for the Draft Beer Party Package should be placed at least 3 days prior to the desired delivery .
4. Registration in the Website. You must register in the Website to complete the placement of your orders . To register, you will be asked to create an account, provide your personal information (including delivery address) and nominate a password. You must keep this password confidential at all times and must not disclose it to anyone. Change your password immediately if you have any reason to believe that its confidentiality is breached.
5. Capacity to contract. By ordering Products in the Website, or registering an account in the Website, you represent and warrant to SMB that you are legally capable of entering into binding contracts and are at least 18 years old.
6. Acceptance of Orders. The acceptance of orders for the Products shall be at the entire discretion of SMB and or its Partner. A representative from the SMB 632 Beer Hotline will call you to confirm the acceptance of your order (“Order Confirmation”) within 24 hours for orders for Draft Beer Party Package or within 30 minutes for orders for Home Delivery of Products in bottles and cans. Your contract with the Partner for the purchase of the Products in accordance with these terms and conditions will only be formed when you receive the Order Confirmation. The contract will only relate to those Products that have been confirmed to you in the Order Confirmation. If you have ordered additional Products that are not in the Order Confirmation, these Products will not form part of the contract until such Products have been confirmed in a separate Order Confirmation. SMB or its Partner reserves the right to decline orders for the Products without giving any reason.
7. Order Confirmation. Your Order Confirmation forms part of the record of the agreement to deliver the Products ordered at the time and place as relayed to you in the Order Confirmation. If another person ordered Products on your behalf using your account in the Website, SMB shall deem such order to have been placed by you, and shall be subject to these terms and conditions.
Not with standing receipt of any Order Confirmation, (a) SMB or the Partner reserves the right, in its sole discretion, without limitations, conditions and/or qualifications, and without need of prior notification, to limit, change, modify or cancel any order, and/or to refuse any order to any customer for any reason attributable to the unavailability of the Products ordered, or other circumstances and conditions beyond the control of SMB or the Partner which would render impossible or delay the fulfilment of its obligations; Provided that such events shall not be caused by any negligence on the part of SMB or the Partner; and (b) it is understood by you that the delivery of your order and receipt of the payment corresponding to the same, shall constitute the sole act of final acceptance by SMB and/or its Partner of such order. Verification of any information may be required prior to the acceptance or delivery of any order.
8. Changes or Cancellation of Orders. For changes or cancellations of your order, please call the SMB 632-BEER (2337) Hotline. Changes or cancellations of orders may only be made prior to your receipt of the Order Confirmation. SMB reserves the right to refuse changes or cancellations for orders with Order Confirmation.
II. DELIVERY, RISK AND TITLE
Product ordering and delivery through the Website are only available for orders which designate delivery points in locations within Metro Manila, Laguna and Cebu. Orders for Products placed through the Website with designated delivery points outside of these areas will not be processed and entertained. [s6] Orders placed under Home Delivery for Products in cans and bottles shall be delivered within 1 hour from your receipt of the Order Confirmation, except where such orders relate to more than 5 cases of the Products.
You agree to accept delivery of the Products at the time and place of delivery as notified to you in the Order Confirmation, subject to your inspection thereof upon delivery. The Products will be at your risk from the time of delivery. You shall immediately notify SMB 632-BEER(2337) Hotline of any defects in the Products which you may discover upon delivery. Your failure to do so shall be construed as your unconditional receipt and acceptance of the Products as conforming to your order and specifications.
Ownership of the Products will only pass to you when full payment of all sums due in respect of the Products, including any delivery charges, have been received by the Partner.
Please present valid identification upon delivery of the Products.
III. PRICES AND PAYMENT
1. The prices of the Products shall be the prices in force on the date and at the time an Order Confirmation has been issued to you. While best efforts are made to ensure that prices quoted in the Website are accurate, it is possible that some prices may not be immediately updated. Prices will be verified as part of the Order Confirmation procedure and the price quoted in the Website is the price you will pay, unless otherwise advised in the Order Confirmation. It is, however, hereby understood that there is no obligation on the part of either SMB or the Partner to provide you the Product at an incorrect lower price quoted in the Website, if such error is obvious and unmistakable and could have been reasonably recognized as a mis-pricing. Unless otherwise stated in writing, the prices of the Products quoted on this Web site are inclusive of value-added and any other applicable taxes.
2. Deposit fees apply to delivery of bottled Products. You may exchange available empty bottles of the Products upon delivery as payment of deposit fees, provided that you shall advise SMB of your intent to exchange empty bottles of the Products during the Order Confirmation procedure. The Partner reserves the right not to allow any exchange of empty bottles if this has not been previously advised during the Order Confirmation.
3. Payment for all Products shall be in cash upon delivery.
IV. LIMITATION OF LIABILITY
SMB or its Partner shall not be liable for any loss, expense, injury, cost or damage of any kind or nature (such as special or consequential damages) whatsoever caused by, including but not limited to, any delay beyond the estimated time or date of delivery, non-availability of Product/s at any given time, or any failure of performance, error, omission, interruption, defect, delay in operation or transmission due to force majeure, computer viruses, line failure, fire, war, explosion, natural disaster, impossibility of transport or telecommunication networks or acts, decrees, legislation or restrictions of government or regulatory agencies, or any circumstances beyond SMB’s or its Partner’s control, and over which SMB or its Partner could not have avoided even with the exercise of reasonable care, or any indirect or unforeseeable loss suffered or incurred by customers or third parties. In any event, SMB’s and its Partner’s liability for any given transaction under these terms and conditions shall be limited to the (i) total price actually paid by you for the Products, or (ii) the replacement of the Products, at the sole option of SMB or its Partner.
The performance under any contract or these terms and conditions is deemed to be suspended for the period that the force majeure event continues, and SMB or its Partner, as the case may be, will have an extension of time for performance for the duration of that period.
V. WARRANTIES AND DISCLAIMERS
SMB AND ITS PARTNER DO NOT MAKE ANY REPRESENTATIONS OR EXTEND ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCTS OR SERVICE PROVIDED THROUGH THIS WEBSITE, OR THE CONTENTS OF THIS WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW.
THE CONTENTS OF THE WEBSITE ARE PROVIDED “AS IS.” SMB DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE FUNCTIONS OR CONTENT OF THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU HEREBY EXRESSLY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
All information communicated to SMB through this Website (“Submission”) will forever be the property of SMB. SMB will not be required to treat any Submission as confidential, and will not be liable to pay or otherwise give consideration or compensation for any Submission which it may use for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result thereof. Without limitation, SMB will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature, and will be entitled to the use thereof for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. However, personal information which you have submitted for purposes of ordering and delivery of the Products is for internal purposes only and is not sold or otherwise transferred to third parties, provided that you hereby agree that SMB may transfer or disclose any of your personal information to its Partner, subsidiaries, affiliates or other entities necessary for the purpose of carrying out the transactions contemplated herein.
Except as described otherwise, all content and materials in the Website are made available only to provide information about SMB. SMB controls and operates this site from its headquarters in Metro Manila, Philippines and makes no representation that these content and materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws
If any part of these terms and conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions capable of severance therefrom. These terms and conditions constitute the entire agreement between you and SMB relating to the subject matter hereof, and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
SMB may make changes or improvements at any time in this Website by posting. Your agreement to these terms and conditions shall be deemed to be an agreement to these terms and conditions as the same are amended, changed or improved from time to time.
The failure by SMB at any time to insist upon strict performance of any of your obligations under these these terms and conditions, or its failure to exercise any of the rights or remedies to which it is entitled to herein or at law, shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. Any waiver by SMB of any default shall not constitute a waiver of any subsequent default.
IX. GOVERNING LAW
These terms and conditions and contracts for the purchase of Products through the Website will be governed by Philippine law. Any dispute arising from, or related to, these terms and conditions and such contracts shall be subject to the exclusive jurisdiction of the proper courts of Mandaluyong City, Metro Manila, Philippines.