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Welcome to America Mall. where America Mall-registered Buyers will be able to enjoy the rights and privileges described in these America Mall Terms of Service (these “America Mall Terms of Service”) when purchasing Mall Items (defined below) on America Mall from any of our participating Sellers that have been carefully selected by America Mall (such Sellers, “Mall Sellers”, and such Buyers, “Mall Buyers”). If you are a Mall Buyer, you will be deemed to have consented to the terms and conditions described in these America Mall Terms of Service when you make purchases on America Mall. Similarly, if you are a Mall Seller, you will be deemed to have consented to the terms and conditions described in these America Mall Terms of Service by your continued participation in America Mall. These America Mall Terms of Service supplement the Terms of Service and the other America Mall Policies, of which these America Mall Terms of Service forms a part – please read the Terms of Service and the other America Mall Policies available on the Site as they contain important information regarding your rights and obligations. Any terms that are used in these America Mall Terms of Service that are not defined here will have the meanings given to such terms in the Terms of Service and/or the applicable America Mall Policy. All terms and conditions described in these America Mall Terms of Service are subject to change at America Mall’s discretion pursuant to the Terms of Service.

1. America Mall Refunds and Return Policy

1.1 Mall Buyer may apply for a refund and/or return of an item purchased on America Mall (a “Mall Item”) by completing the return/ refund request on the Site and returning the Mall Item as described below at any time within seven (7) calendar days after the date that Mall Item was first made available for Mall Buyer to take delivery (the “Free Return Period”). Usually, that date would be the date Mall Buyer received delivery of the Mall Item; however, if Mall Buyer did not receive the Mall Item because of Mall Buyer’s absence from the destination address or Mall Buyer’s failure to input the proper destination address, that date would be the date on which delivery attempt was first made.

1.2 Please note that Mall Buyer must ship or drop off the Mall Item to or at a location designated by America Mall within five (5) days after the return request is raised and in any event no later than the last day of the Free Return Period. All Mall Items that are returned must be returned via a courier designated by America Mall by no later than the last day of the Free Return Period. America Mall reserves the right to reject any application where the Mall Item was dispatched later than five (5) days after the return request is raised.

1.3 The approval of your request for refund and return will be made by America Mall in its sole discretion after reviewing your completed refund/return request and inspecting the condition of the Mall Item that was returned.. Mall Buyer acknowledges and agrees that America Mall’s decision is final, conclusive and binding, and covenants and agrees that it will not bring suit or otherwise assert any claim against America Mall or its affiliates in relation to such decision. The Mall Item that was returned to America Mall must be, at a minimum, in the following conditions:

● New and sealed condition;
● Complete, with all items included in the purchase; and
● With original product packaging and price tags.

If any additional conditions apply to a certain Mall Item, America Mall will inform you via the Site, SMS or email. The conditions for the Mall Items subject to return are referred to as the “Return Conditions”.

1.4 In addition, please note that certain types of Mall Items may be excluded from the Refunds and Return Policy described in these America Mall Terms of Service, including:

● Digital goods, such as mobile top-up cards, audio or video recording or software;
● Goods that are perishable or may otherwise deteriorate or expire rapidly, such as groceries; and
● Goods that are not suitable for return due to health protection or hygienic reasons, such as cosmetics, swimwear and underwear.

If any Mall Item is excluded from the Refunds and Return Policy described in these America Mall Terms of Service, America Mall will make reasonable efforts to publish that information on our Site or otherwise inform the Mall Buyers; however, please note that our policies may change without notice at any time and certain Mall Items may be subject to exclusion after Mall Buyer has purchased them. Any Mall Item that is subject to exclusion from the Refunds and Return Policy described in these America Mall Terms of Service is referred to as an “Excluded Item”.

1.5 America Mall reserves the right to (a) add to or otherwise amend the list of Excluded Items and/or the Return Conditions and (b) amend, terminate or suspend the Refunds and Return Policy described in these America Mall Terms of Service (including the length of the Free Return Period), in each case, at any time in its sole discretion.

1.6 America Mall may reject in its sole discretion any returned Mall Item (and the related request for refund and return):

● That is an Excluded Item;
● That does not meet the Return Conditions; or
● If the Mall Item was returned in a manner that does not comply with Section 1.2 above.

Please note that America Mall’s determination will be based on the list of terms of conditions in effect at the time of such determination (including the list of Excluded Items, the Return Conditions and the Free Return Period), and therefore pursuant to Section 1.5 above, such list of Excluded Items, the Return Conditions and/or the length of Free Return Period may be different from those in effect at the time Mall Buyer has completed the refund/return request and/or returned the Mall Item.

If America Mall rejects a request for refund and return, America Mall will organize the delivery of such Mall Item to the relevant Mall Buyer’s address to which the Mall Item was originally delivered, and America Mall shall be entitled to seek compensation from such Mall Buyer for any costs incurred in delivering the Mall Item back to such Mall Buyer.

1.7 America Mall reserves the right to terminate a User’s access to America Mall if it suspects any abuse of the Refunds and Return Policy described in these America Mall Terms of Service and, if America Mall deems appropriate, may also impose penalties (including recovery of any fees or charges incurred as a consequence of such abuse).

1.8 The Refunds and Return Policy for Mall Items described in these America Mall Terms of Service are in addition to the general Refunds and Return Policy described in the Refunds and Return Policy. If there is any inconsistency, the Refunds and Return Policy described in these America Mall Terms of Service will prevail in respect of Mall Items.

2. Mall Seller Terms and Conditions

2.1 If you are a Mall Seller, you should have received a separate written notification from America Mall informing you of your selection to participate in America Mall. If you decide not to participate in America Mall at any time, please inform America Mall in writing; otherwise, you will be deemed to have elected to continue your participation in America Mall and consented to the terms and conditions set out in these America Mall Terms of Service.

2.2 Each Mall Seller warrants that the Mall Item it offers on America Mall and actually delivered to Mall Buyer (a) complies with (i) applicable law and (ii) the specifications listed (and made available to Mall Buyer) on the Site, including any and all product warranties, specifications, drawings, samples, performance criteria and all applicable quality, safety and hygiene requirements, and (b) will be free from defects. Each Mall Seller understands and agrees that it will be responsible for any non-conformity or defect in, or any public or private recall of, any of the Mall Items, and will hold America Mall harmless from any losses relating to the foregoing.

2.3 If a Mall Seller is found to have offered or sold any Mall Item on America Mall that is restricted under America Mall’s Prohibited and Restricted Items Policy, America Mall reserves the right to, at its sole discretion, remove the offending Mall Items from America Mall, and execute refunds (and any adjustments) to Mall Buyers who have purchased such Mall Items (even if Mall Buyers did not comply with any of the requirements described in Section 1 above), in which case Mall Seller agrees to reimburse America Mall for all such refunds (including any related costs and charges) and authorizes America Mall to deduct such amounts from any amounts payable to Mall Seller or take such other action as deemed appropriate by America Mall in its discretion.

2.4 America Mall’s determination to approve a refund or return of a Mall Item pursuant to Section 1 above is binding on the relevant Mall Seller. Mall Sellers agree to comply and do all such things as necessary to give effect to a Mall Buyer’s request for a refund or return approved by America Mall.

2.5 For any refund or return request approved by America Mall, America Mall will organize the delivery of the relevant returned Mall Item to the address provided by the relevant Mall Seller to America Mall in writing for the completion of the refund and return process, at no additional cost to such Mall Seller so long as such address is in the country in which the relevant Mall Item was listed for sale on the Site (a “Local Address”). If Mall Seller fails to provide a Local Address for return of the returned Mall Item or otherwise fails to accept delivery of the returned Mall Item within a reasonable period of time (as determined by America Mall), America Mall reserves the right to dispose of such Mall Item in any manner it sees fit and Mall Seller shall be deemed to have forfeited all rights to such Mall Item.

2.6 Notwithstanding the above, America Mall may determine at its sole and absolute discretion that a Mall Item approved for refund or return shall not be returned to Mall Seller, and Mall Seller shall be deemed to have forfeited all rights to such Mall Item.

2.7 For any refund or return rejected by America Mall where the relevant Mall Item was received by America Mall, America Mall will organize the delivery of such Mall Item to the relevant Mall Buyer’s address pursuant to Section 1.6 above.

2.8 Where America Mall approves any refund or return request, Mall Seller may appeal such decision by contacting America Mall and providing evidence in support of such appeal. If America Mall upholds Mall Seller’s appeal, it will disburse all or part of the Buyer’s Purchase Monies to Mall Seller. Mall Seller acknowledges and agrees that America Mall’s decision is final, conclusive and binding, and covenants and agrees that it will not bring suit or otherwise assert any claim against America Mall or its affiliates in relation to such decision.

3. America Mall 100% Authentic Product Policy

3.1 All products listed by Mall Sellers must be 100% authentic.

3.2 Counterfeit products are prohibited from being listed in America Mall. The term “counterfeit” encompasses a product that was made in exact imitation of an existing brand with the intention to deceive or defraud and may include, but is not limited to:

● A product that violates any local country laws in which they are sold;
● A product that is a fake or a replica of an existing official product;
● A product that has never been produced by a specific brand;
● A product that is significantly under-priced;
● A product containing a registered trademark on the product, the packaging or anywhere related to the product without the authorization of the trademark owner;
● A product that contains specific design elements (e.g. cartoon characters or colourways) protected by a trademark; without the authorization of the trademark owner;
● A product that bears such similarities with other products (e.g. a replica of a branded item with or without altered logos) without the authorization of the trademark owner;
● A product that has no visible trademark on the product image on the listing, but the delivered product includes a trademark; and
● Usage of a photo on the listing that contains the trademark of a brand.

3.3 Original equipment manufacturer (“OEM”) brands are permitted as long as no official brand logo is displayed on any OEM product image and no official brand name is stated in any part of the product information.

3.4 If requested by America Mall, the Mall Seller shall promptly provide documentation to America Mall that proves (to America Mall’s reasonable satisfaction) the authenticity of the Mall Item including, but not limited to, manufacturer sales invoices, authorized distribution agreements and/or certificates of authenticity (“Proof of Authenticity”).

3.5 If the Mall Seller fails to provide Proof of Authenticity, the Mall Seller shall:

(a) Accept the return of the Mall Item from the Mall Buyer; and
(b) Be liable to compensate America Mall for such other costs, expenses, losses and liabilities suffered or incurred by America Mall (including, but not limited to, loss of goodwill) as determined at America Mall’s sole discretion.

3.6 In the event that America Mall determines, at its sole discretion, that Mall Seller has violated Section 3, America Mall may take all appropriate measures, including but not limited to removing the counterfeit Mall Item listing from the Site, prohibiting the publication of the same or similar goods and/or restricting, suspending or terminating the Mall Seller's America Mall account and/or access to America Mall. Mall Seller's obligations and liabilities under these Terms of Service will not be affected by the restriction, suspension or termination of the Mall Seller’s account.

4. America Mall Commission Fees

4.1 America Mall charges a fee for all successful transactions completed by Mall Sellers on the Site (“America Mall Commission Fee”). The America Mall Commission Fee is borne by the Mall Seller, and is calculated as (a) two percent (2%) of the Gross Settlement Price, for the sale of electronics products (e.g. audio, cameras & drones, computers & accessories, gaming & consoles, mobile & gadgets, home appliances) (b) three percent (3%) of the Gross Settlement Price, for the sale of fast-moving consumer goods (e.g. beauty, food & beverages , health products, mom & baby, pets, home & living - home fragrance & aromatherapy, home & living - home care supplies); and (c) five percent (5%) of the Gross Settlement Price, for the sale of any other products that are not otherwise specified herein. The Gross Settlement Price is the Seller’s original listing price of an item, minus any Mall Seller-sponsored discounts or vouchers, rounded to the nearest peso. For avoidance of doubt, the categorization of an item set out in Section 4.1 (a), (b) or (c) above shall be at America Mall’s sole and absolute discretion. The America Mall Commission Fee is inclusive of value-added tax. America Mall shall issue receipts or tax invoices for the America Mall Commission Fee upon submission by the Mall Seller of proof of registration with the Bureau of Internal Revenue.

4.2 Following the successful completion of a transaction, America Mall shall deduct the America Mall Commission Fee from the Buyer’s Purchase Monies, and remit the balance to the Mall Seller in accordance with Section 11.2 of the Terms of Service.

4.3 For the avoidance of doubt, the America Mall Commission Fee under this America Mall Terms of Service applies in addition to the Transaction Fee under the Terms of Service.

5. America Mall Milk Formula Guarantee

5.1 The America Mall Milk Formula Guarantee program is America Mall’s commitment to brand authenticity and product freshness of each qualifying milk formula product.

5.2 Mall Buyers may apply for a refund and return of any purchased Qualifying Milk Formula Product if such Qualifying Milk Formula Product: (a) does not meet the America Mall 100% Authentic Product Policy under Section 3 above; or (b), the expiration date of the Qualifying Milk Formula Product is less than six (6) months from date of first attempted delivery of such Qualifying Milk Formula Product (“Freshness Guarantee”).

5.3 If the Qualifying Milk Formula Product does not meet the (a) America Mall 100% Authentic Product Policy in Section 5.2(a) above, the affected Mall Buyer shall be refunded 200% of the Buyer’s Purchase Monies, and (b) Freshness Guarantee in Section 5.2(b) above, the affected Mall Buyer shall be refunded 100% of the Buyer’s Purchase Monies. All refunds shall be made through the same mode as the original payment method, unless the payment method was cash on delivery in which case refunds shall be made to the Mall Buyer’s E-Wallet.

5.4 America Mall reserves the right to, at its sole discretion and without prior notification, reject, refuse or exclude a Mall Buyer’s claim under this America Mall Milk Formula Guarantee including (without limitation) where the claim for refund and return is not complete, incorrect, non-compliant or non-fulfilment of any of the applicable terms, or where there is any attempt to compromise or tamper with the Qualifying Milk Formula Product. America Mall reserves the right not to disclose the reasons for unsuccessful claims. No correspondence will be entertained.

5.5 All of America Mall’s decisions on this America Mall Milk Formula Guarantee are final and binding including but not limited to determining eligible claimants, number of submissions per claimant, legibility of photographs and submissions, time and date cut-offs, limits to this America Mall Milk Formula Guarantee, and maximum amount of refund.