Terms and Conditions of Use

INTRODUCTION

Welcome to the web site ("Site") for www.california-electronics.com, an online store managed by and with the domain name owned by California Electronics Sales (Vendor), a duly registered business  under the laws of the Philippines, with offices at Ace Street, Dona Maria Village 2, Punta Princesa, Cebu City.

ACCESS TO THE SITE

By accessing, browsing and/or using the site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions of use ("terms and conditions of use") including the privacy policy ("privacy policy") (collectively the "terms") and to comply with all applicable laws and regulations.

In addition, you hereby represent and certify that you are at least eighteen (18) years of age. If you do not or cannot agree to the terms, you are not authorized to use the site or any of the services offered through the site. Vendor reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify these terms, and to impose new or additional terms and conditions on your use of the site from time to time. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in these terms as "additional terms") shall be effective immediately and incorporated into these terms upon notice thereof, which may be given by any reasonable means including by posting to the site. Your continued viewing or use of the site following such notice shall be deemed to conclusively indicate your acceptance of any and all such additional terms.

RETURNS & REPLACEMENT POLICY

Vendor guarantees 100% service fulfillment upon your purchase. If something goes wrong with an order that is being fulfilled by California Electronics Sales, we guarantee repair or replacement and/or refund based on the conditions contained herein.

Full refund of purchase amount on these instances:

• Wrongly-supplied items
• Items no longer in production

Replacement:

• If item is defective within 7 days from arrival. You have to inform us immediately and ship to either Cebu or Manila in original packaging including wires, cables, CDs, manuals, Delivery Receipts/Invoices, all accessories. Returned items that do not meet above requirements will not be accepted and no credit will be given to the customer.

Repair or replacement:

• When the item is 7 days or more, Vendor reserves the right to either replace or repair any defective item.
• When the item is no longer available from our suppliers, the customer may avail of any item from our website, the amount of which will be equal or lesser than the original price.
• Client pays shipping item to us. We pay return shipping. 

CHANGING ORDERS

You can make changes to orders that have not yet entered the delivery or shipping process. However, whenever you make a change to an order such as modifying the address, or items, we will re-evaluate our inventory and product preparation time to determine the best fulfillment plan for your order given the new information. Therefore, any changes you make may affect the estimated delivery date for your order. Due to the volume of packages we deliver or ship each day, no changes can be made for any order once it has entered the delivery / shipping process.

CANCEL AN ORDER

You have the option to cancel or refund an order subject to the following conditions:
1. Cancellation of order is not allowed once the items ordered are already placed and paid by us to our suppliers.

2. You may cancel your order only if the items are not yet paid by us to our suppliers. A cancellation fee equivalent to 10% or a maximum of P1,000 per order (whichever is smaller)

3. We don't have control of the courier's operations. We also don't have control over accidents, equipment failures, weather, strikers. Refunds are not accepted due to late deliveries caused by any factor beyond our control. 

DAMAGED AND/OR DEFECTIVE ITEM

Vendor makes sure that every product is 100% in good order and condition before we deliver or ship to its destination. Each time we deliver your order, we have your recipient thoroughly inspect the product before he/she receives it.
If upon inspection the recipient finds that the product has defects or is not in good order and condition, then DO NOT  accept the item and return it to Vendor for immediate refund and/or replacement.

In case your recipient received an order and finds that the product has defects or is not in good order and condition, you must e-mail us at support@california-electronics.com or call our Customer Service at +(6332) 261-7949 within 7 days upon receipt for replacement.

Vendor is a retailer and not the manufacturer of products sold in its site. Hence, liability of Vendor arising from the sale of any product from its site shall be limited only to the price of the product ordered. We cannot be held liable in any way for the use or misuse of the products we sell including the consequences in the use/misuse of any product we sell. (Example: We can't be held liable in any way to thefts if you buy burglar alarms from us whether we installed these or installed by others. In the same sense, we can't be held liable in any way if a house is burned down if you buy fire alarms from us).

DELIVERY AND SHIPPING GUIDELINES

Vendor offers door-to-door delivery to most parts of the Philippines. If we cannot deliver to the destination you indicated, our Customer Service will immediately inform you that we will not be able to process your order. You will not be charged for unprocessed transactions. However, there are instances when items ordered and processed may not be successfully delivered to your intended recipient. In such cases, Vendor is not liable for delay or non-delivery of your orders and does not entitle you to a refund and/or product replacement. Here are the reasons why we may not be able to fulfill delivery of your orders:

1.) Incorrect Recipient Address. Whenever you place an order with California Electronics Sales, you certify that the delivery details provided is correct and/or accurate. If we determine that the delivery address is invalid,  then we will do the following:
a.) Vendor Customer Service will contact you and inform you that the delivery address originally provided is incorrect and request you to verify the address and/or provide us with a NEW and VALID delivery address.

b.) Vendor will re-deliver the order based on the NEW address.

c.) If the second address you provided is still not a valid address,

d.) If the second address you provided is still not a valid address, Vendor Customer Service will contact you to inform you that the address you provided is still not a valid address.

2.) "Refused To Accept" by Recipient. Whenever you place an order with California Electronics Sales, you certify that the item ordered will be received by the recipient in good faith. If a recipient refuses to accept the item, Vendor Customer Service will contact you to inform you on the status of your order and secure your instruction/decision regarding the order.

3.) House is Closed. There are instances when your recipient's house may be closed during the time the order is being delivered. In such cases, we will have it received by the recipient's nearest kin. If this option is unavailable, then we will do the following:
a. Vendor Customer Service will contact you to inform you on the status of your order.

b. We will make another attempts to deliver the item within the same day from the delivery date.

c. Vendor Customer Service will contact you to inform you if "the house is closed" after the third and final attempt.
Furthermore, Vendor shall be not liable for any loss, delay, non delivery or misdelivery of your orders due to any of the following:

1. Act of God or force majeure including but not limited to strike, war, rebellion, civil commotion, natural disaster or calamity, bad weather condition, acts of public enemies.

2. Act, omission, fault of shipper, its agent, third party claiming interest in the shipment and government agencies with actual or apparent authorities.

3. Nature of the shipment or other characteristic, defect or inherent vice thereof.

Delivery Times:

• 3-4 business days for items sourced from Manila
• 5-15 days via UPS for items sourced from overseas
• 12-21 biusiness days for airmail and EMS.                       

ORDER PROCESSING

All orders placed before 12:00 Noon between Mondays to Saturdays, Manila time, and within the Same-Day Zones indicated will be processed immediately. Order processing means we will verify your payments, place an order to our suppliers.

Items ordered after these cut-off times will be processed and delivered the next working day. Items for delivery to areas outside of Same-Day Zones will be delivered within the lead times indicated in the website or by Customer Service. Processing and delivery of all items received on Sundays and Philippine non-working holidays will be attended to the next working day.

ACCOUNT MAINTENANCE

If you use this site, you are responsible for maintaining the confidentiality of your account and/or password and for restricting access to your computer, and you agree to accept responsibility for all activities and all the content you post and/or submit that is under your account and/or password. You represent and warrant that any information and/or material you post or provide to Vendor by means of the Site, including, without limitation, as part of any registration or subscription or to gain access to or use any services offered on the Site, is truthful, accurate, not misleading, not confidential property of others, not in violation of any other third party's rights and offered in good faith. You agree NOT to use the Site for or in connection with any of the following activities: (i) transmitting or relaying spam, spoofing or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way; (ii) using the Site for any fraudulent or illegal purpose; (iii) e-mailing, uploading, or otherwise transmitting or using the Site in furtherance of the use, distribution or transmission of any unlawful, harassing, defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind; and (iv) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or the operation of the Site.

INFORMATION DISCLOSED VIA THE SITE

Vendor attempts to be as accurate as possible when posting information on the Site. However, Vendor does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Furthermore, it is your responsibility to evaluate the accuracy, completeness and usefulness of any opinions, advice, services or other information provided. The information on this web site may be changed or updated without notice. Vendor may also make improvements and/or changes in the products, services and/or programs described on this web site at any time without notice. Information provided on this web site is believed to be reliable when posted. However, Vendor cannot guarantee that information will be accurate, complete and current at all times. All information in this web site is subject to modification from time to time without notice.

Vendor has used its discretion, best judgment and all reasonable efforts in collecting and preparing the information, documents (incl. copy, graphics, pictures, etc.) or other items provided or available herein, but any such information, document or other item is provided or available without any warranty of any kind, either expressed or implied, including, but not limited to, the warranties of completeness, accuracy, fitness for a particular purpose, or non-infringement of any intellectual property rights.

PRICING

Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
 

• If an item's correct price is lower than our stated price, we will charge the lower amount and deliver to you the item.
• If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

WARRANTY DISCLAIMER THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NONINFRINGEMENT. VENDORDOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, CONTINUOUS OR ERROR-FREE. VENDORDOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU SHOULD THEREFORE VERIFY ANY INFORMATION OBTAINED FROM THE SITE BEFORE ACTING ON IT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, VENDOREXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT LINK TO OR FROM THE SITE. VENDORDISCLAIMS ANY RESPONSIBILITY FOR PRODUCT OR SERVICE ORDERING FUNCTIONS, ORDER FULFILLMENT OR COMPLIANCE OF PRODUCTS OR SERVICES WITH ANY MANUFACTURER'S WARRANTIES OR SPECIFICATIONS. VENDORCANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES VENDORMAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY SITES.

ELECTRONIC COMMUNICATIONS

When you visit Vendor and/or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing with your written signature. You further agree that you shall not challenge the validity, enforceability or admissibility of the electronic communications on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print all electronic communications.

COPYRIGHT

All site design, text, graphics, interfaces, and the selection and arrangements thereof are (c) 2009, California Electronics Sales. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with Vendor or using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Vendor is strictly prohibited.

TRADEMARKS

All trademarks, service marks, and trade names (collectively the "Marks") are proprietary to Vendor, Inc. or other respective owners that have granted Vendor the right and license to use such Marks.

LIMITATION OF LIABILITY YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, VENDOR' NEGLIGENCE, SHALL VENDOR, ITS AFFILIATES, RELATED ENTITIES, VENDORS OR CONTENT PROVIDERS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE, ANY CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF VENDOROR AN AUTHORIZED VENDORREPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT SHALL VENDOR'S TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED PESOS (Php100).

INDEMNIFICATION

You shall indemnify, defend and hold harmless Vendor and its sponsors, business affiliates, vendors, content providers, subsidiaries, related entities, affiliates, officers, directors, employees, attorneys and agents, from and against any and all damages, claims and actions brought by you or any third party resulting from your use of the site in violation of these terms or the infringement by you of any intellectual property rights of any person or entity.
GOVERNING LAW AND ARBITRATION The laws of the Philippines (excluding any principles of conflicts of laws) govern your use of the Site, the services and these Terms. You agree that the parties shall settle any claim or dispute relating to these Terms by binding arbitration in the Philippines. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, FOR ANY INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE INCLUDING, WITHOUT LIMITATION, RELATED SERVICES, YOU AGREE AND HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE  COURTS LOCATED IN CEBU CITY, PHILIPPINES.

WAIVER AND SEVERABILITY

Furthermore, no delay or omission by Vendor to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by Vendor. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.

PRICING List price is based on Vendor regular pricing. Items in your shopping cart will reflect the most recent price displayed on the item's product detail page. Prices are frequently updated to adjust for different sales, limited pricing and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time; prices are reserved only by placing an order. Discounts are limited-time offers and are not valid with other offers.

PRICING ERROR AND INACCURACY DISCLAIMER

Information at Vendor may contain errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors or inaccuracies and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, Vendor will provide you with the following options: (1) to proceed with the transaction based on the corrected information; or (2) to cancel your transaction. We apologize for any inconvenience. If you are not fully satisfied with your purchase due to any errors or inaccuracies, you may return it as a defective product. Please refer to the return policy for more details.

PRIVACY POLICY

Vendor shares your concerns about privacy on the Internet. In order to better protect your privacy, Vendor has provided this notice explaining its online information practices and the choices you can make about the way your information is collected and used on the Site.
Information Vendor Collects from Customers Vendor receives and stores information from customers such as name, e-mail address, postal address, telephone number, fax number as well as other relevant information in the course of using the Site. Vendor may also receive and store certain non-personally identifiable information when you visit any of our web pages such as the type of browser you are using, the type of operating system you are using, the domain name of your Internet service provider, aggregate data about the number of visits to the Site and/or aggregate data about the pages visited.

IP Addresses and Cookies Like other web sites, Vendor uses your IP address to help diagnose problems with California Electronics Sales' servers, to administer the Site and for security purposes. "Cookies" are pieces of data sent from a Web server through a Web browser, which writes a file on your local PC. This file enables a Web server to identify users that visit a site hosted by that server. Vendor may use Cookies in order to recognize you to our site and provide more customized information and services to you. In addition, our site may contain advertisements that may contain Cookies. In general, you can choose to disable the use of Cookies by reviewing your browser's preferences and options. However, disabling Cookies will make some features of our site inoperable.

How Vendor Uses the Information
Vendor uses the non-personally identifiable information ("Aggregate Data") to improve the design and content of the Site and to enable Vendor to personalize your Internet experience. Vendor may use the Aggregate Data to analyze Site usage as well as create services and/or products to fit your needs. Also, Vendor shares this Aggregate Data with California Electronics Sales' related entities, advertisers, partners and/or other third party vendors. Vendor shall own such Aggregate Data and maintain copies of such as part of its records. Except as otherwise indicated, Vendor uses the personally identifiable information ("Personal Information") you provide about yourself:
    (a) to respond to any of your inquiries or questions about our products and/or services;
    (b) for internal marketing purposes;
    (c) to provide you additional and updated information, materials and other advertisements regarding California Electronics Sales' products and/or services;
    (d) to offer you other materials and/or information that Vendor believes may be of interest to you;
    (e) to cooperate with government officials or parties in litigation under process of law, or as otherwise required by law;
    (f) to protect the security or integrity of the Site;
    (g) to protect against a threat of safety or destruction of property; and/or
    (h) to protect against legal liability.
Information about our customers is an important part of our business, and we are not in the business of selling it to others. In all cases, California Electronics Sales' agents, employees, suppliers and contractors who have access to Personal Information are required to protect this information in a manner that is consistent with this Privacy Policy. Furthermore, Vendor encourages all its business partners to adopt and adhere to standards of protection consistent with this Privacy Policy. Vendor will not use the Personal Information, except as set forth herein, without your permission; provided, however, Vendor shall own all such Personal Information and maintain copies of such as part of its records. If you do not wish to receive any such information or to allow Vendor the right to use your personally identifiable information as described, please contact Vendor in the manner described in the "Opt-Out" section below.
Opt-Out You may choose not to receive such information and/or to allow Vendor to use your information in the manner described above by simply notifying Vendor directly at +6332-261-7949 or support@california-electronics.com. Upon receipt and processing of an "opt out" request, Vendor will, within its commercially reasonable amount of time, remove your information from any future marketing communications.

Security; No Liability Vendor has implemented security measures to help protect against the risk of loss, misuse and alteration of any information under California Electronics Sales' control. Nevertheless, such security measures may not prevent all loss, misuse or alteration of information on the Site, and Vendor is not responsible for any damages or liabilities relating to any such security failures. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet. Furthermore, the Site contains links to other web sites. Vendor is not responsible for nor can Vendor ensure the privacy practices or content of such other sites.

Modification of Privacy Policy Vendor may change this Privacy Policy at any time by posting the changed or amended Privacy Policy on the Site. Your continued viewing of or use of this Site following the posting of any changes to this Privacy Policy will signify your assent to any such changes or amendments.

CONTACT

Vendor You may contact Vendor with questions or comments regarding this Privacy Policy, updating any personally identifiable information or anything else related to Vendor and/or this Site by e-mailing us at support@california-electronics.com or by calling us at (+6332) 261-7949 / 417-9656(Cebu) / (+632) 866-5599 (Manila).