~ Updated: April 24, 2012 ~
DEFINITION OF TERMS:
Unless otherwise defined elsewhere in these Site Terms and Conditions, the following terms shall have the meanings ascribed to below:
Using our Website:
The ALBERTOSPIZZACEBU.COM website is maintained for your personal use, viewing, ordering and delivery food online. Access and use by you of this site constitutes acceptance by you of these Terms and Conditions.
Trademarks - This Site contains many of the valuable trademarks owned and used by Alberto’s Pizza and its subsidiaries and affiliates throughout to distinguish its quality products and services. These trademarks and related proprietary property are protected from copying and simulation under national and international laws and are not to be used, reproduced, adapted (whether in its original form or derivations thereof) or copied without the express written permission of Alberto’s Pizza.
Privacy Policy - Standard legal terms on privacy policy of Alberto’s Pizza of data that may be collected by website visitors or customers.
Website - By entering this Site, you acknowledge and agree that the use of this Site is at your own risk and to the extent permissible by applicable law, under no circumstances shall Alberto’s Pizza, its subsidiaries, affiliates, officers, employees, representatives, agents and contractors be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this Site or any material on any site linked to this Site (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if Alberto’s Pizza has been advised of the possibility of such damage.
I. ACCOUNT CREATION
If you decide to register with this Site, you will be asked to create an account and provide your personal information and register a password. You must keep this password confidential and must not disclose it to anyone. If you believe someone else knows your password, please change your password immediately. Alberto’s reserves the right to suspend your registration if you breach these Terms and Conditions.
II. ORDER, ACCEPTANCE, AND CHANGES TO ORDERS
1. These Terms and Conditions shall apply to all orders of “Alberto’s Pizza products” (“Products”) to our Customers. All orders for the Products shall be deemed to be an offer by the customer to purchase the Products in accordance with these terms.
2. Acceptance of Orders. The acceptance of orders for the Products shall be at the entire discretion of Alberto’s. Our acceptance of an order occurs when you receive an on-screen message or email message confirming your order has been placed at which point, your contract with Alberto’s is made and up until this point. Alberto’s reserves the right to decline to deliver the Products without giving any reason.
3. Order Confirmation. Your Order Confirmation is a record of our agreement to deliver the Products ordered and paid for in full. If another person ordered Products on your behalf and using your account, you agree that such order shall be considered as your own, non chargeable back to PayPal account and shall be subject to these Terms. (see article VI 'Cash Credit')
4. You may not place any orders on Our Web Site if you are under 12 years of age.
5. Changes of Orders. If you wish to cancel, amend or complain about your order, please call the Alberto’s Pizza Hotline (512-5998), details of which will be included in the confirmatory e-mail sent to you upon placing your order. If you change your order, the price charged will be the price for the amended order. If you pay by credit card the price difference will need to be paid separately to Alberto’s or any refund would need to be processed by our Customer Services team who can be contacted here. Please note that as promotions are only available for limited periods, any changes to your order may mean the promotions are no longer available. Change of orders or delivery time can be made no later than 5 minutes prior to the start of the delivery window booked. Change of order can be made up to 5 minutes before the delivery window begins. Amends to the order must be made by phoning the store direct. Your initial payment will be cancelled and a new payment raised. The delivery time slot may be altered up to 5 minutes before the start of your order window. The order can only be changed to a new time slot if it is available.
6. Cancellations of Orders. Orders may be cancelled in full up to 5 minutes before the start of the delivery window selected. We will endeavor to issue a refund to your credit card account within 3 weeks. Cancellations within 5 minutes of the start of the delivery window will be charged in full.
III. DELIVERY AREA
Alberto’s Pizza offers delivery services within the area of each branches (see list of branches) and depending on its store hours. An “Alberto’s Pizza” store only has a limited delivery area. If your location is NOT within a delivery area, you will be advised by our agent.
IV. PRICES AND PAYMENT
1. Unless otherwise stated in writing the prices quoted on this web site are inclusive of value-added and any other applicable taxes.
2. You may refer to the site (by clicking the checkout button) to check the price of the Product/s you wish to order. Without prejudice to any inadvertent technical mistake (which will be charged to the customer), the price of the Product/s shall be as reflected on the site. The price for your order shall be deducted from your account at the time your order is placed. We reserve our right to refuse to deliver any order if for whatsoever reason we believe that payment will be refused at any stage.
3. You can pay by any of the methods listed in our checkout screen. Please make sure that if your order is placed using a credit, such card is valid on the date of dispatch of your order.
4. Payment Methods. We accept the following forms of payment; Cash Credit / Charge cards: Visa, Mastercard, American Express and etc. are accepted thru PayPal with applicable fees.
Upon submission of your order details, you are making an offer to us to purchase the item(s) you have specified in your order form. We reserve the right to refuse your offer should it be necessary.
In the event a refund is necessary, Alberto’s shall exert reasonable efforts to credit your account within 3 weeks.
V. DELIVERY
1. Alberto’s shall exert reasonable efforts to meet your requested delivery time. It is understood, however, that delay due to traffic, inclement weather or similar or analogous conditions are beyond Alberto’s control and should not at any time be taken against Alberto’s.
2. You agree to accept delivery of the Products at the agreed time and place of delivery.
3. Alberto’s can fulfill orders in any quantity (no minimum order required)
4. Deliveries are ONLY applicable for any pizza product(s) included in your delivery cart at least one (1), otherwise you will be advised by our customer service agent by an e-mail or phone call.
You understand that Product/s are subject to availability at the time of delivery. If the Products you ordered are not available, Alberto’s may offer you a reasonable substitute (Product of equivalent quality and price) or we may advise you through phone call (local Philippines) or electronic mail (outside Philippines) for alternative Product/s. You understand that should you choose to order other Product/s, this may affect the purchase price.
VI. CASH CREDIT
1. All refunds shall be credited to the user's eDelivery account and will be used automatically for his/her next order as discount.
2. eDelivery CASH CREDIT never expire but are non-transferrable and not redeemable as cash.
VII. PROMOTIONS
1. From time to time, Products may be subject to special offers. Any special offer shall be subject to these Terms. In case of inconsistency between the special offer and these Terms, the latter shall prevail. Alberto’s reserves the right to amend the conditions and/or availability of special offers, or withdraw them at its discretion. However, Alberto’s will honor any order received before the withdrawal or amendment of the offer, without prejudice to any inadvertent technical mistake (which will be charged to the customer). All special offers are valid only within the promotional period, are subject to change and are not valid in conjunction with other offers, unless otherwise stated.
2. Reward points are only redeemable for purchases using credit/debit cards.
3. Reward points will not be credited to your account if you have used any point(s) during an order.
VIII. MEMBER CONDUCT
You are solely responsible for your deeds in use of our eDelivery website and Live Chat Module.
IX. LIMITATION OF LIABILITY
Alberto’s Pizza shall not be liable for any loss, expense, cost or damage arising out arising directly or indirectly out of or in connection with delay beyond the estimated time or date of delivery, availability of Product/s at any given time, force majeure, and any circumstances beyond Alberto’s control, and over which Alberto’s 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, Alberto’s liability for any given transaction shall not exceed the total price charged for the relevant items. The products ordered should be consumed not later than one (1) hour from actual receipt; we will not be liable for any event that may arise as a result/consequence of products consumed beyond the specified time.
X. INDEMNITY
Upon a request by us, you agree to defend, indemnify, and hold harmless us and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of Alberto's Pizza eDelivery.
XI. TERMINATION
Your right to use eDelivery automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with Alberto's Pizza. We also reserve the right, in our sole discretion, to terminate your access to all or part of eDelivery, for any reason, with or without notice.
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