Eula Writing Desk

Welcome to Mandaue Foam.ph (referred throughout as the “Site”). Please review the following basic rules that govern the use of this Site. Mandaue Foam provides services to customers subject to the following terms, conditions and provisions indicated. Please note that the use of this Site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may “bookmark” a particular portion of this Site and thereby bypass these Terms and Conditions, your use of this Site still binds you to these Terms and Conditions. Mandaue Foam reserves the right to update or modify these Terms and Conditions at any time without prior notice to you. For this reason, we recommend that you review these Terms and Conditions whenever you use this Site.

ORDER ACCEPTANCE

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you via email if all or any portion of your order is canceled or if additional information is required to accept your order.

PRICING AND CONTENT INFORMATION

While we strive to provide accurate pricing information, pricing or typographical errors may occur. Mandaue Foam.ph cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, we may either contact you for instructions or cancel your order and notify you of such cancellation.

Merchandise Content: Mandaue Foam.ph attempts to be accurate in its product descriptions. However, we do not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to let our delivery team know right away and return it as-is. Once our delivery team leaves your premises, the item is considered sold.

DELIVERY POLICY

The following terms and conditions shall govern Mandaue Foam Industries, Inc.’s and its affiliated companies’ (hereinafter collectively referred to as “the Company”) Delivery Policy:

• Delivery Charge. Selling prices are not inclusive of the delivery charge. A delivery charge shall be imposed based on the size of the item and the delivery location to be computed in accordance with the Company’s delivery charge matrix. If the order covers several delivery sites, an additional charge based on the Company’s delivery charge matrix shall be imposed for each site.

The Company reserves its right to refuse, cancel, or delay deliveries in the event of force majeure or other fortuitous events, including but not limited to:  any law, order, regulation, direction, request or intervention of the Philippine Government; strikes lockouts or other labor difficulties;  rebellion and insurrection, floods, typhons, earthquakes, war, riots, be they acts of God or acts of Man.

• Additional Charges or Fees. For delivery sites that may require additional charges or fees, i.e. entrance or delivery charges or fees for deliveries inside gated villages, subdivisions, closed areas, business centers and districts such as Bonifacio Global City (BGC), or other similar areas, the customer shall shoulder said additional charges or fees. In this regard, the customer shall be required to divulge any information of additional charges or fees which may be incurred in the delivery of the purchased item/s. The customer shall likewise shoulder any toll fees that may be levied in the course of the delivery of the purchased item/s. The Company shall advise if there are toll fees that will be paid for the delivery at the customer’s designated delivery address. These additional fees shall be paid on top of and in addition to the delivery charge imposed by the Company. If there are unforeseen additional charges which the customer may not have known at the time this delivery form is accomplished but was actually paid by the Company in the course of the delivery, the customer shall reimburse the Company immediately prior to accepting the delivery. The Company reserves the right to refuse delivery if these additional charges are not paid by the customer.

For buildings without a service elevator, the Company shall deliver purchased items up to a maximum of three (3) floors up or down (for basement deliveries) only. For deliveries in excess of the three (3) floors, the following additional charges shall apply:

• 3rd to 5th floor = P300.00
• 6th floor to 10th floor = P700.00

To protect the health and well-being of the Company’s delivery team, they shall deliver via stairs only up to the 10^th floor.

• Delivery Date. The company shall provide a target date of delivery upon purchase. The target delivery date will vary depending on the following situations or scenarios:
• The quantity and size of the items to be delivered.
• The availability of the company’s delivery trucks.

Should there be changes in lead time for the delivery due to full schedule, especially during peak periods, or other similar causes, the Company shall advise the customer ahead of time usually within two (2) days through SMS or phone call by the Company’s delivery coordinator. The Company is unable to set a fixed delivery time due to traffic conditions and variability of handling duration.

• Single Purchase of Ready-Made Items with Made to Order Items. For single purchases with ready-made and made to order items, the company encourages the customers to bring the ready-made items.
• Second Delivery Charge. A second delivery charge in accordance with the Company’s delivery charge matrix shall be charged by the Company in the following instances:

1) should the delivery team be at the given address and the customer or his authorized representative is not available to receive the goods, is unwilling to accept delivery of the goods, or decides to cancel delivery on the day

2) should the customer provide a wrong delivery address or contact number/s.

• Delivery Proper. To assist the Company’s delivery team during the actual delivery of the purchased items, customers must ensure the following conditions: 1) that there must be sufficient access or space to complete the delivery of items; 2) that the area for delivery must be safe and free of fragile or breakable items, such as but not limited to ceiling lights, chandeliers, vases, picture frames, mirrors, figurines, etc.; 3) for large and heavy furniture items such as wardrobes, beds, sofas and the like, the customer must ensure that the entryways or doors are wide or large enough to facilitate entry of these large furniture items. If any of the three (3) circumstances mentioned above are present, the Company’s delivery team shall have the right to refuse delivery and shall leave the item with the customer. The Company’s delivery team is prohibited from using excessive force to bring large furniture items into the home, office, or condominium. Should the customer himself use excessive force to bring large furniture into the home, office, or condominium, the Company shall not be held liable for any resulting damage either to the items or to the surroundings. If the customer insists or requests that the Company’s delivery team proceed with the delivery despite the presence of any of three (3) circumstances, the customer agrees to absolve the Company and its delivery team from any damage resulting from said delivery.
• Item Storage: The customer agrees that items purchased shall immediately be scheduled for delivery. The Company does not provide storage for sold and purchased items. 

STORE PICK-UP POLICY

• Store Pick-up Conditions. A customer shall present the Sales Invoice upon claiming the purchased items. If the customer authorizes a representative on his behalf to claim the purchased items, the customer’s representative shall present an authorization letter from the customer along with a photocopy of a valid government-issued ID of the customer himself, the Sales Invoice, and the representative’s valid government-issued ID. A customer who purchases using the Company’s online facilities shall ensure that the name provided in the Sales Invoice is the same as the name provided in the credit card used in purchasing the items. Online customers who elect to pick up items must follow the above instructions in order to claim their items from the store. The Company reserves the right to deny the pick-up of any item in the event that the customer fails to sufficiently present all of the above documentation

 THIRD PARTY DELIVERY

• In the case of the customer electing a 3^rd party delivery service to deliver his items, the company will not be liable for any damages during transit and unloading of the items. The company will also not be liable for any scheduling delays or issues that may arise.

 ASSEMBLY POLICY

• General Policy. Assembly shall mean the of fitting together the component parts of a furniture or other object. Assembly shall include installation except for the following product categories: brackets, hanging cabinets, chandeliers, heavy wall arts and frames, curtain rods, blinds, decorative mirrors, floating shelves, and items not purchased from the Company
• Assembly Schedule. The Company’s assembly team shall schedule the assembly after in-house delivery. However, the Company reserves the right to schedule the assembly of the purchased items on a date different from the date of delivery due to full schedule of the assembly team or for any other cause.
• Rescheduling. In cases of rescheduling of the assembly at the request of the customer or for any reason beyond the control of the Company, an additional assembly charge plus transportation expenses shall be imposed

WARRANTY POLICY

GENERAL TERMS AND CONDITIONS:

• This Limited Warranty shall be operative from the moment of sale on condition that full payment has been made.
• The warranty shall be honored by Mandaue Foam Industries, Inc. and its affiliates (“Company”) if the item is confirmed to be a genuine and original product of the Company and not a counterfeit, forged, phony, or sham item.
• The warranty shall extend only to the registered purchaser of the item and shall not be transferrable for any reason. For this purpose, the customer shall properly and accurately fill up a WARRANTY CARD indicating his name and personal details that will identify him as the purchaser. In addition to the Official Receipt, the Warranty Card shall be considered proof of claim of the limited warranty. The Company shall not honor claims for warranty without the Warranty Card.
• The Company reserves the right to inspect the item under limited warranty before any claim for warranty is honored. Acceptance of the item for inspection shall in no way be construed to mean that the claim has been accepted. The Company reserves the right to refuse any claim which does not conform to the terms and conditions provided herewith.
• All terms and conditions not otherwise mentioned herewith shall be supplemented and governed by the provisions of the Civil Code on conditions and warranties.

PRODUCT CATEGORIES WITH LIMITED WARRANTY

Only the following item categories shall have limited warranties under the terms below:

MF SOFAS

• All MF sofas shall have a limited warranty covering:
  1. shrinkages or sagging of the original foam thickness of more than twenty-five percent (25%).
  2. structural manufacturing defects in the materials used in the frame and legs within one (1) year from date of purchase
  3. Damages caused by or signs of the presence of wood bugs/pests(bokbok)/termites within one (1) year from date of purchase
• Limited Warranty for LOCAL SOFAS enforceable for a period of three (3) to five (5) years, depending on the product or item, from the original date of purchase. Kindly check your warranty card for the actual term of the limited warranty.

LOCAL SOFAS (HOME THEATRE/SOFA BED/RECLINERS)

• The limited warranty will only apply to problems with its mechanism only within one (1) year from date of purchase.

MATTRESSES

• All spring mattresses shall have a limited warranty covering shrinkages or sagging of the original foam thickness of more than twenty-five percent (25%).
• Limited Warranty for SRING MATTRESSES shall be enforceable for a period of five (5) to ten (10) years, depending on the type of spring mattress purchased as specified below, from the original date of purchase.

The Limited Warranty shall not cover local sofas or spring mattresses that have been:

1. Inappropriately used or altered
2. Improperly maintained;
3. Subjected to normal wear and tear;
4. Cut or scratched (for whatever reason);
5. Subjected to damage caused by impacts or accidents

PROCEDURE FOR CLAIMS

Limited Warranties may be claimed by complying with the following procedure:

• Only items with warranties shall be honored by the Company.
• The purchaser of the item with limited warranty shall present the duly-filled up Warranty Card and Official Receipt for the item. Failure to present the two requirements shall bar the claim, and the purchases accepts and acknowledges that Company shall have the right to refuse to inspect or honor the warranty in this event.
• Once presented, the Company shall inspect the item to verify if the warranty of the item has been breached. If the Company determines that the warranty has not been breached, it shall immediately return the item to the purchaser.
• The Company will not be required to perform its duties under this warranty if it can substantially show that the defect, malfunction or failure to conform to a written warranty was caused by damage due to unreasonable use thereof, in addition to the above-mentioned specific causes.
• If the Company determines that there has been breach of the warranty as specified above, it shall remedy such product or item within a reasonable time and without charge in case of a defect, malfunction or failure to conform to such written warranty:
  1. the consumer may elect to have the goods repaired within a reasonable time and without charge to conform to such written warranty.
  2. In case the repair of the product in whole or in part is elected, the warranty work shall be made to conform to the express warranty within sixty (30) days by either the Company or its representative, reckoned from the time when the item or product is verified to be covered by the warranty. The sixty-day period, however, may be extended by conditions which are beyond the control of the Company or its representative.
• At all times, the purchaser shall shoulder the costs of transporting the items to and from the Company.

RETURNS AND EXCHANGES POLICY

              The following terms govern Mandaue Foam Industries, Inc. and its affiliated companies’ (“the Company”) Returns and Exchange Policy.

• General Guidelines. A customer shall be entitled to a repair or replacement of a defective or imperfect product purchased from the Company provided that he present: 1) the product in a good and undamaged condition save from the defect or imperfection, with price tags and protective coverings such as plastics not taken off, and 2) the official receipt, or in lieu thereof, one (1) current and valid government issued IDs bearing the same name of the customer as presented in the sales invoice, and provided further that the repair replacement be claimed within the time provided hereunder. Failure to comply with these general guidelines shall be a ground to deny the claim for repair or replacement.

• Period. We offer returns and exchanges within 30 days of purchase for all items.

The claim for defect or imperfection shall be made within the given days from date of receipt or use, which shall be considered reasonable period that the product is expected to have been used and the defective or imperfect nature thereof known by the consumer.

• Defective Products. A product shall be considered defective when it does not offer the safety that may rightfully be expected of it. The following considerations shall be taken into account in determining whether a product is defective: the presentation of the product in terms of packaging, labeling, or advertising; the nature of the use and hazards that may be reasonably expected of the product. The customer assents that the Company shall have the sole discretion in determining whether a product is inherently defective or whether the same was the result of improper use of the customer, in which latter case the claim for repair or replacement shall be denied.
• Imperfect Products. The following shall constitute product imperfection: those that render the products unfit or inadequate for the purpose, use or consumption for which they are designed or intended; those that shall jeopardize the quality and characteristics of the product resulting to a decrease in its value. The Company shall determine whether the product is imperfect under the foregoing circumstances, and the customer assents that if during the assessment of the Company for imperfections, the same was found out to be caused by the customer, then his claim for repair or replacement shall be denied.
• Replacement. If a product is defective or imperfect, the Company shall first repair the defect or imperfection. If the same cannot be repaired, the customer may elect for replacement of the product by another of the same kind and which shall be in a similar state of use.
• When Replacement Is Not Possible. If the customer opts for replacement of a product of the same kind but it is no longer possible, the product may be replaced by another of a different kind, mark or model: provided, that, in case there is a difference in price that may result from the replacement of the product with another kind, make or model, the difference in price shall be supplemented by the customer or reimbursed through store credit (refund for online purchase) by the Company, as the case may be. The customer may also elect to return the product in exchange for purely store credit (refund for online purchase), the value of which shall be the purchase price of the product.

LIABILITY WAIVER

Mandaue Foam Industries Inc. and its affiliated companies does not authorize its employees to install on hanging or mounting on walls or ceilings the following list of product categories:

Thus, as a matter of policy, employees are prohibited from installing the foregoing product categories, and Mandaue Foam Industries Inc. and its affiliated companies does not guarantee or warrant any installation performed by its employees in contravention of this prohibition. However, if the Customer demands from the employees install any item belonging to the above-mentioned product categories, he or she warrants the following:

The Customer assumes full responsibility for any loss or property damage, that may be sustained by him/her, or loss or damage to property owned by him/her, as a result of asking the foregoing service from the employees of Mandaue Foam Industries Inc. and its other affiliated companies.

The Customer hereby releases, frees, and forever discharges and covenants not to sue Mandaue Foam Industries Inc. and its other affiliated companies, its officers, directors, agents, employees, or successors and assigns from any action for sum of money, damages and claims, and any other demand whatsoever, which he/she in law or equity ever had, now have, or which he/she, his/her heirs, successors and assigns may hereafter have upon or by reason of any matter, cause or thing whatsoever, up to the time of these presents, the intention hereof being to completely and absolutely release the Company, its officers, directors, agents, employees, or successors and assigns, from any and all liabilities arising wholly or partially, directly or indirectly arising out of, in connection with, or related to the installation of the item purchased by the Customer which belongs to the unauthorized installation list of product categories, the intention hereof being to completely and absolutely release Mandaue Foam Industries Inc. and its other affiliated companies from any administrative, civil and/or criminal liability arising wholly or partially, directly or indirectly from the installation of the item purchased by the Customer which belongs to the unauthorized installation list of product categories.

In signing this release, Customer declares that he/she has read this document or that the same has been sufficiently explained to him/her in a language known to him/her. Finally, the Customer warrants that he/she has understood the document, and that the release, waiver, and quitclaim hereby given is made willingly and voluntarily and with full knowledge of his/her rights under the law.

              The following terms govern Mandaue Foam Industries, Inc. and its affiliated companies’ (“the Company”) Return and Exchange Policy.

• General Guidelines. A customer shall be entitled to a repair or replacement of a defective or imperfect product purchased from the Company provided that he present: 1) the product in a good and undamaged condition save from the defect or imperfection, with price tags and protective coverings such as plastics not taken off, and 2) the official receipt, or in lieu thereof, one (1) current and valid government issued IDs bearing the same name of the customer as presented in the sales invoice, and provided further that the repair replacement be claimed within the time provided hereunder. Failure to comply with these general guidelines shall be a ground to deny the claim for repair or replacement.

• Period. We offer returns and exchanges within 30 days of purchase for all items.

The claim for defect or imperfection shall be made within the given days from date of receipt or use, which shall be considered reasonable period that the product is expected to have been used and the defective or imperfect nature thereof known by the consumer.

• Defective Products.  A product shall be considered defective when it does not offer the safety that may rightfully be expected of it. The following considerations shall be taken into account in determining whether a product is defective: the presentation of the product in terms of packaging, labeling, or advertising; the nature of the use and hazards that may be reasonably expected of the product. The customer assents that the Company shall have the sole discretion in determining whether a product is inherently defective or whether the same was the result of improper use of the customer, in which latter case the claim for repair or replacement shall be denied.
• Imperfect Products.  The following shall constitute product imperfection: those that render the products unfit or inadequate for the purpose, use or consumption for which they are designed or intended; those that shall jeopardize the quality and characteristics of the product resulting to a decrease in its value. The Company shall determine whether the product is imperfect under the foregoing circumstances, and the customer assents that if during the assessment of the Company for imperfections, the same was found out to be caused by the customer, then his claim for repair or replacement shall be denied.
• Replacement. If a product is defective or imperfect, the Company shall first repair the defect or imperfection. If the same cannot be repaired, the customer may elect for replacement of the product by another of the same kind and which shall be in a similar state of use.
• When Replacement Is Not Possible.  If the customer opts for replacement of a product of the same kind but it is no longer possible, the product may be replaced by another of a different kind, mark or model: provided, that, in case there is a difference in price that may result from the replacement of the product with another kind, make or model, the difference in price shall be supplemented by the customer or reimbursed through store credit (refund for online purchase) by the Company, as the case may be. The customer may also elect to return the product in exchange for purely store credit (refund for online purchase), the value of which shall be the purchase price of the product.