Terms of service
GENERAL TERMS AND CONDITIONS OF SALE
- INTRODUCTION
1.1. These General Terms and Conditions of Sale (hereinafter referred to as the “General Conditions”) apply exclusively between BARISTA COFFEE COMPANY, INC., a company incorporated pursuant to the laws of Philippines, under SEC Registration Number 2020090001984-59, and having its registered office at 90 PE Antonio Street Brgy. Ugong, Pasig City 1604 Philippines (hereinafter referred to as “B Coffee Co.” or “we”), and any person placing an order on B Coffee Co.’s website www.beyourownbarista.today (the “Website”), (hereinafter referred to as the “Customer” or “you” and collectively with B Coffee Co., the “Parties”).
1.2. These General Conditions govern and apply to anyone accessing or using the Website, the relationship between the Parties and the supply of any product on the Website (“Product”) to the Customer.
1.3. By using the Website or purchasing any Product:
(i) You represent and warrant that you are over 18 YEARS of age and have the legal capacity to abide by these General Conditions;
(ii) You undertake to accept and be bound by these General Conditions and to comply with all applicable laws, regulations and rules in relation to your access to and use of the Website.
1.4. These General Conditions may be amended, modified or updated from time to time by B Coffee Co... Accordingly, the Parties agree that their relationship will be governed by the Terms and Conditions of Sale applicable and available on www.beyourownbarista.today on the day you place an Order on the Website
- ORDERS
A Customer who wishes to purchase Products shall place an order through the Website (“Order”).
By placing an Order, you are representing that (i) you are over 18 years of age and have the legal capacity to form a binding contract, (ii) you are an end user, (iii) all information provided to B Coffee Co. in connection with such Order is true and accurate and (iv) you are authorised to use the payment method you will provide for such Order.
2.1. How to place an Order on the Website?
Prior to submitting an Order, the Customer shall set up an account on the Website.
Then, you will be required to complete several stages when placing an Order:
- add your chosen items to your basket;
- select a delivery method;
- select a method of payment;
- make your payment;
- You will receive an e-mail confirming that your Order has been logged (“Order in Process”),
- Lastly, you will receive an e-mail confirming your Order (“Order Confirmation”).
The Order process allows you to check and amend any errors before submitting your Order to B Coffee Co... Please take the time to read and check your Order at each page of the Order process.
The Order Confirmation e-mail means that B Coffee Co. has accepted your Order, which will then form the sales contract between the Parties. Prior to such acceptance, B Coffee Co. reserves the right to cancel your Order for any reason whatsoever, including but not limited to B Coffee Co. having reasonable grounds to believe that the conditions to place an order- as above described – are not fulfilled, unavailability of Products or limitation of the quantities of Products ordered. If B Coffee Co. cancels your Order before it has accepted it, B Coffee Co. will refund you based on your original mode of payment for the Order of the Products, inclusive of delivery charges (if applicable).
As soon as your Order is ready to be dispatched, B Coffee Co. will send an email confirming that your Order has been shipped and is on the way to the place of delivery you mentioned (“Dispatch Confirmation”).
2.2. Our Prices
2.2.1. Product prices are displayed in the Website in Philippine Pesos (PHP). The amount of the price is inclusive of the Value Added Tax (“VAT”).
2.2.2. Prices of Products displayed on the Website exclude delivery costs which may be added to the amount of your Order; as such delivery costs may vary, depending on the amount of your Order, the delivery destination and the delivery method chosen. Any additional charges for delivery will be included in the summary of your Order shown on-screen at the check-out page, before the Order is finally confirmed by the Customer.
2.2.3. Product prices are subject to change at any time and without notice, but you will always be charged the price which is displayed on the Website at the time you confirm your Order. If B Coffee Co. has retail store(s) in your country/region, Product selection, prices and/or promotions offered on the Website may vary at any time from what is available or offered in the retail locations.
2.3. Methods of Payment
2.3.1. You shall pay for the Product in full upon submitting your Order. Payment for Orders may be made by (i) Visa Card or MasterCard issued by a debit card company acceptable to B Coffee Co. or (ii) via Gcash or (iii) cash on delivery. B Coffee Co. reserves the right to change the payment options at any time for any reason.
2.3.2. All credit/debit card transactions made on the Website are secured using the Secure Socket Layer (SSL) technology and payments are processed by Paymaya.
2.3.3. You undertake that the card or account used for payment on Website is your own and that there are sufficient funds or credit facilities to cover the cost of your Order. B Coffee Co. reserves the right to reject an order in the event of an ongoing payment dispute or if a Customer has ordered an unusually high number of products.
2.3.4. If you are a Customer whose credit or debit card is not denominated in Philippine Pesos (PhP), the final price may vary, depending on the exchange rate applied by your card issuer or issuing bank. For the avoidance of doubt, B Coffee Co. shall under no circumstances be responsible for any foreign transaction fees charged by your issuing bank if you are using an international credit/debit card.
2.3.5. Once B Coffee Co. has received cleared funds in full in relation to your Order, you will receive an e-mail from B Coffee Co. confirming your payment (“Payment accepted”).
2.3.6. The Website contains a large number of Products. It is always possible that despite B Coffee Co.’s reasonable efforts, some of the Products on the Website may be incorrectly priced. If B Coffee Co. discovers an error in the price of any Product you have ordered, B Coffee Co. will inform you of this error and apply the price on the Website or the correct price, whichever is lower. If the price on the website is higher than the correct price, B Coffee Co. will refund you the difference based on your original mode of payment for the Order of the Products. For the avoidance of doubt, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, B Coffee Co. does not have to provide the Product to you at the incorrect (lower) price.
2.3.7 Items purchased through the Website and paid through any debit or credit card are still subject to the amount of stocks present in the B Coffee Co. warehouse preparing the Order. In the event of an out of stock issue, the B Coffee Co. team holds the responsibility of communicating with the user to (i) offer an item replacement or (ii) cancel the Order and issue a refund if advised by the user.
2.4. Proof of Orders and payment
In the absence of proof to the contrary, our electronic databases and those of our service providers that are kept under adequate security conditions will constitute proof of all transactions entered into between B Coffee Co. and you. In accordance with applicable regulations, we store orders in a reliable medium. You may access to the orders you place on www.beyourownbarista.today by going to “My Account”. In all cases, B Coffee Co. advises Customers to retain their order confirmation e-mails.
2.5. Refunds
2.5.1 All refunds being issued out to users for Orders placed through the Website will be returned only through the same payment method used to settle the order (cash to cash, card to card).
2.5.2 B Coffee Co. reserves the right to decline a refund request in the event that the item being returned is not in original condition (subject to B Coffee Co. team analysis).
2.5.3 The amount to be refunded to the user will not include the original shipping fee paid when the Order was placed and settled.
2.6. Transfer of title and risk
Title to and risk of accidental loss of the Products purchased passes to the Customer upon issue of the Dispatch Confirmation or Ready for collection email.
- HOME DELIVERY / SELF COLLECTION
3.1. Where do we deliver?
The Website (www.beyourownbarista.today) is intended for use by Customers who reside in the Philippines.
3.2. What are the delivery options for online orders?
You may choose between Home Delivery and Self Collection at B Coffee Co.’s registered address. These delivery options are specified during the process of your Order and explained as well in the main page of the Website: “Delivery”.
3.3. In case of Home Delivery, you will receive in “Dispatch Confirmation/Shipped” email with the time/tracking number of your delivery as well as the contact details of the Carrier you chose.
In case of Self Collection, you will receive a notification “Ready for collection” by email to inform you about the availability of your Products in the B Coffee Co’s registered address.
3.4. The Products shall be packaged in accordance with B Coffee Co’s standard packing procedures. B Coffee Co. reserves the right to accommodate any specific packing instructions and in such cases, any additional charges which may apply shall be paid by the Customer before the Products are dispatched.
3.5. The delivery time given on the Website and in your “Dispatch Confirmation” begins on the date on which the Products you have ordered are dispatched from our premises. B Coffee Co. may contact you if an estimated delivery date cannot be met by the service provider but B Coffee Co. shall in no circumstances be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
3.6. Unless otherwise agreed by the Customer, B Coffee Co. will deliver your Products to the delivery address provided in your Order. On delivery of your Products, you will be required to sign for delivery and if no-one is available to take delivery of your Products, the appointed carrier may contact you to give you instructions on re-delivery (up to 3 delivery attempt).
3.7. Check your Products on reception!
With respect to the acceptance of packages, B Coffee Co. strongly advises Customers to check the apparent condition of items on delivery. In the event of a problem (damaged packaging or missing, damaged or broken items), you shall describe the condition of the parcel being refused in detail on the delivery note and have the carrier countersign the delivery note.
You are therefore strongly advised to open your parcel in the presence of the carrier to check that no item has been damaged during its transportation.
- B COFFEE CO.’S PRODUCTS
4.1. The pictures of the Products on the Website are for illustrative purposes only. Although B Coffee Co. has made every effort to display the colours accurately, B Coffee Co. cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Products purchased may vary slightly from those pictures.
4.2. B Coffee Co. has made every effort to ensure that (i) all information published on the Website in relation to the Products are accurate, (ii) the Website is updated regularly and (iii) errors are corrected within a reasonable time of discovery. B Coffee Co. reserves the right to make changes to the Website at any time including the Product prices, specifications, descriptions, offers and availability.
4.3. If an item ordered is not available, B Coffee Co. reserves the right to cancel the order, in which case, you will be notified accordingly.
If you place an Order for several products and one of which is unavailable, the customer service of B Coffee Co. will inform you accordingly:
- The rest of the Order might be processed and dispatched to you within the time limit indicated on the Website,
- You may also choose to postpone the delivery until the availability of all items ordered or to cancel your entire Order, in which case you must inform B Coffee Co. Customer Service by phone or by e-mail (for contact details, please check the link “Connect” on the Website).
- The Customer Service may also offer you to replace the unavailable item with a similar product of similar quality with your prior agreement.
- RETURN POLICY
5.1. Products purchased on the Website can be returned to B Coffee Co. subject to the following conditions:
- Products must be returned and received by B Coffee Co. within 7 calendar days after purchasing (counting the date of purchase) or within 7 days upon the registration of your machine in our warranty registration form (whichever comes first), if a non-human performance fault occurs on the machine, you can replace it with the same model and specification, or require an in-warranty repair.
- Products must be unused, unassembled and with labels intact.
*You become a B Coffee Co. Member by registering an Account on our Website.
5.3. The return shipping fees by will be paid by B Coffee Co., but the Customer will be responsible for the Products returned until they reach B Coffee Co.’s premises. The Customer must package its item carefully.
5.4. The Products will be inspected once received and in the event that the Products are in an unsuitable condition; B Coffee Co. may have to send back the Products to the Customer at the Customer’s cost and/or refuse to provide a refund.
5.5. Provided that the Products are returned with reasonable care having been taken (no wear and tear or damage and are in the condition that permits B Coffee Co. to resell them), refunds will be processed within fourteen (14) to twenty (21) days after B Coffee Co. has received your return. B Coffee Co. will offer you a refund based on your original mode of payment for the Order of the Products, inclusive of delivery charges (if applicable).
5.6. In the event that you are returning the Products because B Coffee Co. has delivered the wrong Product to you or a Product has been mis-described on the Website and provided that the Product is returned with reasonable care having been taken, B Coffee Co. will offer you a refund based on your original mode of payment for the Order of the Product, inclusive of delivery charges (if applicable) and any reasonable costs incurred by you in returning the Product to B Coffee Co..
5.7. The Customer can go to “Connect” section on the Website to exchange with B Coffee Co. Customer service for any question regarding its return.
- PRODUCT WARRANTY
6.1. Most of B Coffee Co.’s Products offered for sale on the Website are covered by a sales warranty for the period stipulated on the relevant web page of the Product, which is in most of the case, at least 1 year warranty from date of purchase.
6.2. During the warranty period, the Customer has the right to return any defective product, in order to obtain repair or replacement of the defective product, depending of the nature of the defect. If such repair or replacement would be either impossible, disproportionate in cost or cannot be managed by B Coffee Co. within a reasonable time, B Coffee Co. will refund the Customer with a credit equal to the full purchase price of the Product paid by the Customer. In this circumstances, we thank you to contact the B Coffee Co. Customer Service (please refer to “Connect”).
6.3. The sales warranty described in Clauses 6.1 and 6.2 does not apply to any defect in the Products arising from:
- fair wear and tear or natural deterioration,
- misuse, inappropriate storage, lack of proper maintenance, wilful damage, accident, negligence by the Customer or by any third party;
- failure to install, operate or use the Products in accordance with the user instructions, specifications or conditions made available to the Customer by B Coffee Co.; or
- any alteration or repair by the Customer or a third party who is not one of B Coffee Co.’s authorized repairers.
6.4. If a Product is returned to B Coffee Co. without a valid reason or due to a defect arising from any one of the circumstances described in Clause 6.3 above, B Coffee Co. reserves the right to dismiss the Customer’s request and return the Product to the Customer at the Customer’s cost and expense.
6.5. If the Product has no defect and has not been used, but you simply change your mind, please refer to the conditions of the “Return Policy”.
- ACCESS AND USE OF WEBSITE
7.1. Access to the Website
B Coffee Co. will not be liable if for any reason the Website or any content on it is unavailable or interrupted. B Coffee Co. reserves the right to suspend, withdraw, discontinue or change all or any part of the Website without notice.
7.2. Use of Website
7.2.1. Unless otherwise specified, the Website is solely for your personal and non-commercial use and you agree that you are only authorized to visit, view and retain a copy of any information or services obtained from the Website for informational use. You understand and agree that you are strictly prohibited from duplicating, adapting, modifying, commercially distributing, publishing, licensing or selling any information, material or services obtained from the Website.
7.2.2. You may not use the Website:
(a) In any way that breaches any applicable law, regulation or rule;
(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or
(d) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
7.3. Member Account and Password
7.3.1. If you choose to create an account on the Website, you must complete the registration process by providing B Coffee Co. with current, complete and accurate information. You are responsible for all use of your account and for keeping your user name and password confidential.
7.3.2. You agree to notify B Coffee Co. immediately if you know of or suspect any unauthorized use of your account or any other breach of security.
7.3.3. Please refer to our ‘Privacy Policy’ for information on how B Coffee Co. uses your data. By using the Website, you consent to such processing and you warrant that all data and information provided by you are current, complete and accurate.
7.4. Content
7.4.1. All information, text, descriptions, data, graphics, images, logos, illustrations, designs, icons, video clips, audio clips, sounds, files, specifications, advertisements, titles, names, intellectual property rights and any other information provided on the Website (hereinafter referred to as the “ Content”) are owned by B Coffee Co. or its associated companies.
7.4.2. B Coffee Co. makes no representations, warranties or guarantees, whether express or implied, that the Content on the Website is accurate, complete or up-to-date. B Coffee Co. reserves the right, in its sole discretion, to amend, modify, update, change or otherwise alter the Content at any time without providing notice.
7.4.3. The Website may include links to third party websites that let you leave the Website. These linked sites are not under the control of B Coffee Co. and B Coffee Co. is not liable or responsible for the accuracy, completeness, timeliness or availability of any third party Content. Links to any third party websites are provided for your convenience only and the inclusion of any link does not imply endorsement by B Coffee Co. of the website. Your use of such third party website is at your own risk and may be subject to that third party’s terms and conditions.
7.5. Intellectual Property Rights
7.5.1. B Coffee Co. and/or its associated companies are the owner(s) or the licensee(s) of all intellectual property rights in the Website. Such intellectual property rights shall include but are not limited to copyrights, trademarks, industrial design rights, patents, know-how, privileged or similar information, whether registered or not, as well as all other rights related to B Coffee Co. or its associated companies’ trademarks, Products or business activities.
7.5.2. Except as expressly permitted by B Coffee Co., you may not use, reproduce, copy, modify, publish, transmit, distribute, display, download, license, transfer or sell any Content.
7.6. User-Generated Content
7.6.1. B Coffee Co. does not claim ownership of the content you provide to B Coffee Co. (including Product Reviews, ratings, suggestions, pictures) or post, upload or submit to the Website for review by the general public, or by the members of any public or private community (collectively, “ User-Generated Content”).
7.6.2. Any User-Generated Content posted, uploaded or submitted on the Website will be considered non-confidential and non-proprietary and B Coffee Co. will be permitted to use, copy, distribute, reproduce, publish, sublicense and otherwise disclose to third parties such User-Generated Content for any purpose without providing any notice.
7.6.3. B Coffee Co. has the right to disclose your identity to any third party who is claiming that any User-Generated Content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy and B Coffee Co. will not be responsible, or liable to any third party, for the User-Generated Content or accuracy of any User-Generated Content posted by you or any other user of the Website.
7.6.4. You agree that any User-Generated Content that you post, upload or submit to the Website:
(a) is accurate (where they state facts);
(b) is genuinely held (where they state opinions); and
(c) complies with specific terms and conditions of B Coffee Co. with the applicable laws in the country from which they are posted.
7.6.5. You agree that you shall not post, upload or submit to the Website, any User-Generated Content that:
(a) is not related to appropriate subject matters;
(b) is misleading to others;
(c) contains viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
(d) infringes any third party intellectual property rights;
(e) is unlawful, harmful, threatening, abusive, vulgar, obscene, defamatory, pornographic, indecent, hateful, offensive, or racially, ethnically or otherwise objectionable;
(f) promotes violence or any illegal activity or is likely to deceive any person;
(g) is in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(h) advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
(i) intentionally or unintentionally breaches any applicable local state, national or international law, regulations or rules.
7.6.6. B Coffee Co. will determine, in its own discretion, whether there has been a breach of this Clause 7 through your use of the Website and reserves the right to take any such action as B Coffee Co. deems appropriate, including but not limited to the following actions:
(a) immediate, temporary or permanent removal of any User-Generated Content from the Website at any time and for any reason and/or your right to use the Website;
(b) issue of a warning to you; or
(c) legal action against you for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs)
- DISCLAIMER AND LIMITATION OF LIABILITY
8.1. B COFFEE CO. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, USER-GENERATED CONTENT, SERVICES OR ANY OTHER INFORMATION OR MATERIAL SET OUT OR MADE AVAILABLE THROUGH THE WEBSITE, (B) ANY UNAUTHORIZED USE OF SECURE SERVERS (WHETHER PROVIDED BY B COFFEE CO. DIRECTLY OR BY THIRD PARTIES APPOINTED BY B COFFEE CO.) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (C) ANY PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM A CUSTOMER’S ACCESS TO AND USE OF OR RELIANCE ON ANY CONTENT, USER-GENERATED CONTENT, SERVICES OR ANY OTHER INFORMATION OR MATERIAL SET OUT OR MADE AVAILABLE THROUGH THE WEBSITE OR ANY LINKED THIRD PARTY WEBSITE(S), (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES PROVIDED ON THE WEBSITE AND OR LINKED THIRD PARTY WEBSITE(S), (E) ANY VIRUSES, TROJAN HORSES, WORMS, TIME-BOMBS, KEYSTROKE LOGGERS, SPYWARE, ADWARE OR ANY OTHER HARMFUL PROGRAMS OR SIMILAR COMPUTER CODE DESIGNED TO ADVERSELY AFFECT THE OPERATION OF ANY COMPUTER SOFTWARE OR HARDWARE TRANSMITTED THROUGH THE WEBSITE OR ANY LINKED THIRD PARTY WEBSITE(S) AND/OR (F) ANY ERRORS OR OMISSIONS IN THE CONTENT, USER-GENERATED CONTENT, INFORMATION OR MATERIAL SET OUT OR MADE AVAILABLE THROUGH THE WEBSITE (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY NATURE INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY OF THE FOREGOING.
8.2. ANY CONTENT, USER-GENERATED CONTENT AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE WEBSITE OR ANY LINKED THIRD PARTY WEBSITE IS DONE AT THE CUSTOMER’S OWN DISCRETION AND RISK AND THE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR ELECTRONIC DEVICE, OR ANY LOSS OF DATA THAT RESULTS THEREFROM.
8.3. USE AND RELIANCE UPON ANY AND ALL OF THE CONTENT, USER-GENERATED CONTENT IS AT THE CUSTOMER’S OWN DISCRETION AND RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS MAY EXPRESSLY BE STATED HEREIN, B COFFEE CO. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT, USER-GENERATED CONTENT, SERVICES OR ANY OTHER ITEMS OR MATERIALS MADE AVAILABLE OR LINKED TO FROM THE WEBSITE.
- INDEMNITIES
The Customer shall keep B Coffee Co. fully indemnified against all actions, claims, demands, proceedings, liabilities, losses (whether direct, indirect or consequential), costs (including legal costs on a full indemnity basis) and expenses of every kind suffered or incurred by B Coffee Co., its officers, employees, servants, representatives, manufacturers, distributors, corporate affiliates and/or agents, arising out of or in connection with:
(a) any claim made by any third party due to or arising out of any Content posted by the Customer on the Website;
(b) any actual or alleged breach or non-performance or non-observance of any of the Customer’s obligations or warranties under these General Conditions, or otherwise arising in any way out of the Customer’s use of the Website or purchase of the Products; or
(c) any infringement or misappropriation by the Customer of any third party’s patent, copyright, trademark or other intellectual property rights in connection with the use of the Website or purchase of the Products.
- FORCE MAJEURE
10.1. A “Force Majeure Event” means any cause which is not reasonably foreseeable and is beyond the reasonable control and not due to the fault or negligence of the Party affected (including its subcontractors, if any) and which could not have been avoided by due diligence and the use of reasonable efforts. A Force Majeure Event includes, without limitation, Acts of God, drought, flood, earthquakes, storm, fire, lightning, epidemic, war, riot, civil disturbance, sabotage, explosions, strikes, or labour disputes (excluding any strikes, labour disputes or other labour difficulties in which the employees of the affected Party (or its subcontractors, if any), are involved) and changes in law. A Force Majeure Event includes the failure of a subcontractor to furnish labour, services, materials or equipment in accordance with its contractual obligations only if such failure is itself due to a Force Majeure Event.
10.2. B Coffee Co. shall not be liable for failure or delay in performing any of its obligations under these General Conditions to the extent that the failure or delay is due to a Force Majeure Event PROVIDED ALWAYS THAT:
- as soon as reasonably practicable upon knowing that it will not be able to fulfil its obligations, it notifies the Customer; and
- no obligations of B Coffee Co. which arose before the occurrence of the Force Majeure Event causing the suspension of performance are excused as a result of the occurrence.
10.3. Where the Force Majeure Event affects B Coffee Co.’s delivery of Products to the Customer, B Coffee Co. will arrange a new delivery date with the Customer after the Force Majeure Event is over.
- GENERAL LEGAL PROVISIONS
11.1. Remedies and Waivers
No failure on the part of B Coffee Co. to exercise, and no delay on its part in exercising, any right or remedy under these General Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights provided in under these General Conditions are cumulative and not exclusive of any rights or remedies provided by law. If B Coffee Co. does waive a default by the Customer, it will only do so in writing.
11.2. Illegality
The illegality, invalidity or unenforceability of any provision of these General Conditions under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
- GOVERNING LAW
These General Conditions shall be governed by and construed in accordance with the law of the Philippines. In the absence of amicable solution, any dispute shall be submitted to the exclusive jurisdiction of the competent court in Pasig City or quasi-judicial body, whichever is applicable.