1. Accepting these terms
ShopSmart is an online marketplace and the trading name of ShopSmart Consumer Goods Trading, a business name registered with the Department of Trade and Industry (DTI) under Business Name No. 7273017, with its principal office at Unit 2F, TAA Center, F. Cabahug Street, Kasambagan, Cebu City 6000, Philippines. In these terms, "ShopSmart", "we", and "us" mean that business; "you" means the person using the service. The platform is built and maintained for us by our technology provider, Dinnox IT Solutions.
By creating an account, placing an order, or otherwise using ShopSmart — through our website or our mobile applications — you agree to these terms and to our Privacy Policy. If you do not agree, please do not use the service.
2. Our role as a marketplace
ShopSmart is a venue, not the seller. Products on ShopSmart are listed and sold by independent sellers. Unless a listing states that ShopSmart is the seller, your contract of sale for the goods is with the seller, not with us.
This means the seller is responsible for the accuracy of its listings, the quality, safety, and legality of its products, and for fulfilling the order it accepts. We provide the platform, take payment on the seller's behalf, arrange delivery options, and offer support and dispute assistance.
We verify sellers before they can trade, and we act on reports of listings that break our rules or the law. We do not, however, inspect every item sold, and we do not warrant a seller's goods.
3. Who can use ShopSmart
You must be at least 18 years old and able to enter into a binding contract under Philippine law. A minor may use ShopSmart only through the account of, and under the supervision of, a parent or guardian who accepts responsibility for that use.
ShopSmart is offered for delivery within the Philippines. You are responsible for complying with any law that applies to you where you are.
4. Your account
You agree to give accurate information when you register and to keep it up to date. Your account is personal to you.
Keep your password and any one-time passcodes confidential. You are responsible for activity that takes place through your account, except where it results from our own failure. Tell us promptly at inquiries@shopsmart.net.ph if you believe your account has been used without your permission.
You may close your account at any time from your account settings. Closing it does not cancel orders already placed or affect obligations already incurred.
5. Placing an order
A listing is an invitation to buy, not a binding offer. When you place an order you make an offer to the seller. A contract of sale is formed only when the seller accepts and confirms your order.
We may decline or cancel an order before it is confirmed — for example where an item is out of stock, where a price or description is obviously wrong, where we cannot verify payment, or where we reasonably suspect fraud or a breach of these terms. If we cancel an order you have already paid for, we refund you in full.
Stock is finite and is held only briefly while you check out. Adding an item to your cart does not reserve it.
6. Prices and payment
Prices are shown in Philippine pesos and, unless stated otherwise, include value-added tax where it applies. Delivery charges are shown separately before you confirm your order, and the total payable is displayed at checkout before you commit.
We accept the payment methods shown at checkout, which may include e-wallets, cards, online banking, and cash on delivery where the seller and courier support it. Payments are processed by a licensed third-party payment provider; we do not store your full card details.
If a price is listed in error, we will tell you before the order is confirmed and you may proceed at the correct price or cancel without charge.
Delivery charges quoted at checkout are based on the details you provide. Where a courier's final charge differs because the address, weight, or dimensions were materially different from what was given, we may contact you before dispatch.
7. Delivery
Delivery is carried out by third-party couriers. Estimated delivery windows are estimates, not guarantees, and can be affected by weather, traffic, and courier capacity.
Please give a complete address and a contact number that will be answered. Where a delivery fails because nobody was available or the address was wrong, a re-delivery charge may apply, and cash-on-delivery orders may be returned to the seller.
Risk in the goods passes to you on delivery to the address you gave, or to the person who accepts the parcel there. Please check your parcel on arrival and report any shortage or visible damage promptly, as it is much easier to resolve at that point.
8. Cancellations, returns, and refunds
Cancelling before dispatch
You may cancel an order without charge up to the point the seller hands it to the courier. Once a parcel has been handed over it is on its way and can no longer be cancelled from the app; you may instead refuse it on delivery or use the returns process below.
Returns
You may return an item that arrives damaged, defective, incomplete, or materially different from its description. Tell us within seven (7) days of delivery through your order page, with photographs where the problem is visible, and keep the item and its packaging until the claim is resolved.
Some items cannot be returned once opened or unsealed unless they are faulty — perishable goods, personal care and hygiene items, and made-to-order or personalised products. Where that applies it is stated on the listing.
Refunds
Approved refunds are issued to the original payment method, or to a nominated account where the original method cannot receive a refund. Refunds are usually released within seven (7) business days of approval; your bank or e-wallet provider may take longer to post the funds.
Your statutory rights stand. Nothing in this section reduces the rights the Consumer Act of the Philippines (Republic Act No. 7394) and other consumer laws give you against a defective, unsafe, or misrepresented product. Where this policy and the law differ, the law prevails.
9. Reviews and content you post
You may post reviews, ratings, photographs, and questions. What you post must be your own honest experience, must be accurate, and must not be unlawful, misleading, offensive, or infringe anyone's rights.
You keep ownership of what you post. By posting it you grant us a non-exclusive, royalty-free, worldwide licence to host, display, reproduce, and distribute it in connection with operating and promoting ShopSmart. You can delete your content, though copies may remain in backups for a period.
We may remove content that breaches these terms. We do not pay for reviews, and we do not remove a review simply because a seller dislikes it.
10. Acceptable use
When using ShopSmart you must not:
- break any law, or sell or buy anything whose sale is prohibited or restricted;
- impersonate another person, or misrepresent who you are or who you act for;
- interfere with the service, probe or breach its security, or attempt to access accounts or data that are not yours;
- scrape, harvest, or systematically copy listings, prices, images, or user data;
- place orders you do not intend to pay for or receive, or otherwise abuse cash on delivery, vouchers, or refunds;
- post or transmit malware, spam, or unsolicited advertising; or
- harass, threaten, or abuse other users, sellers, couriers, or our staff.
11. Selling on ShopSmart
Selling requires a separate seller account and acceptance of our seller terms, which apply in addition to these terms. Before a seller can trade we verify its identity and registration, which may include government identification, DTI or SEC registration, a BIR Certificate of Registration, and a Mayor's Permit.
Sellers are responsible for the legality, safety, accuracy, and fulfilment of their listings, for issuing the receipts and invoices the law requires, and for their own tax obligations. We may suspend or remove a seller or a listing that breaches our rules or the law, and we may withhold settlement where there is an unresolved dispute or a reasonable suspicion of fraud.
12. Intellectual property
The ShopSmart name, logo, software, design, and the content we create are owned by us or our licensors and are protected by intellectual property law. We grant you a personal, non-transferable, revocable licence to use the service for its intended purpose. You may not copy, modify, reverse-engineer, or create derivative works from it except to the extent the law permits.
Seller listings, brand names, and product images belong to their respective owners. If you believe material on ShopSmart infringes your rights, contact us with details and we will investigate.
13. Our responsibility to you
We provide the marketplace with reasonable care and skill. We do not promise that the service will always be uninterrupted or error-free, and we may suspend it for maintenance or for reasons outside our control.
Because sellers — not ShopSmart — sell the goods, we are not responsible for a seller's products, the accuracy of its listings, or its performance of a sale, beyond the assistance and dispute support we provide. Nor are we responsible for delays or damage caused by a courier, though we will help you pursue a claim.
To the extent the law allows, we are not liable for indirect or consequential loss, or for loss of profit, revenue, data, or goodwill. Where we are found liable in connection with an order, our liability is limited to the amount you paid for that order.
Limits that the law does not allow, we do not claim. Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be excluded under Philippine law — including your rights under the Consumer Act.
14. Suspension and closure
We may suspend or close an account, cancel orders, or withdraw access where a user breaches these terms, where we are required to by law, or where we reasonably suspect fraud or a risk to other users. Except where doing so would be unlawful or would compromise an investigation, we will tell you why and give you a way to respond.
Any amount properly owed to you at the time — a refund due, or a seller's settled balance — remains payable.
15. Governing law and disputes
These terms are governed by the laws of the Republic of the Philippines.
If something goes wrong, please contact us first — most issues are resolved quickly through our support team, and it is the fastest route for you. If a dispute cannot be resolved that way, it will be submitted to the exclusive jurisdiction of the courts of Cebu City, Philippines, without prejudice to any right you have to bring the matter before the Department of Trade and Industry or another body with jurisdiction.
If any provision of these terms is held invalid or unenforceable, the rest remains in force.
16. Changes to these terms
We may update these terms as the service and the law develop. The "last updated" date above always reflects the current version. Where a change materially affects your rights or obligations we will give reasonable notice through the service or by email before it takes effect. Continuing to use ShopSmart after a change takes effect means you accept the updated terms. Orders already placed are governed by the terms in force when they were confirmed.
