This Website is operated by Benby Retail Inc. Throughout the site, the terms “we”, “us”, “our”, and the “Company” refer to Pepsico Distributed and Managed by Benby Retail Inc. Pepsico powered by Benby Retail Inc, offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

 

1. Eligibility and Acceptance - In accessing the site and purchasing any products offered in the site, you must be at least 18 years of age or older. If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your access of the Site or purchase of products; and (iii) your acceptance and compliance with these Terms. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing site and avail of any of our products and services.

 

The Terms shall be valid and binding upon you from the time of your registration and/or availing of our services until such time that your registration is terminated, except for the specific terms and conditions that survive termination contractually and legally. We reserve the right to modify these Terms without prior notice and such changes or amendments shall be immediately effective upon the posting of these Terms in the website. As such, you hereby agree to such changes and we encourage you to periodically visit these Terms to be informed of the latest and updated version.

 

You hereby agree not to impersonate any person or entity, or falsely state or otherwise represent your identity, age or affiliation with any person or entity. The failure to do so constitute a breach of these Terms. You also hereby agree that we have the sole prerogative and right to suspend or terminate your use of the site in the event that you violate these terms. You further agree that we shall be entitled at any time, at our sole discretion and without prior notice, to temporarily suspend the operation of the website and/or mobile app for updates, maintenance and upgrading purposes without any liability from our end.

 

2. Conduct Allowed and Not Allowed or Prohibited - You agree (a) to access and/or use the site only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the site in good faith; and (b) to ensure that any information or data you post or cause to appear on the site in connection with the services is accurate and agree to take sole responsibility for such information and data.

 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

In addition to the restrictions and limitations stated elsewhere in these Terms, you agree not to: (i) use or access the site to facilitate or support any act or omission by any party that violates these Terms or any laws in any jurisdiction; (ii) infringe our or any third party’s intellectual property rights, rights of publicity or privacy; (iii) intentionally interfere with or damage operation of site or any other user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features; (iv) use our platforms in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to us, a third party or you; (v) use the platforms in a manner that we or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules; (vi) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vii) to submit false or misleading information; (vii) to collect or track the personal information of others; (viii) to spam, phish, pharm, pretext, spider, crawl, or scrape; (ix) for any obscene or immoral purpose; or (x) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

 

You further agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

3. Access and Availability - In accessing the Site and purchasing any of the products, you undertake to secure your account and your payment instruments must be strictly kept confidential and must not be disclosed to anyone else. In the event that you lose possession or control of your device in which you access the Site, you must immediately notify and instruct us to restrict the access of your account. Until and unless you notify us, all purchases and payment transactions made which are associated with account shall be deemed correct, valid and issued by you. As such, you hereby hold us free and harmless from any and all liability arising from such erroneous purchase and payment transaction due to unauthorized access without our fault or negligence. Conversely, you agree to indemnify us against any and all liabilities, losses, claims and damages as a result of your negligence, breach or non-compliance with the provisions of these Terms or as a result of you losing your devices or disclosure of your passwords.       

 

 

We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Site or any products therein and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing Site.

 

4. Intellectual Property - Any and all intellectual property associated in and to the Site and any content therein are owned, licensed to or controlled by us, our licensors or our service providers. The products listed in the Site contain proprietary content exclusively owned by the Company and/or its licensors and is protected by copyright, trademark and other applicable intellectual property laws. We will prosecute to the fullest extent of the applicable laws in case of duplication, sharing (including in social media site) or uploading any product content.

 

No part or parts of the Site, or any materials and contents may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners.

 

Company trademarks, service marks, graphics, and logos used in connection with Site products are trademarks or registered trademarks of the Company or that of its suppliers. You are granted no right or license with respect to any of the aforesaid trademarks.

 

In accessing the Site and availing of any of our products, you hereby agree not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights.

 

5. Privacy and Confidentiality – All information you provided in accessing and using the Site are subject to the Company’s Privacy Policy. The Company does not knowingly collect personal information from children under the age of 18 and does not wish to do so. The Company reserves the right to request proof of age so that it can verify that minors under the age of 18 are not accessing the Site. You may access our Privacy Policy here.

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

6. Limitation of Liability - The Site and the listed products and the relevant information therein are provided on an “as is” and “as available” basis. All data and/or information contained in the Site and products are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Site and the products. Without prejudice to the generality of the foregoing, we do not warrant:

 

(a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Site and the products;

(b) that the Site will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;

(c) that Site is free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and

(d) the security of any information transmitted by you or to you through the Site and you accept the risk that any information transmitted or received through the Site may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the internet.

 

Exclusion of liability: We shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

 

(a) any access, use and/or inability to use the Site;

(b) reliance on any data or information made available through the Site. You should not act on such data or information without first independently verifying its contents;

(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

(d) any use of or access to any other website or webpage linked to the Site, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

 

At your own risk: Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Site or any products listed therein is entirely at your own risk and we shall not be liable therefor.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall BenbyMart, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend and hold harmless BenbyMart and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

7. Purchase of Products – In purchasing any products in the Site, you agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of products through the Site, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

 

• Product description: While we endeavor to provide an accurate description of the products, we do not warrant that such description is accurate, current or free from error. In the event that the product you receive is of a fundamentally different nature from the product as described on the Site and which you have ordered, you may seek or claim for refund or return, subject to the terms as described below.

 

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE PRODUCTS IS AT YOUR SOLE RISK. By purchasing any products, you accept, agree, and understand that you are fully responsible for your progress and results and that we offer no representations, warranties, or guarantees verbally or in writing regarding the fitness of the products.

 

7.2.       Products and Prices - Prices for our products are subject to change without notice.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy hereunder.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

• Order Placement: You may place an order by completing the order form on the Site. You shall be responsible for ensuring the accuracy of the order, including the delivery address. All orders will be deemed to be irrevocable and unconditional upon transmission through the Site shall be entitled (but not obliged) to process such order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances, you may request to cancel or amend the order; however, we will endeavor to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, we are not obliged to give effect to any request to cancel or amend any order.

 

• Acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by us which has not been stated expressly in the Site or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by us. You also acknowledge and agree that to the extent allowed under Philippine law, the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms allocate risks between the parties and permit us to provide the products at lower fees or prices than our suppliers otherwise could and you agree that such exclusions on liability are reasonable.

 

 

• Delivery of the Products – (a) Delivery of the products shall be made to the address you specify in Site either through us or our agents; (b) You acknowledge that delivery of the products is subject to availability of the products. We will make every reasonable effort to deliver the product to you within the delivery timeframe stated on the relevant page on which the product is listed. All delivery timeframes given are estimates only and delays can occur. If the delivery of your product is delayed, we will inform you accordingly via e-mail and your product will be dispatched as soon as it becomes available. The time for delivery shall not be of the essence, and we (nor any of its agents) shall not be liable for any delay in delivery whatsoever caused; (c) In the event you do not receive the product by the projected delivery date and provided that you inform us within 3 days immediately from such projected delivery date, we will try, to the best of our ability, to locate and deliver the product. If we do not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the product subject to your rights under Philippine law. Please refer to our Shipping Policy below.

 

• Payment – (a) You may pay for the product using any of the payment methods prescribed in the Site from time to time. When you place an order, actual payment will be only charged upon our acceptance of your order. All payments shall be made to us. You acknowledge that we are entitled to collect payments from you; (b) The payment methods may be subject to additional terms as prescribed by us or by your payment instrument provider; (c) You agree that you are subject to the applicable user agreement of your payment method. You may not claim against us, for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason; (d) If you fail to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to us, we shall be entitled to cancel your order or suspend delivery of the products until payment is made in full.

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

• Refund of Payment - All refunds shall be made via the original payment mechanism and to the person who made the original payment, where refunds may be made via bank transfer or store credit into the individual’s bank account provided that complete and accurate bank account details are provided to us. We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us. All refunds are conditional upon our acceptance of a valid return of the Product. We reserve the right to modify the mechanism of processing refunds at any time without notice.

 

• Return Policy – We are not obliged to agree to any return unless all instructions are followed to our satisfaction. Should we agree to the return, we will deliver the replacement product to your specified address.

 

1. Refund / Replacement for Same-day Deliveryshould be reported within 12 hours upon receiving the item from the logistics or delivery partner. Otherwise, any request beyond 12 hours will not be honored and considered as completed order. 
2. Refund/Replacement for Scheduled Delivery- We have a 7-day return policy, which means you have 7 days after receiving your item to request a return. To be eligible for a return/refund, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.

 

To start a return, you can contact us at "Customer Service" If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.

You can always contact us for any return questions at "Customer Service"

 

1. Damages and issues - Please inspect your order upon reception and contact us our "Customer Service" immediately if the item is defective, damaged or if you receive the wrong item so that we can evaluate the issue and make it right.

 

1. Exceptions / non-returnable items - Certain types of items cannot be returned, like perishable goods (such as food, flowers, or plants), custom products (such as special orders or personalized items), and personal care goods (such as beauty products). We also do not accept returns for hazardous materials, flammable liquids, or gases. Please get in touch if you have questions or concerns about your specific item. Unfortunately, we cannot accept returns on sale items or gift cards.

 

1. Exchanges- The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.

 

1. Refund - We will notify you once we have received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.

 

 

 

8. Shipping Policy

 

Delivery Type

 

Same-Day Delivery - 1 to 2 Delivery depends on the customer location within a 10km radius from our Warehouse pick-up point. (Banawe Quezon City and South Muntinlupa). Note: Same Day Delivery only caters up to 20kg.

 

Scheduled Deliveries - 5 to 7 Days within Metro Manila and 10 to 15 Days for Outside Metro Manila

 

9. Optional Tools

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

9. 
   Third-Party Links - Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
10. 
    User Comments, Feedback And Other Submissions - If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

10. MISCELLANOUS PROVISIONS

 

• The validity, interpretation, legal effect, controversy and enforcement of this Agreement shall be governed by the laws of the Philippines, without regard to conflicts of laws.

 

• You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the Company, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.

 

• These Terms shall be binding upon the parties. You have no right to assign this agreement, by operation of law or otherwise.

 

• The Company reserves the right at any time to change, modify, or add the terms of these Terms. Such modifications and additional terms and conditions shall be effective immediately and incorporated into these Terms.

 

• You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms. The Company may, without waiving any other remedies under these Terms seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the arbitration referenced above.

 

• You hereby irrevocably and unconditionally consent that all actions shall be filed in the proper courts of Quezon City only.

 

• These Terms constitute the entire agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.

 

• The parties shall comply with all applicable laws in performing these Terms.

 

• The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.

 

11. Contact Us – If you have any questions, please email us at t customercare@benby.com.