Terms and Conditions
Please revisit our TOS regularly as they are subject to change without us directly informing you. Only the most recent version of our TOS is accessible from our website, and the most recent version supersedes all previous TOS published by us. If you do not agree to any change to the TOS, then you must immediately stop using the Site.
To use some of the services or features made available to you on this Site, you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. We may change registration requirements from time to time. Should any of your registration information change, please notify us immediately.
Eligibility to Purchase
To make purchases on the Site, you will be requested to register and provide your personal details. Customers must provide their real name, phone number, e-mail address and other requested information as indicated. We reserve the right to only accept orders from those over 18 years of age. If you are under 18, you must obtain your parent or guardian’s consent before you register to use this Site or any of this Site's services. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available but not limited to individuals and others who meet the XavierExclusive.com terms of eligibility, who have been issued a valid credit card by a bank acceptable to XavierExclusive.com, whose applications are acceptable to XavierExclusive.com and who have authorized XavierExclusive.com to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. XavierExclusive.com reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
All orders are subject to acceptance and availability. XavierExclusive.com offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally, however, we may be waiting for shipments from our suppliers. Consequently, you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once stock has been delivered to XavierExclusive.com. XavierExclusive.com will only take Advance Purchase orders for stock that has been scheduled for delivery by a supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at XavierExclusive.com. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.
Please note that items in your shopping basket/cart are not reserved and may be purchased by other customers.
Prices shown on the Site are in PHP (Philippine Pesos) and are inclusive of VAT at the applicable rate. All prices and offers remain valid as advertised from time to time. The PHP price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error. Product prices are set using existing currency exchange rates. These prices are subject to change at any time during the selling period.
Customers purchasing from XavierExclusive.com will be charged for the items purchased and corresponding shipping costs. If you are a customer whose credit card is not denominated in PHP, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.
Acceptance of Your Order
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and XavierExclusive.com will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in the Philippines where our operation center is located and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that certain shipping restrictions apply to an item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason, or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third-party by reason of our withdrawing any merchandise from the Site, whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
We have made every effort to display as accurately as possible the colors, photos, videos, and information of all products that appear on XavierExclusive.com. All information shown have been obtained from our partners and vendors and we have done due diligence in ensuring that the information shown is complete and correct. However, as display monitors vary and manufacturer information may change from item to time, we cannot guarantee that all product information on the website will be completely accurate and error-free.
Payment can be made by Visa, Visa Electron, MasterCard, American Express, Delta, and Maestro debit cards and any other methods which may be clearly advertised on the Site. Payment will be debited and cleared from your account upon dispatch of your order by XavierExclusive.com. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to XavierExclusive.com, we will not be liable for any delay or non-delivery.
We take all reasonable care to make our Site secure. All credit card transactions on this site are processed using PayPal or other secure Payment Gateway providers. To help ensure that your shopping experience is safe, simple and secure, XavierExclusive.com uses Secure Socket Layer (SSL) technology. Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
Insurance and Delivery
XavierExclusive.com insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes, then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by XavierExclusive.com and transfer of responsibility in the same way.
Please note that we aim to dispatch all orders within the timeframe specified on our website. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, XavierExclusive.com is not responsible for any delays caused by our third-party courier partners.
You can check the status of your shipment by signing into your account and selecting MY ACCOUNT. Click on the “View Button” of your Order ID/#, you’ll find your tracking number there. XavierExclusive.com will store a record of your transactions for a minimum of one year.
Returns and Exchanges
All items sold in XavierExclusive.com goes through our quality control procedures. We inspect every item before it is shipped, and all goods are shipped fully insured in case of loss or damage. Because we feel that we offer the highest quality products at the best prices, and we inspect and pack all our orders with care, we think you will be extremely satisfied with your purchase.
However, there are times when items are damaged, defective, or incorrectly shipped. If this is the case for you, we will gladly replace them. If you have a need to return goods to us for whatever reason, please contact us outlining the reason for return and request your Returns Merchandise Authorization (RMA) number within 7 days of order receipt, and return your unwanted items within 14 days of receiving your RMA number for a product exchange, based on stock availability.
We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our operations center. In case of dispute, we also recommend you retain proof of sending.
Items may be exchanged within seven days with other items for sale in XavierExclusive.com, except products listed on the Site that are not eligible for return. The shipping fee for the original item will not be refunded and the shipping fees for the new item and the item to be exchanged will be shouldered by the buyer. All merchandise must be returned in the condition they were received and in original packaging.
Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused. All items returned should have a Return Merchandise Authorization (RMA) number to ease the process. Unidentified returns may be returned to the sender.
Intellectual Property Rights
Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and any other intellectual property and material rights relating to the Content (as described in the Content section below), including XavierExclusive.com Software and all HTML and other code contained in this Site. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by XavierExclusive.com and/or its third-party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any text, graphics, images, software, photographs, including all image rights, sounds, music, video, audio or text on this Site. All such Content is protected by international copyright law and cannot be copied or reproduced without our written permission. We own or are licensed to use all material that appears anywhere on the Site.
XavierExclusive.com tries to ensure that the information on this site is accurate and complete. XavierExclusive.com does not promise that XavierExclusive.com's Content is completely accurate or error-free. We offer no warranty that we will provide you will error-free information about any product or service, or correct any inaccuracies that we are alerted to. Moreover, XavierExclusive.com does not promise that the functional aspects of the Site or will be error-free or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
No Commercial Use
This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
We may include hyperlinks on this Site to other websites or resources operated by parties other than XavierExclusive.com, including advertisers. XavierExclusive.com has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
You have certain rights under the law. These include, in the Philippines:
- That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
- Certain remedies if a product is defective; and
- A right to exchange any order of a product within seven (7) working days commencing on the day after the date on which you received it.
Nothing in the TOS is intended to affect these rights.
Limits on Liability
Nothing in the TOS is intended to affect your rights under the law (see "Your Rights" above). If XavierExclusive.com breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and XavierExclusive.com at the time of you placing your order, and XavierExclusive.com dispatching your order. We shall only be liable for losses up to 100% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity). We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events which beyond our reasonable control, including force majeure.
At our request, you agree to compensate us fully, defend us and hold us XavierExclusive.com harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and XavierExclusive.com resulting from your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of XavierExclusive.com, and we shall not be liable for any representation, act, or omission on your part.
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
Responsibility and Violation
You agree that you will be personally responsible for your use of this Site and for all your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
The TOS together with all our policies and procedures will be governed by and construed in accordance the relevant Philippine law and the relevant courts of the Philippines will have exclusive jurisdiction.