These Terms of Service ("Terms") are intended to regulate your rights and obligations to use Kohler's official website (the "Website") and your right and obligation to order goods from Wilcon Depot Inc. (the "Distributor"). The goods you order through this Website will be sold by the Distributor and matters relating to the goods, including delivery, return, and product warranty, will be subject to the Distributor's terms and conditions of service. The terms and conditions of service of the Distributor are set out on the product page of this Website.
When you use this Website for registration procedures or engage in ordering, payment, consumption, etc., you confirm that you have read, understood, and agreed to accept all the provisions and agreements of these Terms. If you are under the age of eighteen (18), your parent (or guardian) should be asked to read, understand and agree to all the contents of these Terms in collaboration, and your parent (or guardian) shall be deemed to have read, understood and agreed to accept all of these Terms when you use this Website for registration procedures or engage in ordering, payment, consumption and other related acts. Kohler reserves the right to change, modify, add or delete the contents of these Terms at any time without notice, unless otherwise required by applicable law. When you continue to use this Website, you will be deemed to have read, understood and agreed to accept all of the contents of these Terms, as amended. If you do not agree to any of the contents of these Terms after consideration, please immediately stop using this Website, do not engage in registration procedures or engage in ordering, payment, consumption and other related acts.
1. Member Account Security
1.1 If you would like to register as a member of this Website, you will need to register for an account. To register, you will need to supply us with your personal data, such as your name, address, email address, among others. You must guarantee the completeness and accuracy of such personal data, and in the event of a personal data change, you must actively log in the Website to modify or contact customer service personnel for processing. If you refuse to provide such personal data or otherwise withhold your consent to process your personal data, you may not be able to access certain parts of this Website, or Kohler may not be able to process any of your applications or requests, or may not be able to provide you with any products or services. Kohler reserves the right to suspend or terminate your membership and to deny you the right to continue using the services of this Website if you provide any incorrect or false data.
1.2 As a member of this Website, you are obliged to keep your account and password confidential. You shall ensure that your account will not be disclosed, lent, transferred or otherwise or made available to a third party in any way or in your name, and you will do so after each use to prevent others from using it, after logging into this Website using the Group's membership account and password. All acts, except those that prove that they are not attributable to you, will be deemed to be your own conduct, and you must be held fully responsible if your account is not compromised for reasons attributable to Kohler. Kohler is and shall not be responsible for compensation or compensation for any personal damages or losses caused to you.
1.3 Kohler is responsible for the confidentiality of the personal data you retain, and Kohler will implement the safeguards as required by applicable laws to prevent unauthorized disclosure of your personal data to any third party, among others, except as otherwise agreed in these Terms, permitted by law, or except as otherwise provided to the relevant cooperating manufacturers for the purpose of completing your transactions with the Distributor or providing membership services.
1.4 If you discover that a member's account and password have been compromised, or if you find that a member's account has been compromised by a third party, you should immediately notify Kohler, through this Website, that you are not responsible for all damages and losses caused to you if the Website cannot be effectively prevented and modified without immediate notice.
2. Personal Data Protection
2.1 Kohler values the privacy and personal data protection of users and will properly handle and protect your personal data in accordance with the Privacy Terms of this Website.
3. Notifications General notices
General notices about this Website and notifications of important interests in your personal use or purchase will be sent to your e-mail, and you will be contacted directly by telephone.
4. Shopping precautions
4.1 Due to the limited number of products available on this Website, you agree to complete the ordering process as soon as possible after selection. You also understand that putting products in a shopping cart does not mean that the order has been completed. If another subscriber completes the ordering process before you complete your order, you will be notified that the item has been sold out and that you will be asked to remove the item from your shopping cart.
4.2 Upon completion of the ordering process, you will be automatically notified by e-mail or other means, but this notification will only notify you that your offer has been received and does not represent that a contract has been entered into between you and the Distributor, who reserves the right to accept your order. If the Distributor confirms that the trading conditions are correct, that the goods you ordered are still in stock, and that there are no other circumstances in which the Distributor cannot accept the order, the Distributor will ship. If the trading conditions are incorrect, the goods are out of stock, or there are other circumstances in which the Distributor is unable to accept the order, the Distributor has the right to refuse to accept the order, and you shall be notified accordingly.
4.3 If you choose to pay by credit card, this Website will require you to enter credit card information online, but only for the purpose of confirming the validity of the credit card. Obtaining the transaction authorization from the card issuer does not mean that you have paid, nor does it represent that a contract has been concluded between you and the Distributor. The Distributor reserves the right to accept your order.
4.4 The information provided on this Website is being provided for informational purposes only. This Website will endeavor to maintain the accuracy, clarity, and accessibility of the relevant information from time to time. You understand and agree that, Kohler may not be able to guarantee, in any express or implied manner, that all information that appears on the web page, or related information, is complete, accurate and up-to-date. Kohler shall not be liable for any loss or damage caused by the use or reliance on the materials on this Website, including, but not limited to, any errors, errors, omissions, infringements, misrepresentations or other data or omissions that may offend or result in any claim or complaint.
4.5 If the quantity of the order is more than the orderable quantity based on the limit of the relevant goods, according to the relevant pages of the sales page of the goods and the relevant pages in the ordering process, the Distributor will only ship according to the maximum quantity.
If the price indicated on the web page, or in the relevant information, is incorrect, the following terms shall apply:
4.5.1 If the marked price is higher than the correct price, the Distributor will only charge you a lower correct price, and
4.5.2 If the marked price is lower than the correct price, the Distributor reserves the right to refuse the order.
4.6 If the specifications, pictures, descriptions, prices, or trading conditions of the relevant items are incorrect, Distributor reserves the right to refuse your order within two working days (excluding statutory and public holidays) after you have completed the ordering process.
4.7 For all online purchases you make on this Website, you agree to use electronic documents as a means of representing the electronic transaction materials recorded on this Website, and to notify the Customer Service Center of this Website immediately if you find that the electronic transaction materials recorded on this Website are incorrect.
4.8 If you place an order repeatedly with most accounts, the Distributor reserves the right to refuse to accept the order.
4.9 It is your responsibility to ensure that all relevant information about the order you submit is complete and accurate, including the shipping address, user information and payment details. Kohler and Distributor shall not be liable for any failure or delay in fulfilling Distributor's contractual obligations or obligations as a result of incomplete, inaccurate and/or misleading information you submit in the event of such an order.
5. Return Notes
5.1 You may have the right to return the return notes in accordance with the Distributor's Terms and Conditions of Service.
5.2 If the goods you purchase are personal hygiene products, and unsealed, those goods cannot be returned to the original goods. Before confirming whether to handle the return, please do not unseal the goods; otherwise, the Distributor has the right to refuse the return.
5.3 Your right to return your goods may be affected if:
5.3.1 Goods, accessories, warranties, manuals or giveaways are incomplete.
5.3.2 The appearance of the goods or outer box is defaced or scratched (including the removal of the outer box barcode).
5.3.3 Product warranty stickers are damaged.
5.3.4 Other situations required by law or specifically stated on the merchandise sales page of this Website will arise.
5.4 If you handle returns too many times due to your personal factors, we will suspend or terminate your shopping eligibility or refuse you to continue using the services of this Website.
5.5 In order to expedite the return refund process, you agree that the Distributor will handle (electronic) invoices, discount orders or return orders on behalf of the Distributor.
6. Intellectual property rights
6.1 The contents and materials of this Website, including, but not limited to, materials, text, images, designs, sounds, trademarks, trade names, logos, screen arrangements, web programming and software programs (collectively, “Intellectual Property”) are owned by Kohler or the relevant rights holders and are protected by the laws relating to copyright, design rights, trademarks and other intellectual property rights and ownership rights. The Intellectual Property may not be used without the prior written authorization of Kohler or the relevant rights holders to avoid liability for infringement or violation of the law.
7. Kohler Services Discontinuation and Disclaimer
7.1 Kohler will maintain the normal operation of this Website in a manner and technology consistent with the security that is currently reasonably expected. This Website may suspend the provision of services in the event of any of the following, and Kohler is under no obligation to notify you in advance, and is not responsible for any damages or losses incurred as a result:
7.1.1 The hardware and software equipment associated with this Website is relocated, replaced, upgraded, maintained or repaired;
7.1.2 Suspension or interruption of services caused by natural disasters, or other force majeure, or the laws, orders, declarations, regulations, requirements of the Philippines or any Philippine government agency;
7.1.3 Suspension or interruption of services caused by interruption of services of telecommunications or network service companies or other non-attributable Kohler causes;
7.1.4 Information is incorrect, falsified, altered, deleted or taken due to external influences on this Website, or system interruption beyond the control of Kohler or the Distributor; or
7.1.5 Other circumstances affecting this Website beyond the control of Kohler or the Distributor resulting in the suspension or termination of the services.
7.2 When this Website needs to suspend or terminate the services, it will be posted on the Website as far as possible in advance.
7.3 Any information contained on this Website is for persons who have access to this Website as made available in the Philippines. Kohler has not made and makes no statement as to the availability or suitability of any of the products or services described on this Website in any other region outside of the Philippines.
7.4 Kohler shall not be liable or liable for any loss, damage or expense arising directly or indirectly from your use of this Website, including, but not limited to, any loss, error, imperfection, absence, error or inaccuracies arising from the use of this Website or its contents, materials or related services.
7.5 Products you purchase through this Website will be purchased from, and sold to you by, the Distributor. Kohler is not responsible or liable to Distributors for the quality, suitability and safety of all products ordered, paid for or consumed on this Website.
8. Breach of Contract
8.1 In order to protect the rights and interests of all users, Kohler reserves the right to suspend or terminate your shopping eligibility or deny you the right to continue using the services of this Website, and Kohler is not responsible to you or any third party, in the event any of the following occurs without fault or negligence on the part of Kohler:
8.1.1 Submission of false or incorrect data to log in;
8.1.2 Unauthorized theft of another person's credit card or theft of a financial account;
8.1.3 A malicious return has been determined by the Distributor; or
8.1.4 Harassment, abuse, intimidation or other misconduct against this Website, Kohler, Distributor or other users of this Website.
9.1 Each provision of these Terms shall be subject to independent enforcement and shall not be affected by the invalidity of the other provisions. If any provision of these Terms and Conditions is found to be invalid, illegal, unenforceable or unenforceable in any way, the validity, legality, enforceability and enforceability of the other terms of these Terms shall not be affected or impaired in any way by such circumstances. In addition, any provision which is invalid, illegal, unenforceable or unable to be performed will be replaced by another or more provisions which are similar to them and which may be considered lawful, effective and enforceable under applicable law.
10. The applicable law and the jurisdictional courts
10.1 Your ordering, trading or related consumption on this Website is subject to these Terms, unless you have otherwise agreed with the Distributor.
10.2 These Terms are governed by the laws of the Philippines without regard to conflict of laws principles thereunder. In the event that an action against any party bound by these Terms is brought in relation to the terms hereof, trial of such action shall be vested exclusively in the courts of Makati, City. Philippines. The parties under and bound by these Terms hereby irrevocably and unconditionally waive any objection to the laying of venue of any action, suit or proceeding (other than appeals therefrom) arising out of or relating to this Agreement in the courts of Makati City, Philippines, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum.