Welcome to The Cellar Online Platform ("the Site"). These Terms and Conditions lay down your legal rights and obligations with respect to your use of this Site and your account with The Cellar, so please read the following carefully before using this site and/or opening a The Cellar account. By accessing the Site and/or using the Services, you agree to be bound by these Terms of Use.

You may use the services only if you are above eighteen (18) years of age and can form legally binding contracts under Philippine Laws.

1. Definition of Terms

App refers to the mobile application associated with The Cellar's online platform.

Buyer refers to any member who has made a purchase on the Site or the App.

The Cellar, We, Our, Us refer to MLT Unlimited Solutions Corp., a corporation doing business under the name and style of "MLT Unlimited Solutions Corp", duly organized and existing under and by virtue of the laws of the Republic of the Philippines.

Member refers to a person who has a valid membership with The Cellar website who has created a valid account in the Site or the App.

Password refers to the valid password that a Member may use together with the Username to access the Site or the App.

Personal data means data provided by the Member in the Site or the App that may be used to identify him/her.

Product means any product available for sale at the Site or the App.

Rider or Delivery Personnel refers to the authorized personnel delivering the items and also authorized to collect payment for the goods delivered.

Services means the services made available at the Site or the App.

Site refers to the Online Platform of The Cellar.

User, You, Your refer to the person who is using this Site or the App.

Username refers to the unique login identification name which identifies a Member of the Site or the App.

Voucher means a voucher for credit which may be used by a Member to pay for a purchase made on the Site or the App.

1. Account Information

To access our Site, App, or Services, you will be required to sign-up for an account. To sign up for an account, you must elect your own unique username and password.

You are solely responsible for safeguarding and maintaining the confidentiality of your password. You agree not to share or allow others to use your username and password. You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity.

You are encouraged to change your password regularly in order to protect your account.

You shall be responsible for all communication and/or transactions made using your account and password. The Cellar shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account. If you are aware of any actual or suspected unauthorized use(s) of your Account, or loss, theft, or unauthorized disclosure of your Password, please promptly notify us at admin@thecellarph.com. Please provide accurate and complete information in your Account. You may at any time update your personal information by accessing your account settings on the Site or the App.

1. Security and Privacy

The Cellar recognizes the importance of keeping your personal information and data secure and private. To understand our security and privacy policies and practices, please read our Security & Privacy Policy.

1. Products

We are making all possible efforts 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.

All descriptions of products are subject to change without notice, at our sole discretion.

Any offer for any product or Services made on this Site or the App is void when it is prohibited by law.

The Cellar reserves the right to:

Limit the sales of our products or Services to any person, geographic location or jurisdiction;

Limit the quantities of any products or Services that we offer; and

Discontinue any product at any time.

1. Pricing

We endeavor to provide you with accurate and up-to-date pricing, product and promotional information. However, we do not guarantee that the pricing, images or other product or promotional information provided will be error-free, updated, or complete.

We shall not be liable for any errors in the pricing and product or promotional information listed on our Site, App or through our Services.

The price to be paid at checkout shall be based on our prevailing selling price at the time we receive your order. Any price changes will be communicated to you before you complete the purchase.

1. Promotions, Vouchers, Membership Privileges

Promotions

From time to time, The Cellar may run promotions, contests, surveys, and other programs subject to terms and conditions which may be changed at any time.

Promotions, which can be found on the Site or the App, are valid for a specific period only. No compensation or cash benefits will be given in the event that the promotion is no longer valid.

Vouchers

The Cellar will issue vouchers as part of our promotions subject to the following terms and conditions or as stated in the voucher Terms and Conditions:

Each Voucher Code is only valid for a single use and is only valid for the time period specified by The Cellar.

Vouchers may only be redeemed on our Site or the App during the applicable validity period.

Use of any Voucher Code must be indicated at the time of checkout, and all information required by The Cellar must be provided. No retroactive use of the Voucher Code is permitted.

A minimum spend may be required before the use of a voucher.

Vouchers are not refundable or convertible to cash.

Resale, transfer, and sharing of Voucher Codes are strictly prohibited.

No reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Voucher Codes is allowed.

The Cellar reserves the right to verify the validity of any Voucher Code and to declare null and void any Voucher Code that, in our opinion, has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.

1. Payments

Payments for the orders shall be made in Philippine Peso. The Cellar accepts the following payment methods:

Prepaid Transactions using different partners (please provide more specific information about the prepaid transactions and partners)

Credit card payments

Credit card payments are processed through our partners and subject to the terms and conditions of the selected partners. While we do not store any of your credit card information, by agreeing to use this payment method, you authorize us to transmit information or to obtain information about you from third parties involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization, to protect you and us from fraud. We reserve the right to check whether the Buyer is duly authorized to use certain payment methods, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.

The Cellar takes no responsibility and assumes no liability for any loss or damages to the Buyer arising from shipping information and/or payment information entered by the Buyer in connection with the payment for the items purchased.

1. Delivery Fees

The Cellar charges a minimal fee for the delivery of products to the Buyer. Delivery fees are based on and vary depending on the checkout amount.

1. Deliveries

Delivery Areas

Currently, The Cellar delivers to selected areas in Metro Manila and nearby provinces. To find out if The Cellar and all its partners deliver to your area, please scroll down. The Cellar will only accept and process orders within our delivery area coverage.

Delivery acceptance

Items will be delivered using appropriate packaging materials to ensure safety and freshness. However, please ensure that deliveries are received within 10 minutes of the delivery personnel's arrival at your doorstep.

If alcoholic beverages or any age-restricted items that cannot be received by a minor are part of your orders, please ensure that an adult with appropriate identification is present to take the delivery. The Cellar representative or our delivery partner reserves the right not to deliver age-restricted items to minors and may charge an additional re-delivery fee of PHP 199, subject to the availability of the next delivery schedule.

If an order is canceled, or if no one is at the delivery location to receive the order during the chosen delivery slot, The Cellar reserves the right to charge a restocking fee equal to the sum of (1) 100% of the total value of your perishable items (since our perishable items are custom-ordered and guaranteed fresh) plus (2) a re-delivery or cancellation fee of PHP 199 (delivery fee).

The Cellar delivers a variety of goods with different sizes, packaging, etc. Given the heavy weight of some of these products and our concern for the health of our drivers, we have purchase limits on various items on our website. In the interest of safety, we do not deliver to walk-ups (a building without an elevator) above five (5) floors, or deliver more than 20 kilograms above the 4th floor. In the event of a broken elevator, we also do not ask our drivers to carry groceries more than 5 floors. Our technology cannot and does not enforce these limits; therefore, we ask our customers to abide by these service limitations, as we may limit deliveries when orders exceed these requirements. This limitation exists only to protect the health of our delivery staff. We appreciate your understanding and cooperation.

Delivery Time Frame

Delivery schedules are provided for cities within Metro Manila and nearby provinces.

Order processing is dependent on the payment option used:

Paymaya, Credit & Debit Cards - 1 day

Direct Bank Deposits / Transfers or other payment options – 2 days

The Cellar will endeavor to deliver the products to your delivery address within the promised time frame but will NOT be liable for any delay caused by incorrect addresses and circumstances beyond our control, such as but not limited to weather, traffic, transportation strikes, and other unforeseen events.

Bulk or volume orders may take time to fulfill and may be charged a higher delivery fee. In case your order falls into this category, our agents will reach out to you via email or SMS to get your confirmation.

Delivery Address

The Cellar will endeavor to check the validity and accuracy of the delivery address registered on the site. In the event that we detect an incorrect address inputted, we will send a notification to correct the information to enable successful delivery.

In case your delivery address is not accessible, we will contact you to determine the best alternative location and time to ensure you receive your order. Failure to accept our call will result in a failed delivery and may entail an additional delivery fee.

In case of a change in your delivery address and contact information, please edit your account information before placing your order or checking out. Please note that changing the delivery address is not possible once the order has been verified.

1. Cancellation, Returns & Refunds

Return or Refund: The "The Cellar" Website customer and The Cellar Website agree that returns or refunds are subject to the following rules:

Returns or refunds due to a change of mind will not be accepted.

All defective merchandise for replacement or exchange must be returned within seven (7) days from the date of purchase, along with the original The Cellar Website sales invoice that was issued together with the delivered item.

Defective food items to be returned should at least be 75% intact.

1. Feedback

You may provide or submit comments, feedback, suggestions, and other content or information (collectively, "Comments") as long as the content is not illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing, or disrespectful in nature, and does not consist of or contain software viruses, solicitation, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Comment.

We may, but are under no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

1. Prohibited Use

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site, Services, or Content:

for any unlawful or illegal purpose;

to solicit others to perform or participate in any unlawful acts;

to violate any international or domestic regulations, rules, laws, or local ordinances;

to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

to submit false or misleading information;

to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

to collect or track the personal information of others;

to spam, phish, pharm, pretext, spider, crawl, or scrape;

for any obscene or immoral purpose; or

to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Site, Services, Content, or any related website for violating any of the prohibited uses.

1. Licenses & Intellectual Property Rights

The copyright, patents, trademarks, registered designs, and all intellectual property rights in the Services, the Site, and all Content shall vest in and remain with Kart Plaza Mfg. Corporation and its licensors.

Consent is granted to view, electronically copy, and print in hard copy portions of the Site for the sole purpose of placing an order for your use.

Any other use of the materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Kart Plaza Mfg. Corporation is strictly prohibited. You acknowledge that Kart Plaza Mfg. Corporation and/or third-party content providers remain the owners of such material and that you do not acquire any ownership rights by downloading copyrighted material. We reserve the right to revoke this authorization at any time, and any useshall be discontinued immediately upon written notice from us.

The domain name on which the Site is hosted is the sole property of Kart Plaza Mfg. Corporation and you may not use or otherwise adopt a similar name for your own use.

1. Indemnity

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

1. Force Majeure

No party shall be liable for any breach of performance under the Agreement by reason of any delay in performing or any failure to perform any obligations if such delay or failure is due to any event or cause beyond reasonable control (each an event of "Force Majeure"). Without prejudice to the foregoing, the following events shall be regarded as events of Force Majeure:

Act of God, explosion, flood, tempest, fire or accident;

War or threat of war, sabotage, insurrection, civil disturbance or requisition, act of terrorism or civil unrest;

Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

Import or export regulations or embargoes;

Interruption of traffic, strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of The Cellar or of a third party);

Health epidemics declared by the World Health Organization;

Interruption of production or operation, difficulties in obtaining raw materials, labor, fuel, parts or machinery; and

Power failure or breakdown in machinery.

1. Amendments

These terms and conditions may be amended at any time by posting a revised version on https://thecellarph.com/pages/terms-of-service. The revised version shall be effective at the time of posting. If any provision shall be changed in a way that reduces Member's rights or increases their responsibilities, a notice by email shall be sent to Member prior to posting the updated policy on the website.

1. Termination of Membership

We reserve the right to terminate or suspend any account with immediate effect upon notice for any reason whatsoever, including breach of any provision of these Terms and Conditions.

Members may voluntarily terminate their account by clicking here.

1. Notices

All notices relative to the membership shall be sent to the Member's email address provided during the registration process.

The Member may extend their concerns to Service Provider by sending an email to admin@thecellarph.com.

1. Dispute Resolution

In case of a dispute arising out of a Member's use of this Site or their Membership, the Member hereby agrees to submit the same to mediation. The mediation shall be facilitated by a mediator jointly chosen by The Cellar and the Member. The Member shall shoulder the mediation fees and expenses. The Member agrees to refrain from adversarial legal proceedings (except in the case of an emergency necessitating such action) while the mediation process is ongoing.

The Member agrees that in case of legal disputes or any judicial action arising from this Agreement, the venue of any court action shall exclusively be with the proper courts of Tarlac City, to the exclusion of all other Courts.

1. Governing Law

This Agreement shall be governed by the laws of the Republic of the Philippines.