CALL TO DELIVER TERMS &
CONDITIONS

These Terms and Conditions will apply to all goods purchased from THE SM STORE ("We", "Our" or "Us" through our Call to Deliver Gifting Program.

PRODUCTS, PRICING, AND SPECIFICATION

We do our best to provide you with an accurate description of the products featured in our catalogues, website and social media pages and those shared through messaging applications (collectively, the "Products"), but we cannot assure you that such description, color, information or other content available are accurate, complete, reliable, current or free from error. Some Product descriptions may include weight, measurements and other descriptions, but they are just approximate figures provided for your convenience only. We make all reasonable efforts to accurately display the attributes of the Products, including the available colors. However, the color you see in the catalogue, website social media pages and messaging applications may differ from the actual color, if you use your mobile device, computer system, monitor, and/or other display features.

We may, at any time, change the price and other specifications of the Products.

RESTRICTIONS, LIMITATIONS OR CONDITIONS OF PURCHASE OR GIFTWRAPPING

We may, without prior notice, limit the Products sold through our Call to Deliver Gifting Program, to cancel any order at any time, and/or to refuse service to any customer. We will notify you through the email address or contact number you provided for any cancellation or change status in your order. We may also require verification of information prior to the acceptance and/or shipment of any order.

You may customize the gift wrapping for the Products purchased, at your own cost, subject to our gift wrapping policy. 

PAYMENT

All prices indicated in our catalogue, website and social media pages and shared through applications are in Philippine Peso. The following payment options are available for your convenience.
  1. Pre-Payment (Debit or Credit Card) 
    Most major credit and debit cards, such as Visa, Mastercard, JCB and American Express, are accepted. When you pay using your credit or debit card, you will be redirected to another website owned and operated by an independent payment gateway service provider, which shall collect and process your financial information pursuant to its own terms and own policies.

  2. Online Payment and E-Wallets
    Online and e-wallet payments are also accepted. You will be redirected to another website owned and operated by the bank or the e-wallet company, which shall collect and process your financial information pursuant to its own terms and policies.

  3. Over-the-Counter Payments
  4. You may choose to pay in cash at our accredited partner establishments, which shall collect and process your financial information pursuant to its own terms and policies

If you fail to make any payment pursuant to the payment method selected or payment is cancelled for any reason whatsoever, we will cancel the order and suspend delivery of the Products until payment is made in full.

SHIPPING/DELIVERY LIMITATIONS

After an order is placed and full payment is made, independent service providers will deliver the Products to your designated address within the Philippines. To avoid delay or cancellation of delivery, you have to ensure that the designated recipient of the Products or his/her representative is compliant with the independent service provider’s shipping restrictions, terms and conditions. The signature of the designated recipient or his/her representative is a confirmation of receipt of the Product in good condition and that our Call to Deliver Gifting Program has been completed.

Delays may unfortunately occur due to high volume of orders, logistics limitations, geographic restrictions, inclement weather and other instances that are beyond our control. However, we will do our best to prepare your packed orders and deliver them the soonest we can.

RETURN POLICY

Return and exchange of Products are subject to our Return and Exchange Policy.

ACCURACY OF INFORMATION

Our catalogue, website and social media pages may contain typographical errors or inaccuracies and may not be complete or current. As such, we may correct any errors, inaccuracies or omissions (including after an order has been submitted) and change or update information at any time without prior notice. Such errors, inaccuracies or omissions may relate to pricing and availability, and we may cancel or refuse to accept any order placed based on incorrect pricing or availability of information.

LIMITATIONS ON LIABILITY

We, our parents, subsidiaries, affiliates or partners, or our/their respective directors, officers, shareholders, employees and agents will not be responsible or liable for any ordinary, direct, consequential, incidental, special, punitive or exemplary damages or another losses or liabilities arising out of: (a) use of the Product; (b) delay in delivery of the Product; and (c) breach by independent service providers.

For the Product purchased, your sole remedy, if any, is with the manufacturer or supplier of the Product, in accordance with such manufacturer's or supplier's warranty, or to seek a return or refund for such Products in accordance with our Return and Exchange Policy.

DATA PRIVACY PROTECTION & COMPLIANCE

THE SM STORE complies with the standards and requirements set forth by the Data Privacy Act of 2012, its relevant rules, regulations and guidelines issued by the National Privacy Commission. This section discloses the privacy practices of THE SM STORE and its service group when you avail of its Call To Deliver (CTD) and CTD Gifting Service.

What Personal Information Is Collected
We need the following personal information when you avail our CTD Gifting Services:​​ ​
  • Full name
  • Email address
  • Delivery address
  • Contact number

​When you opt to pay for your purchases using your credit or debit card, you will be directed to a website/platform owned or controlled by a payment gateway service provider which may collect from you personal and financial data which they will use for their own purpose and in order to facilitate your online payment. The payment gateway service provider shall handle your personal and financial data pursuant to its terms, conditions and privacy policy. The payment gateway service provider may share certain masked data with us in order to confirm your payment:
  • Name of issuing bank
  • Name of cardholder
  • Last four digits of the credit card
  • Amount involved

​Upon your instructions, we may store the masked data shared by the payment gateway service provider. The masked data may be used to process your concerns such as request for refunds or complaints relating to the payments made through your credit or debit card.  

​We will ask you to provide the following data of your intended recipients:
  • Full name
  • Contact number
  • Delivery address
​​
By providing us with the Recipient’s personal information, you warrant and ensure that you were duly authorized by the Recipient to share his/her Personal Data with us, that we are authorized to process such information in order to deliver the package to the intended recipient and that we are authorized to disclose to the Recipient your personal information. THE SM STORE will not be liable for any damage, loss, injury or claim that may result from the disclosure of the personal data of your intended recipients.

Collection and Use of Personal Data
The Personal Data that you provide may be used for any, or all of the following purposes:
  • To process, render, perform and/or deliver the services you require, including customer service related concerns;
  • To inform you of marketing events and future promotions;
  • To conduct research, analysis and activities such as, but not limited to, data analytics, surveys, product and service development, so we can improve our services or products;
  • To carry out other legitimate business purposes
  • To comply with applicable data privacy laws, rules, regulations and requirements by the appropriate government agency
 
There may be instances when we will share your data to a third party in order to fulfill or complete your transactions with us. These third parties may include our accredited logistics providers, payment gateways, your issuing banks or the financial institutional partners which you chose to facilitate payment for your purchases.

Security Measures to Protect Your Data

We value and respect your right to privacy. We have organizational, physical, technical and security measures in place to keep your personal data secured and protected from unauthorized access, collection, use, disclosure, or similar privacy risks. Access to your personal data by our authorized personnel and our service group shall be for purposes of carrying out the above-mentioned legitimate business purposes.

Privacy Consents and Your Right As Data Subjects:
Customer Data Privacy Consent will be obtained whenever you avail of our Call to Deliver or Gift Delivery services. In giving your consent, you agree that THE SM STORE may collect, use, store or process the Personal Data you provide in accordance with the terms stated herein. You may withdraw your consent or exercise your rights as a data subject by contacting The SM Store Data Protection Officer (DPO) in the details provided below. Please submit your inquiry or request in writing together with your supporting documents, if any:

Data protection officer

  • SM Corporate Offices, Building F, J.W. Diokno Blvd, Mall of Asia Complex, Pasay City, Philippines
  • (02) 8831 8000 local 
  • dpo@smretail.com

GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

REVISIONS TO THE TERMS OF USE

Our Call to Deliver Gifting Program will continue to evolve to improve our service. As a result, we may change these Terms and Conditions from time to time without prior notice.