Refund and Return Policy (“Policy”) as of September 2023.
Enstack
1.1. “Account” – The Buyer’s personal account in the Application of Enstack.
1.2. “Application” – The Mobile Application, Chatstore, and Webstore of Enstack.
1.3. “Buyer” – Clients and Customers purchasing Orders through the Mobile Application, Chatstore, and Webstore of Enstack.
1.4. “Enstack” – An omnichannel storebuilder and end-to-end business management tool that enables businesses, specifically Micro, Small, Medium Enterprises (MSMEs), to take their first leap towards digitization by offering their products, goods, and services in an online digital platform for manufacturers, distributors, and sellers.
1.5. “Merchant/Seller/Enstack Users” – Micro and small businesses registered to offer and sell their goods, products, and/or services in the Application of Enstack. This includes manufacturers, distributors, suppliers, service providers, and the like.
1.6. “Paid Order” – Orders consisting of items, goods no products that are confirmed and paid through the Application, Chatstore or Webstore via non-cash methods such as but not limited to Online Wallets, E-Wallets, Credit Cards, Debit Cards, and the like or paid upon cash on deliver.
1.7. “Paid Services” – Orders consisting of service/s given to the customer that are confirmed and paid through the Application via non-cash methods such as but not limited to Online Wallets, E-Wallets, Credit Cards, Debit Cards, and the like.
1.8. “Refund” – To return the money that was paid and/or coursed through the Application of Enstack using non-cash methods and/or platforms.
1.9. “Return” – To return the Paid Order back to the manufacturer, distributor, or seller for replacement or refund of payment.
2. GENERAL TERMS AND CONDITIONS FOR REFUND AND RETURN
2.1. Enstack is an omnichannel storebuilder and end-to-end business management tool that enables businesses, specifically Micro, Small, Medium Enterprises (MSMEs), to take their first leap towards digitization by offering their products, goods, and services in an online digital platform for manufacturers, distributors, and sellers.
2.2. Enstack does not hold itself as a manufacturer, distributor, or seller as defined under the Consumer Act of the Philippines[1]. As such, Enstack shall only be liable for claims of refund and/or return under the terms of this Policy.
2.3. Enstack, as an online digital platform provider, shall only be obliged under this Policy to directly refund or process the return of the products, goods, and/or services sold to the Buyers if the claim is submitted within two (2) days from the date of delivery of the Paid Order and Paid Services as defined herein.
2.4. Claims for refunds and returns after the period stated in Sec. 2.3. shall be made by the Buyer directly to the manufacturer, distributor, or seller pursuant to Article 11 of the Consumer Act of the Philippines[2].
REFUNDS
3. BUYER REFUND FROM ENSTACK
3.1. The Buyer shall have the right to request a refund based on the grounds herein.
3.2. Grounds for Refund – Enstack shall only provide refunds to Buyers who made a purchase through the Application under the following grounds:
3.2.1. When the (MERCHANT / COURIER) cancelled the Paid Order of the Buyer;
3.2.2. When the (MERCHANT / COURIER) failed to deliver the Paid Order of the Buyer;
3.2.3. When the Paid Order has been damaged prior to delivery, defective, or faulty;
3.2.4. When the Paid Order suffers from missing items or parts;
3.2.5. Wrong item delivered of the Paid Order;
3.2.6. When the item delivered is different from what is stated in the Application of Enstack.
3.2.7. When the tagging of the order status is incorrect such that the Paid Order is tagged as “delivered” by the courier, but the Buyer did not receive any item;
3.3. Refunds for Services – Enstack shall not be liable for the refund or redress of Paid Services from the Buyer. Under Article 99 of the Consumer Act of the Philippines, it is the Service Supplier who is liable for redress for damages caused to consumers by defects relating to the rendering of the services, as well as for insufficient or inadequate information on the fruition and hazards thereof.[3]
4. PROCESSING OF BUYER REFUND
4.1. Enstack shall only process Paid Orders as defined herein.
4.2. Once the Buyer and his/her Paid Order has been verified by Enstack, the amount requested to be refunded shall automatically be sent to the Buyer’s Account after twenty-four (24) hours and within the following time frame:
4.2.1. For Paid Orders via Online Wallets or E-Wallets (e.g. Gcash, Maya, GrabPay) – Remittance shall be in the next business day.
4.2.2. For Paid Orders via Direct Debit (e.g. Online Bank Transfers) – Remittance shall be after five (5) to ten (10) business days.
4.2.3. For Paid Orders via Card Payment (e.g. Credit Cards or Debit Cards) – Remittance shall be after five (5) to forty-five (45) business days; provided, that the period for the refund to reflect in the account may be longer depending on the Buyer’s issuing bank.
5. MERCHANT REFUND FROM ENSTACK
5.1. Grounds for Refund – Enstack shall only provide refunds to Merchants who received a Paid Order from a Buyer through the Application under the following non-exclusive grounds:
5.1.1. When the parcel or item ordered is lost; or
5.1.2. When, for causes not enumerated herein, the Merchant submits a request for refund subject to the provisions of Enstack Terms of Service and the submission of the following requirements:
5.1.2.1. Image/Video of the product or item with AWB/Tracking details before the shipping; and
5.1.2.2. The Merchant should request for a refund within two (2) days from the date of delivery of the Paid Order or the delivery of the Services as provided for in Sec. 2.3. of this Policy.
5.2. Orders that are damaged or defective due to shipping shall be considered and tagged as “delivered to the Buyer”. Since the order is considered delivered, once the request for refund is deemed successful, the amount claimed shall be reflected in the Merchant’s Enstack account and it shall be transferred to the Merchant’s nominated bank account.
6. BUYER RETURN TO ENSTACK
6.1. The Buyer shall have the right to request a return of the Paid Order through the following channels:
6.1.1. By contacting Enstack through hi@enstack.com; or
6.1.2. By contacting the Merchant of the Paid Order directly.
6.2. Grounds for Return – Enstack shall only provide refunds to Buyers who made a purchase through the Application under the following grounds:
6.2.1. When the Paid Order has been damaged prior to delivery, defective, or faulty;
6.2.2. When the Paid Order
suffers from missing items or parts;
6.2.3. When the item delivered is the wrong or is not the Paid Order;
6.2.4. When the item delivered is different from what is stated in the Application of Enstack.
DISPUTE PROCESS
7. ENSTACK DISPUTE PROCESS
7.1. If the Merchant was able to withdraw the balance from the Enstack wallet or account, the Buyer shall contact the Merchant directly. The refund or return process shall then be determined through a mutual agreement between the Merchant and the Buyer.
7.2. If the Merchant was unable to withdraw the balance from the Enstack wallet or account, Enstack shall have the right to hold the balance for seven (7) days from the moment the dispute or claim was raised by the Buyer. During such period, the Buyer must provide the following to Enstack for the processing of their refund:
7.2.1. Tracking Link; and
7.2.2. A response from the Merchant as to whether it accepts or appeals from the refund request.
[1] Republic Act No. 7394.
[2] Republic Act No. 7394, Article 11. Amendment and Revocation of Declaration of the Injurious, Unsafe or Dangerous Character of a Consumer Product. — Any interested person may petition the appropriate department to commence a proceeding for the issuance of an amendment or revocation of a consumer product safety rule or an order declaring a consumer product injurious, dangerous and unsafe.
In case the department, upon petition by an interested party or its own initiative and after due notice and hearing, determines a consumer product to be substandard or materially defective, it shall so notify the manufacturer, distributor or seller thereof of such finding and order such manufacturer, distributor or seller to:
a) give notice to the public of the defect or failure to comply with the product safety standards; and
b) give notice to each distributor or retailer of such product.
The department shall also direct the manufacturer, distributor or seller of such product to extend any or all of the following remedies to the injured person:
a) to bring such product into conformity with the requirements of the applicable consumer product standards or to repair the defect in order to conform with the same;
b) to replace the product with a like or equivalent product which complies with the applicable consumer product standards which does not contain the defect;
c) to refund the purchase price of the product less a reasonable allowance for use; and
d) to pay the consumer reasonable damages as may be determined by the department.
The manufacturer, distributor or seller shall not charge a consumer who avails himself of the remedy as provided above of any expense and cost that may be incurred.
[3] Republic Act No. 7394, Article 99. Liability for Defective Services. — The service supplier is liable for redress, independently of fault, for damages caused to consumers by defects relating to the rendering of the services, as well as for insufficient or inadequate information on the fruition and hazards thereof.
The service is defective when it does not provide the safety the consumer may rightfully expect of it, taking the relevant circumstances into consideration, including but not limited to:
a) the manner in which it is provided;
b) the result of hazards which may reasonably be expected of it;
c) the time when it was provided.
A service is not considered defective because of the use or introduction of new techniques.
The supplier of the services shall not be held liable when it is proven:
a) that there is no defect in the service rendered;
b) that the consumer or third party is solely at fault.