Terms & Conditions
These Terms and Conditions govern your purchase of products from Monster, Inc. and/or Monster, LLC ("Monster"), and are subject to change from time to time. IF YOU DO NOT ACCEPT THE TERMS CONTAINED IN THESE TERMS AND CONDITIONS OF SALE, PLEASE DO NOT SUBMIT AN ORDER.
Products, Prices and Taxes
Prices and Products are subject to change at any time unless and until Monster, at its sole discretion, accepts an order specifying certain prices and Products. Monster may revise and/or discontinue Products at any time. Monster® Products are new unless specified as refurbished or otherwise. Prices do not include any sales, local, or other similar taxes. Where applicable, taxes will be shown on and added to your invoice; all such taxes shall be paid by you.
Orders and Acceptance
All Monster® Store orders placed by you are non-cancelable and subject to acceptance by Monster. Monster reserves the right to reject any order you place with us, and/or to limit the quantities on any order. Notwithstanding any order confirmation or other communications sent by Monster, your order shall not be deemed accepted by Monster until Monster's shipment of the Products ordered. Your submission of your order shall constitute your full acceptance of these Terms and Conditions of Sale.
Unless otherwise noted, the purchase price of Products, include applicable tax, shipping and handling, will be billed in full at time of checkout. Monster accepts MasterCard, Visa, GCash and PayPal.
In the unlikely event that a price stated in the Monster® Store is incorrect, then the following applies: If a Product's actual price is lower than our stated price, we will charge you the lower price and ship you the Product. If a Product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Monster shall not be liable for any billing errors unless you advise us of such billing error within sixty (60) days of its transaction date.
Applicable Sales Tax
Monster Philippines will charge you applicable sales tax for your purchase(s).
Please allow 2-3 business days handling time for your order(s). All Products will be shipped via your choice of Standard Ground. Your order may ship in multiple shipments, depending on which warehouse the Product(s) are located in. Shipping and handling charges will be added to your order, based on the amount and weight of your purchase.
Shipping and Handling/Risk of Loss/Title
Product prices do not include shipping and handling. Monster will use its discretion in selecting a reputable carrier and appropriate means of shipment. Risk of loss or damage to Product(s) in transit is yours. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier. Title to Product(s) passes from Monster to you upon shipment from (FOB) Monster's facility, wherever that may be.
Monster makes no warranties except those stated in the Monster limited warranty cards accompanying the Products. MONSTER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT.
Limitation of Liability
BOTH YOURS AND MONSTER'S LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR MONSTER BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THESE TERMS OF SALE, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE , OR OTHERWISE. NEITHER YOU NOR MONSTER SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Governing Law/Waiver of Jury Trial
These Terms and Conditions of Sale and all purchases hereunder shall be governed by and construed under the law of the Philippines, without regard to conflicts of laws rules. You agree that the courts of the Philippines shall have exclusive jurisdiction over the parties for all disputes.
Monster shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Monster. Quantities are subject to availability. In the event of shortage, Monster may allocate sales and deliveries in its sole discretion.
Failure of Monster to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of these Terms and Conditions of Sale is deemed by a court to be unenforceable, the remainder shall stay in effect.
Monster is the owner of all intellectual property rights in relation to this Monster® Store site and its content (including, but not limited to, all trademarks and copyright). Except as permitted herein, no part of the Monster® Store may be reproduced, displayed, copied, translated, adapted, downloaded, broadcast, used or republished in any form including (without limitation) distribution, or storage in a system for retrieval. Permission is granted to electronically copy and to print in hard copy portions of the Monster® Store for the sole purpose of using the Monster® Store as a private, non-commercial information resource, provided that all copyright notices are included and no alterations or additions are made to the content. Any other use of material on the Monster® Store, including reproduction for purposes other than those noted above, modification, distribution or republication without the prior written consent of Monster is strictly prohibited.
The trademark "MONSTER" and any other product names, service names or logos of MONSTER used, quoted and/or referenced in the Monster® Store are trademarks or registered trademarks of Monster, Inc., or its subsidiaries in the United States and other countries. Other product names and/or company names used in the Monster® Store may be trademarks of their respective companies.