The purpose of these Terms of Use is to stipulate the rights, obligations, and responsibilities of the “Mall” (operated by XEXYMIX Philippines) and the User in using the Internet-related services provided by the cybermall. These Terms also apply to e-commerce transactions using mobile, wireless, and PC communication.
Article 2 (Definition)
“Mall” means the virtual place of business set to provide goods or services (hereinafter referred to as “Goods, Etc.”) to the User using information and communication facilities.
“User” means members and visitors who access the “Mall” and receive services provided by the “Mall.”
“Member” means a person registered as a member who uses the services continuously.
“Visitor” means a person who uses the services without signing up as a member.
Article 3 (Statement, Description, and Amendment)
The “Mall” shall post these Terms, trade name, business address, contact info, and business registration details on the initial service screen.
The “Mall” may amend these Terms unless it violates the Consumer Act of the Philippines (RA 7394), Data Privacy Act of 2012 (RA 10173), and other related local statutes.
To amend these Terms, the “Mall” shall specify the date and reason for amendment and post it on the initial page at least seven (7) days before the application date. For major changes disadvantageous to the User, a notice period of thirty (30) days will be granted.
Article 4 (Provision and Change of Service)
The “Mall” provides goods/services information, concludes purchase contracts, and handles delivery.
In case of sold-out items or technical changes, the “Mall” may change the details of goods to be provided and shall notify the User immediately.
Article 5 (Suspension of Service)
The “Mall” may temporarily suspend services for maintenance, replacement, or communication failures.
The “Mall” shall notify the User of such suspension via the email address registered or via public notice on the Mall.
Article 6 (Joining Membership)
Users apply for membership by filling out the registration form and consenting to these Terms and the Privacy Policy.
Applicants must be at least 18 years of age. If the applicant is a minor, the Mall may request consent from a legal representative.
Membership is concluded at the point of the Mall’s approval.
Article 7 (Withdrawal and Disqualification of Membership)
Members may request withdrawal at any time, and the Mall will process it immediately.
The “Mall” may restrict, suspend, or disqualify membership if a Member:
Provides false information during registration.
Fails to pay for purchased goods.
Disrupts the service through verbal abuse, threats, or obscene behavior toward staff.
Steals another person’s ID, password, or credit card information.
Article 8 (Notification)
The “Mall” shall notify the Member using the email address designated by the Member.
For unspecified visitors/members, individual notification can be replaced by posting on the Mall's notice board for at least one (1) week.
Article 9 (Purchase Request and Personal Information)
Users shall request purchases by selecting goods, inputting recipient details (name, address, phone), and selecting a payment method.
In compliance with the Data Privacy Act of 2012 (RA 10173), the “Mall” shall obtain explicit consent from the User for the collection, use, and third-party provision (e.g., to logistics providers) of personal information.
Article 10 (Conclusion of Contract)
The contract is concluded when the Mall’s confirmation notification reaches the User.
The Mall may reject a purchase request if there is false information, or if technical issues prevent the fulfillment of the order.
Article 11 (Payment Method)
Payment can be made via:
Credit/Debit Cards (Visa, Mastercard).
E-wallets (GCash, Maya, GrabPay).
Cash on Delivery (COD) (subject to availability).
Other electronic payment methods provided by the Mall.
Article 12 (Change and Cancellation of Purchase)
Users may request changes or cancellation of a purchase request immediately after receiving confirmation, provided the goods have not yet been shipped. Once shipped, the cancellation shall be governed by Article 15.
Article 13 (Supply and Delivery)
The “Mall” shall take measures to deliver the goods within seven (7) to fourteen (14) business days (for local deliveries) unless otherwise specified.
The Mall shall provide the User with tracking details and delivery progress.
Article 14 (Refund)
If the “Mall” cannot provide the purchased goods due to being sold out or for other reasons, it shall notify the User and process a refund within three (3) business days of the notification.
Article 15 (Cancellation and Returns)
Pursuant to the Consumer Act of the Philippines (RA 7394), Users may return defective or incorrect items.
Change of Mind: Unlike some jurisdictions, "change of mind" returns are not legally mandated but may be accepted at the discretion of the Mall, subject to restocking fees and return shipping costs borne by the User.
Return/Exchange is NOT possible if:
The goods are damaged/destroyed due to the User’s fault.
The value of the goods has significantly decreased due to use (e.g., removing tags, washing).
Hygiene items (e.g., innerwear, socks) have been opened.
Article 16 (Effect of Cancellation)
The “Mall” shall refund the price within three (3) business days from the date of receiving the returned goods.
If the return is due to a fault of the Mall (defective/incorrect item), the Mall shall bear the return shipping expenses.
Article 17 (Personal Information Protection)
The Mall strictly complies with the Data Privacy Act of 2012. We collect the minimum information required for the purchase contract and do not use it for unauthorized purposes. Users have the right to access and correct their personal data.
Article 18 (Obligations of the Mall)
The “Mall” shall not engage in acts prohibited by these Terms or local laws.
The “Mall” shall maintain a secure system to protect User data (including credit information).
Article 19 (Obligations on ID and Password)
Members are responsible for the management of their ID and password and must not allow third parties to use them.
Article 20 (Obligations of the User)
Users must not:
Register false information.
Infringe on the intellectual property rights of the Mall or third parties.
Post obscene, violent, or defamatory messages.
Disrupt the Mall’s business operations using unauthorized programs/bots.
Article 21 (Links between Malls)
The “Mall” is not responsible for transactions or content provided by websites linked via hyperlinks (e.g., external blogs or partner sites).
Article 22 (Intellectual Property Rights)
All copyrights and intellectual property rights for works prepared by the “Mall” belong to the “Mall.”
User-Generated Content (UGC): By uploading posts, reviews, images, or videos (including those of the User's portrait) to the “Mall,” the User grants the “Mall” a free, worldwide, perpetual license to use, reproduce, edit, and distribute such content for marketing and promotional purposes on all official XEXYMIX channels.
Article 23 (Resolution of Disputes)
The “Mall” operates a Customer Service Center to resolve complaints.
Disputes that cannot be resolved amicably may be referred to the Department of Trade and Industry (DTI) of the Philippines for mediation.
Article 24 (Governing Law and Jurisdiction)
These Terms and any transaction between the Mall and the User shall be governed by the laws of the Republic of the Philippines.
Legal actions shall be filed in the competent courts of the Philippines.
Article 25 (Reward Points and Coupons)
The Mall may operate a Reward Point/Coupon system.
Reward points cannot be exchanged for cash and expire after one (1) year unless otherwise stated.
Points disappear upon membership withdrawal or after one (1) year of inactivity (dormant account).
Article 26 (Exemption of Mall)
The Mall is exempted from liability for service failure caused by natural disasters, force majeure, or reasons attributable to the User.
ADDENDA
These Terms of Use shall enter into force on January 22, 2026.
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