Terms and Conditions

Herewith are the Terms and Conditions that regulate the rights and obligations in using the services offered by Bentaco on the “www.bentaco.ph” website.

Introduction

Scope of the Terms and Conditions

The Terms and Conditions (TC) of Bentaco with office address at 27 Annapolis Boutique Residences, Annapolis St., Greenhills, San Juan City (hereinafter "Bentaco") as well as those declared as bidding by these terms and conditions in addition to the government regulations, particularly in the Data Protection Act and the usage of the Bentaco website www.bentaco.ph (hereinafter referred to as “Marketplace”) related rights and obligations and the contractual relationship between Bentaco and Bentaco members when using the interface, the Interface Terms of Use.

Confirmation and Amendment of these Terms and Conditions, Bentaco member confirms these Terms and Conditions anew every time he logs into the marketplace. Bentaco reserves the right to make changes to these Terms and Conditions at any time and to publish the updated version on the Marketplace. Members will also be notified of any significant changes within a reasonable period of time before they come into force.

Bentaco

Bentaco is an online marketplace platform that was initiated and fully developed exclusively by Bentach Corporation.

Bentaco makes its marketplace available to its registered members upon viewing as a platform for offering and purchasing goods and rights (hereinafter: "Items"). These Terms and Conditions refer to the provider of an item as the “seller”, while the purchaser of an item as the “buyer” and the acquisition as a “purchase” or “buy”.

Usage of the Bentaco

  • Individual Use

    On the marketplace, Bentaco members can conclude contracts autonomously and of their own responsibility. Only the seller and the buyer are obliged and entitled under such contracts. The fulfillment of the contract is the exclusive responsibility of the seller and buyer.

  • Bentaco's Legal Standing

    Bentaco is not a party in any contracts that are concluded between members, seller and buyer, on the marketplace. Bentaco, its representatives, employees and auxiliaries are not responsible for any risks associated within the initiation and conclusion of transactions and are not liable for any damage that may arise as a result.

    Bentaco is not obliged to control the conduct of its members in connection with the usage of the marketplace. Bentaco is entitled, but not obliged, to check in any way the offers, comments and photos published on the marketplace by its members for their legality or other permissibility. This is extended also for the system used by the members to evaluate other members.

  • No Right to use

    There is no entitlement to registration, membership, use of the marketplace or use of Bentaco's services. In particular, Bentaco is free to decline a registration at any time, or in accordance to the reasonable provision to a member who were terminated, prohibit use or cease a service.

Definitions

  • Member

    Upon submission of the registration, together with their personal information and consent to the present terms and conditions, the interested party becomes a "member" of the marketplace. Bentaco is free to add information and/or make verifications or to waive the member’s registration. Registration and membership are free of charge.

  • Offer

    Offer means the publication of their own representation for the sale of an item on the marketplace.

  • Types of Offers on the Bentaco

    • Bidding

      An offer is published on the marketplace for a period of time and under the conditions specified by the seller. Starting with the set minimum price, interested parties can submit bids for the item offered in fair competition. The bidding closes at the end of the bidding period. The contract is awarded to the highest bidder.

      An option to buy the item immediately at a fixed price is available in this offer before the bidding ends.

    • Buying

      A buying offer for the immediate sale of the item to the person who agrees to pay the specified amount.

Membership

Purpose

Membership is a prerequisite for offering and purchasing items on the marketplace, in using the marketplace, and in using password-protected modules particularly to secure the member’s personal account. In order to be able to use all the functions of the marketplace as a registered member, without restriction in buying and selling of items, various verification levels are provided or may be required. Browsing of items is open to non-members.

Description

Registration is free of charge. Membership is personal and non-transferable.

Minimum Requirements for Membership

  • Ability to Act

    Membership is only open to Philippine residents with legal capacity. Minors (below 18 years old) are excluded from membership.

  • Personal Information

    All information in the Registration are necessary and must be completed. In the event of changes, the member is obliged to update immediately their personal profile, hence, information is accurate at all times.

    Bentaco can provide additional information and/or verifications for specific functions or waive them at any time.

    Username must not be obscene or in any other way offensive. In addition, the user name must not contain any reference to an e-mail or Internet address, nor may it infringe the rights of third parties.

Duration of Membership

  • Membership

    Member must complete the registration and acceptance of these Terms and Conditions. Membership begins after an email confirmation will sent by Bentaco.

  • Termination

    Member can terminate their Membership at any time, provided all of the following conditions are met:

    • The member will send an email indicating their intention to cancel their membership to business@bentach.com;

    • The member should not have pending transaction with other Bentaco member or ongoing bidding; and

    • The member is not involved, as a bidder, in an ongoing bidding.

    If one of the conditions is not met, the termination is invalid. Bentaco will confirm the cancellation by email and close the relevant account. Any ratings submitted and received, as well as feedback from members will continue to appear on Bentaco even after the member's termination of membership.

  • Termination by Bentaco

    Bentaco is entitled to terminate a member at any time particularly if the terms and conditions are disregarded and violated. Bentaco reserves the right to prohibit delinquent usage or to discontinue a service, without the member’s consent and without having any claims against Bentaco as a result.

    Bentaco is entitled to temporarily or permanently block and exclude a member if it appears likely that another Bentaco member blocked or excluded them. Likewise, if the Bentaco account was used and made transaction other than the registered user (such as, but not limited to, family members, friends, or relatives) specially when a third party was injured.

    Any given and received ratings as well as feedbacks from a member will continue to appear on the marketplace even after membership has ended.

    Excluded member can no longer be re-register as a member without a prior consent from Bentaco. Violating this provision will be penalized of Php 5,000.00.

Membership Obligations

Confidentiality of Information

The member is obliged to keep the personal password given to him by Bentaco, as part of his registration, and the activation code received by the member. Passwords should keep it confidential at all times. Do not disclose or make passwords accessible to third party.

Technical Interventions

The use of mechanisms, software or other scripts that could disrupt the proper operation of the website is strictly prohibited. Members may not take any measures that could result in an unreasonable or excessive load on Bentaco's infrastructure. Members are prohibited from blocking, overwriting or modifying content generated by Bentaco or from interfering the marketplace.

Intellectual Property Rights

Bentaco strictly prohibited posting of items’ photos and descriptions which violates third party’s intellectual property rights. Members are expected to use and post their own items’ photos. The member may only use and publish photos and descriptions on the Bentaco website that they have created or with owner’s permission to use. It applies in particular photos and descriptions that are publicly accessible on another website.

Personal Rights

Bentaco is strictly prohibited posting of photos or comments that are offensive, obscene, defamatory, harassing, defamatory, denigrating, disparaging, defamatory, and any other related remarks. Offers should not be violated other personal rights.

No advertising

Offers should not contain any form of advertising of items that the member is not currently offering in the marketplace.

Offers and contents published on the marketplace (including photos) must not contain any URL links or web addresses. Offers should not be in the form of advertisement or not in the general list of prohibited items.

Use of Content

The information about a seller or other information that can be viewed in an offer, which Bentaco may transmit in connection with offers. It is also not permitted to use to send newsletters or to pass it on to third parties.

No Contract Conclusion Outside of the Marketplace

Member is prohibited to award any contracts outside the marketplace or directly or indirectly encourage them to do so.

No Manipulation of Bidding

It is forbidden to manipulate the prices of one's own or third-party offers by using several Bentaco accounts or in conjunction with third party accounts. The submission of bids using automated data processing processes is forbidden.

Rating System

An honest feedback is mandated to all Bentaco users. Reviews must be based on the items bought and personal experiences in dealing with the party concerned. Any unfair rating is prohibited. Bentaco is entitled, but not obliged, at any time and without further inquiry, to check and delete profane comments. Rating system should not be abused and used for unjust enrichment.

Marketplace Operation

Prohibited Offers

Bentaco member is forbidden to offer a certain regulated, restricted, and prohibited items or group of items on the marketplace at any time, at its own discretion, without securing necessary permits and clearances.

Categories

Bentaco is authorized to delete individual offers, bids as well as comments and photos on the website at any time without prior notice. This applies in particular offers that were posted with incorrect marketplace category, which bids are obviously not meant to be serious, and comments or photos that could infringe the rights of the members and third parties. No claims against Bentaco can be derived from such deletions.

Bentaco is authorized at any time without prior notice and justification to rename, split, merge, cancel or introduce new categories and to move current offers to its corresponding category or to delete them accordingly.

Violation on these Terms and Conditions

Bentaco is authorized to give necessary disciplinary action/s to its member, if there is reasonable and concrete evidence that this member has been violated these terms and conditions. Bentaco is particularly entitled to give necessary disciplinary action/s to a member who willfully commit fraudulent activities against his contractual obligations towards another member.

The right to terminate a member from membership is all rights reserved to Bentaco (see: Membership / Termination by Bentaco).

Seller Obligations

Power of disposal over the offered item

The seller may only offer items for which he is entitled to dispose. This means in particular, without being limited to this, that the member is able and entitled to transfer ownership and property completely to the buyer voluntarily, in good faith and conscience, and customary.

No sale of prohibited items

Bentaco strictly forbidden its member to offer items, sale, purchase, supply or use of which could violate statutory provisions or against good customs. Bentaco maintains a non-exhaustive and continuously updated list of prohibited items (see marketplace operation / prohibited offers) of items whose offer or advertising is prohibited without the prior express consent from Bentaco.

Bentaco reserves all its rights at any time to delete offers and to inform the responsible authorities or injured third parties of the said prohibited items.

Truthful Information about the purchased item

The seller is obliged to provide truthful and complete information about his offer. The seller should not provide any deceiving, misleading, unfair information about the item offered.

The seller should provide full information on the details of payment and delivery. All defects in the item or packaging must be stated. The seller is obliged to publish his offer in an appropriate item category on the marketplace.

No Prior Sale

The seller is prohibited from selling an item that was already sold nor granting third parties or to give any rights to it during the period of the offering and bidding phases.

Success Commission

Posting of items on Bentaco is free.

In accordance with the fee regulations, the seller has to pay Bentaco a success fee as commission of 5% if the contract is successfully awarded. All of the aforementioned fees are due after 5 calendar days and an acknowledgement receipt can be downloaded after receipt of payment.

Bentaco reserves all the rights to adjust the fee for new offers at any time. A deletion or modification of an offer by the seller during its term does not entitle the seller to a refund or reduction of the promotional fees incurred.

However, this Success Commission is temporarily suspended until further notice.

Relationship between seller and buyer

General

Bentaco cannot guarantee that all members will follow the marketplace etiquettes when trading and will conduct principles of good faith. Bentaco cannot guarantee that members fulfill any contractual obligations they may have with one another.

History of Transaction

  • As long as there is no ongoing bid, the seller is entitled to delete his offer and thus withdraw it. As soon as a bid is started, the seller is bound to the offer.

  • Form of Bids

    Items offer to bid in Bentaco is valid if the bidding was conducted in the Bentaco. Other forms of bidding or transaction conducted outside the marketplace, particularly referring to the item offered using the marketplace is invalid.

  • Nature of the Bid

    By submitting a bid, the bidder accepts the item offered under the conditions specified by the seller or individually agreed with (payment modalities, mode of transport, delivery costs etc.).

    The highest bidder will be declared at the end of the auction. The seller will be obliged to deliver the item as soon as the payment method concurred by both parties. Changing or withdrawing in a bid is prohibited.

  • Contract Awarded

    As soon as the bid period expires, the highest bidder will be awarded the bidding contract with the seller. If a member offers a fixed price, a bidding contract between him and the seller is immediately awarded.

  • Content of the Contract

    • Conditions of the Seller

      The content of the awarded contract is defined based on the item description listed by the seller (including additions such as, for example, seller information that he has published as part of the feedback function) and the conditions specified by the parties.

      The seller is obliged, after the payment of the purchased received, to grant the buyer possession and ownership of the item, free from any third-party rights. Exclusions of liability in this regard by both parties are not permitted and Bentaco is not part of the contract between the seller to the buyer.

    • Item description

      The item description is part of the contract, the seller should guarantee that the offer defined the exact properties of the item. Any fraudulent descriptions or identifications are strictly prohibited.

    • Purchased of Items

      The seller is liable for any defects and damages, particularly those defects that are not revealed and described, which signify impairment of the value or use of the said item. The seller is liable for the functionality of a device sold.

      The buyer will be liable to any risk after the seller dispatched or handed over the item/s to the former.

      Philippine law will apply and govern to all disputes between the contracting parties in connection with the offer.

  • Contract processing

    • General

      Both contracting parties are obliged to meet their obligations from the purchase contract in full and on time.

      The execution of the contract is a matter for both parties; the fulfillment (processing) of the transaction depends on their respective contractual conditions. This applies in particular to the maturity of the individual contractual services. If the offer did not contain any rules and the parties did not agree otherwise, the following will apply:

      • Communication

        Each party must provide their contact information to be able to fulfill their contract within 7 calendar days after the contract is awarded. This applies in particular to the postal or bank details, if bank transfer is the agreed payment method, and complete address, date and time, if for pick-up and thru courier service is the agreed delivery method.

        Otherwise, the offended party is entitled to withdraw from the contract after 7 calendar days from the date when the contract was awarded.

      • Due Date

        The contractual performance must be provided in full and properly at the latest within 7 days of receipt of the information required. After receiving the corresponding service, the other party has to provide the due consideration in full and properly as soon as the party received the item. This 7-day period also applies to collect payment.

  • Withdrawal

    If a member does not provide his due service despite being requested to do so, his contractual partner is entitled to withdraw from the contract and to refund any advance payment. This applies if any pf the party failed to appear at the agreed handover meeting nor give the party’s bank details in spite of the several requests made.

  • Item Defect

    The seller must inform the buyer if the offer is secondhand or defective items. The secondhand or defective item must specify in the description, especially if it reduces or eliminates the value or suitability of the item for the intended use.

    To request a repair or replacement of a non-disclosed defective item, the buyer must notify the seller immediately, as soon as the buyer received the item. The same will apply if the item had deficiencies in its properties that were mentioned in the offer description.

    If the seller does not response to the notification of defects or if a subsequent improvement does not bring the desired success, the buyer is entitled to withdraw from the contract (rescission), to demand the replacement of the reduced value of the item (reduction) or other worthy goods of the same type (replacement) and deliver to the relevant service point of the buyer at his own expense.

Data Protection

Bentaco processes the personal data collected from the members in accordance with the Data Protection Act of 2012, its Implementing Rules and Regulations (IRR), other issuances of the National Privacy Commission, and other relevant laws of the Philippines.

Transfer of Rights and Obligations to Third Parties

Bentaco reserves all the rights to transfer individual or all rights and obligations from these terms and conditions to a third party or to have them exercised by a third party.

Membership and all rights and obligations of the current or former member towards Bentaco cannot be transferred by the member.

Disclaimers

General

Bentaco is not liable for any direct or indirect injury that causes damages in any event and in any mandatory statutory provisions. Bentaco is not liable for any consequential damage regardless of the legal basis and fully and expressly excluded.

Maintenance

Bentaco is only liable for temporary unavailability of the website, website functions or malfunctions of the website / marketplace due to system maintenance work or other reasons, without the user or member having any claims against Bentaco as a result.

Biddings that have been significantly affected by system interruptions will be automatically extended. Please note our principles in the event of system failures.

Bentaco is not liable for any technical problems in the event of negligence, due to which offers or bids are not accepted or processed late, or incorrectly.

Offers and Descriptions

Bentaco is not responsible for examining the offers, reviews, and other items made by members on the marketplace. Members are obliged to publish information accurately and will be held responsible for the customary offers considering the quality, safety, legality or availability of items offered.

Members and Third Parties

Bentaco is not liable for any damages that members or third parties suffer as a result of the injury caused by other members or third parties in connection with the use or misuse of the marketplace.

Linked Websites

Bentaco assumes no liability for the topicality, correctness, legality, completeness or quality of the content of websites that can be accessed via links on the Bentaco website and excludes any liability in this context.

Exemption

If other members, users or third parties assert claims against Bentaco due to infringement of their rights by offers or content published by a member or due to other use of the Bentaco website by members or users, this member or user asserts Bentaco of all claims free and also assumes the costs of Bentaco's legal defense (including court and legal fees).

Separability Clause

These terms and conditions be wholly or partially void and / or ineffective, the validity and / or effectiveness of the remaining provisions or parts of such provisions shall remain valid. The invalid and / or ineffective provisions will be replaced by those that come closest to the spirit and purpose of the invalid and / or ineffective provisions in a legally effective manner. The same applies to any gaps in the regulation.

Applicable Law and Jurisdiction

All disputes between Bentaco and a (current or former) member in connection with these terms and conditions are govern by Philippine Laws.