Terms of Service & B2B Agreement

1. Acceptance of Terms & Contracting Parties

Welcome to GawangPinas ("Platform", "we", "us", or "our"). By registering an account, browsing product catalogs, submitting Requests for Quotations (RFQs), or placing wholesale procurement orders on gawangpinas.com and its affiliated subdomains, you ("User", "Buyer", "Producer", or "Supplier") enter into a legally binding contract governed by these Terms of Service.

If you are accessing or using the platform on behalf of a registered business, corporation, cooperative, or government entity, you represent and warrant that you possess full legal authority to bind said entity to these Terms.

2. Eligibility & Mandatory MSME KYC Verification

GawangPinas is a dedicated B2B wholesale platform. To participate as a buyer or producer, you must meet the following eligibility requirements:

• Be at least eighteen (18) years of age with full legal capacity to enter into binding contracts.
• Operate a legitimate commercial, wholesale, retail, institutional, or artisanal enterprise.
• Complete mandatory Know-Your-Customer (KYC) verification by providing valid Philippine government-issued identification and official business documentation (DTI Certificate of Business Name, SEC Registration, or BIR Form 2303).

We reserve the unconditional right to suspend, terminate, or downgrade accounts that provide fraudulent, expired, or misrepresented business registration credentials.

3. Wholesale Procurement, Orders & RFQ Contracts

Transactions on GawangPinas are initiated through either:

1. Direct Wholesale Checkout: Ordering catalog items at defined volume tiers and established Minimum Order Quantities (MOQs).
2. Custom Request for Quotation (RFQ): Submitting custom specifications, target volumes, and budget deadlines to verified producers.

A binding commercial sales contract is formed between the Buyer and Seller once the Seller formally accepts the purchase order or when both parties execute an agreed RFQ bid. GawangPinas provides the technology infrastructure, trust verification, and trade escrow services facilitating said contract.

4. Minimum Order Quantities (MOQs) & Volume Pricing

Producers on GawangPinas establish Minimum Order Quantities (MOQs) to sustain artisanal and factory production runs. Buyers agree to respect all published MOQs.

Volume price breaks (e.g., Tier 1: 10–49 units, Tier 2: 50–199 units, Tier 3: 200+ units) apply strictly to single-order quantities per SKU unless otherwise agreed via formal RFQ quotation. All prices are quoted in Philippine Pesos (PHP / ₱) and exclude applicable freight shipping costs unless explicitly noted as Delivered At Place (DAP).

5. Trade Escrow, Invoicing & Payment Safeguards

To protect both buyers and MSME producers from payment default and non-delivery, all platform transactions utilize GawangPinas Trade Escrow:

Sellers are responsible for issuing official BIR-compliant commercial invoices and Official Receipts (OR) upon goods dispatch or delivery confirmation.

6. Shipping, Logistics & Transfer of Risk

Freight fulfillment is executed through verified logistics partners (2GO Cargo, Flash Express, J&T Express, Lalamove, XDE Freight) or seller-arranged freight forwarding.

Risk of loss or damage to bulk goods transfers to the Buyer upon physical delivery to the designated shipping address, subject to the Buyer's right to file a legitimate transit damage dispute within the 72-hour inspection window.

7. Returns, Replacements & Dispute Resolution

Because wholesale transactions involve customized manufacturing and bulk packaging, returns are accepted strictly under the following conditions:

• Material Non-Conformity: The delivered goods substantially deviate from approved sample specifications or contract descriptions.
• Latent Batch Defects: Severe manufacturing defects exceeding the agreed standard tolerance threshold (AQL 2.5).
• Shortage: Delivered piece count is less than the invoiced quantity.

In the event of a dispute, GawangPinas Mediators review transaction chat logs, photos, and shipping waybills to issue a binding resolution within five (5) business days.

8. Prohibited Activities & Platform Integrity

Users are strictly prohibited from engaging in the following actions:

• Off-Platform Circumvention: Soliciting, encouraging, or executing off-platform transactions to evade platform trust fees or escrow protections after discovering parties on GawangPinas.
• Counterfeiting: Listing counterfeit, replica, unapproved trademarked items, or misrepresenting imported goods as "Philippine Made".
• Hazardous & Regulated Goods: Listing firearms, hazardous chemicals, unauthorized pharmaceuticals, or uncertified consumables violating FDA Philippines regulations.
• Review Astroturfing: Fabricating reviews, submitting fake ratings, or coercing suppliers for unjustified discounts under threat of negative feedback.

Violations result in immediate account termination, forfeiture of security badges, and reporting to the DTI E-Commerce Bureau.

9. Intellectual Property & Brand Rights

All platform software, algorithms, UI components, "GawangPinas" wordmarks, and logos are the exclusive intellectual property of GawangPinas and protected under the Intellectual Property Code of the Philippines (Republic Act No. 8293).

Producers retain full ownership of their registered brand logos, product trademarks, and photography uploaded to the platform, granting GawangPinas a non-exclusive license to display said assets for catalog promotion and export marketing.

10. Limitation of Liability & Indemnification

To the fullest extent permitted by Philippine law, GawangPinas shall not be liable for any indirect, incidental, punitive, or consequential damages resulting from lost profits, production delays, or transit disruptions beyond our reasonable control.

Users agree to indemnify, defend, and hold harmless GawangPinas, its directors, officers, and employees from any third-party claims arising from their breach of these Terms, non-compliance with tax obligations, or violation of consumer safety laws.

11. Governing Law, Jurisdiction & Amendments

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

Any legal suit, action, or proceeding arising out of or relating to these Terms shall be instituted exclusively in the proper courts of Bacolod City, Negros Occidental, Philippines, to the exclusion of all other courts.