LEGAL

Privacy Policy

Our company agrees with all users to not send out information against our own terms and conditions, subject matter or data sent to us unless required to do so by the law. We will collect any required information necessary to complete a transaction and make it as safe as possible for both parties. Such information may include, E-Mail, Name, Telephone Number, Address and other anonymous information. At no times will this information be sent to outside parties unless required by law.

Information or personal sensitive date sent through Live Chat, IMs, Phone Calls, E-Mails, Text Messages or any other type may be recorded and collected by secondwind.ph . We strongly recommend reading this policy statements so you understand what information we will collect, use or share if it is necessary. We are not responsible for outside websites or outside information that interacts or links to our company.

Information not noticeable by users may include IP address, Browser Type, Domain Names, Access Time and referrals to our website are collected information. The information is used to make a better, quality site and show the total statistics for our website.

Our company uses most of the information provided to operate deliveries within orders requested by users. We also use personal or sensitive information to inform you of other products available and promotions/advertisements.

We don’t sell, rent or lease clients or customer information/lists to any outside or third parties. We may however offer information to external business partners that may be of interest to you. Information such as e-mail, name, address, telephone number etc. will never be given to any other parties. We may share data with trusted partners to help perform a better quality site. All outside third parties are prohibited from using personal information except to provide these services to the Company, and they are required to not send any of the information provided to outside parties.

We will disclose personal sensitive information without notice, only if required by law or in other important matters that are issued by the high officials at  secondwind.ph. As an established business we are required to use your information for such matters listed above. If the user decides they do not want their personal sensitive information to be stored, they must email  info@secondwind.ph for deletion. All other information will be stored and kept unless done so by law.

The purpose of the privacy policy is for you the user to understand the purpose for the use of your information.

Terms and Conditions

Run Like The Wind Corp (“Secondwind” “we” “us”) website(s) (our “Site” or “Sites”) and related services are made available to you pursuant to the following Terms of Use & Service and any other rules posted on our Sites (collectively, the “TOS”). Please read the TOS carefully before placing any orders on  secondwind.ph. We recommend you should keep a copy of the TOS for future reference.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 18, you must let your parent or guardian know about  secondwind.ph’s Privacy Policy before you register to use this Site or any of this Site’s services. We reserve the right to only accept orders from those over 18 however.

We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law.

REGISTRATION

To use some of the services or features made available to you on this Site, you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address   info@secondwind.ph. You may also want to view our Privacy Policy. We may change registration requirements from time to time.

ELIGIBILITY

In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available but not limited to individuals and others who meet the  secondwind.ph terms of eligibility, who have been issued a valid credit card by a bank acceptable to secondwind.ph, whose applications are acceptable to  secondwind.ph and who have authorized secondwind.ph to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase.  Secondwind.ph reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise, you expressly authorize us to perform credit checks and, where  secondwind.ph feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

ORDERS

All orders are subject to acceptance and availability.

Secondwind.ph offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally, however, we may be waiting for shipments from our designer suppliers. Consequently, you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to  secondwind.ph.  Secondwind.ph will only take Advance Purchase orders for stock that has been scheduled for delivery by a designer/supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at  secondwind.ph. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit card within thirty days of being advised that merchandise has become unavailable.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.

Please note that items in your shopping basket are not reserved and may be purchased by other customers.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and  secondwind.ph will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in the Philippines where our operation center is located and the language of the contract is English.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

PAYMENT

Payment can be made by Visa, Visa Electron, MasterCard, American Express, Delta, and Maestro debit cards and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by secondwind.ph. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to  secondwind.ph, we will not be liable for any delay or non-delivery.

We take all reasonable care to make our Site secure. All credit card transactions on this site are processed using Paypal, Moneybookers and/or Asiapay.

To help ensure that your shopping experience is safe, simple and secure  secondwind.ph uses Secure Socket Layer (SSL) technology.

Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

Returns and Exchanges

RETURNS AND EXCHANGE POLICY

We will only accept return and exchange transactions from our customers for damaged/defective pairs upon delivery (subject to brand specific policies and guidelines). We will not honor a customer’s request for return and exchange due to his/her change in product preferences (FOR EXAMPLE THE CUSTOMER CHANGES HIS MIND AND DECIDES TO CHOOSE THE SAME ITEM IN A DIFFERENT COLORWAY OR A DIFFERENT ITEM ALTOGETHER ETC.)

Please make sure to have all of the contents of the package which includes the product/s, boxes/tags, official receipt, and other accessories intact and contact us immediately via email at admin@secondwind.ph

For damages/defects, we will gladly shoulder all the shipping costs to be incurred in the exchange.

For size changes, the customer must be the one to shoulder all the shipping costs to be incurred in the exchange.

If no complaint has been made within fourteen (14) days upon the receipt of the package, we will no longer honor any return and exchange transaction with the customer.

FAQS: RETURNS AND EXCHANGE

Q: What if the shoes/apparel won’t fit? Can we have it exchanged to another size?

A: Yes, we can replace your pair provided that you will return the entire package (the shoe box, the shoes, the accessories and the Official Receipt, for example) to us. Please take note that the product/s and the accessories along with it must be unused, unaltered, and complete. All shipping costs to be incurred during the exchange must be shouldered by the customer. For apparel, the product must be unworn/unused and any and all tags originally attached including the price tag/product details tag etc. must still be attached to the item.

To request for size changes, simply send us an email at admin@secondwind.ph with the subject: “Size Change”

Q: What will be the payment method for shipping costs incurred during return/replace transactions?

A: You may pay via Bank Deposit (BPI). Our bank details will be sent to you via e-mail once your replacement pair has been forwarded to the courier.

Q: I don’t know my size, how can I avoid getting the wrong one?

A: You may send us an email at admin@secondwind.ph or a private message via Facebook at www.facebook.com/SecondwindPH so that one of our representatives can assist you. You may also contact us in our contact numbers posted on this site.

Q: I got a wrong/damaged package. What am I going to do?

A: When you’re receiving your item, you will be prompted to sign a Delivery Receipt/Proof of Delivery. Please be mindful to check the package first before receiving/signing the document. Also, please check the contents of the package immediately once received. Shall there be any problem with the product upon delivery, please take a picture and send it to us immediately at admin@secondwind.ph so we can help you.

PRICING POLICY

Prices shown on the Site are in PHP and are inclusive of VAT at the applicable rate.

All prices and offers remain valid as advertised from time to time. The PHP price of a product displayed on the site at the time the order is accepted will be honored, except in cases of patent error.

Product prices are set at the beginning of each season. These prices are subject to change if changes are made by the brand or if the items are subject to markdowns at any time during the selling period.

Customers purchasing from the Secondwind.ph will be charged for the items purchased and shipping costs only.

If you are a customer whose credit card is not denominated in PHP, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.

ACCEPTANCE OF YOUR ORDER

Unless you cancel your order, acceptance of your order and completion of the contract between you and Secondwind.ph will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in the Philippines where our operation center is located and the language of the contract is English.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the terms of shipping.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

PAYMENT

Payment can be made by Visa and MasterCard and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by Secondwind.ph. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Secondwind.ph, we will not be liable for any delay or non-delivery.

We take all reasonable care to make our Site is secure. All credit card transactions on this site are processed using AsiaPay/PesoPay.

To help ensure that your shopping experience is safe, simple and secure Secondwind.ph uses Secure Socket Layer (SSL) technology.

Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

INSURANCE AND DELIVERY

Your package is insured by a third party service provider during each purchase from the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Secondwind.ph and transfer of responsibility in the same way.

Please note that we aim to dispatch all confirmed orders within 48 hours. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. Secondwind.ph is not responsible for any delays caused by destination clearance processes.

TRACKING YOUR ORDER

We will email you of your order tracking number once it is provided by our logistics provider.

INTELLECTUAL PROPERTY RIGHTS

Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and any other intellectual property and material rights relating to the Content (as described in the Content section below), including  secondwind.ph Software and all HTML and other code contained in this Site. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by  secondwind.ph and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

CONTENT

In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site.  Secondwind.ph tries to ensure that the information on this site is accurate and complete.  Secondwind.ph does not promise that  secondwind.ph’s content is accurate, error-free.  Secondwind.ph does not promise that the functional aspects of the Site or  secondwind.ph’s content will be error free or that this Site,  secondwind.ph content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

NO COMMERCIAL USE

This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

YOUR ACTIVITY

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

THIRD PARTY SITES

We may include hyperlinks on this Site to other websites or resources operated by parties other than  secondwind.ph, including advertisers.  Secondwind.ph has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

YOUR RIGHTS

You have certain rights under the law. These include, in Philippines:

  1. That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
  2. Certain remedies if a product is defective; and
  3. A right to exchange any order for a product within seven working days commencing on the day after the date on which you receive it.

Nothing in the TOS is intended to affect these rights.

LIMITS ON OUR LIABILITY

We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.

Nothing in the TOS is intended to affect your rights under the law (see “Your Rights” above).

If  secondwind.ph breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and  secondwind.ph at the time of you placing your order, and  secondwind.ph dispatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased.

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events which beyond our reasonable control.

COMPENSATION

At our request, you agree to compensate us fully, defend us and hold us  secondwind.ph harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and  secondwind.ph as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of  secondwind.ph, and we shall not be liable for any representation, act, or omission on your part.

NO WAIVER

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

GOVERNING LAW

The TOS together with all our policies and procedures will be governed by and construed in accordance the relevant Philippine law and the relevant courts of the Philippines will have exclusive jurisdiction.

Website Security

Secondwind.ph is secured by SSL Encryption. This ensures that the data that is passed from the buyer to  secondwind.ph is safe and secure. Furthermore,  secondwind.ph checks and validates transactions to ensure that the buyer and the credit card owner is one and the same person.