Terms of Service

1. Who you are dealing with

This site is operated by Alexander Jethro Alfonso and Tyrone Tan, trading together as AGOS, in the Philippines. In these Terms "AGOS", "we" and "us" mean those operators. Write to agosperformance@gmail.com and a person answers.

We publish this because an online seller should be findable and answerable to a name. If you ever cannot tell who is on the other end of a transaction, that is a reason not to transact, here or anywhere.

2. Agreeing to these Terms

By browsing this site or placing an order you accept these Terms. If you do not accept them, do not order. Under the Electronic Commerce Act of 2000 (RA 8792) an agreement reached this way is as binding as one on paper.

If you are ordering for a business, you confirm you are authorised to commit it.

3. Who can order

You must be at least 18, which is the age of majority in the Philippines. If you are younger, a parent or guardian has to place the order and it is their agreement with us, not yours.

4. What we say about the paddles

We describe weight, core, thickness, face material and dimensions as accurately as we can. Paddles are manufactured objects, so small variation between individual units is normal and is not a defect. Colour renders differently on every screen, and some imagery on this site is rendered or illustrative rather than photographic. Where that is the case we say so on the page.

Tournament eligibility

Both models are built to the USA Pickleball equipment standard and the face carries the USA PICKLEBALL STANDARD mark. That is not the same thing as being on the USA Pickleball approved equipment list, and we are not on that list yet. Do not assume an AGOS paddle is legal at a sanctioned event. Check with the organiser first. We will say so here and on the Technology page the day that changes.

5. Prices

Prices are in Philippine pesos. AGOS is not VAT registered, so no VAT is charged on these prices. This changes the day annual sales pass the BIR threshold, and the prices shown here change with it. Delivery is charged separately unless the paddle page says otherwise. We can change prices at any time, but never after we have accepted your order.

If a price is obviously wrong, we may cancel the order rather than honour it, and we will refund you in full and tell you why. This is not a licence to withdraw a price we simply regret.

6. Placing an order

Your order is an offer to buy. Because you pay us by transfer rather than through a card gateway, the contract exists when we have confirmed your payment against our own account, not when you press the button and not when you upload a receipt.

Until then we may decline an order, including where stock has run out, where we cannot confirm the payment, or where the quantity looks like resale rather than play.

Your paddle is held for 24 hours

Placing an order takes that paddle out of stock so nobody else can buy it while you pay. If we have not received your payment within 24 hours, the hold is released and the paddle goes back on sale. Nothing is charged and nothing is owed, and you are welcome to order again if it is still there.

If you have paid and the money is simply still moving, tell us and we will hold it. The 24 hours is there to stop stock sitting behind orders nobody intends to pay for, not to catch you out.

7. Paying

You pay us directly. After checkout we show you a QR code for GCash, Maya, RCBC or GoTyme and the exact amount. You pay in your own banking app, screenshot the receipt, and upload it. There is no card gateway and no card field anywhere on this site. If you are ever shown one, you are not on our site.

The amount is calculated on our server from our own price table, not in your browser, so a tampered request cannot change what you owe.

Uploading a receipt is not payment confirmed. A person checks every payment against our own account before anything is packed, usually the same day. Until that happens your order reads as received, not paid, and we will not tell you otherwise. If the money never arrives, nothing ships and nothing is owed.

If the amount does not match

Send the exact amount shown. If you underpay, we will tell you what is outstanding and hold the paddle while you settle it rather than cancelling on you. If you overpay, we refund the difference. If a payment arrives that we cannot match to any order, we will try to find you from the reference and return it.

Send only to the accounts shown on our own payment page. We will never message you asking you to send money somewhere else, and any account details that reach you by any other route are not ours.

8. Delivery

Dispatch times, delivery estimates, costs and couriers are set out on the Shipping and Returns page. Estimates are estimates. Once a parcel is with a courier its timing stops being something we control, though chasing it remains something we do.

Risk passes to you when the paddle is delivered to the address you gave us. If it is lost or damaged before that, it is our problem to solve, not yours.

9. Returns and refunds

The full policy, including the window, who pays return shipping, and how refunds are paid out, is on the Shipping and Returns page. It forms part of these Terms.

That policy is what we offer voluntarily. It sits on top of your rights under the Consumer Act of the Philippines (RA 7394) for goods that are defective, not as described, or not fit for the purpose they were sold for. Nothing on this site reduces those rights, and no term here should be read as trying to.

10. Limited warranty

We warrant each paddle against manufacturing defects in materials and workmanship for 6 months from delivery, against manufacturing defects. Your rights under the Consumer Act of the Philippines apply on top of this and are not limited by it. from the date of purchase, to the original purchaser, with proof of purchase.

The warranty covers delamination, core separation, and edge guard failure that is not impact related. It does not cover normal play wear, surface abrasion, edge guard scuffs, grip wear, cosmetic marks that do not affect play, or damage from misuse, paddle tapping, throwing, or leaving a paddle in a hot car.

Where a claim is valid, we will repair the paddle, replace it, or refund what you paid for it, at our option. Claims go to agosperformance@gmail.com with your order number and photographs.

11. Founding paddles

The first 150 paddles ship with a signed founder card and an AGOS bag. Those items are included with the paddle and are not sold separately, so they carry no separate refund value. If a founding paddle is returned, the card and bag come back with it.

12. What belongs to us

The AGOS name and logo, the paddle designs and colourways, the photography, the site copy and the code are ours or our licensors'. You are welcome to share a link, post a photograph of a paddle you own, or quote a line with attribution. You may not resell our imagery, use our marks on your own goods, or pass our copy off as yours.

13. Using the site

Do not use this site to break the law, to attempt unauthorised access, to scrape it hard enough to degrade it for anyone else, or to interfere with how it runs. Testing our security in good faith is a different thing, and it is welcome. The rules for that are on the Security page.

14. Pickleball carries risk

Our paddles are sold for recreational and competitive play. Court sports injure people. By playing you accept the ordinary risks of the sport, and we are not responsible for injuries that come from playing it, from playing it tired, or from playing it on a surface or in a way that was not safe.

15. What we do not promise

Beyond the warranty in section 10, and to the fullest extent Philippine law allows, this site and everything on it are provided as they are. We do not promise the site will be uninterrupted, that every page will be free of error, or that a paddle will make you a better player. The paddle is only as good as the hand.

Nothing in these Terms excludes liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be excluded.

16. The limit of our liability

Subject to section 15, our total liability for anything arising out of these Terms or any paddle is limited to what you paid for the paddle the claim is about. We are not liable for indirect or consequential loss, including lost matches, lost sponsorship, lost time, or the tournament you could not enter.

17. If something goes wrong

Tell us first, at agosperformance@gmail.com. Most things are a conversation, and we would rather have it than not.

If that does not resolve it, consumer complaints against an online seller in the Philippines can be brought to the Department of Trade and Industry, which mediates them, and the Internet Transactions Act of 2023 (RA 11967) gives the DTI a specific role in online transactions. Going to the DTI does not cost you your right to go to court.

18. Governing law

These Terms are governed by the laws of the Republic of the Philippines. The courts of Pasig City have jurisdiction, without stopping you from bringing a consumer claim where Philippine law says you are entitled to bring it.

19. Disputes and arbitration

If something goes wrong, write to us first at agosperformance@gmail.com. Most things are settled that way, and we would rather settle them that way.

If a dispute is still unresolved thirty days after you first raise it, either of us may refer it to arbitration by a single arbitrator in Pasig City, seated in the Philippines and conducted in English, under Republic Act No. 9285, the Alternative Dispute Resolution Act of 2004. The arbitrator's award is final and binding, and either of us may have it enforced by a court.

This does not take away your right to bring a claim before the Department of Trade and Industry or any other body that Philippine consumer law gives you access to, and it does not stop either of us asking a court for an urgent order while an arbitration is being set up. Nothing here waives a right the Consumer Act gives you.

20. Changes

We may update these Terms. The date at the top changes when we do. The version that applies to your order is the one that was published when you placed it, so a later change cannot be applied backwards to a purchase you already made.

21. Contact

Questions about these Terms: agosperformance@gmail.com.