Terms and Conditions
F. Marie & Co. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these terms carefully before you place your order with us or access our website as they contain important information. If you think that there is a mistake in these terms, please contact us.
- TERMS AND DEFINITIONS
- By accessing this website and/or placing an order, you agree to be bound by our terms and conditions and other related company policies. If you do not agree to be bound by these terms and conditions, you may not use or access this website.
- Your attention is particularly drawn to Section 12 (Price and Payment), Section 14 (Limitation of Liability), and Section 15 (Indemnification).
- The provisions of these Terms and Conditions apply to the extent permitted under applicable law.
- WHO ARE WE?
- We are F. Marie & Co., a company registered in the Philippines. Our registered office is at 816 Pacific Century Tower Barangay South Triangle Quezon Avenue, Quezon City, Philippines.
- HOW TO CONTACT US?
- You may contact us by through our email: email@example.com
- YOUR REGISTRATION
- You agree not to impersonate another individual or entity or to apply a false call or a name which you are not authorized to apply.
- YOUR ORDER ON WEBSITE
- To place an order for products on the website, you should press the ‘confirm order’ button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the website.
- At the checkout on our website, you will be given an opportunity to review your order, including the delivery details, to make any amendments prior to placing an order.
- You will receive an order confirmation email detailing the products you have ordered. This email does not constitute our acceptance of your order. Order acceptance will take place on the dispatch of your products ordered.
- If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. If we have taken payment prior to non-acceptance of your order then we will refund you, but please note that it can take up to 7 business days for the bank to transfer the funds to you. Non acceptance of an order may be because:
- the product is out of stock;
- we were unable to authorize your payment;
- because of unexpected limits on our resources which we could not reasonably plan for; or
- an error in the price or description of the product.
- We will assign an order number to your order. It will help us if you can tell us the order number whenever you contact us about your order.
- YOUR ORDER THROUGH OUR SOCIAL MEDIA PLATFORMS
- To place an order of products through our Facebook and Instagram account. You are required to provide the following details; First name, Last Name, Product name, quantity, email address, mobile number, payment method and delivery details. Order be processed once the details and payment has been confirmed and already reflect on F.Marie’s GCash account.
- If we are unable to accept your order, we will inform you through our social media platforms or reach out to you via phone call using the contact details that you have provided. But please take note that we are able to process your order during office hours.
- CHANGING YOUR ORDER
- Due to the fulfillment process, once your order has been located and payment processed, we will be unable to alternate the details of your order (which include transport address, product type or amount). This will not affect your legal right to exchange products that have later found damaged as provided in Republic Act 7934, otherwise known as the Consumer Act of the Philippines. If you have any questions, please touch our purchaser services group at firstname.lastname@example.org.
- If the products you ordered have already been collected for delivery from our warehouse, we are unable to cancel your order. For unwanted products, please contact email@example.com and if you would like to add products to an order, you will need to place a new order.
- OUR PRODUCTS
- All orders are subject to acceptance and availability, which may vary depending on the delivery destination.
- Every product purchased is sold subject to its product description. We will take all reasonable care to make sure that each one information, descriptions and costs of products performing on the website are accurate, however, we cannot assure the website’s accuracy.
- The images of the products on our website are for illustrative purposes only. Your product and its packaging may vary slightly from its advertised images on the website, as a result of your device’s display of colour.
- If you have any questions or complaints about any product, please contact our customer service team at firstname.lastname@example.org.
- The list of cities and municipalities that we presently deliver to can be displayed throughout the check-out system. Shipping lead instances will vary in line with destination and may be confirmed to you as soon as the product is shipped.
- The maximum delivery time will be confirmed to you in your order confirmation email through our ordering channels. If we do not meet this maximum delivery time, you are entitled to cancel your order by emailing us at email@example.com. We may contact you to offer an alternative solution to reimbursement and re-delivery of your products. In the absence of an agreement for an alternative, we will refund all amounts paid, including delivery fees, within 14 days after the date on which your order is terminated for non-delivery.
- It is your responsibility to provide us with complete and accurate delivery address information. We will not be liable if you supply us with incomplete or inaccurate information.
- Please note, if you choose to use any of our delivery partners’ personalized services (including but not limited to having your parcel delivered to a neighbor or left in a safe place). We shall not be held liable for any items that are lost, damaged or delayed.
- The costs of delivery will be as displayed to you on our website before you finalize your order, please check these carefully, you consent to this charge when you submit your order.
- When your product is shipped from our warehouse we will send you a dispatch confirmation email or reach you out via phone call for the confirmation of delivery. Please note that products may arrive in separate parcels and may require a signature.
- A product will be your responsibility from the time we deliver the product to the address you gave us. You own a product once we have received payment in full.
- CANCELLATION AND REFUND
- We shall uphold your rights in accordance with the Republic Act 7394, (Consumer Act of the Philippines, Chapter II)
- You may cancel any order placed prior to our dispatch of product(s) if you send an email to us within 2 hours upon placing an order. Please note F. Marie & Co is open from Mondays to Fridays, 8:00am to 6:00pm only.
- Cancellation requests sent before 3pm on weekdays will be processed the same day. Cancellations after this time and on non-working days will be processed the next working day. Our general warehouse hours of operation are 9:00am to 3:00pm. For more information, please contact us at firstname.lastname@example.org.
- We shall not accept the return of any product in respect of:
- the products that are made to your specification or personalized; or
- products that have been unsealed and/or used after you receive them
- All products returned should be sent back with the original packaging unless damaged or defective. Proof of purchase is required for all returns
- Refunds that are accepted by us will be processed and paid within 30 days, using the original payment details and method.
- In the unlikely event that you receive products that are damaged, faulty or not as described, you may cancel the order and receive a refund, or request a replacement.
- We will reimburse you (by the method used to pay for the original transaction) the cost of the products and standard delivery (if applicable). Any refund of the product is subject to our assessment of the product when received back by us.
- The refund will be made within 14 days from the date of delivery, or within a reasonable period of time of discovery if the defect /damage was not readily apparent. We may ask you to:
- Return the product to us; or
- Send a photo of the product as proof
- If the fault was not caused by your neglect or misuse, you may be entitled to a refund. How to? To exercise the right to cancel, you must inform us of your decision to cancel by a clear statement to our customer services team by emailing email@example.com, including details of:
- your name
- Delivery address
- details of the order you wish to cancel
- your phone number and/or
- email address
- We shall uphold your rights in accordance with the Republic Act 7394, (Consumer Act of the Philippines, Chapter II)
- DISCOUNT CODES
- You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.
- PRICE & PAYMENT
- The price of the product (which includes VAT) will be the price indicated on the email acknowledgement sent by us on completion of your order online. It is always that, despite our best efforts, some of the products we sell may be incorrectly priced online. If you notice a difference between the price on the email acknowledgement and the price displayed online, please contact us.
- Product prices shown on the website are in the Philippines or such other currency as we may offer from time to time and are inclusive of VAT. Product prices shown on the website may change from time to time.
- If you choose to pay using a payment card with a currency denominated account that is different from the currency of your order, additional charges and foreign exchange differences may apply.
- We accept payment with Visa, Mastercard, Gcash, Grabpay and COD.
- If you choose a direct payment gateway to complete your purchase, the Paymongo stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa and Mastercard. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
- Full payment is due upon order placement and you will be charged when you press the ‘Place Order and Pay’ button at the end of the checkout process.
- By placing your order and making an offer to buy a product, you authorize us and Paymongo to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports e.g. in order to authenticate your identity.
- PRODUCT RESTRICTIONS
- There can be instances wherein due to regulations (legal or otherwise) or practices with regards to a product, we’re prevented from being able to deliver it to you. We shall not be held liable when it comes to any product that we’re unable to promote or deliver to you as a result of such restrictions. In the event that a limit is enforced after you have placed your order with us, we can do our utmost to notify you as soon as reasonably practicable and you’ll have the ability to cancel your order for a full refund.
- LIMITATION OF LIABILITY
- If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
- We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
- Subject to 14.2, we will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses
- suffered or incurred by that party arising out of or in connection with the provisions of any matter under the terms.
- We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- While we will use reasonable endeavors to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
- We make no warranty that the website and our e-commerce store hosted by Shopify will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website.
- Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Although we will use all reasonable care, we provide no guarantee or warranty that any data or information processed on our behalf by Shopify will be secure.
- To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
- We reserve the right to suspend or withdraw the whole or any part of the website at any time without notice and without incurring any liability.
- You agree to fully indemnify, defend and hold us, our group members and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms by you, or any other liabilities arising out of your use of this website or any other person accessing the website using your personal information.
- DATA PROTECTION
- INTELLECTUAL PROPERTY
- You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors.
- You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
- THIRD PARTY LINKS
- As a convenience to our customers, the website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
- You must not establish any link to our website to suggest any form of association, approval or endorsement on our part where none exists. The website must not be framed on any other site, and you may not create a link to any part of the website other than the home page.
- If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sub-licensees the right to use the name that you submit in connection with such content, if we choose.
- You represent and warrant that the content and material of any review submitted is accurate and will not cause injury to any person or entity (and that the content or material is not defamatory or discriminatory in any way).
- DELAY AND EVENTS BEYOND OUR CONTROL
- We will not be responsible to you for any delay or failure to comply with our obligations under these terms and conditions if the delay or failure arises from any cause beyond our reasonable control. If our supply of the products is delayed by an event outside our control, then we will contact you to let you know. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- COMPLIANCE WITH LAWS
- The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.
- AGE RESTRICTIONS
- By using this site, you represent that you are at least the age of majority in your country or province of residence.
- If any part of the terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of the terms.
- No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
- ENTIRE AGREEMENT
- These terms form the entire basis of any agreement reached between you and us.
- LAW AND JURISDICTION
- These terms are governed by Philippine law and you can bring legal proceedings in respect of the products in your local courts. Notwithstanding this choice of law, if you are a consumer, you shall be entitled to the protection afforded to you by the mandatory law of the country of your residence.
- THIRD PARTIES
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- We reserve the right to change these terms and conditions from time to time but any changes will not apply to any orders placed prior to the change being made.
- ALTERNATIVE DISPUTE RESOLUTION
- Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use in your jurisdiction. Please contact us for this information. The ADR entity will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
We uphold and recognize your rights as a data subject under the provisions of the Data Privacy Act of 2012 and its Implementing Rules and Regulations, and are cognizant of our obligation to ensure that all pieces of personal data in our processing systems are secured and protected.
Information we collect
Upon creation of your account, information that may be collected from you may include your name, address, e-mail address, contact number, date of birth, gender, source of funds, occupation, company and position or rank.
How we use personal information submitted to us
We use your personal information to provide you the services and support that you require or in relation to the transactions you have requested. We will also use your personal information, particularly your contact details, for official correspondences. Your personal information also helps us modify, analyze and improve our products and services.
Sharing personal information
Subject to your express consent, the information we collect from you will be used, or shared with third parties (including related companies, third party service providers, and third party sellers), to compare information, and verify with third parties in order to ensure that the information is accurate; and to develop, improve or enhance our products and services.
Your express consent for disclosure may not be required when there are grounds to believe that the disclosure is necessary to prevent threats to life or health; for law enforcement purposes; or in fulfillment of legal and regulatory requirements and requests.
We do not engage in the business of selling users’ or account holders’ personal information to third parties.
When you visit our website, we may collect and process information about your website usage like your browser type, language preference, referring site, additional websites requested, the date and time of such request and Internet Protocol (IP) addresses using cookies and other similar technologies. You may visit allaboutcookies.org for more information.
How you can update your personal information
Pursuant to your rights as a data subject under the Data Privacy Act of 2012, you can update your personal data anytime by accessing your account with us. Sharing your updated information is subject to the conditions mentioned above.
How you can access your personal information
We also recognize that you have the right to gain reasonable access to your personal data. If you would like to view or access your personal data, please contact us. Please note that we may charge you administrative fee for retrieving your personal information records.
You undertake to treat your card details, personal identification number and other credentials with utmost confidentiality and not make it available to unauthorized third parties. We will not assume any liability arising from any misuse of any of your credentials.
How we secure your personal information
We guarantee that we handle your personal information adhering to established security standards and procedures. We ensure that access to personal information is restricted. We maintain technology products and systems to prevent unauthorized computer access. We securely dispose of or delete your personal information when there is no longer business or legal reason to keep the same.
What we require from you as a data subject
We require you to employ a strong and unique alpha-numeric password as the same will serve as your key to your account and as such, must only be known to you. Do not share your password with anyone. Sharing your password with others means that you take responsibility for all actions taken in the name of your account and the consequences thereof. Losing control of your password means losing substantial control over your personal data and other information that you have submitted to us. You could also be held liable for legally binding actions taken on your behalf. Thus, if your password has been compromised, or if you have grounds to believe that your password has been compromised, you should immediately contact us and change your password.
We also require you to log off of your account and delete your browsing and search history and cookies before you log out of a shared device or computer.
Availment of our products and services through this website is not intended for children, or those below eighteen (18) years of age or older but are incapable of taking care of themselves as defined under Philippine laws. If you are a child as defined earlier, you may use or avail of our services only with the involvement and consent of a parent or guardian.
Data Protection Officer
We have appointed our data protection officer for you to contact if you have any questions or concerns about our personal information policies or practices. You may get in touch with our data protection officer via email address firstname.lastname@example.org and landline number 8 404 05 98.