TERMS OF SERVICE
This website is operated by Merrell Philippines. Throughout the site, the terms “we”, “us” and “our” refer to Merrell Philippines. Merrell Philippines 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 the Terms of Service carefully before accessing or using our website or placing any orders. We recommend that you keep a copy of the Terms of Service for future reference, subject to any changes or updates.
By visiting our site and/ or purchasing from us, you engage our “service” and agree to be bound by the Terms and Conditions hereof, including the additional Terms and Conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation to browsers, vendors, customers, merchants, and/ or contributors of content.
If you do not agree to all the Terms and Conditions hereof, do not access or use the website. If these Terms of Service are considered an offer, acceptance is expressly limited to the terms hereof.
Any new features or tools which are added to the current store shall also be subject to these Terms of Service. You may review the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify, add, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. It provides us with an online e-commerce platform that allows us to sell our products and services to you.
Section 1 - Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least 18 years old age or the age of legal majority who can enter into a legally binding agreement.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, any code of a destructive nature, bombs, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the website or information or that infringes the intellectual property rights of another.
A breach or violation of any of the terms will result in an immediate termination of your services without prejudice to any claim for damages or expenses that may be due to us.
Section 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.
Section 3 - Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely.
Sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 - Modifications to the Service and Prices
Prices for our products are subject to change without notice.
Prices shown on the site are in Php (Philippine Pesos) 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.
We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the service.
Section 5 - Products or Services
All orders are subject to acceptance and availability.
Please note that items in your shopping basket/cart are not reserved and may be purchased by other customers.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return and exchange only according to our Return & Exchange policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected
Once you have made your choice and your order has been placed, you will receive an email or SMS acknowledging the details of your order. This email or SMS 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 Merrell Philippines will be completed when we email or send you SMS to confirm the goods have been fulfilled and ready for dispatch. 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 Service.
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 because we withdrew 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.
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 us and transfer of responsibility in the same way.
Please note that we aim to dispatch all orders within 3-5working days in metro manila. For provincial stores, dispatch of order will take more than 5 working days. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. We are not responsible for any delays caused by destination customs clearance processes or local government policies.
You can check the current status of your order via the official app of our courier partners.
We will store a record of your transactions for a minimum of one year.
Section 6 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
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.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.
Payment may be made by VISA, 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 confirmation of your order by us. 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 cardholders are subject to validation checks and authorization by the
Card issuer. If the issuer of your payment card refuses to authorize payment to us, 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 PayMongo.
To help ensure that your shopping experience is safe, simple, and secure, we use 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.
Section 7 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 - Third-Party Links
Certain content, products, and services available via our service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 - User Comments, Feedback, and Other Submissions
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 10 - Personal Information
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.
By making an offer to purchase merchandise, you expressly authorize us to perform credit checks and, where we feel 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 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.
Section 11 - Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.
Section 12 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national or local laws, rules, regulations, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
Section 13 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
If notwithstanding the other provisions of this Terms of Service, you are found entitled to damages or losses, which arise out of or in connection with your use of this site, our liability shall in no way exceed the payment on the last transaction made before the date of the claim, less taxes, and other fees payable to third parties.
The limitation of liability herein shall be at the maximum extent permitted by law. Your statutory rights as a consumer that cannot be waived are not affected by this provision.
Section 14 – Indemnification
You agree to indemnify us, defend and hold us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.
Section 15 – Severability
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts
Due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
Section 17 - Entire Agreement
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Section 18 - No Waiver
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Section 19 - Interpretation
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 20 - Governing Law
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Philippines.
Section 21 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 22 - Contact Information
Questions about the Terms of Service should be sent to us via the contact us link.