TERMS AND CONDITIONS
Circular Paradigm Fashions, Inc. (The Company) is a company organized and existing under the laws of the Philippines under SEC Company Registration No. CS201518039. It owns and operates “TOMS PHILIPPINES” boutiques and this online Website which distributes footwear and apparel. Its official website is www.toms.ph (“TOMS PHILIPPINES”).
DEFINITION OF TERMS
In these Terms and Conditions:
"Account" means the TOMS PHILIPPINES Account that you will need to register on our Website if you would like to submit an Order;
"Business Day" means a day from 9.00 a.m. to 6.00 p.m. excluding Saturdays, Sundays, special and legal holidays in the Philippines;
“Order Confirmation" means our email to you, in which we acknowledge your Order in accordance with clause 6.2 below;
"Contract" means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 6.2 below;
"Customer" means any individual who places an Order on the Website;
"Order" means the Order submitted by you to the Website to purchase a Product from us;"
“Website” means collectively TOMS PHILIPPINES’ Apps and Website, and any other websites or applications which we may own or operate from time to time, each of which shall be described as a “Website”;
"Website" means the TOMS Philippines website accessed at the following address at www.toms.ph;
"You" means the Customer or a guest;
References to "clauses" are to clauses of these Terms and Conditions;
Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
References to "includes" or "including" or like words or expressions shall mean without limitation.
WHO ARE ELIGIBLE TO ORDER
To place an Order with TOMS Philippines you must be at least eighteen (18) years of age. If you are under eighteen (18), you may place an Order with TOMS Philippines only through your parent or guardian.
Extracting data from this Website through any means and for any purpose shall be prohibited. You shall not commit any criminal offense, cause the transmission of a virus or post any other material on the Website which is malicious, offensive or obscene; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Website. You shall not alter or interfere with the functionality of the Website. Any breach of this provision would constitute an offense as Cyber Crime as defined under Republic Act No. 10175. In the event such breach occurs, Maui and Sons Philippines will report the breach to the concerned law enforcement agencies and file appropriate legal action against offenders.
ENTIRETY OF THE AGREEMENT
5.1 These Terms and Conditions shall apply to your use of the Website and all Orders and Contracts made or to be made by us for the sale and supply of Products. These Terms and Condition constitute the entire agreement between you and TOMS Philippines and supersede any and all preceding and contemporaneous agreements between us.
5.2 You acknowledge that by entering into this Contract, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms and Conditions, except as expressly stated in the Terms and Conditions.
TERMS OF SALE
(a) To place an Order, you must register with us by creating an Account on the Website. Only true and accurate information should be submitted to us. You must also update your information informing us of any changes, by using the relevant sections of the Website.
(b) Creating multiple user accounts is prohibited.
6.2 Formation of a Contract
(a) The information set out in the Terms and Conditions and the details contained on this Website do not constitute an offer for sale and no Contract in respect of any Products shall exist between you and us until we have shipped the Products to your address.
(b) To place an Order, please follow the shopping process on the Website. You will receive an Order Confirmation which will serve as an acknowledgement of your Order.
(c) An Order is only considered accepted by us upon your Order being shipped to the delivery address you provided.
(d) A Contract will relate only to those Products which we deliver to you. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times.
6.3 Price and Payment
We will exert best efforts to make sure that all details, descriptions and prices which appear on this Website are accurate. However, there may be instances where errors or mistakes may occur. If we discover an error in the price of any Products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled. If you cancel your Order before we have shipped it to you, and you have already paid for your Order, you will receive a full refund.
(a) Where applicable, prices are inclusive of VAT and are in Philippine Pesos. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.
(b) We are under no obligation to fulfill your Order if the price listed on the Website is incorrect (even after your Order has been acknowledged by us).
(c) You can pay using any of our payment partners listed on our Website or use the cash on delivery payment method. Similarly, you can pay all or part of the price of your Order using a E-Gift Card, E-purse or a promotional voucher, as may be available.
(d) E-gift Card and promotional vouchers must be entered at the check-out page online only. Maui and Sons Philippines stores will not accept vouchers and physical presentation of vouchers to Maui and Sons Philippines personnel will not be honored.
(e) To minimize the risk of unauthorized access, we encrypt your card data. Once we receive your Order, we will request pre-authorization on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorization check has been completed. Your card will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorization by card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
(f) Upon authorization of the payment, by clicking the “Order now” button you are confirming that the card belongs to you or that you are the legitimate holder of the e-gift card or the promotional voucher, and have sufficient funds or credit facilities to cover the cost of the Product.
6.4 Wrong Orders
If you discover that you have made an error or mistake with your Order after you have submitted it to the Website, you may contact us as soon as possible. We will try but will not guarantee to process your request for reordering. If we cannot process your reorder, we will just consider it cancelled.
6.5 Right to Refuse Order
TOMS Philippines reserves the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. While we will exert our best efforts to always process all Orders, there may be compelling and unavoidable circumstances when we may not be able to process an Order even after we have sent you an Order Confirmation. If this incident occurs, we reserve the right to cancel your Order, any time, at our sole discretion. If we cancel your Order and you have already made payment for your Order, we will refund the full amount you paid.
In no case should we be liable to you or anyone for withdrawing any Product from this Website or for withdrawing, removing or editing any materials or contents on this Website or for refusing to process or accept an Order.
7.1 We aim to deliver the Product to you at the place of delivery requested by you in your Order and the estimated delivery date indicated by us at the time of your order checkout (as updated in the Order Confirmation).
7.2 We may notify you if we foresee any inability to meet the estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
7.3 Upon delivery of the Product, you will be required to sign an Acknowledgment Receipt for the receipt of the Product. You may contact TOMS Philippines Customer Service via chat here. You shall be able to provide the documents delivered with the Product, upon request.
7.4 Please note that it might not be possible for us to deliver to some locations in which event, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
7.5 We deliver in our standard packaging.
7.6 All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract (for e.g. see 7.8 below), risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product. If you violate this section and any of the terms and conditions of the Website, we may ban from placing an order on TOMS Philippines Website in the future.
7.7 If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier.
7.8 If you unreasonably refuse to accept delivery or cause the collection of Product within seven (7) days from our first attempt to deliver the Product at the delivery address you provided or collect the Product from the carrier, we may exercise the following options, without prejudice to the rights available to us under the law:
(a) charge you for any fee and other costs reasonably incurred by us; or
(b) notify you of the cancellation of the Contract, and refund to you or your credit or debit card company as may be applicable any money already paid to us under the Contract, less reasonable administration charges including cost for attempting to deliver and then returning the Product to our warehouse, and any storage fees as provided for in clause 7.8 (a) above).
7.9 You acknowledge that the Products are standard and not customized to fit any particular requirements that you may have.
7.10 In event there exists a conflict of total cart size for free shipping entitlement, the value on our Website shall prevail.
- CANCELLATION BY CUSTOMER (NON-DEFECTIVE PRODUCT)
If you wish to cancel your Order, you may contact our Customer Service Team via chat here or send us an email at email@example.com. No cancellation fees shall be applicable. Once an Order has been packed it may not be cancelled and the item must instead be returned to the company according to guidelines provided by the Customer Service Team (Please call the above stated number or refer to your return-slip provided in your received parcel).
RETURNS AND REFUNDS POLICY
9.1 If you are not completely satisfied with your purchase, you may return the Product to us within thirty (30) days of receipt. The Product shall be unused, Product tags shall not be tampered with, and the Product shall be in the original brand packaging (if applicable). This policy is applicable only to those products which do not fall under the list of non-refundable brands/items provided on our Website.
9.2 All items must be received by TOMS Philippines in order for a customer to be eligible for a refund or replacement. You shall ensure that the Product is sent to us in the same condition as it was when received by you and is packaged properly. In the event that an item is returned to us in an unsuitable condition, we reserve the right not to accept returns and send the Product back to you.
9.3 We do not honor any walk-in returns.
9.4 Your returned Products together with your return slip are usually received and accepted at our warehouse within five (5) working days after drop off. Our Quality Check team will take up to two (2) working days to process your return. A refund shall be issued shortly after we receive your items, according to the preferred refund method indicated on your return slip.
9.5 Your returned Products are usually received and accepted at our warehouse within a set number of days after the return drop off or pick up. Returns handling time will vary depending on your return method and courier of choice. Please see our Exchanges & Returns for more details. We will refund you via credit voucher which you may use to purchase other items at toms.ph
10.1 All Product descriptions, information and materials posted on this Website are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising.
10.2 Product image as seen on the Website may slightly differ from the actual Product that you receive.
10.3 If the item you receive is defective, please contact our Customer Service Team and provide your Order number, your name and address, details of the Product and the reason for return, and whether you require a refund or a replacement.
10.4 Upon receipt of the Products, we will examine it and we will advise you on the status of the replacement or refund (if any) via email as soon as practicable.
10.5 TOMS Philippines may at its discretion refuse to process a replacement/exchange order. However, it may offer a refund as a substitute remedy subject to clause 9.
10.6 In the event the Product returned is not defective, we may at our discretion decide not to replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
11.1 You may use promotional vouchers and e-gift cards while making payment for Products on the Website. Specific details for promotional vouchers and e-gift cards are listed below.
11.2 To redeem vouchers in your Account or check an existing credit, please visit "My User Account" on the Website. Subject to clause 14.1, we accept no liability for errors in the email address of the voucher recipient.
11.3 Promotional vouchers must be entered at the check-out page online only. Physical presentation of vouchers to TOMS Philippines personnel/Delivery staff will not be accepted.
11.4 In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with an e-gift card purchase or redemption of that voucher on the Website, we are entitled to close your Account and/or require a different means of payment.
11.5 We assume no liability for the loss, theft or illegibility of gift or promotional vouchers.
11.6 In rare cases, TOMS Philippines may at its sole discretion discontinue or cancel any voucher previously issued and will not be responsible for any losses arising therefrom.
11.7 Conditions for the redemption of promotional vouchers:
From time to time, we may distribute promotional vouchers that may be used only on the Website, which we will send to you either by email or post:
(a) Promotional vouchers are valid for the specified period stated on the voucher, can only be redeemed once and may not be used in conjunction with other promotional vouchers and discounted items. We may exclude individual brands from voucher promotions in accordance with our sales strategies.
(b) You may redeem only ONE voucher per promotional campaign. TOMS Philippines reserves the right to cancel any subsequent orders made by you using a voucher of the same promotional campaign.
(c) If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
(d) The credit of a promotional voucher does not accrue interest, nor does it have a cash value.
(e) If the credit of a promotional voucher is insufficient for the Order you wish to place, you may make up the difference using one of our accepted payment methods.
DISCLAIMER OF LIABILITY
12.1 The content displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, TOMS Philippines and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
12.2 Nothing in these Terms and Conditions shall exclude or limit TOMS Philippines’ liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
12.3 Subject to applicable law, including with respect to liability for personal injury or non-waivable statutory rights under the law, in no event shall TOMS Philippines or its officers, directors, employees, shareholders, or agents (a) be liable to the User with respect to the use of the Website or its site, including without limitation any damages caused by or resulting from the reliance by a User on any information obtained from TOMS Philippines or any damages that result from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission or any failure or performance, whether or not resulting from acts of God, communication failures, theft, or unauthorized access to TOMS Philippines’ records, programs or services, and (b) be liable to the USER for any indirect, special, incidental, consequential, punitive or exemplary damages, including without limitation, damages for loss or good will, lost profit, loss, theft, or corruption of User Information, or the inability to the Website or any of their features. The User’s Sole Remedy is to cease use of the Website or the site.
TOMS Philippines is dedicated to making the best effort to deliver the Products. Under extreme circumstances, it may not be able to do so. You acknowledge that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties or title, non-infringement, merchantability and fitness for a particular purpose as well as any warranties implied by a course or performance, course of dealing, or usage of trade.
We do not guarantee that (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) the Services will be free of viruses or other harmful materials; (d) the results of using the Services will meet your expectations. You use the Services solely at your own risk.
You agree to indemnify, defend, hold harmless TOMS Philippines, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Website or your breach of the Terms and Conditions.
GUARANTEE AND COMPLAINTS MANAGEMENT
15.1 TOMS Philippines shall perform its obligations under these Terms and Conditions with reasonable skills and care.
15.2 We place great value on our customer satisfaction. You may contact us at any time using the contact details given in clause 6.4 of these Terms and Conditions. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant inquiry or complaint. In guarantee cases, the manufacturer or supplier must generally be involved, and as such it may take longer to resolve such an inquiry or complaint.
15.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Order number that was assigned to you in the Order Confirmation. In rare cases, your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. If you did not receive any response from us within five (5) Business Days, please make further inquiries.
PERSONAL DATA PROTECTION
- CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)
17.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation:
(a) Strikes, lock-outs or other industrial action
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks
(f) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
16.2 In the circumstance that the Force Majeure event lasts for more than one week, either you or we may terminate the Contract forthwith by written notice and without any liability other than a refund of a Product already paid for by you and not delivered.
16.3 If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion which Contracts we will perform and to what extent.
16.4 We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.
Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.
(a) Notices given by post shall be deemed to have been served with two (2) Business Days of being posted to the recipient’s address within Philippines.
(b) Any notice given by email shall be deemed to have been served within two (2) Business Days of the email being sent.
In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
INTELLECTUAL PROPERTY RIGHTS
18.1 All content included in or made available through our Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of TOMS Philippines or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by TOMS Philippines, the brands it distributes on this Website and their licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
18.2 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Website are trademarks of TOMS in the Philippines. TOMS Philippines' trademarks may not be used in connection with any product or service that is not provided by TOMS Philippines, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TOMS Philippines. All other trademarks not owned by TOMS Philippines that appear on the Website are the property of their respective owners.
18.3 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
18.4 You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. In the event TOMS Philippines becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
18.5 If you print, copy or download any part of our Website in breach of these Terms and Conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by TOMS Philippines or its licensors.
LINKS ON THE SITE
We shall use our reasonable endeavors to comply with any relevant regulations relating to the Site as may be required by the Department of Trade and Industry or relevant government agencies in the Philippines.
19.1 You may link to our home page, provided you do so in a way that is legal and is not likely to damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
19.2 You must not establish a link from any Website that is not owned by you.
19.3 This Website must not be framed on any other Website, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
You shall not assign, transfer, novate, charge, sub-Contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
THIRD PARTY RIGHTS
No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
These Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the Philippine laws. Both we and you hereby agree to submit to the non-exclusive jurisdiction of the Philippine Courts.
We reserve the right to amend these Terms and Conditions and our policies at any time at its sole discretion without prior notice. All amendments to these Terms and Conditions, including our policies will be posted on our Website and be effective immediately. Your continued use of the Website constitutes acceptance of the amended Terms and Conditions.