Terms and Conditions

Also known as Terms of Use and Terms of Service.

Updated as of 4 February 2021

Thank you for accessing our website and availing of our online services (“Service”). The following Terms and Conditions shall constitute an Agreement between Dan & Liz General Merchandise (“Dan & Liz”) and You (the “User”).

By using the Service, the User acknowledges and agrees to be bound by the Terms and Conditions. Please read them carefully. If the User does not agree with the Terms and Conditions, please do not access or use the Service.

The Service is owned and operated by Dan & Liz whereby goods and products ("Goods") are offered for sale to its User/s. Dan & Liz uses third party payment solutions (DragonPay and PayPal) in facilitating the payment and providing the relevant services required to fulfill the orders of the Users.


Modified Terms

We may modify or amend the Terms and Conditions as deemed necessary. Please check back periodically to review said changes. The continued use of the Service following the modifications shall signify the User's acceptance of the modified Terms and Conditions. If you the User does not agree with the modified Terms and Conditions, do not access or use the Service. 

Eligibility

The Service uses cookies to personalize and facilitate maximum navigation of the User. The User may configure his/her browser to notify and reject the installation of the cookies sent by Dan & Liz.

Access to and use of password protected and/or secure areas of the Service is restricted to User/s with accounts. The User may not obtain or attempt to obtain unauthorized access to such parts of the Service, or to any other protected information, through any means not intentionally made available by Dan & Liz for the User's specific use.

 Membership
  1. To gain access to some features and portions of the Service, the User will need to register as a member. Registering as a member requires the User to expressly signify the acceptance of the Terms and Conditions.

  2. The User is required to provide information about himself/herself that is true, accurate, current and complete. If the User furnishes information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete) and found by Dan & Liz to be untrue, inaccurate, not current, or incomplete, Dan & Liz reserves the right to suspend or terminate the membership. 

  3. By creating an account, the User guarantees that he/she is 18 years old or above, with the following responsibilities (i) any charges associated with the use of the Service or purchase of Products; and (ii) the acceptance and compliance with these Terms and Conditions.

  4. The User is responsible for maintaining the confidentiality of his/her account and password. The User is solely responsible for all activities that occur under his/her account. The User agrees to notify Dan & Liz immediately of any unauthorized use of his/her account or breach of security. Dan & Liz guarantees the confidentiality of the accounts under pertinent laws applicable.

  5. The User shall not use his/her Dan & Liz membership for any purpose competitive to Dan & Liz. 

 Shopping 
  1. The Service operates on a first-come, first-served basis policy. Items which are in stock may currently appear in the User's cart, but can be purchased by another customer who will be able to complete the checkout and payment procedures first. Any stock from cancelled orders go back to the Site the next day and may be purchased by any other customer subject to the completion of the checkout and payment procedures.

  2. Once the order has been placed, the User will receive an Order Acknowledgement email. The receipt of the Order Acknowledgement email does not mean Dan & Liz’s acceptance of your order. Dan & Liz is simply acknowledging the receipt of the order.

  3. Upon checkout, the User will choose the method of payment. The User is given a period of time to pay the order depending on the chosen method of payment. Payment instructions will be sent to the User depending on the chosen method of payment through email or mobile number that the User provided, as applicable. 100% of the cost quotation and applicable transaction fees must be paid to confirm the order. Upon receipt of payment, the payment partner, depending on the chosen method will validate the payment within 24 hours after which the User will receive an invoice via email. The User should be reminded that the order cannot be modified upon checkout and cannot be canceled once payment is confirmed. 

  4. The User will be notified that the order is ready through an account update and a system generated message that will be sent via email within 1 to 3 business days.

  5. Dan & Liz, in its discretion, may choose to accept or decline the User's order. It may happen, among others, when the item the User wishes to purchase is out of stock or has been damaged; Dan & Liz suspects the request is fraudulent or in any other circumstance that Dan & Liz deems appropriate. For orders that were not processed or canceled, Dan & Liz will either not charge or refund the User the total billed amount. The preceding actions shall be applied to the rightful person(s) in cases of fraud.

  6. Dan & Liz takes extra measures to provide the User with accurate information on products  offered on the website. Dan & Liz does not guarantee, however, that the information is error-free, current, complete or reliable.

  7. Dan & Liz displays the colors of products as accurately as possible in the website. Dan & Liz cannot guarantee, however, that the User's computer monitor's display of colors will be true to life.

  8. All orders shall be picked up from the store. Unclaimed orders beyond 7 days from receipt of email, shall be charged a storage fee of P20.00 per day. All orders unclaimed beyond 30 days from receipt of email, shall be disposed accordingly.

Pricing

All prices posted in the website are inclusive of government-imposed taxes. Dan & Liz advertises as accurate as possible and up-to-date pricing information of the products offered in the website. Dan & Liz cannot, however, warrant against pricing error. If the User placed an order for a product whose price was posted incorrectly, Dan & Liz will either not process or cancel the order and notify the User via email.

 Returns, Refunds, & Exchanges

Returns, refunds, and exchanges are subject to the following conditions:

  1. Products valid for returns, refunds, or exchanges are only those received with defect or damage. While Dan & Liz understands that the User might have changed his/her mind, Dan & Liz won't be able to take back these items due to strict hygiene standards and merchant limitations.

  2. Sale items are also non-refundable and non-returnable unless defective or damaged.

  3. Products that are defective, damaged, or expired can be refunded, returned, or exchanged within 7 days for non-perishable items, 24 hours to 3 days for perishable items upon receipt of the order. Outside this timeline, the product could have already been exposed to factors beyond Dan & Liz's control which could have contributed to the damage/defect. This does not apply to sale items. See the list of perishable items that fall under the 24 hour timeline here.

  4. Products should be in their original purchase condition, must be unused, and still in its original packaging. Perishable items to be returned should at least be 75% intact.

  5. Defective items that are part of a set must be returned as a complete set.

  6. Non-perishable merchandise must be returned complete with original packaging, manual, and factory sales intact.

If you received a damaged, expired, or defective item, please email us at [email protected] with a photo of the item and your invoice so our team can help you out.

Promotions

Dan & Liz holds promotions, rewards programs, and other incentivizing mechanisms, as we see fit. These promotions are not held on a regular or permanent basis, and are not always made available for all Users to participate in. Dan & Liz reserves the right to modify or terminate the promotions at any time.

 Intellectual Property Rights

The Service and every material and proprietary information therein, including but not limited to, software, designs, images, photographs, text, graphics, illustrations, logos, patents, copyrights, trademarks, service marks, audio, video, music and all other intellectual property rights related thereto, including all code in the website (collectively “Dan & Liz Content”), is the exclusive property of Dan & Liz or used with express permission of the intellectual property owners. Use of Dan & Liz Content for any purpose not expressly permitted by this Agreement is strictly prohibited. The User agrees not to reproduce, distribute, sell, license, rent, modify, transmit, publish, adapt, edit or create derivative works from Dan & Liz Content and all materials accessible on the Service. Violation of this policy shall result in civil and/or criminal liabilities.

 Service Rules
  1. The User agrees not to use any “deep-link,” “page-scrape,” “robots,” “spiders,” “offline readers,” or any other automated system, program, algorithm or methodology, or any similar or equivalent manual process, to access the Service in a manner that sends more request messages to Dan & Liz servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.

  2. The User agrees not to probe, scan or test the vulnerability of the website or any network connected to the site, nor breach the security or authentication measures on the website or any network connected to the website.

  3. The User agrees not to attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the Dan & Liz servers.

  4. The User agrees not to engage in decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Service.

  5. The User agrees not to take action that imposes an unreasonable or disproportionately large load on our infrastructure.

Disclaimer of Warranty

The Service, Dan & Liz Content, and any product the User purchases through the Service are on an “as-is,” “as available,” and “with all faults” basis.

To the fullest extent permitted by applicable law, Dan & Liz disclaim any and all warranties of any kind, whether express or implied, including but not limited to, implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement.

Dan & Liz does not warrant the Service will be uninterrupted, secure or error-free, that any defects will be corrected, or that the Service or the servers that make the site available will always be free of viruses or other harmful components.

 Indemnity

The User agrees to indemnify and hold harmless Dan & Liz, its affiliates, officers, directors, employees, agents, suppliers, from and against any and all fines, penalties, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ and experts’ fees) arising out of:

(1) the User's use and access of the Service; 

(2) any product that the User purchase from the Service; 

(3) the User's violation of any term in this Terms and Conditions; 

(4) the User's violation of any third-party right, including without limitation any right of privacy or intellectual property right; or

(5) fraud the User commits, or User's intentional misconduct or gross negligence.

 Force Majeure

No party shall be liable for any breach of contract or failure of performance under the Agreement by reason of any delay in performing or any failure to perform any obligations if such delay or failure is due to any event or cause beyond reasonable control ("Force Majeure"). Without prejudice to the foregoing, the following events shall be regarded as events of Force Majeure:

(1) Act of God, explosion, flood, tempest, fire, earthquake or other such calamities;

(2) War or threat of war, sabotage, insurrection, civil disturbance or requisition, act of terrorism or civil unrest;

(3) Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

(4) Import or export regulations or embargoes;

(5) Interruption of traffic, strikes, lockouts or other industrial actions or trade disputes (whether involving employees of Dan & Liz or those of a third party);

(6) Health epidemics declared by the Department of Health or the World Health Organization;

(7) Interruption of production or operation, difficulties in obtaining raw materials, labor, fuel parts or machinery; and

(8) Power failure or breakdown in machinery.

Dispute Settlement

Any dispute arising from or relating to this Terms and Conditions, including any question regarding its existence, validity, or termination, shall be settled by arbitration in Quezon City, NCR, Philippines using the English language. The arbitrator shall be chosen by the concerned parties. Any arbitration award shall be final and binding upon the parties and may be enforced by the judgment of a competent court having jurisdiction.

 Electronic Communication

When the User uses or access the Service or send emails to Dan & Liz, the User is communicating with Dan & Liz electronically. The User consents to receive electronically any communications related to your use of the Service. Dan & Liz will communicate by email or by providing notifications on the website. The User agrees that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Dan & Liz intended for receipt by a customer shall be deemed delivered and effective when sent to the email address the User provides on Dan & Liz.

 Agreement and Severability

These Terms and Conditions shall constitute the entire Agreement between the User and Dan & Liz concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.