Terms and Conditions

Also known as Terms of Use and Terms of Service.

Updated as of 24 September 2020

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

By using our Service, you acknowledge that you have read, understood and agree to be bound by said Terms and Conditions. Please read them carefully. If you do not agree with said Terms and Conditions, please do not access or use the Service.

The Service is an e-commerce website owned and operated by Dan & Liz whereby goods and products (“Goods”) are offered for sale to its Users. Dan & Liz shall facilitate the payment and provide the relevant services required to fulfill the orders of the Users.


Modified Terms

We may modify or amend the terms and conditions as we deem necessary from time to time. Please check back periodically to review said changes. Your continued use of the Service following such modifications shall signify your acceptance of the modified Terms and Conditions. If you do not agree with such modified Terms, you may 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 us.

Access to and use of password protected and/or secure areas of the Site and/or use of the Service is restricted to Users with accounts. You 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 us for your specific use.

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

  2. You are required to provide information about yourself that is true, accurate, current and complete. If you furnish information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete) or if Dan & Liz suspects that such information is untrue, inaccurate, not current, or incomplete), Dan & Liz reserves the right to suspend or terminate your membership.

  3. If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms and Conditions and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of the Service or purchase of Products; and (iii) your acceptance and compliance with these Terms and Conditions. If you do not have consent from your parent(s) or legal guardian(s), you may not access or use the Service.

  4. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. You are solely responsible for all activities that occur under your account. You agree to notify Dan & Liz immediately of any unauthorized use of your account or breach of security.

  5. You shall not use your Dan & Liz membership for any purpose competitive to Dan & Liz. 

 Shopping 
  1. We operate on a first-come, first-served basis policy. Therefore, items which are in stock may currently appear in your Cart, but these can be purchased by another customer who was first able to complete the check-out and payment procedures. However, any stock from cancelled orders go back to the Site the next day and may be purchased by you or any other customer subject to the completion of our check-out and payment procedures.

  2. Once your order has been placed, you will receive a Quotation email. Your receipt of a Quotation email does not mean Dan & Liz’s acceptance of your order. We are simply acknowledging that we have received your order.

  3. Once the checkout process is initiated, you will be given a choice of payment methods. You will be given a set time to pay for your order depending on your chosen payment channel.


    Payment instructions may be sent to you by our payment partner through the email or mobile number that you provide.


    100% of the cost quotation must be paid to confirm your order. Upon receipt of payment, our payment partner will validate your order within 24 hours, upon which you will receive an invoice via email. 


    When validation is confirmed, your order will be picked from our inventory, items will be packed, and then prepared for delivery or pick up. 


    You will then receive an email and account update confirming that your order is ready.

  4. The contract between Dan & Liz and you shall be deemed perfected upon the completion of the packing of the order. You may cancel said order before the completion of its packing, otherwise the contract of sale shall be deemed perfected as between the parties.

  5. Dan & Liz, in its sole discretion, may choose to accept or decline your order for any reason. This may happen, for example, when the item you wish to purchase is out of stock or has been damaged; we suspect the request is fraudulent or in any other circumstance Dan & Liz deems appropriate. For orders that were not processed or canceled, Dan & Liz will either not charge you, or refund you 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 you with accurate information on products we offer on the web site. Dan & Liz does not guarantee, however, that the information is error-free, current, complete or reliable.

  7. Inventory levels fluctuate from day-to-day. In rare cases, you may have been able to place an order online for a product portrayed as having stock, but once we attempt to process and find out that the product is sold out. In cases like these, we will email you with a request for action to replace or refund the items that are sold out.

  8. We try to display the colors of products as accurately as possible on the web site. We cannot guarantee, however, that your computer monitor’s display of colors will be true to life.

  9. When the goods have been dispatched for delivery, we shall send you an email confirming such dispatch.

Pricing

All prices posted on the web site are inclusive of government-imposed taxes. Dan & Liz tries to advertise the most accurate and up-to-date pricing information on the products offered on the website. We cannot, however, warrant against pricing error. If you have placed an order for a product whose price was posted incorrectly, we will either not process or cancel your order. Should this happen, we will notify you 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 we understand that you might have changed your mind, we 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 (defects and damages is communicated in the description of the item).

  3. Products that are defective, damaged, or expired can be refunded, returned, or exchanged within only 7 days for non-perishable items, and within 24 hours for perishable items upon receipt of your order. Outside this timeline, the product could have already been exposed to factors beyond our control which could have contributed to the damage/defect. This does not apply to sale items.

  4. Products that are defective, damaged, or expired should be in their original purchase condition, must be unused, and still in its original packaging accompanied by original Dan & Liz sale invoice. 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 our 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 web site (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. You agree 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 may result in civil and/or criminal penalties.

 Service Rules
  1. You agree 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. You agree not to probe, scan or test the vulnerability of the web site or any network connected to the site, nor breach the security or authentication measures on the web site or any network connected to the web site.

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

  4. You agree not to engage in decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Service.

  5. You agree 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 you purchase through the Service are delivered on an “as-is,” “as available,” and “with all faults” basis.

To the fullest extent permitted by applicable law, we 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

You agree 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) your use and access of the Service; 

(2) any product you purchase from the Service; 

(3) your violation of any term in this Agreement; 

(4) your violation of any third-party right, including without limitation any right of privacy or intellectual property right; or

(5) fraud you commit, or your 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 the Agreement, 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 you use or access the Service or send emails to Dan & Liz, you are communicating with Dan & Liz electronically. You consent to receive electronically any communications related to your use of the Service. Dan & Liz will communicate with you by email or by providing notifications on the web site. You agree 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 you provide on Dan & Liz.

 Entire Agreement and Severability

These Terms and Conditions shall constitute the entire Agreement between you 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.

Governing Law

This Agreement shall be governed by the laws of the Republic of Philippines. Any litigation arising from these Terms and Conditions shall be litigated before the proper court having jurisdiction in Quezon City, NCR, Philippines.