Terms of Use
The following terms and conditions of use agreement (hereafter “terms”) governs your use of our website (hereafter “website”). It is vitally important that you read the terms carefully, as your use of the web site will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. These terms also govern your use or purchase of the products/services provided through or in connection with the website (hereafter “services”). Each time you use our services, you acknowledge that you have read these terms and agree to be legally bound by them. If you do not agree to be bound by these terms, you may not use the website(s) or the services provided by company through its website(s). This website is owned by Chemworld Marketing Corporation (hereafter “company”), a company registered in Makati City, Philippines, whose registered office is at Unit 404, Executive Building Center, 369 Sen Gil Puyat Avenue, Makati City, 1208 Philippines. The following words used in these terms shall have the following meanings:
- “Personal information” shall mean all data and/or information provided by and about user, including e-mail address (es), name, address, credit card, or other payment information, etc.
- “Company website” shall mean all websites on which company provides products and/or services.
- “Company user” shall mean all users of the company website(s) and services.
- “Company products and services” shall mean all products and/or services provided directly by company;
- “3rd–parties” include all advertisers, partners and affiliate vendors that are included on, or linked to, the company website(s).
ORDERING GOODS FROM US
These terms of sale apply to all goods and services supplied by Chemworld Marketing Corporation via https://fragrancefactory.ph. The website is governed by the following terms and conditions; they do not affect your statutory rights.
DESCRIPTION AND PRICE OF GOODS
We have taken care to describe and show items as accurately as possible. Despite this, slight variations in items may occur. We provide you with product information on https://fragrancefactory.ph. If there is anything which you do not understand, or if you wish to obtain further information, please contact our customer services team: hello@fragrancefactory.ph Product images are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. Our products may vary slightly from those images. We make every effort to ensure that the pricing displayed on our website is correct. however, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). We reserve the right to alter all product pricing without prior notice. All prices include VAT (where applicable) at the current rates. Where we charge separately for packing, carriage, and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.
PLACING AN ORDER
You are deemed to have placed an order with us by ordering via our online checkout process. As part of our checkout process, you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered. The contract is subject to your right of cancellation (see below). Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). Our acceptance of an order takes place when we dispatch the order or send you confirmation by email even if your payment has been processed immediately. We may refuse at our discretion to accept an order: (a) where we cannot obtain authorization for your payment (b) if there has been a pricing or product description error (c) if you do not meet any eligibility criteria set out in our terms and conditions (d) where goods ordered by you are not available (e) if we do not deliver to your area Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible. But in any event within 30 days of your order, we will not be obliged to pay any additional amount as compensation for disappointment.
PAYMENT
Payment can be made by any of the options advertised on our website. If payment fails, either through Dragonpay or Cash on Delivery via NinjaVan, your order will be cancelled. There will be no delivery until clear funds have been received. Payment Online: Our secure server software encrypts all your payment and personal details. The process scrambles all the information, allowing no unauthorized third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the website. To ensure that your personal information is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions, you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered credit reference agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Privacy Act 2012. During security checks we may ask for additional information or documentation to help support the data you supplied. Please be aware that we reserve the right to not ship to unconfirmed addresses.
CONSUMER RIGHT OF RETURN AND REFUND
This clause only applies if you are a consumer. If you are a consumer, you have the legal right to cancel your order if the goods received are in any way damaged.
RIGHT TO CANCEL
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post to Chemworld Marketing Corporation, Unit 404, Executive Building Center, 369 Sen Gil Puyat Avenue, Makati City, 1208 Philippines or e-mail to hello@fragrancefactory.ph). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period of (3) days has expired.
EFFECTS OF CANCELLATION
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you, this includes opening the sealed packaging of the products. If the goods are in a resaleable condition, we will make the reimbursement without undue delay, and not later than: (a) 7 days after the day we receive back from you any goods supplied, or (b) (if earlier) 3 days after the day you provide evidence that you have returned the goods, or (c) if there were no goods supplied, 3 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise in any event. You will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If the consumer has received goods in connection with the contract you shall send back the goods or hand them over to us at the following address: Chemworld Factory Outlet, – 297 Quezon St., Lower Bicutan, Taguig, Metro Manila, Metro Manila 1632. If this is done without undue delay and in any event not later than 7 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 7 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
DELIVERY
We will deliver goods ordered by you as soon as possible to the address you give for delivery. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address or through email, of the problem within 3 working days of the delivery of the goods in question. We shall deliver the goods to you within 7 days (‘the long delivery date”) of the date on which you ordered them. If we do not deliver the goods by the delivery date then the sale is cancelled and we shall return all monies paid by you to us under the contract of sale but, notwithstanding, Chemworld Marketing Corporation shall have no liability to you for the return of monies or otherwise unless you notify us in writing at our contact address or through email of the non-delivery within 3 days from the long delivery date.
TITLE FOR CONSUMERS
Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
FAULTY OR DAMAGED PRODUCT
Please note that any products returned to us which you claim to be defective will be checked and verified by our branch staff. Any returned products that are not found to be defective will be returned to you and we shall charge you for the returned transport costs via your original payment method or hold the product until full payment has been received by us for the return transport costs. If you notify us of a problem to us under this condition, our only obligation will be, at your option (a) to make good any shortage or non-delivery; (b) to replace or repair any goods that are damaged or defective; or (c) to refund to you the amount paid by you for the goods in question in whatever way we choose. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as above.
LIMITATION OF LIABILITY
The company will not be liable to you for any loss or damage in circumstances where: (a) there is no breach of a legal duty owed to you by the supplier or by its employees or agents; (b) such loss or damage is not a reasonably foreseeable result of any such breach; (c) any increase in loss or damage resulting from breach by you of any term of this contract. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
LICENSE AND COPYRIGHT
The company website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire content of the website is copyrighted. The company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or these terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the expressed written permission of company and the copyright owner. Elements of the website are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors. You are permitted to print and download extracts from this website for your own private use on the following basis: (a) no documents or related graphics on this website are modified in any way; (b) no graphics on this website are used separately from accompanying text; and (c) any of our copyright and trade mark notices and this permission notice appear in all copies.
COPYRIGHT INFRINGEMENT
In accordance withPhilippines and international law, any notifications of claimed copyright infringement should be sent to us immediately. such notification can be sent by email, to hello@fragrancefactory.ph or by letter to: Chemworld Marketing Corporation, Unit 404, Executive Building Center, 369 Sen Gil Puyat Avenue, Makati City, 1208 Philippines. Any rights not expressly granted in these terms are reserved.
REGISTRATION
To register with https://fragrancefactory.ph, user must complete the registration process by providing company with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. Each registration is for a single user only, whether or not acting on behalf of a company or other organisation. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately. User is entirely responsible for maintaining the confidentiality of any password and account information. Furthermore, user is entirely responsible for any and all activities that occur under its account. User agrees to notify company immediately of any unauthorized use of their account or any other breach of security. Company will not be liable for any loss that may incur as a result of someone else using user’s password or account, either with or without their knowledge. However, user could be held liable for losses incurred by company or another party due to someone else using their account or password. We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions. We may deny access to any user, at any time, and for any reason. In addition, company may, at any time, transfer rights and obligations under these terms to any current or future company subsidiary or business unit, or any companies or divisions or any entity that acquires company or any of its assets.
DISCLAIMER
While the company uses reasonable efforts to include accurate and up-to-date information, the company specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all company websites, either now operating or created in the future. The company disclaims any responsibility or liability for the deletion, Failure to store, missed delivery, or untimely delivery of any information or material. The company disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the internet through the company website. The company does not make any warranties or representations regarding any data, service and/or information provided or made available by any user on any of the company websites or on any external websites linked to them. In particular, the company does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfills or serves any particular purpose. Without limiting the foregoing, under no circumstances shall the company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or airconditioning. Company websites and all materials, information, products and services included in the company websites, are provided “as is,” with no warranties expressed or implied. The company expressly disclaims, to the fullest extent permitted by law, all expressed, implied and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. The company disclaims any warranties regarding the security, reliability, timeliness and performance of the company websites, company disclaims, any warranties for any information or advice obtained through the company websites. The company disclaims any warranties for services or products received through or advertised on the company websites or received through any links provided by the company websites as well as for any information or advice received through any links or any user contributions provided to the company websites. The user understands and agrees that they download or otherwise obtain material or data through the use of the company websites at their own discretion and risk and that they will be solely responsible for any damages to their computer system or loss of data that results from the download of such material or data. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply in all cases. The user may also have other rights that vary from jurisdiction to jurisdiction. The company and its websites are not responsible or liable for content posted by users, 3rd-parties, actions of any 3rd-party or for any damage to, or virus that may infect, a user’s computer equipment or other property.
LIABILITY
The company may modify, suspend, discontinue or restrict the use of any portion of the company website, including the availability of any portion of the content at any time, without notice or liability. User acknowledges and agrees that it is virtually impossible to achieve continuous, uninterrupted availability of the company or any other, website. While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period. Access to this website may be suspended temporarily and without notice in the case of system failure or for reasons beyond our control. Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to our website or service for any one event or series of related events is limited to the total fees which you have paid to us in the 12 months before the event(s) complained of. In no event (including our own negligence) will we be liable for any: (a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); (b) loss of goodwill or reputation; (c) special, indirect or consequential losses; or (d) damage to or loss of data (even if we have been advised of the possibility of such losses). Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
INDEMNITY
You agree to indemnify, defend and hold harmless the company, its website(s) and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding:
- Your use of the company website(s);
- The company’s use of any your content or information, as long as such use is not inconsistent with these terms;
- Information or material provided through your IP address, even if not posted by you or;
- Any violation of these terms by you.
DISPUTE RESOLUTION, CONSUMER REVIEWS, AND USE OF SOCIAL MEDIA
We endeavour at all times to provide high standards in retail and business and recognise and support the importance of the use of social media and the internet to alert the public when such standards are not met. However, we believe that complaints should not be published in a manner that is unfair or unreasonable as to content and manner of publication and, for this reason, the following terms are agreed by yourself and ourselves to regulate how to proceed when you feel that reasonable standards have not been met. If you post any comment on our service or products on any website other than the company’s website, you agree that: i) you will not include any statement that is untruthful or malicious. ii) you will do all that is possible to enable the company to post to the same website a comment in response and ,if such is not possible, you will include such response in full in a comment posted by yourself on the same website iii) you will agree to participate in a form of alternative dispute resolution accredited by the trading standards of the Philippines under The Consumer Contracts (information, cancellation and additional charges) Regulations 2013 and recommended, as appropriate for the nature of the dispute, on request by the company of the service operated at https://fragrancefactory.ph. These terms and conditions were last updated, and became effective, on 31st August 2019.
CONTACT INFORMATION
Our contact details are as follows:
Chemworld Marketing
Unit 404, Executive Building Center,
369 Sen Gil Puyat Avenue, Makati City, 1208
hello@fragrancefactory.ph.
