Terms and Conditions
GENERAL TERMS AND CONDITIONS OF PURCHASE AND USE
This document (together with the documents mentioned herein) will serve as the general terms and conditions that regulate the use of this website (www.miladayjewels.com) and the all purchases and payment for services on it (hereinafter referred to as the “Conditions”).
These Conditions may be changed, altered or amended from time to time at our sole discretion and without prior notice. It is your responsibility to read and understand them as the Conditions at the time of using the website or concluding of the relevant Contract (as defined further on) shall be those that apply.
If you have any query regarding the Conditions or the Data Protection Policies, please contact us via sending an email to email@example.com.
2. CONTACT DETAILS
This website is owned and operated by Family Jewels, Inc. (the “Platform Operator”). However, the sale of goods through this website is carried out under the name Miladay Fine Jewels by FAMILY JEWELS, INC. (the “Company”), a Philippine company with registered address at 150 Jupiter St., Bel-Air Village, Makati City, Metro Manila Province, Philippines, registered in the Securities and Exchange Commission under number A200009015 (the “Seller”).
3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
All personal information and details that you provide us shall be processed in accordance with the Data Protection Policies and applicable legislation. When you use this website, you agree to the processing of the information, personal data and other details and you state that all information, data and other details provided are true, correct and correspond to you as the real purchaser under the Contract.
4. USE OF OUR WEBSITE
By using the website, you indicate that you accept all the terms and condition stipulated in this contract and that you agree to abide by it, including but not limited to:
- You agree to the use of this website for lawful purpose only.
- You agree not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we reserve the right to cancel it and inform the competent authorities.
- You will not use this website in any way that violates any applicable local or international law or regulation.
- You will not co-brand or frame the website without the express prior written permission of an authorized representative of the Company.
- If you do not provide us with all the information we need, you cannot place your order and we reserve the right to cancel or not accept your order.
- When you place an order on this website, you confirm that you are over the age of 18 and are legally eligible to enter into binding contracts in accordance with law.
5. SERVICE AVAILABILITY
Delivery service for the articles offered on this website is available in the Metro Manila only through Miladay Moves, our in-house delivery fleet engaged for this purpose and in accordance with terms and conditions for the delivery thereof.
6. FINALIZING THE CONTRACT
To place an order, you must follow the step by step purchasing procedure until you reached and clicked “Proceed to Payment”. You will be directed to the site’s payment gateway. Fill up all necessary information, give your consent to all questions requiring it and follow all instructions until you reached and clicked the button “Pay Now”. You will be redirected by the site for any steps added for completing the payment. After completion of payment you will be advised that the transaction was successful, kindly click “Continue” and you will be redirected to Miladay website check out page with your order details.
You will have to wait for 1-2 days to receive our Order Confirmation email containing the delivery/pickup details. Our team will directly contact you for more information and guidance about your order’s delivery/pickup. Kindly secure all the screenshot of transaction such as confirmation email and transaction successful from the payment gateway.
7. ORDER CANCELLATION
You may request to cancel your order, provided that, your transaction has not yet been paid in the terminal of our payment portal partner. As such, we will also cancel the delivery of the item that you ordered. If the cancellation is made after payment, any request for the cancellation of the order will be automatically denied. However, you may opt to order for a replacement item, provided that, the price of such replacement item is equal to the price of the original ordered item.
8. AVAILABILITY OF PRODUCTS
All product orders are subject to availability. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may then order to substitute for your original order.
9. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and to remove or modify any material or content from the same. Although we will always exert commercially reasonable efforts to process all orders, there may be exceptional circumstances that force us to refuse to process or cancel an order after having sent the Order Confirmation. We reserve the right to do so at any time.
We shall not be liable to you or to any third party for removing any product from this website, or for removing or modifying any material or content from the website or not processing an order notwithstanding that we have sent the Order Confirmation.
Click and Collect
After receiving the confirmation email, proceed to the store indicated within 2-5 working days during store hours. Kindly bring with you a print out or screenshot of your receipt and confirmation email. For your security, kindly present any government ID so that we may know you better.
Door to Door
If any delivery timeframes are indicated anywhere in this website, they are estimates only and delays may occur.
Notwithstanding Clause 8 above regarding product availability, we will do our best to send the order consisting of the product(s) listed in each Order Confirmation within the estimated delivery timeframes indicated in the relevant Order Confirmation or, if no delivery date is specified in the estimated timeframe indicated when selecting the delivery method.
However, should we encounter any delivery restrictions on your preferred address, we commit to inform you immediately before closing your purchase so that an alternative address or receiving option can be selected.
If the delivery of your product is delayed for an unreasonable period for any reason, Seller will inform you accordingly via e-mail or other acceptable means and the product you ordered will be dispatched as soon as reasonably possible. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery whatsoever caused, and which delay shall therefore be excused, without prejudice to our right to cancel the order even after having sent the Order Confirmation and any attempted delivery.
If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid. Keep in mind in any case that we do not make home deliveries on Saturdays, Sundays or holidays.
For the purpose of these Conditions, the “delivery” shall be understood to have taken place or the order “delivered” as soon as you or a third party indicated by you, or if you did not name the party who should receive the product, any adult at the delivery address acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the delivery address indicated by you.
11. UNCLAIMED OR UNDELIVERED ORDERS
If we cannot deliver your order or you are not able to pick it up, we will hold the item for you for another 30 days. In the meantime, please make sure to get in touch with us via firstname.lastname@example.org or by calling us at the contact numbers indicated in our website and let us know your preferred delivery or pick-up option. We can re-schedule the delivery after we agreed on the date and place of delivery.
If you are still unable to receive your item of purchase within 30 days, we will offer it for sale and safe keep your payment with us. You are then entitled to choose from any of our collections of jewelry pieces as a replacement provided its final selling price is equal to your original order.
12. TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS
The products shall be under your responsibility from the moment of delivery and receipt by you or the person you have named and authorized, or in the absence of any such authorized person, to any adult who shall receive the Products at the delivery address, as provided under Clause 10 above.
You will take ownership of the products when we receive full payment of all amounts due, including delivery charges, or at the moment of delivery (as defined in Clause 10 above), if that were to take place at a later time.
13. PRICE AND PAYMENT
The price of the products will be as stipulated at all times on our website, except in the case of an error. Although we make every effort to ensure that the prices featured on the website are correct, errors may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you or if we do not receive your written advice in any case, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.
We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Order Confirmation).
The prices on the website shall include the applicable VAT, and other applicable taxes, if any, but exclude delivery charges, which are added to the total price as indicated in our Shopping Guide (see the section on Delivery Charges).
Prices may change at any time without prior notice. However, except as stipulated above, the changes shall not affect the orders for which payment has been received and where we have sent an Order Confirmation, except in the case of errors in the price, in which case, the correct price at the time the Order Confirmation was transmitted shall apply.
Once you have selected the products that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You are provided with a detailed description of the purchase process in the Shopping Guide. Also, if you are a registered user, a record of all the orders placed by you is available in “My Account” area.
To minimize the risk of non-authorized access, your credit card details will be encrypted. Once we receive your order, we request a pre-authorization on your card to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made prior to your order leaving our store.
When you click “Pay Now”, you are confirming that the credit card is yours.
Credit cards are subject to verification and authorization by the card issuing entity. If the card issuing entity does not authorize the payment, we shall not be able to conclude any Contract with you.
14. BUYING GOODS AS A GUEST
We currently do not allow check out by a guest.
15. EXPRESS CHECKOUT
We currently do not have express checkout.
Pursuant to the prevailing rules and regulations in force, all purchases done through the website may be subject to Value Added Tax (VAT) and other applicable taxes, if any.
We reserve the right to impose such other taxes, fees and charges without prior notice, based on the then applicable laws and regulations governing the purchase made through the website.
17. EXCHANGE/RETURN POLICY
17.1 Statutory right of return and exchange
Right of Exchange or Return Due to Defects
As a consumer, you have the right to exchange the product for another product, or return the product for a full refund, within 7 days from the day on which the goods you ordered are delivered to the address you indicated in your order in accordance with Clause 10 hereof, for any defect in the product.
The return or replacement period will expire after 7 days from the day on which the goods you ordered are delivered to the address you indicated in your order in accordance with Clause 10 hereof.
To exercise the right to exchange, you may notify us of your decision to exchange or return the product by contacting us via an email to email@example.com, indicating therein the defect in the product.
To meet the return or exchange deadline, we must receive your e-mail within the 7-day period as provided above
Effects of Return Due to Defect
If you decide to return the product due to a defect, we will return to you all payments received from you, within a commercially reasonable period of time. We will carry out such reimbursement using the same means of payment as you used for the initial transaction. In any event, you will not incur any charges as result of such reimbursement. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back.
You shall deliver the goods or hand them over to us at any MILADAY store without undue delay and in any event not later than 7 days from the day on which the goods you ordered are delivered to the address you indicated in your order in accordance with Clause 10 hereof, for any defect in the product. The deadline is met if you send back the goods before the period of 7 days has expired.
17.2 Contractual right of return and exchange
In addition to the statutory right to cancel for consumers, mentioned in Clause 17.1 above, we grant you a period of 30 days from the date of delivery or pick up of the products to return and exchange the products (except those mentioned in Clause 17.3 below, for which the right to cancel is excluded).
In case you return the goods within the 30 days statutory period, you will only be allowed to seek a replacement equal to amount paid for said jewelry.
You may exercise your contractual right of return and exchange in accordance with the provision of Clause 17.1 above.
17.3 Common provisions
You shall not have the right cancel the Contract and ask for a refund other than due to a defect in the product or when it is for the delivery or made-to-order items via Job Order or Job Repair
Your right to refund shall apply exclusively to the products that are returned in the same condition in which you received them. No refund will be made if the product has been used, for products that are not in the same condition as when they were delivered or if they have been damaged, so take care of the products(s) while in your possession. Please return the products using or including all their original packaging, instructions and other documents, if any, accompanying the products.
Upon cancellation, the respective products shall be returned as follows:
- For Click and Collect, return the product at the MILADAY store where it was bought/picked up:
In such case, you should go to the store and present the product with the receipt you were given upon the purchase of the product.
(ii)Return and exchange of product delivered to the buyer:
You can return the product directly to House of Miladay at 150 Jupiter St., Bel-Air village, Makati City, Metro Manila. We ask you to return the product without delay, together with the receipt to the address outlined on the receipt.
After examining the article, we will inform you of whether you have the right to an exchange for another item with a selling price equal to the original price paid. The replacement item will be released to you as soon as possible and, in all cases, within 14 days from the date on which you notified us of your intention to.
Notwithstanding the foregoing, 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. The refund will always be paid using the same payment means you used to pay for your purchase.
You shall assume the cost and risks of returning the products to us, as indicated above.
If you have any questions, you can contact us on our contact form or by taking part in a live webchat available on our website.
18. LIABILITY AND WAIVING LIABILITY, STATUTORY CONSUMER RIGHTS
Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the actual price paid by you for the purchase of said product.
Notwithstanding the paragraph above, and to the extent legally allowed, we shall not accept any liability for any special, punitive, exemplary, indirect or consequential damages, or any other damages of any kind, including any of the following losses, regardless of their origin:
i. loss of income or sales;
ii. operating loss;
iii. loss of profits or contracts;
iv. loss of forecast savings;
v. loss of data; and
vi. loss of business or management time.
whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way related to our operation of, or your use of, the website, even if we or our authorized representatives have been advised of the possibility of such damages.
All product descriptions, information and materials shown on this website are provided “as is”, with no express or implied warranties on the same, except those legally established. We do not warrant that such description is accurate, current or free from error.
Without prejudice to the generality of the foregoing, we do not warrant:
- the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in this website;
- that the website will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
- that the website is free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
- the security of any information transmitted by you or to you through the website, and you accept the risk that any information transmitted or received through the website may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the internet.
19. INTELLECTUAL PROPERTY
You consent and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the website belong to us at all times or to those who grant us the licence or right for their use. You may use said material only to the extent that we or the usage licensors authorize expressly. This does not prevent you from using this website to the extent necessary to copy the information on your order or contact details.
Except as stated in these Terms and Conditions, none of the materials and intellectual property described in this website (including the website materials) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without our prior written permission or the respective intellectual property owner. You may electronically copy and print to hard copy portions of the website for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in the website (including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance), without our prior written permission and/or the written permission of the owner(s) of the relevant content, is strictly prohibited. Both us and the owner(s) of the content of this website reserve the right to initiate appropriate protective legal action, including injunctive relief to protect our interests in the event of a breach hereof.
20. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not make illegal, improper and inappropriate use of this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other software or technologically damaging or harmful material. You shall not attempt to make unauthorized access to this website, the server on which the site is hosted or any server, computer or database related to our website. You undertake not to attack this website through any attack of denial of service or an attack of distributed denial of service.
Failure to comply with this Clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this Clause, authorization to use this website shall be suspended immediately. We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects you.
21. LINKS FROM OUR WEBSITE
If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Accordingly, we shall not be liable for any damage or harm deriving from their use whatsoever.
22. WRITTEN COMMUNICATION
By using this website, you agree that communication with us will primarily be electronic. We will contact you by email or we will provide you information by posting alerts on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your statutory rights.
The notifications that you send us must be sent preferably through our email address at firstname.lastname@example.org. Pursuant to the provisions in Clause 22 above and unless otherwise stipulated, we may send you notifications either by email or to the postal address you provided us when placing an order, at our sole option.
It is understood that notifications will be received and acted upon as soon as 24 to 48 hours after they have been sent by email or three days after the postage date on any letter. As proof that the notification has been sent it shall be sufficient to prove, in the case of a letter, that it was correctly addressed, that the correct postage was paid and that it was duly delivered to the post office or to a mail box; in the case of an email, that the notification was sent to the email address specified by the recipient.
24. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract arising from your use of this website, including all rights and obligations arising therefrom, are binding for all the parties hereto, as well as for all the respective successors, transferees and heirs.
You may not transmit, cede, levy, assign or in any other way transfer a Contract or any of the rights or obligations derived from the same, without having obtained our written consent and/or that of the Seller, as the case may be, in advance.
We may transmit, cede, levy, subcontract, assign or in any other way transfer a Contract or any of the rights or obligations derived from the same, at any time during the life of the Contract. To avoid any doubt, said transmissions, cessions, levies, assignments or other transfers shall not affect the rights that, as applicable, you have as a consumer recognized by law or cancel, reduce or limit in any way the express and tacit warranties that we may have given you.
25. EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume in the use of this website or arising from a Contract when caused by events that are beyond our reasonable control (“Force Majeure”).
Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following: i. Strike, lockout or other forms of protest.
ii. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war. iii. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster. iv. Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private. v. Inability to use public or private telecommunication systems.
vi. Acts, decrees, legislation, regulations or restrictions of any government or public authority. vii. Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from the use of this website or arising from any Contract are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.
26. WAIVING RIGHTS
The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of the use of this website or arising from a Contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue thereof shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations.
The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the use of this website or arising from Contract or from the Conditions.
The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalised and notified to you in accordance with the provisions of the Notifications section above.
27. PARTIAL ANNULMENT
Should any of these Conditions or any provision of a Contract be declared null and void by firm resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment.
28. ENTIRE CONTRACT
These Conditions and any document referenced in the same constitute the Entire Contract between the Parties as regards the purpose of the same, replacing any previous pact, agreement or promise made between the Parties verbally or in writing.
You acknowledge that you agreed to use this website and enter into the Contract with Seller without depending on any declaration or promise made by Platform Operator or by us as the Seller, except those expressly mentioned in these Conditions.
29. OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to review and modify these Conditions at any time.
30. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website shall be governed by the laws of Republic of the Philippines.
Any controversy that arises or is related to the use of the website shall be subject to the non-exclusive jurisdiction of the courts of Makati, Philippines. However, all disputes arising out of or in connection with the product purchase Contract, including any question regarding its existence, validity or termination, shall be finally settled in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (“PDRCI”) for the time being in force, which rules are deemed incorporated by reference into this clause.
The arbitral tribunal shall consist of three arbitrators to be chosen in accordance with the rules of the PDRCI. The seat of arbitration shall be the Philippines. The procedural law of this seat applicable to commercial arbitration proceedings shall apply where the Rules are silent. The language to be used in the arbitration proceedings shall be English.
Platform Operator or Seller may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy, subject to the final award or decision of the arbitral tribunal.
31. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. Please send any comments and suggestions through our contact at email@example.com.