Terms & Conditions 2



Terms and Conditions of Sale


Definitions and Interpretation
  • Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms and Conditions of Sale.

    Purchase of Products 

    • Buyer agrees to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Seller's Website, as well as any amendments to the aforementioned, issued by the Seller, from time to time. The Seller reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and the Buyer is deemed to be aware of and bound by any changes to the foregoing upon their publication on this Website.

    • Products are sold exclusively by LVNA by Drake Dustin. The term “Seller” may only refer LVNA by Drake Dustin and its branches in the Philippines. 

    • Product description: While Seller endeavors to provide an accurate description of the Products, Seller does not warrant that such description is accurate, current or free from error. In the event that the Product, which the Buyer received is of a fundamentally different nature from the Product as described on the Website and which the Buyer has ordered, Clause 6 of these Terms and Conditions of Sale shall apply.

    • Placing your Order: The Buyer may place an Order by completing the Order Form on the Website and clicking on the “Check Out” button. Seller will not accept Orders placed in any other manner. The Buyer shall be responsible for ensuring the accuracy of the Order.

    • All Orders will be deemed to be irrevocable and unconditional upon transmission through the Website and the Seller shall be entitled, but not obliged, to process such Order without the Buyer’s further consent and without any further reference. Nevertheless, in certain circumstances as stated in Clause 8, the Buyer may request to amend the Order which Seller will endeavor to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Seller is not obliged to give effect to any request to amend any Order. 

      • Seller’s reservation of rights in respect of Orders: All Orders shall be subject to Seller’s acceptance and in its sole discretion. The Buyer acknowledges that unless he receives a notice from this Website confirming the Order, the Seller shall not be party to any legally binding agreements or promises made between Seller and Buyer. For the avoidance of doubt and subject to applicable law, Seller reserves the right to decline to process or accept any Order received from or through this Website in its absolute discretion. 

      • Intellectual Property: The Buyer agrees and acknowledges that any and all Intellectual Property embodied in or relating to the Products shall remain the sole and exclusive property of Seller.

      Delivery of Products

      • Address: Delivery of the Products shall be made to the address specified in the Buyer’s Order.

      • Shipping and packing charges: Shipping and packing charges shall be as set out in the Order.

      • Tracking: You may track the status of the delivery at the following links:

                   Local Delivery: https://www.lbcexpress.com/track/ 

                   International Delivery: https://www.fedex.com/en-us/tracking.html


        • Delivery timeframe: The Buyer acknowledges that delivery of the Product(s) is subject to availability of the Products. Seller will make every reasonable effort to deliver the Product to the Buyer within the delivery timeframe stated on the relevant page on which the Product is listed, but Buyer acknowledges that while stock information on the Website is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of the Product is delayed Seller will inform the Buyer accordingly via e-mail and/or at the contact information provided by the Buyer upon placing the Order. 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.

          Prices of Products

          • Listing Price: The price of the Products payable by the Buyer shall be the Listing Price at the time at which the Order placed by the Buyer is transmitted to Seller through the Website. Seller is determined to provide the most accurate pricing information on the Website to its Buyers. However, errors may still occur, such as cases when the price of an item is not displayed correctly on the Website. As such, the Seller reserves the right to refuse or cancel any Order. In the event that an item is mispriced, the Seller may, at its own discretion, either contact the Buyer for instructions or cancel the Order and notify the Buyer of such cancellation. The Seller shall have the right to refuse or cancel any such Orders whether or not the Order has been confirmed and the Buyer’s credit card or bank account charged.

          • Taxes: All Listing Prices are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.

          Payment

          • General: The Buyer may pay for the Product using any of the payment methods prescribed by the Seller from time to time. All payments shall be made to the account of the Seller. 

          • Payment methods: The Buyer agrees that he is subject to the applicable user agreement of his payment method. The Buyer may not claim against Seller or any of its agents, for any failure, disruption or error in connection with his chosen payment method. The Seller reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice or giving any reason.

          • Failure to pay: If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Order or suspend delivery of the Products until payment is made in full.

          • Refund of Payment: The details regarding the refund process and policy of LVNA by Drake Dustin can be accessed Here.

          Returns and Replacements

          • Return Policy: All returns must be done in accordance with the instructions set out in the Return Policy Here. Seller is not obliged to agree to any return unless all such instructions are followed to the Seller’s satisfaction.

           

          • Risk of damage or loss: Risk of damage to or loss of the Products shall pass to the Buyer at the time of delivery, or if the Buyer wrongfully fails to take delivery of the Products, the time when Seller has tendered delivery of the Products.

          Questions and Complaints

          • If there are any questions or complaints, please contact the Seller through the email address  info@lunabydrakedustin.com. The Seller will liaise with Buyers on questions and complaints.

          Termination

          • Cancellation by Seller: Without prejudice to any other right of termination elsewhere in these Terms and Conditions of Sale, the Seller may stop any Products in transit, suspend further deliveries to the Buyer and/or terminate the Order with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:

          • the Products under the Order being unavailable for any reason; or
          • the Buyer being in breach of an obligation under the Customer Contract.

          Risk and Property of the Products

          • Risk of damage to or loss of the Products shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Products, the time when Seller has tendered delivery of the Products.

          • Notwithstanding delivery and the passing of risk in the Products or any other provision of these Terms and Conditions of Sale, ownership of the Products shall not pass to the Buyer until Seller has received, in cash or cleared funds, payment in full of the price of the Products and all other goods agreed to be sold by Seller to the Buyer for which payment is then due.

          • For cross-border transactions or for Products shipped from abroad or overseas, the Customer Contract is deemed to have been entered into or perfected in the place where the Seller is located.

          Limitation of Liability

          •  Sole remedies of Buyer: The remedies set out in Clause 6 are the Buyer’s sole and  exclusive remedies for non-conformity of or defects in the Products.

          •  Maximum Liability: Notwithstanding any other provision of these Terms and Conditions of Sale, Seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of Products under each Customer Contract, will not exceed the sums that the Buyer has paid to Seller under such Order.

          •  Exclusion of liability: The Seller shall not be liable to the Buyer for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: any defect arising from fair wear and tear, willful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the Products or failure to comply with Seller’s instructions on the use of the Products (whether oral or written).

          General

          •  Cumulative rights and remedies: Unless otherwise provided under these Terms and Conditions of Sale, the provisions of these Terms and Conditions of Sale and Seller’s rights and remedies under these Terms and Conditions of Sale are cumulative and are without prejudice and in addition to any rights or remedies Seller may have in law or in equity, and no exercise by Seller of any one right or remedy under these Terms and Conditions of Sale, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms and Conditions of Sale or at law or in equity) operate so as to hinder or prevent Seller’s exercise of any other such right or remedy as at law or in equity.

          •  Warranties: The implied warranty under the New Civil Code of the Philippines against hidden defects and the rights of a consumer under Title III, Chapter III of the Consumer Act of the Philippines shall apply.

          •  No waiver: Seller’s failure to enforce these Terms and Conditions of Sale shall not constitute a waiver of these terms, and such failure shall not affect the Seller’s right to later enforce these Terms and Conditions of Sale. Seller shall be entitled to use its rights and remedies in any other situation where the Buyer is in breach these Terms and Conditions of Sale.

          •  Severability: If at any time any provision of these Terms and Conditions of Sale shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms and Conditions of Sale.

          •  Rights of third parties: A person or entity who is not a party to these Terms and Conditions of Sale shall have no right under any legislation in any jurisdiction to enforce any term of these Terms and Conditions of Sale, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms and Conditions of Sale.

          •  Governing law: These Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the Philippines.

          •  Disputes: If any dispute arises in connection with these Terms and Conditions of Sale, the Parties shall attempt, in fair dealing and in good faith, to settle such dispute. If the Parties are not able to reach an amicable settlement pursuant to the preceding Clause, they shall try to agree on an appropriate Amicable Dispute Resolution (“ADR”) proceeding (for example mediation, conciliation, expert determination, dispute board, adjudication). If they do not reach agreement on the appropriate ADR proceeding within thirty (30) days after failure of the settlement negotiations or if the dispute is not settled through an ADR proceeding within a period of two (2) months after initiation of the ADR preceding, each Party may initiate an arbitration proceeding pursuant to the following Clause.

          •  All disputes arising out of or in connection with the present Order, Customer Contract, or any sale of Products made by the Seller to the Buyer through the Seller’s Website, 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.

          •  Injunctive relief: Seller may seek immediate injunctive relief if Seller makes 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.

          •  Amendments: Seller may by notice issued through the Website or by such other method of notification as Seller may designate, which may include notification by way of e-mail, vary these Terms and Conditions, such variation to take effect on the date Seller specifies through the above means. If the Buyer uses the Website after such date, the Buyer is deemed to have accepted such variation. Seller’s right to vary these Terms and Conditions in the manner aforesaid will be exercised without the consent of any person or entity who is not a party to these Terms and Conditions. The version of these Terms and Conditions applicable to any particular Order is the latest version in force.

          •  Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.

          •  Currency: Money references under these Terms and Conditions of Sale shall be in Philippines Pesos.

          • Language: In the event that these Terms and Conditions of Sale is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms and Conditions of Sale shall govern and shall take precedence over the Foreign Language Version.

          •  Entire agreement: These Terms and Conditions of Sale shall constitute the entire agreement between you (as the Buyer) and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

          •  Binding and conclusive: The Buyer acknowledges and agrees that any records (including records of any e-mails, instant messaging or telephone conversations relating to the Order, if any) maintained by Seller or its service providers relating to or in connection with the Seller’s Website and the Products and services provided by the Seller shall be binding and conclusive on the Buyer for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between Seller and Buyer. The Buyer hereby agrees that all such records are admissible in evidence and that Buyer shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and Buyer hereby waives any of his rights, if any, to so object.

          • Subcontracting and delegation: The Seller reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms and Conditions of Sale and reserves the right to use any service providers, subcontractors and/or agents on such terms as the Seller deems appropriate.

          • Assignment: The Buyer may not assign his rights under these Terms and Conditions of Sale without prior written consent of the Seller. Seller may assign its rights under these Terms and Conditions of Sale to any third party.

          • Force Majeure: The Seller shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms and Conditions of Sale (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Seller’s Website’s and/or its Products or services’ content if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Seller’s reasonable control.

          Schedule 1 Definitions and Interpretation


          Definitions. Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms of Use:

            • Business Day” means a day (excluding Saturdays and Sundays) on which banks generally are open for business in Philippines.

              • “Buyer” means a user of the Website and/or the Products and services available on the Seller’s Website, or who has made an Order on the Seller’s Website,  or who has entered into a Customer Contract with the Seller.

                • Customer Contract” shall be the completed and accepted Order Form by the Seller and the latest version of the Terms and Conditions of Sale as posted on the Website.

                  • “Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.

                    • “LVNA by Drake Dustin” refers to LVNA by Drake Dustin with principal office address at Shaw Boulevard, Ortigas Center, Mid Shangri-La Plaza, 1552 Mandaluyong, Philippines.

                      • “Listing Price” means the price of Products listed for sale to Buyers, as stated on the Website.

                        • “Losses” means all losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.

                          • “Order” means the order for Products sent through the Website in accordance with the Terms and Conditions of Sale.

                            •  “Product” means a product available for sale to Buyers on the Website.

                              • Return Policy” means the return policy set out Here.

                                • Seller” means LVNA by Drake Dustin. 

                                  • “Terms and Conditions of Sale” or “Terms and Conditions” means Clauses 1 to 11 hereof and any Schedules to these Terms and Conditions of Sale.

                                    •  “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the website, including the LVNA by Drake Dustin trademark, which is exclusively property of LVNA by Drake Dustin.

                                      • “Website” refers to the Seller’s website or lunabydrakedustin.com.

                                       

                                      Interpretation: Any reference in these Terms and Conditions of Sale to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In these Terms and Conditions of Sale, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions of Sale. In the event of a conflict or inconsistency between any two or more provisions under these Terms and Conditions of Sale, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of the Seller and the provision which is more favorable to the Seller shall prevail.


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