Terms and Conditions
Last Updated: March 7, 2014
Welcome to the lazada.com.ph website (the "Site"). These terms and conditions ("Terms and Conditions") apply to the Site and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions.
You confirm your understanding of the Terms and Conditions by accessing this Site. You shall not use this website if you disagree with the Terms and Conditions of use. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
USE OF THE SITE
You must be at least 18 years of age or access the Site under the supervision of a parent or legal guardian.
We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of procuring personal items sold on the Site. Commercial use or use on behalf of any third party is forbidden, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.
Conflict of terms — If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
You understand that Lazada collects Personal Data such as your name, date of birth, e-mail or mailing address from you when you voluntarily choose to register for or use this Site. We use the Personal Data that we collect in an effort to provide you with a superior customer experience on the Site. Lazada may store such Personal Data itself or it may be stored in databases owned and maintained by Lazada’s affiliates, agents or service providers. Lazada retains its rights to these databases and the information contained in them.
In some instances we contract with outside parties to collect and maintain our information collection servers and to perform technology and related services. Personal Data may also be provided to third party logistics providers (such as, but not limited to, courier and delivery services) in order to perform our obligations to our customers. We seek to provide any such third parties with only the information they need to perform their specific function and we require them to protect your Personal Data in accordance with local data privacy laws.
Lazada and its affiliates or preferred business partners may use this information to contact you, electronically, through telemarketing or otherwise, in the future to tell you about, and to offer for sale, products or services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to "opt out" of receiving future communications.
If at any time you wish not to receive any future communications or to have your name deleted from our mailing lists, you may follow the "unsubscribe" procedure included with our communication.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
ORDER ACCEPTANCE AND PRICING
When you place an order on the Site, you are making an offer to buy goods. We will send you an email to confirm that we have received your order. Once we have checked the price and availability of the goods, we will email you again to confirm that we accept your order, and that a contract has been entered fir the sale.
Please note that there are cases when an order cannot be processed for various reasons beyond our control. The Site reserves the right to refuse or cancel any order for any of these reasons at any given time, subject to the rights of the customer under applicable laws. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. In the unlikely event that this happens, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
COOLING PERIOD AND RIGHT OF WITHDRAWAL
You have the right to cancel your order within twenty-four hours without penalty by writing to us in the Contact Us page of the website. After delivery of the product, you can return or refund your order within 30 days for any reason without penalty. Certain products are however excluded. Unless specifically allowed, the right of withdrawal will not apply to:
- the supply of audio or video recordings or computer software which were unsealed by the consumer,
- used clothing, opened foodstuff, and other items mentioned in the Returns page of the website
You will be liable only for the decrease of value of the goods, resulting from handling the products in a way other than the methods required to determine the nature, characteristics and working conditions of the products.
If the goods are lost or damaged in transit, please let us know promptly, so that we can make a claim against the carriers. We will offer you the choice of a replacement or a full refund.
The specific details on available warranties and guarantees are found in the product information. In the absence of any express provision of any warranty or guarantee, 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.
TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Philippine copyright laws and international conventions. All rights are reserved.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in Manila, Philippines. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of the Philippines and to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Manila, Philippines. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in the Philippines and is independent of either party.
Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate access to the website and revoke any or all of your privileges granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines in operating the Site, your sole and exclusive remedy is to discontinue using the Site.