We, Jinja Dae Gil OPC (“we” or “us”), is a corporation that is duly organized and existing under the laws of the Philippines and registered with the Securities and Exchange Commission, with principal address at 2C Green Brier, The Horizon Tagaytay Highlands, Barangay Tranca, Talisay City, Batangas, Philippines 4220.
We own this e-commerce website, www.marchemeritouais.com (“our website”).
We have set out on this web page the terms and conditions, as may be amended by us from time to time – together with the hyperlinked Cancellation Policy, Cookie Policy, Intellectual Property Notice, Privacy Policy, and Return, Refund, and Exchange Policy, which are hereby incorporated by reference, as may be amended by us from time to time – under which visitors of our website, are permitted to use our website (“T&Cs”).
General provisions
Obligation to read, understand, accept these T&Cs
You, as a user of our website, have an obligation to read, understand, and accept these T&Cs before accessing our website beyond the T&Cs.
If you access our website beyond the T&Cs, you shall be deemed to have read these T&Cs and to have agreed to be bound by them, and we shall have the right to assume that you have read these T&Cs and agreed to be bound by them.
If you have questions, email us at bonjour@marchemeritouais.com.
Amendment of these T&Cs
We shall have the right to amend these T&Cs at any time. We may inform newsletter subscribers in case of substantive amendments.
Changes to our website
We shall have the right to make changes to our website, or any part thereof, without prior notice.
Philippine laws
These T&Cs shall be governed by the laws of the Republic of the Philippines.
Age requirement
You agree that our target market consists of persons of legal age under the laws of the Republic of the Philippines (at least 18 years of age). If you are less than 18 years of age, you do not have the legal capacity to agree to these T&Cs and you shall not use our website.
You agree that we shall not be responsible in case a person less than 18 years of age uses our website.
Incorporated policies and notices
Cancellation Policy
You agree to the provisions of the Cancellation Policy regarding the prohibition to for you to cancel a purchase, and the grounds under which we may cancel a purchase.
Cookie Policy
You agree to the provisions of the Cookie Policy regarding the cookies that we use on our website, and to opt to accept or decline cookies through the notification that pops up on your screen when you access our website.
Grievance Mechanism Policy
You agree to the provisions of the Grievance Mechanism Policy regarding the filing and handling of grievances.
Intellectual Property Notice
You agree to the provisions of the Intellectual Property Notice regarding trademarks and copyrighted material on our website. You agree that such intellectual property assets are owned by us or by our suppliers. You agree to not infringe such intellectual property assets.
Privacy Policy
You agree to the provisions of the Privacy Policy regarding the collection and processing of your personal data provided to us through this website. You agree to not voluntarily provide personal information that are not necessary to achieve the purpose of collection.
Return, Refund, and Exchange Policy
You agree to the provisions of the Return, Refund, and Exchange Policy regarding the grounds, steps, and other requirements and procedures for return, refund, exchange, and/or repair requests.
Contract of Sale
Execution of Contract of Sale
You agree that any person, whether natural or juridical, executes a contract of sale with us when such person or their authorized representative clicks the tab titled “Place Order” upon checkout and when the payment thereafter pushes through, resulting in the generation of an order confirmation and its being sent to such person’s email. When this order confirmation is sent to such person’s email, the purchase may not be cancelled by such person.
Seller-Buyer relationship
You agree that we are an authorized reseller of products by French brands or French artists or their licensees or distributors (any of which are to be called “supplier” for brevity), and the products that we resell on our website have been purchased by us from them. Therefore, when you purchase a product on our website, you understand that the contract of sale is made between you, as purchaser, and us, as seller.
You agree that the person under whose name the payment was made, the person who is named as the delivery recipient, and the person whose www.marchemeritouais.com account was used (if applicable, must be the same, provided that an authorized representative may be designated in the delivery address.
Resale business
You agree that this website is for retail sale to end-consumers, and hence you shall not engage in a resale business for any product that you purchase on our website to other consumers.
Bulk orders
You agree that the quantities on our website reflect our inventory. If you wish to place a bulk order, you shall send a request by email to bonjour@marchemeritouais.com, subject to the following conditions: the minimum order value is PHP 200,000, with 50% downpayment; you must first purchase one quantity on our website for inspection as product returns based on color under the Return, Refund, and Exchange Policy will not apply; each brand has different production and delivery lead times, which vary throughout the year; a bulk order is not possible if the supplier only offers limited quantities and such quantities have run out; and payment for such bulk order is processed offline.
Product information
Product Name
You agree that, in the product description on the product web pages of our website, we state the product name as provided by our suppliers, or as shortened, clarified, or translated by or for us as needed.
Product Code
You agree that, in the product description on the product web pages of our website, we additionally state a product code, which is our internal code and is not identical to the product code (if any) used by our suppliers.
Product Color
You agree that we display colored product photos on the product pages of our website, and such photos are either owned by us or owned by and provided to us by our suppliers. You agree that we state the name of the colors on the product pages of our website as provided by our supplier, with translation provided or commissioned by us as needed.
If you find that the color of the product that was delivered to you is different from what you expected, you may request for a return and for refund or exchange on the ground of “wrong product”, subject to the provisions of the Return, Refund, and Exchange Policy.
Other Product Description
You agree that, in the product description on the product web pages of our website, we aim to state all relevant factual information as much as reasonably possible such as the weight, size, usage guide, care guide, material type, number of pieces, and express warranty details (if any), among others. You agree that such details are provided by our suppliers and/or by us. In case we adopt the product description provided by our suppliers, you agree that we do not guarantee that such information is accurate, updated, or complete.
You agree that the product shown in product photos on our website is not the exact same item to be delivered to you upon purchase. You agree that you may request a photo of the item for sale prior to making a purchase.
Inventory
You agree that we aim to maintain the product quantities on our website in line with our actual inventory but, in exceptional cases, our website might state that you could place an order for a product even if that product is out of stock, in which case we shall cancel the order.
Warranties
You agree that some products on our website have express warranties, the existence and terms of which are disclosed on the relevant product page on our website. You agree that all products have a 6-month implied warranties against hidden defects, as applicable, under the Civil Code of the Philippines. See Return, Refund, and Exchange Policy.
Pricing
Price inclusion and exclusion
You agree that all prices shown on our website are in Philippine currency. You also agree that they include Philippine taxes but exclude the delivery charge.
You agree that we may periodically adjust the prices on our website without need of prior notice. You agree that, in case we display on our website a wrong price due to an error on our part, we shall cancel the order and inform you.
Discounts and other deals
You agree that we have the right to offer discounts and other deals. You agree that the deals are applied upon check out, after taxes and delivery charges are computed.
You agree that we continuously conceive and offer different deals, which may be applicable to all customers or only to specific groups. You agree that we may provide exclusive deals, such as those for paid subscribers, bulk orders, and organizational partners.
You agree that we may offer such deals at such time and within such period and terms as we determine. You agree that some deals may not be used concurrently. You agree that we have the right to discontinue such deals upon their expiration at our sole discretion.
You agree that the implementation of deals may be subject to the approval of the Department of Trade and Industry of the Philippines.
Delivery
Delivery address
You agree that, upon check out, a customer may only provide a delivery address in Metro Manila, Batangas, Cavite, Laguna, and Rizal, provided that we may cancel an order if we cannot find your address.
Recipient
You agree that the person who is named as the delivery recipient shall personally receive the product(s) from us and sign a delivery receipt form. You agree that such product(s) may not be left elsewhere unattended including the doorstep of the recipient, building receptions or security, mail rooms, and storage rooms.
Delivery charge
You agree that purchases in the amount of P5,000 or above do not incur a delivery charge, while those below shall incur a P150 charge.
Estimated Delivery Periods
You agree that we will aim to deliver the order within 3 to 5 calendar days from purchase, and that we will make two delivery attempts from Monday to Saturday except holidays.
Fragile products
You agree that you shall inspect the condition of fragile products (for example, those made out of glass, ceramics, porcelain, or the like, taper candles, or art prints) immediately upon delivery and inform whether they received a “wrong product” or “damaged product” within the periods set out in the Return, Refund, and Exchange Policy.
Payments
You agree that our payment gateway is PayGate Paynamics Service, which has a PCI-DSS Certificate of Compliance Level 1 (4.0) and registered with the Bangko Sentral ng Pilipinas as an Operator of Payment System, and that we ourselves do not collect or process your financial information. You agree that our payment methods are limited, and these are disclosed on the payment page. You agree that you may only pay from a financial services account that you own or are authorized to use. You agree that our payment gateway may conduct verification on the ground that a fraudulent activity is suspected, in which case we have the right to cancel any order in accordance with the Cancellation Policy.
You agree that you may also apply codes from an e-gift card or sales promotion to the payment.
You also agree that we shall not be responsible if your payment is not authorized by your bank or other payment method.
Features
Account Creation
You agree that our website has an account creation feature on our home page. You agree that creating an account on our website is to create a gift registry, purchase an e-gift certificate, and to create wish lists that are unlimited and multiple, and get notified of product(s) left in your cart.
You agree that you are responsible for keeping your account information confidential, and you are solely responsible for all activities that occur under your account. You agree to notify us immediately of any breach of security.
E-gift card
You agree that we offer gift card only in digital form (“e-gift card”). You agree that it is the responsibility of the purchaser of the e-gift certificate to forward it to the beneficiary.
You agree that the e-gift card shall contain the unique gift code, which may be used by the beneficiary for any future online purchase, and that it will be applied to the gross order value, including the taxes and delivery fee. You agree that the e-gift card can only be used once, and that the difference between the value of the e-gift card and the amount of the purchase cannot be refunded.
You agree that we shall not be responsible for any loss of the code in an e-gift card, such as inability to access the email address to which such e-gift card was sent, or the unauthorized use of such e-gift card.
E-gift cards shall not be used to purchase e-gift cards. Discounts shall not apply to e-gift cards.
On an exceptional basis, we offer physical gift certificates, which we issue on an ad hoc basis such as when we sponsor events. The terms and conditions applicable to those certificates are written on the back of such certificates.
Wish list
You agree that our website provides a wish list feature, which appears on our home page and every product page. You agree that you may a create wish list with different privacy controls (public, shared, private), and you will be solely responsible for maintaining the privacy controls and sharing them to potential benefactor(s).
You agree that a customer who has created a www.marchmeritouais.com account may create non-expiring multiple wish lists or unlimited items in a wish list.
Miscellaneous Provisions
Website Domain
You agree that our website domain is www.marchemeritouias.com, and no other. You agree that we are not responsible for any purchase made on another website that pretends to be our website.
Website and email security
You acknowledge that, to ensure security of our website, we have an SSL certificate (HTTPS encryption) and subscribe to a premium security service offered by our web hosting provider, to prevent and clean up against threats; that we do not use public computer networks to access the backend of our website and emails; and that our website is only accessible by our authorized personnel or our website developer on a need-to-know basis. You agree that we may inform you of tips to ensure website and email security, from time to time.
Third-party service providers
You agree that we use third-party service providers to create, maintain, and operate our website, including implementing its features. These include our email newsletter platform, web hosting company, website builder and content management system, including plugins, and website developer, among others.
Prohibited activities
In addition to other prohibited activities in these T&Cs, we prohibit the following activities:
- whether for malicious, ethical, or other purposes, you may not hack, harm, attempt to hack, or attempt to harm, our website or any part thereof, including but not limited to links to third-party service providers.
- you may not use our website or any part thereof for your commercial purposes.
- you may not download or modify our website or any part thereof.
- you may not recreate, replicate, impersonate, copy, or create any derivative of, our website or any part thereof.
- you may not frame, or use framing techniques, on our website or any part thereof.
- you may not use data gathering, data mining, and similar extraction tools or methods, such as bots, on our website or any part thereof.
- you may not steal our domain name(s) or create confusingly similar version(s) thereof.
Disclaimer of warranties of our website and limitation of liability
We provide our website on an “as-is” and “as-available” basis. We make no representations or warranties of any kind, express or implied, as to the operation and the availability of our website or the information, content, materials, or products presented on our website. You expressly agree that your use of our website is at your sole risk. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, of our website, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that our website, its servers, or the email sent from us are free of viruses or other harmful components or errors. We will not be liable for any damages of any kind arising from the use of our website, including, but not limited to actual, moral, or exemplary damages.
No waiver or estoppel
Our failure to act with respect to a breach by you does not constitute as a waiver of our right to act with respect to subsequent or similar breaches.
Agency
If you are acting as an agent for a principal (including on behalf of your employer), you and the principal, jointly and severally, assume all of your obligations set forth in these T&Cs.
Severability
If any part of these T&Cs is found by any court to be invalid, illegal, or unenforceable, that part shall be void and the rest of these Terms and Conditions shall continue to be valid and enforceable to the fullest extent permitted by law.
Use of our website in countries other than the Philippines
We make no representation that the information on our website is appropriate or available for use in locations other than the Philippines.
Termination
We may also terminate your right to use our website immediately and without notice to you if, in our sole discretion, you fail to comply with any of these T&Cs.
Entire contract
The T&Cs shall constitute the entire agreement between us relating to each of the issues discussed in these T&Cs.
Third-party URLs
You agree that we may add links of third-party websites on our website to point you to additional information, but we shall not be responsible for any information that may not be outdated or inaccurate or for the security of their website.
Online marketplace
You agree that we do not sell products on any other online platform, including but not limited to online marketplaces. You agree that any product offered for sale therein are not offered for sale by us.
Communication channels
You agree to reach us at bonjour@marchemeritous.com for questions, clarifications, or other concerns, or at dpo@marchemeritouais.com for matters regarding privacy and protection of personal information.