Sales Terms and Conditions

Definitions and Interpretation

- Absent alternative definitions, the terms and their interpretation outlined in the appendix will govern these Sales Terms and Conditions.

Product Acquisition

- The Buyer consents to adhere to all guidelines, notices, operating rules, policies, and instructions related to product purchases via the Seller's Website, including future amendments issued by the Seller. The Seller retains the authority to modify these elements at any time, with the Buyer being automatically bound by such changes upon their publication on the Website.

- **Product Sales**: Products are exclusively sold by ENCANTADA JEWELS PHILIPPINES. The term “Seller” specifically refers to ENCANTADA JEWELS and its Philippine branches.

- **Product Description**: The Seller strives for accurate product descriptions but does not guarantee their precision, currency, or error-free nature. Should a delivered product fundamentally differ from its online description and the ordered item, Clause 6 of these Terms and Conditions of Sale will be applicable.

- **Order Placement**: Buyers must place orders through the Website's Order Form and use the “Check Out” button. Orders via other methods are not accepted. Buyers are responsible for the accuracy of their orders.

- Once transmitted, orders are considered final and binding. The Seller may process these orders without needing further Buyer approval or reference. However, as per Clause 8, the Buyer might request order amendments, which the Seller may attempt to accommodate, though it is not obligated to make any such changes.

- **Seller's Order Rights**: Order fulfillment is subject to the Seller's discretion and acceptance. A legal agreement or promise between Seller and Buyer is not established until an order confirmation is received from the Website. The Seller, under applicable law, reserves the right to refuse any order from or through the Website.

- **Intellectual Property**: The Buyer acknowledges that all Intellectual Property associated with the Products remains exclusively with the Seller.

**Product Delivery Terms**

**Delivery Location**

- The Products will be delivered to the address specified in the Buyer's Order.

**Shipping and Handling Costs**

- The charges for shipping and packaging will be as outlined in the Order.

**Delivery Tracking**

- The progress of delivery can be tracked at the following URLs:
- For deliveries within the Philippines: [LBC Express Tracking](https://www.lbcexpress.com/track/)

**Estimated Delivery Period**

- The Buyer acknowledges that the availability of the Products affects delivery time. The Seller commits to exerting every reasonable effort to deliver the Product within the estimated timeframe stated on the Product's listing page. However, the Buyer must be aware that inventory information on the Website is regularly updated, but it is possible for a Product to become unavailable between updates. All delivery time estimates are provisional, and delivery delays may occur. In the event of a delay, the Seller will inform the Buyer via email and/or the contact information provided at the time of Order placement. Delivery timing is not guaranteed, and neither Seller nor its agents will be liable for any delivery delays.

**Product Pricing**

**Listed Price**

- The price payable by the Buyer for the Products will be the Listed Price at the time the Buyer's Order is transmitted to the Seller through the Website. The Seller endeavors to provide accurate pricing information on the Website. However, pricing errors may occur, such as when the price of an item is incorrectly displayed on the Website. Therefore, the Seller reserves the right to refuse or cancel any Order. In cases of mispricing, the Seller may, at its discretion, contact the Buyer for further instructions or cancel the Order and inform the Buyer of such cancellation. The Seller has the authority to refuse or cancel any Orders, whether or not the Order has been confirmed and the Buyer's credit card or bank account has been charged.

**Taxes**

- All Listed Prices are subject to applicable taxes. The Seller reserves the right to modify the Listed Prices at any time without any obligation to provide a reason or prior notice.

**Payment Conditions**

- **General Payment Terms**: The Buyer is permitted to settle the cost of the Product using any of the payment methods established by the Seller. All payments must be made to the Seller's account.
- **Payment Method Agreement**: The Buyer acknowledges adherence to the user agreement of their selected payment method. The Buyer cannot hold the Seller or its agents responsible for any disruptions, failures, or errors associated with their chosen payment method. The Seller retains the right to alter or discontinue any payment method at any time without prior notice or explanation.
- **Non-payment Consequences**: Should the Buyer fail to complete payment as per the chosen payment method's terms and conditions, or if payment is revoked for any reason, the Seller retains the right, without limiting other remedies, to cancel the Order or withhold delivery of the Products until full payment is received.
- **Refund Policy**: Information regarding the refund process and policy of ENCANTADA JEWELS PHILIPPINES is available on their Online Website.

**Returns and Replacements**

- **Return Guidelines**: Returns must comply with the Return Policy instructions. The

Seller is not obligated to accept any returns unless they adhere to these specified instructions.
- **Transfer of Risk**: The risk of damage or loss of Products transfers to the Buyer upon delivery, or, if the Buyer fails to accept delivery, at the point when the Seller has attempted to deliver the Products.

**Enquiries and Complaints**

- **Contact for Queries**: For any questions or complaints, contact the Seller at hi@encantadajewelsph.com. The Seller will engage with Buyers regarding their queries and complaints.

**Order Termination**

- **Seller-Initiated Cancellation**: In addition to other termination rights stated in these Terms and Conditions of Sale, the Seller can halt product transit, suspend further deliveries to the Buyer, or terminate the Order immediately via written notice if:
- The ordered Products are unavailable for any reason; or
- The Buyer breaches any obligation under the Customer Contract.

**Product Risk and Ownership**

- **Risk Transfer**: The risk of damage or loss of the Products passes to the Buyer upon delivery, or, if the Buyer improperly fails to accept delivery, when the Seller has offered delivery.
- **Ownership Transfer**: Despite the delivery and the transfer of risk, the ownership of the Products remains with the Seller until full payment is received in cash or cleared funds, including payment for all other goods sold by the Seller to the Buyer.

**Limitation of Liability**

**Exclusive Remedies**:

- The Buyer's sole and exclusive remedies for any non-conformity or defects in the Products are as outlined in these terms and conditions.
- **Liability Cap**: Seller's total liability for all losses related to the sale of Products under each Customer Contract will not exceed the amount the Buyer has paid to the Seller for the Order, regardless of other provisions in these Terms and Conditions of Sale.
- **Liability Exclusions**:
- The Seller is not liable for any losses caused in any manner due to fair wear and tear, willful damage, misuse, negligence, accidents, abnormal conditions, alterations or modifications of the Products, or non-compliance with the Seller’s usage instructions.

**General Provisions**

- **Governing Law**: These Terms and Conditions are governed by and interpreted in accordance with Philippine law.
- **Dispute Resolution**: Parties should try to amicably settle disputes. If unresolved, they should agree on an Amicable Dispute Resolution (ADR) method. If ADR fails within two months, disputes will be settled by arbitration in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (“PDRCI”).
- **Warranties**: The implied warranty against hidden defects under the New Civil Code of the Philippines and consumer rights under the Consumer Act of the Philippines are applicable.
- **Severability**: If any provision of these Terms is illegal, invalid, or unenforceable, the remaining provisions remain in force as if the invalid or unenforceable part was removed.
- **Assignment**: The Buyer cannot assign rights under these Terms without Seller's consent. The Seller may assign its rights to third parties.
- **Amendments**: The Seller may amend these Terms and Conditions, effective from the specified date. Continued use of the Website implies acceptance of these variations.
- **No Waiver**: Failure by the Seller to enforce these Terms does not waive these terms and does not affect the right to enforce them later. The Seller can enforce these Terms in any instance of the Buyer's breach.
- **Third-Party Rights**: Non-parties have no rights under any legislation to enforce any term of these Terms and Conditions, regardless of identification by name, class, or description.
- **Error Correction**: Typographical, clerical or other errors in any Seller document are subject to correction without liability.
- **Force Majeure**: The Seller is not liable for non-performance or delays due to events beyond its reasonable control.
- **Cumulative Rights**: The rights and remedies under these Terms and Conditions of Sale are cumulative and additional to rights and remedies in law or equity. The exercise of any right or remedy by the Seller does not prevent the exercise of other rights or remedies.
- **Subcontracting**: The Seller may delegate or subcontract its obligations, using service providers, subcontractors, and/or agents as deemed appropriate.
- **Record Binding**: Records maintained by the Seller or its providers are binding and conclusive evidence of information and data transmitted between the Seller and the Buyer.
- **Injunctive Relief**: The Seller may seek immediate injunctive relief in cases of breach where it is the only adequate remedy.
- **Currency**: References to money in these Terms are in Philippine Pesos.
- **Language Precedence**: The English version of these Terms and Conditions takes precedence over any Foreign Language Version.
- **Entire Agreement**: These Terms and Conditions constitute the entire agreement between the Buyer and the Seller regarding this subject matter, superseding all prior agreements.

**Appendix of Terms Definitions and Interpretation**

**Definitions**. In the context of these Terms of Use, the

following terms are defined as:

- **“Seller”** refers to Encantada Jewels Philippines.
- **“Website”** means the Seller’s website, encantadajewelsph.com.
- **“Buyer”** is a user who accesses the Website, engages with the Products and services on the Website, places an Order on the Website, or enters into a Customer Contract with the Seller.
- **“Order”** denotes the request for Products submitted via the Website in line with the Terms and Conditions of Sale.
- **“Product”** refers to any item available for purchase by Buyers on the Website.
- **“Business Day”** signifies any day, excluding Saturdays and Sundays, when banks in the Philippines are generally open for business.
- **“Customer Contract”** is the completed Order Form accepted by the Seller, combined with the most recent iteration of the Terms and Conditions of Sale posted on the Website.
- **“Listing Price”** indicates the price at which Products are offered for sale to Buyers on the Website.
- **“Intellectual Property”** encompasses all forms of intellectual property rights including copyrights, patents, utility innovations, trademarks, service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights to protect trade secrets, confidential information, goodwill, reputation, and any similar or corresponding rights, including applications for these rights, existing now or created in the future, anywhere in the world, registered or not, along with all associated legal rights and remedies.
- **“Trademarks”** are the trademarks, service marks, trade names, and logos displayed on the Website, including the Encantada Jewels trademark, owned exclusively by Encantada Fashion Jewelry and Accessories Shop.
- **“Losses”** encompasses all forms of losses, settlements, costs (including legal fees on a solicitor-client basis), charges, expenses, legal actions, claims, liabilities, and the like, whether predictable or not.
- **“Return Policy”** refers to the return policy detailed in the store.
- **“Encantada Jewels Philippines”** is the business name for Encantada Fashion Jewelry and Accessories Shop, located at C3 Holland Park Southwoods Ave, Bray San Francisco Biñan City Laguna.
- **“Terms and Conditions of Sale” or “Terms and Conditions”** are the information in this document, including any schedules attached to these Terms and Conditions of Sale.

**Interpretation**: In these Terms and Conditions of Sale, any reference to a statutory provision includes references to any modification, re-enactment, or extension of that statute as currently in effect. The terms “include”, “includes”, or “including” used herein should be understood as being followed by “without limitation”. All references to a specific number of days will be interpreted as calendar days unless stated otherwise. Similarly, the terms “month” or “monthly”, as well as any references to a specific number of months, should be interpreted as calendar months. The inclusion of clause headings is for organizational purposes only and does not influence the interpretation of these Terms and Conditions of Sale. In cases where there is a conflict or inconsistency between multiple provisions within these Terms and Conditions of Sale, whether in the same or different documents, such conflict or inconsistency will be resolved in a manner that favors the Seller. Consequently, the provision more advantageous to the Seller will take precedence.