Terms and Conditions
These Terms and Conditions ("Terms") govern your use of our website (the "Website") and the services we offer (the "Services"). By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Website.
1. Use of the Website
1.1 You may only use the Website for lawful purposes and under these Terms.
1.2 You agree not to use the Website:
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In any way that violates any applicable Philippine law or regulation, including the Electronic Commerce Act (Republic Act No. 8792) and the Data Privacy Act (Republic Act No. 10173).
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To infringe on the rights of any third party, including their intellectual property rights.
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To transmit any material that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
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To interfere with or disrupt the Website or the servers or networks that support the Website.
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To use the Website to impersonate any person or entity.
2. Intellectual Property
2.1 The content of the Website, including the text, graphics, logos, images, and software, is the property of Father and Son or its licensors and is protected by Philippine and international copyright, trademark, and other intellectual property laws.
2.2 You may not modify, publish, reproduce, distribute, or create derivative works of any content on the Website without the express written permission of Elixiara Shop.
3. User Accounts
3.1 You may create an account on the Website to access certain features.
3.2 You are responsible for maintaining the confidentiality of your account information, including your password.
3.3 You are responsible for all activity that occurs under your account.
4. Orders and Payment
4.1 When you place an order on the Website, you agree to pay the full amount for the products and services you order in Philippine Pesos (PHP).
4.2 We accept payment through the methods offered on the Website, which comply with the Bangko Sentral ng Pilipinas (BSP) regulations.
4.3 We may use a third-party payment processor to process your payments. You agree to comply with the terms of service of any such third-party payment processor.
4.4 We reserve the right to cancel any order at any time for any reason, including but not limited to:
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Product unavailability
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Payment processing issues
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Suspected fraudulent activity
5. Shipping and Returns
5.1 Please refer to our separate Returns and Refund Policy for detailed information on our shipping and return procedures, which comply with the Department of Trade and Industry (DTI) e-Commerce Transactions Guidelines.
6. Disclaimer
6.1 THE WEBSITE AND THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. FATHER AND SON DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
6.2 ELIXIARA SHOP DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE.
6.3 ELIXIARA SHOP DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE.
7. Limitation of Liability
7.1 TO THE EXTENT PERMITTED BY PHILIPPINE LAW, IN NO EVENT SHALL ELIXIARA SHOP, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THE SERVICES.
8. Termination
8.1 We may terminate your access to the Website for any reason, at any time, without notice.
9. Governing Law
9.1 These Terms shall be governed by and construed under the laws of the Republic of the Philippines.
10. Dispute Resolution
10.1 Any dispute arising out of or relating to these Terms shall be settled by arbitration in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (PDRC). The arbitration shall be held in Pasig City, Philippines. The decision of the arbitrator shall be final and binding on the parties.
11. Entire Agreement
11.1 These Terms constitute the entire agreement between you and Elixiara Shop with respect to your use of the Website and the Services.
12. Changes to these Terms
12.1 We may update these Terms from time.