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TERMS AND CONDITIONS
I. GENERAL
The following terms and conditions apply to all orders placed by the customer (hereinafter referred to as ”you”) with Autumn Chill, hereinafter referred to as “Autumn Chill”, ”us ” or ”we”, at the Autumn Chill website, or mobile website (jointly referred to as ”ezarcodesign.wixsite.com/autumnchill”).
By using ezarcodesign.wixsite.com/autumnchill and/or placing an order, you agree to be bound by the terms and conditions set out herein (the ”Terms”). Please make sure you have read and understood the Terms before placing your order.
Only persons of legal age, 18 or 20 years, or older depending on your place of residency, who are not under guardianship, and are not acting in capacity as a company, with a physical address in one of the countries that Route 198 provides deliveries to can place an order. More information can be found on our customer service pages. See Section IV below.
The terms might be amended from time to time without prior notice to you. The version of the Terms that will apply to your order will be those on ezarcodesign.wixsite.com/autumnchill at the time you place your order.
Autumn Chill want to provide the best possible online experience. To make this possible we need to ensure that our services runs like a clockwork. You understand and agree not to:
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Post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services;
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Act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the ezarcodesign.wixsite.com/autumnchill site, or which impacts the security of the site; or
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Employ any device or attempt to use any engine, software, tool, agent, script or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the site, or to copy content from the site.
We reserve the right to immediately bar access to the site and close the account of any user who violates this provision or any other provision in these terms and conditions.
II. PRICES AND DELIVERY CHARGES
The prices displayed at ezarcodesign.wixsite.com/autumnchill does not include a delivery charge.
The price does not include import taxes or custom duties. Import taxes/custom duties will be charged by your carrier at delivery and Autumn Chill does not compensate these charges.
The delivery charge for each order will be the same, regardless of the size or weight of your order. The cost for each delivery method is clearly indicated during the check-out process. For more information regarding delivery cost please visit our customer service pages for further information. If we are unable to deliver your order in full and have to make more than one delivery, there will not be an additional charge for any subsequent deliveries. Prices in our official website may vary.
III. ORDERING/CONCLUSION OF CONTRACT
The ordering option available to you is via ezarcodesign.wixsite.com/autumnchill and through our social media platforms (such as Facebook, Twitter, and/or Instagram). Please visit our customer service pages for further information.
Once you have placed your order, if you have supplied us with your email address, you will receive an email confirmation. Autumn Chill will fulfill the order in accordance with the email confirmation. If for any reason we are unable to fulfill your order, we will let you know at the earliest opportunity. If we have already received payment for such order, we will attempt to refund the applicable amount using the same method used to make the payment. If, for any reason, alternative arrangements are necessary we will notify you and ask you to contact Autumn Chill Customer Service who will settle the refund.
IV. DELIVERY
Autumn Chill exercises the utmost diligence in accepting and processing orders and will endeavor to deliver your order in accordance of available delivery option.
Autumn Chill endeavors to dispatch orders in the fastest possible time and in the order in which they are placed. We aim to deliver within 1-2 business days following confirmation of an order. Though we aim to deliver within the communicated time frame, delivery may take longer due to unexpected events.
Before you place your order, you will be informed of the expected delivery details. Once you have placed your order you will receive an email confirmation with your expected delivery details.
If your order does not arrive by the scheduled date, please contact Autumn Chill Customer Service. Please visit our customer service pages for further information.
V. PAYMENT METHODS
You can pay for your goods as set out below.
– Payment before delivery
– Debit card or Mobile Banking
– Cash on Delivery
– Cash upon Pick-up
You can transfer your payment at the time you place your order manually. We accept valid debit card (VISA or Mastercard) that could able to transfer to our BPI and BDO account. We also accept GCash, PayPal, Cash on Delivery, and Cash upon Pick-up. Your order will be delivered once your order is ready. Autumn Chill reserves the right to check the validity of the debit card, its credit status in relation to the order value and whether the address data of the purchaser is correct. We may refuse orders depending on the result of these checks. Please note that any applicable bank charges will be borne by you.
Please note that we are unable to accept gift cards and merchandise cards as forms of payments via ezarcodesign.wixsite.com/autumnchill.
You will receive the legally required invoice document in the Delivery Confirmation e-mail.
VI. OUR LIABILITY
Nothing in these Terms shall exclude or limit Autumn Chill's liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability.
Autumn Chill accepts liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. If we breach these Terms, we shall only be liable for losses which are a reasonably foreseeable consequence of such breach.
Autumn Chill is not responsible for indirect losses which are a side effect of the main loss or damage, for example loss of profits or loss of opportunity; or for failure to deliver the goods or to meet any of our other obligations under these Terms where such failure is due to an event that is beyond our reasonable control, which includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident and terrorist activity.
Our maximum liability to you for any loss or damage arising in connection with your order on ezarcodesign.wixsite.com/autumnchill shall be limited to the total price of your order.
VII. GUARANTEE
If there are defects in the goods you have purchased, Autumn Chill abides by all statutory guarantee regulations. If you have a complaint regarding ingredients used or manufacturing faults in goods that we have supplied, including damage incurred in transit, please let us know in order for us to improve our service and get more aware of such mistakes.
VIII. ASSIGNMENT
Autumn Chill reserves the right to assign or pledge to third parties any claim(s) for payment which have arisen in connection with the delivery of goods.
IX. OWNERSHIP OF RIGHTS
All intellectual property rights, such as trademarks and copyrights at ezarcodesign.wixsite.com/autumnchill remain with Autumn Chill, Ezar Co Design Group, and its subsidiaries or licensors. Any use of ezarcodesign.wixsite.com/autumnchill, our social media platforms (such as Facebook, Twitter, and/or Instagram), or their contents, including copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of Autumn Chill.
X. SEVERANCE
This Agreement constitutes the entire agreement between you and Autumn Chill with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings and undertakings with respect to the subject matter hereof. Modifications may be made only by Autumn Chill. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon notice to you of such termination or amendment. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. The Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines, excluding its conflicts of laws principles. You shall not assign this Agreement without Autumn Chill’s prior written consent. Termination of this Agreement will not relieve you of any payment obligations hereunder. Sections I, II, III, IV, V, VI, VII, VIII, and IX shall survive this termination of this Agreement according to their terms. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. Autumn Chill shall not be liable for failure to perform any of its obligations hereunder by reason that are beyond its reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disaster, war embargo, and/or riots or acts of terrorism.
In the event a dispute shall arise between the parties to this contract, it is hereby agreed that the dispute may be referred to a state or provincial office for arbitration in accordance with the applicable Philippine Arbitration and Mediation Rules of Arbitration at Autumn Chill discretion. If Autumn Chill decides to arbitrate, the arbitrator’s decision shall be final and legally binding and judgment may be entered thereon.
CLASS ACTION WAIVER: BINDING ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS YOU MAY NOT JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
XI. NOTICE TO THE CITIZENS OF REPUBLIC OF THE PHILIPPINES
Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and Republic of the Philippines law generally. The provisions in these Terms do not apply to you and are not intended to vary, diminish or alter your rights under the Republic of the Philippines law: specifically, nothing in these Terms limits, varies, diminishes, affects, or otherwise voids or alters your rights under Philippine law as they relate to the following: limitations of liability or exculpation (such as limitations on indirect, incidental, special, exemplary, consequential or similar damages); dispute resolution; indemnification; venue or jurisdiction; statutes of limitation or repose periods for bringing claims; and plain language requirements. Your rights regarding these specific provisions will be governed by the Republic of the Philippines law. In the event of any conflict between these Terms and the Republic of the Philippines law, the Republic of the Philippines law shall govern.