Important Notice: Please expect delays in order processing and deliveries due to nationwide community quarantine conditions. Thank you for your understanding.
We have stated on our site, the terms and
conditions
that apply when you use our website. Rustan Marketing Specialists, Inc. (RMSI) reserves the right to
modify
these terms and conditions from time to time. By accessing the site, you agree to be bound by the
terms
and
conditions in effect when you access the site, as shown in this section.
Please read these Terms and Conditions and the
Privacy
and Cookie Policy carefully before you start to use our website.
CREATING YOUR PERSONAL ACCOUNT
You may create your personal account to make
it
more
convenient for you to order products using our website.
When you register, any personal data that you
provide
us with during the registration process will be stored in our database and need not be entered with
each
new
order; it will be entered into the order form automatically.
To register, you must supply us with the
following
information via the online registration form: your first name, surname, address, date of birth,
email
address and delivery address. Once you click on the 'Register' button, this information will be
stored
in
our customer database.
We will only use the stored data in accordance
with
our Privacy Policy, which can be accessed here. Please ensure that
the
details you provide us with are correct and complete and inform us immediately of any changes to the
information that you provided when you registered.
After registering for a personal account, you
will
automatically be sent an email that your account has been created. Your email address will act as
the
user
ID for your account. During the registration process you will be asked to create your own password.
You
will
be given the opportunity to change the password when you log in to your account.
You must keep your user ID and password
confidential
at all times, and not make them available to any other person.
You agree to comply with all security
directions
and/or recommendations given by us and inform us immediately if you become aware of or suspect any
unauthorized use of your account or if your account becomes available to an unauthorized
person.
Without prejudice to our other rights and
remedies, we
may suspend your access to our website without liability if, in our reasonable opinion, such action
is
necessary to safeguard our website. You will be responsible for any misuse of your user ID and
password,
including the placing of any order.
YOUR PERSONAL DATA
By entering information on our website you
represent
and warrant that you are using your actual identity, and all information you provide is true,
accurate,
current and complete as at the time you provide us that information.
If you find that the information transmitted
is
incorrect or no longer valid, it is your responsibility to change it. We will not be liable for any
errors
that may result in your submission of incorrect information.
You consent to information about the device
you
use to
access our website being collected and processed for fraud prevention purposes and we may use third
parties
(and information they provide) to help us prevent fraud or unauthorized access to our
Website.
When you visit the website or send emails to
us,
you
are communicating with us electronically. We will communicate with you by email or by posting
notices on
the
website.
For contractual purposes, you consent to
receive
communications from us electronically and you agree that all agreements, notices, disclosures and
other
communications that we provide to you electronically satisfy any legal requirement that such
communications
be in writing.
The personal information that you provide to
us
whilst
using our website will only be collected and used in accordance with our Privacy Policy, which can
be
accessed by clicking here.
OUR CONTRACT
Your order constitutes an offer to us to buy
the
products you select from our website. All orders are subject to availability and will not constitute
a
binding contract of sale until accepted by us. As soon as this offer is accepted by us by sending an
“Order
Processing Email”, your order forms a binding contract of sale between you and us as further set out
below.
Purchases made on the website must be for your
personal use or for gifting and are not to be used for resale, commercial purposes or any other
commercial
benefit. We reserve the right to refuse orders for multiple quantities of an item ordered by you or
ordered
to any one postal address.
ORDERING FROM OUR WEBSITE
You may select items from our range of
products,
details of which will be added to the "Shopping Bag" by clicking on the 'Add to Bag' button. By
clicking
on
the 'Checkout' button, you initiate the checkout process for the products added to the Shopping Bag.
By
clicking on the 'Pay now' button you submit an offer to buy the products in the Shopping Bag and
agree
to
pay for those items.
Before placing an order you can view and amend
your
order details at any time by clicking on the 'View Bag & Checkout' button.
When you place your order to purchase products
from
our website, we will automatically send you an email confirming receipt of your order and containing
the
details of your order (“Order Confirmation Email”). We recommend that you print out the Order
Confirmation
Email and keep it for your own records. The Order Confirmation Email does not constitute our
acceptance
of
your order; it merely records the fact that we have received the order.
We may, at our sole discretion, choose not to
accept
your order for any reason which may include unavailability of the product, detection of possible
fraud,
or
any other reason that we deem appropriate. For orders that were not processed or were canceled, we
will
either not charge you, or refund you the total amount paid.
We will send you a second email when we
dispatch
your
products which shall constitute our acceptance of your order (“Order Processing Email”), at which
point
a
binding contract of sale will be concluded between you and us.
Any products in the same order which we have
not
confirmed in an Order Processing Email do not form part of that contract. If for any reason the
products
ordered by you are not available at the time you placed your order, we will notify you of this email
through
a notification of the cancellation of your order.
If you have paid for the unavailable item/s,
we
shall
request for a reversal/refund from your chosen payment gateway. If some of your chosen items are
available,
you will receive a separate email with an updated order number and a breakdown of items for
shipment.
Our acceptance of your order in the Order
Processing
Email is limited to the products that are available - no contract of sale will be concluded in
respect
of
products that are not available. We will retain the title in the products until full payment has
been
received by us.
DELIVERY LEAD TIME
Our standard delivery lead time is 5-7
business
days
for delivery addresses within Metro Manila and 10-18 business days for provincial orders. It may
take
slightly longer to deliver products to very remote areas. We will endeavor to deliver all products
you
have
ordered within our standard lead times.
Our standard delivery lead time is not
guaranteed.
Whilst we will do our best to deliver your products within the period of time defined in #1 above,
sometimes
it may take longer than expected.
If your order has not been received within our
specified lead time, kindly contact us through email at custserv@marksandspencer.com.ph
or
call us at +632 8830 5000 (Mondays thru Sundays 9AM to 6PM) to check the status of your order. All
delivery
lead times are subject to delays caused by seasonal or busy periods, weather, community quarantine
restrictions and other unforeseen circumstances, though we will do everything we reasonably can to
get
your
order to you on time. Please note that during exceptionally busy periods (e.g., Christmas), or when
the
weather is particularly inclement, we may need additional time to process and deliver your
order.
Please note that the delivery company may
require
a
signature on delivery. Delivery personnel may not leave products without your signature on the
Delivery
Order.
We only deliver products to the locations
listed
on
our website checkout form.
Where you have ordered multiple products, we
may
sometimes need to deliver your products in more than one delivery/package.
Your order will be sent to the delivery
address
that
you have given on your order form. We are not responsible if that delivery address is incorrect or
incomplete.
PRICES AND DELIVERY FEES
All of the prices listed on our website
include
the
currently applicable Value-Added Tax (VAT).
The prices shown on our website are stated in
Philippine pesos and exclude delivery fees.
Our delivery fees for the first 3Kg is P150.00
for
Metro Manila and P200.00 for provincial addresses. Additional charge of P65.00 per Kg shall be
applied
on
top of the delivery fees for the first 3Kg.
Delivery fee is applied per order
transaction.
PAYMENT
Payment for your products must be made via
Credit
Card
or Debit Card or other payment methods that we may offer and announce in the future. The full
payment
price,
including delivery fees and any additional charges for services you may have ordered, will be
debited
from
your card/account.
You confirm that the credit or debit card
being
used
is not stolen, simulated, or a fraudulent account. All credit or debit cardholders are subject to
validation
checks and authorization by the card issuer. If the issuer of your card refuses to authorize
payment, we
will not accept your order and we will not be responsible for any delay or non-delivery and we are
not
obliged to inform you of the reason for the refusal. You may contact your issuing bank for more
information.
We reserve the right to ask for photos of your
credit
or debit card and/or your valid government-issued ID, or any other document to verify your online
payment
details at any time before delivery of your orders.
CLICK & COLLECT
We offer Click & Collect option for your
orders on
our website. When you select the Click & Collect option, you may pick-up your online order from
our
select physical stores within Metro Manila.
If the product you ordered for Click &
Collect
is
available in your selected store, your order will proceed. Otherwise, you may opt to select another
store
where the product is available or proceed with the delivery option.
We accept the following payment options for
Click
& Collect: Prepayment or Pay-in-Store.
When you select ‘Prepayment’, you will be
redirected
to the checkout page and to a secure payment gateway. When you opt to ‘Pay-in-Store’, your payment
will
be
transacted upon pick-up of your order at your selected store. Gift receipts could only be provided
for
pay-in-store transactions.
An email confirmation with your order details
will
be
sent to your email address. Your Click & Collect order is subject to preparation lead time by
the
selected store and will be available for pick-up 24 to 48 hours after completion of your online
order.
You
will receive another email when your order is ready for pick-up. You are given up to 72 hours from
your
receipt of the ready-for-pick-up email notification to collect your order.
If you are not able to collect your Click
&
Collect order within 72 hours from receipt of the ready-for-pick-up email notification, your order
will
be
automatically cancelled.
For uncollected prepaid Click & Collect
orders
within the 72-hour deadline, please contact our customer service at custserv@marksandspencer.com.ph
or
call us at +632 8830 5000 (Mondays thru Sundays 9AM to 6PM) for further instructions on how to
proceed
with
your prepaid Click & Collect order.
Online and offline promotions are applicable
to
Click
& Collect orders following the preferential price at the time of pick-up.
RETURNS
You can only return to us products which have
been
purchased directly through this website and delivered to your address. If you purchased your
products at
a
physical M&S store, or from another website, the products must be returned to the original store
or
site
from which they were purchased.
Orders made thru Click & Collect may be
returned
to the store where they are collected or to any physical M&S store.
Unless the product is faulty, misdelivered, or
damaged
upon receipt, we shall only accept returns if it is made within 30 days from purchase date and the
product
to be returned should be unused, unaltered, not damaged, still in saleable condition and with
original
tags/swing labels and packaging.
Return of the following items shall not be
accepted:
Damage caused by extensive use of the
product
and
normal wear and tear
Damage caused by wrong use of cleaning
products or
washing instructions
Damage caused by customer’s improper
handling
Merchandise already altered
Merchandise from a multi-pack or
set
Merchandise purchased outside the
Philippines
Sale and promo merchandise
Food and wine
For hygiene reasons: toiletries, socks,
tights,
hosiery, lingerie, jewelry
Counterfeit products
If for any reason you are not
happy
with
your products, please follow our returns procedure. We reserve the right to reject the return of
products
which are not returned in accordance with our conditions and/or returns procedure and we may request
that
you pay for the shipping of such products back to you unless the products are faulty, misdelivered
or
damaged.
In case you used a promo code on
your
order, please note the value of the promo code is divided up proportionately to the item
price.
In case of return and you opt for a
refund,
you
will
receive the amount you paid for the returned item where the promotion or discount was
applied.
If you opt for an exchange, the promotion
or
discount
will no longer apply for the replacement item and the amount you actually paid shall be credited
to
the
cost
of the replacement item.
You shall pay for any deficient amount if
the
replacement item costs more or we shall refund you the price difference if the replacement item
costs
less.
RETURNS PROCEDURE
Right of Return. You have the right to
return
and exchange purchased products for the following reasons:
Change of Size – the product
you
ordered
does not fit you
Wrong Item – the product you
received
was not what you have ordered
Damaged Item – the product
you
ordered
was damaged or faulty upon receipt
Items may be returned within 30
days
from the date of delivery or pick-up from store (for Click & Collect orders).
In returning products, please
follow
the
guidelines below. We reserve the right to reject any product returns if the following guidelines are
not
met:
Keep the original packaging.
Please
reuse the packaging your order was shipped in to proceed with the return.
Please return your articles
in
mint
condition, without them being worn or washed.
The sole of the shoes has to
be
clean
and intact and the perfume's packaging still sealed.
All of the packaging (e.g.,
plastic,
boxes), accessories (e.g., glasses case) and/or user manual have to be returned and the product
labels
must
be attached to the items as sold.
For returns of orders fulfilled thru delivery:
We will shoulder the
shipping
costs
incurred in returning the product and delivery of the replacement for returns due to wrong or
damaged
products received.
For change of size, we will
shoulder
the
shipping costs incurred in returning the product and delivery of the replacement if the product
ordered
is
at regular price. Please note that change of size can only be requested once.
Shipping costs incurred in
returning
the
product and delivery of the replacement shall be shouldered by you for subsequent change of size
request
and/or if the product to be returned for size change is on sale or at promo price.
Please contact our customer
service
by
email: custserv@marksandspencer.com.ph to declare the items you wish to return. We will send you
a
return
form for you to fill up and send back to us to process your return request.
Normally parcels are
returned to
us
within 8 working days but on some occasions returned parcels may be delayed. Please allow up to
15
working
days from receipt of your return request before contacting us. It is important to note that
refunds
can
take
up to one month to be completed due to the time an inquiry with our logistics service and
carrier
company
may take. We thank you for your understanding.
For returns of Click & Collect orders, you may visit any of our physical M&S stores. We will accommodate
your
returned item subject to the conditions stated herewith.
Refund:
In cases of refund, your
refund
will
be
processed and paid no later than thirty (30) days after we receive the returned products from
you.
We
may
withhold reimbursement until we have received the products back from you.
Your refund will be paid
using
the
same
method of payment as was used by you to pay for the order.
The amount that we will
refund
shall
be
net of any applicable voucher or shipping costs, where applicable, based on our return
policies.
COLORS AND SELECTION
We make every effort to display
the
colors of our products included on this site as accurately as possible.
Although we have made every
effort
to
display the colors accurately, we cannot guarantee that a device's display of the colors accurately
reflects
the color of the products. Products featured on this site may vary slightly from those
images.
ALL PROMOTIONS
All promotions are subject to
the
terms
and conditions subject to the website terms and conditions and the terms and conditions of the promo
as
seen
on the offers page.
We reserve the right to limit
quantities
purchased.
All promotions are for a limited
period,
and the dates covered by the promotion are listed on this site.
Various promotions may have
minimum
purchase amount requirements. Those requirements are set forth as part of the online promotion
description.
Unless otherwise stated as part
of
the
promotion description, all promotions require a purchase.
All promotions are void where
prohibited
by law.
FREE ITEMS
Items received "free" may not be
replaced or exchanged and are not subject to refund.
You may receive one or more
"free"
items
with each online transaction subject to the terms and conditions of the promotions in effect at the
time
of
the transaction.
When you receive a "free" item
as
part
of a promotion, you are not charged shipping or handling fees for that "free" item.
CONTENTS OF THIS SITE AND YOUR USE OF THE CONTENT
This site includes materials in
many
formats, including images, illustrations, audio clips, video clips and text. All information are
protected
by copyrights that are owned by RMSI, or by someone who has licensed the material to RMSI. You may
not
copy,
download, reproduce, republish, upload, post, transmit or distribute in any way materials from this
site.
You also may not modify the materials or use the materials for any purpose other than your own
personal,
non-commercial, home use. Modifying or using the material in any other way is a violation of the
copyrights
and other intellectual property rights of the material owner. You also are prohibited from using the
material on any other web site or networked computer environment.
You will see various symbols
(e.g.,
®,
™) next to material on this site. These marks show that the material is a registered or unregistered
mark of
RMSI or someone else. Nothing in this site grants you any license or right to use any marks
displayed on
this site without the written permission of the owner of the mark. You are strictly prohibited from
misusing
any of the marks or other materials on this site.
RUSTAN MARKETING SPECIALISTS, INC. (RMSI)
This site,
www.marksandspencer.com.ph,
is controlled and operated by RMSI, from its office located at 4/F Urban Bldg. 405 Sen. Gil Puyat
Ave.,
Makati City. You may contact Customer Service by phone at +8830-5000 (9:00 AM – 6:00 PM, Mondays
thru
Sundays) or by email: custserv@marksandspencer.com.ph.
RMSI makes no representation
that
the
information in this site is appropriate or available for use in locations other than the
Philippines. If
you
choose to access this site from a location outside the Philippines, then you do so on your own
initiative
and you are responsible for complying with any applicable local laws.
INFORMATION THAT YOU SUBMIT TO RUSTAN MARKETING SPECIALISTS, INC. (RMSI)
We welcome your comments
regarding
our
merchandise and services, and about our website. Any notes, messages, ideas, suggestions or other
material
that you send to us will become the property of RMSI.
We may use the material in any
way
we
choose for as long as we choose without any restrictions. By sending us the material, you agree that
we
have
the right to publish the material for any type of use including promotional and advertising purposes
and
that we do not owe you any compensation for using the material.
Because we have an unlimited
right
to
use whatever you send us without paying you any compensation, please do not send us any original
creative
materials such as artwork, stories, slogans or product designs.
LIMITATIONS ON THE LIABILITY OF RUSTAN MARKETING SPECIALISTS, INC. (RMSI)
Save as expressly set out
herein,
all
conditions, warranties and obligations which may be implied or incorporated into these Terms by
statute,
common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the
extent
permitted by law. That said, this does not affect the Terms which are included as a matter of custom
and
we
acknowledge that we are under a legal obligation to supply products in accordance with the contract,
supply
products which are of satisfactory quality, reasonably fit for the purpose, and as described.
We only supply the products in
the
and
Website for domestic and private use. You agree not to use the product or the Website for any
commercial,
business or resale purposes. We will not be responsible for any business loss (including loss of
profits,
loss of revenue, loss of contracts or loss of goodwill) that you suffer as a result of our breach of
these
Terms, use of our Website or our negligence.
This Website is provided by us
on an
'as
is' and 'as available' basis. We make no representations or warranties of any kind, express or
implied,
as
to the operation of this Website or the information, content, materials, or products included on
this
Website. It is expressly agreed by you that your use of this Website is at your sole risk.
We do not accept any liability
for
damage to your computer system or loss of data that results from your use of the Website and we do
not
guarantee that the Website will be available uninterrupted and in a fully operating condition nor
that
the
information on the Website itself will be free from errors or omissions (however, we will use
reasonable
endeavors to correct any errors or omissions as soon as practicable once they have been brought to
our
attention).
When you order products from the
Website, our aggregate liability to you for any loss or damage arising in connection with these
Terms
shall
be limited, in respect of each claim, to the purchase price of your order.
We are not responsible for any
delay
or
failure to comply with our obligations under these Terms if the delay or failure arises out of any
event
which is beyond our reasonable control. Such events shall include, for example, failure of
infrastructure,
government intervention, epidemic/pandemic, wars, civil commotion, hijacking, fire, flood, accident,
storm,
strikes, lockouts, terrorist attacks or industrial action affecting us or our suppliers. This
condition
does
not affect your statutory rights.
If an event beyond our
reasonable
control as described above takes place that affects the performance of our obligations in relation
to
products ordered from the Website under these Terms with you:
We will use reasonable
endeavors
to
reduce the impact of any such event on the performance of our obligations;
We will contact you as soon
as
reasonably possible to notify you; and
Our obligations under these
Terms
will
be suspended and the time for performance of our obligations will be extended for the duration
of
the
event.
Where the event affects our delivery of products to you, we will arrange a new delivery date
with
you
after
the event is over.
You may cancel the contract
formed
with
us which is for the purchase of products by you from the Website affected by an event which is
beyond
our
reasonable control, and which has continued for more than 30 days. To cancel, please contact
us.
While we take steps to prevent
misuse of
our systems, we cannot warrant that the Website will be free of viruses or other malicious code and
accept
no liability for loss or damage caused by the transmission of such code. We recommend that you
always
use
up-to-date firewalls and anti-virus software to protect your equipment and data.
It is not possible for us to
review
all
Websites which are linked from the Website (or linked to the Website), and you should therefore take
care
when following any link. We cannot accept liability for any loss or damage that may be suffered as a
result
of following any links.
FEEDBACK AND COMPLAINTS POLICY
We welcome any comments about
our
service so that we can improve what we are doing. Our aim is to deal with any problems quickly and
fairly.
If you have reason to complain about our services, please call or email our customer services team
stating
clearly that you are making a complaint. Our aim is to respond to your complaint within seven (7)
working
days, either resolving the complaint or with a timescale for resolution.
If you wish to contact us, you
can
reach
us by email at custserv@marksandspencer.com.ph
or
by phone at +8830-5000 (9:00 AM – 6:00 PM, Mondays thru Sundays).
ALTERATION OF SERVICE OR AMENDMENTS TO THE TERMS
We reserve the right to make
changes
to
our Website, policies, and these Terms at any time.
Your usage of the Website and
your
orders will be subject to the policies and Terms in force at the time that you use the Website or
that
you
order products from us unless any change to those policies or these conditions is required to be
made by
law
or government authority (in which case it will apply to orders previously placed by you).
If any of the provisions of
these
Terms
are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable
and
will
not affect the validity and enforceability of the remaining conditions.
TERMINATION OF AGREEMENT
These Terms and Conditions will
continue
as an agreement between us until we terminate them, which we may do at any time without notice to
you.
We also may terminate your right
to
use
this site immediately and without notice to you if, in our sole discretion, you fail to comply with
any
of
these Terms and Conditions. If we do terminate your right to use this site, then you are no longer
authorized to access or use any of the benefits of this site.
In addition, the restrictions we
have
imposed on you concerning copying or downloading information, and the disclaimers and limitations or
liabilities that we have stated in the Terms and Conditions, will survive our termination of the
agreement.
The Terms and Conditions that we
have
stated in this site are the entire agreement between us relating to each of the issues discussed in
those
Terms and Conditions.
PRIVACY AND COOKIE POLICY
Our Privacy and Cookie Policy
explains
what personal information we collect about you when you use our website, and you can view our
Privacy
and
Cookie Policy here. You can also read
about
M&S’ accessibility policy here.
Please note that when you agree
to
these
Terms and Conditions you shall be deemed also to have read and understood our Privacy and Cookie
Policy
in
its entirety.
