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 accessedhere. 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 clickinghere.
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.
Liquor products are only available for
individuals who are of legal age (18 years old and above). By purchasing liquor products, you
guarantee that you are of legal age and would be asked to present a valid government ID upon
delivery. Minors (below 18 years old) are strictly prohibited from purchasing such beverages
containing alcohol.
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 atcustserv@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 atcustserv@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 already used/consumed
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 theoffers 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 atcustserv@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 Policyhere. You can also read
about M&S’ accessibility policyhere.
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.
