WEBSITE TERMS & CONDITIONS

     

  • ABOUT OUR TERMS AND CONDITIONS
    1. 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.
    2. Please read these Terms and Conditions and the Privacy and Cookie Policy carefully before you start to use our website.

  • CREATING YOUR PERSONAL ACCOUNT
    1. You may create your personal account to make it more convenient for you to order products using our website. 
    2. 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.
    3. 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. 
    4. 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.
    5. 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. 
    6. You must keep your user ID and password confidential at all times, and not make them available to any other person. 
    7. 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.
    8. 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
    1. 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.
    2. 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.
    3. 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.
    4. 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. 
    5. 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.
    6. 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
    1. 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.
    2. 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
    1. 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.
    2. Before placing an order you can view and amend your order details at any time by clicking on the 'View Bag & Checkout' button.
    3. 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.
    4. 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.  
    5. 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.
    6. 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. 
    7. 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. 
    8. 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
    1. 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.
    2. 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. 
    3. 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.
    4. 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. 
    5. We only deliver products to the locations listed on our website checkout form.
    6. Where you have ordered multiple products, we may sometimes need to deliver your products in more than one delivery/package.
    7. 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
    1. All of the prices listed on our website include the currently applicable Value-Added Tax (VAT).
    2. The prices shown on our website are stated in Philippine pesos and exclude delivery fees. 
    3. 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.
    4. Delivery fee is applied per order transaction.

  • PAYMENT
    1. 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. 
    2. 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. 
    3. 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
    1. 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.
    2. 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.
    3. We accept the following payment options for Click & Collect: Prepayment or Pay-in-Store. 
    4. 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.
    5. 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.
    6. 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. 
    7. 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.
    8. Online and offline promotions are applicable to Click & Collect orders following the preferential price at the time of pick-up.

  • RETURNS
    1. 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. 
    2. Orders made thru Click & Collect may be returned to the store where they are collected or to any physical M&S store.
    3. 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.
    4. 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
    1. 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.
    1. 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
    1. 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
    1. Items may be returned within 30 days from the date of delivery or pick-up from store (for Click & Collect orders).
    1. 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.
    1. 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.
    1. 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
    1. We make every effort to display the colors of our products included on this site as accurately as possible. 
    1. 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
    1. 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.
    1. We reserve the right to limit quantities purchased.
    1. All promotions are for a limited period, and the dates covered by the promotion are listed on this site.
    1. Various promotions may have minimum purchase amount requirements. Those requirements are set forth as part of the online promotion description.
    1. Unless otherwise stated as part of the promotion description, all promotions require a purchase.
    1. All promotions are void where prohibited by law.

  • FREE ITEMS
    1. Items received "free" may not be replaced or exchanged and are not subject to refund.
    1. 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.
    1. 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
    1. 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.
    1. 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)
    1. 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.
    1. 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)
    1. 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. 
    1. 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. 
    1. 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)
    1. 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.
    1. 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.
    1. 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.
    1. 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).
    1. 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.
    1. 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.
    1. 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.
    1. 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.
    1. 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.
    1. 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
    1. 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.
    1. 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
    1. We reserve the right to make changes to our Website, policies, and these Terms at any time. 
    1. 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). 
    1. 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
    1. 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. 
    1. 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. 
    1. 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. 
    1. 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
    1. 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
    1. 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.