Terms and Conditions
Thank you for visiting www.shophavaianas.ph. Throughout the site, the terms “we”, “us” and “our” refer to Havaianas. These are the terms and conditions governing the use of this website and the transactions and dealings with us arising from the use of this website. These Terms set out the rights and obligations of all users in relation to the goods and/or services we offer through this website.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
USE OF OUR WEBSITE
By using this website and by placing an order through this website, you acknowledge that you have read these terms and unconditionally accept the same. You also agree that:
- You may only use the website to make legitimate orders. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You will not make any speculative, false or fraudulent orders.
- You will provide correct and accurate personal information to us. You, likewise, acknowledge that we may use these details to contact you, if necessary.
- If you do not give us all information that we need, we may not be able to complete your order, or to address your inquiry.
- You must not transmit any worms or viruses or any code of a destructive nature.
By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
The products we offer on our website are only available in the Philippines.
FORMATION OF THE CONTRACT
Our website does not, in any way, contain an offer for sale but rather an invitation to make an offer. A contract of sale shall exist only upon our acceptance of your order.
To place an order, you must follow the online shopping process and press the “Place Order” button to submit your order. You will thereafter receive an e-mail acknowledging our receipt of your order (the “Order Confirmation”). Your order constitutes your offer to buy products from us.
All orders are subject to our acceptance and we will confirm our acceptance by sending you an e-mail confirming that the product has been dispatched for delivery (“Shipment Confirmation”). The contract of sale (“Contract”) will only be formed when we send you the Shipment Confirmation. The Contract will cover only those products whose delivery has been confirmed in the Shipment Confirmation. We are not bound to deliver products until the delivery of such products has been confirmed in a separate Shipment Confirmation.
AVAILABILITY OF PRODUCTS
All orders for products are subject to availability. In the event of supply difficulties or non-availability, we may give you information about substitute products of an equal or higher quality and value, which you can order. If you do not wish to order such substitute products, we will refund any payments made by you for the non-available products.
REFUSAL OF ORDER
We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. We, likewise, reserve the right to refuse to process an order after we have sent you an Order Confirmation, at any time, and at our sole discretion. We will not be liable to you or any other third party for the foregoing reasons.
Subject to availability, and unless there are any exceptional circumstances, we strive to deliver the products in the Shipment Confirmation by the delivery date indicated in the Order Confirmation or, if no estimated delivery date is specified, within fifteen (15) days from the date of the Order Confirmation. Delay in the delivery may be caused by the following, among other exceptional circumstances:
- Unforeseen circumstances such as natural calamities and weather disruptions, accidents, civil disturbances, and other similar circumstances
- Shipping service interruptions
- Access to delivery area
- Incomplete address indicated by customer or no one to receive the order
- Peak season and holidays
- Customization of products
- Specialized items
If we are unable to deliver the products ordered after two (2) attempts, we will contact you explaining the attempts to deliver. We will agree when and where the products should be delivered after the two (2) attempts. All shipping costs incurred after the first delivery shall be charged to you and should be settled before we attempt to deliver again.
RISK AND OWNERSHIP
At the time of delivery, risk of loss and/or damage to the products will be transferred to you. Ownership over the products will only be passed to you when we receive full payment of all sums due from you, including delivery charges.
If there is an error in the price of any product you ordered through our website, we will inform you thereof as soon as possible and give you the option to reconfirm the order at the correct price or to cancel the order. If we are unable to contact you, the order will be cancelled. Any payments made on the cancelled order will be refunded in full.
The prices displayed on our website include VAT but exclude delivery costs, which will be added to the total amount due. We reserve the right to change our pricing without notice.
Once you finish shopping, and all items you wish to purchase are added to your shopping cart, you must go through the checkout process and make payment as follows:
- View your cart and check out (click “Proceed to checkout”).
- Fill-in completely your name, delivery address, invoicing address, contact details.
- Shipping cost will be computed based on your delivery address and size/weight of your order.
- You will then be directed to a secured payment gateway.
You can pay using Visa, Mastercard, or Paypal or over-the-counter. To minimize the risk of unauthorized access, we will encrypt your card data. Once we receive your order, we will request pre-authorization on your card to ensure there are sufficient funds available to complete the transaction. The charge to your card will be made the moment you submit your order.
By authorizing payment, you are confirming that the card belongs to you. Cards are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
All purchases done through the web site are subject to Value-Added Tax (VAT).
Only the following can be accepted for exchange for merchandise purchased at www.shophavaianas.ph.
- Wrong item (item sent to you is not what you ordered).
- Item sent has missing or incomplete parts.
- Item sent is defective.
You should report concern by sending an email at firstname.lastname@example.org within fifteen (15) days upon receipt of your order. Item should be in new condition, never been used, and in the original packaging along with all accessories and should have been purchased from www.shophavaianas.ph. You must return the item to us so that we can examine and evaluate it. If item is found to be defective, has missing parts or is not what you ordered, you will be sent a replacement within fifteen (15) working days. All shipping costs incurred will be shouldered by Havaianas.
Havaianas reserves the right to reject returns that we reasonably believe to be worn or damaged through improper use. If this is the case, no replacement will be issued and the item will be returned to the customer at the customer's expense.
LIABILITY AND DISCLAIMERS
Our liability in connection with any product purchased through our web site is strictly limited to the purchase price of that product.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or in our licensors. You are not permitted to use this material unless expressly authorized by us or our licensors.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
All notices given by you to us should be given to us via our web form. We may give notice to you through either the e-mail or postal address you provided us when you placed an order. Notice will be deemed received and properly served immediately when posted on our website, 48 hours after an e-mail is sent, or five (5) days after the date of posting of any letter.
TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between us is binding on you and us and on our respective successors-in-interest and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to You, whether expressed or implied.
FORTUITOUS EVENTS OR FORCE MAJEURE
We are not liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by fortuitous events or force majeure. Such events shall include any act or event beyond our reasonable control and shall include the following, among others:
- Strikes, lock-outs or other similar disturbances.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters or calamities.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
Our failure to enforce at any time any provision of these Terms or to exercise any of our rights or options, or to require at any time performance of any of your obligations under these Terms or under a Contract, shall not be construed to be a waiver of such provisions and shall not affect the validity of the Contract between you and us. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
UPDATING OUR TERMS
Contracts for the purchase of products through our site will be governed by Philippine law. Any dispute arising from, or related to, such Contracts shall be subject to the jurisdiction of Philippine courts.