1. GENERAL CONSIDERATIONS AND SCOPE
2. MEMBERSHIP OF GERALD.PH
3. USE OF GERALD.PH
4. CONTRACTUAL PARTNERS, LANGUAGE AND CONCLUSION OF CONTRACT
5. PRICES AND DELIVERY FEES
6. REPLACEMENTS AND REFUNDS
7. PAYMENTS
8. VOUCHERS AND PROMOTIONS
9. DELIVERY
10. RIGHT TO CANCEL ORDERS
11. RETENTION OF TITLE
12. LIABILITY
13. SERVICE AND COMPLAINTS
14. DISCLAIMER FOR HYPERTEXT LINKS
15. DATA SECURITY
16. IMAGE RIGHTS AND INTELLECTUAL PROPERTY
17. GENERAL PROVISIONS
18. SUBSCRIPTION PROGRAM POLICY
1. GENERAL CONSIDERATIONS AND SCOPE
1.1 GERALD.ph INC (Tin no.: 010-484-918-00000) located at BJS Compound # 1869 P. Domingo Street Brgy, Makati, Metro Manila, Philippines operates on the Internet portal Gerald.ph, an online shopping/e-commerce site (hereinafter “Gerald.ph”). References to “we”, “our” and “us” are references to Gerald.ph
1.2 Members of Gerald.ph (hereinafter referred to as “members”, “member” and “you”) will be offered goods. The offering on this site is only directed at end users of legal age. By accepting these Terms and Conditions and becoming a member of our e-commerce site, you warrant that you are 18 years old or over and that you can form legally binding contracts under applicable law. If you do not qualify, you must not use our services.
1.3 These terms and conditions are applicable to all contracts entered into between Gerald.ph and members as well as to all general business relationships between Gerald.ph and its members. Gerald.ph does not accept any other terms and conditions unless explicitly stated otherwise. If periods are stated in business days, these include all weekdays except Saturday and Sunday and all statutory holidays.
1.4 Gerald.ph reserves the right to cancel orders to remote areas or to request additional delivery fees to cover the cost.
2. MEMBERSHIP OF GERALD.PH
2.1 Offers on Gerald.ph are available only to members who register on Gerald.ph. Membership is free of charge and can be cancelled at any time upon the member giving written notice to Gerald.ph via email to [email protected].
2.2 Every member will receive password-protected direct access to Gerald.ph. Only members have the right to access the online offers on Gerald.ph.
3. USE OF GERALD.PH
3.1 When registering as a member of Gerald.ph, you will be asked to submit personal data in accordance with clause 14.1 below. You are responsible for ensuring that the data is complete and correct. After you have completed the registration process, you will receive confirmation of your registration by email and a password, which will provide you with access to the online services on Gerald.ph. You are obliged to treat this password and any other access data as confidential and protected from access by unauthorised third parties. Gerald.ph reserves the right to refuse registration without giving reasons.
3.2 You have the opportunity to publish your own content on Gerald.ph (e.g. ratings). You guarantee that your own content does not interfere with or violate the rights of third parties (such as privacy or intellectual property rights). In this regard, you fully indemnify Gerald.ph against any claim by third parties. By publishing content on Gerald.ph, you grant Gerald.ph exclusive rights of use over such content without restriction, including transfer to a third party. Gerald.ph is entitled to store or release content, and reserves the right of cancellation, reduction, modification or correction of such content.
3.3 You may not use Gerald.ph other than for its intended purpose or disrupt or manipulate any technical processes. If you do anything that is to the detriment of Gerald.ph or other members, your membership will be immediately revoked.
3.4 You are only permitted to register and use one membership account at a time. Gerald.ph will delete multiple registrations.
3.5 In the password-protected area on Gerald.ph you can access your recently shipped and/or completed orders. In this area you can also change, administer and save your own data and potential subscriptions of newsletters.
3.6 Gerald.ph reserves the right to issue a warning, to terminate your membership or to modify or delete content you have submitted if you violate any of the provisions of this clause 3. Any claims for damages by Gerald.ph remain unaffected.
4. CONTRACTUAL PARTNERS, LANGUAGE AND CONCLUSION OF CONTRACT
4.1 All contracts entered into on Gerald.ph are between you and Gerald.ph.
4.2 Gerald.ph is operated in English; Gerald.ph contracts are concluded exclusively in English.
4.3 The offer of goods on Gerald.ph is not a binding offer but merely an invitation to make an offer. By submitting an order by clicking "order" you make a binding contract offer. After submitting your order, you will receive a confirmation email from Gerald.ph.
4.4 While we work hard to fulfil all your orders, accepting your order is not a legally binding obligation for us to fulfil the order. The confirmation email does not constitute acceptance of the contract, which is only deemed accepted once goods have been shipped. When ordering multiple items, the acceptance of the contract applies only to goods actually shipped.
4.5 In cases where prices are displayed incorrectly on Gerald.ph due to technical errors, Gerald.ph reserves the right to cancel any contract in relation to the incorrectly priced items. The burden of proof regarding an error lies with Gerald.ph. Payments already made will be refunded immediately.
4.6 Photos displayed show suggestions of how the product could be cooked and displayed, as well as the appearance of final product to be purchased. Members must take note that it is the photo of the actual product which represents the item that can be expected upon delivery.
4.7 Due to screen resolution, however, the image of a product may vary slightly in colour to the actual colour of the product.
5. PRICES AND DELIVERY FEES
5.1 For orders on Gerald.ph, the prices that are listed at the time of your order on the product page apply. The prices are final prices inclusive of VAT (where applicable) and all other price components excluding shipping costs.
5.2 The standard fee per single delivery is PhP 90 for the following designated areas: Makati, Bonifacio Global City, Alabang, Merville, and Bicutan.
5.3. For orders to be delivered outside the designated areas listed above, Gerald.ph reserves the right to contact the customer with a new delivery or shipping quote. Click here for more information: http://shop.gerald.ph/delivery-and-payment
5.4. The delivery fee will be waived for single deliveries amounting to at least PhP 5,000 worth of orders for the designated areas listed in 5.2.
5.3 The total amount of the order quoted after the checkout process and in the order confirmation e-mail serves only as an estimate and is not the final invoice. The final invoice will be presented upon delivery of goods and may vary from the price presented at checkout and in the confirmation e-mail, subject to the computation of the actual pack weight delivered to the customer and any additional delivery fees outside the designated areas or delivery fee discounts, when applicable. The customer agrees to pay the final invoice amount upon delivery. For orders that have been prepaid online, the customer agrees to pay the difference upon delivery in cases of underpayment of the final invoice, and Gerald.ph will issue a cash or check refund of the difference of the final invoice upon delivery in cases of overpayment.
6. REPLACEMENTS AND REFUNDS
6.1 THE CONSUMER ACT OF THE PHILIPPINES, Republic Act No. 7394 April 13, 1992 implies into consumer contracts certain statutory conditions and warranties that cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier. Where there is a breach of such a warranty relating to goods or services, and the breach is in terms of the Law, a "major" failure, then the remedy will be limited to a cash refund at your election. In all other cases, a breach of such warranty will give rise to a cash refund at our election.
6.2 As supplier, we provide the following express warranties subject to the following terms and conditions:
We will refund or offer a purchase, if, for the purchase as the case may be (with us or you deciding and determining the action to be taken according to whether the failure is major or non-major, as stated above) in the circumstances and to the extent required under the Law if the item you receive does not match the sample or description, is substantially unfit for its intended or disclosed purpose or is not of acceptable quality (as defined in the Law), is unsafe, or if the alleged issue with the product is such that a reasonable consumer aware of the issue would not have acquired the product.
Where a refund is to be provided under the terms of this warranty, we may, to the extent permitted under the Law, require the return of the item to us before refunding it.
In cases where items need to be sent back, Gerald.ph will arrange for the pick up of items at the delivery address specified during the order.
Refunds will be issued in the form of shop credit, cash, check, by direct deposit, or via the credit card used in original purchase, at our discretion.
6.3 In order to obtain these remedies:
You must notify us within 48 hours for grocery items (non-bakery). Grocery items (non-bakery) items items include but are not limited to frozen goods, meat, seafood, fruits and vegetables, deli, wine, gluten-free items. No cancellation will be allowed for bakery items. Bakery items include but are not limited to pastries, and bread products. At least 75% of the ordered product must be intact. You must contact us at [email protected] and provide your proof of purchase, in the form of a receipt, order confirmation e-mail. Once contacted, we will advise the next course of action. We may require that the product be returned (even when partially consumed) for further inspection.
We will not accept product returns for no valid reason and when no prior contact has been made with us.
Except if and to the extent the Law requires otherwise, refund and reimbursement of freight costs will not be made until the original product is received by us and your claim is verified.
We aim to process refunds within 15 working days of receipt by us of the original product.
We will not refund or replace a product where, in our reasonable opinion, the product has, following sale to you, become of unacceptable quality due to negligence of food preparation and storage, tampering after unpacking.
6.4 Limitation of Liability: Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:
the replacement of the goods or the supply of equivalent goods;
the repair of the goods;
7. PAYMENTS
7.1 Payments may be made by credit card (Visa and Mastercard), cash or check upon delivery of the purchased item, or through credit card payment online. Gerald.ph reserves the right to exclude a particular payment method for individual products or to require payment by one payment method only.
7.2 Gerald.ph will charge credit card payments to your credit card immediately after receipt of an order.
7.3 All prices quoted on the site are inclusive of Value Added Tax (VAT). Unless otherwise stipulated on the Site, all charges are stated in Philippine Pesos.
7.4 The total amount of the order quoted after the checkout process and in the order confirmation e-mail serves only as an estimate and is not the final invoice. The final invoice will be presented upon delivery of goods and may vary from the price presented at checkout and in the confirmation e-mail, subject to the computation of the actual pack weight delivered to the customer and any additional delivery fees outside the designated areas or delivery fee discounts, when applicable. The customer agrees to pay the final invoice amount upon delivery. For orders that have been prepaid online using a credit card, the customer agrees to pay the difference upon delivery in cases of underpayment of the final invoice, and Gerald.ph will issue a cash or check refund of the difference of the final invoice upon delivery in cases of overpayment.
7.5 We process information about you in accordance with our Privacy Policy. By using the Website, you consent to such processing and you warrant that all data provided by you are accurate.
7.6 For online prepayments, you shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event, we shall not be bound to supply before we have received cleared funds in full. Your credit card payments will be received and processed by our Payment Service Provider. Depending on the results of a credit check, we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment.
7.7 If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.
7.8 You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
7.9 We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email or phone call other means, acknowledgement of your order by us is purely for information purposes and does not constitute the Confirmation of Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a "Confirmation of Order" stating that we are accepting your Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).
7.10 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact Customer Service at [email protected] immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
7.11 We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we reserve the right contact you and ask you to confirm that you wish to proceed at the amended price.
7.12 We undertake to deliver only those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.
8. VOUCHERS AND PROMOTIONS
8.1 Promotional vouchers, in the forms of codes, may be issued by us from time to time during certain promotions. Gift vouchers work like gift certificates which may be purchased from the Website.
8.2 These vouchers may be used as payments for items purchased on the Site.
8.3 We may email gift and promotional vouchers to you. We accept no liability for errors in the email address of the voucher recipient.
8.4 We assume no liability for the loss, theft or ineligibility of gift or promotional vouchers.
8.5 In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a voucher purchase or redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payment.
8.6 Conditions for the redemption of promotional vouchers:
9. DELIVERY
9.1 Deliveries will be made as indicated in the Gerald.ph delivery policies in the Delivery Policy.
Products as bakery and grocery items (non-bakery items) have specific delivery schedules as indicated in the Delivery Policy, and we follow a set schedule on processing preparation and delivery of these items. Members are informed of this during the order process at the “Payment Information” page and is also available the page cited above. As such, Gerald.ph excludes liabilities in the case that the member has a different expectation of when products will be delivered. Gerald.ph will issue no refund related to unmet expectation of time of delivery, outside the indicated product delivery schedule.
9.2 Deliveries will be made only within areas indicated in our Delivery Policy to the shipping address provided by you. It is your responsibility to ensure that it is possible to ship to the shipping address during normal business hours. If you change your address after you place your order, we cannot guarantee that your goods will be shipped to this new address and cannot cover any additional postage fees incurred. For non-couriered deliveries (ie non-fresh items), if you are not at home to accept your delivery or no access to a business address and it gets returned to us, we will contact you and charge a re-delivery fee for the order to be sent out again.
9.3 Gerald.ph does not assume any sourcing risk especially with reference to a purchase by description. Gerald.ph is only obliged to ship from existing stock or from stock ordered from suppliers. Gerald.ph’s shipping obligations cease to exist if Gerald.ph, through no fault of its own, does not receive goods in full or on time from suppliers, as long as Gerald.ph informs you as soon as practicable.
9.4 In cases of force majeure, shipping duration may increase within reason. Force majeure shall include strike, exclusion, official intervention, energy or resource scarcity, shipping difficulties, business complications such as fire or water damage to machinery, lightning or any other unforeseeable business complications for which Gerald.ph cannot be held responsible. Starting and ending points of such shipping impediments will be communicated to you as soon as practicable by Gerald.ph.
9.5 Gerald.ph reserves the right to cancel the contract should delivery fail two times due to the fault of the member. Payments already made will be refunded, excluding shipping costs.
9.6 Gerald.ph asks you to immediately inform the deliverer and Gerald.ph about obvious transport damage. Damage reported more than 7 days from receipt of items will not be recognised. Doing so has no influence on your warranty rights, but will help Gerald.ph to make its own claims against the supplier.
9.7 If an incorrect or incomplete address is entered into the system and your order is returned to us, a re-delivery fee will apply to ship out the order again.
10. RIGHT TO CANCEL ORDERS
Gerald.ph offers fresh and frozen items only such as meat, bakery, vegetable or seafood. We try our best to fulfill members’ orders as soon as they are placed to ensure the high quality of items upon delivery. As such, cancellation of order shall follow the following terms:
For Grocery items (non-bakery, frozen, gluten-free, etc.), cancellation is allowed no later than 48 hours before the scheduled delivery.
For Bakery items, cancellation is not allowed. Requests for cancellation will not be considered, after purchase is confirmed.
For online orders, order is considered confirmed when check out process has been completed: ‘Confirm’ button is clicked at checkout page. Order is considered confirmed whether or not confirmation e-mail has been received, read or acknowledged by client.
11. RETENTION OF TITLE
Ownership of the goods is transferred to the member upon full payment.
12. LIABILITY
Gerald.ph is liable only for intent and gross negligence, unless there are fraudulently concealed damages, damages for loss of life, limb or health or damage arising from any infringement of essential contractual obligations. The same applies to violations by Gerald.ph’s agents.
13. SERVICE AND COMPLAINTS
The satisfaction of our members is close to our hearts. Therefore we endeavour to deal with your concerns as quickly as possible and always provide you with our feedback after receiving your input. For service inquiries, please contact our customer service department at e-mail [email protected]
14. DISCLAIMER FOR HYPERTEXT LINKS
The website Gerald.ph may include hyperlinks to other Internet sites. Gerald.ph has no control over the content of these sites, nor does it endorse them or take responsibility for their content. Once Gerald.ph becomes aware of illegal content, Gerald.ph will remove the corresponding links from Gerald.ph.
15. DATA SECURITY
As part of your registration as a member on Gerald.ph you will be asked to provide personal data. This data is required by Gerald.ph to process the contracts concluded on Gerald.ph. All personal data is confidential and will be treated by Gerald.ph in accordance with relevant legislation and in accordance with our privacy policy. To safeguard your privacy in online payment transactions Gerald.ph uses the latest encryption techniques, such as the Secure Socket Layer (SSL). The SSL is an accepted standard protocol that ensures secure data exchange. All data used for your orders is submitted to Gerald.ph encrypted.
16. IMAGE RIGHTS AND INTELLECTUAL PROPERTY
16.1 All rights to use imagery on Gerald.ph lie with Gerald.ph or our partners. The use of the material - in whatever form - is prohibited unless explicit permission from Gerald.ph has been granted.
16.2 You acknowledge and agree that all material and information (such as data files, written text, computer software, music, audio files or other sounds, designs, photographs, drawings, videos or other images (hereafter referred to as the “Content”) that you may have access to on Gerald.ph is owned or controlled by Gerald.ph, except where stated otherwise.
16.3 You may not modify, adapt, rent, lease, loan, sell, distribute, or create derivative works based on the Content (either in whole or part) unless you have the express written consent of Gerald.ph. You should be aware that, in addition to the Content, other content on Gerald.ph, including sponsored content or advertising content, may be protected by intellectual property rights which are owned or controlled by the people or corporations who provided that content to Gerald.ph for inclusion on Gerald.ph (the “Supplier Content”). You may not modify, adapt, rent, lease, loan, sell, distribute, or create derivative works based on the Supplier Content (either in whole or part) unless you have the expressed written consent of Gerald.ph or by the owners of the Supplier Content, either in these Terms and Conditions or otherwise.
17. GENERAL PROVISIONS
17.1 Should any provision of this agreement be legally void, this does not invalidate the whole contract. Instead, the invalid provision shall be replaced with an effective provision with the same economic purpose. The same applies to possible gaps in this contract.
17.2 Gerald.ph reserves the right to amend these terms and conditions for future business. Excluded from this are unreasonable changes, especially pertaining to essential contract elements, such as the main benefits owed, which would be subject of a contract modification. Gerald.ph will publish any amended Terms and Conditions in a timely fashion on Gerald.ph.
17.2 These Terms and your use of the Website (and all non-contractual relationships arising out of or connected to it or them) shall be governed by and construed in accordance with Philippines law. You submit to the exclusive jurisdiction of the Philippines courts to settle any dispute which may arise under these Terms.
17. 3 These terms and conditions embody the entire agreement between the parties with respect to their subject matter and supersede any prior negotiations, arrangement, understanding or agreement with respect to the subject matter or any term of these terms and conditions.
18. SUBSCRIPTION PROGRAM POLICY
See Bakery Subscription Policy Page here.
Last Updated: December 14, 2015
Gerald.ph
[email protected]
