These Terms of Use (“Terms”) shall govern your access and use of the Platform and of the services therein.  The term “Platform” pertains to the website operated by Fabriano SpA Inc.  (“We” or "Us" or “Our”) at cuisinart.ph, including the mobile versions and mobile applications made available by us, if any. By continuing to access or use the Platform and/or any of the services therein, you represent that you are at least 18 years old and you have read, understood and agree, without limitation or qualification, to be bound by these Terms and our Privacy Policy.  If you do not agree to these Terms, please do not access and/or use the Platform or any of the services therein.

General

In using the Platform and the services therein, you agree to: 

1. do so only for its intended and lawful purposes;
2. ensure that all information or data you provide in the Platform are accurate and agree to take sole responsibility for such information and data;
3. be responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account, whether such activity is authorized or not. You should notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of your account has been compromised or if there has been any unauthorized use thereof;
4. not try or attempt to try to interrupt or harm the Platform, its operations, services, facilities or software in any manner;
5. not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; and
6. not use or upload any material that contains, or which you have reason to suspect contains, viruses, worms, trojan horses, spyware, adware, damaging components, malicious code or harmful or disruptive components which may impair or corrupt the Platform’s data or damage or interfere with the operation of the Platform.

Registration and Account Security

To access and use the Platform, you are required to register and create an account. However, we have the absolute discretion to refuse your registration and/or to terminate the same for any reason whatsoever at any time with or without notice. 

Upon registration: 

1. You must provide us with accurate, complete and up to date registration information; and
2. We are authorized to assume that any person using the Platform with your username and password is either you yourself or is authorized to act in your behalf.

You are responsible for safeguarding your username and password that you use to access the Platform and for any activities or actions under your password. You shall be liable for every order made under your login and as such, agree to indemnify us for all claims, losses, damages whatsoever arising from the actions of a person in connection with the access and use of the Platform using your login details.  

At any time, we may request you to update your username and/or password. We shall not be liable or responsible for any losses suffered by you arising out of or in connection with or by reason of such request or due to any invalidation in username or password, regardless of cause.

Products, Pricing, Content and Specifications

We do our best to provide you with an accurate description of the products featured on the Platform (collectively, the “Products”), but we cannot assure you that such description, color, information or other content available are accurate, complete, reliable, current or free from error. Some Product descriptions may include weight, measurements and other descriptions, but they are just approximate figures provided for your convenience only. We make all reasonable efforts to accurately display the attributes of the Products, including the available colors. However, the color you see in the Platform, catalogues and social media pages may differ from actual color, depending on your mobile device, computer system, monitor and/or other display features.

We may, at any time, change the price and other specifications of the Products.

Placing an Order

You may place your order by clicking the “Buy now” or “Add to my cart/bag” or other similar button, and proceeding to the checkout page.   By clicking the “Buy now” or “Add to my cart/bag” button or “Check out” or similar button, you are effectively submitting your offer to buy a particular Product, which we may accept or reject. You shall be responsible for ensuring the completeness and accuracy of the information provided for the order placed.

Restrictions, Limitations or Conditions of Purchase

We may, without prior notice, limit the quantities sold in the Platform, cancel any order at any time, and/or refuse service to any customer. We will notify you through the email address or contact number you provided for any cancellation or change status in your order. We may also require verification of information prior to the acceptance and/or shipment of any order.

Payment

All prices indicated in the Platform are in Philippine Peso.  Most major credit and debit cards, such as, Visa, MasterCard and JCB are accepted. When you pay using your credit or debit card, you will be redirected to another website owned and operated by an independent payment gateway service provider, which shall collect and process your financial information pursuant to its own terms and policies. We do not retain credit card information and credit card numbers are encrypted when transmitted over the internet.

The payment gateway service provider will confirm whether the payment is successful or unsuccessful.  Contact your credit/debit card provider for details if payment is unsuccessful. Payments not made within 20 minutes of clicking the “Check-Out” button will automatically expire and be considered closed.

If you fail to make any payment pursuant to the payment method selected or payment is cancelled for any reason whatsoever, we will cancel the order and suspend delivery of the Products until payment is made in full.

Invoicing

We will issue a physical sales invoice upon delivery or pick-up of the products purchased.

Shipping, Delivery and Store Pickup Limitations

When an order is placed in the Platform, you have the following options:

• Delivery

We have engaged independent service providers to deliver the Products to the shipping address you have specified during checkout process. To avoid delay or cancellation of delivery, you have to ensure that you are compliant with the independent service provider’s shipping restrictions and its terms and conditions. Present the Order Confirmation email to receive delivery. If you will not be personally available to receive your delivery, please provide an authorization letter and a government-issued ID to an authorized representative for timely releasing of your order.

• Store Pickup

Products purchased which are for store pickup are subject to store/branch’s pick-up guidelines and restrictions and can be collected from store/branch’s upon presentation of the Order Confirmation email as listed below:

• Metro Manila: 4 working days after receipt of Order Confirmation email
• Luzon Area: 8 working days after receipt of Order Confirmation email
• Visayas & Mindanao Areas: 25 working days after receipt of Order Confirmation email

Delays may unfortunately occur due to high volume of orders, logistics limitations, geographic restrictions, inclement weather and other instances that are beyond our control. However, we will do our best to prepare your orders and have them ready for your pick up or deliver them the soonest we can.

Warranty and After Sales Service

Terms and conditions stated in the warranty card shall apply. Please always ask or check for Warranty Card, if available. Warranty is provided by the product’s manufacturer and distributor, not by the store.

For repair and after sales service, you may bring the item to 103 Mercedes Ave., Brgy. San Miguel, Pasig City.  You may also contact us at cuisinartphilippines@gmail.com.

Return Policy

Return and exchange of Products are subject to our Return and Exchange Policy.

Termination of Account and Platform Services

We may suspend or terminate your account or your use of the Platform at any time, for any reason. We reserve the right to change, suspend, or discontinue all or any aspect of the Platform at any time, without prior notice. However, you are personally liable for any orders or charges that you incur prior to termination or suspension of your account and/or Platform services. 

Accuracy of Information

Our Platform may contain typographical errors or inaccuracies and may not be complete or current. As such, we may correct any errors, inaccuracies or omissions (including after an order has been submitted) and change or update information at any time without prior notice. Such errors, inaccuracies or omissions may relate to pricing and availability, and we may cancel or refuse to accept any order placed based on incorrect pricing or availability of information.

Intellectual Property

All information and content available in the Platform, including but not limited to, trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") are our property or the property of our parents, subsidiaries, affiliates, partners or licensors, and are protected by international laws, including laws governing copyrights and trademarks.  

Except as required under applicable law, neither the Content nor any portion of the Platform may be used, reproduced, duplicated, copied, sold, resold, accessed, or modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent. Nothing contained in the Platform grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Platform, without our written permission or such third party owner, as may be applicable.

Third Party Links

From time to time, the Platform may contain links to websites, applications, or online or digital sites or services that are not owned, operated or controlled by us or our affiliates, subsidiaries or partners. All such links are provided solely as a convenience to you and are not an endorsement by us, our parents, subsidiaries, our affiliates or our partners. If you use these links, you will leave the Platform and your use of the said links will be at your own risk. Neither we, nor any of our affiliates, subsidiaries or partners are responsible for any content, materials or other information located on or accessible from any other website, application, or online or digital site or service. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Platform, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions.

User Information

Other than Personal Data as defined under Republic Act No. 10173 (Data Privacy Act of 2012), which is subject to our Privacy Policy, any material, information, suggestions, idea, concept, know-how, technique, question, comment, feedback/review or other communication you transmit, upload, or post to or through the Platform in any manner ("User Communications") are and will be considered non-confidential and non-proprietary. We may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, deletion and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. However, we retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

Limitations on Liability

We, our parents, subsidiaries, affiliates or partners, or our/their respective directors, officers, employees, shareholders and agents will not be responsible or liable for any ordinary, direct, indirect, consequential, incidental, special, punitive or exemplary damages or any other losses or liabilities arising out of (a) the use or inability to use the Platform or any of its services, facilities, software, or information; (b) any decision made, action or inaction taken by any party in reliance upon the contents of the Platform; (c) business interruption; (d) delay/interruption in access to the Platform; (e) transmission blackout, data non-delivery, misdelivery, corruption, destruction or other modification; (f) loss or damages of any sort incurred as a result of accessing the third party links on the Platform; (g) computer viruses, system failures, malfunctions or any breach in connection with use of the Platform; (h) any information obtained from the Platform; (i) any delays, inaccuracies, errors in or omissions in the content of the Platform; (j) use of the Product; (k) delay in the delivery of the Product; and (l) breach by independent service providers. 

For the Product purchased, your sole remedy, if any, is with the manufacturer or supplier of the Product, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return or refund for such Products in accordance with our Returns and Exchange Policy.

Force Majeure

We shall not be liable for any loss or damage that result from causes over which it does not have control or is beyond its control. Such causes include, but are not limited to (i) the failure of electronic or mechanical equipment or communication lines; (ii) bugs, errors, configuration problems or the incompatibility of computer hardware or software; (iii) the failure or unavailability of Internet access; (iv) unauthorized access, theft or operator error; (v) war, insurrection, riot, civil commotion, act of God, accident, fire, water damage, explosion, power interruption, strike or other stoppage of labor; (vi) any law, decree, regulation or order of any government or government body. We shall also not be responsible for any damage to your computer, software, or other property resulting in any way from the use of the Platform.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines. 

Revisions to the Terms of Use

Our online services will continue to evolve to bring you new features and services and to implement technological advances. As a result, we may change these Terms from time to time without prior notice. Revised versions of these Terms will be posted on this page, together with an updated effective date. In some cases, we may also send an email or other communication notifying users of the changes. You should check this page periodically to see if there are any recent changes to these Terms. By downloading, installing, accessing or using any of our online services after we post any such changes, you agree to the updated Terms. Your continued use of any our services shall be deemed as acceptance of any of the revisions.

If you have any questions relating to the Platform, you may send a message to us via Contact Us page.