1. Tots On Fleek as totsonfleek.com (“I”, “me”, “myself”, “my”, “we”, “our” or “ourself”) provides the services available on the website to you subject to the following terms and conditions. By accessing or using the site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
2. If you have any questions regarding the website or these terms and conditions, you can email us at: hello [at] totsonfleek [dot] com
3. These Terms apply from 1 September 2016.
These terms and conditions are a legal agreement between us and apply to your use of my website. You must read and accept all the terms and conditions contained in this agreement prior to buying goods from me.
5. All orders placed by you is subject to my acceptance. I reserve the right at all times and in my sole discretion to refuse to accept an order for any reason and without liability to you.
6. Orders may only be placed by individual customers purchasing goods other than for resale.
7. After purchasing with me, I will send you an order acknowledgement by email with details of the item you have purchased and shipping schedule. No payment shall be considered to have been received until we have received payment in cleared funds and a copy of the transaction / deposit slip is provided by email or mobile chat.
8. You may browse my website without registering but when you place your first order you will need to register with it and complete certain fields on my order form.
9. You should not disclose or transfer your username or password to any other person and you must notify me immediately if you become aware of any unauthorized use of your username and password. Without prejudice to my rights, I may suspend your access to the website without liability to you if in my reasonable opinion such action is necessary to safeguard my website.
10. Before you submit your order you will be given the opportunity to review your selection, check the total price of your order and correct any errors. Your order represents an offer by you to purchase items selected by you.
11. If items shown on my website is not available or are incorrectly priced or incorrectly described, I shall not be obliged to sell you the items as shown.
12. I reserve the right to change my pricing at any time and without any previous notice for the items offered on my website.
13. It is highly important that you check carefully the quantity of goods that you order from me. I will deliver what you order.
Descriptions and Product Information
14. I have made every effort to describe the items and its condition as accurately as possible. However, due to differences in monitors I am unable to guarantee that the color you see on your monitor will reflect the true color of the item and its condition. If you have any questions about it, you may of course email me through the contact page or send a chat message via Viber.
15. totsonfleek.com warrants that the goods that you buy will at the time of delivery to you correspond to the description given by totsonfleek.com. Every description or specification of the item I sell is given in good faith based upon information received by me from my source.
16. No statement, description, information, warranty, condition or recommendation contained in any catalogue, price list, advertisement or communication made verbally by anyone, any seller, other than myself shall be construed to enlarge, vary or override in any way any of the provisions of these Terms.
17. Except where you buy as a consumer, all warranties other than those set out above, conditions and terms relating to merchantability or condition of the goods, whether implied by statute or common law or otherwise are excluded.
18. All prices on the website are quoted in Philippine Peso (PHP). They include VAT payable but exclude delivery charges, which are detailed separately.
19. Please note that on all orders placed for delivery outside the Philippines, it is the customer’s responsibility to pay any import duties that may be applicable for deliveries within their own countries.
20. I may change the prices on the website at any time and without any notice.
21. I try to ensure that all prices given on the site are correct. However, mistakes can occur. If I have quoted an incorrect price on the site and if the correct price is lower than that quoted, I will automatically assume that you wish to continue with your order. However if the correct price is higher than that originally quoted, I will contact you to ask if you still want to order the goods.
You confirm that the PayPal account that is being used is yours or that you are authorized to use it. Furthermore, you confirm that payment deposited / transferred to our bank account or money remittance sent through Palawan Pawnshop, or LBC is made by you or with your approval.
22. I will process all orders for on hand items within 1-3 working days after payment confirmation. For MTO items, I will advise you as soon as your order is finished. If there is any reason for delay, I will notify you as soon as possible.
23. Orders will be sent to the shipping address that you have submitted on your order form. I cannot be held responsible if that shipping address is incorrect.
The items will go by LBC Express either by land, sea or air, depending on your location. At times I may use other courier when practicable.
24. I reserve the right to select the best delivery option for you depending on your location. Any delivery time scales quoted to you are indicative only. Whilst I use only reputable delivery companies I do not accept any liability for delayed delivery caused by any third party.
Flat rate: 205 Php Nationwide
Transit time is 2-3 days Luzon & Visayas, 3-7 days for Mindanao.
Refunds and Exchanges Policy
26. I hope you will be totally satisfied with anything you buy from my website. I endeavor to avoid any mishaps and issues between us and I expect that you do your part. You must inspect all goods delivered to you immediately on receipt and in any event within 3 days of delivery.
27. You must within 3 days of delivery notify me and provide ample photos of any alleged defect, damages, shortage or other shortcoming in the goods which shall otherwise be deemed to have been delivered in accordance with your order.
28. In case of damage to the goods during transit, I offer a replacement, rebate or refund where applicable provided that I am notified within the allotted period of 3 days upon receipt. The refund can only be made via bank deposit or Paypal account used when paying for the order. I will email / message you when the item has been received and will inform you when the funds has been deposited to your bank or transferred to your Paypal account. This is normally within 7 days upon decision was made.
29. Returns are accepted only upon careful inspection of the damage determined by us. We require photos to prove your claim, if possible taken under daylight and emailed to us within 3 days upon receipt of the item. We reserve the right to decide whether we will replace or refund your payment. Refunds are applicable only for cases where we are not able to replace the item due to lack of materials.
Custom orders cannot be replaced as it a product made for you upon your request. We can only repair the item if you notify us also within 3 day period.
30. Please notify me prior to returning an item, please also include your PayPal transaction ID (If PayPal is the mode of payment), full name and reason for return. I will respond to you with a return address. We will not accept returns without prior notification.
31. Please wrap your parcel in its original packaging and securely to avoid damage in transit back to me. Please note we cannot accept an item for refund / replacement if it has been damaged in transit to me. You are advised to insure the parcel when sending items back.
A damaged item during transit will not be exchanged nor will a refund be made.
Title, Risk and Limitation of Liability
32. Title of the goods will be transferred to you on delivery.
33. Once an item has been received by you, all risks of damage to or loss of the items bought by you will pass to you.
34. To the full extent allowed by law you accept and agree that I shall not be liable to you or to any other person for any loss or damage (including consequential or indirect loss or damage), loss of revenue or profits (howsoever described) whether direct or indirect howsoever caused and arising out of your use of my website and from any item that you use.
35. Nothing in these Terms, shall limit or exclude my liability for personal injury or death caused by my negligence.
Trademarks, Copyright, Intellectual Property
36. Tots On Fleek mark remain the exclusive property of TOTSONFLEEK and is protected by International and Philippine copyright and other intellectual property laws.
37. totsonfleek.com does not accept any responsibility whatsoever for any celebrity endorsements in the Press articles displayed on this website. Any articles that have been reproduced here as they were originally printed and written by the original publisher unless otherwise stated. Any false claims or endorsements are the responsibility of the original publisher.
38. totsonfleek.com’s coupon scheme is operated at my discretion. I have the right to cancel the scheme at any point in the future. I will provide my customers with 2 weeks advance notification of such a cancellation and at the point of cancellation I will not be bound to make good any unused coupons held by my customers. Coupons cannot be exchanged for cash. Products purchased with coupons may not be returned unless faulty. Although most items will usually be available for purchase with coupons we retain the right to withdraw certain goods from the scheme or change the exchange value or amount of coupons available on items. If a customer account is cancelled by totsonfleek.com under these terms and conditions, the customer has no recourse to claim reimbursement for or redemption of points in the account at the time of closure. Any decision made by totsonfleek.com about the allocation or redemption of coupon is final.