Candypie, Inc. (LCP)
LCP is a trade name of CANDYPIE, INC., a company incorporated in the Republic of the Philippines. LCP’s registered address is 5F Pacific Star Building Sen. Gil Puyat Street Makati City 1220
LCP may modify the TOS from time to time. Please read the TOS and check periodically for any updates. The revised terms and conditions shall apply to the use of our Site from the date of publication of the revised terms and conditions on the Site, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required by law to make the change.
To use some of the services or features made available to you on this Site, you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address firstname.lastname@example.org. LCP may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify LCP immediately of any breach of security or unauthorized use of your account. LCP may not be held liable for any damage or loss on account of your failure to notify us immediately of any breach in security or unauthorized use of your account.
Eligibility to purchase
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct, and you confirm that you are the person referred to in the Billing information provided.
The site is available only to individuals and others who meet the LCP terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to LCP, whose applications are acceptable to LCP and who have authorized LCP to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, LCP reserves the right to restrict multiple quantities of any item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where LCP feels it is necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
Furthermore, you agree that LCP may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability, and items placed in your shopping basket are not automatically reserved.
LCP offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, LCP may be waiting for shipments from its designer suppliers. Consequently, you may from time to time be asked to make an advance payment for certain items subject to an advance purchase. This will ensure that your order is given priority once designer stock has been delivered to LCP. LCP will only take advance purchase orders for stock that has been scheduled for delivery by a designer supplier. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
Items received into stock may be pre-allocated to satisfy advance payment orders and customers making advance payments will receive items in priority to customers on the waiting list or customers ordering through the site for immediate delivery. Please be aware that LCP may be unable to deliver selected advance payment merchandise due to unavoidable and/or unexpected production problems or quality check issues identified when we receive an order into stock. In these circumstances, we will notify you by email and refund the advance payment to your credit/debit card within thirty (30) days of being advised that the merchandise ordered has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, LCP will exert best efforts to notify you by email within forty- eight (48) hours of the product becoming available on the Site but LCP disclaims any and all liability for failure to notify you about product availability. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
LCP will store a record of your transactions for a minimum of one (1) year.
Prices shown on the Site are in Philippine Pesos (PhP), and US Dollars (USD $).
To ensure that the most accurate pricing, taxes and delivery costs are displayed, we recommend that you click on the link at the top of our website and select your country from the list of shipping destinations.
Taxes and duties are calculated according to your shipping destination and itemized on the Order Summary page.
Most countries are shipped on a DDP (Delivery Duty Paid) basis, which means that all relevant import taxes and duties will be included in the product price.
The following countries are shipped to on a DDP (Delivery Duty Paid) basis:
- Czech Republic
- New Zealand
- Puerto Rico
- San Marino
- Saudi Arabia
- South Africa
- South Korea
- United Arab Emirates
- United Kingdom
- United States
If a DDU (Delivery Duty Unpaid) destination is selected, product prices displayed are exclusive of all taxes and duties. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to. Import duty or tax costs will be invoiced to you directly by DHL brokerage or an import broker appointed by you, [OMLaw6] and payment of these is necessary to release your order from the pertinent customs authority on arrival. As LCP will be unable to advise you of the amount before any assessment, LCP will always seek your confirmation by email prior to dispatching a DDU order. Please look out for this email to ensure timely dispatch of your order.
The PhP and US Dollars price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.
Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
If you are a customer whose credit/debit card is not denominated in PhP or US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
Sale price adjustment policy
LCP is happy to offer a Sale Price Adjustment on items purchased up to seven (7) days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your LCP account in the form of a store credit which will be valid for 2 Months
LCP is unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
Acceptance of your order
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and LCP will be completed when LCP emails you to confirm the goods have been dispatched. The sale contract is therefore concluded in Metro Manila, Philippines and the language of the contract is English. Neither LCP’s third party payment processor nor its nominated courier has the authority to accept an order on behalf of LCP.
LCP reserves the right not to accept your order in the event, for example, that LCP is unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy LCP quality control standards and has been withdrawn, or that you do not meet the eligibility criteria set out in the TOS.
LCP may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. LCP will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Neither LCP nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Whilst every effort is made to make sure details on LCP’s website are accurate, LCP may from time to time discover an error in the pricing or description of products. If LCP discovers an error in the pricing of a product in your order, LCP will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, LCP will contact you by email or telephone to inform you that LCP has not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, LCP shall refund the full amount as soon practicable. In the event that products are recalled in transit, LCP will process your refund once the products have been returned to LCP in good orders.[OMLaw9]
Payment can be made by Visa, MasterCard, and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal. [OMLaw10] When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to LCP.COM. Payment will be debited and cleared from your account upon dispatch of your order by LCP. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to LCP, LCP will not be liable for any delay or non-delivery.
LCP takes reasonable care to make its Site secure. All credit card transactions on this site are processed using Globe Charge, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered LCP user, LCP will securely store your credit/debit card details on its systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
Furthermore, we take reasonable care, insofar as it is in LCP’s power to do so, to keep the details of your order and payment secure, but in the absence of negligence on its part, LCP cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
LCP Printed and Virtual Gift Cards are sold subject to the following terms and conditions:
- Gift Cards can be redeemed against all products on the Site.
- Gift Cards are non-transferable and may not be returned or redeemed for cash.
- If your order total is less than the value of the Gift Card, the remaining balance will be credited to your account and may be redeemed against subsequent orders. You may check your Gift Card balance online via your My Account page.
- If your order exceeds the value of the Gift Card and you have existing store credit on your account, this will automatically be redeemed[M11] to cover the remaining balance. All remaining balances exceeding the value of your gift credit or store credit must be paid by credit or debit card.
- If you return products you have purchased using a Gift Card, the remaining balance will be credited to your account as store credit and may be redeemed against subsequent orders. You may check your Store Credit balance online via your My Account page.
- Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.
- LCP is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
- LCP is not responsible if a Gift Card is lost, stolen, destroyed or used without permission, and cannot be held liable therefor.
- LCP reserves the right to cancel a Gift Card if LCP deems such action necessary.
- Promotion codes cannot be applied to the purchase of Gift Cards.
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
Returning your purchase
Making a return for a refund, store credit, or exchange is easy using LCP’s Returns service. Please click on the following link: LCP Return and Exchange Policy.
Intellectual property rights
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including LCP Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by LCP and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purpose of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. LCP tries to ensure that the information on this site is accurate and complete. LCP does not promise that LCP's Content is accurate or error-free. LCP does not promise that the functional aspects of the Site or LCP's Content will be error free or that this Site, LCP Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up-to-date virus checking software installed.
The personal opinions of the designers and labels whose products LCP sells, or any third parties with whom LCP is associated are their own and do not necessarily reflect the views of LCP and LCP accepts no responsibility for any such views expressed in any media.
No commercial use
This site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site.
You must not:
- Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
- Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
- Access or otherwise interact with our website using any robot, spider or other automated means;
- Violate the directives set out in the robots.txt file for our website; or
- Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
If LCP determines that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, LCP may deny you access to this Site on a temporary or permanent basis.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
Third party sites
LCP may include hyperlinks on this Site to other websites or resources operated by parties other than LCP, including advertisers. These links are provided for your convenience to provide further information. They do not signify that LCP endorses the website(s). LCP has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor is LCP responsible for the availability of such external websites or resources, and is not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources. It is your responsibility to investigate the safety and suitability of any activity, and the credentials and fitness of any third party guide, vendor or service provider.
Limits on liability
Nothing in the TOS is intended to affect your rights under the laws of the Republic of the Philippines. If LCP breaches the TOS, LCP shall only be liable for losses which are direct losses arising from such a breach. Notwithstanding anything to the contrary contained herein, you agree that you shall not be entitled to recover, and hereby disclaims and waives any right that you may otherwise have to recover, consequential or incidental damages as a result of any breach or alleged breach by LCP of this TOS.
- LCP is not responsible for losses not caused by its breach or gross negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and LCP (for example, loss of profits or loss of opportunity).
- LCP is also not responsible for failure to meet any of its obligations under the TOS where such failure is due to events beyond its reasonable control.
- LCP will not be liable to you in respect of any loss or corruption of any data, database or software.
- LCP will not be liable to you in respect of any special, indirect or consequential loss or damage.
At our request, you agree to compensate us fully, defend us, and hold LCP harmless immediately on demand, its officers, directors, shareholders, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and LCP as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of LCP, and LCP shall not be liable for any representation, act, or omission on your part.
If you breach the TOS and we take no action against you, LCP will still be entitled to use its rights and remedies in any other situation where you breach the TOS.
Complaints and governing law
If you have a complaint about us email email@example.com giving full details including date of purchase and order reference number, where applicable, and your full name and address and contact details. The TOS together with all of LCP’s policies and procedures will be governed by and construed in accordance to the laws of the Republic of the Philippines and the courts in Makati City, Philippines will have exclusive jurisdiction.
We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
To the maximum extent permitted by law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
If a provision under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, it is understood that the other provisions will continue in full force and effect.