Terms of service

 

Welcome to Char Dining Delivery Website! Our Delivery Website is hosted on Shopify Inc. They provide us with the delivery e-commerce platform that allows us to sell our products and services to you.

Read me before ordering:            

By placing an order, you confirm:

a. that you are at least eighteen (18) years old and capable of consenting to a contract.

b. that you agree to these Terms of Service along with our Privacy and Return Policy which may be accessed at charphilippines.com.

c. that Char Dining reserves the right to modify any part of these Terms of Service by posting updates to this website. Your continued use to the website following the posting of any changes constitutes acceptance of those
 
Definition of Terms
                                                                   

Customer – refers to the buyer of any Product sold on the Delivery Store. Also designated in these Terms of Service as “you”. 

Delivery Store – refers to the internet website www.charphilippines.com.

Order – refers to a single Product chosen for purchase by Customer and communicated to Char Dining using the form provided by the Delivery Store. Should several Products be listed in a single form, each product is considered as as one order. 

Product – refers to an item sold on the Delivery Store. 

Char Dining – refers to Char Dining Philippines Inc.

Terms of Service – refers to the terms and conditions stated herein.    
              

Product Price

The price for any Product ordered using this Delivery Website shall be the price listed on the Delivery Store at the time the Order placed is received by Char Dining. Said price may vary in other platforms. All prices are subject to taxes unless otherwise stated. Char Dining reserves the right to change the product price at any time without any reason nor prior notice. 

Order Placement, Processing, and Acceptance

To place an order through this Site, you will be asked to create an account which will require your personal information, including but not limited to, name, delivery address, telephone or mobile number, email address and a password. You must keep your password confidential. If another person used your account with or without your knowledge any order made shall be considered yours and charged to you.

If you wish to order as a guest, the Site will require your name, telephone or mobile number and delivery address on every use of the ordering platform, but will not retain your personal information.
Each Order of a Product shall be subject to Char Dining’s acceptance at its sole discretion. Char Dining reserves the right to limit or cancel quantities purchased per customer, or to decline or cancel an order for any reason at any given time. 
 
Any Order made shall be deemed accurate, complete, unconditional and irrevocable. Subject to Char Dining’s discretion, you may request to revise or cancel an order and Char Dining will strive to accommodate your request on a commercially reasonable effort basis. 
 
Additional verification calls and messages may be required to proceed with your order. Non-response to SMS and calls from either store, or delivery rider may result to late or non-delivery and may not be taken against Char Dining.
 

Payment 

Payment shall be made through any of the payment modes allowed by Char Dining. However, your payment will only be credited when Char Dining accepts your Order. Char Dining may impose additional terms or change the payment modes at any time in its discretion. 

You agree that you are subject to the user agreement of your chosen payment mode and that you may not hold Char Dining liable for any failure, disruption or error made by the service provider of your chosen payment mode. 

Char Dining will prepare an invoice upon acceptance of the Order and will deliver it along with the Product. 

If you fail to pay pursuant to the terms and conditions of the payment mode you chose or your payment is cancelled for any reason, Char Dining shall have the right to cancel or hold the delivery of the Product without prejudice to any other right or remedy.     
                                                                                        

Delivery 

The Product shall be delivered to the address specified in your Order. A delivery shall only be made within specified areas in Metro Manila. Once designated, the place of delivery shall not be changed unless Char Dining expressly agreed.

The charges for packing and delivery shall be as stated in the Order form. 

Delivery of a Product is subject to the availability of the Product and other events beyond the control of the Char Dining and delay may occur such that the delivery period stated is a mere estimate. You acknowledge that you shall not hold Char Dining liable should there be delay in the delivery of your Product. 

Should the delivery of the Product fail due to your fault or negligence, Char Dining may terminate the Order without waiving any of its rights or remedies.  

Inquiry or Complaint 

Should you have any question, you may contact Char Dining via info@charphilippines.com.

Immediately upon discovery, you must contact Char Dining as stated above and notify it of your complaint regarding any
of the following: 

  1. the Product delivered is not the product you ordered; 
  2. the Product delivered is incomplete; 
Char Dining shall endeavor to reply and act on your complaint within a reasonable period of time. Should the circumstance provided in Clause 5.2 (a) or in Clause 5.2 (b) be applicable to you and there was a mistake or error in the product delivered, Char Dining at its discretion may replace the Product or refund to you the price paid for such Product.        
                                                    
Limitation of Liability 

Char Dining shall, in no event, be liable to you for indirect, incidental, punitive, special, or consequential damages, or damages for loss of profit, revenue, or use, arising out of or in connection with these Terms of Service. To the extent permitted by law, Char Dining’s liability for damages arising out of or in connection with these Terms of Sale shall not exceed the purchase price of the product.    
                                                                                                     
Cancellation

Subject to Char Dining’s discretion, you may request to cancel the Order and Char Dining will strive to accommodate your request on a commercially reasonable effort basis. 

Without prejudice to any other right, Char Dining may cancel the Order by notifying you at any time should any of the following happen or be present: 
  • the Product becomes unavailable;
  • there was a mistake or error in the price listed for the product; or, 
  • you wrongfully neglect or refuse to accept the Product or you are in breach of any other obligation under these Terms of Service. 

 

General Provisions 

Entire Agreement. These Terms of Service constitute the full and complete agreement between you and Char Dining. Should there be a prior agreement, representation, or understanding, written or verbal, this Agreement shall supersede it. 

Revision. Any revision, waiver, or cancellation of any term or condition in these Terms of Service must be in writing. 

Language. Any communication between you and Char Dining shall be made in the English/Filipino language. 

Governing Law. This Agreement shall be governed by and interpreted under Philippine laws, which shall prevail in the event of any conflict of laws. 

Severability. Should any part of this Term be declared contrary to law or unenforceable, then such part shall be deemed severable from the rest of the Terms and the remaining parts deemed in full force and effect. 

Venue. Should there be any dispute arising from or in relation to these Terms of Service, both you and Char Dining agree that a complaint shall only be filed in the proper court or quasi-judicial agency located in Makati City, Metro Manila