Terms and Conditions
This page sets out the terms and conditions ("Ts&Cs") governing all sales and purchases of goods effected through the online shop operated by Whiteplane Incorporated and/or its affiliates (hereinafter known as “WPI”) at https://www.dyson.ph (“Website”).
Your use of the Website and placing orders thereat shall be deemed to imply your acceptance of the Ts&Cs. All references in the Ts&Cs to “we”, “our” and “us” shall mean “WPI” and “Goods” shall mean the Dyson branded products.
These Ts&Cs are entered into between you and WPI, an authorized distributor of the Goods in the Philippines. The use of the Website and purchase of Goods through the Website is subject to and in accordance to the terms as set out in this Ts&Cs
1. Sales and Purchases
1.1. Subject to the Ts&Cs, we will sell and you shall purchase, the goods (“Goods”) in accordance with the order you placed through the Website (“Order”). All Orders are subject to availability and items in your shopping cart are not reserved and may be purchased by other customers prior to checking out.
1.2. We will only accept Orders for delivery within the Philippines.
1.3 We will sell and deliver the Goods to end user customers only. You agree and warrant that the purpose of the purchase hereunder is for your personal use as an end user, and not for resale of the Goods (or any part or component thereof) to any third party or otherwise whatsoever. We reserve the right to decline your Orders if we have reasonable grounds to believe that the purchase of the Goods is not for your personal use as an end user.
The Website is not intended for use by children. If you are under eighteen years of age, you must obtain the consent of your parents or legal guardian before disclosing any personal information or making any purchases from the Website.
2. Placing Orders
2.1. You may place an Order by filling in the electronic order form available on the Website (“Order Form”). Once an order number is assigned to you after your completion of the Order Form and submitting the order, you are deemed to have confirmed your Order.
2.2. Information contained on the Website constitutes an invitation to treat only, which shall not be regarded as an offer by us to supply any goods.
2.3. Your placing of the Order shall constitute an offer from you to us to purchase the Goods which shall form the subject of the Order. Once you have placed an Order, no changes or cancellation to your order of shall be permitted, unless otherwise agreed by WPI writing in its sole and absolute discretion, or save for certain exceptions set out in Clause 7 below. We have sole and absolute discretion to accept or decline the Order without ascribing any reason in respect thereof. We do not guarantee that the goods shown on the Website will be available for sale to you at all times.
2.4. In the event that we accept your Order, we will notify you of our acceptance by way of a written confirmation (“Confirmation”) sent to your designated electronic mail address. The quantity, description and specification (if any) of the Goods set out in the Confirmation shall be final and conclusive evidence of the same. A legally binding contract for the sale of the Goods between you and us shall not be formed unless and until such Confirmation has been issued by us. The Ts&Cs together with the Order and the Confirmation shall constitute the entire agreement and understanding between you and us in relation to the subject matter hereof (“Contract”) and shall supersede and cancel in all respects all previous correspondence, understandings and agreements, if any, between us in respect of the same.
2.5. You are responsible for ensuring the accuracy of all information provided in connection with your Order, including without limitation, the Delivery Address (as defined in Clause 5.1 below) and your contact details. We will not be liable for any failure or delay or otherwise in discharging our obligations and / or performing our duties under the Contract if such default is in any way due to the incomplete and / or inaccurate information provided by you in respect of the Order.
3. Payment Terms
3.1. Unless specified by us otherwise, all prices quoted on the Website are Philippine Peso (Php) and are subject to adjustment at our absolute discretion at any time and from time to time without prior notice to you.
3.2. The purchase price of the Goods (“Price”) shall be the price specified in the Confirmation. Notwithstanding the foregoing, we reserve the sole and absolute right to adjust the Price to reflect any change in the cost of the Goods due to any unforeseen circumstances and / or factors beyond our reasonable control, including without limitation, any foreign exchange fluctuation, currency regulation, change in tax duties / levies, increase in the costs of labor and materials or other costs of manufacture, change in delivery schedule at your request, or belated instructions or failure to supply us with requisite information or instructions on your part.
3.3. Unless specified by us otherwise, payment shall be effected in Philippine Peso (Php) by way of bank transfer or Visa, MasterCard or American Express credit cards. You agree to use your own credit card which must be in your name. WPI will not be liable for any credit card fraud.
3.4. Payment for the Goods shall be debited from your designated credit card upon our issuance of the Confirmation to you.
3.5. Your credit card payment shall be processed by our authorized service providers (“Payment Processor”). All payment details entered through the payment gateway of the Payment Processor collecting the credit card payment for us will be encrypted.
3.6. We will not be liable for any loss or damage, including theft or fraud, arising directly or indirectly from:
- your failure or omission to protect your personal data from being seen by other persons or otherwise obtained by other persons when you enter your payment details online;
- your failure to provide accurate information in the course of the online payment process;
- any other reasons in connection with the specified mode of payment.
4. Personal Data and Privacy
4.1. Collection of the Information shall be for the purposes of:
- providing you with the Goods or any services in accordance with your Order;
- maintaining our records relating to you and your Order, in order that we may provide maintenance, guarantee and other services to you (if applicable);
- sending you information relevant to your Goods and advertising and promotional materials which may be of interest to you;
- determining the amount of any payment owed to or by you (if any);
- collecting any amounts outstanding from you; and / or
- any purposes directly and indirectly relating to any of the foregoing.
4.2. We will use all reasonable efforts keep the Information confidential. However, we may from time to time, for the any of the abovementioned purposes, provide the Information to:
- any governmental or statutory authorities pursuant to statutory or judicial order or in compliance with applicable laws;
- any other member(s) or affiliate(s) of WPI; and / or
- any other person on a need-to-know basis who is under a duty of confidentiality to us, such as our authorized service providers which include the Payment Processor.
4.3. You acknowledge and agree that you shall not hold WPI responsible for any loss or damage suffered or incurred by you as a result of any use or misuse of any Information by any third party indicated in Clause 4.2.
5. Delivery of the Goods
5.1. Subject to Clause 5.2, the Goods will be delivered to you at your designated address (“Delivery Address”) within the Delivery Zone (as defined below) on such date as specified in the Confirmation (“Delivery Date”). Delivery will normally be made between 8:00 a.m. to 6:00 p.m. on a weekday from Mondays to Fridays. For the avoidance of doubt, we will not make any delivery of Goods to any place that falls beyond the Delivery Zone. For the purpose of this Clause 5, “Delivery Zone” shall mean anywhere within Philippines.
5.2. For the avoidance of doubt, the amount of delivery charge paid to us (if any) may not be offset against the cost of installation or other services payable by you (if applicable).
5.3. We reserve the right to revise any terms of the delivery service (including but not limited to the Delivery Zone and the delivery charge) from time to time without prior notice. All delivery charges paid are non-transferrable, non-refundable and non-exchangeable for cash or goods once the Order is confirmed pursuant to Clause 2.4.
5.4. Please refer to “Delivery Information” for the details. Notwithstanding the foregoing, time of delivery of the Goods shall not be of the essence in the Contract and are only our best estimate. We reserve the right to change the Delivery Date from time to time upon service of reasonable prior notice to you, whereupon you shall accept delivery of the Goods on such revised Delivery Date as we may advise. Under no circumstances shall we be liable to you for any delay (howsoever caused) in respect of the delivery of the Goods (whether or not the same has been notified to you). For the purpose of this Clause 5.4, “Working Day” shall mean a day excluding Saturday or Sunday or public holiday in Philippines.
5.5. To protect your interest and as record of delivery, we will require you or your authorized representative, as the case may be, to produce your / his / her original identity card or identification document and written authorization (if applicable) and such other documents as we may require for verification upon delivery. We reserve the right to decline delivery of the Goods in the event that our request hereunder is not duly complied with.
6. Passing of Risk and Title
6.1. The Goods purchased on this Website are shipped by a third party carrier pursuant to a shipment contract. As such, the risk in the Goods shall pass to you immediately upon our delivery of the same to the carrier.
6.2. Notwithstanding delivery and the passing of risk in the Goods or anything contained herein, the title to the Goods shall not pass until the total price of the Order under which it is ordered has been paid in full and received by us.
7. Returns / Replacement / No Cancellation of Goods
7.1. Return of Defective or Damaged Goods
7.1.1. We shall be deemed prima facie to have properly performed all obligations under the Contract, and the Goods delivered shall be deemed to be correct and of satisfactory quality, unless notice of fault and the particulars of such fault are given in writing by email or calling our customer service, accompanied with appropriate evidence showing that there are discrepancies in an Order or if there is damage or defect of the Goods upon delivery (such as photographic evidence) and the return of the Goods to us at:
3rd floor Molave Building 2232 Don Chino Roces Ave. Makati City, 1220 (“Return address”)
within seven (7) business days from the date of its delivery at the Delivery Address. Any claim not made as aforesaid shall be deemed to be waived and absolutely barred except where you can show to our satisfaction that it was impossible for you to comply with such time limit and that you have made the claim as soon as it becomes possible to do so.
7.1.2. In the event that a request is lodged in accordance with Clause 7.1.1 and subject to satisfactory proof of fault thereof, we shall, at our sole and absolute discretion, either:
- replace the Goods free of charge subject to the terms herein, in particular Clauses 7.1.3 and 7.1.5; or
- refund to you the full or partial amount paid for the Goods in cash or in-store credits with a validity period of 365 days, subject to the terms herein, in particular Clauses 7.1.4 and 7.1.5, after your return of the Goods to the Return Address.
7.1.3. Without prejudice to anything contained in the Contract, except the cost of delivery to return the Goods, all costs and expenses arising from the return of the Goods under Clause 7.1.1 and delivery of the replacement thereof under Clause 7.1.2(a) shall be borne by you entirely.
7.1.4. Refund of payment under Clause 7.1.2(b) shall be made in such method and manner as we shall determine at our sole and absolute discretion.
7.1.5. The Goods returned under Clause 7.1.1 shall be returned in its original unaltered condition and in its original packaging. Gift(s) or any enclosed item(s) provided to or received by you concurrently with the Goods shall be returned simultaneously.
7.1.6. No return or exchanges of Goods shall be permitted for any other reason unless they are incorrect, damaged or defective upon delivery at the Delivery Address, and such claim is lodged according to Clause 7.1.1 above.
7.2.Cancellation of Order
7.2.1. No cancellation of Orders shall be allowed after Orders are submitted, unless otherwise approved by WPI in its sole and absolute discretion or if Goods and damaged, defective or there are discrepancies in the Order and such issues are notified to WPI pursuant to Clause 7.1 above.
7.2.2. We reserve our sole and absolute right and discretion to decline any request for the cancellation of Orders under this Clause 7. In the event of any dispute hereunder, our determination shall be final and conclusive.
8. Disclaimer of Warranty
8.1. Save as otherwise indicated in the Warranty Terms on this site or expressly provided under Philippine law and regulations, the contents of this website and all text, images, merchandise for sale and other information on, accessible from or available through this website are provided on an “as available” and “as is” basis, without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Specifically, but without limitation, WPI and its affiliates does not warrant that: (i) the information available on this website is free of errors, (ii) the functions and services provided on this website will be uninterrupted or free of errors, (iii) defects or errors on this website will be corrected, or (iv) the website or the server(s) which host this website are free of viruses, trojan horses or other harmful codes or components. You acknowledge that different warranty terms may apply to different Goods purchased on this website.
9. Limitation of Liability
9.1. The Contract sets out the full extent of our obligations and liabilities in respect of the Goods and there are no warranties, conditions or other terms that are binding on us or any other company in the WPI group and their respective officers, directors, employees, agents, successors, except as expressly stated in the Contract. Any conditions and warranties, whether express or implied by statute, common law or otherwise, including warranties of merchantability or of fitness for a particular purpose, and any additional damages, compensation or indemnification, other than such conditions, warranties and liabilities as are expressly provided for in the Ts&Cs, are, insofar as and to the fullest extent permitted by law, expressly excluded.
9.2. Without prejudice to anything contained herein, the maximum aggregate liability under the Contract by WPI and/or its affiliates, whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount paid by you under the Contract.
9.3. We give no warranty as to the accuracy of the information contained on the Website and accept no liability arising from any inaccuracy of the information therein contained. Any typographical error, clerical or other error or omission on the Website, any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction at any time without any liability on our part. You shall use the Website and any other websites accessed through it, at your own risk.
9.4. No failure or delay by us in exercising any right, power or remedy under the Contract shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by us of any of your breach of any provision of the Contract shall be deemed to be a waiver of any subsequent breach of that or any other provision of the same.
We shall not be liable for any default of obligations or duties directly or indirectly caused by or resulted from acts of God, fire, flood, accident, riot, war, terrorist attack, government intervention, embargoes, strikes, labor disputes, equipment failures (including but not limited to internet system failure), or any other causes beyond our reasonable control.
10. General Terms
10.1. You shall not assign or transfer any rights or obligations under the Contract to any third person without our prior written consent thereto.
10.2. We reserve the right to amend the Ts&Cs from time to time without prior notice to you.
10.3. The provisions contained in each clause of the Ts&Cs shall be enforceable independently of each of the others and its validity shall not be affected if any of the others is invalid. If any of those provisions is void but would be valid if some part of the provision were deleted, or if the amount or duration (if applicable) mentioned in the provision was reduced or shortened, the provision in question shall apply with such modification, reduction or shortening as may be necessary to make it valid.
10.4. The Ts&Cs as set out herein and any dispute or matter arising from the Contract shall be governed by and construed in accordance with the laws of Philippines. Both you and we shall submit to the non-exclusive jurisdiction of the Philippines courts.
11. Terms of Website Use
11.1. By using this website, you indicate your acknowledgement and consent to the following:
- The trade marks and logos displayed on this site are trade marks of Dyson's parent company in the United Kingdom, Dyson Limited (except where indicated)(“Dyson”). Nothing contained on this website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark or logo displayed on this site without the written permission of Dyson.
- Assume that everything that you read on this website is protected by copyright unless otherwise stated. You may only use material on this website for personal, non-commercial use. You do not have permission to copy, reproduce, republish, up-load, post, communicate, transmit or distribute in any way any of the contents of this website for public or commercial purposes without the written permission of Dyson.
- By using this website you agree to accept the laws in force in Philippines as governing the relationship between Dyson and yourself. You also irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the Philippines. This site may be accessed throughout Philippines and overseas. Dyson and WPI makes no representation that the content of this site complies with the laws (including intellectual property laws) of any country outside Philippines.
- WPI endeavors to supply accurate information on the Website but errors and omission do occur. WPI does not accept any liability, whether directly or indirectly, arising from the use of any information contained in the Website.
- You are responsible for maintaining the confidentiality of your user account on this Website and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the vent of any unauthorized use of your account or other breach of security.
- WPI disclaims any loss or damages whatsoever and howsoever caused arising directly or indirectly from your use or inability to use the Website.
11.2. We may alter, suspend, or discontinue this Website in whole or in part, at any time and for any reason, without notice or cost. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Website or your account or membership, for any reason, including without limitation, breach of these Ts&Cs. If at any time, we notify you that your access to and /or use of the Website or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper or carrier any order if fraud or any other criminal activity is suspected. In the event these Ts&Cs or your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination and continue to apply to you.
11.3. This Website may contain links to other websites on the internet. By using this Website, you acknowledge that we have no control over such web sites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked web site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
If you have any enquiries, please contact us at +632 7917 4777 (phone) between 10:00 a.m. to 5:00 p.m. from Monday to Friday (closed on Public Holidays) or by email email@example.com.