TERMS & CONDITIONS
Terms of Gerarda’s Online Services
Gerarda’s reserves the right, in its sole discretion, without limitations, conditions and/or qualifications, and without need of prior notification, to limit, change, modify or cancel any order, and/or to refuse any service to any customer for any reason attributable to the unavailability of the items ordered, or other circumstances and conditions beyond the control of Gerardas’s which would render impossible or delay the fulfillment of its obligations; Provided that such events shall not be caused by any negligence on the part of Gerarda’s. Notwithstanding the receipt of any order confirmation, whether via electronic mail, facsimile, phone call or otherwise, it is understood by you that the delivery of your order by Gerarda’s and receipt of the payment corresponding to the same, shall constitute the sole act of final acceptance by Gerarda’s of such order. Verification of any information may be required prior to the acceptance or delivery of any order. You are asked at the end of the ordering process to choose between online payment and payment upon delivery. For payment upon delivery, you agree to pay in cash all fees and charges incurred in connection with your order, including any and all applicable taxes, at the rate in effect when the charges were incurred. If you wish to cancel your order prior to delivery, you may call 0907 905 4348. Gerarda’s, however, reserves the right to refuse cancellation in case order has already been dispatched for delivery prior to receipt of your request. If you are not satisfied with your order, you may direct your concerns to the said contact details given above.
RESTRICTION OF LIABILITY
Gerarda’s will not be liable for damages of any kind or nature or injury whatsoever caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Gerarda’s will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence or Gerarda’s or an authorized Gerarda’s representative has been advised of the possibility of such damages, or both. Gerarda’s total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site, should any such liability be established. SUBMISSIONS All remarks, suggestions, ideas, graphics, or other information communicated to Gerarda’s through this site (together, the “Submission”) will forever be the property of Gerarda’s. Gerarda’s will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Gerarda’s operations. Without limitation, Gerarda’s will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Gerarda’s will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this site. This information is for internal purposes only and is not sold or otherwise transferred to third parties of Ma’s or to other entities who are not involved in the operation of this site. Information submitted via a number of areas in this site, for instance, Customer Feedback, is not retained. Therefore, the above right to use Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you, not Gerarda’s Online’s have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. JURISDICTION Except as described otherwise, all materials in the Gerarda’s site are made available only to provide information about Gerarda’s. Gerarda’s controls and operates this site from its head office in Tagbilaran,Bohol, Philippines and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws. Some software from this site may be subject to export controls imposed by the proper jurisdictions and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of ) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the US Treasury Department’s Specially Designated Nationals list, or (c) the US Commerce Department’s Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list. DISCLAIMER The material in this site could include technical inaccuracies or typographical errors. Gerarda’s may make changes or improvements at any time. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. Gerarda’s DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Gerarda’s DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Gerarda’s DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Gerarda’s) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. Gerarda’s is an equal opportunity employer committed to a diverse workforce. TERMINATION Gerarda’s or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Gerarda’s sites, and (b) all related documentation and all copies and installations(together, the “Materials”). Gerarda’s may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
MISCELLANEOUS This is the entire agreement between the parties relating to the use of this site. Gerarda’s can revise these Terms and Conditions at any time by updating this posting. Gerarda’s products and services are available in many parts of the world. However, the Gerarda’s site may describe products and services that are not available worldwide. This site may be linked to other sites that are not maintained by Gerarda’s Online Services . Gerarda’s is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Gerarda’s of the sites.
TRADEMARK INFORMATION All intellectual property, including but not limited to trademarks, service marks, trade names are in this site are proprietary to Gerarda’s, its licensors or to other respective owners. They may not be used, in any form or manner, or for any purpose without the prior written consent of Gerarda’s.
IMPORTANT REMINDER: Without prejudice to criminal prosecution under Republic Act No. 8484, Gerarda’s Online has the sole right to cancel and/or reject a confirmed online order if Gerarda’s Online finds any valid reason to believe that a paid online order has been purchased using fraudulent credit card.