Terms of service

Terms & Conditions

Welcome to the CARLJANCREWZ website. This website is made available to you subject to the following Terms and Conditions. By using the website and its related services, products, and software, or Ordering any of our Products listed on our Site (collectively, the "Site"), you agree to be bound by these terms and conditions of use ("Terms and Conditions"). Carl Jan Cruz may make changes to the Site and the Terms and Conditions at its discretion and such changes will be effective immediately upon posting in the Site. Your continued use of our services after such changes constitutes acceptance of the updated Terms and Conditions.

 

DEFINITIONS AND INTERPRETATION

Any reference in these Terms and Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

Whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean working days, and the words “month” or “monthly”, or any references to a number of months, means calendar months.

Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions. In the event of a conflict or inconsistency between any two or more provisions under these Terms and Conditions, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of Carl Jan Cruz and the provision which is more favorable to Carl Jan Cruz shall prevail.

Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms and Conditions.

  • “Working Day” means a day (excluding Saturdays and Sundays) on which banks generally are open for business in the Philippines.
  • “Customer” means an authorized user of the Online Store, who must be an individual over the age of 18 and who possess a valid credit or debit card issued by a bank deemed acceptable by Carl Jan Cruz.
  • “Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
  • “Listing Price” means the price of Products for sale to Customers, as stated on the Online Store.
  • “Online Store” refers to the website operated and/or owned by Carl Jan Cruz. The Online Store is accessed through the following URL: https://www.carljancrewz.com.
  • “Order” refers to the Customer’s Order for Products he/she wishes to purchase through the Online Store, which has been placed in accordance with the procedures specified in these Terms and Conditions.
  • “Order Form” shall refer to the form which the Customer must complete in Order to place an Order for Products through the Online Store.
  • “Payment Processor” shall refer to third-party appointed by Carl Jan Cruz to handle all credit card and other online payment options made available on the Online Store.
  • “Personal Data” means data, whether true or not, that can be used to identify, contact or locate the Customer. Personal Data includes the Customer’s name, e-mail address, billing address, shipping address, phone number and credit card information.
  • “Product” means a product (including any installment of the product or any parts thereof) available for sale to Customers through the Online Store.
  • “Carl Jan Cruz” shall refer to RICHAEL CRUZ ENTERPRISES.
  • “Trademarks” means the trademarks, service marks, trade names and logos belonging to Carl Jan Cruz and used and displayed on the Online Store.


PRICING

All published prices, shipping fees and other charges on the Site, unless otherwise stated, are in Philippine Peso (PHP). All Listing Prices in Philippine Peso are VAT-inclusive.

The prices of the Products payable by a Customer shall be the Listing Price at the time the Order was placed.

Carl Jan Cruz reserves the right to amend the Listing Prices at any time without giving any reason or prior notice and such amendments to the Listing Prices shall be effective and binding on Customers immediately upon posting in the Site. Carl Jan Cruz uses all reasonable efforts to ensure that all pricing information on the Site is correct and up-to-date, but errors do sometimes occur. If an error occurs and a product is mispriced, Carl Jan Cruz shall update the pricing information on the Site. If Customer is not amenable to the correct price of the product, the Order shall be cancelled. Carl Jan Cruz is not obliged to supply or deliver any products which are incorrectly priced.

If there are any problems with your Order we shall contact you as soon as possible. We reserve the right to reject any offer to purchase a Product by you at any time.

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges. The total cost for delivery will be itemized and identified on the payment screen.

 

ORDER AND PURCHASE OF PRODUCTS

To place an Order on the Site, Customer must be at least 18 years old and a consumer (not a reseller).

The technical steps required to create an Order and purchase any of the Products are as follows:

  1. Customers may place Orders by clicking the “Add to Cart” button while viewing a Product’s web page.
  2. Customers will then be directed to a web page summarizing all the Products Ordered by Customers ready for checkout.
  3. Customers may thereafter click the “Check Out” button.
  4. Customers will then be directed to the Order Form where they must supply the details required and click the “Continue to Shipping” button.
  5. Customers will then be given the opportunity to review the details of their Order.
  6. Thereafter, Customers may click the “Continue to Payment” button.
  7. After placing their Orders, Customers will be directed to Carl Jan Cruz’s Payment Processor’s page, where they will select their payment methods.
  8. Thereafter, they must supply all the necessary details required in the Payment Form, and click the “Pay Now” button.
  9. Customers will then be directed to a web page informing them if their online payment was successful.
  10. Orders will be deemed to have been placed when a CONFIRMATION EMAIL has been sent to the Customer from the Carl Jan Cruz Sales Team.
  11. Thereafter, Customers will likewise receive shipping confirmation emails from Carl Jan Cruz informing them that their Orders have been shipped. Carl Jan Cruz will use its best endeavours to supply the goods within the quoted time but will not be liable for delays due to third party (shipping, customs, etc.) lapses and fortuitous events.

Order acceptance and the completion of the contract between Customer and Carl Jan Cruz will take place on the dispatch to Customer of the Products Ordered, unless Carl Jan Cruz has notified Customer that Carl Jan Cruz does not accept Customer’s Order, or that it has been cancelled.

Carl Jan Cruz may, from time to time, and without giving any reason or prior notice, modify the procedure to be used for placing Orders through the Online Store. Carl Jan Cruz shall not be bound to accept or process any Orders placed in a manner other than that specified herein or on the Online Store. The Customer shall be responsible for ensuring the accuracy of the Order and all the information supplied. Carl Jan Cruz shall not be liable for any and all mistakes caused by incorrect or inaccurate information supplied by the Customer.

All goods sold by Carl Jan Cruz are subject to Carl Jan Cruz’s Terms and Conditions, which form part of the Customer’s contract with Carl Jan Cruz. Other documents submitted to Carl Jan Cruz other than Carl Jan Cruz’s ORDER FORM shall not be binding to Carl Jan Cruz. The ORDER FORM supersedes all prior communications between Carl Jan Cruz and the Customer, whether oral or written.

The Customer agrees to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Online Store, as well as any amendments to the aforementioned, issued by Carl Jan Cruz from time to time. 

Carl Jan Cruz reserves the right to revise, amend, or modify  these guidelines, notices, operating rules and policies and instructions at any time at its sole and absolute discretion. The Customer is deemed to be aware of and bound by any changes to the foregoing upon its posting on the Online Store or upon such other method of notification as determined by Carl Jan Cruz.

Carl Jan Cruz makes no warranty that the descriptions of the Products found on the Online Store are absolutely accurate, current, or free from error. Pictures and images on this Site are for illustration purposes only. No qualities or characteristics of the products depicted therein could be inferred from the relevant pictures. In the event that the Product received by the Customer is of a fundamentally different nature from the Product Ordered as described on the Online Store, the provisions in Carl Jan Cruz’s Return and Exchange Policy shall apply.

Products available for purchase from Carl Jan Cruz are intended for non-commercial use ONLY, and purchase of any merchandise for resale purposes is absolutely prohibited. Carl Jan Cruz reserves the right to limit quantities on Orders: (a) placed by the same account, (b) placed by the same credit card, and (c) that use the same billing or shipping address. Carl Jan Cruz will notify Customer if such limits are applied. Carl Jan Cruz reserves the right to prohibit purchases of any merchandise to resellers. Resellers are entities or individuals that purchase goods with the intention of selling them rather than using them.


PAYMENT TERMS

Upon checkout on the Site, full payment is required. 

We accept the following Modes of Payment (if paying via direct web checkout): PayPal

Carl Jan Cruz reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice or giving any reason.

 

CANCELLATIONS

All Orders for which payment has been confirmed by Carl Jan Cruz are final and no longer subject to changes or cancellation. Carl Jan Cruz shall treat all such Orders as being irrevocable and unconditional.

However, owing to the brand’s ‘artisan’ nature and the occurrence of unforeseeable events or causes beyond Carl Jan Cruz’s reasonable control, in the event an Order has been placed and paid for by the Customer which Carl Jan Cruz cannot fulfill, the Customer will be notified immediately of such cancellation and a full refund will be given via PayPal (for PayPal payment). Such events may include, but are not limited to: exceedingly high demand of items, insufficient stock, and regulation of textile to the destination.


SHIPPING, DELIVERY, and PICK-UPS

For follow-ups and further inquiries, please contact the Carl Jan Cruz’s sales team through sales@carljancruz.com.

 

Local Shipping Fee

For deliveries within Metro Manila, the delivery fee is 200 PHP. Please expect to receive your Order on the following Tuesday or Saturday upon confirmation of your Order and payment, unless stated otherwise.

For deliveries nationwide, outside Metro Manila, the delivery fee is 650 PHP. Please expect to receive your Order within 7-10 working days upon confirmation of your Order and payment, unless stated otherwise.

Carl Jan Cruz utilizes Lalamove as its local courier. Any error or delay caused by the courier and outside of Carl Jan Cruz’s control is not Carl Jan Cruz’s liability. Customer acknowledges that Carl Jan Cruz is no longer liable for the Order once it is turned over to the courier for delivery. Any risk of damage to, loss, or deterioration of the Products shall pass solely to the Customer upon placement of the Products with the shipping courier or carrier.

 

Delivery Address

Delivery of the Products ordered shall be made to the address supplied by the Customer in the Order Form. Carl Jan Cruz shall not be responsible for Orders lost or delayed due to inaccurate and/or incomplete delivery details provided by the Customer. Carl Jan Cruz may charge Customer for the additional delivery charges it may incur for re-delivery of the Products due to such inaccurate and/or incomplete delivery details. Carl Jan Cruz shall not be liable for any delay caused by re-delivery due to such inaccurate and/or incomplete delivery details provided by Customer.

 

Projected delivery dates

The Customer acknowledges that delivery of the Products is subject to their availability. Carl Jan Cruz will make every reasonable effort to deliver the Product to the Customer within the projected delivery date stated above. However, the Customer acknowledges that all delivery timeframes given are estimates only and delays may take place. Carl Jan Cruz shall not be responsible for unreasonable delays or failure to deliver the Products due to the fault of the courier, or causes beyond Carl Jan Cruz’s control.

 

Deemed receipt

In the event the Customer does not receive the Product by the projected delivery date, and provided that said Customer gives notice to Carl Jan Cruz via email at sales@carljancruz.com, or SMS/WhatsApp (+639612377789), within three (3) working days immediately from such projected delivery date, Carl Jan Cruz shall endeavor to locate and deliver the Product. The failure of the Customer to give due notice within the aforementioned three-day period shall result in the Customer being deemed to have received the Product subject to his or her rights under Philippine law.

 

International Shipping Fee, Delivery, and Lead Time

For Orders placed internationally, estimated delivery lead time varies depending on the style/s and quantity of your Order.

International Orders shall be shipped via DHL Express at a rate which varies upon weight.

For delivery to the USA:

Orders 0.1kg - 1kg ₱4,700

Orders 1.1kg - 2kg ₱5,000

Orders 2.1kg - 3kg ₱5,800

 

For delivery to Canada:

Orders 0.1kg - 1kg ₱4,700

Orders 1.1kg - 2kg ₱5,500

Orders 2.1kg - 3kg ₱5,900

 

For delivery to Europe:

Orders 0.1kg - 1kg ₱5,000

Orders 1.1kg - 2kg ₱5,700

Orders 2.1kg - 3kg ₱6,500

 

For delivery to other parts of Asia:

Orders 0.1kg - 1kg ₱4,700

Orders 1.1kg - 2kg ₱5,000

Orders 2.1kg - 3kg ₱5,500

 

Please coordinate with the Carl Jan Cruz Sales Team by emailing sales@carljancruz.com for further information on international shipping fees and delivery.

Terms outlined above on delivery address, projected delivery dates, and receipt similarly apply to international Orders. Any error caused by the courier is not Carl Jan Cruz’s liability. Customer acknowledges that Carl Jan Cruz is no longer liable for the Order once it is turned over to the courier for delivery. Any risk of damage to, loss, or deterioration of the Products shall pass  solely to the Customer upon placement of the Products with the shipping courier or carrier.


International Shipping Policy

Customer agrees that any purchased Products licensed or sold on the Site, are subject to the customs and export control laws and regulations of the Philippines, as well as the customs and import control laws and regulations of the country in which the Products are manufactured and/or delivered and agrees to abide by applicable laws, rules, and regulations. Carl Jan Cruz will make commercially reasonable efforts to estimate the amount of export and import duties, charges, fees and other expenses (said estimate, the “Estimate”). However, the Estimate may be more or less than the final actual amount of export and import expenses due and payable. Carl Jan Cruz has no control over the export or import expense and cannot always predict what the final actual amounts may be.

For greater certainty, Customer should contact the local customs office for further information on the import taxes and customs duties that may be applicable to the purchase of Products. Customer agrees and acknowledges that:

  1. the actual import fees may be more or less than the Estimate;
  2. Customer (and not the broker, the shipper, Carl Jan Cruz or any other party) must bear the responsibility of paying all actual import expenses;
  3. in the case that any entity other than Customer must pay some or all of the actual import expenses on behalf of Customer to effect customs clearance, Customer will reimburse (upon request) that entity in full for the actual import expenses paid on its behalf; and
  4. failure by Customer to pay import expenses in a timely manner may not only cause delays beyond the original delivery estimates, but also may put Customer at risk of potential liability for taxes and other expenses.

 

Pick-Ups for Orders

Customers have the option to personally pick-up their Orders from the Carl Jan Cruz Studio. Upon notice that the Order is ready, and provided that it has been fully paid, Customer has two (2) weeks within which to pick-up his/her Order from the Carl Jan Cruz Studio.

In the event of failure to pick-up the Order within two (2) weeks from notice, Carl Jan Cruz shall have the right to cause delivery to the Customer pursuant to the delivery information provided by him/her upon making the Order.

Any risk of damage to, loss, or deterioration of the Products shall pass to the Customer upon placement of the Products with the shipping courier or carrier.

 

Customer Communication and Order Completion Policy

At CARL JAN CRUZ, we are committed to delivering high-quality custom clothing tailored to your specifications. To ensure a smooth process, please review our policy regarding client communication for order pickup or delivery:

Response Time Based on Production Duration
The timeframe for client response, pick-up and delivery is determined by the total production time of the order. For example, if the order is completed in 4 weeks, the client will have 4 weeks from the date of order completion to respond and so forth. 

Client Responsibilities
a. Pick-Up or Delivery: The client must inform the CARL JAN CRUZ team of their preferred pickup or delivery details within the response period.
b. Communication: It is the client's responsibility to promptly communicate any changes or requests regarding their order.

Consequences of Non-Response
If the client fails to pick up, provide delivery instructions, or communicate regarding their order within the designated response period, the following applies:  

— The order will be considered final, and no refunds of deposits will be issued.
—Unclaimed orders may be subject to storage fees or disposal at the discretion of CARL JAN CRUZ.

Additional Notes  
—The production duration may vary depending on the order specifics.
—The response period begins immediately after the order is completed, the CARL JAN CRUZ team will notify the client once this period begins. 
—It is highly recommended that clients communicate promptly to avoid forfeiting their deposits.
—By placing an order with CARL JAN CRUZ, clients acknowledge and agree to these terms.

 

TAXES AND DUTIES

All Orders within the Philippines are inclusive of Philippine taxes and duties. International Orders are exclusive of taxes and duties which shall be borne by the Customer. Please refer to the International Shipping Policy outlined above.

 

INTELLECTUAL PROPERTY

The Site and its content are protected by Intellectual Property Rights, including but not limited to copyright and trademarks.

All Intellectual Property Rights in the Site and these Terms and Conditions are and will be owned by Carl Jan Cruz absolutely and the Customer are not allowed to use any such Intellectual Property Rights without Carl Jan Cruz’s express agreement and consent.

The Intellectual Property in and to the Online Store and the materials found thereon are owned, licensed to or controlled by CJ Carl Jan Cruz, including all patents, trademarks, service marks, trade secrets, copyrights, or other intellectual property. Unless the prior written authorization of Carl Jan Cruz has been obtained, no part or parts of the Online Store, the Site or the materials found thereon may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment.

Neither shall the Customer remove or alter the trademarks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products without the aforementioned prior written authorization of Carl Jan Cruz. The Customer shall not register any deceptively similar or likely-to-confuse trademarks, service marks, or trade dress that may resemble the intellectual property of Carl Jan Cruz in whole or in part.

Nothing in the Online Store, the Site and in these Terms and Conditions shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any materials or trademarks displayed on the Online Store or Site, without the prior written authorization of Carl Jan Cruz. Carl Jan Cruz reserves the right to enforce its Intellectual Property Rights and those of its licensors or service providers to the fullest extent of the law.

 

RISK OF LOSS AND OWNERSHIP OF THE GOODS


Risk of Damage or Loss

The risk of damage to, loss, or deterioration of the Products shall pass to the Customer at the time of placement of the delivery with the shipping carrier or courier, or at the time Carl Jan Cruz has tendered delivery of the Products if the Customer wrongfully fails or refuses to accept delivery of the said Products.

 

Ownership of the Products

Notwithstanding delivery and the passing of risk in the Products, ownership of the Ordered Products shall not pass to the Customer until Carl Jan Cruz has received in the manner prescribed by it in these Terms and Conditions, in cleared funds, full payment of the price of the Products including all taxes and delivery and packing charges due thereon. Until such time as the ownership of the Ordered Products passes to the Customer, the Customer shall hold said Products as Carl Jan Cruz's fiduciary agent and trustee and shall keep them separate from his or her own property.

Likewise, until such time as the ownership in the Ordered Products passes to the Customer, Carl Jan Cruz shall be entitled at any time to demand the Customer to deliver the Products to Carl Jan Cruz. In the event of the Customer’s non-compliance, Carl Jan Cruz reserves its right to take legal action against the Customer for the delivery of the Products and to seek damages and all other costs including but not limited to legal fees against the Customer.


Indemnification

The Customer shall indemnify Carl Jan Cruz and all of its respective officers, employees, directors, agents and contractors against any and all loss, damages, costs, expenses and legal fees incurred by Carl Jan Cruz in connection with the assertion and enforcement of Carl Jan Cruz's rights under this condition.


USE OF THE ONLINE STORE

No registration of any account is needed to use the Site. Customers may place Orders and purchase Products through the Online Store as “guest shoppers”, provided they supply their name, address, postal code, email address, and such other personal information as may be required by the Order Form.

The Customer shall not in any way use or submit anything through the Online Store in a manner which:

  • is in breach of any law, statute, regulation or by-law of any applicable jurisdiction;
  • is fraudulent, criminal or unlawful;
  • is inaccurate or out-of-date;
  • may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
  • impersonates any other person or body or misrepresents a relationship with any person or body;
  • may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of Carl Jan Cruz or any third party;
  • is contrary to any specific rule or requirement under these Terms and Conditions or otherwise found on the Online Store; or
  • involves the delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Carl Jan Cruz may, from time to time, and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Online Store or any product or service provided through the same.

Carl Jan Cruz reserves the right, but not the obligation to:

  • monitor, screen or otherwise control any activity, content or material on the Online Store, and, in its sole and absolute discretion, investigate any violation of these Terms and Conditions and take any corresponding action it deems appropriate to protect its interests as well as those of its Customers and the public in general;
  • refuse, prevent, or restrict access of any Customer to the Online Store for any reason at its absolute discretion;
  • report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities, and to cooperate with such authorities and provide relevant information as may be required therefore;
  • request any information and data from the Customer in connection with the use of the Online Store at any time; and
  • deny, restrict, suspend or revoke service to any Customer who refuses to supply the information and/or data requested under the previous item, or where Carl Jan Cruz has reasonable ground to believe that inaccurate, misleading or fraudulent information and/or data has been provided by the Customer.

 

DISCLAIMERS

Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Online Store shall be borne by the Customer, and Carl Jan Cruz shall not be liable therefor. All data and/or information contained in the Online Store are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory are given in connection with the Online Store.

To the extent allowed under Philippine law, no condition is made or to be implied nor is it warranted, expressly or impliedly, that:

  • the life or wear of the Products or that they will be suitable for any particular purpose or use under any specific conditions;
  • the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained on the Online Store;
  • the Online Store or the Products will be available and provided in an uninterrupted manner, secure or free from errors or omissions, or that any identified defect will be corrected;
  • the Online Store is free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros;
  • that any transmission of information by or to the Customer through the Online Store will not be accessed by unauthorized third parties, nor be free from interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.

Carl Jan Cruz shall not be liable for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

  • any access, use and/or inability to use the Online Store;
  • reliance on any data or information supplied by the Customer through the Online Store;
  • any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
  • any use of or access to any other website or webpage linked from the Online Store.

Carl Jan Cruz cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements. The website and all information, content, materials, products, services, and user content included on or otherwise made available to you through the Site are provided by Carl Jan Cruz on an "as is," "as available" basis, without representations or warranties of any kind. Carl Jan Cruz makes no representations or warranties of any kind, express or implied, as to the operation of the Site, the accuracy or completeness of the Site contents, or that emails sent from Carl Jan Cruz are free of malware or other harmful components.

You expressly agree that your use of the Site is at your sole risk. Carl Jan Cruz will not be liable for any damages of any kind arising from the use of the Site or the site contents including, without limitation, direct, indirect, consequential, punitive, and consequential damages, unless otherwise specified in writing. To the full extent permitted by applicable law, Carl Jan Cruz disclaims any and all representations and warranties with respect to the Site and the Site contents, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use.


LIMITATION OF LIABILITIES

Notwithstanding any other provision of these Terms and Conditions, Carl Jan Cruz’s maximum cumulative liability to the Customer or to any other party arising out of or relating to the sale of Products through the Online Store, shall not exceed the sums actually paid by the Customer for the Products purchased thereby.


FORCE MAJEURE

Carl Jan Cruz shall not be liable for non-performance, error, interruption or delay in the performance of its obligations or any consequence thereof under these Terms and Conditions or any part thereof, or for any inaccuracy, unreliability or unsuitability of the Online Store's or Site’s contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Carl Jan Cruz’ reasonable control.

Carl Jan Cruz shall not be responsible for the performance of any obligations under these Terms and Conditions in the case of an event outside of Carl Jan Cruz’s reasonable control (force majeure), including (but not limited to) strikes, lockouts, failures of third party systems or networks, hacking and computer viruses, acts of god, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment, regulations or governmental policies and shortages of supplies and services (a "Force Majeure Event").

Carl Jan Cruz’s performance under this contract is deemed to be suspended for the period that the Force Majeure Event continues, and Carl Jan Cruz shall have an extension of time for performance for the duration of that period.

If by reason of force majeure, the performance of its obligations will cause any inequitable hardship to Carl Jan Cruz, Carl Jan Cruz shall immediately consult the Customer as to an equitable solution in so far as it is possible. Should the force majeure event continue for longer than two (2) months, Carl Jan Cruz has the option to cancel the Order immediately without further liability other than returning the payment received, if any. Such liability shall be limited to the payment actually received by Carl Jan Cruz, if any.


WAIVER

Carl Jan Cruz’s failure to enforce these Terms and Conditions shall not constitute a waiver of these terms or of any continuing or succeeding breach of such provision, or a waiver of such provision, or a waiver of any right under these Terms and Conditions, and such failure shall not affect the right of Carl Jan Cruz to later on enforce the same.

No right, power, or privilege shall be deemed to have been waived by any act, delay, omission, or acquiescence on the part of Carl Jan Cruz, its agents, representatives, or employees, unless otherwise provided in writing. To be sure, No delay or failure by either party to exercise any right shall constitute a waiver of that or any other right, unless expressly provided in writing.


SEVERABILITY

If at any time any provision of these Terms and Conditions shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby, and shall continue in force and continue to be binding.


GOVERNING LAW AND VENUE

These Terms and Conditions shall be governed by, and construed in accordance with the laws of the Philippines.

All disputes or conflicts arising from any provisions of this Contract between the Parties shall be exclusively filed before the courts of Taguig City, Philippines to the exclusion of all other courts, whether local or international.


AMENDMENTS

Carl Jan Cruz reserves the right to amend these Terms and Conditions at any time by posting said amendments on the Online Store or by using such other method of notification as it may determine. Customers who make purchases of Carl Jan Cruz’s Products through the Online Store must read and agree to the latest Terms and Conditions in force at the time their Orders are placed and shall be bound thereby. Customers who successfully place Orders in this manner are deemed to have accepted the Terms and Conditions in force at the time the Orders are placed.


ENTIRE AGREEMENT

These Terms and Conditions (together with the Privacy Policy and Returns and Exchange Policy) shall constitute the entire agreement between Carl Jan Cruz and the Customer in respect of use of the Site and the sale, purchase, delivery and use of the Products. They supersede any previous agreement or understanding in relation to the subject matter hereof. No variation of these terms is binding on us unless agreed by us in writing.


GENERAL PROVISIONS

Cumulative rights and remedies

Unless otherwise provided under these Terms and Conditions, Carl Jan Cruz’ rights and remedies under these Terms and Conditions are cumulative and are without prejudice and in addition to any rights or remedies Carl Jan Cruz may have in law or in equity. Further, no exercise by Carl Jan Cruz of any one right or remedy under these Terms and Conditions, or at law or in equity, shall operate so as to hinder or prevent its exercise of any other such right or remedy under these Terms and Conditions, or at law;