KNOTS & PANS REGISTRIES, INC.
1. The Website
1.1 The Website is operated by Knots & Pans Registries, Inc., a corporation duly organized and existing under the Philippine laws, with office address at 5th Floor, Zeta Building, Salcedo Street Legaspi Village Makati City, Philippines, which operates every Monday to Friday, from 9:00 to 17:00 hours (hereinafter referred to as "the Company").
1.3 Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
1.4 The Company reserves the right to change the provisions of these Terms and Conditions from time to time, without notice, by posting changes online. You are responsible for regularly reviewing information, guidelines and notices posted online to obtain timely notice of such changes and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Website.
1.5 This Website contains materials including, without limitation, the design, layout, appearance, images and graphics, which are owned by or licensed to the Company. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions.
1.6 Furthermore, photos, videos or other materials uploaded and published on this Website are deemed assets of the Company. As such, the Company reserves the right to make use of these for advertisement or any lawful transactions within or outside the Website.
1.8 Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offense.
1.9 The Website is intended to feature, display and sell the products or services of the Suppliers (hereinafter, "Sellers") and the Company shall be referred to as the operator of the Website in respect of each and every Customer Contract entered into through this Website.
1.10 If you have any questions or concerns, please contact the Company using the "Contact Us" page on the Website. Rest assured that the Company shall communicate these questions or concerns to the Sellers.
2.1 For purposes of submitting an order to purchase the products on this Website, you must first undergo the process of registration. You hereby represent and warrant the correctness of all information to be supplied on this Website.
2.2 Registration is two-fold, the first registration is for the couples (more details below in Section 2.2.1) and the second registration is for the couples' guests (more details below in Section 2.2.2).
2.2.1 The soon-to-be married couples will need to register their Registry Account on the Website (hereinafter "Registry"). To accomplish this, either one of the couple need to provide his/her name, email address, password, contact details and wedding date.
Upon registration, the couple can select items from the Website to be included in their Registry. Once physical items are added to their registry, the couple will be prompted to complete their profile information and input the delivery address and contact person. Once Cash Fund items are added to their registry, the couple will be prompted to complete their bank account details and preferred setting of charges. Upon completion, the couple's Registry is automatically published.
The couple may also opt to customize their Registry page by uploading their photos and including a welcome message for their guests to view. They may also send the Company a list of their guests' name and email addresses in order for the Company to send an email informing the guests of the couple's Registry.
The couple can add items from the Cash Fund to their registry. Adding items from this category lets the couple receive monetary contributions for their dream wedding, honeymoon, and even their selected charity. The Couple shall receive the total contributed amount in the fund after their wedding day. A processing fee of 9.7% shall be charged depending on Couple's preferred account setting. It may be shouldered by the Guest and added on top of the contributed amount upon check out or shouldered by the Couple and deducted from the total contributed fund when the amount is transferred to their bank account. The Company shall be given 3-5 business days to transfer the amount to the Couples account after their wedding day. Philippine-based bank accounts will incur no additional charge. Foreign bank accounts will require bank transfer fees that shall be shouldered by the Couple or deducted from the total contributed amount unless the amount is Php 50,000.00 or higher.
The couple's Registry page shall be maintained in public. Thus, the guests may simply type the name of the couple in the search bar that is found in the Website.
2.2.2 For a guest entering the Website, he may simply search the names of the couple in the search bar in order to view their Registry page and select a product item to be given to the couple.
Upon viewing the Registry and selecting an item that the guest intends to purchase, the guest will then be required to register his own account to the Website (hereinafter, "Account") or use Express Checkout. To register, the guest also needs to supply the site with his name, email address and password.
After the purchase, the guest may include a personal message to the couple that will be sent to the couple either as a physical card or an electronic card together with the information and details of gift item. The Company does not screen personal messages that guests send to the couple with the gift item, and shall not be responsible for the contents thereof.
2.3 The couple may add items to their Registry until thirty (30) days after their registered wedding date. The couple may continue to add, edit, or delete items in their registry. However items that are completely purchased by guests can no longer be removed or deleted by the couple from their Registry. Cash Fund items that have contributions shall not be deleted or refunded to the Guest as well.
2.4 The couple may be contacted by the Company with the given contact information to ask about their feedback, comments, and a voluntary testimonial message about their usage of this Website and some additional photo in the "Registries We Love" of "Why Couples Love Us" section. Further, the Company reserves the right to use the previously uploaded photos of the couple in their Registry page in order to feature them in the aforementioned sections.
2.5 In both types of registration, you must keep your password confidential and you hereby undertake to notify the Company immediately if any unauthorized third party becomes aware of that password or if there is any unauthorized use of your email address or your Registry/Account or any breach of security known to you. You agree that any person to whom your user name or password is disclosed is authorized to act as your agent for the purposes of using your Registry/Account. Thus, any and all transactions entered into under this Registry/Account shall be deemed valid and binding. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
3.1 In order to purchase products using this Website, you must comply with the registration requirements set out in Section 2 and you hereby agree to comply, at all times, with all the notices, guidelines, terms, and other operating requirements posted by the Company online.
3.2 The suppliers of the products are deemed the Seller of the products and the Company shall only be referred to as the operator of this Website, and such fact shall be deemed incorporated in each Client Contract/Registry.
3.3 The Company hereby undertakes to provide an accurate description of the products. Nevertheless, due to the inherent complexities of internet, email and computer usage, the Company and the Sellers do not warrant or guarantee the accuracy of the information on the materials found or offered on this Website including, without limiting, the products' images, colors and sizes. You acknowledge therefore that such information and materials may contain inaccuracies or errors and the Company shall be free from any liability for any such inaccuracies or errors to the fullest extent permitted by law.
3.4 Once you selected a product or gift item that you intend to purchase, the charges will immediately be shown to you, including the Value Added Tax (VAT), and any applicable processing or delivery charges.
3.5 All orders are subject to the Seller's acceptance. You acknowledge therefore that unless you receive a notice from the Company stating that the Seller accepted your order, both the Company and Seller shall not be party to any legally binding agreements or promises for the sale or other dealings with the Products on the Website, and accordingly the Company and Seller shall not be liable for any losses which may be incurred as a result. For the avoidance of doubt, the Company reserves the right to decline to process or accept any Order received from or through the Website in our sole discretion.
3.6 Acceptance shall take place when the Company sends you an email entitled: Transaction Successful stating that the Seller expressly accepts your order. You will find the complete details of the product that you ordered in the letter as well as its corresponding reference number.
3.7 In the event that the item you purchased runs out of stock, the Company undertakes to contact and inform you of this situation immediately. The purchased value of that out-of-stock item will be credited to your / couple's Registry (in case of purchase by guest) as a store credit. The couple may then apply this store credit to purchase any other product in their Registry or other products that they wish to add to their Registry.
3.8 The Company shall exert best efforts to communicate with the couple/guest regarding any unforeseen events involving the products purchased. You therefore agree that the Company shall be free from any liability arising from any occurrence beyond its control, such as mentioned in 3.6.
3.9 Should there be any mistake on the confirmed order from your end, you are bound to contact our Customer Service immediately. In any case, the Seller reserves the right to cancel or suspend the delivery of the products which are subject of the confirmed order, in its own discretion, and in no case will the Seller or the Company, on behalf of the Seller, be compelled to cancel the confirmed order in accordance with your instructions.
4.1 Delivery of the products shall be made solely to the delivery address that you indicated in your Registry, which address cannot be changed or altered at any time prior to the date of the wedding. For shop for myself items, delivery of the items shall be to the indicated address upon Check out.
Delivery of gifts is free within Metro Manila only. If your designated delivery address is outside of Metro Manila, delivery charges would apply. Knots & Pans will notify you on how much is the total shipping cost. You may then deposit the payment to Knots and Pans' bank account before the scheduled delivery.
4.2 The delivery shall be made either by the Seller or the Company, on behalf of the Seller.
4.3 The Company shall contact you to coordinate the schedule of the delivery. Deliveries are expected within 5-10 business days from date of purchase. For arrangements where delivery shall be made by the Company, it shall be accomplished during Monday to Friday.
4.4 Once the delivery schedule is set, you are bound to strictly follow the same, unless uncontrollable and unforeseen events supervene in the transaction.
4.5 Deliveries may occur more than once, that is, until all purchased items after the closing date of the Registry had been delivered.
4.6 You hereby undertake and warrant that there would be an appointed representative who will receive the products and further agree that it shall be the responsibility of the appointed representative to ensure that all products delivered are received in good condition.
4.7 Once your authorized representative acknowledges that the items delivered are in good condition, the risk of liability shall immediately pass to you and the products successfully delivered can no longer be returned or exchanged to the Company or to the Seller.
4.8 The Company and the Seller, agree to deliver only those Products, which are subject of a valid and binding confirmed order. Under no circumstances will the Seller and the Company be compelled to supply any product that was not part of the Confirmation of Order.
4.9 Delivery of the purchased products shall be done and ownership thereto shall pass to you only upon the full payment of the purchase price.
5.1 You hereby agree to comply and use the payment methods that the Company prescribes. All payments shall be made to the Company on behalf of the Sellers.
5.2 You shall pay the products in full by supplying the Company with your credit card or debit card details from a credit or debit card company acceptable to the Company. Your credit card payments will be received and processed by Payment Service Operator. In this regard, the Company reserves all the rights to require a different form of payment in the event that the credit check is deemed unacceptable by the Payment Service Operator.
5.3 You shall be solely responsible for the use and processing of your chosen payment method. You undertake to free the Company and the Seller from any liability that may arise due to any failure, disruption or error in connection with your chosen payment method.
5.4 Actual payment shall only be charged on your account upon the Seller's acceptance of your order.
5.5 Your failure to make the necessary payments pursuant to the Company's designated payment method will entitle the Seller to cancel your confirmed order or to suspend the delivery until full payment therefor is made, without prejudice to any other right or remedy available to the Company or to the Seller by law.
5.6 You undertake that you shall provide all the pertinent details of your payment card and further warrant that all the information furnished is true and accurate.
5.7 The Company guarantees that all payment information received will be kept confidential and secure.
6. Return/ Replacement
6.1 Under no circumstance shall the Company be compelled to accept return or replacement of product items that were received in good condition by you or your authorized representative in your designated delivery address.
6.2 Risk of damage to, or loss of the products, shall pass to you at the time of delivery, or if you or your authorized representative wrongfully fails to take delivery of the Products at the time when the Seller or the Company on behalf of the Seller has tendered delivery of the Products.
6.3 Products or items covered by warranty for return or exchange shall be directly coordinated between the recipient of the item and the Seller.
7. Force Majeure
7.1 The Company shall not be liable for any delay or failure of performance of its obligations hereunder if such delay or failure arises from or is in consequence of force majeure as defined below, and the Company has taken all proper precautions, due care and reasonable alternative measures with the object of avoiding or otherwise minimizing the delay or failure.
7.2 The Company shall promptly give notice thereof to you including sufficient information as to the cause. The term “force majeure” shall mean any of the following:
Acts of God, fire, flood, storm, earthquake, or seismic disturbances, acts of war (whether declared or not), acts of public enemies of the Republic of the Philippines or any other relevant country, sabotage, rebellion, revolution, civil commotion, strikes, lockouts, boycotts, or other causes, whether similar or dissimilar to the foregoing, beyond the reasonable control of the Company.
8. Limitation of Liability
8.1 The provisions of these Terms and Conditions notwithstanding, you agree that the Company's maximum liability to you or to any other party for losses arising out of or connected to the sale of products on this Website, shall not exceed the sum you have paid under such customer contract.
9. Entire Agreement
9.1 These Terms and Conditions embodies all the agreement between you and the Company relating to the subject matter hereof and supersede and cancel in all respects all previous agreements and undertakings on such subject matter, if any, between or among the Parties whether such be written or verbal.
10.1 The Company reserves the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms.
11.1 If any provision contained in these Terms and Conditions is ineffective, void, voidable, illegal or unenforceable, such provision shall (without in any way affecting the effectiveness, validity, legality and enforceability of the remainder hereof) be severable herefrom and this agreement shall be read and construed and shall take effect for all purposes as if such provision were not contained.
12.1 You hereby agree that you may not transfer any rights or interests in these Terms and Conditions to any third party without the Company's express written consent, and provided that any transferee or assignee must consent to be bound by these Terms and Conditions.
13. No Implied Waiver
13.1 No failure or delay on the part of the Company in exercising any right under these Terms and Conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our rights under these Terms and Conditions.
14. Trademarks and Intellectual Property Rights
14.1 The Company name and logo and all related marks, slogans or related names are our trademarks or service marks or our licensors.
14.2 The Company owns any and all photos, video, audio file, or any graphics published in this Website. All such rights are reserved and may not be used without our expressed approval in writing.
14.3 Unauthorized use or reproduction of any and all materials published herein may give rise to a claim for damages and/or be a criminal offense.
15. Governing Law
15.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines.