Terms of Service

1. INFORMATION ABOUT US

1.1. We are HairFood Co., a company registered in the Philippines under company name of Sonny and Marsha Holdings, Inc., and with our registered office at 2nd Floor Panregalo Home Decor Building, Prk. Obrero, Brgy. Dadiangas North, National Highway, General Santos City. We operate the website www.hairfoodco.ph and trade under the name Sonny and Marsha Holdings, Inc. Our VAT number is 459-040-338-000.

1.2. You have a legal right to cancel a Policy Agreement/Contract as set out in clause 10.

1.3. If you wish to contact us for any other reason, including because you have any complaints, you can contact us by emailing us at www.hairfoodco.ph.

1.4. If we have to contact you or give you notice in writing, we will do so by email or by prepaid post to the address you provide to us in your order.


2. OUR PRODUCTS

2.1. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.

2.2. The packaging of the Products may vary from that shown on images on our site.


3. USE OF OUR SITE

3.1. Please take the time to read these, as they include important terms which apply to you.

3.2. You may only purchase Products from our site if you are at least 18 years old.


4. HOW WE USE YOUR PERSONAL INFORMATION

4.1. We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.


5. HOW THE AGREEMENT IS FORMED BETWEEN YOU AND US

5.1. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

5.2. After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.

5.3. We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

5.4. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 7.5, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

5.5. If we have advised you via email, text, or during the purchase of the product, and you have acknowledged the process of using the product, this is an agreement that you are accepting and with full knowledge of the product and in this instance a complimentary refund may not be offered.


6. OUR RIGHT TO VARY THESE TERMS

6.1. We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.

6.2. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

6.3. We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.

6.4. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.


7. PRICE AND PAYMENT

7.1. The prices of the Products will be as quoted on our site and all the designated kiosks at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 7.5 for what happens if we discover an error in the price of Product(s) you ordered.

7.2. Prices for our Products may change from time to time, but the changes will not affect any order you have already placed.

7.3. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the Philippines for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

7.4. The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

7.5. HairFood Co. contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

7.6. You can only pay for Products using a debit card, credit card, cash or cash on delivery. We accept the following cards: VISA, MASTERCARD and American Express.

7.7. Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.


8. DELIVERY

8.1. The estimated delivery date of the Product(s) will be set out in the Dispatch Confirmation or, if no delivery date is specified, within 30 days after the date of the Dispatch Confirmation. We ask that you inform us if you have not received your Products within 7 days of the estimated delivery date as we cannot investigate non receipt of deliveries after this time. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 13 for our responsibilities when this happens.

8.2. Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.

8.3. The Products will be delivered by LBC or Black Arrow. Someone will need to be present at the delivery address to accept and sign for the order. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.

8.4. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery or collection we may end the Contract and refund any money which you have paid. We reserve the right to deduct our reasonable costs.

8.5. If we do not deliver the Products within the timescales referred to in clause 8.1 then you may cancel the Agreement.

8.6. If you do not wish to cancel the Agreement, you can give us a new deadline for delivery, which must be reasonable, and you can cancel the Contract if we do not meet the new deadline.

8.7. If you do choose to cancel the Agreement for late delivery under clause 8.5 or clause 8.6, you can do so for just some of the Products or all of them. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel the Agreement we will refund any sums you have paid to us for the cancelled Products and their delivery.

8.8. Unfortunately, we do not deliver to addresses outside the Philippines.

8.9. You may place an order for Products from outside the Philippines, but this order must be for delivery to an address in the Philippines.


9. PRODUCT WARRANTY

9.1. For all HairFood Co. products, we provide a warranty that on delivery and for a specified period from delivery, the products shall be free from material defects. The warranty period provided is specific to each product. Please refer to our website for further details. However, this warranty does not apply in the circumstances described in clause 9.2.

9.2. The warranty in clause 9.1 does not apply to any defect in the Products arising from:

9.2.1. Carelessness by the buyer;

9.2.2. Wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

9.2.3. If you fail to use the products in accordance with the user instructions;

9.2.4. Any combination or putting together of substances to the product by you or by a third party.

9.3. This warranty is in addition to, and does not affect your legal rights in relation to Products that are faulty or not as described. Clause 11 sets out what to do if there is a problem with your Product and independent advice about your legal rights is available from your nearest Department of Trade and Industry office.


10. YOUR RIGHT TO CANCEL

10.1. You have a legal right to cancel an Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Bill of the Consumer Act of 2017 during the period set out below in clause 10.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Department of Trade and Industry office.

10.2. Your legal right to cancel an Agreement starts from the date of the Dispatch Confirmation (the date on which we will email you to confirm our acceptance of your order), which is when the Agreement between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

Our Agreement End of the Cancellation Period
Our Agreement is for a single Product (which is not delivered in installments on separate days).

The end date is the end of 14 days after the day on which you receive the Product.

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

Our Contract is for multiple Products which are delivered on separate days.

The end date is 14 days after the day on which you receive the last of the separate Products ordered.

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first Product(s) in that order on 10 January and the last Product(s) in that order on 15 January you may cancel in respect of any or all of the separate Products at any time between 1 January and the end of the day on 29 January.

10.3. To cancel the Agreement, you just need to let us know that you have decided to cancel. You can notify us in the following ways:

Email us at customerservice@samasiainc.com.

We will email you to confirm that we have received your cancellation and provide you with a confirmation receipt for you to use if you have already received the Product and need to return it to us .If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.

10.4. If you cancel the Agreement, we will:

10.4.1. Refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;

10.4.2. Refund the cost of our standard delivery service; and

10.4.3. Make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

10.4.3.1. If you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 10.5;

10.4.3.2 If you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Agreement.

10.5. If a Product has been delivered to you before you decide to cancel your Contract:

10.5.1. Then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Agreement. Please return the Product and a print out of the Returns Form to:

SONNY AND MARSHA HOLDINGS, INC.

2ND FLOOR PANREGALO HOME DECOR BUILDING

PRK. OBRERO, BRGY. DADIANGAS NORTH, NATIONAL HIGHWAY

GENERAL SANTOS CITY, 9500 PHILIPPINES

10.5.2. Unless the Product is faulty or not as described (in this case, see clause 11.1), you will be responsible for the cost of returning the Products to us.


11. IF THERE IS A PROBLEM WITH YOUR PRODUCT

11.1. In addition to your right to cancel under clause 10, you may have the right to return the Products if they are faulty or mis-described or if they do not comply with the manufacturer’s warranty.

11.2. In addition to your legal rights set out under clause 11.4 below, if any of the Products develop a fault and it is more than 30 days since receipt, then provided the Product is within its warranty period, you are entitled to a warranty. Please refer to clause 9 for further details.

11.3. To notify us of a faulty Product please email us customerservice@samasiainc.com for a return email. When you send us the Returns Email, please indicate a replacement product to be sent out.

11.4. The Consumer Act or RA7394 says products must be as described, fit for purpose and of satisfactory quality.

· Protection against hazards to health and safety;

· Protection against deceptive, unfair and unconscionable sales acts and practices

11.5. If you have returned the Products to us under this clause 11 because they are faulty or mis-described and you have advised us that you would like a replacement product, we will refund any applicable delivery charges, and any reasonable costs you incur in returning the item to us, upon receipt of proof of postage costs from you.

11.6. We will refund you by the same method of payment you used to pay. If you used vouchers to pay for the Product we may refund you in vouchers.

11.7. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Independent advice about your legal rights is available from your local Department of Trade and Industry office.


12. OUR LIABILITY

12.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Agreement.

12.2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.3. We do not in any way exclude or limit our liability for:

12.3.1. Death or personal injury caused by our negligence;

12.3.2. Fraud or fraudulent misrepresentation;

12.3.3. Any breach of the terms implied by The Consumer Act or RA 7394 (description, satisfactory quality, fitness for purpose and samples); and

12.3.4. Defective products under The Consumer Act or RA 7394.

13. OTHER IMPORTANT TERMS

13.1. When we refer, in these Terms, to "in writing", this will include email.

13.2. We may transfer our rights and obligations under this Agreement to another organization, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.

13.3. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 9 to the recipient of the gift without needing to ask our consent.

13.4. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under Article 1257 of the Civil Code or otherwise. However, the recipient of your gift of the product will have the benefit of our warranty at clause 9, but we and you will not need their consent to cancel or make any changes to these Terms.

13.5. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

13.6. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

13.7. Please note that these Terms are governed by Philippine law. This means a Policy for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Philippine law. You and we both agree that the courts of the Philippines will have non-exclusive jurisdiction.


OUR RELATIONSHIP

You acknowledged and agreed that no joint venture, partnership, employment, or agency relationship exists between you and HairFood Co. as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of HairFood Co., and we shall not be liable for any representation, act, or omission on your part.


NO WAIVER

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.


GOVERNING LAW

The TOS together with all our policies and procedures will be governed by and construed in accordance with the relevant Philippine law and the relevant courts of the Philippines will have exclusive jurisdiction.


CONTACT INFORMATION

HairFood Co. Customer Service can be reached via email at customerservice@samasiainc.com or via telephone at (083) 553-0167.