Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.
If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and using the Services.
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms of Use.
2.1 Guidelines to the use of Platform and/or Services: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
2.2 Restricted activities: You agree and undertake NOT to:
2.3 Availability of Platform and Services: We 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 Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
2.4 Right, but not obligation, to monitor content: We reserve the right, but shall not be obliged to:
2.5 Privacy Policy: Your use of the Services and/or access to the Platform is also subject to the Privacy Policy as set out Here.
2.6 Terms & Conditions of Sale: Purchases of any Product would be subject to the Terms & Conditions Of Sale.
2.7 Additional terms: In addition to these Terms of Use, the use of specific aspects of the Materials and Services, more comprehensive or updated versions of the Materials offered by us or our designated sub-contractors, may be subject to additional terms and conditions, which will apply in full force and effect.
3.1 Application of this Clause: In addition to all other terms and conditions of these Terms of Use, the provisions in this Clause 3 are the additional specific terms and conditions governing your use of the Services.
3.2 Restrictions: Use of the Services is limited to authorized Customers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services may not use the Services even if they satisfy the requirements of this Clause 3.2.
3.3 General terms of use: You agree:
3.4 Product description: While we endeavor to provide an accurate description of the Products, we do not warrant that such description is accurate, current or free from error.
3.5 Prices of Products: All Listing Prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.
3.6 Third Party Vendors: You acknowledge that parties other than Lazada (i.e. Third Party-Vendors or Sellers) list and sell Products on the Platform. Whether a particular Product is listed for sale on the Platform by Lazada or a Third-Party Vendor may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third-Party Vendor’s Products to a Customer shall be an agreement entered into directly and only between the Third-Party Vendor and the Customer.
4.1 Username/Password: Certain Services that may be made available on the Platform may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be: (i) determined and issued to you by us; or (ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the Username and/or Password. You should notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password or if your Personal Data requires updating.
4.2 Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:
You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorized by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/or or access to the Platform referable to your Username and Password.
5.1 Ownership: The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.
5.2 Restricted use: No part or parts of the Platform, or any Materials 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 without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
5.3 Trademarks: The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.
6.1 No representations or warranties: The Services, the Platform and the Materials are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform, the Services or the Materials are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform, the Services or the Materials. Without prejudice to the generality of the foregoing, we do not warrant:
6.2 Exclusion of liability: Lazada Indemnitees shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
6.3 At your own risk: Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Platform is entirely at your own risk and we shall not be liable therefor.
7.1 Hyperlinks: For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
7.2 Promotions: We may attach banners, java applets and/or such other materials to the Platform for the purposes of promoting our or our Third-Party Vendors’ products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such promotional materials.
8.1 Submissions by you: You grant us a non-exclusive license to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove or edit your Submissions.
8.2 Consent to receive e-mails: You give your full, free, and unequivocal consent and authority to the collection, processing and use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails and any and all communications, notices, updates and other information to you,. Your agreement to the provisions of this Clause 8.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Philippines or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
8.3 Lazada may, from time to time, be required by government agencies to disclose certain information in connection with any audit or investigation. You understand that we are not required to contest any demand made by an (government) authority for such information.
Privacy Policy: You acknowledge that you have read and agree to the Privacy Policy set out Here. and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.
9.1 Termination by us: In our sole and absolute discretion, we may with immediate effect, upon giving you notice, terminate your use of the Platform and/or Services and/or disable your Username and Password. We may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Platform.
9.2 Termination by you: You may terminate these Terms of Use by giving seven days’ notice in writing to us.
10.1 Notices from us: All notices or other communications given to you if:
10.2 Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavor to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
10.3 Other modes: Notwithstanding Clauses 10.1 and 10.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
11.1 Cumulative rights and remedies: Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.
11.2 No waiver: Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.
11.3 Severability: If at any time any provision of these Terms of Use shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms of Use.
11.4 Rights of third parties: A person or entity who is not a party to these Terms of Use shall have no right under any legislation in any jurisdiction to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms of Use.
11.5 Governing law: Use of the Platform and/or the Services and these Terms of Use shall be governed by and construed in accordance with Philippine law. If any dispute arises in connection with these Terms of Use, the Parties shall attempt, in fair dealing and in good faith, to settle such dispute. If the Parties are not able to reach an amicable settlement pursuant to the preceding section they shall try to agree on an appropriate ADR proceeding (for example mediation, conciliation, expert determination, dispute board, adjudication). If they do not reach agreement on the appropriate ADR proceeding within 14 days after failure of the settlement negotiations or if the dispute is not settled through an ADR proceeding within a period of two months after initiation of the ADR preceding, each Party may initiate an arbitration proceeding pursuant to the following paragraph.
All disputes arising out of or in connection with the present contract, including any question regarding its existence, validity or termination, shall be finally settled in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (“PDRCI”) for the time being in force, which rules are deemed incorporated by reference into this clause. The arbitral tribunal shall consist of three arbitrators to be chosen in accordance with the rules of the PDRCI. The seat of arbitration shall be the Philippines. The procedural law of this seat applicable to commercial arbitration proceedings shall apply where the Rules are silent. The language to be used in the arbitration proceedings shall be English.
11.6 Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
11.7 Amendments: We may by notice through the Platform or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms of Use, such variation to take effect on the date we specify through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms of Use. Our right to vary these Terms of Use in the manner aforesaid will be exercised with may be exercised without the consent of any person or entity who is not a party to these Terms of Use.
11.8 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
11.9 Currency: Money references under these Terms of Use shall be in Philippines Peso.
11.10 Language: In the event that these Terms of Use is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.
11.11 Entire agreement: These Terms of Use shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
11.12 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
11.13 Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
11.14 Assignment: You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.
11.15 Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
The following terms and conditions (T&Cs) apply to your use and redemption of promotional vouchers or voucher codes, where such vouchers are offered for no consideration (according to voucher Terms & Conditions)
1. Definitions. Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms of Use:
2. Interpretation: Any reference in these Terms of Use 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. In the Agreement, 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 calendar days, and the words “month” or “monthly” as well as all 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 of Use. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Use, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of Lazada and the provision which is more favorable to Lazada shall prevail.
Last Updated: October 25, 2017
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms & Conditions of Sale.
2.1 Your compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform, as well as any amendments to the aforementioned, issued by Lazada (whether as part of use of the Platform or in relation to the purchase of Products, on behalf of Seller), from time to time. Lazada reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
2.2 Sellers: Products are sold by “Sellers”. Lazada may be a “Seller” for selected Products. “Seller” may also refer to a party other than Lazada (such party referred to in these Terms & Conditions of Sale as a “Third Party Vendor”). Whether a particular Product is listed for sale on the Platform by Lazada or a Third-Party Vendor may be stated on the webpage listing that Product. Products sold to you by Sellers will be governed by individual Customer Contracts (more details below in Clause 2.6) which:
2.3 Product description: While Seller endeavors to provide an accurate description of the Products, neither Lazada nor Seller warrants that such description is accurate, current or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which you have ordered, Clause 6 of these Terms & Conditions of Sale shall apply.
2.4 Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the “Submit Order button. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.
2.5 All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 8, you may request to cancel or amend the Order which Seller will endeavor to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Seller is not obliged to give effect to any request to cancel or amend any Order. The details regarding the cancellation process and policy of Lazada can be accessed Here.
2.6 Seller’s reservation of rights in respect of Orders: All Orders shall be subject to Seller’s acceptance in its sole discretion and each Order accepted by Seller (such accepted Order to be referred to as a “Customer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from Lazada confirming your Order, Seller shall not be party to any legally binding agreements or promises made between Seller and you for the sale or other dealings with the Product(s) and accordingly Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Seller reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion. Please note that there are cases when an order cannot be processed for various reasons. Lazada reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order
2.7 Termination by Seller in the event of pricing error: Seller reserves the right to terminate the Customer Contract, in the event that a Product has been mispriced on the Platform, in which event Lazada shall, on behalf of Seller, notify you of such cancellation. . Seller or Lazada shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you. Upon termination of the Customer Contract under this clause, the Seller shall refund the payment charged to you for the Product, subject to the process and timelines of payment providers and/or payment partners, as provided under clause 5.6.2 below.
2.8 Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by Seller via the Platform, under the “Specifications” tab in the field “Product Warranty” for the relevant Product, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, Seller excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied.
2.9 Customer’s acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either Lazada or Seller. You also acknowledge and agree that to the extent allowed under Philippine law, the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale and Customer Contracts allocate risks between the parties and permit Seller to provide the Products at lower fees or prices than Seller otherwise could and you agree that such exclusions on liability are reasonable.
2.10 No representations or warranties: Without prejudice to the generality of the foregoing Clause 2.9 and to the extent allowed under Philippine law:
2.11 Intellectual Property:
3.1 Address: Delivery of the Products shall be made to the address you specify in your Order either by Seller or by Lazada (or its agents) on behalf of Seller.
3.2 Shipping & packing charges: Shipping and packing charges shall be as set out in the Order.
3.3 Tracking: You may track the status of the delivery at the “Order Tracking” page of the Platform.
3.4 Delivery timeframe: You acknowledge that delivery of the Products is subject to availability of the Products. Seller will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed Seller will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available to Seller. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery whatsoever caused.
3.5 Deemed receipt: In the event you do not receive the Product by the projected delivery date and provided that you inform Lazada within 3 days immediately from such projected delivery date, Seller will try, to the best of Seller’s ability, to locate and deliver the Product. If Lazada does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the Product subject to your rights under Philippine law.
3.6 Customer’s failure to take delivery: If the Customer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Seller, Seller may terminate the Customer Contract.
4.1 Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to Seller (through the Platform). Lazada and/or Seller is determined to provide the most accurate pricing information on the platform to its customers. However, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, Lazada and/or Seller reserves the right to refuse or cancel any order. In the event that an item is mispriced, Lazada may, at its own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Lazada shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
4.2 Taxes: All Listing Prices are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
5.1 General: You may pay for the Product using any of the payment methods prescribed by Lazada from time to time. When you place an Order, actual payment will be only charged upon Seller’s acceptance of your Order and formation of a Customer Contract. All payments shall be made to Lazada, either accepting payment in its own right or as Seller’s agent (where Seller is a Third-Party Vendor). You acknowledge that Lazada is entitled to collect payments from you on behalf of Third Party Vendors.
5.2 Additional terms: The payment methods may be subject to additional terms as prescribed by Lazada from time to time.
5.3 Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its agents (which may include Lazada), for any failure, disruption or error in connection with your chosen payment method. Lazada reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
5.4 Invoicing: Seller may invoice you upon the due date of any payment under a Customer Contract.
5.5 Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.
5.6 Refund of Payment:
6.1 Return Policy: All returns must be done in accordance with the instructions set out in the Return Policy Here. Seller is not obliged to agree to any return unless all such instructions are followed to Seller’s and Lazada’s satisfaction. Should Seller agree to the return, Seller will deliver the replacement Product to your specified address.
6.2 Permitted returns: Subject to Clause 6.1, within 14 days and/or 7 days, depending on the product, from the date of delivery of the Product, you may return a Product when you:
6.3 Repair, replacement or price reduction: As an alternative to returning faulty or damaged Products under Clause 6.2, a Customer may request for a repair or replacement of such Products. Such request shall be irrevocable upon notification of the request to Lazada and the Customer may not later elect for a return under Clause 6.2. Where the Products have not been repaired or replaced within a reasonable time, Lazada may, at its sole discretion, grant to the Customer a reduction of the price in proportion to the reduced value of the Products, provided that under no circumstance shall such reduction exceed 15 per cent. (15%) of the price of the affected Products. Upon repair, replacement or price reduction being made as aforesaid, the Customer shall have no further claim against Seller.
6.4 Replacement Products: When Lazada has provided replacement Products or given the Customer a refund, the non-conforming Products or parts thereof shall become Seller’s property and upon request such Products or parts thereof should be shipped back to Seller.
6.5 Risk of damage or loss: Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery, or if the Customer wrongfully fails to take delivery of the Products, the time when Seller (via Lazada or Lazada’s agents) has tendered delivery of the Products.
6.6 In cases where the customer refuses to take possession of the product without sufficient cause or justification, or returns the item without sufficient cause or justification, as provided under Clause 6, Lazada will safely keep the item for a period of fifteen (15) days, reckoned from the date Lazada receives the product from customer. After the lapse of such period, the product or item is deemed abandoned by customer, and Lazada or Seller may dispose of the product or item. Notwithstanding the foregoing, Lazada will use its best efforts to return the product to the Customer within the time frame provided.
If you have any questions or complaints, please contact Lazada using the “Contact Us” page on the Platform. Lazada will liaise with Sellers on your questions and complaints.
8.1 Cancellation by you: You may cancel the Customer Contract before Seller dispatches the Products under such Customer Contract by written notice to Lazada at ”Contact Us” page on the Platform, subject to Clause 2.5. If the Products have already been dispatched, you may not cancel the Customer Contract but may only return the Products in accordance with Clause 6.
8.2 Cancellation by Seller: Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale, Seller, or Lazada acting on Seller’s behalf, may stop any Products in transit, suspend further deliveries to the Customer and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:
9.1 Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the Goods, the time when Lazada has tendered delivery of the Goods.
9.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Customer until Lazada has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Lazada to the Customer for which payment is then due.
For cross-border transactions or for products shipped from abroad or overseas, the contract of sale is deemed to have been entered into or perfected in the place where the Seller is located.
9.3 Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as Lazada's fiduciary agent and bailee and shall keep the Goods separate from those of the Customer.
9.4 The Customer agrees with Lazada that the Customer shall immediately notify Lazada of any matter from time to time affecting Lazada’s title to the Goods and the Customer shall provide Lazada with any in-formation relating to the Goods as Lazada may require from time to time.
9.5 Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold) Lazada shall be entitled at any time to demand the Customer to deliver up the Goods to Lazada and in the event of non-compliance. Lazada reserves its right to take legal action against the Customer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Customer.
9.6 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Lazada but if the Customer does so all moneys owing by the Customer to Lazada shall (without prejudice to any other right or remedy of Lazada) forthwith become due and payable.
9.7 If the provisions in this Condition 9 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Customer shall take all steps necessary to give effect to the same.
9.8 The Customer shall indemnify Lazada, all of its respective officers, employees, directors, agents and contractors against all loss damages costs expenses and legal fees incurred by the Customer in connection with the assertion and enforcement of Lazada's rights under this condition.
10.1 Sole remedies of customer: The remedies set out in Clause 6 are the Customer’s sole and exclusive remedies for non-conformity of or defects in the products.
10.2 Maximum Liability: Notwithstanding any other provision of these terms & conditions of sale, Seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each customer contract, will not exceed the sums that you have paid to Seller under such customer contract.
10.3 Exclusion of liability: Lazada indemnitees shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: (i) amounts due from other users of the platform in connection with the purchase of any product; (ii) the sale of the products to you, or its use or resale by you; and (iii) any defect arising from fair wear and tear, willful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the products or failure to comply with Seller’s instructions on the use of the products (whether oral or written).
11.1 References to “Lazada”: References to “Lazada” in these Terms and Conditions of Sale apply both to Lazada’s actions on its own behalf as Seller and/or as the operator of the Platform or as the agent of Third Party Vendors as Sellers in respect of each and every Customer Contract.
11.2 Right to subcontract: Third Party Vendors or Sellers shall be entitled to delegate and/or subcontract any rights or obligations under these Terms & Conditions of Sale to Lazada or any of Lazada’s designated service providers, subcontractors and/or agents.
11.3 Cumulative rights and remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale and Seller’s rights and remedies under these Terms & Conditions of Sale are cumulative and are without prejudice and in addition to any rights or remedies Seller may have in law or in equity, and no exercise by Seller of any one right or remedy under these Terms & Conditions of Sale, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale or at law or in equity) operate so as to hinder or prevent Seller’s exercise of any other such right or remedy as at law or in equity.
11.4 Warranties: The implied warranty under the New Civil Code of the Philippines against hidden defects and the rights of a consumer under Title III, Chapter III of the Consumer Act of the Philippines shall apply.
11.5 No waiver: Seller’s failure to enforce these Terms & Conditions of Sale shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms & Conditions of Sale. Seller would still be entitled to use its rights and remedies in any other situation where you breach these Terms & Conditions of Sale.
11.6 Severability: If at any time any provision of these Terms & Conditions of Sale shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms & Conditions of Sale.
11.7 Rights of third parties: A person or entity who is not a party to these Terms & Conditions of Sale shall have no right under any legislation in any jurisdiction to enforce any term of these Terms & Conditions of Sale, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms & Conditions of Sale.
11.8 Governing law: These Terms & Conditions of Sale shall be governed by, and construed in accordance with the laws of Philippines.
11.9 If any dispute arises in connection with these Terms of Use, the Parties shall attempt, in fair dealing and in good faith, to settle such dispute. If the Parties are not able to reach an amicable settlement pursuant to the preceding section they shall try to agree on an appropriate ADR proceeding (for example mediation, conciliation, expert determination, dispute board, adjudication). If they do not reach agreement on the appropriate ADR proceeding within 14 days after failure of the settlement negotiations or if the dispute is not settled through an ADR proceeding within a period of two months after initiation of the ADR preceding, each Party may initiate an arbitration proceeding pursuant to the following paragraph.
All disputes arising out of or in connection with the present contract, including any question regarding its existence, validity or termination, shall be finally settled in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (“PDRCI”) for the time being in force, which rules are deemed incorporated by reference into this clause. The arbitral tribunal shall consist of three arbitrators to be chosen in accordance with the rules of the PDRCI. The seat of arbitration shall be the Philippines. The procedural law of this seat applicable to commercial arbitration proceedings shall apply where the Rules are silent. The language to be used in the arbitration proceedings shall be English.
11.10 Injunctive relief: Seller may seek immediate injunctive relief if Seller makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
11.11 Amendments: Seller may by notice issued jointly with Lazada through the Platform or by such other method of notification as Seller may designate solely through Lazada (which may include notification by way of e-mail), vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Seller specifies through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms & Conditions of Sale. Seller’s right to vary these Terms & Conditions of Sale in the manner aforesaid will be exercised with the joint involvement of Lazada (either via the Portal or such other means as Lazada prescribes) and subject to the foregoing, may be exercised without the consent of any person or entity who is not a party to these Terms & Conditions of Sale. The version of Terms & Conditions of Sale applicable to any particular Order is the latest version in force.
11.12 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.
11.13 Currency: Money references under these Terms & Conditions of Sale shall be in Philippines Pesos.
11.14 Language: In the event that these Terms & Conditions of Sale is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms & Conditions of Sale shall govern and shall take precedence over the Foreign Language Version.
11.15 Entire agreement: These Terms & Conditions of Sale shall constitute the entire agreement between you and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
11.16 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by Seller or its service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between Seller and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
11.17 Subcontracting and delegation: Lazada reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms & Conditions of Sale and reserves the right to use any service providers, subcontractors and/or agents on such terms as Lazada deems appropriate.
11.18 Assignment: You may not assign your rights under these Terms & Conditions of Sale without Seller’s prior written consent. Seller may assign its rights under these Terms & Conditions of Sale to any third party.
11.19 Force Majeure: Neither Lazada nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms & Conditions of Sale (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Lazada’s or Seller’s reasonable control.
1. Definitions. Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms of Use:
2. Interpretation: Any reference in these Terms & Conditions of Sale 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. In these Terms & Conditions of Sale, 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 calendar days, and the words “month” or “monthly” as well as all 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 & Conditions of Sale. In the event of a conflict or inconsistency between any two or more provisions under these Terms & Conditions of Sale, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of Lazada and the provision which is more favorable to Lazada shall prevail.
Last Updated: October 25, 2017.
a. The terms and conditions on the use of digital vouchers & gift cards sold on the Lazada platform by merchants/sellers are governed by specific Terms of Use of the merchant, and these terms and conditions.
b. Purchased digital vouchers and gift cards cannot be exchanged for cash. Each merchant of digital vouchers and gift cards operates its own policy on issuing replacements, where applicable, and subject to the terms of use of each digital voucher and/or gift card.
c. Customers can refer to the digital voucher or gift cards product page and emails/SMS for any merchant specific terms and conditions, such as but limited to the following: the time when they can be redeemed or used, validity, and expiry dates, if applicable.
a. The security of the digital vouchers and gift cards is the responsibility of the customer.
a. There are certain rules and restrictions which limit the use of digital vouchers & gift cards and these can be found on the product page of the specific digital voucher and gift card. The digital voucher or gift card is redeemable if it is used in accordance with the terms of use and the validity periods, if any. Please refer to the details for each digital voucher and gift card as they are described on the specific product page.
a. The instructions on how to redeem the digital vouchers and gift cards are made available on product page of the digital vouchers & gift cards.
b. For digital vouchers which can be used on other platforms or websites,
c. For digital vouchers that can be used in establishments such as but not limited to restaurants and hair salons, the redemption and use of such are described in the product page of the voucher. In general, you can bring the code, if any, or the message pertaining to the digital voucher or gift card to the establishment for redemption. If your order total exceeds the amount on your digital voucher or gift card, you can pay the remainder with a payment method available for the establishment.
d. For online checkouts where the digital voucher may be used as a form of discount, after entering your pin or voucher code of the digital vouchers and gift cards, the balance will immediately be deducted from the order total. If your order total exceeds the amount on your gift card, you can pay the remainder with a payment method available.
e. Multi-redemption may be allowed depending on the merchant as long as there is balance in the digital vouchers and gift cards’ value.
a. Digital vouchers & gift cards cannot be returned or cancelled after purchase.
b. A replacement may be allowed provided there is a failure on the merchant’s system or error in the email and/or phone number provided by the customer.
c. Refunds for orders paid with a gift card are applied to the gift card (see your refund email if you no longer have the card).
d. For returning/exchanging a good/services purchased for gift cards, ensure to follow the merchants’ terms & conditions.
• The Customer agrees that Lazada shall be entitled to use or disclose any information or data disclosed by the Customer in accordance with Lazada’s Privacy Policy. The Customer is entitled to withdraw such consent in the procedure as prescribed by Lazada from time to time.
• Order fulfilment may be handled by the merchant , and the customer will receive direct communication regarding the pin code for digital vouchers & gift cards. For promotions, customers have the right to further provide consent based on customer’s discretion.
2. The Customer shall be responsible for any errors in providing the prepaid mobile number, such as but not limited to any cancellations occurring caused by inactive, invalid, and incomplete provided mobile numbers and other errors committed by customer.
3. Mobile load using the same number will only be allowed for a maximum of 2 (two) times per day.
4. The limitation of mobile load as stated in point 3 shall be applied to all types of mobile load which will be purchased.
5. Lazada reserves the right to cancel and/or reject the order if the Customer failed to comply with this Mobile Load Terms and Conditions, the Lazada Terms of Use, and the Lazada Terms and Conditions of Sale, or if the purchase of mobile load meets the following criteria:
6. Lazada reserves the right to update this Mobile Load Terms and Conditions and/or cancel any promotions at any time subject to the provisions of the Lazada Terms of Use and the Lazada Terms and Conditions of Sale.
Capitalized terms used in this Privacy Notice but not defined here shall have the meaning ascribed to them in the Lazada E-Wallet User Terms And Conditions (“Terms and Conditions”). As set out in the Terms and Conditions, your Lazada E-Wallet may be used to make payment for the purchase of goods and services through the Lazada E-Wallet in accordance with the Terms and Conditions.
From time to time, it is necessary for you to provide Alipay with Personal Data in connection with the opening or continuation of your Lazada E-Wallet and the receipt of the services provided by Alipay under the Terms and Conditions. By agreeing to the terms of the Terms and Conditions and completing the registration as a user of the Lazada E-Wallet, you will be deemed to have agreed to and been notified of the terms of this notice concerning the collection, use, storage, transfer and disclosure of your Personal Data as set out in this notice.
If you do not supply such Personal Data to Alipay, it may result in us being unable to open or continue your Lazada E-Wallet, to provide services under the Terms and Conditions or to comply with any laws or guidelines issued by regulatory or other authorities.
The word “including” shall not be limiting.
We may obtain your Personal Data from various sources (e.g. from you or through third parties), including:
The above information obtained by us may constitute your Personal Data. We have taken steps to ensure that we do not collect more information (whether or not such information constitutes Personal Data) from you than is necessary for us to provide you with our services, to perform the functions set out in Part B of this notice, to protect your account, comply with our legal obligations, protect our legal rights, and to operate our business.
We may use the Personal Data that we obtain about you for the following purposes:
We may also use your Personal Data in other ways for which we provide specific notice at the time of collection or for which you have subsequently consented.
Your Personal Data held by Alipay will be kept confidential but Alipay may provide such information to the following parties (whether within or outside your country of residence) for the purposes set out in B above subject to all relevant data privacy regulations such as the Data Privacy Act of 2012 and its implementing rules and regulations:
We take all reasonable steps, including technical, administrative and physical safeguards, to help protect your Personal Data that we process from loss, misuse and unauthorized access, disclosure, alteration and destruction.
We will retain and procure our service providers to retain your Personal Data only for so long as is necessary for the purposes set out in this notice and in accordance with all applicable laws and regulatory requirements.
We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. If you share a computer with others, you should not save your log-in information (e.g., user ID and password) on that shared computer.
Your Personal Data may be processed outside your country of residence (including outside Philippines), wherever Alipay, other members of the Ant Financial Group, Lazada and other members of the Lazada Group, Alibaba Group and other third parties to whom we may disclose Personal Data under C above operate, subject to all relevant data privacy regulations such as the Data Privacy Act of 2012 and its implementing rules and regulations. The countries where your Personal Data may be processed may not have the same data protection laws as the laws of your country of residence (including Philippines).
The Lazada E-Wallet may provide links to other websites and services (including apps operated by third parties) for your convenience and information. These services and websites may operate independently from us and may have their own privacy notices or policies, which we strongly suggest you to review before you use any of their services or conduct any activities on those websites. To the extent that any linked websites you visit are not owned or controlled by us, we are not responsible for their contents, their privacy practices and the quality of their services.
Alipay reserves the exclusive right to change, amend or revise this notice from time to time.
If you wish to contact us, including if you wish to exercise any rights you may have under applicable law (such as exercising any right to opt-out of data processing), please do so by contacting the Data Protection Officer by the following means:
Alipay may charge a reasonable fee for processing any of your requests if permitted by applicable law.
A. The Lazada E-Wallet is operated by Alipay Philippines Inc. (“Alipay”) for Lazada E-Services Philippines, Inc. (“Lazada”).
B. These Terms and Conditions are in addition to the Terms And Conditions governing your use of the Lazada Website and your Lazada Account.
C. These Terms and Conditions are supplemented by Lazada’s Membership Protection Policy as provided hereunder. The membership protection policy gives Lazada customers the assurance of authorized payments on the Lazada E-Wallet. The Membership Protection Policy also sets out compensation guidelines for losses arising from any unauthorized transactions on the Lazada E-Wallet. The policy is spelled out below.
Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms and Conditions:
“Alipay” means the entity set out in the recitals to these Terms and Conditions and includes its successors and assigns.
“Foreign Language Version” is defined under clause 14.9 of these Terms and Conditions.
“Indemnitees” means Alipay's and Lazada’s respective officers, employees, directors, agents, contractors and assigns.
“Lazada” means the entity set out in the recitals to these Terms and Conditions and includes its successors and assigns.
“Lazada Account” means the online account of the User on the Lazada Website.
“Lazada Payment Account Balance” is defined in clause 3.1 of these Terms and Conditions.
“Lazada Website” is defined as the website or the mobile application (as applicable) from which you purchased the goods or services offered by the Lazada group of companies.
“Payment Instrument” is defined in clause 3.1.
“Personal Data” means data which can be used to identify, contact or locate an individual. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information.
“Privacy Policy” is defined in clause 2.6.
"Promo Coupon" means, to the extent permitted by local law, a promotional coupon which is issued by Lazada to a User relating to Lazada E-Wallet, from time to time as a gratuity, by crediting the coupon amount into the User’s Lazada E-Wallet, and may be used by the relevant User to pay for goods [or services] on the Lazada Website prior to the relevant Promo Coupon’s expiry date, as determined at the sole discretion of Lazada and subject to conditions as may be imposed by Lazada from time to time.
"Refund Coupon" means a refund coupon which is issued by Lazada, by way of refunding a User’s previous purchase of goods [or services] on the Lazada Website and subject to conditions as may be imposed by Lazada from time to time.
"Registration Information" is defined under clause 2.1 of these Terms and Conditions and may include Personal Data.
"Service Fees" is defined in clause 5.1.
"User" means an authorized user of the Lazada Payment Account.
1.1 In these Terms, unless the context otherwise requires, the following definitions shall apply:
"Counterfeit", in relation to the Seller’s Goods, shall mean a good:
(a) which bears a sign identical with, or similar to, a registered trade mark (wherever registered), and:
(i) the application of the sign to the good or the packaging thereto is an infringement of the registered trademark;
(ii) the good is proposed to be imported into the country where the good is delivered to or received by the Customer, and the application of the sign to the good of the packaging thereto would be an infringement of the registered trade mark; or
(iii) the sign has otherwise been used in relation to the good or the packaging thereto in such a way as to infringe the registered trade mark;
(b) where the sign borne on the good or the packaging thereto is identical with, or so nearly resembling, the registered trade mark as to be calculated to deceive; and
(c) the sign borne on the good or the packaging thereto is applied without the express or implied consent of the proprietor of the registered trade mark, and to falsely represent the good to be the genuine good of the proprietor or a licensee of the registered trade mark.
"LazMall Channel" means the sales channel operated by Lazada for the purposes of the LazMall Programme.
"LazMall Goods" means goods purchased from a Seller, on the LazMall Channel through the Lazada Philippines website and/or the LAZADA mobile app.
"LazMall Terms" means these terms and conditions set forth herein, as can be amended by Lazada in its sole and absolute discretion from time to time.
"Terms of Use" means the terms and conditions governing the Customer's use of the Lazada Philippines website and/or the LAZADA mobile app and which are set out at lazada.com.ph
2.1 These LazMall Terms shall apply to your purchase of LazMall Goods. Such LazMall Goods can be identified from the "LazMall" badge on the Seller's listing of the goods.
2.2 By purchasing LazMall Goods, you agree to be bound by these LazMall Terms, as can be amended from time to time, in addition to the Terms of Use for the Lazada Philippines website and/or the LAZADA mobile app, which are incorporated by reference into these LazMall Terms.
2.3 For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Use.
2.4 In the event of a conflict between the provisions of these LazMall Terms and the Terms of Use, the provisions of the LazMall Terms shall prevail.
3.1 Lazada represents and warrants that the LazMall Goods are not Counterfeit.
3.2 Save as provided in Clause 3.1 and in the Terms of Use, Lazada expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind.
3.3 Notwithstanding anything to the contrary in the Terms of Use, your sole and exclusive remedy for Lazada's breach of the representation and warranty given in Clause 3.1 shall be limited to this Clause 3.3.
(a) If you believe that the LazMall Goods which you have purchased do not conform to the representation and warranty given in Clause 3.1, you must make a refund claim in accordance with the procedure, and subject to the exceptions and limitations, set out in the Return Policy, within fifteen (15) days of the date on which you received the LazMall Goods.
(b) Following your refund claim, you will be provided with a template refund claim form (“Claim Form”), within which you should state the reasons for your belief that LazMall Goods which you have purchased does not conform to the representation and warranty given in Clause 3.1.
(c) You shall return the LazMall Good to Lazada in accordance with Lazada’s instructions. Once Lazada receives the LazMall Good, Lazada shall refund you the full purchase price of the LazMall Good within a reasonable period.
(d) Following the return of the LazMall Good to Lazada, Lazada shall verify your Claim Form. For the purposes of facilitating such verification, you shall use your best endeavours to fully cooperate with Lazada. In the event that Lazada determines, in its sole and absolute discretion, that the LazMall Good does not conform to the representation and warranty given in Clause 3.1:
(i) Lazada shall issue a store credit voucher or rebate coupon equivalent in value to the full purchase price of the LazMall Good to your Lazada account; and
(ii) you shall thereafter have no further claim against Lazada, and you shall release and hold harmless Lazada from any and all liability arising out of or in connection with your purchase of the LazMall Good.
(e) In the event that Lazada determines, in its sole and absolute discretion, that the LazMall Good does conform to the representation and warranty given in Clause 3.1, you shall have no further claim against Lazada, and you shall release and hold harmless Lazada from any and all liability arising out of or in connection with your purchase of the LazMall Good.
(f) Lazada’s determination pursuant to this Clause 3.3 shall, save in the case of manifest error, shall be final and binding on you.
(g) If you fail to make a refund claim within fifteen (15) days of the date on which you received the LazMall Goods, as set out in Clause 3.3(a), you are deemed to have accepted the LazMall Goods as conforming to the representation and warranty given in Clause 3.1.
LazMall may offer Next Day Delivery for selected LazMall Goods. However, the availability of Next Day Delivery depends on the time you place your order, the date that you place your order, payment method, the type of LazMall Product that you intend to purchase, the availability of LazMall Goods and your shipping address.
Products that are eligible for Next Day Delivery will be designated as such on the Product Description Page. Standard shipping fees may apply to eligible listings. We may also exclude certain LazMall products from Next Day Delivery and during certain periods, at our discretion. Please refer to the Next Day Delivery page for additional details .
The Customer agrees that Lazada shall be entitled to use or disclose any information or data disclosed by the Customer in accordance with Lazada’s Privacy Policy. The Customer is entitled to withdraw such consent in the procedure as prescribed by laws or Lazada from time to time.
6.1 The Customer shall be bound by and shall fully observe and comply with these LazMall Terms, all Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by the Customer. The rights and protections conferred on Lazada under these LazMall Terms shall be additional to the rights and protections conferred on Lazada under the Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by the Customer.
6.2 Any Clause in these LazMall Terms, all Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by the Customer, that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other Clauses, which Clauses shall continue to be valid and enforceable to the fullest extent permitted by law.
6.3 Lazada reserves the right to alter, modify, add to or otherwise vary these LazMall Terms from time to time, and in such manner as Lazada deems appropriate. The Customer shall be bound by the terms and conditions so amended. In any event, if the Customer continues to use the Service after such notice, the Customer shall be deemed to have accepted the amendments.