Terms of Service

Your use of our platform is subject to these terms of service.

Welcome to Carmen’s Best (the “website”). This website is owned and operated by Carmen’s Best Dairy Products Inc. Please read carefully the following Terms & Conditions governing the use and access of this site. You (as a “customer” and/or “web visitor”) are bound by the guidelines and regulations specified in the terms and conditions. By continuing to use and access the site, you agree to the terms & conditions stated below:

If you have any questions or concerns, please send an email to [email protected]

1. Definition of Terms

The following terminologies and words shall take the following meaning. Unless specified in this clause, other words and terminologies used shall have its dictionary meaning.


Terminology

Definition

Carmen’s Best

Carmen’s Best is an online shop that sells ice cream and other specialty items. This is referred to as the “website”, “platform”, “we”, and “us”.

Carmen’s Best Dairy Products Inc

The sole owner of the platform.

Customers and Visitors

Visitors to the website that may or may have an account with the platform. This is referred to as “you” or “your”.

Products

Tangible items that are available for purchase within the platform

Services

The transactions that customers could do within the platform. This includes, but is not limited to, purchasing of products and leaving a message via the contact form.

Courier

A third party logistics provider that provides delivery services to fulfill an order.

Currency

All transactions made in the platform will use Philippine Peso as their currency.

Login Credentials

The username and password that a visitor needs to enter on the login page of the platform in order to gain access to the ordering functionalities.

Digital Information

Any information presented on the platform.

Confirmation of Order

An email sent to the visitor’s registered email address that expressly states the acceptance of his or her orders.

Order Sent

This order status means that the user’s order has been picked up by the courier from our warehouse to their warehouse.

Order Delivered

This order status means that the user’s order has been delivered to the user’s registered delivery address.

2. General Use of Services and/or Access of this Site

Third party providers are engaged in the site for maintenance and hosting services. You acknowledge that these providers are necessary to keep the site running. They are bound to us with legally binding documents to protect your rights as data subjects.

By continuing to use the site including the services and content available within the site, you agree to abide by the guidelines, policies, and instructions set on this page. We reserve the right to apply amendments to the terms & conditions, whenever deemed necessary.

The amendments shall take effect upon posting on this page and without prior notice. You acknowledge that it is your sole responsibility to be aware of the changes as part of your use of the website.

3. Restricted Activities

By your continued use of the website, you agree not to undertake illegal activities, specifically indicated below:

4. Privacy Policy

You are subject to the Privacy Policy of the website. By continuing to use the website, you agree with our process of collection, retention, processing, storage, and others, as specified in our Privacy Policy.

5. Terms of Sales

Transactions linked to your purchases to be done within the site are subject to the Terms of Sale. By engaging in these transactions, you agree to comply with the guidelines and policies set in the Terms of Sale.

In addition to the aforementioned terms and conditions, this clause draws more specific guidelines.

5.1. Age Restriction

Only customers of legal age who have the capacity to enter a legally binding contract of sale are allowed to use the site. Therefore, only users that are 18 years old and above are permitted to use the services offered by the site.

5.2. Third Party Vendors

You acknowledge that the products made available in the site are not owned and/or manufactured by us. The brands sold on the platform still hold the ownership of the products including the licenses and certificates governing the marketing and sales of the products.

5.3. User Content

By uploading and using metadata such as but not limited to official hashtags of Carmen’s Best on any social media or blog, or otherwise displayed, published, or submitted to us any material or user content, you hereby irrevocably grant to Carmen’s Best Dairy Products Inc. a non-exclusive, fully sub-licensable, non-revocable, perpetual, worldwide, payment-free and royalty-free to use, modify, broadcast, publish, reproduce, and distribute such material or user content in any media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek your or any party’s permission.

Furthermore, you waive all rights in all user content that you post, upload, or otherwise submit to the site, its official social media accounts, blogs, emails, and any other platform that Carmen’s Best has.

You continue to retain all ownership rights you hold in your user content and the right to use your user content in any way you choose, subject to these terms and license described herein. You shall ensure that the user content that you submit does not or will not violate the privacy rights, copyrights, trademark rights, intellectual property rights or any other rights of any person or entity.

6. Customers with Registered Accounts

6.1. Accounts

You may at your own discretion, create an account within the site to easily access your transaction history and monitor your current transactions. The following information shall be required from you to create an account within the site:

These pieces of information shall be needed to verify the authenticity of the account or verify the legality of transactions. A confirmation email shall be sent to your email upon sign up to verify your account.

6.2. Guest Account

If you prefer not to have a permanent account with us but you want to continue your transaction, you have an option to “Check out as Guest.” The information you will provide to us will be used for one specific transaction. The following information shall be required from you:

Such transaction is only limited to purchase of products; otherwise, you must create a permanent account to access other services offered within the site.

6.3. Passwords, Security, Unauthorized Use, & Access

We guarantee that the collected personal information is only for the purpose of fulfilling your order and after-sales services, unless required by the Philippine law. You agree to update your personal information from time to time to keep your data accurate.

Apart from the personal information to be collected, you are also asked to supply a password for your login credentials. You agree that you will treat your login credentials confidential at all times.

You agree and acknowledge that use of the services and/or any access to the site is traceable to your account. You are entirely responsible for any and all activities that occur under your account. This includes, but not limited to:

Therefore, you hereby accept that your login credentials are treated with privacy and confidentiality. You acknowledge that you will be held responsible and liable for any activities traced to your account.

You further agree not to disseminate in any manner, whether digitally or verbally your login credentials and / or other information which provides access to the site through your account. We are not liable for any loss that may incur as a result of someone else using your password or account, with your knowledge.

If you believe that your login credentials have been compromised, you agree to inform us immediately of the breach. You should file a formal report through [email protected] We shall not be responsible for any delay that may occur in terminating your account, after reporting breach of security to us.

7. Intellectual Property

7.1. Ownership

The Intellectual Property in the photos, graphics, screenshots, digitally downloadable files, logos, brand names, and other textual contents of the site are the ownership of Carmen’s Best Dairy Products Inc. and our suppliers. These are protected under trademark, copyright, and other intellectual property laws. We reserve the right to enforce the Intellectual Property of the materials in this site. No part on this site shall be construed as granting any license or right to download or use on external sites.

7.2. Restricted Use

No materials (i.e. photos, graphics, and text content) are allowed to be used in any way for commercial purposes. You hereby accept not to reproduce, distribute, republish, display, transmit, and hyperlink any material in this site without a formal written consent stating our explicit approval of your use of the materials. You are only allowed to use the materials on the site for personal and non-commercial use.

7.3. Trademark

Registered trademarks are owned by us and/or our principals. You agree not to use the trademarks on the site for commercial purposes.

8. Out Limitation of Responsibility & Liability

We will ensure that the website is available 24 hours a day; however, we shall not be held liable, if for any reason, the website is unavailable for any period of time. We are open from 10:00 AM to 6:00 PM to attend to your orders and concerns.

Although we are doing our best to keep the site from viruses, hacking attacks, and other security issues, we do not guarantee that the site is free from errors, viruses, and other harmful contents. You acknowledge and understand that your use of the site and its services is at your own risk. We shall not be held liable for any damage, virus, malware, or other code that may affect any computer equipment, mobile device, software, or other property as a result of your access to or use of the website.

Carmen’s Best undertakes reasonable efforts to accurately display the attributes of the products, including applicable colors or appearances. Actual color or appearance will still depend on your device system and we cannot guarantee that your computer or mobile phone will accurately display such colors or appearance.

We may from time to time apply some modifications, new features, and other updates that may change and/or upgrade the key features of the site. You acknowledge that this activity is done from time to time without prior notice and we shall not be held liable if such updates applied on the site could prevent/hinder your activities on the website.

You agree to indemnify the site, Carmen’s Best Dairy Products Inc, its employees, its officers, its directors, its partners, its suppliers, and its service providers from any direct, indirect, special, consequential claims, losses, damages and expenses including reasonable attorney’s fees and costs, related to your use of the site, in violation of user content, and in violation of any aforementioned terms, conditions, and policies.

No person who is not a party to these terms shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these terms its assent to any such term.

9. Force Majeure

We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under the contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular, without limitation to the following:

Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

10. Hyperlinks & Alerts

Links directed to external websites could be accessed through the site. We placed this for your additional reference about a product, brand, service, and/or a company. These websites are not under our control. You understand that we are not liable for the inaccuracies, errors, delays, incorrect, libelous, pornographic, and other harmful materials that are restricted by Philippine law, within the external site. Any hyperlink present within the site does not guarantee endorsement from us or verification of the contents of external websites. You hereby accept that your access to the external site is at your own discretion and at your own risk.

We, therefore, encourage you to visit their terms of use, privacy policy, guidelines, and other policies to keep you aware of the terms of use governing the external site.

11. Termination

The terms & conditions governing this site are considered effective upon activation of this site unless terminated by you or us. You may, at your sole discretion, terminate these terms & conditions at any time by notifying us through [email protected]. However, the termination of Terms & Conditions in this site will result in termination of your use of the site and its services.

We may, at our sole discretion, terminate your use and access of the site and its services at any time without prior notice, if we suspect that you violated a guideline, a regulation or a clause in the Terms and Conditions of the site.

12. Governing Law

The Terms & Conditions set in this page are governed and in accordance with the Philippine law.

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What's your favorite #CarmensBest + cookie combo? 💙 (repost from: @ayimagpayo)

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Did you catch #CarmensBest and J&M Naughty & Nice Cream at the first Salcedo Street Meet last week? 💙 Looking forward to more pop-up events like this! (repost from: @themarket.ph)

Can you guess which FRIENDS episode this is? 🤔 Clue: it's the one where the ice cream tasted like 🤫