SITE TERMS AND CONDITIONS
Welcome to GUESS.com.ph. Please review the following basic rules governing your use of and purchase of products from this site (collectively, "Agreement").
THESE TERMS AND CONDITIONS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THESE TERMS INCLUDE A DISCLAIM OF WARRANTIES AND LIMITATION OF LIABILITY THAT MAY APPLY TO YOU IN THE EVENT OF A DISPUTE.
Use of this Site Constitutes Acceptance of these Terms and Conditions
GUESS.com.ph may make changes to the information contained in this Internet site, or to the services described and contained therein at any time and without notice. GUESS.com.ph may from time to time change the rules that govern your use of this Internet site. Your use of this Internet site following any such change constitutes your agreement to follow and be bound by the rules as changed. GUESS.com.ph may change, move or delete portions of, or may add to this site from time to time.
All trademarks, service marks and trade names on this site, including without limitation, "GUESS" and "GUESS" alone and in combination with the inverted triangle design are property of GUESS, Inc. "GUESS". No use of these may be made without the prior written authorization of GUESS.com.ph, except to identify the products or services of GUESS.com.ph . The products, logos, designs, advertisements and images described and/or displayed on this site may be intellectual property with rights reserved by GUESS.com.ph or by other third parties. No license is granted with respect to these intellectual property rights.
All materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials appearing on this site (collectively, "Content") are copyrights, trademarks, trade dress and/or other intellectual properties controlled by GUESS.com.ph collectively, and its subsidiaries and/or affiliates ("GUESS.com.ph "). This Internet site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are controlled by GUESS.com.ph and all other GUESS trademarks appearing on this site.
The Contents of this Internet site, and this site as a whole, are intended solely for personal, non-commercial use by the users of this site. You may download or copy the Contents and other downloadable materials displayed on this site for your personal, non-commercial use only, provided you do not modify, obscure, or delete any copyright or other propriety notices on this site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, this site, or any related software.
Communications and Submissions
All communications, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to GUESS.com.ph on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site ("Submissions") shall be and remain GUESS.com.ph property. Such disclosure, submission or offer of any comments shall constitute an assignment to GUESS.com.ph of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the submissions. GUESS.com.ph will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any submissions. GUESS.com.ph shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or knowledge disclosed therein, for any purpose, including the development, manufacturing and/or marketing of goods or services.
By your participation in surveys, contests or promotions on this site, and/or the request of promotional information or product updates, you hereby agree that GUESS.com.ph may use information about you for marketing, product development and promotional purposes. GUESS.com.ph is under no obligation to maintain any submissions in confidence, to pay user any compensation for any submissions, or to respond to user submissions. You agree that no submissions by you to this site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). In addition, you agree that you will refrain from submitting any libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any submissions you make.
GUESS.com.ph products are available in select GUESS stores, better department stores, and specialty stores. GUESS.com.ph cannot guarantee that the products displayed on this site will be available at every authorized GUESS retailer; availability and selection are subject to supply. Product descriptions, specifications, colors, and pricing are subject to change by GUESS.com.ph at any time without notice.
This site may provide links or references to other sites. However, GUESS.com.ph assumes no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content.
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. GUESS.COM.PH DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANIBILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT GUESS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Limitation Of Liability
You agree to defend, indemnify and hold GUESS.com.ph harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your use of this site, GUESS.com.ph shall not be liable for any damages or injury resulting from your access to, or inability to access this site, or from your reliance on any information contained in this site.
This site and the Contents therein are displayed solely for the purpose of promoting GUESS.com.ph products and services. This site is controlled and operated by GUESS.com.ph from its office in San Pedro City. GUESS.com.ph reserves the right to make changes to the information in this site, or to the services described therein, at any time without notice. GUESS.com.ph makes no commitment to update this information.
This Agreement remains in effect unless and until terminated by either you or GUESS.com.ph . You may terminate this Agreement at any time. GUESS.com.ph may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the site if in GUESS.com.ph 's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or GUESS.com.ph , you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
Sales and Promotions
Unless otherwise stated, prices on sale and promotional items cannot be combined with any other offers. Sales and promotions may not include all sizes, colors or styles. Quantities are limited; Offers are not valid on previously purchased merchandise or purchases of gift cards. Sale and promotion start and end times are displayed in Philippine time. Guess.com.ph reserves the right to extend, modify or discontinue any offer at any time without notice.
Limits on Purchases
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our product, we may place limits on purchases and reject purchases or orders for commercial quantities of our products. Products are not offered for resale. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card, loyalty program account and/or orders that use the same billing and/or shipping address. We may also reserve the right to cancel any portion of an order that cannot be fulfilled for any reason. Online orders are not deemed to be accepted by Guess.com.ph until payment has been made. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy and the right to cease doing business with customers who violate this policy. This policy applies to all purchases of Guess.com.ph, product, including, but not limited to, all purchases made at our retail stores, sample sales, warehouse sales, and through our websites. We may modify this policy at any time without prior notice.
TITLE TO GOODS
All items purchased from GUESS are made pursuant to a shipment contract. After GUESS fulfills an order you have placed, title of said merchandise shall be transferred to you.
PHILIPPINE GUESS LIST LOYALTY PROGRAM
1.1. Benefits. The GUESS List Loyalty Program (the “Program”) provides GUESS customers with the following benefits subject to the terms and conditions contained in this Agreement (collectively, the “Benefits”):
1.1.1 Shop at any GUESS “Participating Stores.” Present your GUESS List Card prior to checkout and receive one (1) point for every Php 60.00 you spend on Qualifying Purchases (each a “Point”). GUESS Concessions are excluded from the GUESS Loyalty Program.
1.1.2 In addition, as you use your GUESS List Card, you may be eligible to redeem rewards, receive special discounts or participate in other exciting GUESS promotions including in-store events, fashions shows, exclusive parties and store openings.
1.2.1 A minimum purchase worth of Php3,500.00 (single transaction only) qualifies an individual to become a Member. Your initial single transaction receipt will be converted to equivalent points. Subsequent purchases will earn 1 point for every Php60.00.
1.2.2 Enrollment begins upon activation in store, on the date of enrollment, but you can opt out of the Program at any time as more fully set forth in Section 1.8.1 below.
1.2.3 Member must be a legal resident of the Philippines and 18 years of age or older to participate in the Program. The sponsor of the Program is Guess Philippines. (hereinafter called, “Guess Ph”). Employees of Guess Ph, its subsidiaries and affiliates, and their immediate families, and others who are eligible for employee-based discounts, or members of any corporate or wholesale account of GUESS Ph are not eligible for Membership in the Program and Program Benefits may not be applied towards transactions by such individuals. Guess Ph VIP cardholders may be eligible to become Philippine Guess List Program members but they cannot use the two cards simultaneously. They are given discretion to use either the Guess Ph VIP card or the Guess List Card. Guess Ph reserves the right in its sole discretion to accept or deny any membership request in the Program.
1.3. General Terms and Conditions
1.3.1 GUESS List Program Membership is not transferable and may only be used by an individual Member for the Member’s personal benefit. Member Benefits cannot be combined with Benefits accrued by another Member. GUESS Ph may request proper identification with regard to Program transactions. Member Benefits will not be applied retroactively to any purchases. Other exclusions may apply.
1.3.2 GUESS Ph is not responsible for lost or stolen membership cards. GUESS Ph may, in its sole discretion, permit replacement cards to be issued and any remaining points at the time GUESS Ph issues the replacement card may be transferred. If GUESS Ph agrees to issue a replacement card to the Member, GUESS Ph assumes no responsibility for replacing any points or Awards accrued prior to the date GUESS Ph is notified in writing of the Member’s loss. GUESS Ph shall charge Php200.00 for replacement of lost cards. A member may request for replacement cards at any Participating Stores.
1.3.3 Member agrees that the Program and any Benefits related thereto do not create any property rights whatsoever in favor of Member.
1.3.4 Member shall be responsible for maintaining accurate and updated personal information with any Participating Store. GUESS Ph is not responsible for Awards or other Benefits that are not received as a result of loss or Members’ failure to update Member’s personal information.
1.3.5 GUESS, the GUESS logos, the Philippine GUESS LIST Program and other logos and taglines are the intellectual property of GUESS, Inc., licensed to others under controlled conditions.
1.3.6 Membership rules are void where and to the extent prohibited by law. Taxes may apply where required by law.
1.4. Points and Rewards Accrual
1.4.1 Points accrual will be calculated based on Member’s Qualifying Purchases. “Qualifying Purchases” are purchases made at participating stores, including purchases of gift cards but excluding shipping and handling fees (if applicable). Purchases equivalent to the value of redeemed gift cards, token coupon and redeemed reward points shall not form part of the qualifying purchases. Points shall be calculated based on the net computed qualifying purchases in the local currency. Other exclusions may apply. Members may earn additional points through special offers and promotions.
1.4.2 Points are posted to the Member’s account in real time from in-store purchase. No adjustments to Member’s account (“Account”) will be made after the actual purchase date except as indicated above.
1.4.3 Points earned from a Qualifying Purchase shall be deducted from Member’s account if the Qualifying Purchase is returned.
1.4.4 Points have no cash value and may not be converted to cash.
1.4.5 GUESS Ph may adjust the number of Points required to be eligible for a Reward or the Reward amount to be issued, at any time, in its sole discretion, with or without notice.
1.4.6 Rewards are coupons for discounts of future purchases and may only be redeemed for a discount of purchase amounts equal to or greater than the amount of the sum of the Reward presented for redemption at Participating Stores. Rewards shall not be refunded if you return or exchange merchandise purchased using a Reward coupon. Points earned towards such Reward shall not be reinstated to your account.
1.4.7 Any unused Points and Rewards shall be forfeited if Member’s membership in the Program is cancelled for any reason.
1.5. Rewards Redemption
1.5.1 Rewards are redeemable at Participating Stores for future purchases of any eligible merchandise available at Participating Stores only and cannot be used towards the purchase of gift cards or certain other merchandise. You may be notified of additional ineligible merchandise. Rewards have no cash value, are non-transferrable, not applicable to prior purchases or exchange transaction, and no change will be given for Reward redemptions. Rewards may only be used once. Other restrictions may apply.
1.5.2 Rewards may not be combined with other Rewards issued to Member and may not be used in conjunction with other discounts, promotions, or offers towards the purchase of merchandise.
1.5.3 Unless otherwise indicated, each point will expire and are forfeited if not redeemed within one (1) year from the date it is earned.
1.5.4 NO redemption will be accommodated when offline.
1.6. Participating Stores. The GUESS LIST Card is accepted at most GUESS Ph regular, outlet stores nationwide, and online store. The GUES LIST Card is not accepted at GUESS Ph Concessions.
1.8. Modification and Termination. GUESS Ph may modify the Program and/or these terms and conditions from time to time without notice and without further obligations to Members.
1.8.1 GUESS Ph may also terminate the Program at any time through prior written notice sent to a Member via authorized Guess Ph email or SMS account. Upon termination of the Program, Member shall forfeit all unredeemed Points earned as of the termination date but any Rewards issued shall remain in full force through their individual expiration dates. Member may choose to opt out of the Program at any time GUESS Ph reserves the right to terminate your Membership at any time in its sole discretion.
1.9.1 All correspondence for the GUESS Loyalty Card should be addressed to:
GUESS List Program
Attention : Sales Department
Address : California Clothing, Inc.
DII Bldg. No. 150 San Vicente Road,
Brgy. San Vicente, San Pedro,
Phone : (632) 808-60-17 local 122
Fax : (632) 868-88-82
E-mail : email@example.com
Governing Law and Arbitration
This Agreement shall be governed by and construed under the laws of the Philippines. Any suit, action, or proceeding arising out of or relating to this Program shall be instituted exclusively in the City of San Pedro, to the exclusion of all other courts.
GUESS AND ITS AFFILIATE ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO WARRANTY, EXPRESS OR IMPLIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS OR SERVICES RELATED THERETO AND EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES.
Release and Liability
MEMBER HEREBY RELEASES GUESS AND ITS AFFILIATES ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM OR RELATING TO THE PROGRAM, MEMBER’S MEMBERSHIP IN THE PROGRAM OR THIS AGREEMENT.