Terms & Conditions

1. INTRODUCTION

1.1 This website (https://lagermaniaph.com/), are operated by General Heat Corporation (“General Heat”, the “Company”, “we”, “us”, or “our”).

These Terms of Use set out herein govern your access to and use of our website. By using our website, you confirm that you are of legal age and possess the necessary legal qualifications to (a) accept these Terms of Use and (b) accept the use of our services provided in our website. If you disagree with any of the provisions below, you must immediately discontinue your access to our website and our services. If you violate these Terms of Use, then your access to and use of our website is unauthorized.

Additional terms and conditions shall apply to some services offered on our website which can be found on where the relevant service is offered.

We reserve the right to amend these Terms of Use at any time and these changes are effective immediately after publication on this website. We suggest that you check this page regularly to see any changes made.

1.2 ACCEPTANCE. By pressing the “I Agree” button, you confirm that you have read, understood, signed and agreed to be unconditionally bound by these Terms of Use and all its amendments, revisions, updates, modifications and additions which may, at our absolute discretion, take effect from time to time. By pressing the same button, you also consent to the processing of your personal data as described in our Privacy Policy. You likewise agree to be bound by any and all laws, rules, regulations, official or government issuances applicable to the Company, as well as such other terms and conditions governing the use of other services provided in our website and that of our agents, distributors, partners, subsidiaries and/or affiliates. By using our website and its services, it is also deemed that you have consented to our Terms of Use.

1.3 AMENDMENTS, REVISIONS, UPDATES, MODIFICATIONS AND ADDITIONS. We may amend, revise, update, modify, and add any provision in the Company’s Terms of Use from time to time, at our absolute discretion, without notice. You are responsible for regularly reviewing these terms and conditions and additional terms through our website. By continuing to use or access any of our website, it is deemed that you have impliedly consented to the amended, revised, updated and modified Terms of Use.

2. OUR WEBSITE

2.1 Our Website provide an online retail store service that enables users to electronically buy goods, products and services.

2.2 The Company shall have the right to screen, monitor, evaluate and analyze its website and its services to determine compliance with these Terms of Use and any other rules that may be established by the Company from time to time.

2.3 The Company reserves the right, in its sole discretion, to terminate your access to its website or any of its services or any portion thereof at any time, without notice. Upon termination of our website or any of its services, your right to use the website immediately ceases. The Company shall have no obligation to maintain any content or to forward any unread or unsent messages, bids, notices, materials or any data to you or any third party.

2.4 You expressly agree that the use of our website and of its services is at your sole risk. The Users shall be responsible for the usage of the website of their minor children or persons under their guardianship or custody. Neither the Company nor any of their officers, directors, shareholders, or employees, agents, third-party content providers, merchants, sponsors, licensors, or the like, warrant that the services will be uninterrupted or error-free nor do they make any warranty as to the results that may be obtained from the use of the services, or as to the accuracy or reliability of any information, content, product, service, or merchandise provided through the website.

2.5 Always use caution when giving out any personal information about yourself or others when using our website and its services. Please read the Company’s Privacy Policy at https://lagermaniaph.com/privacy-policy

2.6 The Company also reserves the right to cancel and/or terminate unconfirmed accounts or accounts that have remained inactive for such period of time as may be determined, at its sole discretion. The Company may likewise restrict or terminate your account for any reason, at its sole discretion.

2.7 The Company reserves the right to administratively, civilly or criminally prosecute you for providing any form of false or misleading information to the Company or for breach of the Company’s Terms of Use or any applicable laws, rules and regulations, and government issuances, regardless of the nature of the information.

2.8 The Company makes no warranty as to the suitability, reliability, accuracy, timeliness, usefulness, or completeness of any information, software, products, and services included in or available through the website. As such, the website may include inaccuracies or typographical errors. Changes are periodically made to the content, layout, format and design of the website and to the information therein. The Company shall have the right to make improvements, changes, revisions, or otherwise issue restrictions on the content, layout, format and design of the website at any time at its sole discretion, including posting of advertisements, links to third party websites and other contents. The Company will not be liable for the improvements, changes, revisions, or restrictions on the content, layout, format and design of the website.

2.9 The Company makes no representations about lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained in the website for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty of any kind. The Company hereby disclaims all warranties and conditions with regard to information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. The Company shall not be responsible for any unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the website. The Company is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s right, including intellectual property rights. The Company is not responsible for any content sent using and/or included in the website by any third party.

2.10 In no event shall the Company be liable for any direct, indirect, actual, moral, exemplary, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website and its services, with the delay or inability to use the website and its services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website or otherwise arising out of the use of the website whether based on contract, tort, negligence, strict liability or otherwise, even if the Company has been advised of the possibility of damages.

2.11 As a sole and exclusive remedy, you may opt out or discontinue the use of and access to our website if you do not agree to the Company’s Terms of Use.

3. USER ACCOUNT

3.1 Users will have the option to just create a guest account on the site (for one time use and will not require passwords). All the same though, guest accounts will still need to provide the necessary info in order to complete orders. The creation of the user account requires you to submit certain personal information such as, but not limited to, your name, email address, contact details, age, date of birth, gender and interests. Please read the Company’s Privacy Policy at https://lagermaniaph.com/privacy-policy.

3.2 Upon activating an account, you will create a username and password. Your username and password will be used to securely access and maintain your account.

3.3 You are solely responsible for maintaining the confidentiality and security of your account including username and password. The Company is not responsible for any losses arising out of the unauthorized use of your account. You agree that the Company does not have any responsibility if you lose or share access to your device.

3.4 Users may also choose to use a guest account for one-time use of the website. Users using guest accounts are not required to provide any personal information except as may be required to make and complete any orders made by such users.

4. WARRANTIES AND CONDITIONS

4.1 You warrant and certify that any information you provide on or through our website is true, complete and accurate. Failure to provide true, complete and accurate information may result in cancellation of any orders made by you at the Company’s sole discretion or, if appropriate, subject you to administrative, civil and criminal actions and penalties.

4.2 You are solely responsible for maintaining the confidentiality and security of your account including your username and password. The Company shall not be responsible for any loss, damage or injury arising out of the unauthorized use of your account. You likewise agree that the Company does not have any responsibility if you lose or share access to your device.

4.3 Any agreement between you and the issuer of your credit card, debit card, or any other form of payment will continue to govern your relations and the use of such payment method on our website. You agree that the Company is not a party to any such agreement, nor is the Company responsible for the content, accuracy, or unavailability of any method used for payment.

4.4 Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue our website or any portion of its services, and (2) charge, modify, or waive any fees required to use any service, functionality or other content available through our website.

4.5 In connection with your access and use of our website, you agree not to:

Make available any content through or in connection with our website that are:
1. false, fraudulent, inaccurate, or misleading;
2. violative of any law, rules, regulations, ordinance, rules or regulations or is otherwise tortious;
3. protected by or would infringe on the rights of others, including the Company, such as, but not limited to, any patent, copyright, trademark, trade secret, right of privacy, or any other proprietary right, without the express prior written consent of the applicable owner; obscene, indecent, pornographic, or otherwise objectionable;
4. derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by the Company in its sole discretion;
5. intended to victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
6. violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group; contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from the Company;
7. contains or relates to chain letters or pyramid schemes; impersonates another business, person, or entity, including the Company, its related entities, employees, and agents;
8. otherwise intended to cause harm, damage, disable, or
9. violative of any policy posted on the website; or
10. otherwise interfere with the website and its services.
(collectively, “Prohibited Content”)
Make available through or in connection with the website any virus, worm, Trojan horse, Easter egg,
time bomb, spyware, or other computer code, file or program that is or is potentially harmful or
invasive or intended to damage or hijack the operations of, or to monitor the use of, any hardware,
software, or equipment of the Company;
Use the website for any commercial purpose, or for any purpose that is fraudulent or otherwise
tortious or unlawful;
Harvest or collect information about other Users of the website;
Interfere with or disrupt the operation of the website or the systems, servers, or networks used to
make the website available, including by hacking or defacing any portion of the website or violate
any requirement, procedure or policy of such servers or networks;
Restrict or inhibit any other person from using the website;
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of or any use of the website, without the Company’s express prior written consent;
Reverse engineer, decompile, or disassemble any portion of the website except where such restriction is expressly prohibited by applicable law;
Remove any copyright, trademark, or other proprietary rights notice from the website;
Frame or mirror any portion of the website, or otherwise incorporate any portion of the website into any product or service, without the Company’s express prior written consent;
Systematically download and store any materials, content and information in the website;
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, scrape, data mine or otherwise gather any information, data, materials, content or reproduce or circumvent the navigational structure or presentation of the website, without the Company’s express prior written consent;
Use the services of the website in connection with surveys, contests, pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs;
Use the services of the website to purchase or sell annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, traveler’s checks or money orders;
Use the services of the website for currency exchanges or check cashing businesses or to provide certain credit repair or debt settlement services;
Cause injury to any person or entity such as by showing the personal information of third parties in violation of any applicable law, harvest or otherwise collect information of third parties about others, including e-mail addresses, create a false identity for the purpose of misleading others or to violate the legal rights of others;
Violate any law, statute, ordinance, rule, or regulation, or the Company’s Terms of Use.
Use the website or the Company’s name, logo, or brand to (1) send any unsolicited, unauthorized or Prohibited content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing the Company’s trademark, logo, URL, or product name without the Company’s written consent.
Attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of the Company’s Terms of Use.

4.6 You agree to indemnify and hold the Company free and harmless from and against all losses, damages, claims, suits, third party claims, legal proceedings and otherwise, direct or indirect, arising from or in connection with any violation of the warranties and conditions laid down in this Section, for any other violations of the Company’s Term of Use, and/or your use of the website. The Company reserves the right to administratively, civilly or criminally prosecute you for any violation of the Company’s Terms of Use.

5. OUR PRODUCTS

5.1 Our website may make available listings, descriptions, and images of products, goods and services (collectively, “Products”). We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images, including any features, specifications, and prices contained in the website. Such information and the availability of any Product are subject to change at any time without notice. We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect the actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.

5.2 The Company hereby disclaims all warranties and conditions with regard to the Products, including all implied warranties and conditions of merchantability and fitness for a particular purpose, except as is required under Republic Act No. 7394 or the Consumer Act of the Philippines, as amended or as may be stated in the Product’s documentation.

6. ORDERS

6.1 ACCEPTANCE AND BILLING

6.1.1 By selecting the Products and checking out your orders, you consent and agree to the sale of the Products as well as its features, specifications and prices.

6.1.2 For transactions using credit cards, you represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order.

6.1.3 Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase.

6.1.4 We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. The Company may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre- authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

6.1.5 By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes.

6.2 PRICING INFORMATION AND AVAILABILITY

6.2.1 The Company cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on our website. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. The Company reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from the Company. The Company may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

6.2.2 Use of the website may be subject to the payment of certain fees and the Company reserves the right to charge fees based on a Fees Schedule to be formulated by the Company and posted on the website. The Company reserves the right to revise any and all fees from time to time, without notice.

6.2.3 The Company reserves the right to cancel or terminate delinquent accounts or accounts that have failed to pay the necessary fees for such period of time as may be determined by the Company.

7. SHIPPING AND DELIVERY

7.1 Products will be shipped to a delivery address designated by you so long as such address is complete and complies with the shipping instructions and restrictions contained on our website.

8. THIRD PARTY SITES

8.1 References on the website to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the Company of the third party or its information, products, or services. The Company is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the website operate or otherwise interact, nor is the company responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party’s terms of use, conditions and policies, including its privacy policy.

8.2 The Company will not be liable for any errors, omissions, loss of data, materials or functions by third party sites linked to or from the websiteand operated by other entities. Third party websites linked to or from our website are the responsibility of those other entities and the Company does not endorse the sites even if a link is established between the website and the website of another entity.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 The website and its services, and all copyrights, trademarks, and other intellectual property rights there (collectively, the “Intellectual Property”) are owned or controlled by or licensed to the Company, and are protected by trademark, copyright, and other intellectual property laws.

9.2 You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit the Intellectual Property of the Company, in whole or in part.

9.3 You may not upload, post, reproduce, or distribute in any way the Intellectual Property protected by copyright, or other proprietary right, without obtaining permission from the Company.

9.4 Subject to your compliance with the Company’s Terms of Use, and solely for so long as you are permitted by the Company to use the website and services, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all materials; (2) do not modify or alter the materials in any way; and (3) do not provide or make available the materials to any third party in a commercial manner.

9.5 Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by the Company to use the website, we permit you, on a limited, non-exclusive, revocable, non- transferable, non-sublicensable basis, to install and use the website on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of these Terms of Use, you must immediately cease using the website and remove, uninstall and/or delete the website from your mobile device.

9.6 No license, right, title, or interest in the website is transferred to you as a result of your use of the website or your accessing, viewing, downloading, or printing of the materials. You may not reproduce, 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 Intellectual Property and materials or the except as provided in these Terms of Use. The compilation (meaning the collection, arrangement, and assembly) of the website is the exclusive property of the Company and is also protected by laws.

10. PRIVACY

10.1 You acknowledge that any personal information that you provide through the website will be used by the Company in accordance with the Company’s Privacy Policy (insert hyperlink), which may be updated, amended or modified by the Company from time to time at its absolute discretion.

11. PROMOTIONS

11.1 Any contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the website may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotions’ rules will govern.

12. COMPLIANCE WITH APPLICABLE LAWS

12.1 These Terms of Use shall be governed and construed in accordance with the laws of the Republic of the Philippines. You must comply with all applicable laws, ordinance, rules and regulations regarding the proper use of the website and its services.

12.2 Your unauthorized use of the website or unauthorized, improper or fraudulent use of your account or any violations of the Company’s Terms of Use shall subject you or any third party to a claim for damages, and/or civil or criminal liability in accordance with the applicable laws, ordinance, rules and regulations.

12.3 The Company reserves the right to investigate complaints or reported violations of these Terms of Use and to take appropriate actions against those found to be in violation. You must inform the Company of any knowledge of unauthorized, improper or illegal use of the website or your account immediately and not later than forty eight (48) hours from receipt of knowledge thereof.

12.4 The Company shall not be liable for all losses, damages, claims, suits, third party claims, legal proceedings and otherwise, direct or indirect, arising from or in connection with any claim in connection with the unauthorized, improper or illegal use of the User’s account or device.

13. INDEMNIFICATION

13.1 You agree to defend , indemnify, and hold the, Company, its subsidiaries, affiliates or any of its officers, directors, shareholders, employees and assigns free and harmless from and against any and all liabilities, claims, actions, obligations, losses, injuries, damages, costs, and expenses, including attorneys’ fees and costs, arising out of or in connection with: (a) your use of the website and its services; (b) any transaction you made through the internet, whether or not using the website and its services (c) your failure to comply with the warranties, conditions and representations under these Terms of Use; (d) breach of the Company’s Terms of Use, or (e) your violation of any law or the rights of a third party. You agree to cooperate the Company, as requested by the Company, in its defense and settlement of the foregoing.

14. ENTIRE AGREEMENT

14.1 These Terms of Use constitute the entire agreement between the User and the Company and shall supersede all prior agreements and representations between the parties with respect to the subject matter of the Company’s Terms of Use. If any provision of these Terms of Use is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect other provisions of these Terms of Use which shall remain in full force and effect.

15. VENUE AND DISPUTE RESOLUTION

15.1 Any dispute, controversy or claim arising out of or relating to the Terms of Use, or the breach, termination or invalidity thereof, shall be finally resolved by arbitration in accordance with the provisions of Republic Act No. 9285 otherwise known as the “Alternative Dispute Resolution Act of 2004.” The venue for arbitration shall be in the Philippines only.

15.2 Subject to the foregoing arbitration clause, any suit or proceeding arising out or relating to these Terms of Use shall be instituted in the appropriate courts Makati City, Philippines, to the exclusion of all other courts.

16. GENERAL

16.1 These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and the Company.

16.2 Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.

16.3 If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect.

16.4 The failure of the Company to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit the Company’s rights with respect to such breach or any subsequent breaches.

16.5 You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without the Company’s express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction.

16.6 Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.”

16.7 Notices to you, including notices of changes to these Terms of Use, may be made via post on or message through the website or by e-mail (including in each case via links), regular mail, text message, telephone or mobile call.

16.8 Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

17. HOW TO CONTACT US

If you have any questions regarding about our Terms of Use, or find an error or notice something that does not look quite right in our website, we would appreciate it if you let us know by contacting us at https://lagermaniaph.com/contact-us/, or by email at the following address hello@lagermania.com (Your feedback is a big part of what helps us to get better at helping you!)

Please note that e-mail communications will not necessarily be secure. Accordingly, you should not include sensitive information, such as your credit card details, in your e-mail correspondence with us.