Terms and Conditions

I. Overview

This website is operated by Top-Most Hardware & Construction Supplies. For purposes of these Terms and Conditions, “Service” refers to the Company’s service which can be accessed via our website at https://topmosthardware.ph or through our mobile website. The terms “Company”, “we”, “us, or “our” refers to the company. “You” refers to you as the user of the service.

By visiting our site and/ or purchasing something from us, you engage to our service and agree to be bound by the following terms and conditions (“Terms of Use” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Terms of Use apply to all users of the site, including without limitations, users who are browsers, customers, merchant and / or contributors of content.

Please read these terms and conditions carefully before accessing or using our website. By using or accessing any part of the Service, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you are not authorized to access the website or use the Service.

Any new features or tools which are added to the current store shall also be subjected to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/ or changes to our website. It is your responsibility to check this page periodically for the changes. Your continued use of or access to the website following the posting of any changes constitute acceptance of those changes.

II. General Terms and Conditions

By agreeing to these Terms of Service, you represent that you are at least 18 years old and are eligible to use the Service and have the right and ability to enter and perform under these Service.

We reserve the right to refuse Service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

III. Accuracy of Billing and Account Information

We have the right to refuse any orders you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include order placed by or under the same customer account, the same credit card, and/ or orders used the same billing and/ or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/ or billing address provided at the time the order was made.

IV. Modification to the Service and Prices

Prices for our products are subjected to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part of content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

V. Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return and exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the color and image of our product that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

VI. Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offer product shipping charge, transit times and availability. We reserve to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website inaccurate at any time without prior notice (including after you have submitted order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without any limitation, pricing information except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

VII. Prohibited Uses

In addition to other prohibition as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit to other platform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulation, rules, law or local ordinance; (d) to infringe upon or violate or intellectual property rights or the intellectual property rights of others; (e) to harass, insult, abuse, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other website, or the internet; (h) to collect or to track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other website or the internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

VIII. Disclaimer of Warranties; Limitation of Liabilities

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the service from indefinite periods of time or cancel the service at any time, without notice to you.

Your expressly agree that your use of, or inability, to use the service is at your own sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as in’ or ‘as available’ for your use, without any representation, warranties or condition of any kind, either express or implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Top-Most Hardware & Construction Supplies, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

IX. Indemnification

You agree to indemnify, defend and hold harmless Top-Most Hardware & Construction Supplies and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

X. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

XI. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

XII. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

XIII. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Lot 1109E Advincula St. Pag-asa III, Imus, 4103, Philippines.

XIV. Contact Information

Questions about the Terms of Service should be sent to us at [email protected]