Terms of Service
OVERVIEWThis website is operated by Tow & Stow Industries, Inc. Throughout the site, the terms “we”, “us” and “our” refer to Tow & Stow Industries, Inc. Tow & Stow Industries, Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject 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 changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
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.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or 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.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
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 or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, 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 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 anytime without notice, at the sole discretion of us. 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.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order 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 orders placed by or under the same customer account, the same credit card, and/or orders that use 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 e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right 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 is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without 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.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions 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 others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, 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 websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, 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.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
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 for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Tow & Stow Industries, Inc., 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.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Tow & Stow Industries, Inc. 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.
SECTION 15 - 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.
SECTION 16 - 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).
SECTION 17 - 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.
SECTION 18 - 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 Philippines.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com
Generally, returns are allowed if the item is proven to be defective, as indicated in the guidelines of the Department of Trade and Industry, Consumer Protection. For details on how to do a product return, kindly consult with the Marketplace or selling entity from which you obtained the item.
Depending on the reason of the request, payment method, and selling entity, refunds take from as little as a few days to several weeks. For details on how to request for a refund, kindly consult with the Marketplace or selling entity from which you obtained the item.
RETURN & EXCHANGE POLICY FOR CALL & COLLECT:
Items bought from TOW & STOW INDUSTRIES, INC. may be returned/exchanged within 30 days from purchase date provided the item/s is accompanied with proof of purchase, in their original packaging with tags and complete accessories.
For items allowed for return/exchange, a Customer Credit Voucher is issued, valid for 30 days at any TOW & STOW INDUSTRIES, INC. store and must be consumed in full upon presentation for payment.
Selected item/s for exchange may be of the same or higher value as the item/s being returned. The price difference must be paid. If Credit Voucher is not utilized in full, it is understood that customer waives excess amount.
Return and replacement of customized items such as cut products and indent orders will NOT BE ACCEPTED.
VALID REASONS FOR RETURN AND EXCHANGE INCLUDE THE FOLLOWING:
- Faulty, defective, or damaged product;
- Item has missing parts or accessories;
- Wrong item is delivered;
- Change of size or specification;
- Product that is fundamentally different in nature from the product specified in the website;
- Product that is not as advertised on the website;
Invalid reasons for return and exchange (under the Consumer Act of the Philippines RA 7394):
- Change of mind.
- Defects caused by misuse or mishandling of items by customer.
- Discovery of the lower price of the same item from another store.
For returns and exchanges, kindly visit the nearest Tow & Stow Industries, Inc. branch and present a copy of your tape receipt along with your item. If valid for return, a customer credit voucher shall be issued by the store, which you can use to purchase from Tow & Stow Industries, Inc..
Be sure that all items to be returned are still in their original packaging, with complete accessories and attached price tag. Please note that your original receipt was shipped together with your order. It is important to keep your original receipt safe should you ever need it for warranty or return and exchange.
Selected item/s for exchange may be of the same or higher value as the original item being returned. The price difference of item/s with higher value than the original item must be paid. Customer waives any excess amount if item chosen for exchange has lower value than the original item.
INFORMATION WE COLLECT/YOU PROVIDE
The information that we collect are only those necessary and relevant to our dealings with you. Said information will be kept for as long as they are pertinent for the purpose for which they were collected and/or as we are required under the law.
We collect and store information that you provide in-store, online or via one of our mobile applications , such as but not limited to, when you create or manage an Tow & Stow Industries, Inc. account, when you place an order, when you sign up to receive emails, newsletters or other promotional communications, when you contact us with online inquiries and/or when you otherwise voluntarily submit or provide information to us. When you undertake any of the said actions, the personal information we collect from you may include your:
- Delivery Address
- Email Address
- Contact Number
- Mobile Number
- Date of Birth
- Credit Card numbers and expiration dates
- Account and log-in IDs, passwords
- Information regarding orders
- Information regarding your interests and preferences.
We use technologies, such cookies, web server logs and web beacons, to collect and store certain information whenever you interact, access or use any of our online services, visit our website, view or click on our online advertisements (including our advertisements on third party websites), visit our social media pages or download and use one of our mobile applications. For example, we collect your IP address, browser and device information, including operating system, application software and reference site domain name, every time you access or use the online services. We also collect information regarding customer traffic patterns and usage and mobile application usage data.
Cookies are small data files created by a web server and stored by your browser. They help us to identify account holders and to optimize the log-in, account management, and shopping experience. Cookies also allow us to hold selections in a shopping cart when a user leaves without checking out. Most browsers accept cookies automatically but allow you to disable them. If you disable cookies, you may not be able to use some features of the online services. To learn more about cookies and how to disable them, please consult the "Help" feature of your browser or your device's user guide.
Our web servers may log details such as your browser type, operating system type and domain and other system settings. The web server logs may also record information, such as the IP address of the device you use to connect to the internet and the address of the web page that linked you to our website. We may place tags on our web pages called “web beacons” to control which web servers collect this information.
INFORMATION WE SHARE/TRANSFER AND WITH WHOM WE SHARE/TRANSFER IT
Our branches and affiliates.
Third party service providers who perform services based on our instructions. These service providers are authorized to use or disclose your personal information only as may be necessary to perform services on our behalf or to comply with legal requirements. Examples of these service providers include entities that provide web hosting, advertising and marketing service, those that process credit card payments, those that operate our online services, manage our customer accounts, those that provide fraud protection and credit risk reduction and those engaged in courier and delivery services.
Other third parties with your consent
Other third parties as allowed and limited by Republic Act No. 10173, its implementing rules and regulations, other data privacy laws, and such issuances from the National Privacy Commission
We may also disclose information that is necessary to comply with any applicable law, regulation, legal process or governmental request. In addition, we may disclose any information when it is necessary to prevent physical harm or financial loss or in connection with suspected or actual illegal activity.
HOW WE USE THE INFORMATION
We may use the information that we collected or that you provided to:
Process your payment transactions
Create and manage your online account, including access to your online and in-store purchase history
Improve our online services and provide other services to you for a more fulfilling shopping experience
Respond to your inquiries
Send you promotional materials or other communications (i.e contests, special events, etc.)
Evaluate and improve our business, such as but not limited to performing data analytics and auditing and other internal functions
Comply with applicable legal requirements, relevant industry standards and our policies
We also may use your personal information in other ways for which we provide specific notice at the time of collection.
PROTECTION OF INFORMATION
We have in place appropriate administrative, technical and physical security measures and safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. If you have any questions about security at our website, please send an e-mail to firstname.lastname@example.org
UPDATING YOUR INFORMATION
The information you submit to us or to our authorized agent or third party service providers must be accurate and updated. You may review, change or request deletion of your personal information by sending an e-mail to email@example.com.
We reserve the right to request for documentation to verify the information provided by you.
RIGHT TO OPT OUT FROM RECEIVING COMMUNICATION
You may choose whether or not you would want to receive any communication from Tow & Stow Industries, Inc.. For e-mail communications, you may click the "unsubscribe" link at the bottom of each e-mail you receive from us. You may also send us an e-mail at firstname.lastname@example.org to indicate your preference, such as to unsubscribe from receiving text messages or to stop receiving mail or phone communications
ACCESSING LINKS TO OTHER SITES
Our website may provide links to other websites, which may operate independently from us. Linked sites have their own privacy notices or policies. To the extent any linked websites you visit are not owned or operated by us, we are not responsible for the linked sites’ content, any use of the sites, or the privacy practices thereof.
DATA CONTROLLER/DATA PROCESSOR
Tow & Stow Industries, Inc. will assume control and responsibility for the personal information that you provide to us.
YOUR RIGHTS AS A DATA SUBJECT:
As a data subject you have the right to be informed, to object, to access, to rectify, to erasure or blocking, to damages, to data portability and to complain in relation to your personal information under the Data Privacy Act of 2012. You may exercise these rights at any time following the proper procedures laid down in government issuances and regulations. We have included here contact information that can be used to voice clarifications and complaints relative to your personal information.
Should you wish to exercise any of your rights as data subject (the right to be informed, to object, to access, to rectify, to erasure or blocking, to damages, to data portability and to complain) or in case of inquiries regarding your personal data, you may reach out to our contact details below:
Tow & Stow Industries, Inc.