Terms & Conditions

Welcome to Tutuban Center - TutuBuy Online Platform. The following Terms of Use shall govern your access and use of the Platform and of the services therein. In these terms of use, the "Company," “We,” or “Us” will mean TutuBuy, the “Seller” will mean Tutuban Center Merchant and the "Customer" or “You” will mean any person, firm, company or body which places an order with the Company through the Platform. The term “Platform” pertains to the web-based, software or any other applications which we may own or operate from time to time, the “Services” will mean the services, information and functions made available by us at the Platform. By accessing the Platform and/or using any part of it, you represent that you are at least 18 years old and agree, without limitation or qualification, to be bound by these Terms of Use and TutuBuy Privacy Policy.

 

  1. GENERAL

 

(a) You agree that the Company reserves the right to amend these Terms of Use at any time, in the Company’s sole discretion, by posting any such amendment(s) onto the Platform without prior or separate notice.

 

(b) Your continued use of the Platform or any part of it, after amendment to these Terms of Use is posted, will be deemed as full knowledge and acceptance of the revised terms and use. If you do not agree to any such amendment(s), your sole recourse shall be to cease using the Platform.

 

(c) You acknowledge that the Company service provides a place and opportunity for the sale of goods between the Merchant (“Seller”) and the Customer ("Buyer”).

 

(d) The Company reserves the right to change, modify, suspend or discontinue all or any part of this Platform at any time or upon notice as required by local laws.

 

  1. PRICE AND PRODUCT

 

(a) The Company shall make every effort to ensure that prices, descriptions, and sizes of products on the Platform are up-to-date through continuous coordination with the Merchant. Prices are subject to change without prior notice and all orders are subject to Company's acceptance at its sole discretion and Merchant's stock availability.

 

(b) The Company shall make every effort to ensure products displayed on the Platform are in stock. If from time to time products become out of stock, the Company reserves the right to offer alternative product(s) to the Customer of similar value and range.

 

(c) All product prices listed are in Philippine Pesos (‎Php), inclusive of VAT and other applicable charges. Service charges and Delivery charges are excluded from the product prices listed on the Platform.

 

(d) Prices charged for purchases on the Platform may be different from those charged in our Merchant stores.

 

(e) All orders are subject to confirmation of final availability and the Company reserves the right to reject the order in the event that any of the products or services requested is unavailable, or there is payment issue. In the event that We are unable to fulfil any of the products or services in your order, We will notify you by phone or email.

 

All pictures and images of the products displayed on the Platform are for illustration purposes in order to help the customer to recognize the products only. The actual size, dimension and color of the products may differ.

 

  1. ORDER AND PAYMENT

 

(a) Once you have selected a product that you wish to order via the Platform, you will then be shown the charges you must pay including taxes, if applicable, and any applicable service charges and delivery charges will be communicated to you by the Company through phone or email.

 

(b) Customer is required to fill out the order form before placing any product order through the Platform.

 

(c) Customer must provide us with accurate, complete and up to date information.

 

(d) Submitting an order via the Platform means you agree to purchase products or services in accordance with the current Terms of Use on the date you submit your order. You are responsible for reviewing the latest Terms of Use each time you submit your order.

 

(e) Customer shall pay in full, in respect of an order by using any of our payment partners listed on our Platform.

 

(f) If the Customer fails to make any payment in full pursuant to the payment method elected or payment is cancelled for whatsoever reasons, the Company shall be entitled to cancel the order or suspend delivery of the products unless and until payment is made in full.

 

(g) After receiving your order, we will acknowledge receipt of your order by phone or email accordingly.

 

(h) We reserve the right to refuse to process your order. In addition, we may decline or cancel your orders if we have reasons to believe that you are not purchasing our products as an end consumer. In such cases, we will investigate and reserve the rights to decline or cancel such orders.

 

  1. CANCELLATION

 

(a) The Company may cancel an order if the product is not available or for any other reason as the Company may deem appropriate and necessary, such as but not limited to, cases of suspicious or fraudulent transactions. In the event that the Company cancels an order, it shall be in full, not partially/per item.

 

(b) Customers will be duly notified in the event that an order has been cancelled.

 

(c) You are not allowed to cancel the order after completing the checkout process. If you wish to seek further information or assistance, kindly contact our customer service representatives via Tutuban Center Facebook or Instagram Page.

 

  1. DELIVERY

 

(a) Delivery is applicable to where the Customer has chosen to have the order(s) delivered to a designated address.

 

(b) We only accept orders for delivery in Metro Manila, Philippines to the specified address. Products will be delivered to an address designated by you within seven (7) working days and you may expect your order(s) within:

  •  2-7 working days for NCR

 

(d) You will receive a Shipment Notification by email once your order has been shipped. Our logistics partner will also get in touch with you via SMS when your package is about to be delivered.

 

(e) We engage third-party couriers to deliver your order. You agree that you shall hold the Company or any of its directors, officers and employees, free and harmless against all claims, loss or damages arising out of or in connection with the delivery your order. The Company shall provide reasonable assistance in coordinating with the courier in case of loss or damage.

 

(f) We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. In case where the deliveries are delayed due to typhoons or other conditions, we will try our best to arrange the products to be delivered on the next business day.

 

(g) Customer bears responsibility for the products upon acknowledgment. If a Customer believes that a package has been tampered with, please refuse to sign for the products and notify TutuBuy Online Service.

 

(h) In case you will not be able to personally receive your order, please make sure to prepare an authorization letter and proof of you and your authorized person’s identity (e.g. any government-issued ID). Please check whether all of your ordered items are delivered against the invoice/delivery note, and then sign on the delivery note to acknowledge receipt and acceptance before returning it to our logistics partner.

 

(i) If you are unable to accept delivery at the designated address on our first delivery attempt due to your own reasons, or inaccurate information on your address, we will try again in the next 5 days. If you still fail to take delivery of the product (unless by reason of our fault), we may (without affecting any other right or remedy available to us) no longer make the product available for delivery, and will forthwith cancel the order.

 

  1. RETURN/REFUND

 

(a) You shall examine the products upon collection or delivery for any deficiencies and/or damages. If any product is found to be expired, missing components, incorrect or damaged inside after receipt, requests for return (if any) must be lodged to our Customer Service via Tutuban Center Facebook or Instagram Page within seven (7) days from the date of delivery or collection. Products to be returned must be returned in its original packaging, unused, with all gift items (if any) together with proof of purchase (original receipt or delivery note). Otherwise the retail value of the gift item(s) would be deducted from the refund. Items purchased as a set must also be returned as a set. All requests for refund will be reviewed on case-by-case basis and subject to the Company’s approval.

 

(b) Exchange, return or refund requests for items ordered online via the Platform will not be accepted at Tutuban Center and Merchants physical stores.

 

(c) The manner of refund will depend on the mode of payment originally made by the Customer as follows:

 

The amount will be refunded and credited to the Customer’s provided bank account via bank transfer.

For the avoidance of doubt, no cash refund is available at Tutuban Center and Merchant physical stores.

(d) The Company reserves the right to reject any exchange or refund for opened or used product in accordance with DTI rules and regulations. We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.

 

  1. DATA PROTECTION

 

The Company are committed to safeguarding the privacy of individuals with respect to personal data. We therefore make sure that our policies and practices in relation to collection, use, retention, transfer and access of personal data comply with the requirements of the Data Protection Act and the relevant rules and regulations. By using the Platform, you acknowledge that you have read, understood and/or have been duly informed of the terms and conditions pertaining to the data privacy practices of the Company as reflected in our parent company’s, AyalaLand Logistics Holdings Corp., Data Privacy Policy at https://www.ayalalandlogistics.com/privacy-policy/ and hereby express full conformity thereto.

 

  1. DISCLAIMER

 

(a) By accessing and using the Platform, you acknowledge and accept that the use of the Platform is at your own risk. Subject to any rights you may have under any consumer protection law and to the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for lost profits or for loss of revenue arising out of any use of, access to, or inability to use the Platform and any information and materials contained therein.

 

(b) The Platform and all information and materials contained in it are provided “As Is” without any warranty of any kind either express or implied, including but not limited, to any implied warranties or implied terms as to title, quality, merchant ability, fitness for purpose, privacy or non - infringement. We have no liability or responsibility for any errors or omissions in the contents of the Platform.

 

(c) You agree that your sole remedy, if any, is with the Merchant or supplier of the products, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return or refund for such products in accordance with our Return and Refund Policy.

 

(d) The Company may suspend the Platform for any reason whatsoever, including but not limited to, repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.

 

(e) The Company reserves the right to make any changes to the Platform or to discontinue any aspect or feature of the Platform without notice.

 

  1. INTELLECTUAL PROPERTY

 

(a) You acknowledge that the Platform contains information, data, software, photographs, graphics, text, images, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. You acknowledge that all such Content is proprietary to the Company and/or our Merchants. 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 use or exploit any of the Content, in whole or in part.

 

(b) Nothing in these Terms of Use gives you a right to use the Company’s name and Merchants name or any of the Company’s and Merchants trademarks, logos, domain names, and other distinctive brand features, and you may not use the same without our express written permission.

 

(c) Use of the services and Content by third parties – even of extracts – for the commercial purposes of offering goods and/or services– is not permitted. Infringements may be subject to legal action.

 

  1. THIRD PARTY LINKS

 

From time to time, the Platform may contain links to other websites, applications, or online or digital sites or services that are not owned, operated or controlled by the Company. All such links and the contents and information therein are provided solely as a convenience to you and are not an endorsement by us, our parents, subsidiaries, our affiliates or our partners. If you use these links, you will leave the Platform and your use of the said links will be at your own risk. Neither the Company nor any of our affiliates, subsidiaries or partners are responsible for any content, materials or other information located on or accessible from any other website, application, or online or digital site or service. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Platform, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions.

 

  1. USER INFORMATION

 

Other than Personal Data as defined under Republic Act No. 10173 (Data Privacy Act of 2012), which is subject to the Company’s Privacy Policy, any material, information, suggestions, idea, concept, know-how, technique, question, comment or other communication you transmit, upload, or post to or through the Website in any manner ("User Communications") are and will be considered non-confidential and non-proprietary. The Company may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, deletion and manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. However, we retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

 

  1. GOVERNING LAW

 

These Terms and Use shall be governed by and construed in accordance with the laws of the Philippines, and any dispute arising out of or in connection with such shall exclusively be submitted to the competent courts in the Philippines. Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights.