TERMS + CONDITIONS
The Fore Designer Goods Inc. (“The Fore”) owns and operates this Website. This document governs your relationship with www.thefore.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
If you do not agree with the Terms and Conditions, you should not use the Website for any purpose therefore.
I.Definition and Interpretation
“Account” refers to a Customer’s unique account created on the Fore’s Website upon completion of the registration procedure described in these Terms and Conditions.
“Business Day” refers to any day excluding Saturdays, Sundays and Holidays, on which banks generally are open for business in Philippines.
“Customer” means a registered account-holder, authorized by positive authentication to use the same in the Fore’s website, and similar in valid identification as that of the account owner, or a Guest User who has not registered an account with The Fore but who has completed the necessary form for the processing of an Order, who must be an individual over the age of 18 and who possesses a valid credit or debit card issued by a bank deemed acceptable by The Fore.
“Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
“Listing Price” means the price of Products for sale to Customers, as stated on the Online Store.
“Online Store” refers to the website operated and/or owned by The Fore, and through which a Customer may place Orders. The Online Store is accessed through the following URL: https://www.thefore.com.
“Order” refers the Customer’s order for Products he/she wishes to purchase through the Online Store, which has been placed in accordance with the procedures specified in these Terms and Conditions.
“Order Form” shall refer to the form which the Customer must complete in order to place an Order for Products through the Online Store.
“Payment Processor” shall refer to the third-party company appointed by The Fore to handle all credit card and other online payment options made available on the Online Store.
“Password” refers to the valid password that a Registered Account-holder with The Fore may use in conjunction with the Username to be a Customer who may access relevant Online Store and/or Services.
“Personal Data” means data, whether true or not, input through a positive act by an individual for purposes of registration, which can be used to identify, contact or locate the Customer. Personal Data includes the Customer’s name, email address, billing address, shipping address, phone number and credit card information.
“Product” means a product, including any installment of the product or any parts thereof, available for sale to Customers through the Online Store.
“The Fore” shall refer to THE FORE DESIGNER GOODS INC., a company duly registered and established under Philippine laws.
“Trademarks” means the trademarks, service marks, trade names and logos belonging to The Fore and used and displayed on the Online Store.
“Username” refers to the unique login identification name or code which identifies a Customer who has an account with The Fore.
II. Use of the Online Store
Registration for the Online Store: The Customer may register an Account with the Online Store by supplying The Fore with his or her name, address, postal code, email address, and such other personal information as may be required by the Online registration form. The Customer shall be responsible for the accuracy of all information which he/she provides The Fore and hereby agrees to indemnify and hold The Fore free and harmless against any claim or liability for any misinformation or falsity or wrong input of any information therein, or the unauthorized or illegal disclosure or use of such personal information made by the Customer. The Customer will also be required to provide a Username and a corresponding Password, which information will be necessary for accessing his or her Account. The Customer must keep the password confidential and immediately notify The Fore of any unauthorized use or access of his or her Account, Password, email address, or any other breach of security known to him or her.
Use of the Online Store shall not be restricted to only Customers who have registered Accounts. Customers may place Orders and purchase Products through the Online Store as “guest shoppers”, provided they supply their name, address, postal code, email address, and such other personal information as may be required by the Order Form.
Valid Email required for registration: The Customer must be registered with a valid personal email address that is accessed by him regularly. The Fore reserves the right to terminate without notice any Accounts which have been registered with erroneous, false or non-existent email addresses and other information, and to require the Customer to validate Accounts as a required step for the registration process.
Security of personal information: The Customer is responsible for maintaining the confidentiality of his or her Account, Password, and other personal information, and The Fore shall not be held liable or responsible in any manner for any breach of security or unauthorized access or use of the Customer’s Account resulting from the Customer’s failure to maintain the confidentiality of such information.
Access of the Online Store: The Fore is entitled to treat any use or access of the Online Store under a Customer’s Account as being made by the Customer himself and no other person, and that likewise any information, data or communications referable to the Customer’s Account shall be deemed to have been supplied by the Customer himself and no other person. The Fore shall likewise be fully indemnified by the Customer against any claim, action, liability and/or for all losses attributable to any use of the Online Store referable to said Customer’s Username and Password.
Placing Orders and Making Online Payments: Customers may place orders by clicking the “Add to Cart” button while viewing a Product. A pop up window will appear on the side with your list of pending orders. Customers will then be directed to a web page summarizing all the Products ordered by Customers ready for checkout. After Customers click the “Checkout” button, they will be directed to the Order Form where they must supply the details required and click the “Proceed” button. Customers will then be given the opportunity to review the details of their Order. Thereafter, Customers may click the “Place Order” button.
After placing their Orders, Customers will be directed to The Fore’s Payment Processor’s page, where they will select their payment methods. Thereafter, they must supply all the necessary details required in the Payment Form, and click the “Pay Now” button. Customers will then be directed to a web page informing them if their online payment was successful.
After placing their Orders and making their online payments in accordance with the procedure described above, Customers will receive a order confirmation email verifying that The Fore has received their Orders for review and processing.
The Fore may, from time to time, and without giving any reason or prior notice, modify the procedure to be used for placing Orders through the Online Store. The Fore shall not be bound to accept or process any Orders placed in a manner other than that specified herein or on the Online Store. The Customer shall be responsible for ensuring the accuracy of the Order and all the information supplied therewith.
No cancellation of Orders: All Orders placed in accordance with the procedures specified above are final and are no longer subject to cancellation. The Fore shall treat all such Orders as being irrevocable and unconditional.
Prohibited actions: The Customer shall not in any way use or submit anything upon Registration or through the Online Store in a manner which:
01. is in breach of any law, statute, regulation or by-law of any applicable jurisdiction;
02. is fraudulent, criminal or unlawful;
03. is inaccurate or out-of-date;
04. may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
05. impersonates any other person or body or misrepresents a relationship with any person or body;
06. may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of The Fore or any third party;
07. is contrary to any specific rule or requirement under these Terms and Conditions or otherwise found on the Online Store; or
08. involves the delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Modification of the Online Store: The Fore may, from time to time, and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Online Store or any product or service provided through the same, or prices thereon, without liability for doing so.
Rights of The Fore: The Fore reserves the right, but not the obligation to:
01. monitor, screen or otherwise control any activity, content or material on the Online Store, and, in its sole and absolute discretion, investigate any violation of these Terms and Conditions and take any corresponding action it deems appropriate to protect its interests as well as those of its Customers and the public in general;
02. refuse, prevent, or restrict access of any Customer to the Online Store for any reason at its absolute discretion;
03. report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities, and to cooperate with such authorities and provide relevant information as may be required therefore;
04. request any information and data from the Customer in connection with the use of the Online Store at any time; and
05. deny, restrict, suspend or revoke service to any Customer who refuses to supply the information and/or data requested under the previous item, or where The Fore has reasonable ground to believe that inaccurate, misleading or fraudulent information and/or data has been provided by the Customer.
III. Purchase of Products
Compliance with rules and guidelines: The Customer agrees to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Online Store, as well as any amendments to the aforementioned, issued by The Fore from time to time. The Fore reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time at its sole and absolute discretion. The Customer is deemed to be aware of and bound by any changes to the foregoing upon their posting on the Online Store or upon such other method of notification as determined by The Fore.
Product descriptions: The Fore makes no warranty that the descriptions of the Products found on the Online Store are absolutely accurate, current, or free from error. Pictures and images on this Website are for illustration purposes only. No qualities or characteristics of the products depicted herein could be inferred from the relevant pictures. In the event that the Product received by the Customer is of a fundamentally different nature from the Product ordered as described on the Online Store, the provisions of these Terms and Conditions under Section VI on “Repair, Replacement or Refund of Products” shall apply.
Prices of Products: The prices of the Products payable by a Customer shall be the Listing Price at the time the Order was placed. All Listing Prices are subject to all applicable national and/or local governmental taxes and duties where the Orders are deemed placed and where they are delivered, as the case may be, unless otherwise stated. The Fore reserves the right to amend the Listing Prices at any time without giving any reason or prior notice and such amendments to the Listing Prices shall be effective and binding on Customers immediately upon posting in this Website.
No representations or warranties: Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Online Store shall be borne by the Customer, and The Fore shall not be liable therefor. All data and/or information contained in the Online Store are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory are given in connection with the Online Store. To the extent allowed under Philippine law, no condition is made or to be implied nor is it warranted, expressly or impliedly, that:
01. the life or wear of the Products or that they will be suitable for any particular purpose or use under any specific conditions;
02. the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained on the Online Store;
03. the Online Store or the Products will be available and provided in an uninterrupted manner, secure or free from errors or omissions, or that any identified defect will be corrected;
04. the Online Store is free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros;
05. that any transmission of information by or to the Customer through the Online Store will not be accessed by unauthorized third parties, nor be free from interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
Exclusion of liability: The Fore shall not be liable for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
01. any access, use and/or inability to use the Online Store;
02. reliance on any data or information supplied by the Customer through the Online Store;
03. any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
04. any use of or access to any other website or webpage linked from the Online Store.
Extinguishment of actions: Any actions arising from the breach of any warranty or representation, or any right to damages, whether express or implied, shall be extinguished if an action is not brought against The Fore within two (2) years from the date of actual delivery, or from the scheduled delivery of the Product, whichever comes earlier.
Limitations On Quantity: Products available for purchase from The Fore are intended for non-commercial use, and purchase of any merchandise for resale purposes is prohibited. The Fore reserves the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address. The Fore will notify Customer if such limits are applied. The Fore reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.
IV. Delivery of Products.
Delivery Address: Delivery of the Products ordered shall be made to the address supplied by the Customer in the Order Form. The Fore will not be held responsible for Orders lost or delayed due to inaccurate and/or incomplete delivery details provided by the Customer. The Fore may charge Customer for the additional delivery charges it may incur for re-delivery of the Products due to such inaccurate and/or incomplete delivery details.
Delivery and packing charges: Delivery and packing charges by The Fore and/or its service provider shall be those specified on the Online Store and set out in the Order at the time such Order was placed. Delivery fees for international orders do not include customs, tariffs and other duties imposed by the country of destination, which shall be borne by the Customer. The Fore reserves the right to use any courier service as its delivery partner. Unless otherwise chosen by the customer after agreeing for payment of the same, and only when such option is available, all delivery services by The Fore for purchases made through its website shall be understood and acknowledged by the Customer as regular delivery, un-expedited and un-insured.
Projected delivery dates: The Customer acknowledges that delivery of the Products is subject to their availability. The Fore will make every reasonable effort to deliver the Product to the Customer within the projected delivery period stated on the relevant page on the Online Store. However, the Customer acknowledges that all delivery timeframes given are estimates only and delays may take place. The Fore shall not be responsible for unreasonable delays or failure to deliver the Products due to causes beyond its control.
Deemed receipt: In the event the Customer does not receive the Product by the projected delivery date, and provided that said Customer gives notice to The Fore through email at firstname.lastname@example.org, within three (3) days immediately from such projected delivery date, The Fore shall endeavor to locate and deliver the Product. The failure to give due notice within the aforementioned three-day period shall result in the Customer being deemed to have received the Product subject to his or her rights under Philippine law.
The Customer may pay for the Product, together with all taxes, duties, packing and delivery charges using any of the payment methods prescribed by The Fore and indicated on the appropriate pages of the Online Store from time to time. The Fore reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice or giving any reason.
VI. Repair, Replacement or Refund of Products
Repair, Replacement or Refund Policy: Within seven (7) days from the date of delivery of the Product (fourteen days (14) for international shipments), the Customer may request for its repair or replacement when such Product is faulty or damaged upon delivery or an exchange of wrong items, color, or sizing attributable to The Fore. The damage for which the Customer may request for Repair or Replacement as referred to in this clause is limited exclusively to factory defects or damage due to shipping and handling, and does not include damage caused by extensive use of the product and normal wear and tear, damage caused by wrong use of cleaning products, damage caused by alterations made by the Customer to the Product, damage otherwise caused by the Customer’s improper handling of the Product, or by abnormal storage and or working conditions, accident, or negligence on the part of the Customer. The Fore will replace the faulty or damaged item in case it cannot be repaired with exactly the same item or the same item of different size in good condition. If the item is no longer available, The Fore will coordinate with the Customer for a suitable replacement or for the refund of the purchase price. The Fore reserves the right to choose between repair, replacement for an exactly similar good or item, or refund, unless the right for the same has been granted to the customer. Return shipping including import duties, taxes and other expenses will be shouldered by the customer. Returned items will only be accepted if it is in good condition and with complete packaging.
Products purchased in conjunction with a promo cannot be replaced. The Fore likewise reserves the right to prohibit replacement on some items for health, hygiene, and sanitary reasons.
Returns shall not be allowed.
VII. Risk and property of the Goods
Risk of damage or loss: The risk of damage to, loss, or deterioration of the Products shall pass to the Customer at the time of delivery, or at the time The Fore or its agents has tendered delivery of the Products if the Customer wrongfully fails or refuses to accept delivery of the said Products at the time of first delivery.
Ownership of the Products: Notwithstanding delivery and the passing of risk in the Products, ownership of the ordered Products shall not pass to the Customer until The Fore has received in the manner prescribed by it under Section V, in cleared funds, full payment of the price of the Products including all taxes and delivery and packing charges due thereon. Until such time as the ownership of the ordered Products passes to the Customer, the Customer shall hold said Products as The Fore’s fiduciary agent and bailee and shall keep them separate from his or her own property. Likewise, until such time as the ownership in the ordered Products passes to the Customer, The Fore shall be entitled at any time to demand the Customer to deliver the Products to The Fore. In the event of the Customer’s non-compliance, The Fore reserves it’s right to take legal action against the Customer for the delivery of the Products and to seek damages and all other costs including but not limited to legal fees against the Customer.
Indemnification: The Customer shall indemnify The Fore and all of its respective officers, employees, directors, agents and contractors against all loss, damages, costs, expenses and legal fees incurred by The Fore in connection with the assertion and enforcement of The Fore’s rights under this condition.
VIII. Limitation of Liability
Sole Remedies of the Customer: The remedies set out under Section VI are the Customer’s sole and exclusive remedies for non-conformity of or defects in the Products.
Maximum Liability: Notwithstanding any other provision of these Terms and Conditions, The Fore’s maximum cumulative liability to the Customer or to any other party arising out of or relating to the sale of Products through the Online Store, shall not exceed the sums actually paid by the Customer for the Products purchased thereby.
IX. Intellectual Property
The Intellectual Property in and to the Online Store and the materials found thereon are owned, licensed to or controlled by The Fore and its licensors or service providers. Unless the prior written authorization of The Fore or the appropriate copyright or trademark owners has been obtained, no part or parts of the Online Store, the Website or the materials found thereon may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment. Neither shall the Customer remove or alter the trademarks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products without the aforementioned prior written authorization of The Fore or the appropriate copyright or trademark owners. Nothing in the Online Store, the Website and in these Terms and Conditions shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any materials or trademarks displayed on the Online Store or Website, without the prior written authorization of The Fore or the appropriate copyright or trademark owners. The Fore reserves the right to enforce its Intellectual Property Rights and those of its licensors or service providers to the fullest extent of the law.
X. Force Majeure
The Fore shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms and Conditions or any part thereof, or for any inaccuracy, unreliability or unsuitability of the Online Store's or Website’s contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond The Fore’s reasonable control.
The Fore’s failure to enforce these Terms and Conditions shall not constitute a waiver of these terms or of any continuing or succeeding breach of such provision, or a waiver of such provision, or a waiver of any right under these Terms and Conditions, and such failure shall not affect the right of The Fore to later on enforce the same.
If at any time any provision of these Terms and Conditions shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby, and shall continue in force and continue to be binding.
XIII. Governing Law
These Terms and Conditions shall be governed by, and construed in accordance with the laws of Philippines. Any legal action arising from these Terms and Conditions initiated by a party shall be brought exclusively in the proper courts of Quezon City, Metro Manila, and the prevailing party shall be entitled to reasonable attorney’s fees.
The Fore reserves the right to amend these Terms and Conditions at any time by posting said amendments on the Online Store or by using such other method of notification as it may determine. Customers who make purchases of The Fore’s Products through the Online Store must read and agree to the latest Terms and Conditions in force at the time their Orders are placed and shall be bound thereby. Customers who successfully place Orders in this manner are deemed to have accepted the Terms and Conditions in force at the time the Orders are placed.
XV. Entire Agreement
These Terms and Conditions of Sale shall constitute the entire agreement between The Fore and the Customer relating to the subject matter hereof, and supersedes and replaces in full all prior understandings, communications and agreements whatsoever with respect to the subject matter hereof.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and The Fore will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
XVII. Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of The Fore or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by The Fore and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
XVII. General Provisions
Cumulative rights and remedies: Unless otherwise provided under these Terms and Conditions, The Fore’s rights and remedies under these Terms and Conditions are cumulative and are without prejudice and in addition to any rights or remedies The Fore may have in law or in equity. Further, no exercise by The Fore of any one right or remedy under these Terms and Conditions, or at law or in equity, shall operate so as to hinder or prevent its exercise of any other such right or remedy under these Terms and Conditions, or at law;
Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on The Fore’s part shall be subject to correction without any liability on its part.
Currency: Money references under these Terms and Conditions shall be in Philippines Pesos when delivery is to be made in the Philippines. For deliveries to be made in any location outside of the Philippines, the money reference shall be of that country. When using a payment method denominated in a foreign currency, The Fore is not liable for any currency exchange rate fluctuations and does not guarantee that foreign currency prices are accurate on its site.
Subcontracting and delegation: The Fore reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms and Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as The Fore deems appropriate.
Disclaimer: The Fore cannot and does not represent or warrant that the Website or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements. The website and all information, content, materials, products, services, and user content included on or otherwise made available to you through the Website are provided by The Fore on an "as is," "as available" basis, without representations or warranties of any kind. The Fore makes no representations or warranties of any kind, express or implied, as to the operation of the Website, the accuracy or completeness of the Website contents, or that emails sent from The Fore are free of malware or other harmful components. You expressly agree that your use of the Website is at your sole risk. The Fore will not be liable for any damages of any kind arising from the use of the Website or the site contents including, without limitation, direct, indirect, consequential, punitive, and consequential damages, unless otherwise specified in writing. To the full extent permitted by applicable law, The Fore disclaims any and all representations and warranties with respect to the Website and the Website contents, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use.
The views and opinions expressed by users of this Website are solely those of the original authors and other contributors. These views and opinions do not necessarily represent those of The Fore, nor its staff, and/or any/all contributors to this Website. The Fore is not responsible for the accuracy of any of the information supplied by the users.
International Shipping Policy: Customer agrees that any purchased Products licensed or sold on the Website, are subject to the customs and export control laws and regulations of the Philippines, as well as the customs and import control laws and regulations of the country in which the Products are manufactured and/or delivered and agrees to abide by applicable laws, rules, and regulations. The Fore will make commercially reasonable efforts to estimate the amount of export and import duties, charges, fees and other expenses (said estimate, the “Estimate”). However, the Estimate may be more or less than the final actual amount of export and import expenses due and payable. The Fore has no control over the export or import expense and cannot always predict what the final actual amounts may be. For greater certainty, Customer should contact the local customs office for further information on the import taxes and customs duties that may be applicable to the purchase of Products. Customer agrees and acknowledges that:
01. the actual import fees may be more or less than the Estimate;
02. Customer must bear the responsibility of paying all actual import expenses;
03. Failure by Customer to pay import expenses in a timely manner may not only cause delays beyond the original delivery estimates, but also may put Customer at risk of potential liability for taxes and other expenses.