Terms and Conditions

This is the Terms and Conditions page applicable to the access and use of the Top Creamery Food Manufacturing Corporation (“Top Creamery”) website, both its web and mobile-optimized versions.

Accuracy of Information in Website. Images or photos of products are for reference only and should be considered illustrative and may differ from the actual product. Due to differences in screens, the colors of products may appear different from the ones shown on the website.

Product descriptions and stock quantities may change without prior notice, subject to availability. Top Creamery will do its best to keep the products, including their descriptions, and available variations such as the weight, color, and flavor current and updated. All products are subject to availability and may be withdrawn at any time. If the order cannot be fulfilled, the customer will be offered an alternative or given a refund for the out-of-stock product(s).

Terms of Sale. For every successfully placed order, a customer will be sent an email confirming receipt of the order from Top Creamery. Top Creamery reserves the right to decline any order. All orders are accepted subject to these Terms and Conditions.

Please note well, however, that once an order has been sent out from any authorized Top Creamery warehouse, cancellation or changes to the order cannot be made.

For Top Creamery training programs, full payment must be paid by the customer prior to the scheduled day of training.

If a customer purchased a business package from Top Creamery, a limited warranty shall be applicable. The preceding warranty shall be limited only to machine-operated products that are included in the purchased package.

Return and Refund Policy. Top Creamery will accept product returns, exchanges and refunds for wrong items delivered, damaged packages, and/or product quality issues as confirmed by the Top Creamery R&D and Production Departments, within forty-eight (48) hours upon delivery date and customer’s receipt of the products.

The products must be returned to Top Creamery, with shipping costs at buyer’s expense, along with proof of purchase and supporting clear photos/videos of the quality at issue (i.e., wrong delivery, run-down packaging).

Once evaluated by the Top Creamery team and approved for return, a customer could avail of the following options: have the product/s replaced, have the product/s exchanged for other items based on the value of the item to be returned, or payment for the returned item will be refunded. For refunds, the processing time depends on the mode of payment and procedures of the payment provider, which could be up to five (5) business days for bank transfers and cash payments, and anywhere between fifteen (15) to thirty (30) business days for credit card transactions made through payment gateways.

For orders that are returned to Top Creamery due to incorrect shipping addresses, the refund policy does not apply. Re-deliveries shall be borne by the buyer.

Terms of Payment. Payment for the purchase of products from the website can be made using any of the following: PayPal, Online Bank Transfer, Credit Card, GCash, and Cash On Delivery (COD). COD payment is available only when you select the shipping via J&T. Payment will be debited from your account before processing of delivery of items. It must be noted that in utilizing payment methods such as GCash, Credit or Debit Card, and GrabPay via Paymongo, a transaction fee shall apply. Payment and transaction fees shall cover the amount of the shipping fee as a base reference for the percentage to be added. Reasonable care will be done to keep details of order and payment secure.

Shipping and Delivery. All items shipped from Top Creamery facilities are free from any defects. Damage that is incurred through the negligence of the shipping forwarder such as but not limited to, animal bites, broken items, prolonged exposure to extremely hot temperatures, and other delivery-related issues are considered to be outside of the liability of Top Creamery. In the event however that the customer needs a crating for the fragile items, the same will be accommodated by Top Creamery. Provided that this request shall be made within a certain number of days before the delivery of the products to the designated address and with additional costs at the expense of the customer.

If the customer fails to pay for the purchased products, Top Creamery shall have the right to deny shipping and may consider the purchase incomplete.

Due to delivery term differences in different places/locations, it is imperative that the customer chooses the correct delivery address when placing an order; as Top Creamery will not be liable for the difficulty in finding the location of the delivery address.

Intellectual Property. The name “Top Creamery” and its website “[secured browser] topcreamery.com” and related pages, and its associated brand identifications such as the logo, banners, and favicon are properties owned, controlled, or operated by Top Creamery Food Manufacturing Corporation. No aspect of which may be used without permission or be infringed upon.

Disclaimer of Liability. Under no circumstances shall Top Creamery or its distributors be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your access or inability to use or access the website and any third-party content and services, whether or not the damages were foreseeable or whether or not the company was made aware of the possibility of such damages.

External Links. We take all reasonable care, in so far as it is our power to do so, to keep the details of your order and payment secure. However, in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from [secure browser] topcreamery.com. We are not responsible for the quality, nature, and reliability of third-party content

Terms of Use and Acceptable Use. Each user warrants and agrees that he/she/: (a) shall carry on activities on the website in compliance with any applicable laws and regulations; (b) shall not use the website to defraud, harass, abuse, defame or violate the rights of any other party; (c) shall impersonate any person or party, misrepresent yourself; and (d) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offense, give rise to civil liability, etc.) or encourage or abet any unlawful activities.

Date Of Effectivity: 2017-01-15