OVERVIEW 
Welcome to Form Capital!

The terms "we", "us" and "our" refer to Form Capital. Form Capital operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Form Capital is powered by Shopify, which enables us to provide the Services to you. 

The terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

 
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services. 

 

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Form Capital is the trading brand of Tinker Ceramic Trading, a business registered in the Philippines under DTI Business Name Registration No. 5884866.

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1. About Form Capital 
Form Capital designs and sells handcrafted ceramic homeware including, but not limited to:

• Mugs
• Bowls
• Plates
• Serving ware
• Vases
• Planters
• Coffee & tea accessories
• Home décor
• Limited collections
• Customized and bulk ceramic orders

Because every piece is individually handcrafted, each item is unique and may naturally differ from another.

2. ACCESS AND ACCOUNT
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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

 
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current, and complete and that you have all rights necessary to provide this information.

 
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

3. OUR PRODUCTS
We strive to display accurate descriptions, specifications, pricing, and photographs of every product.

However, due to differences in screen settings, lighting conditions, photography, and monitor calibration, actual colors may vary slightly from those displayed on your device.

Form Capital reserves the right to correct typographical errors, pricing mistakes, product descriptions, or availability without prior notice.

Such corrections may occur even after an order has been submitted.

4. ORDERS 
Submitting an order through our website constitutes an offer to purchase our products.

Your order is considered accepted only after:

• payment has been successfully processed;
• and you receive an order confirmation from Form Capital.

We reserve the right to refuse, cancel, or limit any order for reasons including but not limited to:

• suspected fraudulent activity;
• pricing or listing errors;
• unavailable inventory;
• payment authorization failure;
• inaccurate customer information;
• orders that violate these Terms.

If payment has already been collected for a cancelled order, a full refund will be issued using the original payment method.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

5. PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

 
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

6. ORDER CHANGES AND CANCELLATIONS
If you need to modify or cancel an order, please get in touch with us immediately.

We will do our best to accommodate your request.

However, we cannot guarantee order modifications or cancellations once:

• production has started;

• packing has begun;

• the order has been dispatched; or

• a shipping label has already been created.

Custom, personalized, made-to-order, and bulk orders generally cannot be cancelled once production has commenced.

7. SHIPPING AND DELIVERY
Form Capital carefully prepares and packages every order before dispatch.

We primarily ship through J&T Express, but reserve the right to use other trusted courier partners depending on the destination, shipping efficiency, operational requirements, or service availability.

Estimated delivery times displayed on our website are provided for guidance only and are not guaranteed.

Delivery times may be affected by circumstances beyond our reasonable control, including but not limited to:

• courier delays;

• weather conditions;

• public holidays;

• customs inspections;

• natural disasters;

• transportation disruptions;

• force majeure events.

Once your order has been handed over to the shipping carrier, you will receive tracking information whenever available.

While we carefully package every order, Form Capital cannot guarantee the performance of third-party shipping providers.

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you. Please refer to our Shipping Policy.

8. RETURNS, REFUNDS, AND EXCHANGES
Customer satisfaction is important to us. Due to the handmade nature of our products, our return policy is designed to balance fairness to our customers while protecting the integrity of our craftsmanship. Please refer to our Return Policy.

 

8.1. Returns
Return requests must first be reviewed and approved by Form Capital.
Unauthorized returns may not be accepted.
Products should be returned unused, in their original packaging whenever reasonably possible, and in the same condition in which they were received.

 

8.2. Exchanges
We may accommodate exchange requests on a case-by-case basis.

If you wish to request an exchange, please get in touch with our customer support team before returning any item.

Exchange requests are subject to product availability, inspection of the returned item, and approval by Form Capital.

Customers may be responsible for applicable shipping costs unless the exchange is due to an error on our part.

 

8.3. Refunds
Refunds may be approved in situations including, but not limited to:

• Incorrect item shipped;
• Product confirmed to be defective upon arrival;
• Item significantly damaged during transit;
• Cancelled order approved by Form Capital before production or dispatch.

Approved refunds will be issued through the original payment method whenever possible.

Processing times may vary depending on your payment provider or financial institution.

 

8.4. Items Not Eligible for Return or Refund
Unless otherwise required by applicable law, the following generally cannot be returned or refunded:

• products marked as Final Sale;
• clearance or promotional sale items identified as final sale;
• customized or personalized products;
• bulk or corporate orders once production has commenced;
• products showing signs of misuse, accidental damage, improper handling, or normal wear and tear;
• products damaged after successful delivery.
  

Nothing in this policy limits any rights available to consumers under applicable Philippine law.

8.5 Damaged or Incorrect Orders
If your order arrives damaged or if you receive the wrong item, please contact us within 48 hours of delivery.

To help us assess your claim, kindly provide:

• your order number;
• clear photographs of the item;
• photographs of the packaging;
• photographs showing the shipping label;
• a brief description of the issue.

Failure to report shipping damage within a reasonable period may affect our ability to investigate claims with the courier.

Upon review, Form Capital may, at its discretion, provide:

• a replacement;
• an exchange;
• a partial refund; or
• a full refund,

depending on the circumstances.

8. INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Form Capital, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Form Capital, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Form Capital.

 
Form Capital's names, logos, product and service names, designs, and slogans are trademarks of Form Capital or its affiliates or licensors. You must not use such trademarks without the prior written permission of Form Capital. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

9. OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, 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 the 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 features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

10. THIRD-PARTY LINKS 
Our Services may include links to websites, applications, products, or services provided or operated by third parties, including payment providers, shipping carriers, social media platforms, and other service providers. We may also integrate third-party functionality to enhance your shopping experience.

We do not own or control these third-party websites or services and are not responsible for their content, accuracy, availability, policies, practices, or performance. Your access to and use of any third-party website or service is at your own risk and is subject to that third party's own terms and policies.

We are not liable for any loss, damage, or claim arising from your use of or reliance on any third-party websites, products, or services. We encourage you to review the applicable terms, privacy policies, and other policies of any third-party provider before engaging in any transaction or providing personal information.

Any complaints, claims, or questions relating to third-party products or services should be directed to the relevant third-party provider.

11. RELATIONSHIP WITH SHOPIFY
Form Capital is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Form Capital. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Form Capital, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Form Capital.

12. PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

 
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

11. FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

 We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be 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 Feedback 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 Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party. 

12. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain 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 is inaccurate at any time without prior notice (including after you have submitted your order).

13. PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Form Capital, Shopify or users of the Services, or expose them to liability.

 In addition, you agree not to: (a) 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 Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

14. TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination. 

15. DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY Form Capital, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. 

16. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Form Capital, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

17. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Form Capital, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents. 

18. 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.

19. WAIVER; 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 governs 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.

20. ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

21. FORCE MAJEURE 
Form Capital shall not be liable for delays or failure to perform obligations caused by events beyond our reasonable control, including but not limited to:

• natural disasters;
• fire;
• flood;
• earthquake;
• epidemic or pandemic;
• government restrictions;
• labor disputes;
• transportation disruptions;
• supplier shortages;
• internet or telecommunications failures;
• courier interruptions.

Where possible, we will keep customers informed of any significant delays.

 
22. GOVERNING LAW
These Terms & Conditions shall be governed by and interpreted in accordance with the laws of the Republic of the Philippines.

Any dispute arising from these Terms shall be subject to the jurisdiction of the appropriate courts of the Philippines, without prejudice to any rights granted to consumers under applicable law.

23. CHANGES TO TERMS OF SERVICE 
Form Capital reserves the right to update or modify these Terms & Conditions at any time.

Any changes will become effective once published on this website.

Your continued use of our website after changes have been posted constitutes your acceptance of the revised Terms.

24. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us. Our contact information is posted below:

Email: form@capitalstudio.ph
Phone: +63 917 841 4487
Business Address: New Marbert Trading, Hayes Osmeña Street, Nazareth
9000 Cagayan de Oro City, Misamis Oriental, Philippines

Registered Business:
Form Capital is the trading brand of Tinker Ceramic Trading, a business registered in the Philippines under DTI Business Name Registration No. 5884866.