Terms & Conditions

TERMS AND CONDITIONS OF USE AND FOR ONLINE PURCHASE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THE SAME. This constitutes the terms and conditions (“Terms and Conditions”) for the use of the ePharmacy System for online purchases, inclusive of future updates, modifications and other related services currently provided or which will be provided by Distribution Solutions Phils. Inc. (“DSPI”) and its related affiliates and subsidiaries.

In these terms and conditions, the "Company," “We,” or “Us” will mean DSPI, and the "Customer" or “You” will mean any person, firm, company or body which places an order with the Company through the Website. The term “Website” pertains to the web-based and mobile versions of the website operated and/or owned by the Company at the time of acceptance of the customer, and future updates hereinafter. By using the Website or any part of it, you agree that you have read these Terms and Conditions and that you accept and agree to be bound by them.

1. GENERAL

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

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

1.3. You agree and undertake NOT to: (i) post, promote or transmit any materials or information through the Website which are or may be offensive, indecent, defamatory or which may not be lawfully disseminated under applicable laws or which you know or have reason to suspect contains any viruses or damaging components that may detrimentally interfere with the Website or its operation; (ii) use the Website other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws, or view, listen to, download, print or use any materials in the Website other than as allowed under applicable laws; (iii) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity; (iv) provide on the Website data that are inaccurate and agree to take sole responsibility for such information and data; and (v) share or disclose your account information and password and shall be responsible for maintaining the confidentiality of the same by restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account, whether such activity is authorized or not. You should notify us immediately if you have knowledge or have reason for suspecting that the confidentiality of your account has been compromised or that there has been any unauthorized use thereof.

1.4. Any feedback, comments, or suggestions you may provide regarding the use of the Website is entirely voluntary and we will be free to use such Submission as we see fit and without any obligation to you. By making a Submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media. You also grant us the right to use the name you submit in connection with such Submission.

2. REGISTRATION AND ACCOUNT SECURITY

2.1. By accessing the Website and/or using the services therein, you represent that you are at least 18 years old, legally capable of entering into binding contracts and agree, without limitation or qualification, to be bound by these Terms and Conditions.

2.2. Customer is required to register as a user before placing any order through the Website. Upon registration:

2.2.1. Customer must provide us with accurate, complete and up to date registration information; and

2.2.2. The Company is authorized to assume that any person using the Website with Customer’s username and password is either the Customer himself/herself or is authorized to act for the Customer.

2.3. You are responsible for safeguarding your username and password that you use to access the Website and for any activities or actions under your password. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2.4. The Company has the absolute discretion to refuse registration of a potential customer and to terminate the registration of any customer for any reason whatsoever.

2.5. Customer must inform DISTRIPHIL on the website using the http://www.distriphil.com/contact-us/, immediately of any changes to the profile information that you provided so that we can communicate with you effectively.

2.6. Customer shall be liable for every order made under his/her login and agrees to indemnify the Company for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders through this Website using the Customer’s login.

2.7. Should you find any unauthorised use of your login, you shall notify the Company immediately and effectively.

2.8. In the event that your user account is not used for a specified period (currently 3 years) and it is not holding any valid e-voucher or e-coupon therein which are valid for redemption, we will for your own as well as our protection deem your account to be no longer in use and we will deactivate it, and all your accumulated points, if applicable, will be forfeited.

2.9. In the event that your user account is not used for a specified period (currently 3 years) and it is not holding any valid e-voucher or e-coupon therein which are valid for redemption, we will for your own as well as our protection deem your account to be no longer in use and we will deactivate it, and all your accumulated points, if applicable, will be forfeited.

3. PRICE AND PRODUCT

3.1. The Company shall make every effort to ensure products displayed on the Website 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.

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

3.3. The prices charged are those applicable on the day your order is placed.

3.4. 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.

3.5. All pictures and images of the products displayed on the Website are for illustration purposes in order to help the customer to recognise the products only. The actual size, dimension and colour of the products may differ.

3.6. It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.

4. ONLINE ORDER

4.1. Once you have selected a product that you wish to order via the Website, you will then be shown the charges you must pay including taxes, if applicable, and any applicable delivery charges.

4.2. Customer shall pay in full using any credit card acceptable to the Company or by cash on delivery (“COD”) as detailed in the section on “Payment”. The Customer must ensure that his/her credit card account has sufficient credit line to cover the proposed payment to us. In the event that the credit card transaction is not approved, Customer can opt for other designated payment method(s).

4.3. Submitting an order via the Website means you agree to purchase products or services in accordance with to the current Terms and Conditions on the date you submit your order. You are responsible for reviewing the latest Terms and Conditions each time you submit your order.

4.4. After receiving your order, we will acknowledge receipt of your order by email accordingly (“Email Acknowledgment”).

4.5. 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.

5. PAYMENT

5.1. We accept payment by bank transfer and by COD.

5.2. The Company may from time to time set credit limits for individual Customers and the Company reserves the right to limit sales including the right to decline sales to any Customers.

5.3. Full payment in respect of an order must be made upon the placing of the order (for bank transfer) or upon delivery (for COD option).

5.4. We reserve the right to change the payment terms for any order without prior notice.

5.5. We reserve the right to change the payment mode for products offered online at any time by announcement via Website, email and any other means of public communications.

5.6. If a 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.

6. CANCELLATION

6.1. 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.

6.2. Customers will be duly notified in the event that an order has been cancelled.

6.3. Cancellation of orders, paid using credit cards, will be refunded via credit card payment reversal following standard processing period.

6.4. 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 http://www.distriphil.com/contact-us/

7. DELIVERY (applicable where you have chosen to have your order(s) delivered to a designated address)

7.1. Delivery is free of charge for all orders

7.2. We only accept orders for delivery in the Philippines to the specified address. Products will be delivered to an address designated by you. You may expect your order(s) within:

(a) 1-3 working days for NCR

(b) 7 working days for Urdaneta, Cebu, & Davao

7.3. You will receive a 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.

7.4. We shall not be held responsible for any loss, damage or missing items to the delivery after the delivery has been made.

7.5. 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.

7.6. 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 DISTRIPHIL Customer Service.

7.7. In case you will not be able to personally receive your order, please make sure to prepare an authorization letter and proof of your 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.

7.8. 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, in which case we will refund to you or through your credit card account the payment that you have made for the order, following our standard processing period.

8. RETURN/REFUND

8.1. 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 http://www.distriphil.com/contact-us/ (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.

8.2. The manner of refund will depend on the mode of payment originally made by the Customer as follows:

8.2.1. For banking, refund will be done via cheque deposit to the provided Customer’s bank account, and will be processed within 7 to 15 banking days.

In case of delay, you may contact our Customer Service to get the details of the reversal, as the delay may be on the part of your card-issuing bank.

8.2.2. For cash-on-delivery (COD) payments, the amount will be refunded and credited to the provided Customer’s bank account.

8.3. 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.

8.4. Hygiene-sensitive products sold are non-refundable.

8.5. Products are refunded at the price value at the time the order is placed.

9. FORCE MAJEURE

We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labor dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

10. DATA PROTECTION

We 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 Privacy Act and the relevant rules and regulations. Kindly refer to our Privacy Policy which forms part of these Terms and Conditions.

11. APPLICABLE LAW:

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

12. DISCLAIMER

12.1. By accessing and using the Website, you acknowledge and accept that the use of the Website 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 Website and any information and materials contained therein.

12.2. This Website 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, merchantability, fitness for purpose, privacy or non - infringement. We have no liability or responsibility for any errors or omissions in the contents of the Website.

12.3. We, our parent company, subsidiaries, affiliates, partners, and their respective shareholders, directors, officers, employees and agents assume no responsibility and shall not be liable (to the extent permitted by law) for any damage or injury arising out of any use of or access to the Website, or any failure of performance, error, omission, business interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation loss of data or compatibility problems), data non-delivery, misdelivery, corruption, theft, destruction or alteration of the Website, whether for breach of contract, tortious behavior, negligence or, under any other cause of action resulting directly or indirectly from any access or use of the Website, loss or damages of any sort incurred as a result of accessing the third party links on the Website or any uploading, downloading or publication of data, text images or other material or information to or from the Website.

12.4. You agree that your sole remedy, if any, is with the manufacturer 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.

12.5. The Company may suspend the Website 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.

12.6. The Company reserves the right to make any changes to the Website or to discontinue any aspect or feature of the Website without notice.

12.7. The Company shall not be liable for any credit card fraud. You agree to be responsible and to protect your credit card information against any credit card fraudulent transactions, including but not limited to, information/identity theft, phishing, account takeover, skimming and other credit card-related online scam. The Customer understands that the online transactions entered into the website are not in the nature of banking transactions, that it is only one of ordinary purchase of goods and services using the website.

13. INTELLECTUAL PROPERTY

13.1. You acknowledge that the Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, 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 suppliers. 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.

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

13.3. Permission, if granted, will only allow you to download, print or use the Content for personal and non-commercial uses, provided that you do not modify the Content and that We or the relevant copyright owners retain all copyright and other proprietary rights and notices contained in the Content.

13.4. 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.

14. 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.

15. TERMINATION

You or we may suspend or terminate your account or your use of the Website at any time, if it sees that there is any disregard or violation of these Terms and Conditions. You are personally liable for any orders for charges that you incur prior to termination.

We reserve the right to change, suspend, or discontinue all or any aspect of the Website at any time without notice.

16. ADDITIONAL ASSISTANCE

If you have any questions or comments, we invite you to contact us via http://www.distriphil.com/contact-us/