Terms & Conditions

Thank you for visiting THE PHARMACY TREE. Please read these Terms and Conditions carefully before accessing or using this website or mobile application.

GENERAL

By accessing or using any part of this website/application or its services, you hereby acknowledge that you have read and understood the Terms and Conditions, and agree to comply with and be legally bound thereby. If you do not agree to these terms and conditions, you are prohibited from accessing or using the website/application and its services.
Your access and use of this website/application is an acknowledgement that you have also read and understood our Privacy Policy and consent for the processing described therein.

HEALTH-RELATED CONTENT

This website/application contains basic or general information about pharmaceuticals and general principles of healthcare. These information are not intended as a substitute to any medical advice, diagnosis and treatment of any health problem. All health-related content of this website/application is for reference only and should not be solely replied upon. Any medical concern should be consulted and discussed with an appropriate professional healthcare provider. You should also check official product information (including package inserts and leaflets) regarding precautions, contraindications, interactions and administration before using any medicine or supplement discussed in this website/application.
You understand and agree that The Pharmacy Tree has no liability for any outcome relating directly or indirectly to any decision or action you take in reliance on the information contained on, or accessible through this website/application. Reliance on any health-related content in this website/application is solely at your risk.

ACCOUNTS

Certain services offered on or through this website/application may require you to create and set-up an account. Your account information and other personal information is subject to our Privacy Policy. You are responsible for maintaining the confidentiality of your password and other information you hold for your account, and all usage that occur in connection with your password or account. You agree to immediately notify The Pharmacy Tree of any unauthorized use of your account, password or any other breach of security.
For your account, you agree to provide accurate, complete and current information about yourself. It is your responsibility to promptly update your account information. If you provide any fraudulent, inaccurate, incomplete or outdated information, or we have reasonable grounds to suspect such, we reserve the right to suspend or terminate your account without notice and refuse any or all current and future use of this website/application. You acknowledge and agree that we shall not be liable to you or any third party for any termination of your access to your account or this website/application.

CONDUCT

You agree that all information or data of any kind, whether text, software, code, photographs or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used.
By using this website/application and its services, you explicitly agree that:
      (a)

You are of legal age and legal capacity to enter into and form contracts under any applicable law;

      (b)

You will not impersonate or misrepresent your affiliation with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

      (c)

You will not conduct yourself or provide content that may be construed as: unlawful; threatening; defamatory; libelous; offensive; that violates the property rights, privacy or publicity of others; designed to interfere with the operation of this website/application or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable law;

      (d)

You will not collect or harvest any information about other users;

      (e)

You will not use this website/application to promote or operate any service or content without prior written consent of The Pharmacy Tree;

By providing any material to this website/application:
      (a)

You automatically grant The Pharmacy Tree a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, modify, translate, display, publish, reproduce, distribute, archive, perform, promote and to create derivative works (in whole or in part) in any form, media or technology already known or developed later.

      (b)

You acknowledge and agree that we will have the right (but not obligation), at our entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.


ERRATA AND REVISION

Although The Pharmacy Tree takes each and every effort to keep the information on this website/application accurate, complete and up-to-date, we cannot guarantee such. We will not be liable to any damage or loss related to the information and other materials on this website/application. We may make changes to the information on this website/application at any time without notice.

TERMS OF SALE

By placing an order, you are offering to purchase a product on and subject to the following terms and conditions:
      (a)

Operating Hours
Your order is only processed during operating hours of The Pharmacy Tree. Our operating hours are from 8:00 AM to 5:00 PM (PST) on Mondays to Saturdays, excluding holidays. Orders placed after operating hours will be processed on the next business day;

      (b)

Our Contract
When you place an order, you will receive an e-mail notifying you that we received your order: this email will only be an acknowledgement and will not constitute acceptance of your order. We retain the right to refuse any request made by you. A contract between us will not be formed until we send you confirmation by e-mail that the items you ordered will be accommodated and fulfilled by us. Only those items listed in the confirmation e-mail sent will be included in the contract formed;

      (c)

Pricing and Availability
All orders are subject to availability and confirmation of the order price. All prices are inclusive of Value Added Tax (VAT) and are quoted in Philippine Pesos. Prices displayed are subject to change without prior notice. In the event that you have placed an order with an incorrect price, we will inform you of the error as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the order, you will receive the full amount paid for as store credit;

      (d)

Beneficiaries
You guarantee that the beneficiaries you attach to your account has given you informed consent to let us access and use their personal data and information (including their prescriptions) to process your order. For beneficiaries below legal age, the legal guardian's informed consent is needed. You also guarantee that the provided details of your beneficiaries are true, accurate, complete and current;

      (e)

Doctor's Prescription
You guarantee that the doctor's prescriptions, which you use in your transactions with us, are true, accurate and not tampered with. You also agree to surrender the original copy of the said prescriptions upon order pick-up or delivery.

      (f)

Payment
You undertake that all payment details you provide to us are accurate and true, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods;

      (g)

Pick-up
You agree to pick-up your order within seven (7) days of ordering. Otherwise, your order will be cancelled.

You acknowledge and agree that upon order pick-up, you are required to present a copy (can be printed or copy on mobile gadget) of the order confirmation email sent to you and a valid ID. In case you authorize a representative to claim your order, an authorization letter and the representative's ID must be presented along with the aforementioned requirements.

      (h)

Delivery Time
We rely on reputable third-party couriers to deliver your order, delivery times may vary according to availability and subject to any delays resulting from courier delays or force majeure for which we will not be responsible. Typical delivery times are 1 to 3 business days after we confirmed your order.

Please take note that in case it is not the official recipient who will accept the delivery, the courier will require an authorization letter and valid IDs of both the representative and the official recipient.

      (i)

Receipt of Order
To ensure the quality of the products you order, we seal your order prior to delivery. Upon receipt of your order, it is your responsibility to check that the package has not been tampered with. Should you notice any tampering on your package, do not accept the order and immediately inform us of the situation at pharmacist@thepharmacytree.com so we may rectify the issue;

      (j)

Defective or Incorrect Items
For safety and hygiene reasons, we only allow returns of defective or incorrect items within 24 hours of receipt. Send us an e-mail at pharmacist@thepharmacytree.com to report such item. Do not ship us the product until you have received confirmation from us. If you opted for replacement, we will ship the replacement once your request has been approved and the defective or incorrect item has been shipped back to us. We will pay for the return shipping;

      (k)

Cancellation
In the event that your order has been cancelled due to unavailability of the item/s you ordered, incorrect or incomplete order details or inaccurate or ambiguous doctor's prescription but you have already paid for the order, we will credit the full amount of the order payment through store voucher.

If the order cancellation is due to inability to submit the original copy of the prescription used in ordering upon order pick-up or delivery, we will credit the amount left of the order payment, after subtracting the processing fee, as store voucher.


DISCLAIMER

The Pharmacy Tree, this website/application and its content are delivered on an "AS-IS" and "AS-AVAILABLE" basis, without representations, guarantees or warranties of any kind. The Pharmacy Tree disclaims and negates all other warranties, including but not limited to, warranties of accuracy, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

The Pharmacy Tree disclaims any liability for the acts, omissions and conduct of any third party in connection with or related to your access and use of this website/application and/or its services. You assume total responsibility for your website/application use and any linked sites.

VARIATION

The Pharmacy Tree reserves the right, at any time, without notice, to modify, suspend or terminate access to or operation of any portion or the entirety of this website/application, and any applicable policies or terms, for any reason. We also have the right to interrupt the operation of any portion or the entirety of this website/application as necessary to perform routine or non-routine maintenance, error correction or other changes.

LIMITATIONS OF LIABILITY

You acknowledge and agree that in no event shall The Pharmacy Tree be liable for any indirect, exemplary, punitive, incidental, special, or consequential damages, or any damages whatsoever resulting from loss of use, business, data or profits, litigation and other intangible losses, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. With respect to items or services purchased through this website/application, our liability, in any case, is expressly limited to replacement of defective or incorrect items, or, at our election, to your repayment or crediting with an amount equal to the cost of the transaction.

INDEMNIFICATIONS

You agree to indemnify, defend and hold harmless The Pharmacy Tree, its proprietor, employees, agents, partners, affiliates, and related parties, from any third party claim, demand, liability, damages and/or expenses (including legal fees), made against The Pharmacy Tree arising from your conduct or connection to this website/application and its services, your provision of content, or your breach of these Terms and Conditions.

INVALIDITY

In the event that any stipulation of these Terms and Conditions is deemed unenforceable or in conflict with legislation by a court of competent jurisdiction, the stipulation will be rectified and interpreted to reflect the original intentions of the parties in accordance with applicable law, and will not affect the remainder of these Terms and Conditions which will remain in full force and effect.

Any claim or cause in respect of this website/application or its services should be filed within one (1) year after such claim or cause arises, or the said claim or cause will be forever barred. In the event of any dispute between The Pharmacy Tree and you arising out of or in connection with your access to or use of this website/application or its services or contents, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time, then either party may submit such dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

The Pharmacy Tree's failure to insist upon strict performance of any stipulation of these Terms and Conditions (including but not limited to our Privacy Policy) will not be construed as an implicit waiver of any provision or right.

GOVERNING LAW

You agree that all matters, including resolution of any dispute related to your access to or use of this website/application or its services or contents, shall be governed by and construed in accordance with the laws of the Philippines, without regard to any principles of conflicts of law. You agree to the personal jurisdiction by and venue in the state and federal courts of the Philippines, and waive any objection to such jurisdiction or venue.

FEEDBACK

The Pharmacy Tree operates a complaints handling procedure that aims to resolve disputes when they first arise. Please contact us if you have any complaints or feedback.

Also, if you believe that your property has been used in any way that constitutes a violation of your intellectual property rights, or you feel that we are not abiding by our Privacy Policy, contact us immediately by:
      (a) Email: pharmacist@thepharmacytree.com
      (b) Telephone: (082) - 2961994
      (c) Fax:
      (d) Mail Address: 265 Circle A St. Phase 1, Ecoland Subdivision, Davao City, Philippines 8000