Terms and Conditions

I. THE PLATFORM AND THE TERMS 

  • These General Terms and Conditions (the “Terms”) govern access to and use of the Generika Store e-Store website, mobile application, and related online ordering services (collectively, the “Platform”), which are operated by ACTIMED, INC., the exclusive franchisor of the Generika Drugstore retail network (the “Vendor,” “We,” “Us,” or “Our”). 
  • Unless the checkout page clearly identifies another seller before payment, the Vendor is the seller of record for the Products. If a duly licensed affiliate, franchisee, or fulfillment pharmacy is identified as the seller, its legal name, business address, contact details, and applicable license information shall form part of the Order. The identified seller shall be responsible for the sale, invoicing, dispensing, and statutory remedies relating to the Products, while the Vendor remains responsible for its own obligations as Platform operator under applicable law. 
  • These Terms apply together with the Privacy Notice, Return and Refund Policy, Prescription Fulfillment Policy, promotional terms, and any other policy expressly presented before checkout. If there is a conflict, the Order Confirmation controls only as to the Products, quantities, price, delivery details, and other transaction-specific terms stated in it.  

II. ACCEPTANCE, ELIGIBILITY, AND ELECTRONIC TRANSACTIONS 

  • You accept these Terms by selecting the applicable acceptance box, creating an Account, using the Platform, or submitting an Order. If you do not agree, do not register, access the Platform, or place an Order. 
  • You must be at least eighteen (18) years old and capable of entering into a binding contract. A parent or legal guardian who permits a minor to access the Platform is responsible for the minor’s use, but the Vendor may refuse or cancel any transaction made by or for a minor when required for legal, safety, or regulatory reasons. 
  • You consent to the use of electronic records and communications for registration, Orders, payment, prescription validation, notices, receipts or invoices, delivery records, and other Platform transactions. Electronic records, timestamps, authentication logs, and Order Confirmations may be used to evidence the transaction, subject to proof of manifest error, fraud, or unauthorized access. 

III. DEFINITIONS 

  • “Account” means the individual user account registered on the Platform. “Customer” or “you” means the person who accesses the Platform, holds the Account, or submits an Order, and includes the patient or intended user where the context requires. 
  • “Order” means a request submitted through the Platform to purchase Products. “Confirmed Order” means the electronic confirmation expressly stating that the Order, or part of it, has been accepted for fulfillment. 
  • “Product” means any medicine, health product, medical device, personal care item, consumer good, or other item offered through the Platform. “Prescription Product” means a Product that may lawfully be dispensed only upon a valid prescription or after satisfaction of another regulatory requirement. 

IV. REGISTRATION AND ACCOUNT SECURITY 

  • You shall provide complete, accurate, and current information and shall promptly update any information that changes. We may require reasonable identity, contact, delivery, payment, discount-eligibility, or prescription verification before activating an Account, accepting an Order, or releasing a Product. 
  • You are responsible for maintaining the confidentiality of your username, password, one-time password, and other credentials. You shall not share, sell, transfer, or permit another person to use your Account, except that an authorized representative may assist you with a transaction when permitted by law and the Platform procedure. 
  • Actions completed through authenticated access to your Account may be treated as authorized until you notify us of actual or suspected unauthorized access and we have had a reasonable opportunity to secure the Account.  
  • Notify us immediately through support-estore@generika.com.ph if your credentials, mobile number, email address, payment instrument, or Account may have been compromised. We may temporarily lock the Account while investigating. 
  • We may reject duplicate, fictitious, automated, or fraudulently created Accounts and may require re-verification after prolonged inactivity, material changes to Account information, or a security event. 

V. PERMITTED USE OF THE PLATFORM 

  • We grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Platform for personal and lawful purchase of Products. No right or license is granted for resale, commercial exploitation, data extraction, or operation of a competing service. 

 You shall not: 

    1. use the Platform for fraud, unlawful activity, unauthorized resale, hoarding, or abusive purchasing; 
    2. submit a false, altered, expired, forged, duplicated, or unlawfully obtained prescription or identification document; 
    3. circumvent quantity, geographic, age, prescription, payment, promotional, discount, or security controls; 
    4. scrape, harvest, copy, interfere with, or introduce malicious code into the Platform; 
    5. impersonate another person, misrepresent authority, or use another person’s personal data or payment instrument without authority; or 
    6. use the Platform in any manner that may endanger a person or violate applicable law. 

We may impose reasonable quantity limits, purchase-frequency limits, geographic restrictions, or verification requirements to protect patients, preserve stock, prevent fraud or resale, comply with law, or ensure fair access. 

VI. PRODUCT LISTINGS AND MEDICAL INFORMATION 

  • The Platform may display Product photographs, name, brand, generic name, dosage form, strength, package size, basic description, price, availability, and other information reasonably necessary for an informed purchase. We shall use reasonable efforts to keep this information accurate and current. 
  • Product photographs are for identification and general reference. Packaging, labeling, color, or appearance may change due to manufacturer or regulatory updates, provided that the Product delivered corresponds in all material respects to the Product accepted in the Confirmed Order. 
  • Platform content is general product information only. It is not a diagnosis, prescription, medical advice, or a representation that a Product is suitable, safe, or effective for a particular person or condition. Consult a qualified physician or pharmacist when professional advice is required. Do not use the Platform for emergency medical needs. 
  • We may correct a manifest typographical, technical, catalogue, or pricing error before accepting an Order. If the error is discovered after payment, we shall notify you, cancel the affected item unless you agree to a lawful correction, and initiate the corresponding refund. 
  • Products placed in a cart or saved list are not reserved. Availability is confirmed only through a Confirmed Order. 

VII. PRESCRIPTION AND REGULATED PRODUCTS 

  • Online pharmacy services and the sale or dispensing of regulated Products shall be performed only through duly licensed establishments and qualified personnel, subject to applicable law, professional standards, and regulatory requirements. 
  • Where Prescription Products are offered, you must submit a complete, authentic, valid, and unaltered prescription and any information reasonably required to validate the prescription, identify the patient, prevent duplicate dispensing, and comply with recordkeeping obligations. Payment does not compel dispensing. 
  • The pharmacist may contact the prescriber, patient, or authorized representative to validate or clarify a prescription, and may refuse, limit, defer, or cancel dispensing when the prescription is invalid, incomplete, unclear, altered, inconsistent with legal or professional requirements, or presents a patient-safety concern. 
  • Dangerous drugs, controlled substances, prohibited products, and other Products not lawfully available for online sale shall not be offered or fulfilled through the Platform. If a listing appears by mistake, we may remove it and cancel any related Order. 
  • We shall not substitute a prescribed or selected Product without your prior consent and the approval or professional determination required by law. You may decline a proposed substitution. If no lawful or acceptable substitute is available, the affected item shall be cancelled and refunded. 
  • You are responsible for following the prescription, label, storage instructions, warnings, and professional advice provided with the Product.  

VIII. PRICES, STATUTORY DISCOUNTS, PROMOTIONS, AND CHARGES 

  • The applicable Product price is the price displayed at checkout and accepted in the Confirmed Order, subject to correction of a manifest error under these Terms. Prices are inclusive of value-added tax unless clearly stated otherwise. 
  • Delivery fees, service fees, payment-provider charges, and other transaction charges, if any, shall be disclosed before the customer submits the Order. The customer shall pay the total Order amount, including the applicable delivery fee, either through online payment at checkout or via Cash on Delivery (COD), as applicable. 
  • Where supported by the Platform, discounts and benefits required by law, including those for qualified senior citizens and persons with disability, shall be applied upon submission and verification of the documents and information required by law. We may deny, reverse, or recover an improperly claimed discount if the claim is fraudulent, unauthorized, or unsupported, without prejudice to legitimate claims made in good faith. 
  • Promotions, vouchers, loyalty points, and discretionary discounts are subject to their stated validity period, product coverage, quantity limits, minimum purchase, stock availability, redemption procedure, and other disclosed conditions. Unless expressly allowed, promotions and discounts may not be combined. 
  • Prices, availability, delivery fees, and promotions may change prospectively. A change shall not affect an accepted Order except where required by law, necessary to correct a manifest error, or agreed with you. 

IX. ORDERS, PAYMENT, AND ACCEPTANCE 

  • Before submitting an Order, you must review the Product, quantity, price, discounts, fees, billing information, delivery details, prescription information, and total amount. You are responsible for correcting errors before checkout. 
  • Checkout may be completed only after successful payment of the full amount shown, unless the Platform expressly offers another lawful payment arrangement. Successful payment constitutes submission of the Order for review but does not by itself constitute acceptance. 
  • An automated payment receipt, acknowledgment of submission, or temporary payment authorization is not an Order Confirmation unless it expressly states that the Order has been accepted. A binding sale arises only when we issue a Confirmed Order for the affected item. 
  • We may reject or cancel an Order, in whole or in part, for unavailable stock, manifest pricing or catalogue error, prescription or regulatory non-compliance, delivery limitations, quantity restrictions, suspected fraud, unauthorized payment, payment reversal, system error, safety concern, or another reasonable ground affecting lawful fulfillment. 
  • If a paid Order is rejected or cancelled before delivery, we shall initiate a refund for the affected amount through the original payment method or another method agreed with you. Bank, card network, electronic wallet, or payment-provider processing time is outside our control, provided that we timely initiate the refund. 
  • A failed, reversed, charged-back, or unauthorized payment is non-payment. We may withhold or stop fulfillment, suspend the Account, or recover the unpaid amount and reasonable direct collection costs. This does not prevent you from disputing a charge in good faith. 
  • The applicable sales invoice, receipt, or other transaction document shall be issued in accordance with applicable law using the billing details submitted before checkout. A copy of the applicable invoice or receipt shall be included with the delivered Order, and the transaction details shall also be reflected in your account on the Generika Drugstore (Orbit) Platform. You are responsible for verifying your billing details before placing the Order. 

X. ORDER CHANGES AND CANCELLATIONS 

  • You may request cancellation before a Confirmed Order is issued through the Generika Drugstore (Orbit) Platform. We shall use reasonable efforts to stop processing, but cancellation is effective only when confirmed through the Platform. 
  • After a Confirmed Order, a cancellation or modification is subject to the status of fulfillment, Product characteristics, and the Return and Refund Policy. We may deduct a reasonable, disclosed, and non-recoverable delivery, handling, or payment charge only when permitted by law and when the charge was caused by a cancellation attributable to you. 
  • A Prescription Product may be cancelled before dispensing or release, subject to verification of its status. Once a Product has been dispensed, sealed for patient-specific fulfillment, or released from controlled custody, discretionary cancellation or return may be refused where necessary to protect Product integrity or comply with law. 
  • Our cancellation of an affected item does not automatically cancel the rest of the Order unless partial fulfillment is not reasonably possible or you have instructed that the Order must be fulfilled only in full. 

XI. FULFILLMENT AND DELIVERY 

  • Orders shall be fulfilled by the establishment identified in the Confirmed Order. For FDA-regulated Products, the relevant licensed establishment and its license details shall be made available through the Platform. 
  • Delivery dates and times are estimates unless expressly guaranteed. We shall use reasonable efforts to meet the estimate and notify you of a material delay when practicable. Weather, traffic, public emergencies, government restrictions, and courier capacity may affect delivery. 
  • You must provide a complete and accessible delivery address, current contact number, and any lawful delivery instructions. For Prescription Products, age-restricted Products, statutory discounts, or other regulated transactions, delivery may be limited to the named patient, purchaser, or authorized representative upon presentation of the required identification or authorization. 
  • Delivery may be evidenced by a signature, recipient name, delivery photograph, electronic acknowledgment, or other customary proof. We shall process such information in accordance with the Privacy Notice. 
  • Risk of loss passes to the Customer upon successful delivery of the Order to the correct delivery address and receipt by the Customer or an authorized or reasonably apparent recipient. 
  • If delivery fails because of an incorrect address, unavailable recipient, access restriction, refusal without valid cause, lack of required identification, or another circumstance attributable to you, we may charge a reasonable and disclosed redelivery, return, or handling cost. We shall not release regulated Products when legal or safety requirements are not met. 

XII. INSPECTION, RETURNS, REPLACEMENTS, AND REFUNDS 

  • Inspect the Order promptly upon delivery. To facilitate investigation, report any visible shortage, wrong item, delivery damage, tampering, or apparent defect within twenty-four (24) hours after receiving the Order by emailing support-estore@generika.com.ph, together with the Order number, photographs, and any other reasonable supporting information.  
  • Subject to verification, you may obtain replacement, refund, or other remedy required by law for a Product that is defective, unsafe, expired upon delivery, damaged before delivery, incorrectly supplied or subject to a valid recall. 
  • When replacement or refund is granted, we may require return of the original Product within a reasonable period and without cost to you, unless return is unsafe, unlawful, impracticable, unnecessary, or otherwise agreed. You shall preserve the Product, packaging, batch or lot information, and proof of purchase when reasonably possible. 
  • These Terms do not create a general right to return a conforming Product solely because you changed your mind, over-ordered, selected the wrong item, or no longer need it. Any voluntary change-of-mind return is governed by the Return and Refund Policy.  
  • For safety and integrity reasons, we may refuse a discretionary return of medicine, temperature-sensitive goods, personal care or hygiene goods, or sealed goods once opened, tampered with, or otherwise released from controlled custody.  
  • We may deny a return or refund claim that is fraudulent, materially incomplete, unsupported after reasonable verification, or attributable to improper use, storage, alteration, contamination, or damage occurring after delivery.  

XIII. PRODUCT WARRANTIES, SAFETY NOTICES, AND RECALLS 

  • To the fullest extent permitted by law, Product warranty obligations are limited to any express warranty specifically issued by the Vendor or identified seller and any applicable manufacturer warranty that may be assigned, passed through, or enforced for your benefit 
  • No warranty guarantees a particular medical, therapeutic, cosmetic, or personal outcome. Product effectiveness and suitability may depend on individual conditions, correct use, storage, adherence, and professional advice. 
  • If we become aware of a recall, safety notice, market withdrawal, or regulatory action affecting a Product supplied to you, we may contact you using your Account or transaction details. You shall stop using the affected Product when instructed, isolate it when appropriate, and follow the return, replacement, refund, or disposal instructions. 

XIV. PLATFORM AVAILABILITY, MAINTENANCE, AND FUNCTIONAL CHANGES 

  • We shall use commercially reasonable efforts to maintain the Platform, process Orders, provide transaction information, and offer reasonable customer and technical support. 
  • The Platform may be unavailable due to scheduled or emergency maintenance, power interruption, or another circumstance beyond reasonable control. We do not warrant uninterrupted, instantaneous, or error-free operation. 
  • We may modify, replace, suspend, or discontinue a Platform feature, interface, payment channel, delivery option or operational process for legal compliance, security, service improvement, continuity, or business reasons. A change shall not reduce an accepted Order. 

XV. PRIVACY, PRESCRIPTION DATA, AND COMMUNICATIONS 

  • We process personal data in accordance with the Data Privacy Act of 2012, its implementing rules, applicable issuances, and our Privacy Notice available at https://www.generika.com.ph/privacy-policy/. The Privacy Notice describes the data collected, purposes and lawful bases of processing, recipients, retention, safeguards, data-subject rights, and contact details of the data protection officer. 
  • Account, payment, billing, delivery, customer-service, and transaction data may be processed to operate the Platform, authenticate users, prevent fraud, fulfill Orders, issue transaction documents, provide support, comply with law, and protect persons and systems. 
  • A prescription and related information may reveal health information and other sensitive personal information. Where Prescription Products are offered, we shall process such data only for specified and lawful purposes, including prescription validation, dispensing, patient safety, professional review, recordkeeping, regulatory compliance, and handling of a related complaint or recall. 
  • We may share the minimum necessary information with the identified seller, fulfillment pharmacy, pharmacist, prescriber when validation is reasonably required, payment provider, courier, hosting or technology provider, or other recipient identified in the Privacy Notice.  
  • Operational communications concerning Account security, prescription validation, Order status, payment, delivery, recall, or these Terms are not marketing and may be sent through the Platform, email, telephone, or push notification. You are responsible for keeping your contact information current. 
  • Marketing communications shall be sent only on an applicable lawful basis and subject to the choices described in the Privacy Notice.  

XVI. INTELLECTUAL PROPERTY, REVIEWS, AND FEEDBACK 

  • The Platform, software, interface, database, documentation, photographs, text, graphics, trademarks, and other content are owned by or licensed to us and are protected by applicable intellectual property laws. Except for the limited right to use the Platform under these Terms, no ownership or license is transferred to you. 
  • If the Platform allows ratings, reviews, questions, photographs, or other submissions, you retain ownership of your original content but grant us a non-exclusive, worldwide, royalty-free license to host, reproduce, display, moderate, and use it for Platform operation and lawful business purposes. You represent that your submission is truthful, lawful, relevant, and does not infringe another person’s rights or disclose another person’s health or personal information without authority. 
  • We may remove or restrict content that is unlawful, fraudulent, abusive, misleading, irrelevant, infringing, unsafe, or inconsistent with these Terms. We shall not suppress a genuine negative review merely because it is unfavorable. 
  • Suggestions and feedback voluntarily provided about the Platform may be used without restriction or compensation, provided that we do not publicly identify you or disclose your personal or confidential information without a lawful basis. 

XVII. THIRD-PARTY SERVICES 

  • We may engage duly qualified providers for payment processing, hosting, logistics, and security. Their services may be subject to separate terms presented when you use them. 
  • We are responsible for selecting and instructing providers engaged by us with reasonable care and for obligations that applicable law does not permit us to transfer. We are not responsible for a separate third-party service that you independently choose or access outside the Platform. 

XVIII. SUSPENSION, RESTRICTION, AND ACCOUNT CLOSURE 

  • We may immediately suspend an Account, Order, payment, or Platform access when reasonably necessary to address suspected fraud, credential compromise, cybersecurity threat, unlawful activity, material breach, or regulatory risk. 
  • When practicable and lawful, we shall provide the general reason and a reasonable opportunity to verify the Account or remedy the issue. We may maintain the restriction while the underlying risk remains unresolved. 
  • You may request Account closure by emailing support-estore@generika.com.ph. Closure does not cancel an accepted Order, pending return or refund, recall obligation, payment obligation, investigation, or record-retention requirement. 
  • We may close an Account after reasonable notice for prolonged inactivity, discontinuation of the Platform, repeated breach, or another legitimate business reason. Immediate closure is permitted for fraud, unlawful activity, serious safety or security risk, or a breach that cannot reasonably be cured. 

XIX. DISCLAIMERS 

  • To the fullest extent permitted by law, and except for warranties expressly provided under these Terms or which cannot lawfully be excluded or limited, the Platform and related services are provided on an “as is” and “as available” basis. 
  • We do not warrant that the Platform will always be available, uninterrupted, error-free, compatible with every device, or free from delays, vulnerabilities, or technical issues. We shall, nevertheless, maintain reasonable and appropriate security and operational measures required by law. 
  • We do not warrant that Platform content or a Product will replace professional medical advice, diagnosis, treatment, or monitoring, or that use of a Product will produce a particular outcome. 

XX. LIMITATION OF LIABILITY 

  • To the fullest extent permitted by law, we shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential loss, or for loss of profit, opportunity, goodwill, or anticipated savings, arising solely from use of the Platform or a Confirmed Order.  
  • Subject to the exceptions below, our aggregate liability for a claim relating solely to a particular Order shall not exceed the amount paid for the affected Order. This limitation is intended to allocate ordinary commercial risk and shall be applied only to the extent lawful and not unconscionable. 
  • We are not liable for loss caused solely by your unlawful conduct, inaccurate information, improper Product use or storage after delivery, unauthorized Account access not attributable to us, or a third-party service independently chosen by you. Where loss has multiple causes, liability shall be allocated according to each party’s proven responsibility. 

XXI. CUSTOMER RESPONSIBILITY FOR MISUSE 

  • You are responsible for direct loss, cost, or third-party claim arising from your fraudulent or unlawful use of the Platform, intentional submission of false documents or prescriptions, unauthorized resale or diversion of Products, infringement of another person’s rights, or willful material breach of these Terms. 
  • To the extent permitted by law, you shall indemnify the Vendor and identified seller against such third-party claim, provided that you receive prompt notice and a reasonable opportunity to participate in the defense. This obligation does not apply to the extent the claim was caused or aggravated by our breach, negligence, or unlawful act. 

XXII. FORCE MAJEURE 

  • Neither party shall be liable for delay or failure caused by an event beyond reasonable control, including natural disaster, epidemic or pandemic, fire, flood, war, civil disturbance, government action, transportation interruption, widespread power or telecommunications failure, cyberattack despite reasonable safeguards, or failure of critical third-party infrastructure. 
  • The affected party shall use reasonable efforts to mitigate the effect and resume performance when reasonably possible. We may cancel an affected Order and refund the undelivered amount when lawful fulfillment is no longer reasonably possible. Payment for Products already delivered is not excused. 

XXIII. CHANGES TO THESE TERMS 

  • We may amend these Terms prospectively for changes in law, regulation, Platform features, security, operations, or legitimate business requirements. The updated Terms shall state their effective date and be made available through the Platform. 
  • For a material change that adversely affects users, we shall provide reasonable notice through the Platform or registered contact details when practicable. A change necessary for urgent legal compliance, fraud prevention, cybersecurity, or safety may take effect immediately. 
  • Continued use after the effective date constitutes acceptance of the updated Terms. If you do not agree, stop using the Platform and request Account closure. The version in effect when an Order is confirmed governs that Order, unless mandatory law requires otherwise. 

XIV. COMPLAINTS, GOVERNING LAW, AND DISPUTE RESOLUTION 

  • For an Order, Product, payment, delivery, privacy, or Platform concern, contact support-estore@generika.com.ph and provide the information reasonably necessary to investigate. We shall maintain an accessible internal redress process and respond within the period required by law or, if none is specified, within a reasonable period. 
  • The parties shall attempt in good faith to resolve a dispute through customer care and, if necessary, escalation to Generika Drugstore Digital Team. Internal escalation does not prevent you from seeking urgent relief or exercising a right that cannot be conditioned on prior negotiation. 
  • These Terms and Orders are governed by the laws of the Republic of the Philippines. Subject to mandatory consumer law and applicable rules on venue, any judicial action shall be exclusively filed in the proper courts of Paranaque City. 

XV. MISCELLANEOUS 

  • These Terms and the policies incorporated by reference constitute the agreement concerning your use of the Platform and Orders, without excluding representations, warranties, disclosures, or rights that applicable law treats as part of the transaction. 
  • You may not assign or transfer your Account or rights under these Terms without our prior written consent. We may assign the Platform or these Terms to an affiliate or successor that assumes the applicable obligations, subject to prior notice when required by law. 
  • Headings are for convenience only. The words “including” and “includes” mean “including without limitation.” A reference to law includes its amendments and implementing rules. The singular includes the plural where the context permits. 
  • Provisions that by their nature should survive Account closure or termination, including those on completed Orders, payment, returns, refunds, recalls, privacy, intellectual property, liability, records, and disputes, shall remain effective.