General Terms and Conditions (GTC)

I. General provisions

1. Application area

1. These General Terms and Conditions (GTC) apply to all our sales to customers, both domestic and international. The GTC apply exclusively to entrepreneurs within the scope of Section 14 of the German Civil Code (Bürgerliches Gesetzbuch (BGB)). Conflicting or deviating terms and conditions of the Buyer shall not be recognised unless we have expressly agreed to them in individual cases.
2. The current version of our GTC can be accessed at any time on our website.
3. These GTC do not apply to consumers within the scope of Section 13 of the German Civil Code. Separate provisions apply to consumers.
   
   

2. Conclusion of contract

1. Our offers are subject to change and non-binding, unless they are expressly designated as binding.
2. A contract shall only come into existence through our written order confirmation or through the delivery of the goods.
3. Orders placed by the Buyer shall be deemed to be a binding offer. We accept such an offer only through an order confirmation or delivery.
   
   

3. Prices and payment

1. Our prices are net prices, not including the applicable statutory value added tax.
2. Payments are due within 14 days of invoicing without deduction, unless otherwise agreed.
3. In the event of late payment, we are entitled to charge interest on arrears at a rate of 9% above the base rate set by the European Central Bank in accordance with Section 288.2 of the German Civil Code.
   
   

4. Delivery and transfer of risk

1. Delivery periods are non-binding unless they are expressly designated as binding.
2. Delivery is ex works (EXW) Saarbrücken. The risk is transferred to the Buyer when the goods are made available for collection by the Buyer.
3. Unless otherwise agreed, despatch shall be at the risk and expense of the Buyer.
   
   

5. Minimum order value

For orders with a net value of less than EUR 100, additional processing fees may apply.

6. Reservation of title

The goods remain our property until full payment has been received. In the case of a current account, the reserved goods are used as security for our balance claims.

7. Returns

1. The return of faultless goods is generally excluded. In exceptional cases and with prior authorisation, returns may be possible.
2. Separate take-back conditions apply for chilled goods or special medicinal products.
   
   

8. Special conditions for chilled goods

1. Chilled goods are delivered in accordance with GDP (Good Distribution Practice) guidelines. Compliance with the cold chain during transport must be guaranteed.
2. Chilled goods require special, temperature-controlled packaging and transport, which may incur additional costs.
3. The return of chilled goods is generally excluded unless the Buyer can prove that the cold chain has been maintained without interruption.
4. As soon as the goods have been handed over to the forwarding agent or carrier, the Buyer bears the risk of maintaining the cold chain.
   
   

9. Right of revocation

The transactions offered by us are contracts with entrepreneurs within the scope of Section 14 of the German Civil Code. A right of revocation, to which consumers are entitled in accordance with Section 355 of the German Civil Code, is therefore excluded. Our products, in particular medicinal products, are excluded from any returns or the right of revocation, unless a separate contractual agreement has been made.

10.  Liability

1. We are liable without limitation for intent and gross negligence. In the event of slight negligence, we shall only be liable for damages resulting from injury to life, limb or health.
2. We shall only be liable for other damages in the event of a breach of essential contractual obligations (cardinal obligations) and only up to the amount of the foreseeable damage typical for the contract.
3. Any further liability is excluded, unless mandatory statutory provisions prescribe further liability.
   
   

11.  Warranty

Defects must be reported to us immediately, but at the latest within 3 days of receipt of the goods. Hidden defects must also be reported immediately after their discovery.

12.  Data protection

We process personal data in accordance with the General Data Protection Regulation (GDPR). The customer has the right to information, correction, deletion or restriction of the processing of their data at any time. The privacy policy can be viewed at any time on our website.

13.  Final provisions

1. The place of fulfilment for all obligations arising from the contractual relationship is our registered office.
2. The place of jurisdiction for all disputes arising from or in connection with the contract is our place of business, provided the buyer is a merchant.
3. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
4. Should any provision of these GTC be invalid, the validity of the remaining provisions shall not be affected.
   
   

II. Additional GTC for the procurement of foreign medicinal products (Section 73 III of the German Medicinal products Act (Arzneimittelgesetz (AMG)))

1. On behalf of the pharmacist

We fulfil orders from pharmacies to procure medicinal products from abroad in accordance with Section 73 (3) of the German Medicinal products Act in the name of, for the account of and as an agent of the pharmacist. This also applies if the order has been placed with a pharmaceutical wholesaler and the wholesaler has forwarded it to us.

2. Information without obligation

Information about a medicinal product (e.g. availability, price, composition, effect) is non-binding. This also applies to information on whether a substitute drug with the same active ingredient is authorised in Germany.

3. Authorisation of the customer

If we receive an order for goods whose delivery or use is subject to statutory regulations, the order shall be deemed to be a declaration that the Buyer is authorised to purchase the goods and that it will use them in accordance with the applicable regulations.

4. Price adjustment

a. Authorisation to adjust prices
We shall be entitled to adjust the agreed price appropriately if, after conclusion of the contract, legal framework conditions, in particular with regard to import regulations pursuant to Section 73 (3) of the German Medicinal Products Act, change significantly or if the purchase price of the medicinal product increases significantly due to changes in the regulations of the country of delivery or the manufacturer’s pricing policy. Permissible reasons for adjustment also include exchange rate fluctuations that have a significant impact on import costs.

b. Limitation of the price increase
A price adjustment is only permitted to the extent necessary to compensate for the increased costs. The price adjustment shall be limited to the specific cost increase attributable to changes in the country of delivery or to exchange rate fluctuations.

c. Duty to inform and right of withdrawal
We will inform the Buyer immediately of the intended price adjustment and the reasons for it. If the price adjustment exceeds 10% of the originally agreed purchase price, the Buyer has the right to withdraw from the contract within two weeks of receipt of the notification. A withdrawal is excluded if the price adjustment is due to legal changes or unavoidable price adjustments by the manufacturer that affect pharmaceutical law.

5. No return

The return of faultless medicinal products is prohibited by law. If such goods are returned to us, the amount invoiced by us must still be paid. We will inform the customer that we will destroy the returned goods. We will issue a declaration of destruction on request.

6. Recalls

If a foreign manufacturer recalls a medicinal product that we have purchased on behalf of a pharmacy and have already delivered, we will inform the pharmacy of the revocation. They send the medicine back to us with postage paid and we forward it to the manufacturer. As soon as we have received remuneration or compensation from the manufacturer, we pay it to the pharmacy in full – after deducting our own share of the costs.