General Terms and Conditions (GTC)

1. General information  

Our General Terms and Conditions of Sale shall apply exclusively. The buyer’s general terms and conditions shall apply only insofar as we have expressly agreed to them in writing. The General Terms and Conditions of Sale apply solely to companies and traders, not to consumers.

2. Offers and orders

Our offers shall be non-binding. Orders and delivery dates shall become legally binding only upon our written confirmation, invoicing, or delivery.

3. Complaints

Obvious defects must be reported in writing within 8 days of receipt of the goods; hidden defects must be reported without undue delay after their discovery. If such a report is not made, or not made in a timely fashion, the goods shall be deemed accepted regarding such defects. Claims for compensation due to transport-related loss, destruction, or damage of the goods must be asserted by the buyer directly against the carrier.

4. Data collection

We process data arising and collected in the context of the contractual relationship in compliance with the GDPR and in accordance with our Data Privacy Policy.

5. Retention of title

The delivered goods shall remain our property until full payment of all our claims against the buyer, including those arising from previous or future deliveries, has been made.

We shall be entitled to demand the return of the goods subject to retention of title from the buyer without granting a grace period and without rescinding the contract if the buyer is in default of its obligations towards us. The buyer shall be obliged to store the goods subject to retention of title with due care and to insure them at its own expense against loss, damage, and destruction to the extent required by a prudent merchant. The buyer hereby assigns to us in advance its claims arising under such insurance contracts.

As long as the buyer duly fulfils its obligations towards us, it shall be entitled to dispose of the goods subject to retention of title in the ordinary course of business and to collect the proceeds of the resale. However, the buyer shall not be entitled to pledge the goods subject to retention of title, transfer them by way of security, or otherwise encumber them.

The buyer hereby assigns to us in advance all claims arising from the resale of the goods subject to retention of title to secure all claims to which we are entitled against the buyer under the business relationship.

If the buyer is in default of fulfilling its obligations towards us, it shall, upon our request, inform its customers of the assignment and provide us with all necessary information and documents.

In the event of attachment or other interventions by third parties in respect of the goods subject to retention of title, the buyer is obliged to object, referring to our retention of title, and to notify us in writing without undue delay of such attachment or other third-party interventions.

If the value of the securities to which we are entitled exceeds our claims against the buyer to be secured by more than 20%, we shall, upon the buyer’s request, release securities accordingly. The selection of securities to be released shall be at our discretion.

6. Fulfilment of delivery 

We shall also be entitled to make partial deliveries to a reasonable extent.

Events of force majeure, strikes, lockouts, shortages of raw materials and energy, unforeseen or unavoidable operational disruptions, transport disruptions, weather-related disruptions, civil unrest, war, and other circumstances beyond our control shall entitle us to postpone the performance of orders in whole or in part or to rescind the contract in whole or in part, without the buyer being entitled to claim damages.

The same shall apply if we are not supplied correctly, on time, or at all by our suppliers through no fault of our own.

7. Prices

Our prices shall generally apply ex works (Incoterms), plus statutory VAT. Invoicing shall be in euros at the prices applicable on the day of delivery. Pharmacy purchase and retail prices shall be determined based on the German Drug Price Regulation (Arzneimittelpreisverordnung – AMPreisV) applicable at the time.

8. Dispatch and transfer of risk 

Unless otherwise agreed in writing, dispatch (including packaging and shipping method) shall be arranged by us.

For orders with a net invoice amount of €350 or more, delivery shall be carriage paid and free of packaging charges. For orders below this threshold, dispatch and packaging costs may be invoiced separately to the buyer.

Upon the goods being made available for loading at our warehouse in Berlin/Constance, the risk shall pass to the buyer in respect of all deliveries – including carriage-paid and free domicile deliveries – unless otherwise agreed in writing.

9. Payments  

Payments shall be made within 14 days of invoicing without any deduction or within 10 days of invoicing with a 1.5% cash discount, unless otherwise agreed in writing.

10. Place of jurisdiction and place of performance 

Applicable law shall be German law, excluding its rules relating to conflicts of law. All disputes arising from the sale of our goods shall be brought before the competent court in Berlin. Unless otherwise agreed, our place of business shall be the place of performance.