Terms and Conditions
General Terms and Conditions
§ 1 Scope
1. The following Terms and Conditions apply to all Contracts for deliveries and services that we enter into with companies and legal entities under public law.
2. Our customers’ general or other terms and conditions will only be included in these Contracts subject to our express written confirmation and provided they do not deviate from our Terms and Conditions. Any agreements and declarations, in particular warranties, amendments and additions to the Contracts and ancillary agreements shall only be effective subject to our express written consent of the same.
§ 2 Conclusion of contract, delivery, transfer of risk
1. Contracts take effect upon receipt of an order, unless customers are notified otherwise by the end of the next working day. We may also accept offers to enter into a contract in part, in particular if our ability to produce our remedies is temporarily limited because of raw material shortages or production bottlenecks.
2. We notify pharmacies in advance in case of any partial deliveries.
3. The seller reserves the right to choose the transport route and delivery method.
4. Unless agreed otherwise, orders will be dispatched uninsured at the customer's risk. The risk passes to the customer as soon as the goods are handed over to the forwarding agent, carrier or other person or organisation designated to deliver the order.
§ 3 Prices, payment
1. The prices stated on the price list valid on the day an order is placed apply. The prices stated on our price list are unit prices.
2. Unless agreed otherwise in writing, our prices apply ex works.
3. Our invoices are payable within 14 days of the invoice date, net and without any deductions.
4. We grant a 1% discount for payments made within Germany using a SEPA direct debit mandate. If, in addition to the above, the order value exceeds Euro 50, we grant a 2% discount.
5. Customers must notify us in writing via fax or email of any changes to a SEPA direct debit mandate that need to be taken into account for the relevant month by the last working day of that month. In the event a direct debit payment fails for reasons within the customer's control, the bank charges incurred will be charged to the customer.
6. If a SEPA direct debit mandate is not used for 36 months, it automatically expires and hence so will the associated discount.
7. The delivery costs for orders delivered within Germany are €4.10 plus VAT. Orders with a value in excess of €100 are delivered for free within Germany.
8. Unless agreed otherwise in writing, the payment for orders delivered outside of Germany is due in advance. We do not offer a discount for orders delivered outside of Germany. Customers are responsible for covering the costs of international deliveries.
§ 4 Retention of title
1. We retain ownership of the goods until all claims arising from the business relationship with the customer have been fully settled.
§ 5 Complaints
1. To protect their rights, customers must check every individual delivery for recognisable defects, shortages or incorrect items immediately upon receipt.
2. Customers must notify us of faulty deliveries within 10 days of receipt. Failure to do so will result in the loss of the right to demand correction of the defect. When a defect has been properly reported, we shall be entitled and obliged to deliver a replacement.
3. In the event of hidden defects that were not recognisable upon delivery, the complaint period commences upon discovery of the defect.
§ 6 Returns
1. We only accept returns subject to prior agreement and if their postage has been paid in full. Postage may be refunded in certain cases.
§ 7 Recalls
1. Recalled products will be credited at 100% of their original purchase price.
§ 8 Applicable law, jurisdiction
1. The place of performance, payment and fulfilment for all of the obligations arising from the business relationship between us and our customers is Gütersloh.
2. The place of jurisdiction for all disputes, contractual or otherwise, between us and our customers is Gütersloh.
§ 9 Final provision
1. If any provisions of these Terms and Conditions are found to be or become partially or fully invalid, the remaining provisions shall remain in effect.
Version from: July 2018