The following conditions are the business basis for all transactions, including future ones. Deviating agreements must be in writing. We expressly contradict possible conditions of the customer. The acceptance takes place at the latest when our delivery is unconditionally accepted.
§ 1 wholesale license
We hereby confirm that you are the holder of a wholesale license in accordance with Section 52a (1) of the Law on Medicinal Products (Medicines Act - AMG).
§ 2 prices and terms of payment
§ 3 delivery date
Orders are generally processed immediately. If, in exceptional cases, the total quantity cannot be delivered immediately, we reserve the right to make partial deliveries. As a rule, our products are dispatched 1 to 2 working days after receipt of the order.
§ 4 Returns (Returns Policy-Hormosan March 2018 (PDF) )
Subject to the rights of the buyer in accordance with § 6, returns are only possible in accordance with our separate returns policy. We accept no liability for goods returned outside of these rules. We particularly reserve the right to refuse acceptance or to destroy these goods without replacement.
§ 5 warranty and liability
Our deliveries are to be checked immediately upon receipt. Open defects are to be reported to us immediately, but at the latest within 3 days. Failing this, the goods are considered approved. Hidden defects must be reported in writing immediately after discovery, by sending the delivery note / invoice. At our request, the buyer must send the defective goods to us. We will bear the shipping costs if the complaint is timely and justified. Otherwise the buyer bears the shipping costs. In the event of justified complaints, the customer can request a replacement delivery or withdraw from the contract if the supplementary performance fails.
§ 6 limitation
All claims of the customer against us, regardless of the legal reason, expire at the latest one year after delivery of the goods. Any mandatory legal regulations take precedence.
§ 7 retention of title
All goods delivered by us remain our property (reserved goods) until the buyer has fulfilled all of his obligations from the business relationship with us. In case of a current invoice, the retention of title serves as security for our respective balance claim, whereby the retention of title expires when the account is settled. This also applies if payments are made by the buyer on certain claims. Pledging or transferring the goods subject to retention of title to third parties is not permitted. If third parties access the goods subject to retention of title, the buyer will point out our ownership and will inform us immediately of third party access. As long as the buyer has not paid all of our claims from the business relationship in full, he assigns his existing and future claims from the resale of the goods to us as a precaution. We accept the assignment. After the assignment, the buyer is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the buyer does not properly meet his payment obligations and is in default. If the buyer is in arrears with the payment of a claim, the further claims are due immediately. The buyer has no right to own ownership towards us until all claims from the business relationship have been settled in full.
§ 8 compensation
§ 9 Place of performance, place of jurisdiction, applicable law
§ 10 Severability clause
Should any provision of these terms and conditions be void, the other parts will not be affected. In this case, the void provision is to be replaced by a regulation that corresponds to the intended purpose and is legally permissible.
§ 11 dispute settlement procedure
Hormosan Pharma GmbH is not willing and obliged to participate in dispute resolution proceedings before a consumer arbitration board.
However, the law on alternative dispute resolution in consumer matters requires that we still refer you to a consumer arbitration board responsible for you:
Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V.
Straßburger Str. 8