General Terms and Conditions of Hormosan Pharma GmbH, 60314 Frankfurt am Main

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

  1. The unit prices for an original pack shown in our price list include bottles, packs and boxes.
  2. The invoice amount is payable without deduction up to 30 days after the invoice date. If payment is received within 8 days of the invoice date, we grant a 1.5% skonto on the final invoice amount.
  3. The prices are in euros, net, plus statutory sales tax. Discounts and skontos are only granted in individual cases.
  4. In the event of late payment, default interest will be charged at 8 percentage points above the respective base rate. We reserve the right to provide evidence of higher damage caused by delay.
  5. The customer's right of retention and set-off is excluded, unless the claims are undisputed or legally established.
  6. Our field staff are not authorized to accept payments.
  7. shipping
    Pharmacies
    Up to € 150 we charge a flat rate of € 7.95 per delivery. The transport risk is at our expense.
    Wholesale
    We charge a flat rate of € 7.95 per delivery. The transport risk is at your expense.

§ 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

  1. We are liable for claims for damages, regardless of the legal reason, in particular in the event of a breach of obligations from the contractual relationship and from unlawful acts, only in the following cases:
    1. with intent;
    2. in the event of injury to life, bodily injury and health;
    3. insofar as we have taken over the guarantee for the quality of a product, or the existence of a successful performance, or a procurement risk, as well as in the case of liability under the Product Liability Act or the mandatory provisions of the Medicinal Products Act;
    4. insofar as statutory provisions provide for no-fault liability in other cases;
    5. if, in the event of a breach of other obligations, the buyer § 241 paragraph 2 BGB our performance is no longer reasonable;
    6. in the case of grossly negligent breach of duty; and
    7. unless a liability according to (a) to (f) is already established, in the event of a breach of essential contractual obligations;
    otherwise our liability is excluded. "Essential contractual obligations" are those obligations that protect the contractual legal positions of the buyer, which the contract has to grant him according to its content and purpose; Also essential are such contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the buyer regularly trusts and can trust. We assume liability from the assumption of a procurement risk (c) only if we have expressly assumed the procurement risk as "assumption of the procurement risk" by written agreement. In the case of (d) to (g), we are only liable for typical and foreseeable damage. All exclusions and limitations of liability apply to the same extent with regard to the actions of our legal representatives, managerial and non-managerial employees and other vicarious agents and subcontractors.
  2. A reversal of the burden of proof is not associated with the above regulations.

§ 9 Place of performance, place of jurisdiction, applicable law

  1. The law of the Federal Republic of Germany applies expressly. Neither German international private law nor the Vienna UN Convention on Contracts for the International Sale of Goods apply.
  2. The place of jurisdiction for merchants is Frankfurt am Main. However, we are also entitled to sue at the customer's registered office.

§ 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
77694 Kehl

Internet: www.verbraucher-schlichter.de