Legal Basis

General Terms and Conditions

of Nexopharm GmbH for the sale of pharmaceuticals and medical devices to pharmacies (B2B).
As of: December 2025

§ 1 Scope of Application

(1) These GTC apply to all contracts between Nexopharm GmbH ("Seller") and the customer ("Buyer") for the delivery of pharmacy-relevant goods.

(2) The Seller exclusively supplies pharmacies and authorized institutions (§ 47 AMG). The Buyer warrants their purchasing authorization.

(3) Deviating GTC of the Buyer shall not become part of the contract unless the Seller agrees in writing.

(4) These GTC also apply to all future transactions.

(1) Presentations in the online shop/catalog are non-binding invitations to place an order.

(2) Orders (electronic, MSV3, email) become binding only upon order confirmation or delivery.

(3) Rejection of orders is possible without giving reasons, particularly in case of doubts about authorization.

(4) Controlled Substances: BtMG and BtMVV additionally apply. Delivery only against proper BtM requisition form.

(1) Prices at the time of order apply plus statutory VAT.

(2) The provisions of the German Drug Price Regulation (AMPreisV) remain unaffected.

(3) Price adjustments reserved if more than 4 months pass between contract conclusion and delivery.

(2) Classification as existing customer after 3 proper orders.

(3) Invoices are sent electronically by email.

(4) In case of default: Interest at 9 percentage points above base rate.

(6) In case of creditworthiness doubts, prepayment or security deposit may be required.

(1) Free shipping from EUR 99.00 net order value. Below that, a flat rate according to the price list applies.

(3) Delivery to the specified address. Acceptance by authorized personnel must be ensured (especially for controlled substances).

(4) Risk passes upon handover to the carrier/freight forwarder.

(5) Partial deliveries are permitted; additional costs are borne by the Seller.

(1) Goods remain the property of the Seller until full payment.

(2) Resale in the ordinary course of business is permitted. Pledging is not.

(1) Inspection obligation immediately upon receipt. Obvious defects must be reported within 3 business days.

(2) Subsequent performance through repair or replacement delivery at the Seller's discretion.

(3) Warranty period is one year from delivery.

(1) Generally excluded: Due to GDP guidelines (quality assurance), the return of pharmaceuticals and controlled substances is excluded.

(2) Exceptions only for: Wrong delivery, quality defects upon delivery, or recall.

(3) Returns require prior written consent.

(4) For justified returns, the Seller bears the costs. Compliance with transport conditions is mandatory.

(1) Liability limited to intent and gross negligence.

(2) Exception: Injury to life, body, health, cardinal obligations, and product liability.

(3) For cardinal obligations, limited to typical, foreseeable damage.

§ 10 Confidentiality: Price conditions are to be treated confidentially.

§ 11 Data Protection: Processing for contract execution according to privacy policy.

§ 12 Jurisdiction: Düsseldorf. German law applies (no CISG).