Print GTB

General Terms of Business - Julphar Pharma GmbH

Our general terms of business apply for all contracts, deliveries and other services. Additional agreements and additions must be confirmed by us in writing and this shall also apply for the inclusion of any deviating business terms of the contractual partner or customer. Amendments to the general terms of business shall apply for the future subsequent to their announcement to the contractual partner or customer.

Our offers are without engagement. Subsequent to the placement of an order by the contractual partner, the contract shall be concluded by way of an order acknowledgement or delivery/despatch of the goods. Written orders or orders placed by telephone, e-mail or Internet shall not give rise to the conclusion of a contract. Any deviating terms agreed verbally shall only be valid should we confirm them in writing. Provided that the customer is not placing an initial order, the customer shall acknowledge the general terms of business of Julphar Pharma with each subsequent order. The quoted prices are EURO prices and valid ex works plus turnover tax and forwarding costs.

With regard to the determination of service, the current product descriptions respectively authoritative at the time of the performance of delivery or service shall apply. In the event of deviations in package size, weight and quality of the goods from the details stated on the order, we shall be entitled to deliver the goods in a state which best approximates the order. The same shall apply in the event of deviations between the prices quoted by our customer on the order and our price lists.

With regard to the terms of delivery and payment, please see the firm details contained on the order form. As a matter of course, delivery deadlines and delivery periods shall be without engagement but shall be observed if possible. Force majeure or other unforeseeable circumstances, such as strikes or lockouts, war, delays or non-arrival of supplies shall not give rise to default in delivery. In such cases, we shall be entitled to rescind the contract or to delay its fulfilment. We shall be entitled to deliver partial deliveries to a reasonable extent. Goods that are in store are usually despatched within 5 days at the latest (we shall not be liable for forwarding problems). In the event of delays in delivery in excess of 4 weeks, both parties shall be entitled to withdraw from the contract. Should the goods not be in stock when an order is placed, we shall do our utmost to ensure delivery as quickly as possible and, if possible, we shall inform the contractual partner of the scheduled delivery date without delay. In the event of the agreed delivery deadline being exceeded by more than four weeks or our inability to perform delivery, both parties shall be entitled to rescind the contract. The contractual partner may only demand damages in respect of delay or any other compensation should he be able to prove intent or gross negligence on our part.

First of all, the terms of payment stated on the order form of Julphar Pharma shall be valid. Unless anything to the contrary is stated, the prices shall include the statutory value added tax presently amounting to 16% or 7% (e.g. for food supplements). Should the value of the order be lower than EURO 50.00, we shall charge a pro rata sum for forwarding charges amounting to EURO 4.06 for postage and packing. Any modes of special consignment requested by the contractual partner shall be subject to a supplement in the amount of the actual expense incurred. As a matter of course, initial orders shall be delivered cash on delivery. We hereby reserve the right to deliver subsequent orders cash on delivery. The purchase price shall be due for payment immediately upon delivery without the deduction of cash discount and must be paid within five working days at the latest. In the event of default, we shall also have the right to enforce a claim to damages caused by default provided that such damages provably amount to more than 5% above the respective basic interest rate of the Deutschen Bundesbank. The customer shall also be entitled to prove that the damages incurred are lower.

We must be notified of complaints in respect of incomplete or incorrect delivery immediately upon receipt of the goods, within five working days in writing at the latest however. Upon failure to comply with this deadline, we shall be released from liability in respect of defects. Should the external packaging be noticeably damaged, the contents must be checked immediately in the presence of the delivering party to ensure the preservation of any insurance cover. In the event of justifiable complaints, we shall provide a credit note or substitute delivery at our discretion. Any compensation claims in excess of this are hereby excluded as are, in particular, any damage claims ensuing from improper handling, the influences of the weather and any consequential damages ensuing from the use of goods delivered by us. The goods about which a complaint is made must be returned to us with postage sufficiently prepaid and with a duplicate invoice. The right to guarantee shall also become invalid should the contractual partner alter the delivered goods. When meeting guarantee claims, we shall be entitled to exchange the goods either partially or in their entirety.

Products delivered to retailers may only be resold to final consumers. Reselling to retailers, wholesalers or purchasing groups shall not be admissible. Export by the contractual partner shall also be inadmissible.

The risk shall be transferred to the purchaser upon the despatch of the goods.

For legal transactions that a natural person concludes for purposes that can be assigned neither to his commercial nor his independent professional activities, we grant the statutory rights of redemption in mail order business. Such customers shall no longer be bound to their order when they return the goods at our expense and risk within a period of two weeks subsequent to delivery provided that the value of the goods exceeds EURO 40.00. Should the value of the goods be below EURO 40.00, the goods must be returned at the customer's own expense. Should the goods be unsuitable for packaged forwarding, an appropriate written request that the goods should be taken back must be submitted prior to the deadline without the need to state any grounds. Despatch of such notification in keeping with the deadline shall suffice as compliance with the deadline. There shall be no entitlement to right of redemption should the goods have been manufactured in keeping with customer specifications, should the goods have been clearly adapted to suit your personal requirements, should the goods be unsuitable for returning due to their nature or due to the fact that they spoil quickly or should the goods be out-dated.

The goods shall remain the property of Julphar Pharma until payment has been remitted in full. The purchaser shall be entitled to resell the goods in the due course of business provided that the claim ensuing from reselling is assigned to us. The contractual partner shall not be entitled to pledge the goods or assign them by way of security.

The data required to transact business shall be stored and processed by way of an EDP system. Of course, personal data shall be treated confidentially.

The place of fulfilment and jurisdiction for both parties shall be the location of the registered offices of Julphar Pharma in Eschwege, Germany. The law of the Federal Republic of Germany shall apply exclusively.

Should individual terms of this contract, including this term, be partially or completely invalid or should the contract contain a loophole, the validity of the other terms or parts of such terms shall remain uneffected. Instead of the invalid or missing terms, the legally admissible terms shall come into force that best approximate the economic intention.

Print GTB