GTC (English)

General Terms and Conditions (GTC)

PHARMATRANS INC.

– hereinafter referred to as “PHARMATRANS”

SCOPE OF APPLICATION OF THESE GTC

The business relations between PHARMATRANS and the orderer shall be governed exclusively by the following General Terms and Conditions, as amended at the time of placing the order, unless other General Terms and Conditions of PHARMATRANS are applicable. These GTC shall also apply to any future transactions. PHARMATRANS does not recognize any deviating terms of the orderer, unless PHARMATRANS has given its express written approval to such terms being applicable. Deviating oral agreements shall have no effect at all in transactions between traders, and where the European Consumer Protection Act is applicable, they shall be effective only within the scope of § 10 of the said Act.

CONCLUSION OF CONTRACT

A contract between PHARMATRANS and the orderer is made by the orderer placing an order and PHARMATRANS accepting such order. PHARMATRANS accepts the order of the orderer by sending an order confirmation to the orderer or by performance of the order.

The decision to accept an order is at the sole discretion of PHARMATRANS. PHARMATRANS is therefore entitled to refuse acceptance of an order at any time without giving reasons.

The following shall apply in respect of distance selling transactions and e-commerce transactions:

The orderer is hereby advised that material information about PHARMATRANS is provided on the Internet. To the extent that the information referred to in the national consumer protection provisions is not shown directly in connection with the offers, such information can be downloaded from the website www.pharmatrans.com in a form that can be stored. In case of consumer transactions, PHARMATRANS shall, in addition to the information published on the Web, in good time during the performance of the contract, but at the latest at the time of delivery, provide written confirmation of the information referred to in sec. 5c of the Consumer Protection Act unless such information has already been given to the consumer in writing upon the conclusion of the contract. Confirmation provided on a durable medium available and accessible to the consumer shall be equivalent to written confirmation. Likewise, information about the address of the PHARMATRANS department in charge of handling notices of defects and complaints as well as information about after-sales service and the applicable terms and conditions of guarantee (according to the national consumer protection provisions as applicable from time to time) shall be supplied at the said time.

DETAILS OF PERFORMANCE

Unless otherwise agreed by PHARMATRANS and the orderer, orders shall be executed immediately or, upon express agreement, at a later date. Any rejection of an order or impossibility of performance shall be communicated without delay; payments received, if any, shall be reimbursed.

Shipments excluded from transport

The recipient shall be held liable for the shipment being suitable for transport; the recipient acknowledges and agrees that a shipment shall be excluded from transport if

  • it is classified as risk material or dangerous, prohibited or restricted goods by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), a competent authority or any other competent organization;
  • no customs declaration is made although such declaration is required under the customs provisions applicable from time to time, or if
  • its transport would violate an export or import ban (which may be based on European, foreign, international foreign-exchange provisions or other regulations) or PHARMATRANS cannot transport the contents for safety reasons or reasons of law. The list of items excluded from transport includes, but is not limited to: animals, gold and silver bars, cash, bearer negotiable instruments, precious metals and gems, firearms, parts of firearms and ammunition, human remains, body parts or organs, pornographic material and illegal narcotics/drugs.

Circumstances outside our control

PHARMATRANS shall not be liable for damage or losses arising out of circumstances which are outside the control of PHARMATRANS. This includes, without limitation:

.) “Force majeure” – e.g. earthquake, hurricane, cyclone, storm, storm tide, fog, war, airplane crash or embargo,

.) Defects or the natural quality of the shipment, even if PHARMATRANS was aware thereof at the time of taking over the shipment,

.) Turmoil or civil war,

.) Actions or omissions of a person who is not employed with PHARMATRANS nor was commissioned by PHARMATRANS, e.g. sender, recipient, third parties, customs officials or other officers of other governmental bodies,

.) Strike and electrical or magnetical damage to, or deletion of, electronical or photographic pictures, data or records.

TERMS OF PAYMENT AND SHIPPING COSTS

The orderer has the option to pay in advance or by credit card.

All prices are final prices in euros (EUR), including any applicable taxes and charges. The prices valid at the time of ordering shall be applicable.

Immediately before dispatch, the purchase price will be debited from the credit card designated by the customer.

All offers provided by PHARMATRANS shall be without engagement in respect of the price and the delivery option.

The place of performance for the services of PHARMATRANS shall be the pharmacy filling the medical prescription or the storehouse used for dispatch. The place of payment shall be The Hague, The Netherlands.

The orderer may declare to set off his or her claim against the claims of PHARMATRANS only if the claim is undisputed or has been established by an unappealable decision.

PHARMATRANS reserves the unlimited right to assign its claims to third parties.

In the event of a rescission of the sale and purchase agreement on the dispatched goods, PHARMATRANS shall reverse the corresponding debit from the credit card designated by the customer or transfer to an account designated by the customer any payments that have already been made and subject to the arrangement with the dispatcher shall take over the goods for their return transport as individually agreed.

MODALITIES OF DELIVERY

In case of impossibility of delivery or a substantial aggravation of the delivery process due to no-fault events for which PHARMATRANS is not responsible, including without limitation strike, war, roadblocks ordered by authorities etc., PHARMATRANS shall have the right to withdraw from the contract or, at its own option, postpone delivery until the impediments have been eliminated. In such a case, the buyers shall have the right to waive performance of the outstanding part deliveries and to not pay for them.

Customs, exports and imports

In rendering its services, PHARMATRANS shall be entitled, but not obligated, to perform in particular, but not exclusively, all or any of the following acts in the name and at the risk of the sender:

1. fill in all documents, supplement or correct designations of goods or services as well as pay any and all fees and charges required under such laws and other regulations as may be applicable from time to time,

2. for the purposes of customs and export control and for the account and at the risk of the sender, act as forwarder or declarant, but as recipient only for the purpose of specifying a forwarder or customs agent who shall perform customs clearance and import, and

3. deliver the shipment to the forwarder specified by the recipient or, upon request by any other person that PHARMATRANS, in its justifiable opinion, regards as authorized thereto, also to any other address.

Delivery/Non-delivery

Shipments cannot be sent or delivered to P.O. boxes or zip codes. Shipments will be delivered to the address specified as the recipient’s address by the sender, but not necessarily to the recipient personally. Shipments to addresses with a central reception area will be delivered to that area. In the case that the recipient refuses acceptance or the payment of costs upon acceptance or the shipment is excluded from transport or undervalued for customs reasons, or that the recipient cannot be reasonably located, PHARMATRANS shall be entitled to release the shipment, to dispose thereof or to sell it. The revenue generated in case of a possible alienation, less any billable service charges and other administrative costs, shall be credited to the party ordering; the party ordering shall be liable for the outstanding residual claim, if any.

Examination

PHARMATRANS shall be entitled to open and examine any shipment without prior notification of the sender.

Compensation for the shipment and invoicing

As a rule, the compensation payable for the shipment is calculated by PHARMATRANS on a lump-sum basis.

If, due to separate agreement, the compensation, by way of exception, is not calculated on a lump-sum basis but by weight, pieces or similar measures, the recipient shall be liable to PHARMATRANS not only for the agreed compensation payable for transport but, in addition, also for any and all transport costs, storage costs, customs duties and charges accruing for the transport performed by PHARMATRANS or incurred by PHARMATRANS in the interest of the recipient or of any other person, as well as for indemnifying and/or reimbursing PHARMATRANS in respect of any and all claims, losses, money fines and costs that may arise because the shipment is excluded from transport under these GTC.

Delayed delivery

Transit times indicated by PHARMATRANS do not constitute binding delivery deadlines but are average values based on experience, they are not guaranteed and do not form part of this contract. PHARMATRANS shall, therefore, not be liable for any damage or losses arising out of a delay, unless this exclusion of liability runs contrary to mandatory legal provisions applicable from time to time.

The liability of PHARMATRANS shall, in any case, be limited to damage caused by gross negligence or intent.

Warsaw Convention

If the shipment is transported by aircraft and carriage of the shipment ends or is interrupted in a country other than the country in which carriage started, the provisions of the Warsaw Convention may apply, regulating and, in most cases, limiting the liability of PHARMATRANS for losses or other damage.

Routing

PHARMATRANS shall be responsible for determining the route including any diversions and carriage over stopping places.

DATA PROTECTION

The orderer provides personal data necessary for the conclusion of the contract, which will be stored as necessary to handle the order but will not be passed on to third parties. Any and all personal data of the orderer will be treated as confidential and protected from unauthorized access. More about our privacy policy can be found here.

WARRANTY AND LIABILITY

Any liability on the part of PHARMATRANS shall be excluded, unless it results from intent or gross negligence. In the case that a material contractual obligation is breached, the liability of PHARMATRANS shall be limited to foreseeable damage typical of the contract.

Scope of liability of PHARMATRANS

PHARMATRANS deems the agreement with the customer inherently based on the fact that the liability of PHARMATRANS shall be limited, without exceptions and exclusively, to direct damage and to the maximum amounts of liability per kilogram/pound pursuant to this provision. Liability for damage or losses of any other kind (including but not limited to lost profit, interest, loss of revenue or future business opportunities), in particular for indirect, strictly personal or immaterial damage or losses, is excluded. PHARMATRANS shall not be liable for such damage or losses even if PHARMATRANS was made aware of the risk of such damage or loss before or after taking over shipment as special risks can be insured by the sender. If the goods are shipped by air and road or by air and/or several other means of transport, any possible damage will be assumed to have occurred during air carriage unless proven otherwise. The sender understands and agrees that control of the transport route is not guaranteed. Unless otherwise agreed in the provisions stated below, the liability of PHARMATRANS for every single shipment taken over by it shall be limited to the actual market value of the shipment and shall not exceed a maximum amount of USD 100.00, or, if these amounts are higher, of:

.) USD 20.00/kilogram or USD 9.07/pound for goods shipped by air or any other means of transport, with the exception of road transport,

.) USD 10.00/kilogram or USD 4.54/pound for goods shipped exclusively by road transport (this is not applicable for the U.S., though).

Only one claim can be asserted for each shipment, and with the satisfaction of such claim any and all claims concerning losses or other damage in connection with the respective shipment, of whatever kind and based on whatever legal grounds, will be deemed finally and completely satisfied. Should the sender regard these limits of liability as insufficient, the sender has to declare a higher value of the goods expressly and in writing and either request that transport insurance be taken out or ensure itself that corresponding insurance coverage is provided; otherwise, the sender shall bear all risks of losses and other damage of any kind if the loss or damage exceeds the maximum amounts of liability.

Deadlines for claims for damage

Any and all claims shall be submitted to PHARMATRANS in writing within a period of 30 (thirty) days from the date of acceptance of the shipment. If the deadline is not met, any and all claims vis-à-vis PHARMATRANS shall cease to exist, unless this runs contrary to mandatory legal provisions applicable from time to time.

Sender’s guarantee and indemnity

The sender shall indemnify and hold PHARMATRANS harmless in respect of any and all losses or damage arising from non-compliance, by the sender or any persons for whom the sender is responsible, with the legal requirements and provisions applicable from time to time, as well as in respect of even just one of the following guarantees assumed by the sender vis-à-vis PHARMATRANS being violated or not being met:

  • Any and all information provided by the sender or the sender’s agent is complete and correct;
  • The shipment was prepared by employees of the sender on secured premises;
  • The sender employed only reliable staff in preparing the shipment;
  • The sender protected the shipment against interference by unauthorized persons during preparation, storage and transport to PHARMATRANS;
  • Labeling, address details, packaging and stowage arrangements of and for the shipment are sufficient to ensure safe transport and handling carried out with customary care
  • Any and all customs, import, export and other legal requirements and provisions have been complied with;
  • The bill of lading was signed by an agent of the sender authorized to do so and these General Terms and Conditions represent obligations of the sender that are binding and enforceable.

MODIFICATIONS OF THESE GTC

PHARMATRANS reserves the right to modify these General Terms and Conditions at any time observing an adequate notification period of at least two weeks. Notification will be made by publishing the modified General Terms and Conditions on the Internet at www.pharmatrans.com stating the effective date.

If the customer does not object within two weeks from the publication, the modified General Terms and Conditions will be deemed accepted.

In the case that the customer objects to the modified General Terms and Conditions within the said period, PHARMATRANS shall be entitled to terminate the existing contract with the customer as of the effective date of the modification. The respective customer content shall then be deleted from the database. The customer shall not be entitled to raise any claims vis-à-vis PHARMATRANS on the grounds thereof.

PLACE OF JURISDICTION AND APPLICABLE LAW

The competent court having jurisdiction over The Hague, The Netherlands is deemed to have local jurisdiction of any and all disputes. In derogation from the aforesaid, disputes about consumer transactions shall be resolved at the place of jurisdiction relevant to such cases according to the Consumer Protection Act as valid at the time of the conclusion of the contract. If this allows for several possible venues, the one located closest to The Hague, The Netherlands, shall be deemed to have been agreed upon.

The entire contract shall be governed by the laws of The Netherlands irrespective of whether it is a consumer transaction or a commercial transaction.

In case individual provisions hereof are ineffective, the validity of the remaining terms and conditions shall remain unaffected. The ineffective provision shall be replaced by a valid provision which comes closest to the legal and economic intent and purpose of the invalid provision.