+WPharma GmbH is a company that deals with the promotion and/or distribution of pharmaceuticals, medical devices and dietary supplements.
- SCOPE OF APPLICATION
The following conditions apply to all deliveries and services of +WPharma GmbH (hereinafter referred to as +WPharma), even if they are carried out in the name or on the account of a third party, to the exclusion of any terms and conditions of the client. Changes and/or deviations from this are only binding if they have been expressly acknowledged in writing by +WPharma.Placing an order is also considered a declaration of consent to these terms of delivery and payment. Other and / or deviating terms and conditions require written confirmation by +WPharma.
- ORDERS/CONTRACT CONCLUSION
3.1. Declarations on behalf of +WPharma are only legally binding if they are made by authorized representatives (managing directors).
3.2. The receipt and execution of orders is non-binding, subject to availability. All orders must be in writing.
3.3. The information contained in catalogues, brochures and the like are only relevant if they are expressly confirmed in the order.
3.4. Changes and additions to orders require written confirmation to be valid.
4.1. +WPharma invoices pharmaceutical wholesalers and institutional pharmacies the depot or ex works price (DAP/FAP), public pharmacies the pharmacy acquisition price (AEP). The prices do not include sales tax and any ancillary services. Any deviation from this must be made in writing.
4.2. Unless otherwise agreed in writing, the prices apply ex works or ex warehouse excluding loading, insurance and VAT. If delivery with delivery is agreed, the prices do not include unloading and contracts.
4.3. The term of payment is promptly upon receipt of the invoice
4.4. +WPharma is entitled to charge additional costs due to a delay in clarifying the technical or legal requirements for the delivery for which +WPharma is not responsible or as a result of overtime, night work or Sunday work requested by the customer.
4.5. +WPharma will charge interest on arrears at a rate of 10% above the statutory base rate; this without prejudice to any higher claims for damages.
- DELIVERY AND PASSING OF RISK
5.1. Unless otherwise agreed, all deliveries are made from the warehouse of Scan Cargo, Int. Speditionsservice GmbH, Hafen Albern, 1. Molostrasse, 1113 Vienna and at the risk of the recipient. The customer or the forwarder commissioned by him is liable for compliance with the applicable storage and transport regulations.
5.2. The goods are ready for dispatch on weekdays, Monday to Friday. Shipping, as far as part of the service to be provided by +WPharma, is carried out with selected logistics partners. Other delivery periods are to be included in the order.
5.3. In cases of force majeure, +WPharma is entitled to carry out and invoice advance delivery and partial delivery.
5.4. If delivery on call has been agreed, +WPharma can consider the goods to be called one year after the order has been placed and can demand the service owed by the customer in this case.5.5. All additional services not reserved for +WPharma in the order confirmation and necessary for the fulfillment of the contract are to be provided by the customer at his own expense.
- RESERVATION OF TITLE
The delivered goods remain the property of +WPharma until full payment has been made and may only be sold in the ordinary course of business. The customer must comply with the labeling requirements and other formal requirements to protect the retention of title. In the event of seizure or other claims, the client is obliged to point out +WPharma’s ownership right and to inform +WPharma immediately.
- COMPLAINTS/RETURNS/EXPAIR DATE
7.1. Delivered goods are to be examined immediately after delivery. Defects that can be identified during the inspection must be reported in writing within three working days after the day of delivery. Defects that only become apparent later must be reported within three working days after the day the defect was discovered. Otherwise the defect is considered approved. The presumption according to § 924 Abs.2 ABGB does not apply.
7.2. If a defect is discovered after a timely notification of defects, a free exchange or credit will be issued. Packages that have become unsightly during storage will not be taken back or exchanged. The same applies if a medicinal specialty is stated as “not available” in the specialty list.
7.3. Medicinal specialties with an expired expiry date can be taken back up to six months after the expiry date shown on the packaging against a credit of the invoice value minus 40%. The return must be made at the expense of the customer.
7.4. Goods with an expired expiry date and goods that do not have an expiry date will not be taken back, apart from the cases specified in point 7.2.
7.5. If a pharmaceutical specialty or a package size is discontinued or if the approval of goods that were delivered by +WPharma is revoked, these will be taken back by +WPharma at the invoice value up to two months after they have been deleted from the list of goods.
7.6. Narcotic drugs and diagnostics, biogenic, radioactive and homeopathic medicines, as well as unregistered goods delivered on request from a clinic and packages provided free of charge (e.g. doctor’s samples, clinical trial samples) will not be taken back under any circumstances.
- CONSEQUENCES OF DEFAULT AND WITHDRAWAL
8.1. If +WPharma is in default of delivery due to gross negligence despite setting a grace period, the client can withdraw from the contract.
8.2. +WPharma is entitled to withdraw from the contract: if the execution of the delivery, the start or the continuation of the service is impossible for reasons for which the customer is responsible or is further delayed despite the setting of a grace period, if the customer refuses to make an advance payment at the request of +WPharma or to provide suitable security before delivery due to concerns about his creditworthiness.
8.3. In the case of point 8.2. Partial withdrawal is also permitted.
8.4. If judicial insolvency proceedings are instituted against the client’s assets or if an application for bankruptcy is rejected due to a lack of assets to cover costs, +WPharma can withdraw from the contract without setting a grace period.
8.5. Irrespective of any claim for damages, +WPharma is entitled to payment for the deliveries or services already provided in the event of withdrawal, as well as for the preparatory work carried out with regard to the contract, even if the contract was only partially fulfilled as a result. Even if no delivery has taken place, +WPharma is entitled to reimbursement of the costs incurred in its preparation.
- RETURN OF PACKAGING MATERIALS
All packaging placed on the market by +WPharma is exempt. Packaging material will not be taken back.
- COPYRIGHT / TRADEMARK RIGHTS
10.1. Documents and advertising material may not be used by the client in a way that goes beyond the content of the contract, even if they do not come from +WPharma. They must be returned to +WPharma immediately upon request.
10.2. The content of all documents and information of an economic, financial or technical nature that the client receives within the framework of these conditions or in connection with products from +WPharma, regardless of whether they are marked as confidential, must be treated as confidential by the client and may may only be copied or passed on to third parties with the prior written consent of +WPharma.
10.3. All trademarks that are either protected by or for +WPharma or for which trademark protection has been applied for remain the sole property of +WPharma. The client undertakes to immediately and comprehensively inform +WPharma in writing of any infringement of industrial property rights by +WPharma, in particular patents and trademark rights.
11.1. Austrian law in the version valid at the time the contract was concluded applies exclusively to the individual contracts and to these General Terms and Conditions of Delivery and Payment, excluding the UN Sales Convention.
11.2. The Vienna Commercial Court is the exclusive place of jurisdiction for all disputes arising from or in connection with an individual contract of +WPharma or these General Terms and Conditions or with their violation, dissolution or nullity; this applies subject to the mandatory legal places of jurisdiction for end consumers.
The above General Terms and Conditions of Delivery and Payment apply from October 1st, 2019
Anton Anders-Platz 6 / Top 1
Phone: +43-664 84 62 631
Fax: +43 1 25 33 03 32 160