Terms and Conditions
Nexopharm GmbH for the sale of pharmaceuticals and medical devices to pharmacies (B2B).
As of December 2025
§ 1 Scope
(1) These Terms and Conditions apply to all contracts between Nexopharm GmbH ("Seller") and the customer ("Buyer") regarding the delivery of pharmacy-related goods.
(2) The seller supplies only pharmacies and authorized institutions (Section 47 of the German Medicines Act). The buyer certifies that it is authorized to purchase the goods.
(3) Any terms and conditions of the buyer that differ from these shall not become part of the contract unless the seller agrees to them in writing.
(4) These Terms and Conditions also apply to all future transactions.
§ 2 Conclusion of the Contract and Orders
(1) The product descriptions in the online store/catalog are non-binding invitations to place an order.
(2) Orders (electronic, MSV3, email) do not become binding until they are confirmed or delivered.
(3) Orders may be rejected without providing a reason, particularly if there are doubts regarding the customer’s eligibility.
(4) Narcotics: The German Narcotics Act (BtMG) and the German Narcotics Regulation (BtMVV) also apply. Delivery is permitted only upon presentation of a valid narcotics requisition form.
§ 3 Prices and Adjustments
(1) The prices in effect at the time of the order apply, plus applicable sales tax.
(2) The provisions of the Medicines Price Regulation (AMPreisV) remain unaffected.
(3) Prices are subject to change if there are more than 4 months between the conclusion of the contract and delivery.
§ 4 Terms of Payment
- New customers: 14 days net
- Existing customers: 30 days net
- Discount: 2% for payment within 10 days
(2) A customer is classified as an existing customer after placing 3 valid orders.
(3) Invoices are sent electronically via email.
(4) In the event of default: Interest at a rate of 9 percentage points above the base rate.
(6) If there are doubts about creditworthiness, payment in advance or a security deposit may be required.
§ 5 Delivery and Shipping
(1) Free shipping on orders with a net merchandise value of 99.00 EUR or more. For orders below this amount, a flat-rate shipping fee applies as listed in the price list.
(3) Delivery will be made to the specified address. It must be ensured that the delivery is accepted by authorized personnel (especially in the case of controlled substances).
(4) Transfer of risk upon delivery to the freight forwarder or carrier.
(5) Partial deliveries are permitted; any additional costs shall be borne by the seller.
§ 6 Retention of Title
(1) The goods remain the property of the seller until full payment has been made.
(2) Resale in the ordinary course of business is permitted. Pledging is not permitted.
§ 7 Notice of Defects and Warranty
(1) The goods must be inspected immediately upon receipt. Obvious defects must be reported within 3 business days.
(2) Rectification of the defect by repair or replacement, at the seller’s discretion.
(3) The warranty period is one year from the date of delivery.
§ 8 Returns and Take-Back (GDP)
(1) Generally excluded: In accordance with GMP guidelines (quality assurance), the return of pharmaceuticals and controlled substances is not permitted.
(2) Exceptions apply only in the following cases: incorrect delivery, quality defects upon delivery, or a product recall.
(3) Returns require prior written approval.
(4) The seller shall bear the costs for valid returns. Compliance with the shipping terms is mandatory.
§ 9 Liability
(1) Liability is limited to cases of willful misconduct and gross negligence.
(2) Exception: Injury to life, limb, or health; breach of fundamental obligations; and product liability.
(3) In the case of material breaches, liability is limited to foreseeable damages typical for this type of contract.
§ 10–12 Final Provisions
§ 10 Confidentiality: Pricing terms must be treated as confidential.
§ 11 Data Protection: Processing for the purpose of contract fulfillment in accordance with the Privacy Policy.
§ 12 Place of jurisdiction: Düsseldorf. German law applies (excluding the CISG).