General Terms and Conditions of Sale / Regulation on Product Returns

 

General terms and conditions of sale

 

  1. Applicable conditions
    1. All Vendor offers and contracts on product supplies are based on the Vendor’s general terms and conditions. Buyer’s general purchasing conditions and other deviating conditions are binding only, if they have been recognized explicitly in writing by Vendor.
  2. Prices
    1. The prices stated on Vendor’s last applicable price list are non-binding, net ex works, without customs and dues, if no different agreement has been made explicitly.
    2. Products which can be shipped with a parcel service are delivered carriage paid from a product value of EUR 180,-. Products that can be delivered only by a forwarding agent due to their properties are delivered carriage paid only from a merchandise value of EUR 300,-.
  3. Delivery dates
    1. Delivery dates are applicable ex Vendor’s works (EXW). Dates are considered as met, if the merchandise has been reported as ready for dispatch on the date agreed upon. Vendor is entitled to provide partial supplies.
    2. As long as Buyer is delayed with regard to payments and other documents, Vendor is exempt from the obligation to deliver. Supply delays for which Vendor is not responsible entitle the Vendor to extend the delivery period by an adequate amount of time, or to resign from the obligation to deliver partly or in whole. If the delivery date is exceeded by more than 60 days in these cases, Buyer is entitled to resign partly or in whole from the unfulfilled portion of the contract.
    3. If merchandise cannot be shipped due to reasons for which buyer is responsible, Vendor is entitled to store the merchandise, at Buyer’s risk and expense. In these cases, the storage date is considered as date of delivery. The shipping documents will be replaced by the warehouse receipt.
    4. Unless agreed upon otherwise, the merchandise will be shipped at the Buyer’s risk and expense.
  4. Retention of title
    1. The merchandise remains the Vendor’s property, until all Vendor claims towards the Buyer are met. Earlier pledging, or transfer by way of security by the Buyer is prohibited. Costs of any required investments are borne by the Buyer.
    2. For the event that the merchandise delivered by the Vendor should be resold in accordance with the intended use, or handed over to third parties for another legal ground prior to complete payment of the sales price, the Buyer hereby provisionally assigns all claims resulting from the resale of the goods subject to retention of title against his customers including all ancillary rights to the Vendor. With correct processing, connection or amalgamation, surrender will take place in the amount of the invoice value of Vendor’s merchandise used for this purpose. On Vendor’s request, the Buyer is bound to notify his debtor on the surrender as soon as he is in default, provide the information required for recovery of the claim to the Vendor and hand over the required documents to him. Unless otherwise determined by the Vendor, the Buyer is entitled and obligated to collect the proceeds of the resold merchandise, which becomes the Vendor’s property without any further action, and to keep it separate from the remaining payments.
    3. In case of doubt, retention of title continues, until the Buyer proves in each individual case that the merchandise has been paid completely. In the event that the merchandise under retention of title is e.g. seized by third parties, or that third parties raise claims against the proceeds assigned to the Vendor, the Buyer is held to notify the Vendor hereof immediately and to inform the third party on retention of title or surrender.
  5. Payment
    1. Unless agreed upon otherwise in writing, the sales price is due for payment net in euros (€) upon receipt of merchandise and invoice.
    2. Any payment terms are agreed upon in written form. Unless such an agreement has been made, invoices are due for payment without deduction within 30 calendar days from the date of invoice. If this date is exceeded, the Vendor is entitled to charge default interest in the amount determined according to § 288 German Civil Code.
    3. The Buyer is not entitled to withhold or delay payments due to counterclaims that haven’t been recognized explicitly by the Vendor or by declaratory judgment, of for any other reason whatsoever.
    4. If payment is made against a bilI or check, payment will be considered fulfilled only after encashment.
    5. The date on which the money is received by the Vendor or the Vendor’s bank is considered as date of payment.
  6. Minimum order value
    1. For each product group, separate orders must be placed. The minimum order value is 50.00 euros.
  7. Sales returns
    1. Merchandise can be taken back by the Vendor only in exceptional, particularly justified cases. Return consignment requires Vendor’s explicit written consent, otherwise, returned merchandise won’t be credited. The value to be credited in the event that any merchandise is taken back is dependent of age, property and resalability of the merchandise. 
    2. All products which have been ordered explicitly in special packaging, or which fall beyond the Vendor’s standard delivery range, are excluded from being taken back.
    3. Risks of and costs for transportation of returned merchandise are borne by the Buyer.
  8. Complaints and recourse claims
    1. The Vendor is held to check consignments of merchandise for intactness, completeness and quality immediately after receipt. Any complaints must be reported to Vendor in writing within 14 days after receipt of the merchandise. If the buyer fails to report complaints to the Vendor, the merchandise is considered as accepted without complaints and delivery is considered as accomplished. Outer damage at receipt must be reported to the forwarder or freight carrier immediately.
    2. If notification of defects is justified and given in due time, the Vendor is entitled to subsequently comply with the requirements. In the event of failure of subsequent compliance, the Buyer is entitled to reduce the sales price or to resign from the contract. Other Buyer claims are excluded. Claims due to deficiencies of merchandise are time-barred after 12 months.
  9. General information
    1. Place of fulfillment is the place of shipment for deliveries, and Körle, Germany (bank account) for payments.
    2. The law of the Federal Republic of Germany is applicable.
    3. Exclusive place of jurisdiction is Melsungen (Amtsgericht) or Kassel (Landgericht). Vendor reserves the right to sue Buyer at his registered place of business according to applicable law.

 

 

Return policy

 

  1. Purpose
    1. This policy governs the procedure of deliveries made by Ryma Pharm to customers.
  2. Definition
    1. Return consignments take place in the event of faulty deliveries of merchandise, delivery of damaged merchandise and products which have to be taken back pursuant to AMG and Medical Products Act. This includes merchandise delivered to customer by Ryma Pharm 10% above the order value. Merchandise that has been ordered by the customer erroneously is not included.
  3. Procedure in the event of return consignment
    1. Merchandise returned by customer may be retrieved at the expense of Ryma Pharm only after previous consultation and consent by Ryma Pharm.
    2. In each individual case, Ryma Pharm will decide on the mode of retrieval (e.g. via mail or transport carrier).
    3. For this purpose, the optimum dispatch route is always selected (e.g. regular mail, no express consignment).
  4. Other provisions
    1. Furthermore, the General Terms and Conditions of Ryma Pharm are applicable.