regarding the mail order business of pharmacies jointly responsible for operating the Pharmexpress internet and mail order platform.
Last update: January 2005
Scope of application
Any completion of or entering into contract, any offers, deliveries and other services of the pharmacies which jointly operate the Pharmexpress internet and mail order platform, hereafter Pharmexpress-Pharmacies, shall not be effective unless they are fully in accordance with these General Terms and Conditions. These General Terms and Conditions have been acknowledged and accepted by buyer or customer by submitting their order.
he General Terms and Conditions may be altered or amended at any time. The version of the GTC in operation upon receipt of customer’s order shall be deemed applicable and effective.
Completion of Contract
All offers and information on offers pertaining to allocation or availability are made subject to changes and are not binding. This clause shall apply to all information contained in our price lists, advertisements, advertising materials, information leaflets of any kind, information provided personally or by telephone as well as to promises or replies in the affirmative, all of which in any case subject to editorial or typographical errors or any other incorrect information arising from faulty transmission of electronic data.
A contract shall not be concluded until the order has been accepted. If not stated otherwise, an order can only be effected through confirmation of order by means of telephone or electronic message or through delivery of item(s).
Deliveries to addresses outside Austria shall entail a special offer made to the buyer/customer either by telephone or email containing information on the price of the item plus the costs of shipping (P&P). In this case, a contract shall not be concluded until buyer/customer accepts the terms of the offer.
The contractual agreement is to include delivery of the item or goods ordered to the buyer’s address as submitted to seller.
Prices and their validity
All prices quoted are gross figures in euros containing all legal fees and taxes (such as sales tax). However, they do not contain any costs which may arise especially from any shipping or import charges. Information on prices of medicinal or pharmaceutical products is in compliance with the legal requirements in Austria (Price Act, Austrian Arzneitaxe, maximum surcharges for wholesale trading of medicines).
Both parties have agreed that the list prices of the day on which Pharmexpress-Pharmacies receive an order shall be applicable. These prices are to be understood as per diem prices valid 0 – 24 hours. All discounts or special offers exclusively apply to internet transactions and cannot be granted until an order has been made and completed through the Pharmexpress internet and mail order platform.
Orders of medicines or any other products requiring a valid prescription covered by insurance or a prescription authorised by a head physician (“chefarztpflichtig”) have prices quoted for information only. In this case, of course, maximum charges solely include fees for the prescription or any deductible amounts (“Selbstbehalte”).
Terms of payment and reservation of title (conditional sales contract)
Seller Pharmexpress-Pharmacies reserve their right of property regarding products offered for sale until full payment of all outstanding costs, taxes or fees arising from or connected with the order has been received from buyer(s) by Pharmexpress-Pharmacies.
Payments have to be made either online via the payment platform Mpay24 (credit cards, etc.) or on a pre-payment basis within 14 days from date of invoice.
Payments can be made on a pre-payment basis (bank transfer) or by credit cards (VISA, Mastercard, Diner’s Club, American Express).
Delay of payment may entail reminder charges of up to EURO 6.18 per reminder plus default interest charges of 12 per cent p.a. as well as any expenses incurred in debt collection in compliance with the Regulation of Debt Collection Fees (Inkassogebührenverordnung).
Terms of Delivery
Some items, especially purchases to be obtained domestically or internationally, may require us to issue information to the buyer as to extended delivery periods. While the method of delivery remains at the discretion of Pharmexpress-Pharmacies, refrigerated or cooled items or any other goods necessitating extra efforts in delivery may or may not - after consultation with buyer and at the discretion of Pharmexpress-Pharmacies - be shipped by Pharmexpress-Pharmacies. Narcotics (in Germany classified as drugs listed in the BTM-Regulation) cannot be shipped. Customers of Pharmexpress-Pharmacies entitled to special discounts (e.g. long-term contract) shall accept and agree to the terms of delivery including shipping costs (P&P) in advance.
Delay in deliveries shall be announced to the buyer/customer as soon as possible. However, Pharmexpress-Pharmacies cannot be held liable or responsible for any such delays or results thereof.
Deliveries within Austria
Home deliveries are made within 3 working days (on average, no guarantee) upon acceptance of order by Pharmexpress or upon receipt of confirmation of payment if payment has not been made by credit card.
The following rates apply within Austria:
- Delivery within Austria is free for orders worth euro 50.00 or more.
- For delivery within Austria of orders worth up to euro 49.99 add a shipping fee of euro 3.50 (including 20 % sales tax).
For deliveries within the European Union (outside Austria):
Home deliveries are made within 5 working days (on average, no guarantee) upon acceptance of order by Pharmexpress or upon receipt of confirmation of payment if payment has not been made by credit card.
For deliveries within the European Union (outside Austria) the following rates apply:
- Delivery within the European Union is free for orders worth euro 150.00 or more.
- For delivery of orders worth up to euro 149.99 add a shipping fee of euro 13.50 - including 20 % sales tax (euro 12,- net).
For deliveries outside Austria and Germany mind the following:
Deliveries to addresses outside Austria and Germany shall entail a special offer made to the buyer/customer either by telephone or email containing information on the price of the item plus the costs of shipping (P&P). In this case, a contract shall not be concluded until buyer/customer accepts the terms of the offer.
Cancellation of contract
The buyer / customer is entitled to cancel his purchase within 7 working days from delivery of goods. Any such cancellation has to be brought to the attention of Pharmexrpess-Pharmacies in writing. Any costs incurred in re-shipping shall be exclusively borne by the customer.
Return of defective goods
Complaints about shipped items can be processed within 8 days from receipt. Any complaint must be in writing. Any damage caused in transport must be recorded and reported immediately and appropriately for any claims for replacement to be accepted later.
The customer will be awarded a credit in the same amount as marked paid in the invoice, which, therefore, has to be submitted.
For further inquiries, information, and complaints contact:
Place of venue
It has been agreed that the place of performance and place of venue for all disputes arising from delivery or payment shall be Vienna, Austria.