PHAREX, s.r.o. (“Seller”)
with registered office at Záhradná 3, 038 04 Bystrička, Company ID: 44073437, registered in the Commercial Register of the District Court in Žilina, Section Sro, Insert No. 20423/L (hereinafter referred to as “Seller”)
1. INTRODUCTORY PROVISIONS
1.1 These General Terms and Conditions of the Seller are an integral part of the concluded contract for the supply of goods, or any individual order, which is considered as a separate fulfillment (hereinafter referred to as the “Contract”).
1.2 The Seller is a wholesaler of medicines and medical devices according to Act No. 362/2011 Coll. on medicines and medical devices.
1.3 The Seller’s goods for the purposes of the Contract include medicines, medical devices (HVLP assortment, ŠZM assortment, and other assortment), and additional products according to the current commercial offer of the Seller, which is binding in terms of the type of offered goods and the price of these goods until the moment of unilateral updating by the Seller.
2. ORDERING GOODS AND DELIVERY CONDITIONS
2.1 The Buyer orders goods from the Seller based on individual orders, which can be made:
1.by phone orders with the Seller;
2.via the electronic ordering system integrated into the LIS (Pharmacy Information System);
3.electronically, through the webshop operated by the Seller at www.kozmetikazlekarne.sk – for this sales channel, the Seller reserves the right to set separate General Terms and Conditions, which are valid and available on the Seller’s website and at the web address https://www.kozmetikazlekarne.sk/content/obchodne-podmienky.
2.2 An order is considered accepted upon the receipt of an electronic order confirmation from the Seller to the Buyer in the case of an order placed through the electronic ordering system integrated into the LIS or the webshop at www.kozmetikazlekarne.sk. In the case of a phone order, after confirmation by the Seller’s employee.
2.3 The Buyer confirms the receipt of the goods delivered by the Seller under the Contract or separate order by signing the delivery note/invoice issued by the Seller with the price of the goods delivered. Financial documents will be presented by the Seller when delivering the goods to the Buyer.
2.4 Unless the law stipulates otherwise, if the Buyer fails to pay the invoiced price for any previous (invoiced) deliveries of goods by the agreed due date, the Seller has the right to immediately suspend the delivery of goods to the Buyer or unilaterally decide on the form and method of payment for the delivered goods.
Transportation of goods:
•For orders of medical devices up to 80.00 EUR (excluding VAT), a one-time shipping fee of 3.50 EUR (excluding VAT) will be charged. For orders above 80.00 EUR (excluding VAT), the transportation costs are borne by the supplier. Goods will be sent via courier.
•For orders of cosmetics and other additional products up to 80.00 EUR (excluding VAT), a one-time shipping fee of 3.50 EUR (excluding VAT) will be charged. For orders above 80.00 EUR (excluding VAT), the transportation costs are borne by the supplier. Goods will be sent via courier.
•For orders of medicines, the minimum order value is 200.00 EUR (excluding VAT). Goods will be delivered personally by our company.
3. PRICE OF GOODS AND PAYMENT TERMS
3.1 The price of the goods under the Contract is always determined unilaterally by the Seller, in compliance with the applicable legal regulations of the Slovak Republic and with the price measures of the relevant public authorities in Slovakia. The Buyer is informed of the current price of the goods according to the Contract or the individual order by the Seller at the time of ordering the goods.
3.2 The date of payment of the invoice is considered to be the day the payment (amount) is credited to the Seller’s bank account from the Buyer.
3.3 In the case of the Buyer’s delay in paying the Seller’s invoices under the Contract, the Seller is entitled to charge the Buyer default interest. The statutory default interest rate is set according to § 369, para. 2 and § 369a of the Commercial Code, as amended by Act No. 9/2013 Coll. in connection with § 1, para. 1 of the Regulation of the Government of the Slovak Republic No. 21/2013 Coll. The rate is determined as the basic interest rate of the ECB plus 8 percentage points. Information about the basic interest rate of the European Central Bank can be found on the NBS website or at the ECB.
3.4 Unless contrary to legal regulations, the Seller is entitled to charge the Buyer a fee of 5.00 EUR (excluding VAT) for each cash payment made by the Buyer, and the Buyer is obliged to pay this fee to the Seller.
4. WARRANTY FOR DEFECTS
4.1 In the case of discrepancies in quantity or assortment, or if the quality of the goods is unsatisfactory, the Buyer must file a complaint regarding the delivery of such goods within 48 hours after receiving the goods, in accordance with the Complaint Procedure of PHAREX, s.r.o., which is available on the website: https://pharex.sk/user/documents/upload/Reklamačný%20poriadok%20spoločnosti%20PHAREX.pdf
4.2 In the case of delivery of defective goods, the Seller will replace the defective goods in the next delivery based on the submission and delivery of a complaint record, or issue a credit note for the defective goods.
5. FINAL PROVISIONS
5.1 The Buyer is obliged to maintain confidentiality regarding all matters related to the business relationship with the Seller.
5.2 The Buyer is obliged to immediately notify any changes in the organizational and ownership structure of the Buyer (e.g., change of directors, transfer of business share, etc.) upon its occurrence.
5.3 The provisions of the Contract take precedence over the provisions of these General Terms and Conditions in case of differing regulations. Rights and obligations not regulated by the Contract and these General Terms and Conditions are governed by the provisions of the Commercial Code and applicable legal regulations.
These General Terms and Conditions are valid and effective from 1.7.2022.
PHAREX, s.r.o.
Mgr. Michal Šachl – Managing Director
