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Terms of Service:

1. General: These general terms and conditions of sale come into effect on October 7th, 2011 and replace our previous general terms and conditions of sale. Our deliveries, services and offers are based exclusively on these terms and conditions. They also apply to future business relationships, even if they are not expressly agreed again. Deviations - in particular the validity of the buyer's procurement regulations - require our express written approval and are otherwise contradicted. Our offers are non-binding and verbal ancillary agreements are only binding for us if we confirm them in writing or comply with them by sending the goods.

1. Prices: Our prices are subject to change and apply exclusively to domestic requirements. The prices valid on the day of delivery will always be invoiced.

1. Delivery: We deliver free of charge using the cheapest shipping method of our choice. Additional costs will be charged for special requests. All shipments travel on account and risk of the buyer. The delivery is considered fulfilled as soon as the goods have been properly handed over to the post office or parcel service. Orders are generally executed immediately. If immediate delivery of the entire order is not possible in individual cases, we reserve the right to make partial deliveries. A fixed delivery time is only to be regarded as binding if it has been agreed in writing. We are released from the delivery obligation if our supplier does not deliver or does not deliver on time. There is no obligation to stock up on supplies from external suppliers. Cases of force majeure - incidents that cannot be prevented with ordinary management - are considered such events - suspend the contractual obligations of the parties for the duration of the disruption and to the extent of its effect. If the resulting delays exceed a period of 6 weeks, both contracting parties are entitled to withdraw from the contract with regard to the affected scope of services. Other claims do not exist. In the event of non-compliance with the terms of payment, our delivery obligation is suspended.

1. Payment: The individual or collective monthly invoice is due and payable within 7 days of the invoice date without any deductions, unless otherwise agreed.
2. If the deadline is exceeded, subject to the assertion of further damage, interest will be charged at the usual bank debit interest, but at least 4% above the discount rate and a €2.50 reminder fee. A payment is only deemed to have been made when we can dispose of the amount. Payments are credited first to the costs, then to the interest and finally to the main service. We reserve the right to deliver against cash on delivery or advance payment in individual cases. Only undisputed or legally established claims entitle the buyer to set-off or retention.

1. Retention of title: The delivered goods remain our property until full payment of all our current and future claims from the business relationship, including ancillary costs and interest, as well as balance claims from a current account relationship limited to the business relationship. The customer is not entitled to pledge the goods to third parties or to assign them as security until all claims according to paragraph 1 have been paid. In the event of enforcement or other intervention or access by third parties to the reserved property, the customer is obliged to inform us immediately and to inform the third party of our reserved property without delay. If the customer behaves in breach of contract, in particular in the event of default in payment, we are entitled to take back the purchased item. In this case, the customer allows us to have the purchased item picked up by a person authorized in writing, who may enter his business premises for this purpose, without the pick-up being deemed to be a prohibited act of his own accord. The customer is obliged to provide information about the whereabouts of the goods, provided that he does not violate his duty of confidentiality according to § 203 StGB. Our taking back the purchased item does not constitute a withdrawal from the contract unless we have expressly declared this in writing. We are entitled to make best use of the returned goods by private sale. The proceeds will be credited to the customer's liabilities after deduction of appropriate utilization costs and any sales tax to be paid, any excess proceeds will be paid out.

1. Warranty: The buyer must inspect the goods immediately upon receipt, otherwise the goods are considered approved. Complaints will only be considered if they are made in writing within 2 working days after receipt of the goods - in the case of hidden defects after discovery - accompanied by supporting documents. Our warranty is limited to taking back goods against delivery of goods free of defects. If we do not deliver defect-free goods as a replacement within 3 weeks of the buyer's request for a replacement delivery, the buyer is entitled to the right to change or reduce the price at his own discretion. Goods that have been the subject of a complaint may only be returned with our express consent.

1. Returns: Properly delivered goods can only be taken back or exchanged by prior agreement. In the case of unsolicited returned goods, we reserve the right to destroy them without replacement. Otherwise, our separate returns policy applies.

1. Data storage: Customer data is stored and processed to the extent that it is necessary for the business and permissible within the framework of the GDPR. Further information on data protection can be found here: Mertz pharma Handel GmbH / data protection

Place of performance and place of jurisdiction: The place of performance for goods deliveries, payments, other contractual services and place of jurisdiction, including actions on bills of exchange and checks, is Hamburg. Hamburg district court, commercial register: HRB 11 96 52

Mertz Pharma Handel GmbH

Michel Mentschke

Fangdieckstraße 36

22547 Hamburg

Tel: 04081972698

kommunikation@mertz-pharma-handel.de