General Pharmacy Sales and Payment Terms and Conditions

Filed by the Royal Dutch Society for the Advancement of Pharmacy, with its registered office in The Hague, with the Haaglanden Chamber of Commerce in The Hague, for the first time on February 11, 2009 (40 409 373).

Applicability

These terms and conditions apply to netwerkapotheken.nl and its affiliated pharmacies, and thus to all agreements concerning the sale—including distance sales— the provision, delivery, and loan of products by the pharmacy, for which payment has not been made immediately (by bank transfer or in cash).

Terms of Delivery

If a product is out of stock and has been ordered or prepared by the pharmacy at the request of the patient/consumer, the patient/consumer is obligated to accept the product, unless the product does not conform to the agreement within the meaning of the Dutch Civil Code.

Products will only be accepted for return for destruction. No refund will be issued.

These terms and conditions apply to netwerkapotheken.nl and its affiliated pharmacies, and thus to all agreements concerning the sale—including distance sales— the provision, delivery, and loan of products by the pharmacy, for which payment was not made immediately (by bank transfer or cash).

Payment Terms

To the extent that the pharmacy contacts the patient’s/consumer’s health insurer directly to collect its claim, the pharmacy reserves the right to demand payment from the patient/consumer to the extent that the health insurer fails to pay for the services rendered in a timely manner. In such a case, payment by the patient/consumer must be made within fourteen days after the pharmacy has issued a payment request.

If the patient/consumer fails to pay an invoice on time, the patient/consumer is automatically in default. In that case, the patient/consumer owes interest. In the case of a consumer purchase, the interest rate is equal to the statutory interest rate. In other cases, the patient/consumer owes interest at a rate of 1% per month, unless the statutory interest rate is higher, in which case the statutory interest rate applies. Interest on the amount due will be calculated from the moment the patient/consumer is in default until the full amount owed has been paid.

The pharmacy has the right to apply payments made by the patient/consumer first toward the costs, then toward the accrued interest, and finally toward the principal and current interest.

The pharmacy may, without thereby being in default, refuse an offer of payment if the patient/consumer specifies a different order for allocating the payment. The pharmacy may refuse full repayment of the principal amount if the overdue and accruing interest, as well as collection costs, are not also paid.

Objections to the amount of an invoice do not suspend the obligation to pay. Unless otherwise specified in the agreement or supplementary terms and conditions, the amounts owed by the patient/consumer must be paid within 14 days after the start of the cooling-off period for distance sales, or, in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of a contract for the provision of a service, this period begins on the day after the patient/consumer has received confirmation of the contract.

When selling products to patients/consumers, the patient/consumer may never be required to make an advance payment of more than 50%. If an advance payment has been stipulated, the patient/consumer may not assert any rights regarding the fulfillment of the order or service(s) until the stipulated advance payment has been made.

The patient/consumer is obligated to immediately report any inaccuracies in the payment information provided or listed to the pharmacy.

If the patient/consumer fails to meet his or her payment obligation(s) on time, after the pharmacy has notified the patient/consumer of the late payment and the pharmacy has granted the patient/consumer a period of fourteen days to fulfill their payment obligations, if payment is not received within this fourteen-day period, be liable for statutory interest on the outstanding amount, and the pharmacy is entitled to charge the extrajudicial collection costs it has incurred. These collection costs are capped at: 15% on outstanding amounts up to €2,500, 10% on the next €2,500, 5% on the next €5,000, and 1% on the next €190,000. The minimum amount for collection costs is €40. The pharmacy may deviate from the aforementioned amounts and percentages in favor of the patient/consumer.

Unless proven otherwise, the pharmacy invoice and accompanying records constitute full proof on the basis of which the patient/consumer is obligated to make payment. Governing Law and Disputes

The agreements referred to in Article 1 of these terms and conditions are governed by Dutch law.

All disputes of any nature whatsoever concerning or related to an agreement subject to these terms and conditions shall be brought before the competent Dutch court. Dutch law applies.

Where to Find These Terms and Conditions and Changes

These terms and conditions have been filed with the Haaglanden Chamber of Commerce. 18. The most recently filed terms and conditions are applicable. Explanation for the patient/consumer regarding the general terms and conditions of sale and payment To provide clarity regarding rights and obligations, the professional association of pharmacists in the Netherlands, the Royal Dutch Society for the Advancement of Pharmacy (KNMP), has drawn up general terms and conditions of sale and payment. These general terms and conditions supplement the general provisions of the Civil Code. Unless other agreements have been made between the pharmacy and you, these general terms and conditions apply, and you, as a patient/consumer, are bound by them.

The general terms and conditions apply if you purchase from the pharmacy on credit and do not submit the bill to your insurer (as is the case with many health insurers) based on agreements between your insurer and the pharmacies. If your insurer does not pay, the pharmacy may still request payment from you. The terms and conditions will be disclosed to you before or upon entering into an agreement. In many cases, you can also review the terms and conditions, as they are posted in the pharmacy’s public area or on the pharmacy’s website. The most important rule is that invoices must be paid no later than fourteen days after the invoice date. If you do not pay on time, you may incur additional charges. Even if you have ordered something from the pharmacy that is out of stock, you are obligated to purchase and pay for the order, unless the item received does not match what you ordered.