General pharmacy sales and payment terms

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

Applicability

These terms and conditions apply to networkapotheken.nl and its affiliated pharmacies and thus to all agreements relating to the sale, including distance selling, handing, delivery and loan of products by the pharmacy, the payment of which is not directly (giro or cash) occurred.

Delivery conditions

If a product is not in stock and at the request of the patient/consumer by the pharmacy is ordered, or is prepared, the patient/consumer is obliged to take the product, unless a product does not meet the agreement in the sense of the BW.

Products will only be taken back for destruction. There will be no refund of costs.

These conditions apply to networkapotheken.nl and its affiliated pharmacies and thus to all agreements relating to sale, including distance selling, handing, delivery and loan of products by the pharmacy, whose payment is not directly (giro or cash) occurred.

Conditions of payment

Inasmuch as the pharmacy turns directly to the patient/consumer's health insurer for collection of its claim, the pharmacy retains the right to demand payment from the patient/consumer to the extent that the health insurer does not make timely payment for the delivered goods. Payment by the patient/consumer in such a case shall be made within fourteen days after the pharmacy has made a request for payment.

If the patient/consumer defaults in the timely payment of an invoice, the patient/consumer shall be in default by operation of law. The patient/consumer will then owe interest. In the case of consumer purchase, the interest rate is equal to the legal interest rate. In other cases, the patient/consumer owes interest of 1% per month, unless the legal interest rate is higher, in which case the legal interest rate is owed. The interest on the amount due will be calculated from the time the patient/consumer is in default until the moment of payment of the full amount due.

The pharmacy has the right to have the payments made by the patient/consumer go first of all to reduce the costs, then to reduce the interest that has fallen due and finally to reduce the principal sum and the accrued interest.

The pharmacy may, without thereby being in default, refuse an offer of payment if the patient/consumer designates a different order for the allocation of payment. The pharmacy may refuse full repayment of the principal sum, if this does not also include the accrued and current interest and collection costs.

Abjections to the amount of an invoice do not suspend the payment obligation. Unless otherwise provided in the agreement or additional conditions, the amounts owed by the patient/consumer must be paid within 14 days after the start of the reflection period in the case of distance selling, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the patient/consumer has received confirmation of the agreement.

When selling products to patients/consumers, the patient/consumer may never be required to pay more than 50% in advance. When prepayment is stipulated, the patient/consumer may not assert any rights regarding the execution of the order or service(s) before the stipulated prepayment has taken place.

The patient/consumer has the duty to immediately report inaccuracies in payment information provided or stated to the pharmacy.

If the patient/consumer does not timely fulfill his payment obligation(s), the patient/consumer, after being notified by the pharmacy of the late payment and the pharmacy has given the patient/consumer a period of fourteen days to still fulfill his payment obligations, after the failure to pay within this fourteen-day period, shall owe the statutory interest on the amount still due and the pharmacy is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500, 10% over the next € 2,500, and 5% over the next € 5,000 and 1% over the next € 190,000. The minimum amount of collection costs is € 40. The pharmacy may deviate from said amounts and percentages for the benefit of the patient/consumer.

Subject to evidence to the contrary, the pharmacy statement and accompanying administrative data serve as complete evidence on the basis of which the patient/consumer is obliged to make payment. Applicable law and disputes

The agreements mentioned in article 1 of these terms and conditions are governed by Dutch law.

All disputes of any nature whatsoever, which concern or relate to an agreement subject to these terms and conditions, will be brought before the competent Dutch court. Dutch law is applicable.

Final place and amendments

These terms and conditions are deposited at the Chamber of Commerce Haaglanden. 18. The most recently filed conditions apply. Explanation for the patient/consumer about the general terms and conditions of sale and payment To provide clarity about rights and obligations, the professional organization 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 conditions supplement the general rules 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 buy from the pharmacy on account and do not send 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 demand payment from you. The terms and conditions will be made known to you before or at the conclusion of an agreement. In many cases, you can also learn about the contents of the terms and conditions because they are posted in the pharmacy's public area or on the pharmacy's website. The most important rule is that bills must be paid no later than fourteen days after the date of the bill. If you do not pay on time, you should expect additional charges. Even if you have ordered something from the pharmacy that is not in stock, you are obligated to purchase and pay for what you ordered, unless what you ordered does not match what you ordered.