In accordance with article R 5124-3 of the Public Health Code
" Manufacturers, importers, operators, depositories, wholesalers and distributors in bulk of pharmaceutical products other than medications, distributors in bulk of medications derived from blood, distributors in bulk of medicinal plants, distributors in bulk of gas to be used for medical purposes, and distributors in bulk of the Army’s health department may distribute the medications or products that they stock only to other companies or entities that are authorised to distribute them in bulk, or to natural persons or legal entities authorised to dispense them… … "
We ask you to provide us with:
- either the license to open your pharmacy;
- or the authorisation given by the Local Public Health Authorities proving your status as a pharmacy.
These documents must be transmitted to us in French (sworn translation).
Article 1 - Application and binding effect of the general terms and conditions of sale
These general terms and conditions of sale apply without limitation or reservation to all of the products offered for sale by CERP ROUEN SA, the registered office of which is located at 39 rue des augustins 76000 ROUEN
The fact that CERP ROUEN does not at any particular time insist upon compliance with one of these general terms and conditions does not mean that CERP ROUEN waives the right to subsequently insist upon such compliance.
Should any of these general terms and conditions of sale be declared null and void or deemed to be nonexistent, all of the other provisions shall remain in force and effect.
Article 2 - Orders
2-1- Orders
The placement of an order implies compliance by the purchaser with the legal terms and conditions, particularly with respect to the French pharmaceutical regulations.
Orders are definitive only after the Purchaser’s written confirmation (fax, letter, internet). CERP ROUEN’s acceptance may be indicated by shipment of the order.
2-2 - Minimum value of order
An order must be for a minimum of € 1,500, otherwise CERP ROUEN may refuse it.
2-3 - Modification or cancellation of orders
Any modification or cancellation of an order at the purchaser’s initiative shall be taken into account only after CERP ROUEN’s express agreement.
Article 3 - Delivery
3-1 - Terms
Ordered products shall be made available to the purchaser after a notice thereof in one of CERP ROUEN’s agencies specifying that the purchaser has 10 days within which to pick up the products.
Thereafter, CERP ROUEN will consider that the sale is unilaterally cancelled by the purchaser, and will retain instalments that have been paid.
In accordance with the French Regulations, the purchaser commits to remove and destroy the labels appearing on boxes.
The products travel at the addressee’s risk.
CERP ROUEN may make partial or total delivery. If delivery does not occur within 6 months after the date specifying delivery, the sale may be cancelled upon the request of either party. CERP ROUEN is authorised to refuse delivery to a customer that is not current with its obligations.
3-2 - Risks and complaints
The transfer of risks in products occurs upon their departure from CERP ROUEN’s warehouses.
Ordered products travel at the purchaser’s risk and peril.
If an order contains damaged products or if products are missing, the purchaser may submit its complaints and reservations to the carrier by extrajudicial document or by registered letter with an acknowledgement of receipt within 3 days of receipt of the products, which includes sales effectuated Free on Board.
Any complaint regarding apparent defects in delivered products, or their nonconformity with the order that was placed, must be submitted by registered letter with an acknowledgement of receipt to CERP ROUEN’s Export Department within 8 days of arrival of the products.
The purchaser must prove the existence of defects or abnormalities that it has observed in products, and shall facilitate CERP ROUEN’s work in the examination of said purported defects and, if such is possible, in the correction thereof.
Article 4 - Returns
Any return must be agreed to by CERP ROUEN. The costs and risks of return are to be covered by the purchaser. In the absence of agreement, the products shall remain at the purchaser’s disposal for 8 days, and shall not entitle it to a credit. Any return agreed to by CERP ROUEN entitles the purchaser to a credit after verification of the quantity and quality of the returned products.
Article 5 - Prices
The sale prices are those that appear on the tariff applicable on the date of the order (packaging included). They are established in the net amount. Any incidental expenses are to be covered by the purchaser.
Article 6 - Payment
6-1 Terms
Invoices are to be paid within thirty (30) days, end of the month. In some cases, CERP ROUEN may require payment upon placement of the order. Discounts are not given for early payments. Payment shall be made in euros to the CERP ROUEN’s address indicated on the contractual document.
Payment is to be made by bank or postal cheque, bank transfer, automatic withdrawal, postal order, letter of exchange, bill of exchange or an irrevocable letter of credit confirmed by a French bank. Payment is to be made in euros unless CERP ROUEN gives its written authorisation for payment in another currency.
6-2 - Tardiness
In the event that payment is not made by the due date, CERP ROUEN may immediately suspend all commercial relationships. All sums due must be paid immediately in their entirety. Interest on arrears calculated at two and a half times the French interest legal rate is automatically payable, without prior notice, from the due date to the date of deposit in CERP ROUEN’s account. Any partial payment shall be credited first to interest and then to the principal, it being understood that interest shall be computed by full periods of 30 days.
6-3 - Default
In the event of a default of payment forty-eight hours after a notice to pay has gone unheeded, CERP ROUEN may as a matter of absolute right cancel the sale and demand in urgent application return of the products. This cancellation shall be effective for all unpaid orders, whether they are earlier order or orders in process, whether they are delivered or in the course of being delivered, and whether or not payment with respect thereto has fallen due.
6-4 - Billing error
Any complaint regarding billing errors must be reported to CERP ROUEN within 5 days of receipt of the invoice.
Article 7 - Reservation of ownership
The products remain CERP ROUEN’s property until full payment of the price.
In the event of a failure to pay on the due date, CERP ROUEN may thus require, by registered letter with an acknowledgement of receipt, that the products be returned.
The purchaser shall bear the costs of returning the products and of applying this provision, as well as any possible legal costs.
Article 8 - Guarantee
CERP ROUEN reserves the right to require security for payment or payment in cash prior to execution on the sale.
Article 9 - Force Majeure
In the event of force majeure as defined by French statutory and case law, the obligations subscribed by the parties shall purely and simply be suspended. If the event of force majeure continues for more than three months, the sale shall automatically be cancelled without either party having the right to claim indemnification.
Article 10 - Jurisdiction
Only the Commercial Court of Rouen shall have jurisdiction for adjudicating disputes regarding the construction, execution or rescission of this contract, and any such adjudication shall be pursuant to French law, even in the case of a multiplicity of defendants or an action for enforcement of a guarantee.
Article 11 - Protection of personal data
In accordance with the Act of 6 January 1978, the collection of nominative data regarding our customers may be processed by computerized means.
Information asked of customers may be mandatory or optional.
Collected data are intended for CERP ROUEN for statistical purposes. No personal data will be provided to third parties.
Any customer may exercise its right of access, modification, correction or deletion of information that relates to it, by contacting the CERP ROUEN registered office.