1. These conditions apply to all agreements with regard to purchase, including distance selling, including the handing over, delivery and loan of products by the pharmacy, the payment of which has not been made directly (cashless or cashless) via this website ( https://serpha.eu/) by us, the pharmacy, of Nij Apotheek BV (hereinafter: “Serpha” or “the pharmacy”), with its registered office at Ripseweg 9 (5424SM) in Elsendorp, registered in the Chamber of Commerce under number 69986614 and with Dutch VAT number NL858092207B01 to you, the patient / consumer. offered.
Terms of delivery
2. If a product is not in stock and has been ordered or prepared by the pharmacy at the request of the patient / consumer, the patient / consumer is obliged to purchase the product, unless a product does not meet the agreement in the sense of the BW.
3. If a product is loaned by the pharmacy, a deposit is due equal to the pharmacy sales price. This deposit will be refunded if a product is returned to the pharmacy in good condition at the end of the loan agreement.
4. Products are only taken back for destruction. There will be no refund of costs.
Terms of payment
5. Insofar as the pharmacy applies directly to the health insurer of the patient / consumer for collection of its claim, the pharmacy reserves the right to demand payment from the patient / consumer insofar as the health insurer does not pay the delivered goods in time.
In such a case, payment by the patient / consumer must be made within 14 days after the pharmacy has made a request for payment.
6. If the patient / consumer fails to pay an invoice on time, the patient / consumer will be in default by operation of law. The patient / consumer will then owe interest. In the case of consumer purchase, the interest is equal to the statutory interest. In other cases, the patient / consumer owes an interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the claimable amount will be calculated from the moment that the patient / consumer is in default until the moment of payment of the full amount due.
7. 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 still due and finally to reduce the principal and accrued interest.
8. The pharmacy can, without being in default, refuse an offer of payment if the patient / consumer designates a different order for the allocation of the payment. The pharmacy can refuse full payment of the principal, if the outstanding and accrued interest and collection costs are not also paid.
9. Objections to the amount of an invoice do not suspend the payment obligation.
10. Unless otherwise stipulated 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 for distance selling, or in the absence of a reflection period within 14 days. days after the conclusion of the agreement. In the event of an agreement to provide a service, this period commences on the day after the patient / consumer has received confirmation of the agreement.
11. The patient / consumer has the right to withdraw from the contract within 14 days without giving any reason, unless the limitation in Article 15 applies. The withdrawal period expires 14 days after the day that the patient / consumer received the order or picked it up at the pharmacy.
12. In order to exercise the right of withdrawal, the patient / consumer informs us of the decision to withdraw from the contract by unambiguous statement (eg in writing by post, fax or e-mail). You can use the model form (https://serpha.eu/nl/right-of-withdrawal) for withdrawal, but you are not obliged to do so.
13. In order to comply with the withdrawal period, it is sufficient that the communication from the patient / consumer regarding the exercise of the right of withdrawal is sent before the withdrawal period has expired.
14. If the patient / consumer withdraws from the contract, he will receive all payments made in respect of the revoked order up to that time, including delivery costs (with the exception of any additional costs resulting from the choice of delivery method other than the cheapest standard delivery offered by the pharmacy) back from the pharmacy immediately and in any case no later than 14 days after the pharmacy has been informed of the decision to withdraw from the contract. Payment will be made with the same payment method with which the patient / consumer performed the original transaction, unless the patient / consumer has expressly agreed otherwise; in any case, the pharmacy will not charge any costs to the patient / consumer for reimbursement.
15. The right to cancel the purchase and return products as referred to in Articles 11 to 14 of the General Terms and Conditions does not apply to the delivery of products:
– that spoil quickly or that have a limited shelf life;
– which are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
The latter certainly applies to prescription drugs. Because pharmacies cannot check how the medicines are stored in people’s homes, it is not permitted to make them available again to another user. Returned medicines must be destroyed. For this reason, refund of the purchase amount is excluded.
16. When selling products to patients / consumers, the patient / consumer may never be obliged to pay more than 50% in advance. When prepayment is stipulated, the patient / consumer cannot assert any rights regarding the execution of the order or service (s) before the stipulated prepayment has taken place.
17. The patient / consumer has the duty to immediately report inaccuracies in payment details provided or stated to the pharmacy.
18. If the patient / consumer does not meet his payment obligation (s) in time, this is after he has been pointed out by the pharmacy about the late payment and the pharmacy has granted the patient / consumer a period of 14 days to still meet his to pay payment obligations, after payment has not been made within this 14-day period, statutory interest is due on the amount still owed and the pharmacy is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500, 10% on the next € 2,500, and 5% on the next € 5,000 and 1% on the next € 190,000.
The minimum amount of collection costs is € 40. The pharmacy can deviate from the aforementioned amounts and percentages for the benefit of the patient / consumer.
19. Barring proof to the contrary, the pharmacy declaration and the accompanying administration data serve as complete proof on the basis of which the patient / consumer is obliged to pay.
Applicable law and disputes
20. Dutch law applies to the agreements referred to in article 1 of these conditions.
21. All disputes of any kind, which concern or are related to an agreement subject to these conditions, will be brought before the competent Dutch court.
Offering medicines online
22. Online medicine providers must comply with all kinds of laws and regulations. The pharmacy is registered with and listed in the CIGB register of the Ministry of Health, Welfare and Sport (address: PO Box 16114, 2500 BC The Hague and can be found online at www.aanbiedersmedicijnen.nl).
Professional liability Insurance
23. The pharmacy has taken out professional liability insurance with Aon Nederland C.V., Admiraliteitskade 62, 3063 ED Rotterdam with coverage within the Netherlands.
Explanation for the patient / consumer about the general sales and payment conditions
To clarify the rights and obligations, the professional organization of pharmacists in the Netherlands, the Royal Dutch Society for the Promotion of Pharmacy (KNMP), has drawn up general terms and conditions of sale and payment. These general terms and conditions are derived from this and supplement the general rules of the Dutch 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 on account from the pharmacy and do not send the bill to your insurer (as with many health insurers) on the basis of agreements between your insurer and the pharmacies. If your insurer does not pay, the pharmacy may still request payment from you.
The terms will be announced to you before or at the conclusion of an agreement. In many cases you can also take note of the content of the conditions because they are hung in the public space of the pharmacy or on the pharmacy’s website.
The most important rule is that bills must be paid no later than 14 days after the date of the bill. If you do not pay on time, you have to take extra costs into account. Even if you have ordered something from the pharmacy that is not in stock, you are obliged to purchase and pay for the ordered, unless the ordered does not match what you ordered.