General Terms and Conditions

Scope of Application

These General Terms and Conditions (GTC) apply to all non-authorisable pharmaceuticals, services, and offers of Pure Pharma AG (hereinafter referred to as «Pure Pharma»). They regulate the contractual conditions between Pure Pharma and its customers. Deviating agreements require written approval from Pure Pharma. Conflicting terms and conditions of the customer are only valid if they have been expressly acknowledged in writing by Pure Pharma.

Offer and Conclusion of Contract

The presentation of products and services in catalogs, on the website, or in other promotional materials does not constitute a binding offer but an invitation to place an order.

A purchase contract is only concluded upon written confirmation by Pure Pharma or by delivery of the goods.

Pure Pharma reserves the right to refuse orders without stating reasons.

Prices and Payment

• Prices: All prices are quoted in Swiss francs (CHF), excluding value-added tax (VAT) and shipping costs, unless expressly stated otherwise.
• Retention of Title: Delivered goods remain the property of Pure Pharma until full payment has been received.
• Payment Deadlines: Payments are due no later than 10 days after the invoice date, unless otherwise agreed in writing.
• Default in Payment: In the event of late payment, default interest of 5% p.a. will be charged. In addition, Pure Pharma reserves the right to charge reminder fees and to call in debt collection service providers.
• Reference to GTC: The GTC are available to all customers and can be accessed through references on quotations, delivery notes, order confirmations, and invoices.

Delivery and Shipping

• Delivery Conditions: Delivery is only made to the registered address listed in the Medical Professions Register (MedReg). Direct delivery to patients is not permitted. Delivery times may vary and are not binding.
• Transfer of Risk: The risk of loss or damage passes to the customer upon handover of the goods to the carrier.
• Non-Availability: If a product is not available, the customer will be informed immediately, and any payments already made will be refunded.
• Delay in Delivery: If Pure Pharma is in default of delivery, the customer has the right to set a grace period. After the expiration of this period, the customer may withdraw from the contract if the goods have not been delivered. Further claims for damages remain excluded.

Return and Right of Withdrawal

Customers generally have no right of return for non-authorised pharmaceuticals.

Warranty and Liability

• Warranty: Pure Pharma guarantees that the non-authorisable pharmaceuticals for magistral prescriptions meet regulatory and official quality requirements and are free from material and production defects. Market release is granted accordingly.
• Limitation of Liability: Damage resulting from improper use of the products is excluded from liability.
• Force Majeure Clause: Pure Pharma is not liable for delays or non-deliveries caused by force majeure, natural disasters, pandemics, or official measures. In such cases, the customer will be informed immediately.
• Damages: Claims for damages are limited to foreseeable damage and are excluded unless they are based on intent or gross negligence by Pure Pharma.

Procedure in Case of Disputes

• Negotiation: Disputes should initially be resolved through negotiations between the parties.
• Jurisdiction: If no agreement is reached, the place of jurisdiction is at the registered office of Pure Pharma in Laufenburg. Swiss law exclusively applies.
• Choice of Law for International Customers: For international customers, Swiss law applies regardless of their country of origin. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

Compliance and Regulatory Requirements

These GTC actively address issues such as returns, payments, and liability, as required by GMP guidelines.

The GTC promote transparency and clarity to ensure customer satisfaction and avoid legal conflicts.

The content is adapted to comply with legal and regulatory requirements to ensure conformity.

Pure Pharma ensures that all non-authorisable pharmaceuticals comply with applicable regulations and legal requirements (e.g., GACP, GMP, GDP) in Switzerland.

Data Protection

The processing of personal data is carried out in accordance with Pure Pharma’s privacy policy. Data is treated confidentially and only used for contractual purposes.

Disclosure to third parties only takes place if necessary for contract fulfillment (e.g., logistics partners) or if required by law.

Changes to the GTC

Pure Pharma reserves the right to change these GTC at any time. Changes will be published on the website and will take effect upon publication.

Customers who continue to order non-authorisable pharmaceuticals for magistral prescriptions after the publication of changes accept the new GTC by placing their orders.

Final Provisions

Should individual provisions of these GTC be invalid, the remaining provisions shall remain unaffected.

In place of the invalid provision, a regulation that comes closest to the economic purpose shall apply.