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General terms and conditions 

General Pharmacy Sales and Payment Terms

Filed by the Royal Dutch Pharmacists Association (KNMP), located in The Hague, at the Chamber of Commerce Haaglanden in The Hague on February 11, 2009 (40 409 373).

Applicability

1. These terms apply to all agreements concerning the sale, distance selling as referred to in article 7:46a of the Dutch Civil Code, delivery, and lending of products by the pharmacy, for which payment has not been made in cash.

Delivery Terms

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 accept the product unless it does not conform to the agreement as referred to in article 7:18 of the Dutch Civil Code.

3. If a product is provided on loan by the pharmacy, a deposit equal to the pharmacy sales price is required. This deposit will be refunded if the product is returned in good condition at the end of the loan period.

4. Products will only be taken back for destruction. No refund will be provided.

Payment Terms

5. Notwithstanding article 6, the patient/consumer shall pay the pharmacy using a legal payment method in the Netherlands within 14 days of the invoice date.

6. If the pharmacy collects payment directly from the patient’s/consumer’s health insurer, the pharmacy retains the right to request payment from the patient/consumer if the insurer does not pay on time. Payment must then be made by the patient/consumer within 14 days after the pharmacy has submitted a payment request.

7. If the patient/consumer fails to pay on time, they will be in default by operation of law. In that case, interest is due. For consumer sales, the statutory interest applies. In other cases, an interest of 1% per month is due unless the statutory interest is higher, in which case the statutory interest applies. The interest will be calculated from the moment of default until full payment has been made.

8. The pharmacy is entitled to allocate payments first to costs, then to accrued interest, and finally to the principal sum and current interest.

9. The pharmacy may refuse a payment if the patient/consumer specifies a different allocation order. The pharmacy may also refuse full repayment of the principal if accrued interest and collection costs are not paid at the same time.

10. Objections to the invoice amount do not suspend the payment obligation.

11. If the patient/consumer is in default, all reasonable costs incurred for collection are payable by the patient/consumer. These out-of-court costs are calculated based on the standards customary in the Dutch debt collection practice, currently according to the Voorwerk II Report. Higher necessary collection costs will also be charged. Any legal and enforcement costs will likewise be charged. Interest is also payable on the collection costs.

12. Unless proven otherwise, the pharmacy's invoice and related administrative data serve as full evidence, obligating payment by the debtor.

 

 

Applicable Law and Disputes

13. Dutch law applies to the agreements referred to in article 1 of these terms.

14. All disputes will be submitted to the competent Dutch court. Dutch law applies.

Location and Amendments

15. These terms are filed at the Chamber of Commerce Haaglanden.

16. The most recently filed version applies.

Explanation for the patient/consumer regarding the general sales and payment terms

To clarify rights and obligations, the Royal Dutch Pharmacists Association (KNMP) has drawn up these general sales and payment terms. These terms supplement the general provisions of the Dutch Civil Code. Unless otherwise agreed, these terms apply and are binding.

 

The general terms apply if you purchase on account from the pharmacy and not directly through your insurer (as applies with most health insurers). If your insurer does not pay, the pharmacy may still request payment from you.

 

The terms will be provided before or at the time of the agreement. In many cases, they are also posted in the public area of the pharmacy or on the pharmacy’s website.

 

The most important rule: invoices must be paid no later than 14 days after the invoice date. If you fail to pay on time, additional costs may apply. If you order something that is not in stock, you are obliged to purchase and pay for it unless it does not match what you ordered.

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