Terms of sale for deliveries to businesses authorised to purchase under §47 AMG.
This is a translation for convenience. Sanicura Medical GmbH is a German company; in the event of any discrepancy, the German version shall prevail.
These Terms and Conditions (T&Cs) apply to all deliveries and services provided by Sanicura Medical GmbH, Weissacher Strasse 10, 01623 Lommatzsch, Germany (hereinafter "Sanicura") to entrepreneurs within the meaning of §14 of the German Civil Code (BGB), legal entities under public law and special funds under public law (hereinafter "Customer").
No contract is concluded with consumers within the meaning of §13 BGB via this website. Consumers are supplied through the online shop at www.sanicura-medical.de, where separate terms apply.
Conflicting or supplementary terms and conditions of the Customer are hereby rejected; they only become part of the contract if Sanicura has expressly consented to their validity in text form. This also applies if Sanicura delivers without reservation while aware of conflicting terms.
Sanicura holds an authorisation for the wholesale distribution of medicinal products pursuant to §52a AMG (DE_SN_01_WDA_2023_0013 / 26-5117/1) and operates in accordance with the EU Guidelines on Good Distribution Practice (GDP, 2013/C 343/01).
Medicinal products are supplied exclusively to recipients authorised to purchase under §47 AMG. Before the first delivery, Sanicura verifies the Customer's authorisation (customer qualification). For this purpose the Customer shall submit the required evidence on request, in particular licences, operating permits or certificates of professional qualification, and warrants its accuracy.
The Customer shall inform Sanicura without delay in text form if its purchase authorisation lapses, is restricted or is suspended. Sanicura is entitled to discontinue deliveries without notice if the purchase authorisation is not or no longer evidenced.
The Customer shall ensure that it passes on the goods purchased only within the scope of the medicinal products and medical devices legislation applicable to it.
Presentations on this website are non-binding and do not constitute a legally binding offer. They are addressed to healthcare professionals and serve information purposes.
A contract is concluded when Sanicura confirms an order from the Customer in text form or delivers the goods. Unless expressly designated otherwise, offers made by Sanicura are subject to change and valid for 14 days.
Ancillary agreements, amendments and additions require text form to be effective.
The prices stated in the order confirmation apply. All prices are net prices plus statutory VAT at the applicable rate and, unless agreed otherwise, ex warehouse Lommatzsch plus packaging, freight and any cold-chain surcharges.
Unless agreed otherwise, invoices are payable without deduction within 14 days of the invoice date. For first orders and export business, Sanicura may require advance payment.
If the Customer is in default of payment, Sanicura is entitled to charge default interest at the statutory rate. The assertion of further damages remains reserved.
The Customer may only offset claims that are undisputed or have been established with legal effect. The Customer is only entitled to a right of retention insofar as it is based on the same contractual relationship.
Delivery periods are deemed approximate unless expressly designated as binding. Partial deliveries are permitted insofar as they are reasonable for the Customer.
Dispatch takes place in accordance with the requirements of Good Distribution Practice. Temperature-controlled goods are shipped in validated packaging systems; the temperature profile is documented and can be evidenced on request.
The risk of accidental loss and accidental deterioration passes to the Customer as soon as Sanicura has handed the goods over to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. In the case of collection, risk passes upon handover to the Customer or to the carrier commissioned by the Customer.
Collection at Weissacher Strasse 10, 01623 Lommatzsch is possible by prior arrangement.
The goods remain the property of Sanicura until payment has been made in full. Sanicura retains title to the goods until all claims arising from an ongoing business relationship have been settled in full.
The Customer may resell the goods subject to retention of title in the ordinary course of business; the Customer hereby assigns to Sanicura in advance all claims arising from such resale in the amount of the invoice value — irrespective of any combination or mixing of the goods subject to retention of title with a new item — and Sanicura accepts this assignment. The Customer remains authorised to collect the claims; however, Sanicura may also collect claims itself if the Customer fails to meet its payment obligations.
Sanicura shall release the securities to which it is entitled at the Customer's request insofar as the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.
The Customer shall inspect the goods without delay upon delivery for completeness, identity and recognisable damage and — in the case of temperature-controlled goods — for compliance with the transport temperature.
The duty to inspect and give notice of defects set out in §377 of the German Commercial Code (HGB) applies. If the Customer fails to give the notice provided for therein, the goods are deemed approved unless the defect was not recognisable during inspection. This does not apply if Sanicura fraudulently concealed a defect.
Obvious transport damage must additionally be reported to the deliverer without delay and notified to Sanicura.
Unless expressly agreed otherwise below, the statutory law on liability for defects applies.
Only Sanicura's own statements and the manufacturer's product descriptions incorporated into the contract are deemed an agreement on the quality of the goods; Sanicura accepts no liability for public statements by the manufacturer or other advertising claims.
The limitation period for claims for defects in newly manufactured items is one year from the passing of risk. The statutory limitation periods for recourse claims under §445a BGB remain unaffected.
The above limitations and shortened periods do not apply to claims for damages caused by Sanicura, its legal representatives or vicarious agents in cases of injury to life, body or health, in cases of intentional or grossly negligent breach of duty or fraudulent intent, in cases of breach of material contractual obligations (cardinal obligations), within the scope of a guarantee where agreed, or where the German Product Liability Act applies.
Delivered medicinal products and medical devices may only be returned with Sanicura's prior approval in text form. Returns delivered without approval cannot be accepted.
Returned goods can only be transferred back into saleable stock if the requirements of Good Distribution Practice are met — in particular undamaged original packaging, sufficient remaining shelf life and complete evidence that the prescribed storage conditions were maintained at the Customer's premises throughout. The Customer bears the burden of proof.
There is no entitlement to the return of goods delivered without defect.
The Customer is obliged to cooperate in recalls and batch traceability and to provide the necessary information without delay. The Customer shall maintain its goods receipt documentation in such a way that complete traceability is possible.
If falsified medicinal products are suspected, the Customer shall immediately segregate the affected goods, refrain from any further supply and inform Sanicura immediately. The Customer's statutory reporting and documentation obligations remain unaffected.
Sanicura is liable without limitation for claims for damages caused by Sanicura, its legal representatives or vicarious agents in cases of injury to life, body or health, in cases of intentional or grossly negligent breach of duty, and in the case of guarantees where agreed, or where the German Product Liability Act applies.
In the event of a slightly negligent breach of material contractual obligations, the fulfilment of which is essential to the proper performance of the contract and on the observance of which the contracting party may regularly rely (cardinal obligations), liability is limited in amount to the damage foreseeable at the time the contract was concluded and typical for this type of contract.
All other claims for damages are excluded.
Deliveries to countries outside the European Union are subject to the granting of any required approvals and to compliance with the applicable foreign trade, customs and medicinal products regulations.
The Customer is responsible for ensuring that the import and placing on the market of the goods is permissible in the country of destination and that the necessary authorisations are in place. The Customer shall indemnify Sanicura against third-party claims arising from a breach of these obligations.
Events of force majeure — in particular official measures, supply shortages at the manufacturer, epidemics, shortages of energy or raw materials, industrial action and transport disruptions — release Sanicura from its obligation to perform for the duration of the disruption and to the extent of its effect. Sanicura will inform the Customer without delay. If the disruption lasts longer than three months, both parties are entitled to withdraw from the contract.
Sanicura processes the Customer's personal data exclusively within the framework of applicable data protection legislation. Details can be found in the privacy policy.
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If the Customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Sanicura's registered office. Sanicura is additionally entitled to bring an action at the Customer's general place of jurisdiction.
Should any provision of these T&Cs be or become invalid, the validity of the remaining provisions shall remain unaffected.
Last updated: August 2026
