Terms and Conditions
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Basic provisions
- These general terms and conditions of the digital platform DrugPrice, which is operated by the company Pharm-In, spol. s r.o., with its registered office at CBC V Karadžičova 16, 821 08 Bratislava, Slovak Republic, ID number: 44186436 (hereinafter referred to as the "Operator"), establish the mutual rights and obligations of the Contracting Parties that arise in connection with or on the basis of a contract concluded between the Operator, a natural person - an entrepreneur or a legal entity, who ordered the Service offered by the Operator (hereinafter referred to as the "Client") in the manner specified in point 3.2. Business terms and conditions (hereinafter referred to as the "Agreement") (hereinafter referred to as the "Terms and Conditions").
- On the basis of the Agreement, the Operator undertakes to provide the Client with the Service properly and on time, which is understood as provision of information about medicines and especially about their prices according to information published in national databases about the price of medicines (hereinafter referred to as the "Service").
- The contracting parties undertake to provide each other with all cooperation necessary for the proper and timely fulfillment of the obligations arising from the Contract (including these Terms and Conditions).
- The operator provides the Service globally.
- By sending the Order, the Client confirms that he has familiarized himself with these Terms and Conditions in the version valid and effective at the time of ordering the Service.
- Definitions of terms used in these Terms and Conditions and provisions governing the interpretation of these Terms and Conditions are set out in Article 2 of these Terms and Conditions.
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Terms written with an initial capital letter have the following meaning in these Terms and Conditions:
- The price means the one-time remuneration for the provision of individual types of Service, which is paid by the Client who is interested in the Service.
- Price list means a valid overview of the prices of individual types of offered Service published on the Operator's website in the "Price list" section.
- The e-mail address of the Operator means the following e-mail address: erika.osuska@pharmin.sk. Client means a natural person - an entrepreneur or a legal entity who concluded a Contract with the Operator by activating the Service in the manner specified in the Business Terms and Conditions. The Commercial Code means Act No. 513/1991 Coll. Commercial Code of Slovak Republic as amended.
- The order represents an online order for the Service of the Operator.
- Website means the website of the Operator located at the Internet address: https://drug-price.com/.
- Contractual parties means the Operator and the Client, and each individually as a Contractual Party.
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Service
- The Operator's service consists in providing access to the database of information on medicines according to the national database of information on the prices of medicines.
- The accessible database contains information about drug name, country, ATC group, drug form, strength, package, price level, price in euro, price in local currency, therapeutic areas, manufacturer or importer.
- The information in the accessible database is listed exactly according to the information published in national databases.
- Information is filled in to the extent that the national database allows. If the information is not filled in, the national database did not allow it.
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Service price and payment terms
- The price for individual types of offered Service with VAT is stated in the Price List on the Operator's Website valid at the time of conclusion of the Agreement, unless otherwise agreed. The operator reserves the right to update the Price List at any time, while updating the Price List invalidates the previous Price List.
- The price for the Service is paid by non-cash payment on the basis of an invoice issued by the Operator to the Operator's bank account. After successful payment of the Service Price and crediting of funds corresponding to the Service Price to the Operator's bank account, the Client will receive an e-mail message confirming payment of the Service Price to the e-mail address specified in the Order.
- The Operator may, at its own discretion, provide a discount from the Service Price, a discounted offer, or promo code for Services. Current discounts and special offers will be listed on the Operator's website.
- If the Client defaults on any of his monetary debt towards the Operator, the Operator is not obliged to provide the Service to the Client, until the Client's monetary debt is properly settled.
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Conclusion of the Agreement or duration of the Agreement
- The contract between the Client and the Operator is concluded at the moment of activation of the Service by the Client, while by activating the Service, the Client expresses his consent to these Terms and Conditions.
- In the event that, after the conclusion of the Agreement, the circumstances that preceded the conclusion of the Agreement change to such an extent that performance becomes more difficult for the Operator, especially in the case of increased costs of the Operator for performance, the Operator has the right to demand from the Client the renewal of negotiations on the Agreement, unless (i) The Operator could not reasonably anticipate or exclude the change and (ii) the change occurred only after the conclusion of the Agreement, or became known to the Operator only after the conclusion of the Agreement. In such a case, the operator is entitled to postpone the performance for a reasonable period of time. If the Contracting Parties do not agree within a reasonable period of time to amend the Contract, which will restore the balance of rights and obligations of the Contracting Parties, any of the Contracting Parties is entitled to withdraw from the Contract.
- The contract is concluded for an indefinite period.
- Each of the Contracting Parties is entitled to terminate the Agreement without giving a reason, by delivering the termination of the Agreement in the form of an e-mail message to the e-mail address of the other Contracting Party. In this case, the duration of the Agreement ends on the last day of the month for which the Service Price was paid by the Client.
- The contracting parties have the right to withdraw from the Contract only for the reasons stated in these Terms and Conditions and the reasons resulting from applicable legal regulations. Withdrawal from the Agreement is effective upon delivery to the e-mail address of the other Contracting Party.
- The Operator is also entitled to withdraw from the Agreement if special circumstances or obstacles that occur independently of his will and prevent him from fulfilling his obligations, in which it is not possible to reasonably assume at the time of the conclusion of the Agreement that the Operator would avert or overcome this obstacle or its consequences, and furthermore, that at the time of the origination of the obligation this obstacle foreseen (vis maior/force majeure), in particular lack of energy or utilities, strike, lockout, official measure or delay or failure of sub-supplies, but also epidemics, pandemics, etc. diseases, which also includes the current situation associated with the spread of the COVID-19 virus pandemic (in this case, it also applies to obstacles that were foreseeable at the time the Agreement was concluded).
- Before withdrawing from the Agreement, the Operator undertakes to make reasonable efforts to eliminate extraordinary circumstances or obstacles, so that it is possible to resume the fulfillment of his obligations in terms of the Business Terms and Conditions, and he is obliged to immediately notify the Client of the occurrence and subsequent termination of the circumstances or obstacles. The Operator is not liable to the Client for any direct, indirect or consequential damages and costs resulting from or related to failure to fulfill obligations due to force majeure.
- In the event of withdrawal from the Agreement by one of the Contracting Parties during the duration of the Agreement before the end of the month for which the Client paid the Service Price to the Operator, the Operator will return to the Client an aliquot part of the Service Price no later than fourteen (14) days from the delivery of the withdrawal to the bank account (or payment card). , which the Client used when paying the Service Price (depending on the Client's respective bank).
- Termination or withdrawal from the Agreement shall be sent by the Contracting Party to the e-mail address of the other Contracting Party in the form of an e-mail message, in which it shall state: your identification data; order number; in case of withdrawal from the Contract, the reasons for withdrawal and a reference to the relevant provision of the Terms and Conditions or the legal regulation establishing the right of the Contracting Party to withdraw from the Contract.
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Special provisions
- The rights and obligations of the Contracting Parties regarding rights from defective performance are governed by the relevant generally binding legal regulations, in particular the provisions of the Commercial Code, while the Client acknowledges that:
- The operator does not provide a guarantee for the quality and functionality of the provided Service,
- The Operator is not responsible for the non-functionality and unavailability of the communication infrastructure, nor for the activities of the operators of communication networks, through which the Client obtains the information,
- The operator is not responsible for reducing the quality of the Service, or non-provision of the Service due to the Client's violation of the contractual terms and conditions.
- The Client is aware that ordering the Service does not give him any rights to use registered brands, trade names, company logos, trademarks, or patents of the Operator, unless otherwise agreed in a specific contract. All photos, images, video and sound recordings displayed on the Website are only illustrative and are not a model or a sample determining the quality or method of providing the Service.
- The rights and obligations of the Contracting Parties regarding rights from defective performance are governed by the relevant generally binding legal regulations, in particular the provisions of the Commercial Code, while the Client acknowledges that:
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Privacy
- The Client's consent to the processing of personal data according to the Agreement is not required, as it is the processing of personal data that is necessary for the fulfillment of the Agreement according to Article 6, paragraph 1. letter b) Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (General Data Protection Regulation).
- The Operator is entitled to process the personal data of the Client's representatives to the extent according to the Agreement for the purposes of processing accounting documents and bookkeeping and other operational purposes.
- By accepting these Terms and Conditions, the client also agrees to the content of the contract between the operator and the intermediary within the meaning of para. § 34 par. 3 of Act No. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws as amended, which is concluded between the Client and the Operator and the full text of which can be found on the Operator's website at section Privacy Policy.
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Final provisions
- The contracting parties undertake to resolve any disputes by mutual agreement. If this is not possible, the courts of the Slovak Republic will be responsible for deciding disputes.
- If any provision of the Agreement (including these Terms and Conditions) is invalid or ineffective, or becomes so, the invalid provisions will be replaced by provisions whose meaning is as close as possible to the invalid or ineffective provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions of the Agreement.
- The Operator reserves the right to unilaterally change the Terms and Conditions, as well as other documents of the Operator that are related to the Terms and Conditions, without the prior consent of the Client. If the Operator changes the Business Terms, it will notify the Client at least one (1) month in advance via e-mail. In such a case, the Client has the right to terminate the Contract according to the conditions specified in these Terms and Conditions. The current version of the Business Terms and Conditions will be published on the Website and the Client will be notified to familiarize himself with the current version of the Business Terms and Conditions, which will be binding for the Client, before activating the Service.
- These Terms and Conditions are effective from 1st March 2024.