Terms of use for the pharmacy portal

1. Scope

The portal is intended exclusively for pharmacies based in Germany that hold a licence to operate a pharmacy. The pharmacy uses the portal as a business (section 14 BGB); consumers and patients cannot use it.

Only these terms apply. The pharmacy’s own general terms and conditions do not apply, even if we do not expressly object to them. For delivery and invoicing, the distribution partner’s terms also apply (section 6).

2. Registration and review

The pharmacist in charge, or a person authorised by them, registers on behalf of the pharmacy. The details must be correct and complete. The pharmacy tells us without delay about any changes, in particular to the operating licence, the pharmacist in charge or the address.

We review every registration against the operating licence and compare the details with the pharmacy register of the competent chamber of pharmacists. Only after a successful review do we give access to product information and ordering. There is no entitlement to activation.

Registration and use of the portal are free of charge for the pharmacy.

3. Access

We set up one portal login for each pharmacy; we do not issue further logins.

The pharmacy keeps its login details confidential and protects them against unauthorised access. It ensures that only persons authorised to act for it use the login, and it is responsible for declarations made through its login. If it suspects misuse, it changes the password and informs us without delay at pharmacy@kapcura.com.

4. Portal content and healthcare professionals

Product information in the portal, such as batch details, certificates of analysis and commercial terms, is intended exclusively for activated pharmacies. Prescription-only medicines may be advertised only to healthcare professionals, including pharmacists (section 10(1) HWG).

The pharmacy makes this information available only to people in the pharmacy who need it for their work and does not pass it on to patients or the public, in particular not on websites, in social media or in promotional material. Information and advice when dispensing on a medical prescription remain unaffected.

Details of a batch before its release are planning values and may change. The values on the certificate of analysis of the released batch are binding.

5. Pre-orders

A pre-order is a non-binding letter of intent from the pharmacy for an upcoming batch. It is subject to batch release and obliges neither the pharmacy to buy nor us to deliver. The pharmacy can withdraw a pre-order in the portal.

We confirm or decline pre-orders and inform the pharmacy by email. Even a confirmed pre-order does not reserve stock. Once the batch can be ordered, the pharmacy adds the quantity to an order request (section 6).

6. Order requests and orders

The pharmacy orders batches that can be ordered through an order request. The order request is non-binding. We review it and approve or reject it; until it is confirmed, the pharmacy can withdraw and change it.

An order becomes binding only when we have approved the order request and the pharmacy then confirms it in the portal. With this confirmation, the purchase contract is concluded with our distribution partner.

Delivery and invoicing are handled by our distribution partner, a pharmaceutical wholesaler based in Germany with a wholesale licence, under its own terms of delivery and payment. We tell the pharmacy the distribution partner’s name and terms before its first order.

7. Operation of the portal

We aim to run the portal without interruptions, but do not guarantee that it is always reachable. Maintenance, security measures and faults may temporarily limit its use. We may change or discontinue portal functions where this is reasonable for the pharmacy; binding orders remain unaffected.

8. Suspension and termination

We may suspend the login if the operating licence expires, is suspended or can no longer be shown, if details are incorrect, if we suspect misuse of the login, or if these terms are breached, in particular section 4. Suspension ends all sessions; we inform the pharmacy by email.

The pharmacy can stop using the portal at any time and ask us to delete its login. We may end the use of the portal with four weeks’ notice; the right to terminate for good cause remains unaffected. The privacy notice governs the deletion of data.

9. Liability

We are liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, and under the Product Liability Act and the Medicinal Products Act. For a slightly negligent breach of an obligation whose fulfilment makes the proper use of the portal possible in the first place and on whose fulfilment the pharmacy may rely, our liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.

10. Changes to these terms

We may change these terms with effect for the future if the law or the portal changes. We inform the pharmacy of changes by email at least six weeks before they take effect. If the pharmacy does not object before they take effect, the changes are deemed accepted; we point this out in the notice. If it objects, either side may end the use of the portal.

11. Governing law and place of jurisdiction

The law of the Federal Republic of Germany applies.

If the pharmacy is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the use of the portal is Berlin.