Gib hier deine Überschrift ein

Gib hier deine Überschrift ein

Gib hier deine Überschrift ein

Legal Notice

Legal Notice

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+49 351 833991000

+49 351 833991020


+49 176 40723335

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Kynelion Pharma Group is a contractual joint-venture, founded by the three companies
cotectra GmbH, Schirmen Pharmaceuticals GmbH and Bio-Synergix International ltd.
Cotectra GmbH
Business address:
Cotectra GmbH
Kynelion Pharma Group
Pharmapark Radebeul (Haus 1)
Meissner Strasse 191
01445 Radebeul
office: +49 351 833991020
mobile: +49 176 40723335
e-mail us:
Managing Directors: Dr. John Medina and Daniel Daemmig
Register number: HRB 38810
Register Court: Dresden
VAT Ident No: DE323543499
Registration as pharmaceutical broker:
Übersicht der Arzneimittel-Vermittler in Deutschland (
Schirmen Pharmaceuticals GmbH
Business address:
Schirmen Pharmaceuticals GmbH
Kynelion Pharma Group
Breite Straße 11
01796 Pirna
office: +49 3501 4666 727
mobile: +49 152 03811414
e-mail us:
Managing Director: Armand Colin Biwole
Register number: HRB 38880
Register Court: Dresden
VAT Ident No: DE323864561
Schirmen is a certified wholesaler. Wholesale permission:
Großhandelserlaubnis mit Arzneimitteln nach §52a AMG, Nr.: DE_SN_01/26-5117/292 von Landesdirektion Sachsen am 13.07.2020
Bio-Synergix International ltd.
Business address:
Bio-Synergix International ltd.
Kynelion Pharma Group
14 Redwoods, Welwyn Garden City,
Herts. AL87NR.
United Kingdom
office: +44 (0) 1707954645
mobile: +44 (0) 7748115453
e-mail us:
VAT Ident No: 9832622321
Managing Director: Manuel C. Kirk
Company registration number in England and Wales: 11848188
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All content copyright © 2023 Kynelion Pharma Group (KPG) and all associated companies. All rights reserved

ATTENTION: This legal notice applies to the entire contents of all Kynelion Pharma Group websites. (“Site”) and to any correspondence by e-mail between Kynelion Pharma Group and any User (as defined below). Please read these terms and conditions carefully before using the Site. Use of the Site indicates that you accept these terms and conditions regardless of whether or not you choose to register with us. If you do not accept these terms and conditions please do not use this Site.

Prior to use of the Site please visit and read the following pages:

1. Introduction.

These terms and conditions (“User Terms”) apply to all persons who access the Site (“User”). By accessing the Site, each User acknowledges acceptance of these terms and conditions. Kynelion Pharma Group and all associated companies (“KPG”) reserves the right to change these User Terms from time to time at its sole discretion without prior notification. Any change will be deemed to take effect twenty-four (24) hours after posting on the Site and will be deemed to be accepted by Users who continue to access the Site thereafter. In the case of any violation of these User Terms, KPG reserves the right to seek all remedies available by law and in equity for such violations.

2. Ownership and Copyright.

2.1 All documents, information or materials (“Information”) on the Site are protected by copyright and, unless indicated otherwise, at all times remain the property of KPG , including such pages and documents subsequently viewed. Subject to paragraph 2.2 below, no portion of the Information on the Site may be reproduced in any form, or by any means, without prior written permission from KPG . Visitors or users are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on this site for any public or commercial purposes whatsoever.

2.2 Users shall be permitted to reproduce the information on this Site (but not the computer source or object code or any part thereof, copy or use of which is strictly forbidden) for the purposes of the Users own personal research or private study.). This permission is granted on the basis that:

(a) no text or related graphics are modified in any way;

(b) no graphics are used separately from the corresponding text; and

(c) All text and graphics are to be clearly and conspicuously marked with KPG copyright notice as follows: “Copyright © Kynelion Pharma Group (”

2.3 If any User breaches any term of this paragraph 2 his permission to use the Site automatically terminates and he must destroy any downloaded or printed extracts from the Site immediately.

2.4 Any rights not expressly granted in these User Terms are reserved.

3. Trademarks.

3.1 The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of KPG or other authorized third parties. Users are not permitted to use these Marks without the prior written consent of KPG or such third party (as appropriate).

3.2 Any use by KPG of third-party Marks on the Site does not imply any sponsorship or endorsement on the part of KPG of the products and/or services to which those Marks relate. Such Marks are only used by KPG to identify the products and/or services of their respective owners.

4. No Warranty.

KPG makes no warranty or representation as to the suitability of the Information or products contained or referred to in, or accessible from, the Site (“Site Information”), for any purpose. All Site Information is provided “as is” without warranty of any kind, either express or implied, including but not limited to, all warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. The Site Information could include inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes may be incorporated in new editions of the Site at any time without notice. ICE expressly disclaims liability for any errors or omissions in the Site Information contained or referred to in, or accessible from, the Site or any web-site linked to or from the Site.

5. Disclosure; Forward-Looking Statements.

Some of the information on the Site may contain projections or other forward-looking statements regarding future events or the future financial performance of KPG or companies which exhibit on the Site. We wish to caution you that these statements are only predictions and that actual events or results may differ materially.

6. Links To and From Third Party Sites.

6.1 Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. KPG has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. KPG therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.

6.2 Any User may create links to the Site on the basis that he links to, but does not replicate, the home page of the Website, and subject to the following conditions:

(a) he does not remove, distort or otherwise alter the size or appearance of the KPG logo;

(b) he does not create a frame or any other browser or border environment around the Site;

(c) he does not in any way imply that KPG is endorsing any products or services other than its own;

(d) he does not misrepresent his relationship with ICE nor present any other false information about KPG;

(e) he does not otherwise use any KPG trade marks displayed on the Site without express written permission from KPG;

(f) he does not link from a website that is not owned by him; and

(g) his website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

6.3 KPG expressly reserves the right to revoke the right granted in paragraph 6.2 for breach of the User Terms or of any other terms and conditions (including those relating to exhibitors) which govern a User, and to take any action it deems appropriate.

6.4 Each User shall fully indemnify KPG for any loss or damage suffered by KPG or any of its group companies or affiliates for breach of paragraph 6.2.

7. Registration

7.1 Each registration is for a single User only. KPG does not permit Users to share their user names or passwords with any other person nor with multiple users on a network.

7.2 It is the Users’ responsibility to keep their password and user name secure and not to disclose them to third parties for any purpose. KPG accepts no responsibility for any actions caused by a User disclosing his password and/or user names to third parties.

8. Limitation of Liability

8.1 KPG and its officers, directors, shareholders or agents exclude any liability for any amount or kind of loss or damage that may result to you or a third party (including without limitation any direct, indirect, punitive or consequential loss or damage, or any loss of income, profits, goodwill, data, contracts or loss or damage arising from or connected in any way to business interruption and whether in tort, contract or otherwise) in connection with the use or inability to use or the results of use of the Site or any web site linked to or from the Site, including but not limited to viruses that may infect your computer hardware or software.

8.2 Nothing in these User Terms shall exclude or limit KPG’s liability for death or personal injury caused by negligence, fraud or any liability which cannot be excluded or limited under applicable law.

9. Service Access

9.1 While KPG endeavors to ensure that the Site is normally available 24 hours a day, KPG shall not be liable if for any reason the Site is unavailable at any time for any period.

9.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the control of KPG.

10. Visitor Material and Conduct

10.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material transmitted or posted to the Site by a User shall be considered non- confidential and non-proprietary. KPG shall have no obligations with respect to such material. KPG and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

10.2 Users are prohibited from posting or transmitting to or from the Site any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

(b) for which that User has not obtained all necessary licences and/or approvals; or

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

10.3 No User may misuse the Site (including, without limitation, by hacking).

10.4 KPG will fully co-operate with any law enforcement authorities or court order requesting or directing KPG to disclose the identity or locate anyone posting any material in breach of paragraphs 10.2 or 10.3 above.

11. Governing Law and Jurisdiction

These User Terms shall be governed by and construed in accordance with German Law and the parties hereto submit to the exclusive jurisdiction of the Courts of Germany. The actual version of this Policy was issued on May 15 th , 2023. Please address any questions, comments and requests regarding this Policy to the Kynelion Pharma Group using the contact information below.



Address: Cotectra GmbH A joint venture partner of Kynelion Pharma Group

Pharmapark (Haus 1- 1. OG)

Meißner Straße 191 01445

Radebeul Germany 

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This Privacy Statement sets out how Kynelion Pharma Group uses and protects any information that you give to us in compliance with the General Data Protection Regulations (GDRP) We respect your privacy and are committed to protecting your personal information. This Privacy Statement explains how we collect, transfer, process, use and disclose your data and sets out our security practices

By providing us with your personal information, you agree and consent to its transfer, processing, use and disclosure as outlined in this Privacy Statement.

What we collect:

We collect personally identifiable information (PII) that you provide to us, which is information that identifies you as an individual. We only do this when you have agreed to our request for that information. This PII may include your:

  • name
  • address
  • telephone number
  • e-mail address

How we use your PII:

By providing your PII, you agree that, where it is permitted by local law or where you have agreed to receive these communications from us, we may use the information:

  • to respond to your requests
  • to improve our level of service
  • to improve the content of our communications
  • to provide you with tips, helpful information, product news and updates
  • to notify you of our new products and services 
  • to seek your views on our products and services
  • to consider your application for employment
  • for our own administrative and quality assurance purposes
  • for other purposes that may be detailed on the website.

Website usage information:

We also automatically collect information about your computer browser type and operating system, websites you visited before and after visiting our websites, standard server log information, Internet Protocol (IP) addresses, GPS location data, mobile phone service provider, and mobile phone operating system. We aggregate this information to understand how our visitors use our website so that we can improve them and the services we offer. GPS location data does not typically identify individual users. We may also share this aggregated information with other companies within the Kynelion Pharma Group and with other third parties. This information includes:

  • the total number of visits to our websites 
  • the domain names of our visitors’ internet service providers.

How we protect your PII:

Kynelion Pharma Group will take appropriate legal, organizational, and technical measures to protect your personal information consistent with applicable privacy and data security laws. When Kynelion Pharma Group uses a third-party service provider, that provider will be carefully selected and required to use appropriate measures to protect the confidentiality and security of personal information.

We use a variety of security technologies and procedures to help protect your PII from unauthorised access, use or disclosure. Unfortunately, the transmission of information via the Internet or a mobile phone network connection is not completely secure. Although we will do our best to protect your PII, we cannot guarantee the security of the PII you transmit to our websites or any mobile applications: any transmission is at your own risk.

While we cannot guarantee that loss, misuse, or alteration to data will not occur, once we have received your information, we will employ appropriate technical security measures to prevent such unfortunate occurrences.

Sharing PII with third parties:

We may share your PII with our affiliates, contractors, and agents in the normal course of business for delivery of the activities to which you have agreed. Unless otherwise specified in the website or mobile application, we will not sell or rent PII to other third parties, except that your PII may be transferred to a third party in the event that the business of this site or a part of it and the customer data connected with it is sold, assigned or transferred.

Sometimes we use selected third parties to provide support services in connection with our websites, mobile applications or in the normal course of business. These parties may, from time to time, have access to your information to enable them to provide those services to us. We require all companies providing such support services to meet the same standards of data protection as our own. They are prohibited from using the information for their own purposes. In particular, we do not allow service providers to use your PII for their own marketing activities.

When we may disclose your PII to others:

Kynelion Pharma Group reserves the right to disclose personal information about you, including your e-mail address, for reporting to government authorities, to parties in relevant legal proceedings as authorized by the presiding court or tribunal and otherwise to the extent required or explicitly authorized by applicable law.

In certain special cases where permitted by local law, we may disclose your PII:

When we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to you or otherwise injuring or interfering with Kynelion Pharma Group’s rights, property or operations, other users of this website or mobile application or anyone else who could be harmed by such activities.

When we believe the law requires it, or in response to any demand by law enforcement authorities in connection with a criminal investigation, or civil or administrative authorities inconnection with a pending civil case or administrative investigation in connection with a substantial corporate transaction, such as the sale of a product line or division, a merger, consolidation, asset sale or in the unlikely event of bankruptcy.

PII collected may be transferred to, stored and processed in your country of residence or any other country in which Kynelion Pharma Group (including its affiliates), subcontractors or agents maintain facilities, including the United States and countries outside the European Economic Area (EEA). This means that your information may be processed in countries with lower data protection standards than your country of residence. By using our websites and mobile applications, you consent to any transfer, processing or storing of information outside of your country of residence and outside the EEA. We will ensure that if information is transferred outside your country of residence, it will still be treated in accordance with this Privacy Statement.

Use of IP addresses:

An IP address is a set of numbers that is automatically assigned to your computer whenever you log on to your Internet service provider or through your organisation’s local area network (LAN) or wide area network (WAN). Web servers automatically identify your computer by the IP address assigned to it during your session online.

Kynelion Pharma Group, or third-party companies acting on our behalf, may collect IP addresses for the purposes of systems administration and to audit the use of our websites. We also may use IP addresses to identify users of our websites when we feel it is necessary to enforce compliance with the websites’ terms of use or to protect our service, websites or other users.


Our websites and mobile applications may use technology called “cookies.” A cookie is a small text file that is placed on your hard disk by a server. Cookies allow our websites and mobile applications to respond to you as an individual. The website or mobile application can tailor its operations to your needs, likes, and dislikes by gathering and remembering information about your preferences. For instance, our server may set a cookie that keeps you from having to enter a password more than once during a visit to a website.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies or receive a warning before a cookie is stored if you prefer. Please refer to your Internet browser’s instructions or help screen to learn more about these functions and to specify your cookie preferences.

If you choose to decline cookies, you may not be able to fully experience the interactive features of our websites or any other websites that you visit. For additional information regarding our use of cookies, review our global Cookie Policy.

Information from outside sources:

Where permitted by local law, we may also collect legally obtained information from third parties to add to our existing user databases. Some of this information may be PII. We do this to better target information offerings and promotional campaigns in which we think you would be interested. Such PII will only be collected and used by us in accordance with the Seite 3 von 5 basis on which it was originally provided by the subject, or as otherwise permitted by local law.


We will retain your information only for the period necessary to fulfill the purposes outlined in this Privacy Statement unless a longer retention period is required or permitted by law. You may contact us in writing to request the updating, correcting or removal of PII that you have provided to us at any time using the contact information provided at the end of this Privacy Statement. Your local laws may also give you the right to access information that you have provided to us. In some countries, you may need to pay a reasonable fee to meet our costs in providing you with this information.

Links to other websites:

Our websites may from time to time provide links to or embed third-party websites. This Privacy Statement does not apply to those websites. If you choose to enter such a linked site, you agree that we are not responsible for the availability of such websites and do not review or endorse and shall not be liable, directly or indirectly, for:

  • how these websites treat your PII
  • the content of such websites
  • the use that others make of these websites.

Please ensure you check the legal and privacy statements posted on each website or mobile application you access before entering any PII. 

Use of our websites by children: 

Unless otherwise explicitly stated, websites on which this Privacy Statement appears are not intended or designed to attract children under the age of 13. We do not knowingly collect PII from visitors in that age group via these websites or mobile applications. On those websites or mobile applications that are intended for use by children under the age of 13, we only collect PII with the explicit consent of a parent or guardian.

Access to your personal information:

Under GDRP, the data subject has the right to access and amend any of their personal data that we hold. Email your request to


We may occasionally update this Privacy Statement. If the changes we make are material, we also may post a notice regarding the changes on our websites or mobile applications and related licensing agreements. We encourage you to periodically review this Privacy Statement to stay informed about how we are helping to protect the PII we collect. Your continued use of our websites and mobile applications constitutes your agreement to the Privacy Statement and any updates. Subsequent changes in this Privacy Statement will not apply to data that were collected before the change is made.

This Privacy Statement was last updated on 15 May 2023.

Contact us:

References to “Kynelion Pharma Group” “we” “us” and “our” are references to Kynelion Pharma Group and its affiliates. Seite 4 von 5 Please address any questions, comments and requests regarding this Privacy Statement to your local Kynelion Pharma Group using the contact information below.



Cotectra GmbH

A joint venture partner of Kynelion Pharma Group Pharmapark (Haus 1- 1. OG)

Meißner Straße 191

01445 Radebeul Germany

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What this policy covers:

Slavery and Human Trafficking remains a hidden blight on our global society. We all have a responsibility to be alert to the risks, however small, in our business and in the wider supply chain.
Our Commitment:
We are committed to acting ethically and with integrity in all our business relationships and taking reasonable steps to ensure slavery and human trafficking are not taking place in any business or organisation that has any sort of a business relationship with our Company.
Due diligence processes for slavery and human trafficking:
Our values – focus, transparency, respect and integrity – underpin everything we do at Ice Pharma Group. Our Code of Conduct outlines how all employees and complementary workers should put our values into practice in their daily working lives and embeds respect for human rights and labour rights across the business.
The Code is underpinned by several policies and standard operating procedures that help to mitigate against the risk of modern slavery. The Company has zero tolerance to slavery and human trafficking. We expect all those in our supply chain and contractors to comply with our values.
We expect any of our supply chain providers to have suitable anti-slavery and human trafficking policies and processes in place.
The management team are responsible for compliance within their respective departments and in their supplier relationships and have been trained accordingly. All employees receive an induction into the business where our policies, procedures and expectations are outlined.
Our effectiveness in combating slavery and human trafficking:
The Company uses the following key performance indicators to measure how effective we have been to ensure that slavery and human trafficking is not taking place in any part of our business or supply chains:
  • Use of labour monitoring, right to work documentation and payroll audits
  • We maintain a level of communication and personal contact with the next link in the supply chain to ensure their understanding of, and compliance with, our
  • We regularly review supply chain policies, codes of conduct and our working practices to show commitment.

This statement is made in accordance with section 54(1) of the Modern Slavery Act 2015 and constitutes the Company’s slavery and human trafficking statement.

Reporting suspicions of slavery
As part of our initiative to identify and mitigate risk the Company has in place systems to encourage the reporting of concerns and the protection of whistle-blowers. The Complaints of Discrimination section of the Equal Opportunities and Diversity policy is designed to ​ encourage internal reporting and takes proactive steps to ensure people who raise concerns in good faith are safeguarded and supported in the workplace.
Employees can also report any suspicions of slavery externally to the Modern Slavery Helpline. Details are set out below:
This Policy was last updated May 15 th, 2023.
Please address any questions, comments and requests regarding this Policy to the Kynelion Pharma Group using the contact information below.
Cotectra GmbH
A joint venture partner of Kynelion Pharma Group
Pharmapark (Haus 1- 1. OG)
Meißner Straße 191
01445 Radebeul
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What this policy covers:

This policy covers our general principles and standards on anti-bribery and corruption. It reinforces our zero tolerance towards all forms of corruption and our commitment to maintaining accurate records of our business dealings.
This policy does not stop us doing legitimate business in the context of promoting products, executing contracts, exchanging scientific and medical information or paying official published fees for the services or goods provided by governments.
Why should you read this?
Our Staff and third parties acting on our behalf are required to understand and comply with our anti-bribery and corruption principles and standards, as well as with all relevant international and domestic legislation. All of us are responsible for preventing any instance of bribery or corruption and for reporting any concern or suspicion so we can identify the risks and conduct any required investigations.
If you breach this policy you may also be breaking the law and could face disciplinary action that could lead to you losing your job, being fined and/or sentenced to prison. Personal funds are not used to circumvent this policy.
We do not, directly or through a third party, promise, offer, make, authorize, solicit or accept any financial or other advantages, to or from anyone to obtain or retain business, or secure an improper advantage in the conduct of business. This rule applies regardless of whether they are government officials or work in a private sector entity.
Financial or other advantages covers anything of value, including cash, gifts, services, job offers, loans, travel expenses, entertainment or hospitality.
We prohibit all facilitation payments as they are bribes. These payments are unofficial, improper, small payments or gifts offered or made to government officials to secure or expedite a routine or necessary action to which we are legally entitled.
Anti-bribery and corruption elements:
  • Our leadership and managers lead by example, ensuring our Staff and relevant third
    parties are aware of the ethical significance and critical role of our anti-bribery and
    corruption principles and standards.
  • All staff have access to the company handbook and the Anti-bribery and Corruption
  • We are vigilant of any breaches that may occur. We respond to problems promptly,
    investigating root causes and establishing remediating plans that help us improve our
    Program. Those involved in any issue are subject to our disciplinary procedures.


Maintenance of business documentation and financial records:

All our financial books and records accurately reflect and disclose the business rationale, purpose, substance and legality of all our local and cross-border transactions, payments and expenses.

We do not induce third parties to make incomplete or misleading entries in their records.


The actual version of this Policy was issued on May 15 th, 2023.
Please address any questions, comments and requests regarding this Policy to the Kynelion Pharma Group using the contact information below.
Cotectra GmbH
A joint venture partner of Kynelion Pharma Group
Pharmapark (Haus 1- 1. OG)
Meißner Straße 191
01445 Radebeul
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General Terms and Conditions of Business (GTC)

of Kynelion Pharma Group (KPG)

Meissner Str. 191, Haus 1, 01445 Radebeul, GERMANY

  1. Definition


    1. “Kynelion Pharma Group” or “KPG” refers to the joint venture between Cotectra GmbH, Schirmen Pharmaceuticals GmbH and Bio-Synergix International ltd.
    2. “Wholesaler” or “Supplier” refers to Schirmen Pharmaceuticals GmbH, an authorized pharmaceutical wholesaler and the entity providing pharmaceutical wholesale services.
    3. “Broker” refers to Cotectra GmbH, a registered pharmaceutical broker and the entity offering pharmaceutical services in name of the “Wholesaler”.
    4. “Regulatory Advisor” refers to Bio-Synergix International ltd., the entity in charge for regulatory affairs for the registration of pharmaceutical products.
    5. “Purchaser” or “Customer” refers to any entity purchasing pharmaceutical products from the Wholesaler.
    6. “Manufacturer” refers to any entity manufacturing and supplying pharmaceutical products for sale to the Wholesaler.
    7. “Goods” denote pharmaceutical products and related items offered for sale by the Wholesaler.
    8. “Licensing & supply agreement” or “LSA” means an agreement between KGP and Purchaser for the supply of Goods on separate specific terms and conditions, which may differ from this GTC.  
    9. “Regulatory Approval” means all approvals, including, where applicable, pricing approval, company and product registrations and renewals, authorizations, permits, licenses, filings, and certifications issued by any Regulatory Authorities necessary for the use, sale, offer for sale, distribution, handling, importation and Marketing of a Product in the Territory, including the Marketing Authorization.
    10. “Regulatory Authorities” shall mean the government or other entities charged with the regulation of pharmaceutical products in the Territory.
    11. “Territory” shall mean the country to where the Goods shall be sold and delivered by the Purchaser.


  1. Scope of application


    1. The GTC set out below apply to all legal relationship contracted to one member of Kynelion Pharma Group, based on its defined business role.
    2. The GTC apply to all sales to Purchasers, if Purchasers is a business within the meaning of Section 14 German Civil Code (BGB).
    3. Deviating and conflicting terms and conditions from Purchaser which have not been previously accepted in writing shall not be recognized.
    4. Any individually negotiated agreements with Purchaser (including Licensing & supply agreement, side agreements, amendments and changes) as well as any terms in our offers and order confirmations conflicting with these GTC shall also take precedence over these GTC.
    5. Any amendment to these GTC will be announced on our homepage and will be effective on the date of publication on this homepage. 


  1. Quotation and Order, Prices


    1. Unless otherwise specified in writing by KPG, any quotation submitted to Purchaser shall be binding and shall expire thirty (30) days after the date of issue.
    2. Price information can be subject to change and must be confirmed with a quotation or an order confirmation.
    3. The purchase order for Goods is only concluded by the written order confirmation of Wholesaler and can be refused by Wholesaler.
    4. Unless otherwise agreed all prices are deemed net prices FCA (Incoterms® 2020) plus packaging, costs of transportation/shipping and other logistics costs, and plus statutory value-added tax as applicable at the time of invoicing.
    5. Purchase orders for Goods can be placed only by authorized Purchasers. The Purchaser must submit in advance the certificate of authorization for Trade in Pharmaceutical Products. 


  1. Terms of Payment


    1. Unless otherwise specified in the order confirmation or individual contracts, the Purchaser must pay the sales amount by up-front payment. 
    2. A deferred payment can be agreed in advance within thirty (30) days of the date of shipment by Letter of Credit issued by a first-class bank with rating equal or superior to BBB (as updated and issued by S&P, Moody’s, or Fitch), confirmed by the Wholesaler/Supplier.
    3. Purchaser may assert a right of retention against our claims only if it is based on claims from the same contractual relationship that are uncontested, ready for a decision or defined by final enforceable judgment. Any setoff is excluded except where the counterclaim is defined by final enforceable judgment, ready for a decision or uncontested.
    4. The Purchaser shall be responsible for all additional tariffs, charges, taxes and fees required by regulations or law (but not limited to, import taxes or fees for entry into the territory etc.) resulting from this Agreement and arising from its performance, with no right to any type of reimbursement.


  1. Terms of Supply


    1. All delivery dates/deadlines are deemed nonbinding except where explicitly defined or agreed upon as binding.
    2. The Goods shall be supplied only following the written orders of the Purchaser.
    3. If we have not received at all or in due time supply of any goods ordered, we shall not be in default with the delivery to Purchaser unless we are responsible for having received such supply with delay or not at all. We are entitled to withdraw from the contract if it is established that we are not responsible for not having received supply of the goods ordered.


  1. Obligations of Purchaser


    1. If the goods are intended to be placed on the market outside of Germany, the contract is concluded on the condition that the delivery does not conflict with any export control or other trade measures. 


The Purchaser has the following obligations:

      1. Be liable for the legality of the Goods before Regulatory Authorities of the Territory. For the avoidance of doubt, the Wholesaler shall not be liable for the legal aspects related to the legality of the Goods in the Territory.
      2. Be liable for the transportation and storage of the finished Goods according to the Good Distribution Practices and the Supplier/Manufacturer specifications.
      3. If requested by local authority, perform the final quality controls of the Goods, withdrawing samples of each one of the batches received.
      4. Take full and exclusive liability for the finished, packed and commercialized Goods and such liability shall be reinforced before competent authorities as well as third parties.
      5. Be liable for the approval and clearance of the finished Goods for commercialization and distribution.

Allow any representative duly authorized by the Supplier/Manufacturer to visit the Purchaser annually in order to assess the good standing of the commercial relationship between both Parties.


  1. Reservation of title


    1. All goods delivered by Supplier remain Supplier’s property under reservation of title (“Goods”) until all claims under the contract have been settled.
    2. Furthermore, the Goods remain Supplier’s property until all our other presently existing and future claims under the business relationship (including all unsettled balances based on current account) have been settled. In the event of a current account, the Goods serve to secure our unsettled balances. 
    3. The Purchaser shall not sell, transfer, pledge, or encumber the products in any manner until ownership is transferred by the Wholesaler after full payment is received.


  1. Warranty and Return of Goods


    1. The Wholesaler warrants that all products delivered to the Purchaser shall meet the manufacturer’s specifications and be free from defects in material and workmanship at the time of delivery.
    2. The warranty period for pharmaceutical products shall be in accordance with the manufacturer’s stated expiration date or shelf life, whichever comes first. The warranty does not cover any damage resulting from improper storage, handling, or use of the products by the Customer. 
    3. The warranty is non-transferable and extends solely to the original Purchaser who purchased the products directly from Wholesaler.
    4. The Purchaser may request a return of products in the following circumstances:
      1. Receipt of damaged or defective products not caused by the Purchaser or products not saleable due to expiry date.
      2. Receipt of incorrect products not as per the original order.
    5. Any claims against the Wholesaler must be submitted in writing within 8 days from the date of delivery of the products. Failure to provide timely notice shall result in the waiver of the claim. The request of claim should include the order number, product details, and the reason for the claim.
    6. Returns due to shipping errors by Wholesaler or defective products will be accepted without additional charges to the Purchaser.

Return of Goods is excluded for legal reasons to return defect-free Goods. Any amount invoiced by Wholesaler must be paid in any case.


  1. Limitation of liability


    1. The Wholesaler’s liability for any direct or indirect damages arising from the sale, use, or handling of products shall not exceed the purchase price of the affected products.
    2. The Wholesaler shall not be liable for any consequential, incidental, or punitive damages, including loss of profits, arising from the use or inability to use the products.
    3. The Wholesaler’s liability for any direct or indirect damages arising from the sale, distribution, or use of pharmaceutical products shall not exceed the total purchase price of the specific product(s) giving rise to the claim.
    4. The Wholesaler shall not be liable for any consequential, incidental, or punitive damages, including but not limited to loss of profits, business interruption, or reputational harm, arising from the use or inability to use the products supplied.
    5. The Wholesaler shall not be held liable for any damages or losses resulting from the improper storage, handling, or administration of the products after delivery to the Customer.
    6. The Wholesaler shall not be responsible for any delays, disruptions, or damages caused by events beyond its reasonable control, including but not limited to acts of nature, war, terrorism, labour disputes, government regulations, or transportation failures.
    7. The Purchaser agrees to indemnify and hold the Wholesaler harmless from and against any claims, liabilities, losses, or expenses arising from the Purchaser’s use or resale of the products or any breach of these Terms and Conditions.
    8. The limitations and exclusions in this clause shall apply to the fullest extent permitted by law, and if any part is deemed unenforceable, the remaining provisions shall remain in full force and effect.


  1. Order Cancellation by the Customer


    1. The Customer agrees and accepts that all placed purchase orders that have been accepted by the Wholesaler are non-cancellable as they are purchase or production orders according to the Customer’s request. 
    2. In Force Majeure, the Customer may request the cancellation of an order by providing written notice to the Wholesaler before the order has been manufactured, shipped or processed for delivery. Depending on the order processing status the Customer has to assume the incurred costs by the Wholesaler up to the total order value.


  1. Pharmaceutical Wholesaler’s Right to Cancel


    1. The Wholesaler reserves the right to cancel an order under the following circumstances:
      1. Non-payment: If the Customer fails to make payment as per the agreed-upon terms, the Wholesaler may cancel the order or contract.
      2. Non-compliance: If the Customer violates any terms and conditions of the contract or any applicable laws or regulations, the Wholesaler may cancel the contract.
      3. Force Majeure: If circumstances beyond the control of the Wholesaler, such as natural disasters, war, terrorism, or governmental actions, make it impossible or impractical to fulfil the order or contract, the wholesaler may cancel it.
    2. In the event of the Wholesaler exercising its right to cancel, the Wholesaler has to provide a written notice to the Customer and the Wholesaler has to refund the Customer. The amount of refund is calculated depending on the payments already made and the order processing status.  


  1. Force Majeure


    1. In any event of force majeure or other unforeseen circumstances, such as disruption of business operations, lawful strike or employee lockout, import/export restrictions, official orders, epidemics, pandemics, etc., which temporarily prevent us, through no fault of our own or attributable to us, from delivering the goods by the date or within the time agreed, these delivery dates/times will be postponed and extended – including during the delay – by the duration of the interference caused by such circumstances. If performance is delayed by more than 4 months because of such interference, both parties may withdraw from the contract. If the delivery or part thereof becomes impossible or unacceptable because of these circumstances, we will to that extent be released of the obligation to make delivery and/or have the right to withdraw from the contract. 


  1. Safety Data and Compliance


We refer to the information on our website


  1. Arbitration


Any dispute linked to the agreement and its enforcement will be settled in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce in accordance with the rules.  German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Dresden, Germany. 

GTC Version 1, August 20th, 2023