Rules for the Processing of Claims and Requests for the Return of Goods

Rules for the Processing of Claims and Requests for the Return of Goods effective as of 01.11.2023

1.GENERAL PROVISIONS

1.1. These Rules for the Processing of Claims and Requests for the Return of Goods (hereinafter referred to as the “Rules”) of PHOENIX Pharma EOOD, Sofia, 199A “Okolovrasten pat” Blvd., registered in the Commercial Register under UIC 203283623 (hereinafter referred to as the “Seller”), form an integral part and apply to every sale and purchase of goods from the Seller’s product range (pharmaceutical and/or cosmetic products, medical devices, medical supplies and/or food supplements and/or other goods), regardless of whether the sale is carried out under the Seller’s General Terms of Delivery published on the Seller’s website www.phoenixpharma.bg, or under an individually concluded written sales contract (hereinafter referred to as the “Contract”) between the Seller and the Buyer.

1.2. The Seller and the Buyer may conclude a Contract providing for individual terms and conditions. These Rules apply to the Contract and form an integral part thereof. The provisions of the Contract shall prevail over these Rules.

1.3. For the purposes of these Rules:
1.3.1. A Claim is a notification from the Buyer related to the delivery and/or quality of a specific product;
1.3.2. A Request for Return of Goods is the Buyer’s declared intention to return a specific product to the Seller.

1.4. These Rules do not apply to product recalls, withdrawals, or returns for the purpose of destruction.

2.CLAIMS

2.The Buyer is entitled to submit a claim in the following cases:

2.1. Delivery-related claim:
2.1.1. Discrepancy between the ordered and/or invoiced and/or delivered product; or
2.1.2. Failure to comply with special storage requirements during the transport of products that require such conditions.

2.2. Claim related to the quality of a specific product.

3.REQUEST FOR RETURN OF GOODS

3.1. The Buyer is entitled to submit a request for the return of goods outside the cases under Section 2 above. A request for return of goods must be submitted separately for each invoice, and may include one or more products from the same invoice.

3.2. The Buyer is not entitled to submit a request for the return of goods for products requiring special storage and transport conditions (temperature, humidity, etc.) or for products containing narcotic substances.

3.3. The Seller shall decide at its sole discretion whether to accept or reject a request for the return of goods. If the Seller accepts the request, the Buyer shall pay a Goods Return Fee of BGN 9.20 (nine leva and twenty stotinki) excluding VAT for each separate request. The Seller issues one (1) invoice for all accepted return requests from the previous month, and the Buyer is obliged to pay it within the term indicated in the invoice.

4.PROCEDURE FOR PROCESSING CLAIMS AND REQUESTS FOR RETURN OF GOODS

4.1. Claims or requests for the return of goods (indicating the relevant invoice, product, quantity, batch number, and expiry date) shall be submitted by the Buyer electronically in one of the following ways:
4.1.1. Through the Buyer’s profile in Apteka Expert 2 or Apteka Expert 2 Central;
4.1.2. Through the Seller’s B2B platform; or
4.1.3. By email to the respective distribution center of the Seller, depending on the Buyer’s registration:

4.1.3.1. Distribution Center Sofia: reklamacii.sf@phoenixpharma.bg

4.1.3.2. Distribution Center Plovdiv: reklamacii.pl@phoenixpharma.bg

4.1.3.3. Distribution Center Burgas: reklamacii.bgs@phoenixpharma.bg

4.1.3.4. Distribution Center Varna: reklamacii.vn@phoenixpharma.bg

4.1.3.5. Distribution Center Veliko Tarnovo: reklamacii.vt@phoenixpharma.bg

4.2. In the case of a claim concerning a product requiring special storage conditions, the Buyer must provide a copy of the product’s temperature log, certified with signature and stamp.

4.3. In the case of a claim concerning the quality of a product (hidden defect), the Buyer must provide a completed and signed statement describing the quality discrepancy.

4.4. Deadlines for submitting a claim or request for return of goods:
4.4.1. Claims under Section 2.1 and requests for return of goods – within 5 (five) calendar days from the date of invoice issuance;
4.4.2. Claims under Section 2.2 – within 5 (five) calendar days from the discovery of the hidden defect, within the product’s shelf life.

4.5. The Seller shall review the claim or request for return of goods based on the submitted documents and, within 7 (seven) calendar days from submission, notify the Buyer in writing whether it accepts or rejects it. This period may be extended if objective circumstances require.

4.6. If a claim or request for return of goods is accepted based on the submitted documents, the Buyer shall return the product to the Seller together with a claim protocol, containing:
4.6.1. Information about the product (name, quantity, batch number, expiry date);
4.6.2. Date of return;
4.6.3. Name and signature of the Seller’s courier-cashier receiving the product;
4.6.4. Name and signature of the Buyer’s representative;
4.6.5. Buyer’s stamp.

In all cases, by signing the above protocol, the Buyer declares that the product was stored properly according to the manufacturer’s requirements and has not left the delivery site.

4.7. The returned product shall be inspected by the Seller’s Claims and Returns Department. To be accepted, the product must:
4.7.1. Fully match the invoice data and the approved claim/request (product, quantity, batch number, expiry date); and
4.7.2. Be in good commercial condition in its original, unopened packaging, undamaged, and without any labels, stickers, etc. affixed.

4.8. If a product does not meet the requirements under 4.7, the Seller shall reject the claim/request, even if it was initially approved based on documents under 4.5. The product shall be returned to the Buyer with a delivery-acceptance protocol.

4.9. A claim or request for return of goods may be settled through:
4.9.1. Delivery, return, and/or replacement of a product;
4.9.2. Additional invoicing or issuance of a credit note;
4.9.3. A combination of the above.

5.ADDITIONAL PROVISIONS

5.1. The Seller reserves the right to unilaterally amend and supplement these Rules in accordance with the provisions of applicable Bulgarian legislation.