These terms apply to every pharmacy that registers on MedRxMarket.com ("MedRxMarket", "the marketplace", "we"). MedRxMarket is an online marketplace where licensed pharmacies buy and sell surplus medication with each other.
You accept these terms when you create an account and again when you submit your pharmacy's application. How we handle information is described in the Privacy Policy.
1.Who can use the marketplace
MedRxMarket is for licensed pharmacies in the United States. It is not open to patients, consumers or unlicensed businesses.
- You register with your pharmacy's NPI number. We look it up in the public NPI Registry and take your pharmacy's legal name and address from there.
- You then complete an application with your DEA number, NCPDP number, state of licensure, federal tax ID, business bank account, and copies of your DEA registration, pharmacy license, IRS confirmation letter (147c) and a voided check. You also answer a set of compliance statements.
- Our team reviews every application. You cannot list, buy, sell, make offers or post buy requests until your pharmacy is approved. While you wait you can sign in, see the status of your application and contact support.
- We may reject an application, and we may ask for more information before deciding.
You must keep your licenses and registrations valid for as long as you use the marketplace, and tell us promptly if any of them is suspended, restricted, revoked or expires, or if the people or details in your application change.
2.Accounts and staff
The person who registers a pharmacy is its owner account. The owner can invite staff and decide what each staff member is allowed to do, such as managing listings, placing orders or managing other staff.
- Each person needs their own sign-in. Do not share passwords.
- Your pharmacy is responsible for everything done through its accounts, including by staff you invited. Remove staff who no longer work for you.
- Email addresses are verified with a code before an account can be used.
- Tell us straight away if you think someone else has access to an account.
3.Listings
Sellers list products by National Drug Code (NDC). We match the NDC against reference data to fill in the product name, manufacturer and package details. The seller adds the quantity, price, lot number, expiration date and condition (for example whether the package is sealed and whether it needs refrigeration).
The seller is responsible for every listing. By listing a product you confirm that:
- you own it and are legally allowed to sell and ship it to another pharmacy;
- the NDC, lot number, expiration date, quantity and condition are accurate;
- it has been stored and handled as its labeling requires, and is not recalled, adulterated, misbranded, counterfeit or a sample;
- you will ship exactly what you listed.
We do not inspect, hold or take ownership of any product. We may remove a listing or ask you to correct it.
Reference data may show a DEA schedule for a product. The marketplace does not currently apply any separate checks, order forms or shipping rules to scheduled drugs.
[Controlled substances: whether scheduled drugs may be listed at all, and under what conditions, is to be decided by the client and completed by counsel. The software does not currently block them.]
[Regulatory terms for transfers between pharmacies (for example DSCSA transaction information and state wholesale distribution rules): to be completed by counsel.]
4.Orders
A sale on the marketplace is a contract between the buying pharmacy and the selling pharmacy. MedRxMarket provides the platform; it is not the seller or the buyer.
- The buyer adds listings to a cart and checks out.
- The buyer signs at checkout to place the order (see section 9).
- The seller reviews the order and confirms the sale with their own signature before it is fulfilled. A seller who cannot fulfil an order must not confirm it.
- Each order shows its status, the items with their lot and expiration details, tracking, and an invoice both pharmacies can download.
5.Shipping
- Shipping is by FedEx. The shipping cost is calculated at checkout from the two pharmacies' addresses and shown before the buyer places the order.
- The seller creates the FedEx label on the platform, prints it and hands the package to FedEx. Shipping outside the platform is not supported.
- The seller is responsible for packing the order properly, including cold-chain packing for refrigerated products, and for shipping promptly after confirming the sale.
- Tracking comes from FedEx and is shown on the order to both pharmacies.
- Where shipment insurance is offered, its cost is shown at checkout.
[Risk of loss and transfer of title in transit: to be completed by counsel.]
6.Payments
Payments are processed by Stripe. Buyers pay by ACH debit from a US business bank account; cards are not accepted. Sellers are paid out to the bank account they gave in their application, through a Stripe connected account opened for the pharmacy.
- You must verify your bank account before you can pay with it. Stripe may ask you for more information to open or keep your account.
- By placing an order you authorize the debit of the order total from your verified bank account.
- ACH payments take several business days to clear and can fail or be returned. If a payment fails, the order may be canceled.
- Sellers are paid the item total less the seller fee. Payout timing is set by the platform and by Stripe.
- Your use of Stripe is also subject to Stripe's own terms.
[ACH debit authorization wording and payout timing: to be completed by counsel.]
7.Fees and credits
- Buyers pay a service fee on each order. It is a percentage of the order set by the platform and is shown at checkout before the order is placed.
- Sellers pay a commission on each sale. It is a percentage set by the platform and is deducted from the seller's payout; the order shows the amount.
- Shipping, and shipment insurance where offered, are charged to the buyer and shown at checkout.
- We may change the percentages. A change applies to orders placed after it takes effect.
- We may grant credits, for example to newly registered pharmacies. Credits reduce platform fees, may expire, have no cash value and cannot be transferred.
[Taxes: to be completed by counsel.]
8.Offers and buy requests
- Offers. A buyer can offer a different price or quantity on a listing. The seller can accept, decline or counter, and the buyer can do the same with a counter-offer. An offer that is not answered in time expires.
- Buy requests. A pharmacy can post a request for a product it needs. Other pharmacies can respond by accepting it or proposing their own terms.
- An accepted offer or response is a commitment to trade on those terms. The buyer completes it through checkout like any other order.
- Until it is accepted, an offer can be withdrawn by the pharmacy that made it or declined by the pharmacy that received it.
9.Signatures
The buyer signs on screen at checkout and the seller signs on screen when confirming the sale. Each signature is saved with the order together with who signed and when, and appears on the order's documents.
By signing you confirm that you are authorized to act for your pharmacy and that you agree to the order as shown. You agree that this electronic signature has the same effect as a handwritten one.
10.Disputes and refunds
If something is wrong with an order, the buyer can open a dispute from the order page. The reasons we handle are: damaged product, wrong product, missing items, a quality problem, not delivered, a payment problem, or another issue described by the buyer.
- Both pharmacies must answer our questions and provide what we ask for, such as photos or documents.
- We review the dispute and may resolve it with a full refund, a partial refund, a replacement, a credit, or no action.
- Refunds are returned to the buyer through Stripe.
- For anything else, contact support from the Support page.
[Time limit for opening a dispute, returns of pharmaceutical products, recovery of refunds from the seller, and whether our decision is final: to be completed by counsel.]
11.Acceptable use
You must not:
- list or sell anything you are not legally allowed to sell, or that is expired, recalled, counterfeit, adulterated, misbranded or a sample;
- give false or misleading information in your application, a listing, an offer or a dispute;
- use the marketplace to find a trading partner and then complete the sale outside it to avoid fees;
- use another pharmacy's details for anything other than completing an order with it;
- upload patient information. Nothing on the marketplace needs it;
- interfere with the service, try to access accounts or data that are not yours, or copy data from it in bulk.
You are responsible for complying with the federal and state laws that apply to your pharmacy.
12.Suspension and termination
- We may suspend or close a pharmacy's access if it breaks these terms, if a license or registration lapses, if required information is not provided, or if we need to protect other users.
- A suspended pharmacy can still sign in to see its status and contact support.
- You may stop using the marketplace at any time. Orders already placed must still be completed, paid for and, where needed, resolved.
- Records of orders, payments and signatures are kept after an account is closed, as described in the Privacy Policy.
[Notice periods and effects of termination: to be completed by counsel.]
13.Disclaimers and liability
[Disclaimer of warranties: to be completed by counsel.]
[Limitation of liability: to be completed by counsel.]
[Indemnification: to be completed by counsel.]
14.Governing law
[Governing law and venue: to be completed by counsel.]
[Dispute resolution between you and us: to be completed by counsel.]
15.Changes and contact
We may update these terms. The date at the top shows when they last changed.
[How and when pharmacies are told about changes: to be completed by counsel.]
Questions about these terms: use the Support page after signing in.
[Legal name and address of the company operating MedRxMarket.com: to be completed by counsel.]
