As of today, electronic retail trade in medicines is regulated by Resolution of the Cabinet of Ministers of Ukraine No. 1002 dd. 22.09.2021 “On Amendments to the License Conditions for Production of Business Activities for Manufacture of Medicines, Wholesale and Retail Trade in Medicines, Import of Medicines (Except Active Pharmaceutical Ingredients) The standard form of the contract for delivery of medicines to the end user provides for acceptance, picking, storage and delivery of orders of medicines to the end user.
Electronic trade in medicines and their delivery to the end consumer is carried out only through pharmacies and their structural subdivisions, which are included in the List of business entities authorized to carry out electronic retail trade in medicines, which is maintained in accordance with the procedure approved by the Ministry of Health.
Delivery of ordered medicinal products in accordance with the contract concluded with the consumer shall be carried out by an employee of the licensee’s own delivery service or with the involvement of other business entities – postal service operators on the basis of the concluded contract, which shall comply with the Standard form of the contract on delivery of medicinal products to the end consumer approved by the Resolution of the Cabinet of Ministers of Ukraine No. 1002 dated September 22, 2021.
In case of contractual involvement of other business entities – postal service operators, the ordered medicinal product shall be shipped exclusively from the pharmacy, information about which is available in the List of business entities authorized to carry out electronic retail sale of medicinal products.
It is the Licensee’s responsibility to ensure that ordered medications are shipped, delivered, and transported in a manner consistent with good storage practices.
When handing the consumer his/her order, the licensee’s delivery service employee ensures that the contents of the order correspond to the medications and the consumer is given a copy of the order with a payment stamp, date and time of fulfillment.
The customer shall have the right to refuse a delivered drug upon receipt and shall have the right to request a refund from the licensee who made the sale of such drug if:
- the primary and/or secondary packaging of the medicinal product has been damaged;
- the expiration date of the medicinal product has expired;
- a ban on sale and use of the medicinal product has been published by an authorized body;
- the delivered order does not correspond to the ordered one in terms of quantity or composition, name, dosage, form of release, price.
The consumer shall have the right to return it to the delivery service employee of the licensee who made the delivery, without payment for the delivered drug and/or delivery services, and/or to demand proper fulfillment of the order.”
