B2B only · Drug license required for trade · Rx against valid prescription · Subject to Drugs & Cosmetics Act 1940 & DGFT

Legal

Terms & conditions

Last updated: 6 August 2026

1. Scope of trade

SPK Pharma India is a B2B pharmaceutical trading and distribution company operating from Mumbai, India. All trade is conducted on a business-to-business basis with qualified buyers holding a valid pharmaceutical wholesale / manufacturing licence and import authorisation in their destination jurisdiction. We do not sell to consumers, patients, or end users. We do not market finished dosage forms to the general public.

2. Applicable law

All transactions are governed by the laws of India, including but not limited to:

  • Drugs and Cosmetics Act 1940 and Drugs and Cosmetics Rules 1945 — the principal Indian legislation governing the import, manufacture, distribution, and sale of drugs and cosmetics. State FDA licenses issued under this Act authorise wholesale trade within India.
  • Foreign Trade (Development and Regulation) Act 1992 — administered by the Directorate General of Foreign Trade (DGFT). Import Export Code (IEC) is the mandatory 10-digit code for any entity engaged in international trade.
  • Indian Contract Act 1872 — for the formation and enforcement of trade contracts.
  • Information Technology Act 2000 and the Digital Personal Data Protection Act 2023 — for electronic records, data protection, and privacy.
  • Consumer Protection Act 2019 — for consumer-facing transactions (which do not apply to B2B trade).

Buyers are responsible for compliance with all applicable laws and regulations in their destination jurisdiction, including but not limited to import licensing, controlled substance regulations, prescription / Rx requirements, pharmacopoeial standards, and end-user record-keeping.

3. Buyer qualification

Products are sold exclusively to qualified B2B buyers: licensed pharmaceutical distributors, registered manufacturers, formulation laboratories, hospital procurement, and research institutions. We reserve the right to decline orders that do not meet this qualification, that we believe may be diverted to consumer use, or that do not satisfy drug-license / import-authorisation requirements.

By submitting a quote request, distributor application, or order, the buyer represents and warrants that they hold the required licences and authorisations in their jurisdiction and that the products will be handled and re-distributed in accordance with applicable law.

4. Product classification

Products in the SPK Pharma India catalogue are classified according to their regulatory status. Each product page carries an explicit regulatory positioning block. The classifications are:

  • Clinical trial supply only — patented innovator molecules supplied for research and clinical trial use, not for commercial distribution in jurisdictions where patent protection is active.
  • Rx-only · Approved drug — approved drugs in select jurisdictions, supplied against valid prescription.
  • Research use only — compounds not approved as drugs in any major jurisdiction, supplied for in-vitro research, analytical method development, and laboratory reference standard work.
  • Nutraceutical / cosmetic grade — supplement or cosmetic raw material, supplied as ingredient, not a finished pharmaceutical product.

5. Pricing and payment

Pricing is provided on a per-quote basis and is subject to change without notice. Payment terms are typically 100% advance for new buyers, with credit terms available for established partners subject to our credit policy. Currency: USD, EUR, or INR by agreement. Banking charges on the buyer's side are borne by the buyer.

6. Documentation

Each shipment is accompanied by a lot-matched Certificate of Analysis, MSDS, commercial invoice, packing list, and Certificate of Origin (via Pharmexcil where applicable). Additional documentation (regulatory dossiers, technical data sheets, third-party verification records) is available on request. License and certificate copies for SPK Pharma India are released to verified trade buyers on request.

7. Shipping and risk

Risk of loss passes to the buyer upon delivery to the carrier. Shipping terms are typically EXW Mumbai or FOB as agreed per quote. Cold-chain handling is applied for temperature-sensitive shipments as documented in our shipping process. Transit insurance is the buyer's responsibility unless agreed otherwise in writing.

8. Trademarks

Product names, logos, brands, and other trademarks featured or referred to on this site are the property of their respective trademark holders. Use of such names does not imply any affiliation with or endorsement by the trademark holder. SPK Pharma India is a B2B distributor and is not affiliated with the manufacturers of the originator brands unless explicitly stated.

9. Limitation of liability

Our liability is limited to the value of the specific shipment in question. We are not liable for any indirect, consequential, or incidental damages. No warranty is made regarding the suitability of any product for any particular application beyond the documentation provided.

10. Disputes and jurisdiction

Disputes are governed by the laws of India, with exclusive jurisdiction in the courts of Mumbai, unless otherwise agreed in writing. Arbitration under the Arbitration and Conciliation Act 1996 may be elected by mutual agreement as an alternative to court proceedings.

11. Force majeure

Neither party shall be liable for delay or failure in performance caused by events beyond reasonable control, including but not limited to acts of government, customs delays, port closures, carrier disruption, pandemic, or natural disaster.

12. Contact

For any questions on these terms, contact the trade desk at info@spkpharmaindia.com.