Terms and conditions

TERMS AND CONDITIONS OF SALE AND DELIVERY FOR PURCHASES FROM:

Mesoskinline (Dermatech-group)

Juelsmindevej 57

DK-7120 Vejle – Denmark

Telephone: (+45) 71741108

E-mail: sales@mesoskinline.com

Company registration number: 39967065

1. APPLICATION
   1. The following terms and conditions of sale and delivery apply to purchases from Mesoskinline (Dermatech-group), company registration number 39967065 (hereinafter the “Seller”), by the customer (hereinafter the “Buyer”).
2. PRICES
   1. All prices stated exclude applicable VAT.
   2. VAT is not charged to businesses in the EU outside Denmark with a valid VAT number or to buyers in countries outside the EU. The goods delivered remain our property until all claims against the Buyer have been settled.
   3. Mesoskinline reserves the right to change prices without notice.
3. PAYMENT
   1. Payment must be made when placing the order. Payment may be made by credit card, PayPal or bank transfer.
   2. As Mesoskinline only sells to distributors, resellers or buyers who use the products for business purposes, there is no right of cancellation or withdrawal.
4. DELIVERY AND DELIVERY TIMES
   1. Orders are normally delivered by TNT or GLS within 3-4 working days after receipt of the order. Mesoskinline accepts no responsibility for meeting the desired or expected delivery time.
   2. In the event of a delay, the Buyer must complain immediately. The Buyer may then only cancel the purchase if the Seller has not delivered within 10 working days after receiving a written demand from the Buyer. The Buyer may under no circumstances claim compensation for delay.

ALTERNATIVELY

4. 3. The method of shipment is determined by the Seller, and shipment is otherwise at the Buyer’s risk.
   4. If the Buyer requests special protection or packaging for the delivery, such protection or packaging will only be supplied under a separate prior agreement with the Seller, and all associated costs will be invoiced to the Buyer.
5. FORCE MAJEURE
   1. The Seller is not liable for delay in the event of force majeure, including but not limited to labour disputes and any other circumstances beyond the parties’ control, such as fire, war, seizure, currency restrictions, rebellion and unrest, lack of transport, general shortages of goods, delay, disposal [BØ1] [PK2] of large consignments, restrictions on power supplies, and also in the event of defective or missing deliveries from subcontractors, regardless of the cause.
   2. In these cases, timely delivery is postponed until the event ends, but for no more than 4 weeks, after which either party may cancel the transaction without this being considered a breach.
6. WARRANTY AND DEFECTS
   1. Any warranty is described for the products on www.mesoskinline.com.
   2. For defects in goods covered by a warranty, the warranty period is 2 years from delivery of the goods to the Buyer.
   3. The Buyer must carry out the usual inspections immediately upon delivery, including checking that the quantity is correct and whether there are any obvious faults or defects. Complaints that the goods are defective or do not comply with the contract, which the Buyer discovered or should have discovered when inspecting the goods on receipt, must be made in writing immediately after receipt and in any event no later than 8 days after receipt. Complaints must clearly describe the defect and include any relevant photographs.
   4. The warranty is conditional on the goods being sent to the Seller carriage paid immediately and within 14 days after the defect was discovered or should have been discovered; however, the claim must have been raised no later than 12 months after the delivery date.
   5. Defects that should have been discovered as part of the Buyer’s duty to inspect cannot be relied upon after the above deadlines.
   6. At the Seller’s option, defects in the goods sold will be remedied, the goods replaced, or the purchase price credited to the Buyer.
7. LIMITATION OF LIABILITY
   1. For claims concerning the Seller’s performance or non-performance of its obligations, the Buyer is entitled to compensation for direct loss subject to the following limitations:
      1. The Seller’s liability is limited to direct damage or loss and, regardless of the cause or nature of the claim, is limited to the amount invoiced for the service or goods that caused the damage or loss, or that caused or are directly connected with the claim for compensation.
      2. Under no circumstances is the Seller liable to the Buyer for operating losses, loss of profit, lost savings or other indirect losses or consequential damage arising from use of the goods sold or inability to use them, regardless of whether the Seller has been informed of the possibility of such claims[BØ3] [PK4] .
      3. Losses, expenses or costs associated with recalling, reordering, repairing, removing or taking equivalent measures in respect of defective products or products incorporating the Seller’s products cannot be claimed from the Seller. The Seller accepts no liability arising from the Buyer’s legal relationship with third parties.
8. RETURNS
   1. The Buyer is not entitled to return goods or deliveries from the Seller unless this has been agreed in advance and in writing. Where agreed, approved returned goods will normally be credited less 15 % of the selling price excluding VAT, provided they are delivered carriage paid to the Seller’s warehouse or another location in Denmark designated by the Seller.
9. PRODUCT LIABILITY
   1. The Buyer must indemnify the Seller to the extent that the Seller is held liable to third parties for damage or loss for which, under clause 7, the Seller is not liable to the Buyer.
   2. If a third party sues the Seller in relation to product liability, the Buyer agrees that it may be joined in the proceedings or sued before the court or arbitration tribunal hearing the case.
   3. Under no circumstances is the Seller liable for operating losses, loss of profit or other consequential financial losses. If a third party brings a liability claim against either party under this clause, that party must immediately notify the other.

ALTERNATIVELY:

1. 1. The Seller is liable for product liability in accordance with the provisions of Danish law on product liability. The Buyer must immediately notify the Seller if a third party asserts product liability against the Buyer. Unless otherwise required by mandatory rules, the Seller is not liable for operating losses, loss of profit or other indirect losses.

If a third party sues the Seller in relation to product liability, the Buyer agrees that it may be joined in the proceedings or sued before the court or arbitration tribunal hearing the case.

10. DESCRIPTIONS
    1. All specifications and information on dimensions, capacity, price, ingredients and other data stated in catalogues, data sheets, advertisements, images and price lists are approximate and for guidance only. Such information is therefore binding only to the extent expressly reproduced in the order or specifically referred to.
    2. If the design or specifications, etc., of a product sold by the Seller change before delivery, the Seller is entitled to supply the product with the design and specifications, etc., then applicable, provided that an objective assessment shows that the product has not deteriorated as a result. The same applies to the product’s appearance, including its colour.
11. Copyright
    1. Mesoskinline® is a protected trademark and may only be used for advertising purposes with written permission from Dermatech-group. The same applies to any text or copyright-protected image used for advertising purposes.
12. Jurisdiction / governing law
    1. Orders are normally delivered by TNT or GLS within 3-4 working days after receipt of the order. Mesoskinline accepts no responsibility for meeting the desired or expected delivery time.