TERMS AND CONDITIONS OF SALE AND DELIVERY AT:
DK-7120 Vejle – Denmark
Telephone: (+45) 71741108
E-mail: [email protected]
Company Registration number: 39967065
1.1 The following terms and conditions of sale and delivery apply to purchases from mesoskinline (Dermatech-group), Co. Reg. No. 39967065 (hereinafter referred to as” mesoskinline”) to the customer (hereinafter referred to as the ”Buyer”).
2.1 All stated prices are without applicable VAT.
2.2 VAT will not be charged to companies in the EU outside Denmark, which have a valid VAT number or to buyers in countries outside the EU. The goods delivered remain mesoskinline's property until all claims against the Buyer have been settled.
2.3 mesoskinline reserves the right to change prices without warning.
3.1 Payment is required upon ordering. Payment must be done using a credit card, PayPal or bank transfer.
3.2 mesoskinline only sells to distributors, resellers or buyers who use the products for commercial purposes. Consequently, no cancellation rights exist.
4. SUPPLY AND DELIVERY TIMES
4.1 Order delivery is via TNT or GLS and estimated within 3-4 working days once the order has been received. mesoskinline takes no responsibility for meeting the desired and ex-pected delivery time.
4.2 The Buyer must notify of any delays. Hereafter, the Buyer can only cancel the purchase if the mesoskinline has not delivered within 10 working days following written demand to mesoskinline from the Buyer. The Buyer is under no circumstances entitled to claim compensation following a delay.
4.3 Shipment is at the Buyer’s risk.
4.4 Should the Buyer wish the delivery to be specially protected or packaged, such protec-tion or packaging will only be delivered following prior agreement with the MESOskin-line, and the Buyer is invoiced for all related costs.
5. FORCE MAJEURE
5.1 mesoskinline is not responsible for delays in case of force majeure, including but not limited to labour disputes and any other circumstances beyond the control of the parties such as fire, war, seizure, currency restrictions, riot and unrest, lack of means of transport, general shortage of goods, delay, disposal of major product lots, restrictions on power, and also in the event of defective or missing deliveries from subcontractors, regardless of the reason for this.
5.2 In such cases, timely delivery will be postponed to the end of the incident, although for no longer than 4 weeks, after which time both parties are entitled to withdraw the trans-action without this being considered as a violation.
6. WARRANTY AND DEFECTS
6.1 Any warranties are described for the products on www.mesoskinline.com.
6.2 For defective goods under warranty, the warranty period is 2 years from delivery of goods to the Buyer.
6.3 Upon receipt of goods delivery, it is the Buyer’s responsibility to perform the standard checks on the goods delivered, hereunder that quantities are correct and whether there are any obvious errors or defects. Complaints about goods that are defective or not ac-cording to contractual obligations, which the Buyer has or should have confirmed upon receipt of the goods, must be in writing and sent immediately after receipt of the goods, and under no circumstances later than 8 days after receipt. Complaints must provide a clear description of the defect and enclose any photographic evidence if necessary.
6.4 The warranty is conditional upon the product being sent immediately the defect has been detected, and within 14 days, to mesoskinline free of charge, where claims must be raised within 12 months of the delivery date.
6.5 Defects that should have been detected as part of the Buyer's duty to inspect the prod-ucts cannot be claimed for after the above deadlines.
6.6 At mesoskinline's discretion, defects on goods sold will either be remedied, returned or a refund for the goods sold will be credited to the Buyer.
7. LIMITATION OF LIABILITY
7.1 For claims that affect mesoskinline's fulfilment or lack of fulfilment of their obligations, the Buyer is entitled to compensation for direct loss with the following limitations:
7.1.1 The mesoskinline's liability is limited to direct damage / loss and is – regardless of the reason and irrespective of the nature of the claim - limited to the amount billed for the service or product that caused the damage / loss or has caused or is directly linked to the claim.
7.1.2 Under no circumstances is mesoskinline liable to the Buyer for consequential loss, loss of profit, lost savings or other indirect losses or consequential damages arising from the use of the sold products or the inability to use these, regardless of whether MESOskin-line has been informed of the possibility of such claims.
7.1.3 Losses, charges, costs associated with reclaiming, reordering, repairing, removing or finding similar measures for defective products or products which the mesoskinline's products are a part of, cannot be claimed against mesoskinline. mesoskinline assumes no liability as a consequence of the Buyer’s legal relationship with third parties.
8. RETURN GOODS
8.1 The Buyer is not entitled to return goods and deliveries from mesoskinline without pri-or written agreement. In the event that this has been agreed, the approved return goods will normally be credited with a deduction of 15% of the sale price, excl. VAT and sent free of charge to mesoskinline warehouse or other designated area in Denmark.
9. PRODUCT LIABILITY
9.1 For product liability, mesoskinline is liable in accordance with Danish law on product liability. The Buyer must notify MESOskinline immediately if a third party imposes product liability on the Buyer. To the extent that nothing else follows from mandatory rules, MESOskinline is not liable for operating loss, loss of profits or other indirect loss.
9.2 If mesoskinline is sued by a third party in connection with product liability, the Buyer accepts to be admitted during the case or to act as a defendant to the court or arbitra-tion tribunal dealing with the case.
10.1 All specifications and information about dimensions, capacity, price, ingredients and other data stated in catalogues, data sheets, adverts, photos and price lists are approxi-mate and a guideline only. Such information is therefore only binding if this is expressly stated in the order, or if it is referred to specifically.
10.2 Should the construction or specifications etc. for one of the products sold by MESOskin-line change before delivery, mesoskinline is obliged to deliver the product with the now applicable construction and specification etc., if the product, following an objective as-sessment, has not deteriorated as a result. The same applies to the product’s other ap-pearance, including colour.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 The Buyer shall not use or sell the products in such a manner so as to infringe any rights of mesoskinline or any third party and in particular shall not alter, obscure, conceal, remove or otherwise interfere with any labelling or markings or packaging on the prod-ucts.
11.2 The Buyer acknowledges that all patents, registered designs, design rights, copyrights, trademarks and any other or similar rights in the products (including their packaging) shall be and remain vested in mesoskinline .
11.3 The Buyer undertakes to indemnify and keep the mesoskinline indemnified against any liability, claim, damage, loss, cost, or expense that mesoskinline may incur arising out of the Buyer’s breach of the warranty contained in Clause 11.
12. GOVERNING LAW AND VENUE
12.1 These Terms, including disputes regarding their existence or validity, are governed by Danish law, irrespective of any conflict-of-laws rules which might refer the dispute to the laws of another jurisdiction.
12.2 The exclusive place of jurisdiction for disputes in connection with these Terms shall be the Danish Maritime and Commercial Court.
12.3 This jurisdiction does not exclude the jurisdiction of other courts for interim relief pro-ceedings.