1. Applicable conditions
1.1 These terms and conditions of sale (“Terms and Conditions”) apply to all purchases made by customers (“Customer(s)”) on our webshop www.estheticdermalsupply.com. The webshop is owned and operated by ProximaTech, 94 Rue des Entrepreneurs, 75015 Paris, France, SIRET n° SIRET : 8883092334211019 (“Esthetic Dermal Supply”, "we", "us", "our"). Cf. Legal Notice
1.2 All products sold by us through our webshop are covered by these Terms and Conditions, including but not limited to cosmetics, medical devices, pharmaceuticals, parapharmaceuticals and disposables ("Product(s)").
1.3 We only sell Products to doctors, aesthetic clinics, hospitals and wholesalers. We do not accept orders from private persons.
1.4 We advise you to thoroughly read through our Terms and Conditions before shopping in our webshop
2. Orders
2.1 Customers may place online orders 24 hours a day on our webshop. We will process the order as quickly as possible and usually within 48 working hours from receipt of the order.
2.2After an order has been placed, the Customer will receive an initial order overview by e-mail. Please note that this order overview is not an order confirmation and that the Customer’s order is not binding upon us at that time.
2.3 A binding agreement is made between the Customer and Esthetic Dermal Supply when the Customer receives an email with the shipment notification, invoice and packing slip (“Order Confirmation”).
2.4 When the Customer places a purchase order on the webshop, the purchase order is binding for the Customer.
3. Availability of Products
3.1 Although we endeavour to ensure the availability of the Products shown in the webshop, we cannot guarantee that all of the Products will be in stock. If we are unable to process or execute the order, we will either (i) offer the Customer an equivalent Product in terms of quality and price which the Customer may decide to accept or reject, or (ii) notify the Customer that we are unable to fulfil the order.
3.2 If the Customer rejects our offer of an alternative Product or in the event we are unable to fulfil the order, we shall have no further liability to the Customer, unless we have already received full payment for the Product(s), in which case we will refund the payment for the relevant Product(s). These are the sole remedies available for the Customer in case we are unable to fulfil the order due to lack of product availability.
4. Customer information
4.1 It is the Customer’s responsibility to ensure that all information necessary for the completion of the order and delivery, including but not limited to VAT number (if applicable), provided by the Customer is correct.
4.2 In case the Customer adjusts or changes the information provided to us, we reserve the right to verify these new information, and we will within 72 hours re-evaluate the Customer’s account details for approval.
5. Delivery and delay
5.1 Products in stock will upon confirmation be shipped the same day as the order has been placed or at the latest the following working. Products which are not in stock will upon confirmation be ready for shipment normally within 3-6 working days.
5.2 All orders will be shipped with DHL Express (1-3 working days). As for orders for North America and China, we use EMS/Postal service. The delivery time is between 4-8 working days and we provide our customers with a tracking number.
5.3 The maximum delivery time is 60 days of the date of the order. Normally delivery will take around 1-3 working days in Europe and 4-8 working days in North America & China.
5.4 If the order is delayed more than 6 working days from confirmation, we will notify the Customer hereof. The Customer’s sole and exclusive remedy in case of delay (for more than 6 working days) is a credit or repayment of the purchase sum (if paid), at the discretion of Esthetic Dermal Supply.
5.5 Esthetic Dermal Supply is not responsible for errors in delivery in situations where the delivery address provided by the Customer is wrong, impossible to deliver to or where the Customer has made changes to the information provided during the transit of the Products.
5.6 It is not possible to pick-up orders in our warehouse in Paris.
6. Price and payment
6.1 The price of any Products will be as quoted on our webshop from time to time, except in cases of obvious errors, i.e. when it is or should be evident that the price is not correct. All prices displayed on our webshop are exclusive VAT, any domestic taxes and duties and delivery costs. The delivery costs will be added to the total amount.
6.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent the Customer an Order Confirmation.
6.3 Our webshop contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed in the webshop may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to the Customer. If a Product´s correct price is higher than the price stated in the webshop, we will normally, at our discretion, either contact the Customer for instructions before dispatching the Product, or reject the Customer’s order and notify the Customer of such rejection.
6.4 We are under no obligation to provide the Product to the Customer at the incorrect (lower) price, even after we have sent the Customer an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by the Customer as a mispricing.
6.5 Payment for all Products must be made prior to order processing. We are under no obligation to deliver the Products until we have received correct and full payment from the Customer.
6.6 No business is conducted with EU based customers unless they carry a valid VAT number. All prices on www.estheticdermalsupply.com are shown in the currency EURO. We accept payment via credit card and from the following credit card providers: Visa, MasterCard & Maestro.
6.7 For all international orders paid with a company credit card or credit card issued outside the EU, an extra fee will be charged. Please see the fee in the check out process. Certain banks can have seperat credit card fee and we advise Customers to contact their own bank for answers on this matter.
6.8 In case you want to pay with TT direct via bank, we kindly ask you to contact us directly for bank details on email. Please note that a handling fee will be added to the invoice.
6.9 Customers paying by credit card are subject to validation checks. We reserve the right to delay or cancel any order if fraud is suspected.
7. Compliance with applicable laws and regulations
7.1 Esthetic Dermal Supply acts as an international wholesaler. Except as specified in these Terms and Conditions, we do not assume any liability for compliance with legislation applicable to the Customers or the Products in jurisdictions in which the Customers are established or conducts business.
7.2 By accepting these Terms and Conditions, the Customer proactively takes the responsibility of being in compliance with and strictly follow current international and local legislation in force for all handling of the Products.
7.3 The Customer warrants that it will obtain and maintain all permits, licenses and authorisations, and make all required notifications to relevant authorities, necessary for the import, marketing and distribution of the Products, including for reviewing and approving all product packages, labels and product information (e.g. the summary of product characteristics and the package leaflet) to ensure compliance with applicable laws and regulations.
7.4 The Customer warrants that it will be responsible for all post marketing obligations (if any), including marketsurveillance activities, such as reporting of substantial changes to the product specifications and quality systems, reporting of adverse events, handling of complaints, customer notifications and recalls.
7.5 The Customer warrants that any handling obligations or selling restrictions attached to the Products (following from e.g. these Terms and Conditions, the product package or applicable laws and regulations) as to further resale or import of the Products will be complied with, and that the Customer will impose such restrictions on any subsequent customer of the Products.
8. Defects
8.1 Except as expressly stated in these Terms and Conditions, Esthetic Dermal Supply makes no representation, statement of fact, promise or warranty of any kind or nature, express or implied, with respect to the Product or its merchantability or fitness for a particular purpose.
8.2 Products delivered by Esthetic Dermal Supply are deemed to be free of any defects and approved by the Customer, if defects are not reported in writing to Esthetic Dermal Supply as soon as they are discovered, and in no event later than 3 days after receipt of the Products by the Customer. The notification to Esthetic Dermal Supply must include a full and complete description of the complaint and any action taken in response to the complaint by the Customer.
8.3 The Customer warrants that the Customer, and if the Customer is not entitled to do so, then any subsequent customer who is entitled thereto, will perform an appropriate inspection of the Products delivered by Esthetic Dermal Supply immediately on delivery of the Products.
8.4 In the case of justified and properly notified complaints, Esthetic Dermal Supply is only be obligated, at its discretion, to reduce the price, repair the defect, replace the Products or take them back and refund the purchase price. These are the sole remedies available for the Customer.
8.5 Esthetic Dermal Supply will not reimburse the Customer for any transportation costs, handling fees, taxes, duties, processing fees or other fees incurred in connection with the return of the Products.
8.6 Your refund will be issued to the original credit card used to place the order. Shipping costs are not refunded. Please note that refunds can take up to 29 working days to show on your account due to varying processing times between payment providers. Contact your bank if you need to speed up the process.
8.7 Products, which Esthetic Dermal Supply consents or directs in writing to be returned, shall be returned by the Customer to Esthetic Dermal Supply or such other destination directed by Esthetic Dermal Supply. Esthetic Dermal Supply shall decide means of transportation (e.g. by ship, air, truck) and forwarding agent in each case. Esthetic Dermal Supply is not responsible for any damage on the Products during return shipment.
9. Products damaged in transit
9.1 Esthetic Dermal Supply bears the risk of freight of the Products to the Customer. Any claims for loss, shortage, breakage, leakage or other damage occurring in transit must be notified to Esthetic Dermal Supply at [email protected] immediately and no later than 3 days after the Customer has obtained or should have obtained knowledge thereof. Claims received after this time limit are not accepted.
9.2 Notification must be accompanied by relevant pictures of the loss, shortage, breakage or damage and the report made by the carrier. Claims submitted by the Customer without appropriate documentation will be rejected.
9.3 The Customer will cooperate fully and loyally with Esthetic Dermal Supply in its efforts to establish a claim against the carrier.
9.4 The sole and exclusive remedy of the Customer in case of damage in transit is a replacement order or repayment of the purchase sum, at the discretion of Esthetic Dermal Supply. The Customer disclaims all other remedies (including but not limited to indirect and consequential damages, etc.) in case of damages in transit.
9.5 In any case, Esthetic Dermal Supply is not liable for damages in transit where such damages amount to less than EUR 100. The amount is calculated per order.
10. Liability
10.1 Esthetic Dermal Supply is liable in accordance with the ordinary rules of French law with the limitations and exclusions set out in these Terms and Conditions.
10.2 Esthetic Dermal Supply is not liable to the Customer for damages for any indirect losses or claims, including but not limited to claims for damages not pertaining to the Products, loss of profit, loss of production, loss of goodwill, operating losses or any other indirect losses.
10.3 Esthetic Dermal Supply’ total aggregated liability for any and all claims including damages and/or refund of purchase price is limited to an amount equal to the purchase price paid for the Products to which the claims relate. The aforesaid monetary limitation applies irrespective of the basis of the liability and will to the widest extent possible include claims based on acts of negligence (whether ordinary or gross negligence), strict liability, product liability, etc.
10.4 Any claims, including claims for breach, remediation of defects and delays, will be barred and obsolete 3 months following delivery of the Products, irrespective of whether the Customer was or should have been aware of the existence of the claim.
11. Third party rights
11.1 The parties agree that Esthetic Dermal Supply assumes no liability for the Products’ possible infringement of any intellectual property rights of third parties.
11.2 In the event that the Customer receives notice or is otherwise informed of any claim, suit or demand on account of any alleged infringement of intellectual property rights of third parties relating to the Products, the Customer must promptly notify Esthetic Dermal Supply thereof.
12. Product liability
12.1 Esthetic Dermal Supply is not liable for bodily injury or damage to other products caused by the Products, except to the extent such liability cannot be excluded under applicable mandatory law.
12.2 Esthetic Dermal Supply is in no event liable for damage to property caused by the Products after delivery has taken place and/or whilst the Products are in the possession of the Customer, including but not limited to damage to products manufactured by the Customer or to products of which the Customer’s products form a part.
12.3 Esthetic Dermal Supply’ liability will in no event exceed the purchase sum for the Products giving rise to the claim per year, except in relation to personal injury.
12.4 If Esthetic Dermal Supply incurs product liability towards a third party that the Customer is rightfully liable for, the Customer shall indemnify Esthetic Dermal Supply if and to the same extent as the liability of Esthetic Dermal Supply is limited in accordance with this clause 12, i.e. including but not limited to situations where Esthetic Dermal Supply is held liable towards the third party although no failure or negligence by Esthetic Dermal Supply is proven or where such failure or negligence by Esthetic Dermal Supply is proven, but the damages to be paid by Esthetic Dermal Supply to the third party exceeds the sum mentioned above.
12.5 Esthetic Dermal Supply is entitled to file a claim against the Customer at the same venue as a third party has filed a claim against Esthetic Dermal Supply in relation to a dispute concerning product liability arising from the Products in relation to a third party.
13. Adverse event reporting and recall
13.1 The Customer must within 5 days from the time when information on an adverse event became or should have become the Customer's knowledge provide any available information thereon to Esthetic Dermal Supply. In this respect, an adverse event means (i) any malfunction, failure, defect or deterioration in the characteristics and/or performance of a Product, as well as any inadequacy in the labelling or the instructions for use which, directly or indirectly, has, might lead to or might have led to the death of a patient or user or of other persons or to a serious deterioration in their state of health and (ii) any technical or medical reason in relation to the characteristics or performance of a product leading to systematic recall of Products of the same type by the Customer.
13.2 If the Customer becomes aware of any other information regarding the Products, including possible infringement of intellectual property rights, that the Customer believes is reasonably likely to be of importance to Esthetic Dermal Supply, the Customer must immediately notify Esthetic Dermal Supply.
13.3 Esthetic Dermal Supply will notify the Customer immediately in the event of Esthetic Dermal Supply' knowledge about a product recall and will provide instructions on how to assist in returning all affected products. Esthetic Dermal Supply may determine the recall measures required from the Customer on a recall-by-recall basis, and the Customer must comply with such measures unless such instructions are in violation of laws and regulations applicable to the Customer. Without further instruction, the Customer must provide to Esthetic Dermal Supply any available documentation on seizure notices from public agencies and recall notices sent to the Customer's subsequent customers. The Customer bears its own cost in connection with recalls of the Products. The Customer provides all reasonable assistance requested by Esthetic Dermal Supply in the conduct of a recall.
14. Taxes and other payments
14.1 The Customer is solely responsible for collection, transfer and payment of any taxes, expenses, charges, duties, fees and other payments (the “Charges”), imposed with regard to the purchase, sale, export, import and other actions with the Products, or, in general, any Charges arising out of, or incidental to, the carrying on of your own business, whether or not these Charges relate to the Products.
14.2 Esthetic Dermal Supply is not liable for Charges imposed by the tax and customs authorities in the recipient country or otherwise caused by the Product ordered being sent to the recipient country, and the Customer is therefore liable for payment thereof.
14.3 Esthetic Dermal Supply is not responsible for any delays due to the tax and customs authorities’ seizure of the Products.
15. Extraordinary circumstances
15.1 Esthetic Dermal Supply is not liable for any loss or damage caused by delay in the performance or non-performance of any of its obligations under these Terms and Conditions due to extraordinary circumstances outside the reasonable control of Esthetic Dermal Supply.
16. Governing law and venue
16.1 These Terms and Conditions, including disputes regarding their existence or validity, are governed by French law, irrespective of any conflict of laws rules, which could otherwise result in the application of the laws of another jurisdiction to the dispute, and excluding any international private law rules such as the United Nations Convention on Contracts for the International Sale of Goods (CISG).
16.2 Any dispute arising out of, or in connection, with this these Terms and Conditions, including disputes regarding their existence or validity, must be settled by the ordinary French courts.
16.3Notwithstanding clause 16.2, as regards Customers from countries which are not a party to a mutual convention on recognition of judgements with French and which are a party to the New York Arbitration Convention, any dispute arising out of, or in connection with, these Terms and Conditions must be finally settled by arbitration administrated by The French Institute of Arbitration in accordance with the rules of arbitration procedure adopted by The French Institute of Arbitration and in force at the time when such proceedings are commenced. The Institute of Arbitration will appoint one arbitrator, who will be the chairman of the arbitral tribunal. The place of arbitration shall be Paris, France.
16.4 Notwithstanding the above, Esthetic Dermal Supply will always be entitled to initiate legal proceedings at the home jurisdiction of the Customer.