STANDARD TERMS AND CONDITIONS & WEBSITE PRIVACY STATEMENT

FOR SUPPLY OF GOODS AND SERVICES FOR TRADE CUSTOMERS

OF

Cosmederma LTD company no: 6242131

TRADE TERMS AND CONDITIONS APPLY IF YOU ARE NOT A TRADE CUSTOMER CLOSE THIS WEBSITE.

NOTE: Mediderma.co.uk is for wholesale trade customers only, we do not sell anything from this website to the general public. We do not deal with consumer sales, by placing an order via this website you are confirming that you are not a consumer for the purposes of the consumer credit legislation and for the purposes of the sale of goods legislation and that you are in business and purchasing the goods for the purpose of that business and not for personal use.

Goods are sold on the understanding that they will be used for their intended purpose. No responsibility will be accepted by the seller, for trained or untrained personnel using or mis-using the products or equipment.

1              DEFINITIONS

                In this document the following words shall have the following meanings:

1.1          "Agreement" means these Terms and Conditions together with the terms of any applicable Specification Document;

1.2          "Customer" means the organisation or person who purchases goods and services from the Supplier;

1.3          "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;

1.4          "Specification Document" means a statement of work, quotation, purchase order form, invoice or other similar document describing the goods and services to be provided by the Supplier. All Specification Documents shall be subject to these Terms and Conditions.

1.5          "Supplier" means Cosmederma Ltd of The Coach House 24b Park Hill Street, Lancs.  

2              GENERAL

2.1          These Terms and Conditions shall apply to all contracts for the supply of goods and services by the Supplier to the Customer.

2.3          The Supplier shall use all reasonable endeavours to complete the services within estimated time frames but time shall not be of the essence in the performance of any services.

2.4          You confirm that you have internet access to locate the terms and conditions contained herein and as may be amended in the future on the website www.mediderma.co.uk  we reserve the right to change these terms and conditions at any time. It is your responsibility to read the terms and conditions on each occasion you place an order and your continued ordering shall signify your acceptance to be bound by the latest terms and conditions. If the website is unavailable or under construction it is your responsibility to request the latest terms and conditions via  email to terms@mediderma.co.uk or if the email is not available telephone to request.

2.5          As a trade customer, you confirm that you have the authority to bind any business on whose behalf you place orders with Cosmederma Ltd

3.8          Should Cosmederma Ltd determine that the customer or its servants or agents have brought Cosmederma Directors, staff, brands, or products into disrepute Cosmederma Ltd reserve their right to refuse future supply of goods or services.

3              PRICE AND PAYMENT

3.1          The price for the supply of goods and services are as set out in the Specification Document. The prices stated on a Specification Document may not be the same for subsequent orders. See 3.9

3.2          All payments are required in advance of delivery. Orders will not be dispatched until cheques have cleared. Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.

3.3          The customer is required to order in writing to Cosmederma via email excel order sheet, fax or using our web ordering facility if available at www.mediderma.co.uk

3.4          Acceptance of your order and the completion of the contract between you and us will take place on receipt of your purchase order according to the provisions in 3.3 unless in the unlikely event Cosmederma notify you that the order acceptance is not possible. If your order is deemed a “special order”  - see 3.5 we will ain to notify you within 3 working days from the receipt of your order that this is the case and you will be required to confirm your acceptance of this order and its completions becomes a contract between us.

3.5          “Special orders” are the status awarded to orders for large bulk orders or products not normally stocked in the U.K In this case you will be notified that your order is deemed by Cosmederma to be special and will be subject to additional/different cancellation terms. See 8.4    

4              SPECIFICATION OF THE GOODS

                All goods shall be required only to conform to the specification in the Specification Document.  For the avoidance of doubt no description, specification or illustration contained in any product pamphlet or other sales or marketing literature of the Supplier and no representation written or oral, correspondence or statement shall form part of the contract.

5              DELIVERY

5.1          All orders are subject to a delivery charges. Orders can not be picked up from our premises. If the customer does not take delivery of the order for any reason and the order is sent back to us for re-delivery then delivery will be charged again.

5.2          The date of delivery specified by the Supplier is an estimate only.  Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods.

5.3          All risk in the goods shall pass to the Customer upon delivery.

5.4          Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by the delivery company.

6              DAMAGES, QUERIES, MISSING PRODUCTS

6.1          Any goods received damaged must be reported by telephone or email within 48hrs of receipt of the goods. Failure to do so will result in the goods being deemed satisfactory and no liability for a replacement shall arise on Cosmederma Ltd.

6.2          Any goods missing must be reported by telephone or email within 48hrs of receipt of the goods. Failure to do so will result in the goods being deemed present and no liability for supply shall arise on Cosmederma Ltd.

6.3          Any replacements will only be issued after customer has returned originals together with a returns number issued by Cosmederma Ltd

6.4          No replacements or refunds will be given for products returned by the customer that were in turn returned to them by their customer. It is anticipated that in the course of any business there will always be a small number of end-customers that might not be happy with the goods they have purchased. It will be the prerogative of the customer to replace, refund or make good their customers accounts if they deem fit. In the unlikely event where there is a return due to a product manufacturing fault see 6.3

7              CANCELLATION OF AN ORDER

7.1          In the case of an order being cancelled before despatch, Cosmederma Ltd reserve the right to charge 15% of the total value of the order to cover restocking and administration.

7.2          Orders can not be cancelled or refunded after being accepted by the customer.

7.3          Training courses require 2 weeks notice in writing to cancel, you will be offered an alternative place on a future course at no extra charge. Deposits and payments for training are non refundable.  

7.4          Where a “special order” is cancelled prior to or after delivery or if delivery is refused or not possible the customer agrees to pay for the order in full.

8              CUSTOMER`S OBLIGATIONS

8.1          To enable the Supplier to perform its obligations under this Agreement the Customer shall:

                8.1.1       co-operate with the Supplier;

8.1.2       provide the Supplier with any information reasonably required by the Supplier;

8.1.3       obtain all necessary permissions and consents which may be required before the commencement of the services; and

8.1.4       comply with such other requirements as may be set out in the Specification Document or otherwise agreed between the parties.

8.2          The Customer shall be liable to compensate the Supplier for any expenses incurred by the Supplier as a result of the Customer’s failure to comply with Clause 7.1.

8.4          In the event that the Customer or any third party, not being a sub-contractor of the Supplier, shall omit or commit anything which prevents or delays the Supplier from undertaking or complying with any of its obligations under this Agreement, then the Supplier shall notify the Customer as soon as possible and:

7.4.1       the Supplier shall have no liability in respect of any delay to the completion of any project;

7.4.2       if applicable, the timetable for the project will be modified accordingly;

7.4.3       the Supplier shall notify the Customer at the same time if it intends to make any claim for additional costs.

9              INDEMNIFICATION

                The Customer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise, directly or indirectly, from the Customer’s breach of any of its obligations under this Agreement, including any claims brought against the Supplier alleging that any goods and/or services provided by the Supplier in accordance with the Specification Document infringes a patent, copyright or trade secret or other similar right of a third party.

10           LIMITATION OF LIABILITY

10.1        Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates.

10.2        In no event shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.

10.3        Nothing in these Terms and Conditions shall exclude or limit the Supplier’s liability for death or personal injury resulting from the Supplier’s negligence or that of its employees.

10.4        Cosmederma Ltd will use reasonable endeavours to verify the accuracy of information on marketing materials, and websites but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the products or associated services.

11           INTELLECTUAL PROPERTY RIGHTS

                All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Supplier, and the Customer shall do all that is reasonably necessary to ensure that such rights vest in the Supplier by the execution of appropriate instruments or the making of agreements with third parties.

11.1        You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of the resale or promotion of and products bought from Cosmederma Ltd shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by our licensors. You agree to withdraw any and all of the material after proper notification from us without any course of explanation. You agree to show Cosmederma Ltd all drafts of written broachers containing the material before going to print for our perusal and making any possible changes that may be necessary. 

12           FORCE MAJEURE

                Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

13           INDEPENDENT CONTRACTORS

                The Supplier and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. The Supplier may, in addition to its own employees, engage sub-contractors to provide all or part of the services being provided.

14           ASSIGNMENT

                The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Supplier.

15           SEVERABILITY

                If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

16           WAIVERS

                No delay or failure by Cosmederma Ltd to exercise any powers, rights, or remedies under these terms and conditions will operate as a wavier of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. For any waiver to be effective must be in writing and signed and stamped by an authorised representative of Cosmederma Ltd.

18           ENTIRE AGREEMENT

                This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written.

19           NO THIRD PARTIES

                Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

20           GOVERNING LAW AND JURISDICTION

                This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

EXTRA WEBSITE TERMS & CONDITIONS TO INCLUDE ALL THE ABOVE TERMS AND CONDITIONS

Your use of this site indicates your agreement of all the terms and conditions stated on this page. If you do not accept these conditions please close this window to exit mediderma.co.uk

Information:
All the content on this web site is for educational and informational purposes. It is not intended as medical advice. Although medidera.co.uk strives to be as accurate as possible all the information that is within this web site is not guaranteed to be completely accurate. We do not specifically recommend or endorse any of the treatments displayed on this web site. We do not offer a referral service and do not warranty, guarantee or specifically endorse any of the therapists or companies who advertise their service on this web site. Cosmederma Ltd accepts no liability or responsibility whatsoever for any alleged harm rising from the use or dissemination of the material on this website.

Products:
The customer accepts full responsibility for reading the ingredients and product use guides of all products provided prior to any use. Any effects as a result of misuse are of the full responsibility of the consumer. The customer accepts full responsibility for any reactions to any of the products used. We advise all customers to ensure that the product they have purchased is suitable for any use intended. Although mediderma.co.uk strives to be as accurate as possible all the product information that is within this web site is not guaranteed to be completely accurate product formulas and ingredients may change.

Advertisements:
Claims, and Information about any products that are listed on our web site. The information listed on the product pages of this web site is provided by the individual product manufacturers. mediderma.co.uk is not responsible for the validity of claims made by those manufacturers regarding their individual products. If you have questions about or dispute any statement of claims made about any product sold by mediderma.co.uk please direct those questions to the manufacturer.

Prices:
All prices are in British Pounds.
Prices are subject to change without notice.

Duties
International customers from outside the U.K will be responsible for payment of any applicable duties at the time an order arrives at its destination. You must contact your local Department of Commerce for information about any duty and taxes that may be added. There are no duties, taxes or extra charges for orders shipped to U.K.

Limitation of Liability
Under no circumstances shall cosmederma Ltd, its directors, owners, employees, representatives, or any other person acting on behalf of the company, be responsible or liable for any direct, indirect or consequential damages of any kind, including loss of earnings, loss of profit or any other loss in any way related to the use of the website, the content thereof or any material accessed through the website. This includes without exception any damages occurring as a result of use of any information obtained through the website, or any errors, omissions, interruptions, mistakes, email errors, viruses, delays, or failure, that is in any way connected to use of the website, whether or not caused by communications failure, 'act of god' theft, destruction or unauthorised access to our records, programs or files.

Licence and site access
mediderma.co.uk grants you a limited license to access and make personal use of this site. This license does not include any resale or commercial use of this site or its contents including any collection and use of any product listings, descriptions, or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use terminates the permission or license granted by mediderma.co.uk. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of mediderma.co.uk so long as the link does not portray mediderma.co.uk its collaborators, or their products or services in a false, misleading, derogatory, or offensive matter.

Governing Law.
This site is operated from within the U,K. We make no representation that content on this site is legal or appropriate for use from outside the U.K. You agree that any legal action or inequity arising out of or relating to these Web site Terms and Conditions or your use of the Web site shall be filed only in the U.K. and you hereby irreversibly and absolutely consent and submit to the sole authority of such courts over any suit, action or proceeding arising out of or relating to these Web site Terms and Conditions or your use of the Site.

Please note that not all products sold on mediderma.co.uk are suitable for purchase outside of the UK. If you access either website from outside the United Kingdom, you are responsible for compliance with local laws.

Internet Fraud.
In the interest of preventing Internet fraud, we reserves the right refuse to ship any order that is submitted with an untraceable or free email address, invalid telephone number or address.

General Questions and Comments
General questions or comments about this web site may be directed by e-mail to info@mediderma.co.uk
Tel 01376 560600      5 New St, Essex, CM71ER

WEBSITE PRIVACY STATEMENT

mediderma.co.uk understands that privacy is important to you. We respect the privacy of all our customers and business contacts. This document sets out our Privacy Policy, and describes how we will handle the personal information that you provide to us.

Uses of Information:
We use the information you provide when placing an order to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order or to provide services where the outside party is acting on our behalf and has no independent right to use the information we provide (i.e. a third party shipping or customer support center).

We may use the personally identifying information you provide for any of the following purposes (1) to fulfil orders; (2) to fulfil prizes; (3) to respond to specific requests from customers; (4) to send you emails and regarding your order status; (5) if you subscribe to our newsletter, to send you our newsletter.

(6) Existing customers we may contact you from time to time (approximately 1 email a month) with discounts and special offers, if you do not want to receive special offers and discounts please email us back here. nodiscount@sesderma.co.uk

None of your personal financial information (such as a credit card number and expiration date) is stored by us. Therefore it is impossible for it to be sold or rented to any party for secondary purposes

Children's Privacy:
This wesite is not intended for children but protecting the privacy of the very young is especially important. For that reason, we do not collect or maintain information from those we actually know are under the age of 16.

Links to Other Sites:
mediderma.co.uk contains links to other sites that are not owned or controlled by mediderma.co.uk Please be aware that we, mediderma.co.uk are not responsible for the privacy practices of such other sites.

We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information.

This privacy statement applies only to information collected by this Web site.

Legal Disclaimer:
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.

Consent:
By disclosing your personal information to us using this website or over the telephone, you consent to the collection, storage and processing of your personal information by mediderma.co.uk in the manner set out in this Privacy Policy.

We conform to the requirements of the Data Protection Act, 1998