Terms and Conditions
These terms and conditions of sale (“Terms and Conditions”) apply to all purchases made by customers (“Customer(s)”) on our webshop www.dermalms.com. The webshop is owned and operated by Dermal Medical Supply ApS, Store Kongensgade 11, 1664 Copenhagen, DK – CVR-no. 43803573 (“Dermal Medical Supply”, “we”, “us”, “our”).
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)”).
We only sell Products to doctors, aesthetic clinics, hospitals and wholesalers. We do not accept orders from private persons.
We advise you to thoroughly read through our Terms and Conditions before shopping in our webshop
Orders
Customers may place online orders 24 hours a day on our webshop or via our customer service. We will process the order as quickly as possible and usually within 48 working hours from receipt of the order.
After 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.
A binding agreement is made between the Customer and Dermal Medical Supply when the Customer receives an email with the order confirmation, shipment notification & invoice.
When the Customer places a purchase order, the purchase order is binding for the Customer and can not be cancelled.
Availability of Products
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 fulfill the order.
If the Customer rejects our offer of an alternative Product or in the event we are unable to fulfill 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 fulfill the order due to lack of product availability.
Customer information
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.
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.
Delivery and delay
Products in stock will typically be shipped within 2-5 working days upon the order confirmation. Delivery times are estimates. Delays may occur.
In certain cases, partial delivery may be necessary. Should this occur, we will promptly notify the Customer.
If the products are not in stock we will promptly notify the Customer with expected restocking dates. Once an order has been shipped, it cannot be cancelled.
All orders will be shipped via DHL, DHL Express, Fedex & UPS.
The maximum delivery time is 60 days from the date of the order. Typically, delivery takes around 4-7 working days in Europe and 7-10 working days in North America & China.
If an order is delayed beyond 60 working days from confirmation, we will inform the Customer accordingly.
Dermal Medical Supply shall not be held responsible for delivery errors arising from incorrect or undeliverable addresses provided by the Customer, or if the Customer makes changes to the delivery information during the transit of the Products.
Any orders missing while in transit with the carrier must be notified to Dermal Medical Supply. It is essential for Dermal Medical Supply to file a claim directly with the carrier. The processing of this claim may take up to 60 working days. During the investigation period, no modifications can be made to the order, and refunds or replacements cannot be issued.
Please note that orders cannot be picked up from our warehouse. However, customers can arrange their own pickup of orders through one of the following shipping companies: DHL, DHL Express, Fedex & UPS.
The cost of shipping is not included unless it is stated on the invoice.
Price and payment
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.
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.
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.
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.
No business is conducted with EU based customers unless they carry a valid VAT number. All prices on www.dermalms.com are shown in the currency EURO. We accept payment via credit card and from the following credit card providers: Visa, MasterCard, Maestro & Apple Pay.
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 separate credit card fees and we advise Customers to contact their own bank for answers on this matter.
Payment by credit card will only be deducted from your account once your order has been confirmed.
When using a payment card, debit to credit card, a reservation is made for the amount traded for. This amount is reserved until we process your order. When the order is ready for dispatch, the amount will be withdrawn from the account. The reservation time depends on the product. When using a Debit Card, you will be able to see that money is reserved on your account and your available amount will therefore appear to be less. If you or we cancel the order, then we will not be able to withdraw the payment from your order, but you will still be able to see the reservation amount on your account for some time. It is only the bank or card issuer that can cancel such reservation. The money will be withdrawn from your account when the web shop processes and withdraws the payment from your order. The transaction will not appear in your bank overview.
Customers paying by credit card are subject to validation checks. We reserve the right to delay or cancel any order if fraud is suspected.
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.
We are under no obligation to deliver the Products until we have received correct and full payment from the Customer.
Compliance with applicable laws and regulations
Dermal Medical 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.
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.
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.
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.
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.
Defects
Except as expressly stated in these Terms and Conditions, Dermal Medical 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.
Products delivered by Dermal Medical Supply are deemed to be free of any defects and approved by the Customer, if defects are not reported in writing to Dermal Medical 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 Dermal Medical Supply must include a full and complete description of the complaint and any action taken in response to the complaint by the Customer.
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 Dermal Medical Supply immediately on delivery of the Products.
In the case of justified and properly notified complaints, Dermal Medical Supply is only 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.
Dermal Medical 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.
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.
Products, which Dermal Medical Supply consents or directs in writing to be returned, shall be returned by the Customer to Dermal Medical Supply or such other destination directed by Dermal Medical Supply. Dermal Medical Supply shall decide means of transportation (e.g. by ship, air, truck) and forwarding agent in each case. Dermal Medical Supply is not responsible for any damage on the Products during return shipment.
Products damaged in transit
Dermal Medical 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 Dermal Medical Supply at contact@dermalms.com 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.
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.
The Customer will cooperate fully and loyally with Dermal Medical Supply in its efforts to establish a claim against the carrier.
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 Dermal Medical Supply. The Customer disclaims all other remedies (including but not limited to indirect and consequential damages, etc.) in case of damages in transit.
In any case, Dermal Medical Supply is not liable for damages in transit where such damages amount to less than EUR 100. The amount is calculated per order.
Liability
Dermal Medical Supply is liable in accordance with the ordinary rules of Danish law with the limitations and exclusions set out in these Terms and Conditions.
Dermal Medical 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.
Dermal Medical 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.
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.
Third party rights
The parties agree that Dermal Medical Supply assumes no liability for the Products’ possible infringement of any intellectual property rights of third parties.
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 Dermal Medical Supply thereof.
Product liability
Dermal Medical 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.
Dermal Medical 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.
Dermal Medical Supply’ liability will in no event exceed the purchase sum for the Products giving rise to the claim per year.
If Dermal Medical Supply incurs product liability towards a third party that the Customer is rightfully liable for, the Customer shall indemnify Dermal Medical Supply if and to the same extent as the liability of Dermal Medical Supply is limited in accordance with this clause 12, i.e. including but not limited to situations where Dermal Medical Supply is held liable towards the third party although no failure or negligence by Dermal Medical Supply is proven or where such failure or negligence by Dermal Medical Supply is proven, but the damages to be paid by Dermal Medical Supply to the third party exceeds the sum mentioned above.
Dermal Medical Supply is entitled to file a claim against the Customer at the same venue as a third party has filed a claim against Dermal Medical Supply in relation to a dispute concerning product liability arising from the Products in relation to a third party.
Adverse event reporting and recall
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 there on to Dermal Medical 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.
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 Dermal Medical Supply, the Customer must immediately notify Dermal Medical Supply.
Dermal Medical Supply will notify the Customer immediately in the event of Dermal Medical Supply’ knowledge about a product recall and will provide instructions on how to assist in returning all affected products. Dermal Medical 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 Dermal Medical 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 Dermal Medical Supply in the conduct of a recall.
Taxes and other payments
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.
Dermal Medical 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.
Dermal Medical Supply is not responsible for any delays due to the tax and customs authorities’ seizure of the Products.
Extraordinary circumstances
Dermal Medical 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 Dermal Medical Supply.
Governing law and venue
These Terms and Conditions, including disputes regarding their existence or validity, are governed by Danish 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).
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 Danish courts, and if possible before the court of Frederiksberg as the court of first instance.
Notwithstanding clause 16.2, as regards Customers from countries which are not a party to a mutual convention on recognition of judgements with Denmark 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 Danish Institute of Arbitration in accordance with the rules of arbitration procedure adopted by The Danish 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 Copenhagen, Denmark.
Notwithstanding the above, Dermal Medical Supply will always be entitled to initiate legal proceedings at the home jurisdiction of the Customer.
