Terms & Conditions
1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Services from the Supplier;
1.3 “Contract” means the contract between the Supplier and the Buyer for the provision of Services incorporating these Terms and Conditions;
1.4 “Services” means the services that the Buyer agrees to buy from the Supplier, including a simple consultation;
1.5 “Supplier” means Dermaskin MENA (Middle East and North Africa), the operator of the Dermaskin.co.uk website.
Email Contact Address for website and technical queries only – webmaster(at)dermaskin.co.uk
Clinical Contact Address only – Via the Contact Us page of the website.
1.6 “Terms and Conditions” means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.7 “Website” means Dermaskin.co.uk
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.4 Any complaints should be addressed to the Supplier’s address stated in clause 1.5.
2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
3.1 All orders for Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order or supply the Service for any reason.
3.2 Deposit payments are required from all Buyers to secure Service Appointments.
3.3 Deposit payments may vary from time to time, be altered or withdrawn, without prior notice.
3.4 The Supplier reserves the right to reject an order for any reason, and will give notice to the Buyer of at least 24 hours.
4 PRICE AND PAYMENT
4.1 The price of the Services shall be that stipulated on the Website. The price is EXCLUSIVE of VAT, if applicable.
4.2 The total purchase price, including VAT, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Services together with information on the right to cancel if the Buyer is a Consumer
4.4 Payment of the price plus VAT, if applicable, must be made at time of purchase. Payment must be made without deduction or set-off.
4.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.
4.6 All Service Appointments will require the payment of a Deposit, as way of Security.
4.7 Dermaskin reserves the right to modify or alter the Deposit charge at any time, without prior notice.
4.8 Dermaskin does not offer free appointments or consultations and the Deposit may be offset against the cost of full treatment.
4.9 The Deposit will not be refunded once the Service has been performed. This includes ‘No Shows’ and in cases where no treatment has been indicated.
5.1 The Supplier shall begin to perform the Services at mutually acceptable times and place.
5.2 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
5.4 Subject to clause 5.3, either party may terminate this agreement (as regards some or all of the Services) at any time for any reason by giving to the other 30 days written notice, and any payment due remains payable and, if already paid, will be refunded.
5.5 The Supplier may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice if the Buyer breaches any term of this agreement, and any payment due remains payable and, if already paid, will be non-refundable.
6 RIGHTS OF SUPPLIER
6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6.2 The Supplier reserves the right to withdraw the Services from the Website at any time,without prior notice.
6.3 The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.
6.4 The Supplier shall not be liable for any change in law governing the supply of Services within the jurisdiction of any of the operating countries after delivery. The Supplier ensures that all delivered training complies with relevant local laws at the time of delivery.
7 AGE OF CONSENT
7.1 Where the Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Services.
7.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Services, the Supplier shall be entitled to cancel the order immediately, without notice.
The Buyer has the right to cancel the Contract, by notice of writing or email or telephonic exchange at any point.
8.1 If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.
8.2 Late cancellations, i.e. within 48 hours of the allotted Service Appointment, will incur full forfeit of the Deposit that has been paid to secure the Service Appointment.
8.3 Dermaskin reserves the right to charge additional sums if consequential losses are incurred as a result of late cancellations or ‘No Shows’
8.4 ‘No Shows’ may additionally result in withdrawal of all Services and cancellation of all subsequent Service Appointments with full forfeit of all Deposits or Fees.
9 GIFT VOUCHERS
9.1 In addition to these Terms and Conditions, the following terms and conditions shall apply to the sale of gift vouchers:
9.2 Gift vouchers will be dispatched within 24 hours of acceptance of order and will be delivered by National Mail Carrier. Payment must be made by credit or debit card.
9.3 The Buyer must notify the Supplier of any discrepancy in a delivery as soon as possible but in any event within 7 days of the delivery of the vouchers.
9.4 Risk of loss, destruction or damage to the vouchers remains with the Supplier until delivery to the Buyer where upon risk shall pass to the Buyer.
9.5 Gift vouchers may be exchanged for services or products only. Vouchers cannot be redeemed for cash in part or whole. Vouchers are not sold on a sale or return basis and no return will be permitted unless it can be demonstrated that the Supplier has been in error in fulfilling the Buyer’s order.
9.6 Gift vouchers are valid for 6 months from the date of purchase and cannot be renewed once they have expired. Vouchers cannot be replaced if lost or damaged.
10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
The Supplier shall not 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 or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.
13.1 Once delivered, service fees are non-refundable.
13.2 Refunds will be issued in full, with no administration or cancellation fee chargeable, if clear 5 days notice has been given.
13.3 Where less than 5 days remain till the Service Appointment, any refunds are at the sole discretion of Dermaskin and/or its affiliates.
13.4 Where less than 1.5 day (36 hours) remains till the Service Appointment, no refunds will be due at any time.
13.5 ‘No Shows’ will result in immediate forfeit of all Deposits or Securities paid.
If any term or provision of these Terms and Conditions 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 hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
15 CHANGES TO TERMS AND CONDITIONS
15.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
15.2 Any renewal of the Services will be subject to the Supplier’s then current Terms and Conditions.
16 GOVERNING LAW AND JURISDICTION – TECHNICAL/INTERNET/ADMINISTRATIVE/NON-CLINICAL ONLY
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of India.
17 GOVERNING LAW AND JURISDICTION - CLINICAL ONLY
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Kingdom and the parties hereby submit to the exclusive jurisdiction of the sovereign state of the United Kingdom.
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