Derma pro Skin Eye

Please note that the following terms and conditions are generalised to the company, and more specific terms and conditions for individual payment options are available upon selecting the payment option. 1. EQUIPMENT, PARTS AND ACCESSORIES: The Client shall purchase the equipment / device/s, or necessary equipment parts listed from the Seller and must adhere to the terms and conditions within this Agreement. This agreement covers all beauty & medical device equipment, parts and accessories sold and distributed by Derma Group LTD, inclusive of Ex-Demo devices. a. Derma Group LTD agrees to provide the client with the purchased device or devices listed in the Agreement, once all agreements are signed and monies are paid / exchanged, and in accordance with these terms and conditions and any further relevant terms and conditions to your purchase option. b. The obligation of Derma Group LTD to sell an item of equipment, device/s or parts to the client is subject to Derma Group LTD and the client having completed and signed a Agreement / Customer Sales Order in respect of that item of Equipment or pieces of Equipment. Derma Group is not responsible for providing free continuous aftersales devices, device parts, accessories or treatment accessories. All future accessories & device parts, unless covered under the necessary warranty are chargeable. As such, all devices, handles and accessories are non refundable and non-exchangeable. 2. PAYMENT AND PAYMENT TERMS: The price is based on a rate of British Pounds, to be paid via electronic bank transfer or card payment, into the Sellers bank account within the agreed time. The client must pay Derma Group LTD: a. For each item of equipment that is to be purchased, the full purchase amount for that item of equipment, unless on a different payment option, in which case the amount will be stated within your agreement, within 30 days of Derma Group LTD receiving an initial deposit payment, regardless of chosen delivery date. b. If any remaining balance or deposit amount payable due under the Agreement is paid after its due date (and has not been agreed by Derma Group in writing that the payment can be paid later than the initial agreed terms), the client must pay to Derma Group LTD, in addition to that amount, interest on that amount at the Default Rate (calculated on a daily basis and compounded monthly) from the due date for the payment of that amount until the amount is paid in full. c. Payments are exclusive of VAT and any other applicable taxes, and duties or similar charges which shall be payable by the client at the rate and in the manner from time to time prescribed by law. d. The client must pay all amounts required to be paid under the Agreement. e. Please note, Derma Group reserves the right to withhold device and parts deliveries from the Client if any form of payment is not made upon the due date. f. Please note, purchases are non-refundable and non exchangeable. 3. INITIAL DEPOSIT: Within the purchase price, there is an initial down payment / deposit amount payable to Derma Group LTD. to secure the order of your device/s & prior to any successful delivery and training of the device in question. The necessary balance / remaining payment for the device is required within 30 days of the initial deposit being paid, regardless of scheduled delivery dates, training dates and completion. a. The agreed total deposit amount is payable to Derma Group LTD by the client, upon signing this agreement. The total deposit amount is shown on the necessary purchase order / deposit invoice and must be paid to secure the order and the chosen device/s. Please note that the total agreed deposit payment is non-refundable should the client wish to cancel their order, as the deposit payment signifies production has been initiated. 9. TAXES AND FEES: When making a purchase, the Client shall pay all applicable taxes, VAT, assessments, and are responsible for their own license and registration fees on the equipment if applicable. 10. WARRANTY, MAINTENANCE AND REPAIRS: a. DIODE, SCULPT, SHAPE, RF, RFV2, QUAD, TR: Your device/s is covered with a two-year manufacturer's warranty provided by Derma Group LTD. Your warranty is stored on our in-house systems and corresponds uniquely to your device's serial number. This excludes all handles and accessories. b. HYDRA/AIR/ANALYZER: Your device is covered with a one-year manufacturer's warranty for the device, and a 3-month warranty per handle. This warranty is provided by Derma Group LTD. Your warranty is stored on our in house systems and corresponds uniquely to your device's serial number. This excludes all handles and accessories. DERMA GROUP | GENERAL TERMS AND CONDITIONS c. Purchasing a new device/s signifies a warranty period, that will eventually conclude. Once the official device warranty period has concluded, the client shall maintain at their own cost, any further or future equipment repairs or replacement parts. Derma Group will not be responsible for any parts, repairs or maintenance once the official warranty period is concluded. d. The client severally represents and warrants to Derma Group LTD as the date of the Agreement and as at each date the client signs the Agreement that: i) No insolvency Event affects the client ii) The client's execution, delivery and performance of the Agreement has been properly authorised by it and its obligations under the Agreement are valid, binding and are enforceable against it in accordance with their terms. e. Derma Group is not responsible for providing free continuous aftersales devices, device parts, accessories or treatment accessories. All future accessories & device parts, unless covered under the necessary warranty are chargeable. As such, devices, handles and accessories are non-refundable and non-exchangeable. 14. CANCELLATION OF ORDERS BY CLIENT: Cancellations are only permitted prior to the exchange of any Agreements and monies. 15. DELIVERY AND INSTALLATION a. Unless any other agreement states otherwise, the client will receive the necessary delivery and installation of their device/s only when: i) the initial total deposit is paid in full, and the funds have been received and confirmed by Derma Groups LTDs accounts department. b. Upon signing the Agreement and confirmed payment of a deposit from the Client is received, the client will be provided with an estimated delivery date for the device/s. c. The Supplier shall use all reasonable endeavours to meet any performance dates specified in the Proposal and Contract Details, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services. d. This date is an estimate, and Derma Group LTD shall complete the supply and delivery of the chosen device/s, within the estimated time scale provided, where possible, and in conjunction with point 13 (B) of the Terms and Conditions of Agreement. 18. PERMITS, LICENCES, AND AUTHORISATIONS: The client shall be responsible for obtaining all necessary permits, licenses and authorisations required for the installation and use of each item of Equipment. Derma Group is not responsible for ensuring that the client/practitioner has the necessary licenses in place as this is the full responsibility of the practitioner/client. It will be at Derma Groups sole discretion and own goodwill to offer any assistance in any type of premises licensing arrangements. 19.. INDEMNITY: The client acknowledges that Derma Group LTD shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Client or its officers, employees, agents and contractors, and the Client shall indemnify Derma Group LTD in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Derma Group LTD arising out of, or in connection with, any failure by the client to comply with the terms of these Terms and Conditions. 20. LIMITATIONS OF LIABILITY: The restrictions on liability in this clause apply to every liability arising under or in connection with these Terms and Conditions including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise. a. Nothing in these terms and conditions limits any liability which cannot legally be limited including liability for: i) Death; ii) Fraud or fraudulent misrepresentation; iii) Any matter in respect of which it would be unlawful for the parties to exclude or restrict liability. b. Derma Group shall not be liable under these terms and conditions for any; i) Loss of profits; ii) Loss of sales or business; iii) Loss of agreements of contracts; iv) Loss of anticipated savings; v) Loss of use or corruption of software, data or information; DERMA GROUP | GENERAL TERMS AND CONDITIONS vi) Loss of or damage to goodwill; vii And indirect or consequential loss. c. All implied terms and conditions as to the quality or performance of the equipment and any other gods or services provided under the Agreement, are, to the fullest extent permitted by law, excluded from these Terms and Conditions. 21. OTHER CLIENT OBLIGATIONS: When agreeing to the Agreement for an item of equipment, the client must; a. Take all reasonable and proper care of that item of equipment and keep it in good working order. b. ensure that the terms of the Order and any information it provides in the Proposal are complete and accurate; c. co-operate with the Supplier in all matters relating to the Services as set out in the Proposal and Customer Details; d. Comply with all supplier’s or manufacturer’s instructions and manuals relating to that item of equipment. e. Unless the Agreement for that item of equipment states otherwise, service and maintain that item of equipment in accordance with the supplier’s and/or manufacturer’s specifications to maintain warranty. f. Not make or permit to be made any alteration to that item of equipment, otherwise any warranty will be invalid. g. Without limiting any other provision of this clause 26, not permit anything to be done which might prejudice the rights of Derma Group LTD in respect of the item of equipment. 22. GENERAL a. The Agreement for an item of Equipment comprises the entire agreement between Derma Group LTD and the client in relation to the purchase of that item of equipment. b. Neither these Terms and Conditions nor any Agreement may be varied otherwise than by an instrument in writing executed by both parties. c. If at any time any provision of these Terms and Conditions or any Agreement is held to be invalid, illegal or unenforceable then, to the extent permitted by law, the validity, legality and enforceability of the remaining provisions will not in any way be affect or impaired thereby. d. Assignment and other dealings: i) The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent. ii) The Customer shall not, without the prior written consent of the Supplier, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Terms & Conditions. e. Employees and non-solicitation: A party shall not, without the prior written consent of the other party, at any time from the Commencement Date to the expiry of 6 months after the date of termination of the Contract, solicit or entice away from that party or employ or attempt to employ any person who is, or has been, engaged as an employee of that party in relation to the Services. 23. CONFIDENTIALITY a. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by terms in this contract. b. Each party may disclose the other party’s confidential information: i) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information complies with this clause; and; ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority. c. Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract 24. PERSONAL INFORMATION: Any personal information, including personal financial information, that is collected, used or disclosed by Derma Group LTD for the purpose of the supply of Equipment to the client is treated as confidential and DERMA GROUP | GENERAL TERMS AND CONDITIONS will only be collected, used or disclosed in the following manner; a. For the purposes of meeting Derma Group LTD’s obligations under these terms; b. To respond to any queries that the client may have; c. To recover any money owing to Derma Group LTD; d. In accordance with the privacy policy of Derma Group LTD; or e. In compliance with all applicable requirements of the Data Protection Legislation. f. The Customer grants the Supplier a non-exclusive, royalty free licence to use the Customer Data for the purposes of supplying the Services 25. DUE DILIGENCE: From time to time, Derma Group may be required to carry out due diligence checks, in accordance with the companies' responsibilities under money laundering supervision. a. This may include, but is not limited to; i) Obtaining client's personal details, business premises details, and the details of any other parties involved in completing the purchase of device/s or parts from Derma Group. ii). Requesting official documentation with photograph to confirm the client's identity. iii) Requesting information and proof of the client's residential address and date of birth. b. All information required to be obtained under clause 26 of these terms and conditions, is held in compliance with clauses 24, 25, 27 and 29 of these terms and conditions. 26. CUSTOMER DATA: a. The Customer shall ensure that the Customer Data does not infringe any applicable laws, regulations or third party rights (including material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party Intellectual Property Rights) (Inappropriate Content). b. The Customer shall indemnify the Supplier against all damages, losses and expenses arising as a result of any action or claim that the Customer Data constitutes Inappropriate Content. c. The Supplier is under no obligation to back up or return the Customer Data and may irretrievably delete any and all Customer Data at any time. 27. DATA PROTECTION, SECURITY AND INTEGRITY: a. The following definitions apply: i) The terms “data controller”, “data processor”, “data subject”, “personal data” and “processing” bear the respective meanings given them in the Data Protection Act 1998, and “data protection principles” means the eight data protection principles set out in Schedule 1 to that Act; ii) Data includes Personal Data; and iii) Customer Personal Data means any personal data provided by or on behalf of the Customer. b. The Supplier shall: i) only carry out processing of any Customer Personal Data on the Customer’s instructions; ii) implement appropriate technical and organisational measures to protect any Customer Personal Data against unauthorised or unlawful processing and accidental loss or damage; and iii) comply with its obligations under the Data Protection Legislation. 29. TRAINING: a. Derma Group LTD shall use reasonable endeavours to supply the training to the customer, in accordance with these terms and conditions in all material respects but reserves the right to change the course content of any training course at any time and without notice. b. Derma Group LTD shall use all reasonable endeavours to meet the specified training date provided, but the specified date may be subject to alteration. c. Derma Group LTD reserves the right to amend the agreement if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the training, and Derma Group LTD shall notify the customer in any such event. d. Derma Group LTD reserves the right to cancel training at any time, without incurring any liability to the customer or delegates. In such circumstances, Derma Group LTD, will offer (at its sole discretion) alternative dates. 33. CUSTOMER OBLIGATIONS a. The customer shall: DERMA GROUP | GENERAL TERMS AND CONDITIONS i) Co-operate with Derma Group LTD in all matters relating to the training: ii) Provide Derma Group LTD, its employees, agents, consultants and subcontractors with any information which may reasonably be required by Derma Group LTD in the organisation of the training, including, but not limited to, details in respects of the delegate(s) and ensure that such information is complete and accurate in all material aspects; and iii)Where training is being delivered at its premises, provide Derma Group LTD with (i) access, training space and any equipment necessary for the delivery of the training; and (ii) such facilities as are reasonably notified to the customer in advance. 35. CANCELLATION OF TRAINING a. The customer may cancel training or in-house training on 14 calendar days’ notice to Derma Group LTD. Cancellations must be provided in writing to [email protected], or by calling our head offices on 01244 561 530. Training may not be cancelled or rescheduled within 14 calendar days’ of the start of the training. b. Whereby a customer wishes to cancel their training, they must book an alternative date with the training provider within 14 days. c. Refund for training are not provided for any cancellations made outside of the terms of this clause. e. Where training is cancelled within the terms set out of this clause, the deposit paid for the training is non refundable, and every effort must first be made to rearrange the date of the training, before a refund for the remaining balance would be considered, at the discretion of Derma Group LTD. 36. INTELLECTUAL PROPERTY RIGHTS a. All intellectual property rights in or arising out of or in connection with the training, including any associated training materials shall be owned by Derma Group LTD. b. No reproductions, scans or copies (wholly or in part) shall be made of the training material without prior written consent of Derma Group LTD. 37. CUSTOMER DATA HELD FOR TRAINING a. As between the parties, the customer shall own all right, title and interest in and to all of the customer data. b. Each party warrants that for the purposes of this Agreement it: c. shall comply with the provisions of the Data Protection Legislation, including without limitation that it: i)shall use Personal Data in accordance with the permissions or consents obtained from the data subjects (as defined in the Data Protection Legislation) or otherwise in accordance with the Data Protection Legislation; ii) shall communicate to the other party the terms of any permissions or consents obtained from the data subjects; iii) shall have in place appropriate technical and organisational security measures against unauthorised or unlawful Processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data and shall take all reasonable steps to ensure the reliability of its personnel who have access to such Personal Data and to impose obligations of confidentiality upon such personnel and to ensure that such personnel are aware of their responsibilities under the Data Protection Legislation; iv) shall not transfer Personal Data outside the European Economic Area save in accordance with the Data Protection Legislation;. v)shall comply with any request or notice it receives from a data subject in its capacity as a data controller; vi) shall upon request provide such assistance as is reasonably necessary to the other party to enable that party to comply with its obligations as a data controller (as defined in the Data Protection Legislation); vii) shall inform the other party as soon as reasonably practicable of the discovery of any actual or suspected data-breach relating to the Processing of Personal Data in connection with this Agreement; viii) shall, except to the extent prohibited by applicable law, inform the other party upon receipt of a complaint from a data subject or if approached by any regulatory body in connection with its compliance with the Data Protection Legislation in connection with this Agreement; viiii) shall, except to the extent prohibited by applicable law, consult the other party in good faith as to the t iming, manner and content of any response to a complaint from a data subject or approach by any Regulatory Body in connection with compliance with the Data Protection Legislation in connection with the Agreement. 38. LIMITATION AND LIABILITY: DERMA GROUP | GENERAL TERMS AND CONDITIONS As in clause 21 of these terms and conditions and additionally; a. Derma Group LTD shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, loss of income, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising; b. Derma Group LTD’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the Agreement shall be limited to the total Charges paid for the Training. c. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 and 4 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms and Conditions. d. This clause 39 shall survive termination of the Agreement. 39. INSURANCE, DAMAGE AND SERVICING: In these Terms and Conditions: (a) By signing this agreement, the client agrees that Derma Group has the right to request proof that the client has the necessary insurance in place to use relevant device/s within their premises. The client shall ensure that the equipment has the necessary insurances in place, to protect the equipment from any loss, damage and theft (see below the further details). (a) The Client must at its own cost and expense throughout the Term for an item of Equipment effect and maintain insurance covering that item of Equipment for all risks (including, without limitation, third party liability) arising out of the ownership, presence or use of that item of Equipment, for at least the value of the Equipment. (b) The insurance policy must be: (i) in form and substance, on terms and with an insurer satisfactory to Derma Group LTD; and (ii) in the name of the Client with Derma Group LTD’s interest noted on the policy. (c) The Client must not: (i) do anything, or fail to do anything, which would allow an insurer to refuse or reduce a claim in respect of an item of Equipment; (ii) vary any policy of insurance effected by the Client in respect of an item of Equipment without Derma Group LTD's prior written consent; or (iii) enforce, conduct, settle or compromise a claim relating to an item of Equipment without Derma Group LTD's prior written consent. (d) The Client must provide Derma Group LTD with evidence of the insurance policies the Client has effected and premiums the Client has paid when requested by Derma Group LTD. (b) The client acknowledges that Derma Group is not responsible for ensuring that the client has the correct licenses in place, to use Derma Group devices at their premises and agree that Derma Group have the right to request proof as and when required. The client must at their own cost and expense after purchase for an item of equipment effect and maintain insurance covering that item of Equipment for all risks (including, without limitation, third party liability) arising out of the ownership, presence or use of that item of equipment, for at least the value of the equipment. It is the client's responsibility to ensure they have the correct insurance in place for the device and treatments. (c) The client agrees that Derma Group has the right to request proof of prior certification to prove that the client is trained to an adequate level to use machines and carry out necessary treatments (d) The client understands that if the above is not in place it is the client’s sole responsibility to reach a necessary solution independently and it is not the responsibility of Derma Group, prior to the client using or paying for device/s. (e) The client understands that Derma Group is not responsible for any type of potential accidents that can arise directly to the client and their customers performed through the corresponding device/s treatment. (f) The client agrees that any mechanical or technical default must be reported to Derma Group immediately - within 6 hours. It is imperative that photo and video evidence is provided as well as the device/s serial number, clearly displaying the issue. Failure to comply to this timeframe will deem as insufficient evidence of issue and consequently the case will not be investigated. (g) Regarding servicing of Derma Group device/s, by signing this agreement the client ensures that their premise is accessible for service arrangements. If the premise is not accessible, the servicing will not take

All returns must be requested within 7 days of the date of purchase date. All returned items must be in new and unused condition in the original seeled packaging. 

Order cancellation is only possible if the purchase/order is not yet not boxed, labelled, dispatched or already in transit.

we reccomend you contacting us immediately on 01244561530

RETURNS PROCESS 

Please email [email protected] with your name, order number,  details of the items you are wanting to return with phot proof of the condition and return reason.

Once your refund request has been confirmed, please place the item(s) securley in the packaging providedfor the original shipment. For protection to avoid product damage.

Please return to folowing address:

Derma Group

4 Well House Barns 

Bretton

Cheshire

CH40DH

REFUNDS

After recieving your return and inspectingthe conditionof your item, we will process your refund. Please allow at least 3 days from the reciept of your item to process your refund.

REFUND EXCEPTIONS

As stated above, we cannot accept returns/refunds for needles for safety reasons. If in doubt you should contact us prior to sending any items back to us. Shipping costs are non-refundable.