Terms and Conditions
- 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 [https://aesthetic-pharma.com/]. The webshop is owned and operated by Aesthetic Pharma FZE, M2 Warehouse Sharjah – U.A.E (“Aesthetic Pharma FZE”, “we”, “us”, “our”).
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
When you register as our member, you must thoroughly read these Terms and Conditions.
- Orders
2.1
Customers may place online orders 24 hours a day on our webshop. We will process the order as quickly as possible, usually within 48 working hours from receipt of the order.
2.2
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.
2.3
A binding agreement is made between the Customer and Aesthetic Pharma FZE 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.
- Availability of Products
3.1
Although we endeavor 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.
3.2
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
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 this new information, and we will within 72 hours re-evaluate the Customer’s account details for approval.
- Delivery and Delays
5.1
Once confirmed, in-stock products will be shipped within five working days. Out-of-stock products will typically ship within 30 working days after confirmation. In case of delays or stock shortages, refunds can be issued upon confirmation; VIP customers may choose to exchange or return to available funds, while Basic members will opt for exchanges or refunds.
5.2
Aesthetic Pharma FZE is not responsible for delivery errors if the delivery address provided by the customer is incorrect, undeliverable, or if the customer changes the provided information during the product transport process.
5.3
If expedited shipping is chosen, customers should immediately check the quantity and condition of the goods upon receiving the package. If any damage is noted, please report it to the courier and refuse delivery, taking photos for records. Our store does not assume risk for damage incurred during transport by the courier. Packaging may sustain minor damage during transport; however, this does not affect the quality and usability of the contents, and no returns or exchanges will be accepted due to packaging conditions.
5.4
If there is a product error or incorrect quantity, please email us. We will respond within five working days upon receiving the information.
- Pricing and Payment Methods
6.1
Prices for any products will be quoted from time to time on our online store, unless there is a clear error, i.e., a price that is obviously incorrect or should be obvious. All prices displayed on our online store do not include VAT, any domestic taxes, duties, or shipping costs. Shipping costs will be added to the total amount.
6.2
Prices may change at any time, but such changes will not affect orders for which we have already sent an order confirmation to the customer.
6.3
Our online store contains a large number of products, and despite our best efforts, some products listed may still be incorrectly priced. As part of the shipping process, we usually verify prices; therefore, if there is an issue with the correct price of a product, we will typically contact the customer for clarification before shipping or cancel the customer’s order.
6.4
If a pricing error is obvious and unmistakable, and the customer could reasonably recognize it, we are not obligated to provide the product at the incorrect (lower) price even if we have sent an order confirmation to the customer.
6.5
Payment for all products must be made before processing the order. We have no obligation to deliver products until we have received correct and full payment from the customer.
6.6
All prices on https://aesthetic-pharma.com are displayed in Euros. We currently accept payments via bank transfer, with any associated fees to be borne by the customer.
6.7
Additional charges will apply for bank transfers. Please check the fees during the checkout process. Some banks may charge separate credit card fees; we advise customers to contact their bank for clarification on this matter.
6.8
Customers making payments are subject to verification checks. We reserve the right to delay or cancel any orders if fraud is suspected.
- Compliance with Applicable Laws and Regulations
7.1
Aesthetic Pharma FZE 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 conduct business.
7.2
By accepting these Terms and Conditions, the Customer proactively takes the responsibility of being in compliance with and strictly following 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 authorizations, 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 market surveillance activities, such as reporting substantial changes to the product specifications and quality systems, reporting adverse events, handling 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) regarding 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
8.1
Except as expressly stated in these Terms and Conditions, Aesthetic Pharma FZE 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 Aesthetic Pharma FZE are deemed to be free of any defects and approved by the Customer if defects are not reported in writing to Aesthetic Pharma FZE 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 Aesthetic Pharma FZE 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 Aesthetic Pharma FZE immediately upon delivery of the Products.
8.4
In the case of justified and properly notified complaints, Aesthetic Pharma FZE 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.
8.5
Aesthetic Pharma FZE 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 that Aesthetic Pharma FZE consents to or directs in writing to be returned shall be returned by the Customer to Aesthetic Pharma FZE or such other destination as directed by Aesthetic Pharma FZE. Aesthetic Pharma FZE shall decide the means of transportation (e.g., by ship, air, truck) and forwarding agent in each case. Aesthetic Pharma FZE is not responsible for any damage to the Products during return shipment.
- Products Damaged in Transit
9.1
Aesthetic Pharma FZE 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 Aesthetic Pharma FZE at info@aesthetic-pharma.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.
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 Aesthetic Pharma FZE 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 Aesthetic Pharma FZE. The Customer disclaims all other remedies (including but not limited to indirect and consequential damages, etc.) in case of damages in transit.
- Liability
10.1
Aesthetic Pharma FZE is liable in accordance with the ordinary rules of Hong Kong law with the limitations and exclusions set out in these Terms and Conditions.
10.2
Aesthetic Pharma FZE 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
Aesthetic Pharma FZE’s 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.
- Third Party Rights
11.1
The parties agree that Aesthetic Pharma FZE 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 Aesthetic Pharma FZE thereof.
- Product Liability
12.1
Aesthetic Pharma FZE 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
Aesthetic Pharma FZE is in no event liable for damage to property caused by the Products after delivery has taken place and/or while 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
Aesthetic Pharma FZE’s 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 Aesthetic Pharma FZE incurs product liability towards a third party that the Customer is rightfully liable for, the Customer shall indemnify Aesthetic Pharma FZE if and to the same extent as the liability of Aesthetic Pharma FZE is limited in accordance with this clause 12, including but not limited to situations where Aesthetic Pharma FZE is held liable towards the third party although no failure or negligence by Aesthetic Pharma FZE is proven or where such failure or negligence by Aesthetic Pharma FZE is proven, but the damages to be paid by Aesthetic Pharma FZE to the third party exceeds the sum mentioned above.
12.5
Aesthetic Pharma FZE is entitled to file a claim against the Customer at the same venue as a third party has filed a claim against Aesthetic Pharma FZE in relation to a dispute concerning product liability arising from the Products in relation to a third party.
- 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 Aesthetic Pharma FZE. 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 labeling 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 Aesthetic Pharma FZE, the Customer must immediately notify Aesthetic Pharma FZE.
13.3
Aesthetic Pharma FZE will notify the Customer immediately in the event of Aesthetic Pharma FZE’s knowledge about a product recall and will provide instructions on how to assist in returning all affected products. Aesthetic Pharma FZE 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 Aesthetic Pharma FZE 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 Aesthetic Pharma FZE in the conduct of a recall.
- 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
Aesthetic Pharma FZE 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
Aesthetic Pharma FZE is not responsible for any delays due to the tax and customs authorities’ seizure of the Products.
- Extraordinary Circumstances
15.1
Aesthetic Pharma FZE 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 Aesthetic Pharma FZE.
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