Terms & Conditions
Application of Conditions
- These terms and conditions will govern and be reflected within every contract for the sale of goods and/or services made by, or on behalf of, the Seller (Aesthetica Solutions) with the Buyer (the client).
- These terms and conditions will always prevail over any conditions contained or referred to within any documentation put forward by the Buyer, or in any correspondence implied by trade custom, practice or course of dealing, unless it is otherwise put in writing by a director or authorised representative of the Seller.
- The Buyer accepts delivery of goods, and this will (without prejudice to any other manner in which acceptance of these terms is evidenced) constitute unqualified acceptance of these conditions.
- If a contract of sale is made with the same Buyer subsequent to a contract of sale that is subject to these terms and conditions, but there is no reference to the original conditions in the original contract, the contract is deemed to be subject to these terms and conditions.
- The Seller will agree a price with the buyer, usually stated online at time of purchase, and this is the price payable for goods. Should there be no price agreed, then the price shall be the price of goods that is clear on the Seller’s pricelist at the time of dispatch of goods.
- If discount is granted for goods, the Seller retains the right to withdraw said discounts at any time from their normal prices (including goods, materials, carriage of goods and delivery). Prices can be revised at any time in relation to inflation, variation in exchange rates and tax duty.
- The Buyer is liable to pay the Seller value added tax on top of the listed price of goods, which is exclusive of VAT.
Terms of Payment
- Subject to clause 7 the following conditions shall apply:
- The Seller retains the right to invoice the Buyer for the price of goods at the time of dispatch or at any time after this. If it is requested that the goods are delivered to an address other than at the Seller’s premises for collection, the Seller may invoice the Buyer for the price on, or at any time after delivery of the goods.
- The Buyer must, unless notified otherwise, pay the Seller’s invoice is full within 30 days from the date of invoice.
- The time of payment will be strictly stated in the contracts between the Buyer and the Seller to which these terms and conditions apply.
- Aesthetica Solutions reserve the right to discontinue the provision of goods/products from the supplier where any amounts are in arrears under the contract with the Buyer until the balance has been paid.
- If extension of credit is granted to the Buyer by the Seller, the Seller has the right to change or withdraw the agreed credit at any time without notice.
- If the Buyer’s capability and worthiness to obtain credit should deteriorate prior to delivery of goods (in the Seller’s opinion), the Seller may request full or part payment of the owed amount prior to delivery, or in some cases suspend delivery.
- Should an owed payment be late as defined in the Late Payment of Commercial Debts (Interests) Act 1998 (LPCD), the interest rates stated in the LPCD as revised from time to time shall be applicable.
- The Seller (Aesthetica Solutions) is entitled to charge interest (before and after original judgement) at a rate of 4% per annum above the current base rate of Lloyds TSB Bank PLC, on any outstanding payments from the date the amount is due, up to and including the date on which the final balance settlement is paid in full. The Buyer, if required, will pay the interest on demand.
- The Seller/Supplier will, in some cases, charge an administration fee to the Buyer in relation to re-presented and dishonoured cheques to cover any incurred direct and/or indirect costs.
- Any delivery of goods will be made by the Seller’s chosen and approved carrier to the Buyer’s requested premises, either at a standard time during normal weekday working hours, or at another requested time or destination that is agreed by the Seller and the Seller’s carrier delivering the goods.
- Times and dates quoted for delivery and dispatch of goods are estimates. The Seller is not liable for any delay incurred in delivery of the goods. The Buyer is not entitled to refuse acceptance of any goods due to late delivery. Quoted time of delivery is not guaranteed within any contract to which these terms and conditions apply, and cannot be implied or suggested by any notice served.
- Should the Buyer refuse or fail to accept delivery of the ordered goods delivered in accordance with the Seller’s contract, or does not take any action necessary on their part for delivery of said goods, the Seller retains the right to terminate and discontinue any related contract with immediate effect. The Seller is entitled to dispose of the goods, and to demand compensation from the Buyer for any incurred financial loss and/or consequential costs.
- The Seller may deliver any order of goods in one or more instalments, unless otherwise stated in writing by the Seller or an accredited representative of the Seller. Should goods be delivered in instalments, each individual instalment is to be treated as a separate contract. Should the Seller fail to deliver one or more of the instalments in conformance with these terms and conditions, or any claim by the Buyer in respect of one or more instalments, the Buyer is not entitled to treat the whole contract as discredited, repudiated or invalid.
- The Buyer may only cancel orders of any goods with written notice, and agrees there may be cancellation charges requested by the Seller as consequence, which will take into account any costs incurred in relation to the Buyer placing this order.
- Goods are not supplied to the Buyer from the Seller on a sale or return basis.
- Coldchain/Refrigerated returns of goods are not accepted by the Seller at any time, or under any circumstances, with the exception of issues caused by the Seller’s transportation or carrier delivery services.
- Any returns of goods are only accepted by the Seller if the Seller has agreed the returns in writing and a returns form from the Seller has been issued and submitted.
- Damage to the goods including breakages and/or errors must be reported to the Seller by email within 24 hours of accepted delivery of the goods. Any goods deemed to be incorrect by the Buyer, excluding refrigerated goods, must be returned in the original, received and unopened packaging within 5 days of receipt of the order. Refrigerated goods returns will only be accepted within 24hrs of accepted receipt, and only if there have been issues with the transportation of the goods or sorting errors on the Seller’s part. Breakages and damaged goods must be kept with the original packaging and retained for the inspection process employed by the Seller’s carriers.
Risk and Title
- Subject to clause 7, risk of loss of or damage to goods shall pass to the Buyer in the following cases:
- Should the goods be returned to the Seller’s premises by the Buyer
- Should the Buyer wrongfully fail to take delivery of goods at the time when the Seller has tendered delivery of said goods
- Not withstanding delivery or passing of risk, the Buyer shall not receive ownership of the goods until full payment is received by the Seller
- Until ownership and title of the goods is passed to the Buyer, the Buyer is to hold the goods as the Seller’s fiduciary agent and bailee and will:
- Not give up or part possession with associated goods
- Keep goods separate and stored appropriately
- Take steps to prevent damage or deterioration of goods
- Protect goods as the Seller’s property
- Ensure goods are kept free from any change for the Seller, and in failure to do so is immediately liable for any consequential costs and payment
- Notify the Seller upon any of the events outlined in clause 13
- Until ownership and title of goods has been passed to the Buyer (assuming that the associated goods are still in existence and have not been re-sold) the Seller is entitled at any time to demand that the Buyer delivers the goods to the Seller. If the Buyer fails to do so with immediate effect, to Seller is entitled to enter any premises of the Buyer or any third party where the goods are stored, and inspect or repossess the goods.
- Rights given to the Buyer for possession of goods will be removed in the event of:
- Any payment owed from the Buyer to Aesthetica Solutions Limited is not received when due
- Should the contract between the Buyer and Seller be breached by the Buyer
- Aesthetica Solutions Limited is entitled to take legal action against the Buyer in the event of a non-payment.
Consent & Prescription Goods
- Prescription goods can be reserved by fax prior to receipt of the prescription. Before prescription goods are dispensed, the original prescription (not a copy), signed by a registered prescriber must be received by the Seller. Goods supplied against a prescription must be for the personal use of the named patient only and are not for re-sale. Prescription goods will be dispatched to the address nominated by the patient. Prescribers and their associates/employees acting as agents for patients in terms of receiving, storing and paying for goods on the patient’s behalf must do so with the patient’s permission. The cost of the prescription item remains the liability of the named patient, who is the intended end user, and in the event of non-payment, the Seller reserves the right to pursue payment from the patient agent and the patient, joint and severally, as Buyers. In the event that the Seller incurs any VAT liability as a result of a patient agent reselling or otherwise abusing the zero-rated status of prescription items for named patients, the Seller will be entitled to recover all such VAT from the Buyer(s). For an emergency supply, prescription goods may be supplied after the Seller receives prescriptions by fax or email from the prescriber. The original prescriptions must be received by the Seller within 3 working days.
- The medication’s (i.e. toxin’s) prescribed is for the sole use of/on the Patient mentioned in this prescription and any outstanding vials must be thrown away as appropriate and not be re-used for another.
- In the event of defective goods, Aesthetica Solutions (the Seller) is only liable to replace any goods found to be damaged due to a fault of the Seller.
- Goods delivered to the Buyer from the Seller shall be of a satisfactory quality and will correspond with specification at the time of delivery.
- Aesthetica Solutions Limited’s liability to the Buyer for any breach of contract, negligence or misrepresentation shall never exceed the amount paid for goods by the Buyer to the Seller.
- The Seller is not liable to the buyer:
- For defects caused to the goods as a result of neglect, storage in unsuitable conditions, or any other act by the Buyer.
- For defects caused to the goods during delivery, unless notified to the Seller within 24 hours (with the exception of prescribed items).
- If the total payment for goods has not been received.
- If defects in the goods are arisen due to design and specification supplied by the Buyer.
- For consequential damage or losses including profit, revenue or goodwill caused in any way.
- Within these conditions, nothing shall limit any liability to the Seller for death or severe personal injury as a result of negligence by the Seller.
- Neither the Seller nor the Buyer shall be responsible for any delay in failure to perform to their expectations and obligations due to any matter or event that arises that is completely beyond the control of the Buyer or Seller.
- Any specifications of goods by the Seller do not deal with or reflect the compliance of goods in accordance with any law requirements, either nationally or locally.
- The Buyer must give the Seller any necessary information relating to the goods within a reasonable and sufficient time frame in order for the Seller to be able to meet the requirements.
- Product weights specified by the Seller are approximates only.
- The Buyer is required to supply the Seller with their VAT number so as the Seller can meet any associated tax requirements.
Health and Safety
- In accordance with these terms and conditions, the Buyer is deemed to agree to pay regard to any information supplied or sent from the Seller that relates to the use for which the goods are designed.
- The Buyer takes responsibility to take what is specified by the Seller as the correct information to ensure that goods will be administered safely and without risks to any patient’s health.
- Aesthetica Solutions Limited (the Seller) may terminate the contract with the Buyer at any time including: if the Buyer fails to pay for goods by the date due; if the Buyer commits any material breach to this contract; if the Buyer exceeds their credit limit with the Seller; if the Buyer becomes subject to an administration order or if the Buyer forsees any of the previous occurring and neglects to inform the Seller in writing.
- Should a contract be terminated by the Seller without the goods having been paid for, the price shall be immediately payable by the Buyer.
- Termination of any contract between the Buyer and the Seller will not affect any of the Seller’s accrued rights.
- The Contracts (Rights of Third Parties) Act 1999 DOES NOT apply to these terms and conditions; third parties may not enforce the terms of this contract.
- No rights or obligations of the Buyer under these terms shall be partly or wholly transferred without written consent from the Seller.
Titles and Headings within these Terms and Conditions
- Any titles and headings within these terms and conditions are purely for convenience only and don’t influence any interpretation or implementation of these terms.
Right of Possession
- The Seller is entitled to keep possession of all goods and property owned by the Buyer but remaining in the Seller’s possession.
- Should a competent authority deem any provision of these terms to be unenforaceable or illegal, this shall not affect any other provisions disclosed within this agreement, which will still stand. Substitutes for any invalid provisions will be executed by the Seller.
- No waiver by either the Buyer or Seller of any breach of this agreement will be considered as a waiver of any breach, previous or subsequent. Any rights disclosed within this agreement are not exclusive of those provided by law.
Variation of Conditions
- No variation of these conditions will be enforceable or agreed unless it is put in writing by bother Buyer and Seller.
- Contracts created within these terms and conditions shall be governed by the laws of England.
- Notices written in accordance with these terms and conditions must be in writing.
- Personally delivered notices are considered served on delivery.
- Notices sent first class by post are deemed as delivered within 48 hours of posting.
- Unless it is confirmed in writing by the Seller, the Seller’s employees or agents are unable and unauthorised to make any representations concerning the goods.