Terms of Use - Dermapenworld

    COMPANY

  1. Dermapenworld Pty. Ltd. (“Dermapenworld”) is the distributor of Dermapen and other high quality lasers, infusion, cryo-therapy, carboxy therapy, rf treatments, microneedling products, associated consumables, tattoo removal devices and or products including associated consumables, protocol and cosmoceuticals (the “Products”) for use in medical, aesthetic, cosmetic and beauty therapy. By purchasing these products whether directly from Dermapenworld or an authorised distributor, using this web site, downloading and using associated applications the purchaser or the user agrees to be bound by these terms and conditions including the End Users License Agreement (“EULA”) and the privacy agreement.

  2. ACCOUNTS

  3. Each Purchaser or user creates an account when they purchase from Dermapenworld or any authorised distributor. The account must be registered to accept the EULA. Each purchaser or user acknowledges that the software that operates each device is subject to the EULA.

  4. NO WARRANTIES

  5. The Purchaser whose details are set out in the invoice and in the account establishment documents and in the app set up and registration process, agrees and consents that in purchasing the Products it acknowledges that it purchases the Products from Derampenworld whether purchased directly from Dermapenworld or an authorised distributor however the Purchaser may rely, to the extent as permitted by law, on its rights as against the Manufacturer. Nothing in this agreement should be read as a warranty or representation by Dermapenworld in relation to the Products, their suitability or fitness for purpose or any other matter whatsoever.

  6. Dermapenworld is neither a manufacturer nor electronic nor mechanical expert and does not accept responsibility for the workmanship of the Supplier, nor suitability for use of the Products in any circumstance whatsoever.

  7. PLACE OF PURCHASE

  8. Dermapenworld will at the Purchaser’s or Users request and at their cost, in the case of new Products engage international shippers and couriers, and customs agents, when arranging for the delivery of the Products to you. It is agreed and an express term of these terms and conditions that the product you are purchasing is sold to you in and from Australia whether you have purchased the product directly from Dermapenworld or an authorised distributor. Dermapenworld is not responsible to the Purchaser or user for any delay associated with the delivery of the Products.

  9. FIT FOR PURPOSE

  10. The Purchaser acknowledges that before selecting and ordering the Products for purchase, it has properly considered and studied: (a) the Product manufacturer’s web site, (b) any publicly available information available on a search of the manufacturerand or the Product on line, as well as; (c) any other material requested from or provided by Dermapenworld or an authorised distributor, and the Purchaser has made a fully informed choice and decision as to the fitness and suitability of the equipment for its own purposes and use.

  11. DELIVERY OF GOODS

  12. Unless, contracted as urgent, and with additional payments for urgent service, Dermapenworld will use its best efforts to arrange for the Products to be delivered to the purchaser within the normal working cycle of the manufacturing or distributor.

  13. PROPER USE

  14. The Purchaser acknowledges to Dermapenworld that if the Products are incorrectly unpacked, and or assembled at the designated site for use, and/or not used carefully, and or not maintained and serviced in accordance with the manufacturer’s specifications and manuals, they may be dangerous to people, animals and or property. Accordingly it is a strict condition of this sale, that the purchaser will only access, use and operate the equipment as follows:

    • a) Dermapenworld or an agent approved by Dermapenworld will unpack, assemble, test and commission the equipment prior to use.

    • b) Dermapenworld will offer technical training for a reasonable number of properly qualified users and operators nominated by the purchaser. Thereafter further training or training of new users and operators will be at the Purchaser’s expense.

    • c) For this purpose a “properly trained user(s) and operator (s)” is a person certified in writing by Dermapenworld or the Authorised Distributor as a properly trained user or operator; who has the necessary academic, professional and trade qualifications as required to properly understand the manufacturer’s requirements needed to safely use and operate the equipment, which user and or operator maintains his or her skills as a user and operator in an up to date manner by regularly reading and updated themselves with the Manufacturer’s bulletins as well as relevant health services and Australian Standards web sites and bulletin boards. It is the purchaser’s and not Dermapenworlds responsibility to ensure each user and operator nominated by the purchaser is properly qualified.

    • d) All products must at all times be used and operated by properly trained users and operators and it is the Purchaser’s obligation to ensure that the qualifications and training of its properly trained and qualified users and operators is maintained. The purchaser agrees that it is a term of its purchase that all users and operators are properly qualified and trained in the use of the Products, and will also maintain proper continuous update of education and training program for such users and operators. It is an express term and condition of the agreement to purchase and use and failure to comply with this clause will render all warranties void.

    • e) The users and operators of equipment will only use and operate the equipment in strict compliance with manufacturer’s or health service requirements, whichever is the more onerous. In addition, the users and operators, will exercise a standard of care in treatment of patients with full knowledge that any failure to comply may result in damage and or harm and if the user and operator as a fully qualified and properly trained person has any suspicions that harm or damage may occur, treatment will immediately cease and expert medical opinion sought.

    • f) The Purchaser will undertake and maintain a strict and thorough maintenance and service program in regards to the Products. Including downloading the app and using the most current software for any product.

    • g) The Purchaser shall ensure that the machine is used in accordance with its manufacturer’s instructions and detailed instructions for use.

    • h) The Purchaser agrees to indemnify Dermapenworld and any authorised distributor and hold it harmless from any damage or loss caused by the Products being used in any way other than in accordance with those standard operating instructions or otherwise in breach of any of the purchaser’s commitments and undertakings in these terms and conditions or specified with the purchaser elsewhere.

    • i) The Purchaser assumes full responsibility for ensuring the site available for installation is suitable for installation of the goods sold and in particular has proper electricity and wiring and shall not make any claim in the event the site is unsuitable for such installation. The purchaser undertakes to provide an electricity surge protection device to prevent damage to products supplied.

    • j) The Purchaser undertakes to ensure at all times that the products and/or equipment supplied are not in any way misrepresented to patients or members of staff and that no claims are made which cannot be reasonably fulfilled.

    • k) The Purchaser warrants that all operators of the equipment and venues in which the equipment will be operated are either licensed and trained as required by law and comply with all relevant State Legislation as to the use of the premises, and/or full and properly trained to use the equipment.

    GENUINE PRODUCTS OR WARRANTY VOID

  15. Dermapenworld and any authorised distributor supplies to the purchaser and user only the Products listed on the invoice or that the user has registered or opened an account for including the app and blue tooth connector and or software and not any other equipment, parts accessories or services. The purchaser and user acknowledges that any other equipment, part, accessories or service will be at an additional cost and unless authorised products or consumables are used the warranty will be void and the products may not work either correctly or at all.

  16. CONSUMER LAW AND OBLIGATIONS OF SELLER

  17. Subject to clause 10 and to the extent permitted by the Australian Consumer Law, the sole obligation of Dermapenworld under this agreement is to use its best endeavours to provide the Products or to repair the products or repair or replace (at Dermapenworlds absolute discretion) any part of a product which is found to be defective during the warranty period of 12 months from the date of delivery of the Products and in no event shall Dermapenworld be liable to any staff, employee, agent, contractor, patient and customer, or to any other person whosoever for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, loss or injury or economic or consequential loss or injury arising from loss or use or misuse of the products, and any indirect, special or consequential damages or injury to any person, corporation or other entity.

  18. If any products supplied pursuant to this agreement are supplied to the customer as a consumer' of goods or services within the meaning of that term in the Australian Consumer Law as amended the consumer will have the benefit of certain non-excludable rights and remedies in respect of the products or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Australian Consumer Law or similar legislation is so conferred. However, if the product is a product not ordinarily acquired for personal, domestic or household use or consumption, pursuant to s 64A of the Australian Consumer Law then Dermapenworld limits its liability to payment of an amount equal to the lowest of: (1) the cost of replacing the goods or supplying equivalent goods; (2) the cost of repair of the goods; (3) the cost of having the goods repaired or replaced.

  19. Subject to clause 10 and to the extent permitted by the Australian Consumer Law, the sole obligation of Dermapenworld under this agreement is to use its best endeavours to provide the Products or to repair the products or repair or replace (at Dermapenworlds absolute discretion) any part of a product which is found to be defective during the warranty period of 12 months from the date of delivery of the Products and in no event shall Dermapenworld be liable to any staff, employee, agent, contractor, patient and customer, or to any other person whosoever for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, loss or injury or economic or consequential loss or injury arising from loss or use or misuse of the products, and any indirect, special or consequential damages or injury to any person, corporation or other entity.

  20. Subject to clause 10 Dermapenworld is not responsible for any loss caused by an error or defect in the Products supplied by any person.

  21. TERMS OF SALE

  22. The purchase price for the Products together with any applicable GST and any other taxes, shipping, insurance, customs and government charges is payable to Dermapenworld in full prior to delivery of the Products. The Purchaser has no right of set-off or cross demand for any matter whatsoever and howsoever calculated against Dermapenworld. Until payment is received in full, the purchaser acknowledges and agrees that no title or right to ownership in the Products passes to the purchaser.

  23. The Purchaser acknowledges that Dermapenworld retains title to the Products until the Products have been paid for in full. This right permits Dermapenworld to register its interest under the Personal Property Securities Act 2009 (Cth) and the Purchaser acknowledges and consent to such registration.

  24. In the event that payment in full is not received by Dermapenworld in full by the date on which the Products is delivered to the Purchaser or such other due date, the Purchaser hereby provides Dermapenworld with irrevocable authority to repossess the Products and an absolute right of entry to the place where the Products are held, and at Dermapenworld abDP Connect discretion, acknowledges Dermapenworld may resell the Products and, keep the proceeds and claim any loss including the costs of recovery storage preservation sales and interest from the purchaser. In the event the customer is late in payment, as a separate entitlement Dermapenworld is entitled to interest on the balance outstanding at 2% above the current rate prescribed NSW Supreme Court Rate.

  25. APPLICABLE LAW

  26. These terms and conditions are governed by the Law of New South Wales and all purchases no matter where they have purchased product agree to be subject to the exclusive jurisdiction of the New South Wales Courts. The purchaser and user agree not to plead that the court in New South Wales is an inconvenient jurisdiction

  27. Please review our other policies, all contained under Customer Service, posted on this site. These policies also govern your visit to Dermapenworld.com or your purchase from Dermapenworld or an authorised distributor. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and operable to the extent permitted under the law, and shall not affect the validity and enforceability of any remaining condition.

  28. APPLICABLE LAW

  29. These terms and conditions are governed by the Law of New South Wales and all purchases no matter where they have purchased product agree to be subject to the exclusive jurisdiction of the New South Wales Courts. The purchaser and user agree not to plead that the court in New South Wales is an inconvenient jurisdiction

  30. SITE POLICIES, MODIFICATIONS, AND SEVERABILITY

  31. Please review our other policies, all contained under Customer Service, posted on this site. These policies also govern your visit to Dermapenworld.com or your purchase from Dermapenworld or an authorised distributor. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and operable to the extent permitted under the law, and shall not affect the validity and enforceability of any remaining condition.

  32. ERRORS AND OMISSIONS

  33. We are not responsible for any typographical errors or inaccuracies set forth in this website. The information, prices, and discounts set forth herein are subject to change without notice. Any sale made as a result of an error will be deemed void and the purchaser will not be charged.