Terms of Sale
Terms of Sale
MESORAM.com is the online division of Promaderm Ltd. Auenstr. 100, 80469 München, Germany. The following terms and conditions (the "Terms of Sale") related to the services and sales as between the MESORAM.com authorized wholesaler for medical devices under the law of Germany and you (the "Customer") of the products and services (the "Products") offered for sale by Promaderm Ltd. By accepting delivery of the Products described on a purchase order (an "Order"), the Customer agrees to be bound by and accepts the Terms of Sale.
1. Orders; Prices; Payment Terms; Interest. Orders are not binding upon MESORAM.com until accepted in writing. The prices for the Products shall be as specified by the and as set forth in MESORAM.com`s website as at the time of acceptance of an order by MESORAM.com. Prices for Products shall be subject to change without further notice. Credit terms are at the discretion and as specified by Promaderm Ltd. and implemented by MESORAM.com and unless otherwise specified in writing, payment must be received by MESORAM.com prior to acceptance of an order. Payment for the Order may be made by a credit card accepted by MESORAM.com wire transfer, or payment through PayPal. If credit terms have been agreed to by MESORAM.com invoices are due and payable within fourteen days after the date of the invoice. The Customer agrees to pay interest on all amounts past due at a rate of 18 per cent per annum.
2. Shipping Charges; Taxes. Charges for shipping and handling will be shown on the invoice(s). The Customer is responsible for services tax, sales and all other taxes associated with the Order, however designated, as required by the jurisdiction of the sale. If applicable, a separate charge for taxes will be shown on MESORAM.com´s invoice.
3. Shipping. Delivery of the Product to the Customer takes place when the product leaves the Warehouse. Promaderm Ltd. will arrange shipping of the product to the Customer's home address. Normally, the Customer's product shipment takes an average of 10 to 14 days to arrive. In the event that the Customer's shipment is delayed past 28 days, and upon notice from the Customer, MESORAM.com will arrange to replace the delayed shipment, and Promaderm Ltd. will re-deliver and re-ship the product to the Customer at no additional cost. MESORAM.com is not liable for any damage to the Customer due to delay in shipment or failure of the product to arrive within 28 days.
4. Warranties. THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MESORAM.COM DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS OF SALE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS IS LIMITED TO REPLACEMENT OF THE PRODUCT.
6. Return Policy. MESORAM.com offers a 30-day hassle free Return Policy. Please refer to the returns policy for complete details. MESORAM.com reserves the right to amend its Return Policy from time to time by posting the updated policy on its website. The Customer agrees to review the Return Policy each time it submits an Order.
7. Recall Policy. We offer a Recall Policy. Please refer to the Recall Policy for complete details. MESORAM.com reserves the right to amend its Recall Policy from time to time by posting the updated policy on its website. The Customer agrees to review the Recall Policy each time it submits an Order.
8. Products and Services. MESORAM.com may revise and discontinue the Products and Services displayed on the website at any time without prior notice.
9. Exports. It is important to note that not all of the MESORAM.com's services shown on the website are available in all provinces in North America or in jurisdictions outside of North America. The Food and Drug Administration has taken the position that virtually all shipments of medical devices class IIa imported from an international wholesaler by a United States customer will violate United States law. By placing an Order for product or services, the Customer represents to MESORAM.com and Promaderm Ltd. that sale, delivery and shipment of the Products will not violate any import, export or other law or regulation in the Customer's home jurisdiction.
It is important to note, that each customer is responsible for the importation of the goods to the United States of America or Canada. All shipments are properly declared and are due to customs inspections. Customers have to obey the relevant customs regulations and are responsible for eligible customs fees. Please see the website of the final destination country for customs regulations.
For U.S.: http://www.cbp.gov
For CDN: http://www.cbsa-asfc.gc.ca
11. Entire Agreement. The Customer agrees that these Terms of Sale and any document incorporated by reference or referred to herein constitute the entire agreement between the Customer, MESORAM.com and Promaderm Ltd. pertaining to the subject-matter of these Terms of Sale, and supersedes, terminates and otherwise renders null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between the Customer, MESORAM.com and Promaderm Ltd.. In the event of a conflict between these Terms of Sale and any of the documents incorporated by reference or referred to herein, these Terms of Sale shall govern.
12. Severability. The invalidity or unenforceability of any provision of these Terms of Sale shall not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision shall be deemed to be severable.
13. Headings. The section headings used herein are for convenience of reference only and do not form a part of these Terms of Sale, and no construction or inference shall be derived therefrom.
14. Force Majeure. MESORAM.com shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, delays due to backorders of requested products, mail delays, customs delays, lost shipments. MESORAM.com shall not be responsible to notify the Customer in the event of such delays. The Customer shall be solely responsible to make other arrangements to purchase alternative products and any costs incurred in connection with such purchases.
15. Governing Law. The Customer understands that MESORAM.com and Promadermis a German business registered in Muncih, Germany and that the Customer is purchasing medical devices that have been approved for sale in the jurisdiction of Promaderm Ltd.. Title to the Customer's medications passes from Promaderm Ltd. to the Customer when the Customer's medical devices leave the Warehouse. All agreements reached or contracts formed with the Wholesaler shall be deemed to have been made in the jurisdiction where the sale takes place and the laws of that jurisdiction shall have sole and exclusive jurisdiction over any dispute arising between the Customer and Promaderm Ltd.. All disputes with MESORAM.com shall be resolved by reference to German laws.
16. Knowledge and Consent. By placing an order with MESORAM.com the Customer has read and understands the terms and conditions as set out herein. The Customer represents that he/she consents to the Terms of Sale, and does so with full knowledge and without undue influence or duress. The Customer acknowledges that the Terms of Sale are readily accessible on a 24-hour basis from MESORAM.com's website and shall be provided to the Customer in hard copy format upon request at any time. The Customer acknowledges having had every opportunity to obtain independent legal advice with respect to the Terms of Sale.
Last updated: 30. juni 2015
The Site (excluding linked sites, if any) is administered and controlled by Promaderm Ltd.´s Customer Care and its affiliates, subsidiaries, officers, directors, employees or agents (collectively, "Mesoram.com) in accordance with the laws of Europe and the laws of Germany applicable therein. You agree that the Site will be governed by and construed in accordance with German law without giving effect to any principles of conflicts of laws. You agree that all disputes, controversies or claims arising out of or in connection with the Site shall be submitted to and be subject to the jurisdiction of the courts of Munich, Germany. You submit and attorn to the exclusive jurisdiction of the courts of Munich, Germany to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site.
All products and services of Mesoram.com are subject to the terms and conditions of the applicable agreements governing their use or sale.
These Terms are to be read by you together with any terms, conditions or disclaimers provided in the pages of the Site. In the event of any conflict, the terms provided in the pages of the Site will govern.
The information, material and content provided in the Site (the "Information") may be changed at any time without notice. Changes may be made to these Terms at any time without notice by updating this posting. You agree to review these Terms regularly and your continued access or use of the Site will mean that you agree to any changes.
LOCAL LAWS; EXPORT CONTROL
It is important to note that not all of the products, services and Information are available in all provinces or in jurisdictions outside Germany. The Information does not constitute an offer or solicitation to buy or sell any product, service or information to anyone in any jurisdiction in which an offer or solicitation is not authorized or cannot legally be made or to any person to whom it is unlawful to make an offer or solicitation.
The terms and conditions applicable to any product, service or information will be those determined at the time of provision of the product, service or information. Please be aware of the laws of your jurisdiction or that otherwise apply to you in relation to any of the matters described in these pages. If you choose to access the Site from outside Germany, you do so on your own initiative and are responsible for compliance with applicable local, national or international laws. You may not use or export or re-export the Information or any copy or adaptation in violation of any applicable laws or regulations, including export laws and regulations of Germany in force from time to time.
NOT OFFERING ANY ADVICE
The Information is for informational purposes only and is not intended to provide specific advice for you, and should not be relied upon in that regard. You should not act or rely on the Information without seeking the advice of a professional. YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THIS SITE FOR DIAGNOSING, TREATING, CURING OR PREVENTING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCT ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY THE PRODUCT. ALWAYS CONSULT YOUR OWN PHYSICIAN FOR ADVICE AND TREATMENT.
Mesoram.com PROVIDES THE SITE AND THE INFORMATION ON AN "AS IS, WHERE IS AND AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Mesoram.com DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, ENDORSEMENTS OR CONDITIONS WITH RESPECT TO THE SITE OR THE INFORMATION, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY, OPERATION, NON-INFRINGEMENT, USEFULNESS, COMPLETENESS, ACCURACY, CURRENTNESS, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, Mesoram.com DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE OR MEET YOUR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED, THAT THERE WILL BE NO DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED, OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT AND TO TAKE ALL PRECAUTIONS TO SCAN FOR COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROPERTIES.
YOU ACKNOWLEDGE AND AGREE THAT Mesoram.com DOES NOT ENDORSE THE CONTENT OF ANY MEMBER OR ANY SITE ACCESSED VIA LINKS OR OTHER MEANS FROM THE SITE AND IT IS NOT RESPONSIBLE OR LIABLE FOR SUCH CONTENT EVEN THOUGH IT MAY BE UNLAWFUL, HARASSING, LIBELOUS, PRIVACY INVADING, ABUSIVE, THREATENING, HARMFUL, OBSCENE, OR OTHERWISE OBJECTIONABLE, OR THAT IT INFRINGES OR MAY INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANOTHER PERSON.
EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Mesoram.com BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION, EVEN IF Mesoram.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TRADE-MARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS
"MESORAM®" and "Mesoram.com" are registered trademarks used under exclusive license by Ri.Mos s.r.l., Italy and Dipl. Ing Paul Wehrenpfennig, Germany and Promaderm Ltd., Germany.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is licensed by Mesoram.com and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Any unprotected E-Mail communication over the Internet is, as with communication via any other medium (e.g. cellular phones, post office mail), not confidential, subject to possible interception or loss, and is also subject to possible alteration. Mesoram.com is not responsible for and will not be liable to you or anyone else for any damages in connection with an E-Mail sent by you to Mesoram.com or an E-Mail sent by Mesoram.com to you at your request.
No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any Information.
Links from or to websites outside the Site are meant for convenience only. Mesoram.com does not review, endorse, approve or control, and is not responsible for any sites linked from or to the Site, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and Mesoram.com will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and Mesoram.com is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-proprietary, and may be used by Mesoram.com for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
These Terms and any terms incorporated or referred to herein constitute the entire agreement between you and Mesoram.com relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing, or by Mesoram.com making such amendments or modifications in accordance with these Terms.
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Last updated: 14. february 2016