Website Terms and Conditions
Please read the following Terms and Conditions carefully before using this website. These General Conditions of Sale apply to any order placed on the www.cutismedical.com website:
1. GENERAL TERMS AND CONDITIONS
1.1 These terms and conditions limit the rights and obligations between customers of the online store www.cutismedical.com (hereafter referred to as the Client) and Cutis Medical Group OÜ (hereafter referred to as Cutis Medical) when concluding a transaction (purchase of goods). The exchange of goods takes place on a legal basis.
1.2 These conditions, product prices, product information, and legislation of the Republic of Estonia apply to all registered users and guests wishing to purchase the product.
1.3 Cutis Medical reserves the right to unilaterally amend the general conditions for using the online store www.cutismedical.com, change the terms of sale and prices. All changes take effect from the moment the information appears on the website www.cutismedical.com.
1.4 If the Customer has placed an order before the entry into force of new amendments to the provisions, then the purchase conditions in force at the time of ordering will apply to this order unless otherwise provided by law or these conditions.
2. PRICE
2.1 All prices in the online store www.cutismedical.com are indicated in local currency (€) and are inclusive of VAT.
2.2 The prices do not include the costs of transportation, delivery, and any other fees and charges that are clearly indicated as being additional charges to the price during the ordering process and that may vary depending on the delivery method chosen by you.
2.3 Cutis Medical reserves the right to change the prices at any time and at our sole discretion.
2.4 If the Client placed an order before the price change, then in this case the Client receives the goods at the price that was valid at the time of the order. Cutis Medical does not refund the difference in product prices.
2.5 The price for the purchased product is displayed in the shopping cart when placing an order.
3. GOODS AVAILABILITY. GOODS PURCHASE AND PAYMENT
3.1 While we strive to ensure the availability of products displayed in the online store, we cannot guarantee that all Products will be in stock. If we are unable to process or fulfill the order, we will either offer the Client an equivalent product in terms of purpose and price, which the Client may decide to accept or reject, or notify the Client that we are unable to fulfill the order.
3.2 If the Customer rejects our offer of an alternative Product or if we are unable to fulfill the order, we have no additional 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 only legal remedies available to the Client if we are unable to fulfill the order due to the lack of a product.
3.3. Unfulfilled orders. If we do not have all the goods from your order in stock, shipping is usually carried out in 3-6 business days, unless the Client has been notified of other terms.
3.4 Cutis Medical sells, the Client buys the offered product in the online store www.cutismedical.com.
3.5 After order confirmation, the Client receives an invoice to the contact email address. If the Client has not received an invoice and order confirmation, please inform us at info@cutismedical.com
3.6 The invoice sent to the Client contains the chosen goods, the method, and cost of delivery, the Client’s contact information, as well as all the details for paying the invoice.
3.7 When placing an order, the Client has the right to choose a suitable payment method (via Internet banking, credit card, cash, PayPal) and delivery method.
3.8 The purchase agreement concluded between Cutis Medical and the Client comes into force after order confirmation and 100% payment. All concluded contracts are stored in the Cutis Medical database.
3.9 The order is completed within 2-3 business days after the payment is credited to the account of Cutis Medical.
3.9.1 If the Client has not paid the invoice within 2 business days, Cutis Medical has the right to cancel this order.
3.9.2 When placing and paying for an order in our online store, the Client confirms that he has read the general terms and conditions, fully agrees with them, and will comply with them.
3.9.3 By using the www.cutismedical.com website, the Client confirms that he/she has read and accepts these Terms and Conditions and agrees to all applicable laws regarding the transfer of technical data exported from Estonia. All orders made on the Cutis Medical website and delivered from Estonia will be subject to possible taxes and customs duties that will be charged when the parcel reaches the delivery place. The customer is responsible for any possible customs duties and taxes associated with the delivery of the goods. Cutis Medical is not responsible for checking and informing the Client about the applicable customs duties and taxes.
4. GOODS DELIVERY AND TRANSFER
4.1 After the transaction conclusion (invoice payment), the order will be completed and sent to the address specified by the Client.
4.2 The delivery times of goods indicated in the online store Cutis Medical are valid from the moment the money is received on the account and depend on the delivery method and delivery place.
4.3 If the Client wants to change the delivery address, he/she must notify Cutis Medical as soon as possible. If the order has already been shipped to the specified address, then the delivery location cannot be changed, but the customer can call the local DHL company and ask them to change the delivery address.
4.4 After shipping, Cutis Medical will send a notification to the Client’s email address.
4.5 Prevention of delays and misunderstandings in the goods delivery depends on the accuracy and correctness of the information provided by the Client. Cutis Medical is not responsible for the delivery terms and misunderstandings arising from inaccurate or incorrect information provided by the Client when placing an order.
4.6 Cutis Medical reserves the right to change the terms of delivery of the goods.
4.7 Cutis Medical is not responsible for any delays and costs associated with the Products exemption by tax and customs authorities.
4.8 Express shipping to Europe takes 1-3 business days. If the package is delayed or scanned, we will investigate with the logistics company, but we cannot resend or return the package within thirty (30) business days.
4.9. If the customer did not collect the goods and Cutis Medical received the goods back, then we will withhold the cost of shipping to the Client and back! We can return the money with a deduction of this amount.
5. ADDITIONAL INSURANCE OF GOODS
5.1 Once your order has been handed over to the shipping company, Cutis Medical is not responsible for any damage or loss that may occur during transit. Although the probability of such an event is only 1%, we strongly recommend you use additional insurance.
5.2 The insurance rate for DHL delivery is only 4% of the order amount.
If you do not use additional insurance for your parcel, by default, basic insurance is 10€ per 1 kg, but in case of loss or damage, we will not be able to refund you the full amount or resend the order.
6. CUSTOMS, DUTIES, AND TAXES
6.1 Additional fees for customs clearance are paid by the recipient; Cutis Medical has no control over these costs. If your package is stopped at customs, we advise you to contact your local customs office and either try to receive the package or reject it and resend the package back to us. Once we receive the returned package, we will refund the value of the goods.
6.2 Once you have placed an order and refuse to accept order delivery through your local post office, courier service, border control, or customs, no refunds will be issued once we receive the goods back.
7. GUARANTEES AND RETURN OF GOODS
7.1 Cutismedical.com accepts any products returned within 14 business days of receipt of the product.
7.2 All products in the online store www.cutismedical.com are 100% original. Photos are for illustrative purposes, and actual products may differ in color, shape, size, and other parameters from images on the website. Each product has a description and expiration date, which is indicated on the packaging by the manufacturer.
7.3 To return goods, you must write to the email address info@cutismedical.com within 14 days from the date of receipt of the parcel. The letter must indicate the reason for the return, the name and surname of the Client, the product name, as well as the order number.
7.4 If the product has a defect, the Client must notify cutismedical.com by sending an email to info@cutismedical.com with the following information: the Client’s name and surname, contact details, date, product defect description (preferably with a photo), number or a copy of the invoice. The product defect claim must be sent within 14 days after the defect was found.
7.5 cutismedical.com is not responsible for defects that have arisen: due to fault or negligence of the Client; if the product was not used for its intended purpose; in case of physical wear during normal use.
7.6 The customer pays the costs of returning the goods. cutismedical.com pays for shipping only if the item is defective or the wrong item was sent.
7.7 The money for the returned goods and delivery will be sent to the Client’s bank account within 30 days from the date of receipt of the goods by cutismedical.com.
7.8 If the Client wants to exchange the product for another product or a similar product of a different volume, then the Client pays the delivery costs of the goods. We pay for shipping if the product is defective or if the wrong product was sent.
7.9 If the goods received by the Client turned out to be defective, which could not be detected during the external examination and the opening of the package, cutismedical.com has the right to reduce the price of the ordered goods or fully refund the cost of the goods to the Client.
7.10. Refund. Your refund will be sent to the original credit card used to place your order. Shipping charges are non-refundable. Please note that refunds can take up to 29 business days due to different payment processing times.
8. LIABILITY AND FORCE MAJEURE
8.1 cutismedical.com is liable to the Client for damage caused by violation of the terms of cutismedical.com, in accordance with the legal acts of the Republic of Estonia.
8.2 The Client is liable to cutismedical.com for damage caused by the Client’s violation of the terms of cutismedical.com, in accordance with the legal acts of the Republic of Estonia. The Client is fully responsible for the provided information and all the consequences that may arise from the information provided by him/her.
8.3 Neither Party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party (force majeure). Failure to fulfill the obligations of the parties under force majeure is not a violation of these Terms and Conditions.
8.4 cutismedical.com does not compensate for moral damage that may be caused by changes in delivery times, price changes, etc. according to these Terms and Conditions.
8.5 cutismedical.com does not reimburse the Client’s expenses caused by circumstances when the Client assumes responsibility to third parties (not dependent on cutismedical.com) on terms that contradict these Terms and Conditions.
8.6 cutismedical.com does not reimburse the Client for lost opportunities caused by changes in prices, delivery times, etc.
8.7 cutismedical.com is not responsible for interruptions in the provision of services, delays, errors, and disruptions in the website operation arising from disruptions in the work of third parties, service, and postal companies, as well as violations arising from force majeure (natural disasters, power outages, etc.) beyond the control of cutismedical.com
8.8 The maximum amount of compensation may be the cost of goods ordered by the Client in the online store www.cutismedical.com and delivery costs.
9. PERSONAL DATA AND PRIVACY
9.1 When using the www.cutismedical.com online store, the Client gives his clear and deliberate consent to the use of the provided personal data by cutismedical.com.
9.2 Cutismedical.com uses the provided data to provide services. The data is treated with all due confidentiality; it is not passed to third parties except for cases the delivery method selected by the Client provides for it, as well as in cases provided for by the law.
9.3 cutismedical.com reserves the right to provide the Client with new information about products or promo offers using the Client’s contact information if he/she has subscribed to the newsletter from cutismedical.com. The Client has the right to delete his/her contact information from the cutismedical.com database.
9.4 The Client and cutismedical.com are guided by the legislation and legal acts of the Republic of Estonia to resolve issues not regulated by these Terms and Conditions.
9.5 In case of disagreement or disputes in the process of fulfilling these Terms and Conditions, the parties try to come to an agreement through negotiations. If the disputes arising from the contract cannot be resolved through negotiations, both parties (both the Client and cutismedical.com) have the right to seek help from the Consumer Protection Department or the court for the protection of their rights.
10. OPTIONS FOR PROFESSIONALS
10.1 If you are a professional in the field of cosmetology and aesthetic medicine, to obtain the status of a professional Client, you need to send a document confirming your status as a specialist to the e-mail karina.vinstein@cutismedical.com. You will be assigned the status of a professional Client and you will be able to make purchases at special prices.
11. USE RESTRICTIONS
As a condition of your use of the Website, you agree to:
11.1 not to use the website for any purpose that is illegal in accordance with the law or prohibited by these terms;
11.2 not to use the website to commit fraud;
11.3 not to use the website to distribute viruses, malware, or other similar malicious software code; nor to gain unauthorized access to or use computers, data, systems, accounts, or networks;
11.4 not use the website for spreading unsolicited advertising or spam;
11.5 not use the website to imitate communication from us, another service, or organization to collect identification information, authentication credentials, or other information (“fishing”);
11.6 not use the website in any way that disrupts our website or business operation, or the website or business of any other person;
11.7 comply with the provisions regarding our intellectual property rights and software in clause 12.
12. RIGHT OF OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
12.1 The website together with all intellectual property rights to it and all information and other materials published or referred to on the website (including but not limited to any text, images, video, audio or other media content, software or other information or materials (“Content “)) are owned by Cutis Medical. Intellectual property rights mean rights such as copyright, trademarks (registered and unregistered), domain names, design rights, database rights, patents, and all other intellectual property rights of any kind, whether registered or not. Cutis Medical reserves any intellectual property rights in connection with these Terms. This means, for example, that we remain their owners and are free to use them at our discretion.
12.2 Nothing in these Terms and Conditions grants you any legal rights to the website other than those necessary to provide you with access to the website. You agree not to correct, attempt to bypass, or remove any notices on the website (including any intellectual property notices) and, in particular, in any digital rights or other security technologies embedded in or contained on the website.
12.3 Trademarks (both registered and unregistered) and trade names are used on this website. The use of any trademark on the website is strictly prohibited unless you have our prior written permission to use any trademark, in which case such use must be made strictly in accordance with permission.
12.4. If you have any questions regarding rights, as well as other questions and suggestions, you can contact us by email: info@cutismedical.com
13. CONFIDENTIALITY AND PERSONAL DATA. INFORMATION PLACEMENT ON THE WEBSITE
13.1 The communication between the Client and the bank is protected by the SSL security protocol, which guarantees that the transmitted information cannot be intercepted or tampered with. Therefore, the data you submit to us through this website cannot be seen by others. You can recognize an encrypted connection by “https://” in the browser address bar and by the padlock icon in the browser bar.
Information traffic between us and the bank is digitally encrypted.
13.2 We adhere to the principle that the transfer and collection of Personal Data should be as safe as possible. However, there are always certain risks, and no technological system is absolutely safe.
13.3 The information provided by the User (Buyer) is confidential. The site administration uses information about the User (Buyer) to fulfill the Orders of the Buyer unless other purposes are specified in this Agreement.
13.4. The administration has the right to send letters, useful advertising messages, letters with the latest promotions, etc., and materials to the postal address, e-mail of the Visitor (Buyer). The Administration has the right to record phone calls with the Visitor (Buyer) to improve the quality of service, to which the Visitor (Buyer) gives his unconditional consent.
13.5 While we strive to keep the website secure, we cannot guarantee the security of any information you provide to us, and therefore we cannot guarantee its confidentiality. For this reason, you must not give us any information that you believe is confidential, commercially important, or valuable (unwanted material). We will not be legally responsible for maintaining the confidentiality of any material you submit, and we will not be legally responsible to you or anyone else for any use of such material.
14. FOR WHAT PURPOSES DOES CUTIS MEDICAL USE YOUR PERSONAL INFORMATION?
We use your personal information to operate, provide services, develop and improve the products and services we offer to our customers. These goals include:
14.1 Purchase and delivery of goods and services. We use your personal information to accept and process orders, deliver products and services, process payments, and communicate with you about orders, products and services, and promotional offers.
14.2 Providing Cutis Medical services, troubleshooting, and improving them. We use your personal information to provide functionality, analyze performance, fix errors, and improve the efficiency of Cutis Medical services.
14.3 Recommendations and personalization. We use your personal information to recommend products and services that may interest you, to determine your preferences, and to personalize your experience with Cutis Medical.
14.4 Communication with you. We use your personal information to communicate with you through various channels (e.g. phone, email, chat).
14.5 Advertising. We use your personal information to provide interest-based advertisements for products that may interest you. We do not use your personal identification information to provide interest-based advertisements.
14.6 Fraud prevention and credit risks. We use personal information to prevent and detect fraud and abuse to protect the safety of our customers, Cutis Medical, and others. We can also use scoring methods to assess and manage credit risks.
15. INFORMATION ACCURACY AND WEBSITE AVAILABILITY
15.1 The information on this website is provided without a warranty of any kind. We do not guarantee the completeness or accuracy of the Content, or that the Content is current. In addition, we cannot promise that the Website will be suitable for any purpose. You may rely on the information on this Website at your own risk.
15.2 We may suspend or terminate the website at any time in our sole discretion and may change any or all of the services and/or Content of the Website at any time in our sole discretion without notice or explanation.
15.3 The Content is provided for general informational purposes only and to inform you about us, our products, news, and services. This information is not medical, technical, financial, or legal advice or advice of any other type and should not be relied on. The Content should not be used as a substitute for advice from a qualified healthcare professional and certified practitioner(s).
15.4 While we strive to ensure that the Website is available for your use, we do not promise that the Website will be available at all times, and we do not promise that you will use it uninterruptedly, or that the Website is error-free.
16. COOKIE FILES
16.1 The Cutis Medical website uses cookies. These are small text files that your web browser stores on your device. Cookies help us make our website more user-friendly, efficient, and safe. Some of the cookies are called “session cookies”. These cookies are automatically deleted after your browser session ends. On the contrary, other cookies remain on your device until you delete them yourself. These cookies help us recognize you the next time you visit our website.
16.2 The Visitor (Buyer) agrees to Cutis Medical’s use of cookie technology. Cookies do not contain personal information and do not have access to
information on the hard drive of the Visitor (Buyer). Cookies are used to improve the quality of the services, including quickly identifying the Visitor (Buyer); saving the settings of the Visitor (Buyer), his/her personal preferences, tracking the state of the access session. Cutis Medical also uses advertising cookies to manage ads on websites on the Internet. If the cookies are disabled by the Visitor (Buyer), Cutis Medical does not guarantee the full operation of the https://cutismedical.com website or some of its services.
16.3 The use of cookies is necessary to carry out electronic communication processes or to provide certain functions that you would like to have (for example, a shopping cart function). As the operator of this website, we have a legitimate interest in the storage of cookie files to ensure a technically flawless and uninterrupted provision of our services. If other cookies are used (for example for analytical functions), they will be explained separately in this Data Protection Declaration.
16.4 Browser plugin. You can prevent your browser from using cookies. However, in this case, the use of some of our website functions may be restricted. You can also prevent the collection of data related to your use of the website, including your IP address, as well as any processing by Google. You can do this by downloading and installing the browser plugin from the following link: https://tools.google.com/dlpage/gaoptout?hl=en
16.5 Objection to data collection. You can prevent Google Analytics from collecting your data by clicking on the following link. An opt-out cookie will then be applied to prevent the future collection of your data on our website: Disable Google Analytics. For more information on how Google Analytics processes user data, see the Google Privacy Policy: https://support.google.com/analytics/answer/6004245?hl=en
17. GOOGLE ANALYTICS
17.1 The Cutis Medical website uses features provided by the web analytics service Google Analytics. The web analytics service provider is Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.
Google Analytics uses cookies. These are small text files that your web browser stores on your device and that enable an analysis of the website use. The data generated by the cookies when you use our website is transmitted to a Google server and stored there. Typically, the server is located in the United States.
17.2 The use of Google Analytics cookies is based on the General Data Protection Regulation. As the operator of this website, we have a legitimate interest in analyzing user behavior to optimize our website and, if applicable, our advertising.
18. HYPERLINKS AND LINKING TO THIRD-PARTY WEBSITES
18.1 The website may contain hyperlinks or links to third-party websites. These hyperlinks or links are provided for your convenience only. We do not control the third-party websites, we do not make any representations, and are not legally responsible for the quality and reliability of content, materials, or information on these linked websites. Any hyperlinks and links to any third-party website do not imply any endorsement, research, verification, or monitoring on our part of any information on such hyperlinked website or a third-party website. Under no circumstances, are we responsible for your use of such websites. Your use of a third-party website may be regulated by the terms and conditions of that third-party website.
19. LIMITATION OF LIABILITY OF CUTIS MEDICAL
19.1. Cutis Medical assumes no responsibility regarding any errors, misprints, and inaccuracies that may be found in the materials on this website. The administration makes every necessary effort to ensure the accuracy and reliability of the information presented on the website. All information and materials are provided without warranty of any kind.
19.2. Cutis Medical assumes no responsibility regarding the statements and opinions of the Visitors (Buyers) of the website, as well as comments or reviews.
19.3. Cutis Medical assumes no responsibility regarding possible illegal actions of the Visitor (Buyer) towards third parties or third parties towards the Visitor/Buyer.
19.4. Cutis Medical is not responsible for any damage, loss, or expenses (real or possible) arising from this website, its use, or inability to use it.
19.5. Cutis Medical is not responsible for the loss of the ability by the User (Buyer) to access their account on the website https://cutismedical.com (loss of login, password, other information).
19.6. The administration reserves the right to delete the information posted on the website, as well as take technical and legal measures to terminate access to the online store for Users (Buyers) who interfere with the use of the online store for other Visitors (Buyers). The administration reserves the right to terminate access to the online store for Users (Buyers) in case of any unfair abuse on their part when ordering goods without the purpose of purchasing it, or for Visitors (Buyers) who violate the requirements of the Agreement. In this case, such blocking of access is carried out at the discretion of the administration without further notification of these Users (Buyers).
19.7. Website administration assumes no responsibility regarding:
19.7.1. Delays or failures in the process of a transaction arising from force majeure, as well as in case of malfunctions in telecommunications, computer, electrical, and other related systems.
19.7.2. Actions of transfer systems, banks, payment systems, and delays associated with their work.
19.7.3. Proper functioning of the website, if the Visitor (Buyer) does not have the necessary technical means to use it, and assumes no obligation to provide users with such means.
20. FINAL PROVISIONS
20.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the Estonian Republic.
If any of the provisions of the terms is invalid, then this does not affect the validity of the other terms of the contract and is replaced by another provision that is closest to it legally or economically.
20.2 All these issues are resolved in accordance with the laws of the Republic of Estonia.
