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Terms and Conditions

1. Payment

  1. Payments are to be made to Dermafrica (PTY) Ltd via Electronic Funds Transfer (EFT)payment. Payment confirmation/proof of payment must be forwarded by Purchaser to accounts@dermafrica.com. No parcel will be dispatched without a proof of payment. Dermafrica also has the right to only dispatch the parcel one the funds reflect in our bank account.

    Banking details:
    Dermafrica (PTY)LTD
    ABSA Bank, Branche Code: 632005
    Account number: 4062926214
    Use your allocated Dermafrica (PTY)LTD account number as reference when making payment to the account.

2. Orders, Shipment And Delivery

  1. Orders must be placed via the company order form. The completed form must then be emailed to Dermafrica (PTY)LTD at orders@dermafrica.com
  2. Orders will not be taken, and deliveries will not be made, on certain days of the year, namely public holidays and during specified closing periods of Dermafrica (PTY)LTD. Dermafrica (PTY)LTD will inform clients in advanced of any such issues.
  3. Dermafrica (PTY)LTD uses a third-party courier service to deliver goods. Services available are same day, next morning or economy service.
  4. Take note that same day delivery of goods is available, please contact supplier for more details.
  5. Order processing takes 48hrs, please therefore place your orders in good time to avoid disappointments.
  6. Generally all parcels are dispatched on the morning of the next day, i.e. next morning service (delivery between 10:30-12:00), once an order has has been received, unless special arrangements have been made. Please note that delivery to outlying areas may take between 48-72 hours depending on the area.
  7. Different courier fees apply depending on the delivery address. Kindly note that outlined areas carry additional courier fees. If you require more information on the courier fees. Please enquire from Dermafrica (PTY)LTD.
  8. If you have a payment in advanced account, confirmation of payment / proof of payment must be submitted to accounts@dermafrica.com before any orders may be dispatched. Payment confirmations not received in time (14:30), will be scheduled to be dispatched the following day or as soon as possible after the confirmation of payment/ proof of payment has been received.
  9. An order not paid or confirmed within 5 (five) working days of placing the order, it will automatically be cancelled, and a new order will have to placed.
  10. Delivery notes signed be the Purchaser, or a person accepting the delivery on behalf of the Purchaser, shall be proof that the goods were received In good order.
  11. Free delivery fees apply as per indicated supplier’s price list, subject to change yearly.
  12. All orders placed by the Customer for the Products should as far as possible be placed in writing, which includes electronically transmitted orders, to the Distribution Agent, as may be appointed by the Company from time to time.
  13. The Company do not accept any responsibility for any errors or misunderstandings occasioned by the placement of orders by the Customer, other than in writing.

3. Responsibility For Orders, Warranties And Use Of Products

  1. Orders are the responsibility of the Seller, from the time that the order is placed, the goods couriered and until the order is delivered with the Purchaser. Once the Purchaser has accepted the goods, the Purchaser is solely responsible for the products.
  2. All items purchased from Dermafrica (PTY)LTD subject to the manufacture’s (Mesoestetic S.L, GMV S.R.L. and APTOS LCC) warranties, Dermafrica (PTY)LTD will not be liable for any other loss of damage irrespective of its cause, including indirect or consequential loss, or of profit.
  3. The Purchaser must use the consent forms (supplied by Dermafrica (PTY)LTD for all professional treatments, and complete a Diagnosis Form For every client prior to treatment. This form must be kept on record.
  4. Important note: Dermafrica (PTY)LTD will not assist the Purchaser in client cases where this paperwork is not available, incomplete or invalid.
  5. Should it come to the attention of Dermafrica (PTY)LTD that the Purchaser is negligently prescribing or administering Mesoestetic S.L, GMV S.R.L. APTOS LCC stock, as well as any marketing materials and cancel this agreement with immediate effect.

4. Distribution

  1. The Purchaser may not sub-distribute any products to agents, retail outlets, friends and family.
  2. If the Purchaser has an online store, additional documentation will need to be completed, for authorization of online sales. It is the Purchaser’s responsibility to request the documentation for online store sales. Dermafrica (PTY)LTD reserves the right to stop supplying the Purchaser should they start selling any Mesoestetic products online without the completion of the aforementioned documentation.
  3. This agreement is limited to physical product and treatment sales.
  4. The contract entered is binding to the Purchaser and any employee of the Purchaser. This contract may not be ceded, therefore, should the business of the Purchaser change ownership; a new contract must be signed with the new owner.
  5. The Purchaser acknowledges the Dermafrica (PTY)LTD is the exclusive distributor of Mesoestetic S.L, GMW S.R.L and APTOS LCC in South Africa and, therefore, agrees not to source Mesoestetic S.L, GMV S.R.L and APTOS LCC from any other distributor or source.
  6. The Purchaser acknowledges that they cannot actively campaign e-commerce outside the territory of South-Africa.

5. Product Complaints

  1. All complaints relating the products must be submitted according to a certain protocol:
    1. The Purchaser has 48 hours after receipt of delivery to inform Dermafrica (PTY) LTD if a product packaging, did not arrive in a good condition.
    2. The area representative of Dermafrica (PTY)LTD must be informed of the complaint.
    3. A Complaint Form must be completed by the Purchaser and submitted to Dermafrica (PTY)LTD at info@dermafrica.com.
    4. If the complaint is treatment related, the following forms must be completed by the Purchaser and submitted to the Dermafrica (PTY)LTD.
      1. Complaint Form
      2. Patient Consent Form
      3. Patient Diagnosis Form
    5. Good quality photographs (before and after treatment) must accompany the Complaint Form to ensure better feedback from Dermafrica (PTY)LTD. Consent must be obtained from the client before photographs are taken, to be supplied by the Purchaser.
    6. All other requirements as per the application forms msut be met.
  2. Replacement of products will be done at Dermafrica (PTY)LTD discretion only.

6. Return of Goods

  1. The Purchaser has 72 hrs to report any discrepancies with their goods ordered and delivered.
  2. The Purchaser may return goods to a supplier within 10 business days from delivery received if the goods are still in original packing and in the same condition as received from supplier.
  3. If the goods where correctly supplied as per the order and not defective in any way, then the Company is under no obligation to accept the return of the goods.
  4. The company reserves the right to accept returned goods if it is after 10 working days as stipulated in 6.2 due to their very nature.
  5. The Purchaser will pay the cost for the return of goods to the supplier. If it was a supplier error issue no cost will apply.
  6. A credit note for the return will be issued once the supplier has received the goods and confirmed that it is in good condition.
  7. The Purchaser may be liable for a 5% damaged fee if the goods returned are not received in good condition as stipulated in 6.1 and 6.2. Replacement of goods subject to suppliers’ discretion.

7. Training

  1. The Purchaser hereby agrees to send all its employees, working with the Dermafrica (PTY)LTD distributed brands, on product training courses at lease once a year. This is in accordance with their scope of practice.
  2. The cost of any Dermafrica (PTY)LTD product training will be for the Purchaser’s account.
  3. If the Purchaser fails to send his/ her/its employees for training as per Clause 7.1 Dermafrica (PTY)LTD reserves the right not to sell any products
    to the Purchaser.

8. Advertising

  1. The Purchaser may only use material provided or approved by Dermafrica (PTY)LTD when advertising brands distributed by Dermafrica (PTY)LTD.
  2. All material and products supplied by Dermafrica (PTY)LTD for marketing purposes remains the property of Dermafrica (PTY)LTD. If tester and sample products are damaged by the Purchaser, the cost of such damage will be for the Purchaser’s account.
  3. No Mesoestetic testers and samples may be sold. The testers and samples provided by Dermafrica (PTY)LTD must only be used for advertising and marketing purposes.
  4. Dermafrica (PTY)LTD acknowledges that the Purchaser may be subject to professional regulation regarding advertising. However, no advertising and marketing by the Purchaser, directly implicating brands distributed by Dermafrica (PTY)LTD, is allowed unless approved by Dermafrica (PTY)LTD first.
  5. No social buying or by groups on social platforms, directly implicating brands distributed by Dermafrica (PTY)LTD, is allowed unless approved by Dermafrica (PTY)LTD first.
  6. The Purchaser is not allowed to alter or edit any artwork provided by Dermafrica (PTY)LTD.
  7. The Purchaser may only sell the listed goods as per annexure A on the E-commerce platform, Subject to change as indicated by supplier.
  8. If the Purchaser violates 8.7 goods annexure A, the supplier holds the right to stop supplying to the purchaser, and the purchaser has 72 hours to make the necessary changes to comply with 8.7.
  9. If the Purchaser fails to remedy the breach as per 8.8, the supplier holds the right to terminate the agreement.
  10. During the Agreement Term and thereafter, the purchaser agrees to not intentionally cause harm to the supplier or its reputation or to the brands They represent or which could reasonably be expected to lead to unwanted of unfavourable publicity to the supplier.

9. Treatment Protocols

  1. Protocols are provided with each product and professional treatment, which Dermafrica (PTY)LTD distributes. The Purchaser herby agrees to follow the protocols provided. These may be adapted in a suitable way to meet individual client needs; however, this is up to the discretion of medical experts only.
  2. The Purchaser undertakes to treat a client only with product that is indicated for his/her condition and, hereby, agrees to explain the risks and benefits of the product/treatment being used, in full to the client.
  3. The Purchaser agrees to inform the client of any Suggested Packages (other products relating to the specific treatment of the client) where it is indicated, and if the Purchaser can. Suggested Packages father assist with adherence to the protocol in order to give the client het best possible result(s).

10. Consent

  1. I / We do hereby warrant that all the information recorded in this application is true and correct, that I / We sign of my / own free will and with the full knowledge and understanding of the contents hereon and that I / We are duly authorized in doing so.
  2. I / We undertake to abide by the credit terms offered by the Company and recognize the full responsibility of this commitment.
  3. The Applicant specifically consent that the Company, its agent or representatives:
    • May carry out a credit enquiry in respect of the Applicant;
    • May access the data base of any Risk Information Agency before granting credit to the Applicant;
    • May where credit is granted, transmit details to a Risk Information Agency of how the Applicant has performed in meeting its obligations under the account, and share such information with other Risk Information Agencies for purposes of assessing further application for credit by the Applicant (and its members, directors, trustees or partners as the case may be) and for occasional debt tracing, debt collection and fraud prevention purposes;
    • If credit is granted in favour of the Applicant and the Applicant fails to meet its financial commitments to the Company, the Company may record the Applicant’s default with a Risk Information Agency;
    • May record the existence of an account with the Applicant at a Risk Information Agency;

11. Recovery Of Legal /Collection Costs

  1. Should Dermafrica instruct its attorneys or collection agent to collect any overdue amounts, or to take any action against THE APPLICANT in the implementation or protection of Dermafrica’s rights, Dermafrica shall be entitled to the recovery of all legal or collection costs arising there from, on the scale as between attorney, agent or collection agency and own client.

12. Change Of Address

  1. THE APPLICANT undertakes to notify Dermafrica in writing within 7 (seven) days of any change of address

13. Withdrawal Of Credit Facilities

  1. The Customer acknowledges that the Company shall be entitled, at any time, in its sole and absolute discretion, and without prior notice and without ascribing any reason therefore, to withdraw any credit facilities granted by it to the Customer, whereupon all amounts due by the Customer to the Company shall immediately be and become due and payable. Without derogating from the generality of the aforegoing, the Company shall be entitled to withdraw the Customer’s credit facilities where the Customer:
    • fails to provide the Company with such security as the Company may in its sole discretion deem necessary; and/or
    • exceeds the credit limit agreed and approved for the Customer between the Company and its insurers. In such instances the Company shall be entitled to withdraw or reduce the Customer’s credit until such time as the Customer brings his account within the agreed credit limit.

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