SHIPPING POLICY

DELIVERY AND PARTIAL DELIVERIES

Delivery times

The purchase order of products is confirmed and shipped upon full payment of the order at the address indicated as delivery details. The maximum delivery time is calculated from the picking-up of the parcel by the shipping company at MDSS’s warehouse or premises. MDSS must deliver the Products without undue delay but no later than thirty (30) days after the conclusion of the Contract. If MDSS fails to deliver the Products within the maximum period, the Buyer shall require MDSS to make the delivery within an additional period appropriate to the circumstances (for instance and not exhaustively, a force majeure event). If MDSS fails to make the delivery within the said additional period, the Buyer shall be entitled to terminate the Contract and be reimbursed. 

Our delivery times are the following: 

• For all orders placed from Monday to Friday before 12 noon (Continental European Time: “CET”), the order will be processed and delivered to the shipping company the same day. 
• For all orders placed from Monday to Thursday after 12 noon (CET), the order will be processed and delivered to the shipping company the next day. 
• For all orders placed from Friday after 12 noon (CET) to Sunday evening, the order will be processed and delivered to the shipping company the following Monday. 
• For orders placed on public holidays in Luxembourg, the order will be processed and delivered to the shipping company the next working day in Luxembourg.

Shipping is handled by the company or delivery agents hired by MDSS (such as FedEx or any other shipping company chosen at its own discretion by MDSS).  

During some period of times such as any MDSS commercial operation, our logistic department may encounter an important numerous of purchase orders to deal with. We will do our best efforts to inform you by any means (phone, email, etc.) in case of delay in the processing of your order.

Costs and delivery times vary depending on the delivery of the ordered Products : 

Errors of delivery and conformity

At delivery, it is highly recommended to the Buyer to check the packaging of the delivered Products and notify to the shipping company all reserves on the packaging and where opportune, the state of the Products (for instance, parcel opened and /or damaged). In case the parcel would be damaged on delivery, the Buyer must check, when the shipping company is present, the state of the Products before signing the delivery form and precisely write on the delivery form any reservations in case of missing or damaged Product. 

The Buyer must submit to MDSS, at the latest on the eight (8th) day following delivery, any claim relating to the error of delivery and/or any visible non-conformity or visible defect of the delivered Product, in kind or in quality, regarding the indications on the automatic confirmation e-mail of the order. 

This complaint to MDSS may be made by means of the contact email address, clearly specifying the order reference and annexing pictures of the ordered Products grounding the claim. 

Upon receipt of the complaint provided that the complaint is justified and completed, MDSS will assess the complaint and then be able to assign or not an exchange number for the Product(s) concerned, which it will then send by e-mail to the Buyer. The exchange of a Product can only take place after the Buyer has been given an exchange number in accordance with the above procedure. 

In the event of a delivery or exchange error, any Product to be exchanged or refunded must not be used, still sealed and be returned in its entirety including its package to MD SKIN Solutions S.à r.l. 48 rue de Bragance, L-1255, Luxembourg (Grand-Duchy of Luxembourg), in its entirety by POST Luxembourg, FEDEX, Colissimo Recommandé or equivalent.

To be acceptable, any return must also be reported with the purchase order number and name of the Buyer in advance to the MDSS's Customer Service Department at the following address mesome@pluryal.com. 

Restrictions for delivery

MD Skin Solutions S.à r.l. does not enable delivery to any other countries than mentioned above, and the delivery is automatically restricted should either the shipping adress or the billing address contain a country that is not within the defined markets by the company. 

RETENTION OF TITLE AND TRANSFER OF RISKS

MDSS remains the exclusive and sole owner of the Products until the receipt by MDSS of the  full payment by the Buyer of the ordered Products. The ordered Products cannot validly be pledged by the Buyer or given as security by the Buyer until the receipt by MDSS of the full payment by the Buyer of the ordered Products or the confirmation email of order has been sent to the Buyer. 

Risks of loss or damage of the Products are automatically transferred from MDSS to the Buyer when the Buyer takes physical possession of the Products. The risk is transferred to the Buyer on delivery of the Products to the carrier or shipping company where the carrier or the shipping company has been entrusted with the transport of the Products by the Buyer and the choice has not been offered by MDSS, without prejudice to the Buyer as consumer's rights against the carrier or the shipping company. 

LIABILITY

Any legal liability MDSS may have incurred shall be only limited to direct damages.

MDSS shall not be liable for any misuse of the Product and/or for any use that does not comply with the instructions in the Product's user manual. Furthermore, the Buyer must respect the maximum use-by date.

GUARANTEES 

The Buyer benefits from the legal warranties of conformity and hidden defects, in accordance with the governing Luxembourg legal provisions in force. 

Legal guarantee of conformity

MDSS is bound by a legal guarantee of conformity in accordance with the articles L. 212-2. to L. 212-9. of the Luxembourg Consumer Code :

• The Buyer may take action within two years of delivery of the Product(s); 
• The Buyer shall be entitled, under the conditions set out in the article L. 212-6. and following of the Luxembourg Consumer Code,  
• To have the Product brought into conformity. The Buyer may choose between repairing or replacing the Product, without cost or major inconvenience to the Buyer within a reasonable period of time, subject to the cost conditions set out in article L. 212-6 (2) and (3) of the Luxembourg Consumer Code; 
• To have the price reduced proportionately; or  
• To have the Contract rescinded, if the defect is major. 

Defects in conformity that appear within 12 months of delivery of the Product are presumed to have existed at that time unless the trader proves otherwise. If the defects appear more than 12 months but less than 2 years after delivery of the Product, the legal guarantee of conformity still applies, but it will be up to the Buyer to prove the existence of the lack of conformity at the time of delivery of the Product in order to benefit from this legal guarantee.

Legal guarantee against hidden defects 

The Buyer may decide to invoke the legal guarantee against hidden defects in the Product sold within the meaning of Article 1641 of the Luxembourg Civil Code. In this case, the Buyer may choose between

• Rreturning the Product and having the price refunded and MDSS is required to pay damages based on Article 1645 of the Luxembourg Civil Code, or 
• Keeping the Product and have part of the price returned to him/her, as determined by experts, in accordance with Article 1644 of the Luxembourg Civil Code. The Buyer must inspect and check the Products for defects immediately as soon as they are delivered to her/him.