1. About Us
Titan X Skin Ltd (“Titan X,” “we,” “us”) is a company registered in England and Wales, operating within the UK. Our registered office is at 534 Leabridge Road E10 7DT
2. Our Contract with You
2.1. These terms and conditions (“Terms”) apply to all orders for goods (as defined in clause 3.1) placed by you (“Order”) and the supply of goods by us to you (“Agreement”). No other terms shall apply by trade, custom, practice, or course of dealing. We may update these Terms from time to time, and you should keep a copy for future reference.
2.2. The Agreement constitutes the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty not explicitly set out in the Agreement.
3. Placing an Order and Acceptance
3.1. Each Order is an offer by you to purchase the goods specified in the Order (“Goods”), subject to these Terms.
3.2. You are responsible for ensuring that your Order is complete and accurate.
3.3. Our acceptance of your Order occurs when we send you a written quotation or invoice, or sign a purchase order form, at which point a binding Agreement comes into effect.
3.4. Any Order shall be accepted solely at our discretion.
3.5. Quotations or estimates provided by us are subject to these Terms and are valid for 30 days from the date of issue, unless stated otherwise.
4. Warranty and Use of Goods
4.1. The equipment specified in the Order (“Equipment”) is supplied with a standard one (1) year limited warranty, outlined in the user guide provided with the Equipment and accessible via our portal (“User Guide”).
4.2. We provide the following warranties:
a. Equipment – The warranty terms are detailed in the User Guide and any optional extended service plan. Your Titan X sales representative can provide further details upon request.
b. Goods (excluding Equipment) – We warrant that the Goods will conform in all material respects with their description and any applicable specifications at the time of delivery.
4.3. If you wish to purchase an extended service plan, you must do so before the expiration of the one-year limited warranty.
4.4. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded.
4.5. You agree to:
a. Use the Equipment solely in your business, in a proper and careful manner, in accordance with the User Guide.
b. Ensure that only properly trained personnel operate the Equipment.
c. Maintain the Equipment in good working condition.
d. Use only Titan X-approved consumables (“Consumables”) when performing treatments with the Equipment.
4.6. The warranty does not cover defects arising from:
a. Continued use after notification of an issue.
b. Unauthorized alterations or repairs.
c. Fair wear and tear, wilful damage, negligence, or improper storage or working conditions.
4.7. Failure to comply with clause 4.5 may result in:
a. Removal from Titan X’s list of verified service providers.
b. Loss of access to Titan X’s resources and support.
c. Revocation of any trademark or branding rights under clause 10.
5. Delivery, Risk, and Ownership
5.1. We will use reasonable efforts to deliver Goods to the address specified in your Order within the estimated timeframe. Delivery dates are indicative and non-binding.
5.2. Risk in the Goods transfers to you upon delivery.
5.3. Ownership of the Goods remains with us until we receive full payment, including all applicable delivery charges.
5.4. Until full payment is received:
a. You must store the Goods separately, ensuring they remain identifiable as our property.
b. We reserve the right to repossess the Goods if payment is overdue.
6. Pricing and Payment
6.1. Prices for Goods are as stated in our prevailing price list at the time of quotation or invoice issuance. Prices are subject to change at our discretion.
6.2. Payment terms:
a. Orders for Equipment and Goods must be paid in full as per the quotation.
b. Future orders require a 30% deposit, with the remaining balance due within thirty (30) days.
6.3. Late payments may result in:
a. Suspension of deliveries.
b. Interest charges at 8% per annum above the Bank of England base rate.
c. Recovery of reasonable debt collection costs.
7. Taxes
7.1. Prices exclude VAT and other applicable taxes unless otherwise stated.
7.2. You are responsible for all taxes unless you provide valid exemption documentation.
8. Liability
8.1. Our liability is strictly limited as follows:
a. We do not accept liability for indirect, consequential, or economic losses.
b. Our maximum liability for claims under this Agreement shall not exceed the total amount paid by you for the Goods in question.
9. Consumables
9.1. The Equipment requires specific Consumables (e.g., serums and replacement parts) for proper function.
9.2. You must only use Titan X-approved Consumables with the Equipment.
9.3. Use of non-approved Consumables may result in:
a. Warranty voidance.
b. Removal from Titan X’s list of verified providers.
10. Intellectual Property and Trademark Licence
10.1. Titan X retains all intellectual property rights in its trademarks and marketing materials.
10.2. We grant you a non-exclusive, revocable licence to use Titan X trademarks and branding materials solely for the promotion of Titan X treatments, subject to:
a. Compliance with all Titan X branding guidelines.
b. Use of only Titan X-approved Equipment and Consumables.
10.3. Any breach of these terms will result in immediate termination of the licence.
11. Termination
11.1. We may terminate the Agreement immediately if:
a. You fail to make a payment when due.
b. You commit a material breach of any term and fail to remedy it within 30 days.
c. You become insolvent or cease trading.
11.2. On termination, all outstanding sums become immediately payable.
12. Force Majeure
12.1. We are not liable for failure to perform obligations due to circumstances beyond our control.
12.2. If such circumstances persist for more than 30 days, either party may terminate the Agreement.
13. Communications
13.1. Notices must be in writing and delivered by hand, post, or email.
14. Confidentiality
14.1. You must not disclose Titan X’s confidential business information during the term of this Agreement and for two years thereafter.
15. General Provisions
15.1. We may transfer our rights and obligations under this Agreement, but you may not do so without our written consent.
15.2. Any modifications to this Agreement must be in writing and signed by both parties.
15.3. If any provision of this Agreement is deemed unlawful, the remaining provisions remain in effect.
15.4. This Agreement is governed by English law, and disputes shall be subject to the exclusive jurisdiction of the English courts.