Terms and conditions of sale

1. Identity of the seller

These General Terms and Conditions of Sale ("Terms") are those of:

AuraSkin SRL
Rue J. Bogemans 249
1780 Wemmel, Belgium

Company number: 0777.328.009
VAT: BE 0777.328.009

E-mail: info@auraskin.be
Phone: +32 471 85 25 95

Hereinafter referred to as "AuraSkin".

2. Scope of application

These Terms govern the sale of machines, equipment and related services provided by AuraSkin to customers acting for professional purposes.

They apply in particular to beauty institutes, independents, companies and other professionals acquiring AuraSkin equipment as part of their business activity.

Any sale concluded with an individual acting exclusively for private purposes is subject to the mandatory provisions applicable to consumers, which prevail over any conflicting provision of these Terms.

3. Offer and order confirmation

The essential characteristics of the equipment, the price, any options and included services are specified in the offer, quote or order form given to the customer.

Unless otherwise stated, the order becomes final once the offer or order form is accepted and the agreed deposit is paid.

The deposit amount may vary depending on the commercial offer. Unless otherwise stated on the order form, the deposit requested is generally 10% of the sale price.

Promotional offers and additional applicable services are only those expressly listed on the quote or order form.

4. Cancellation by the customer

An accepted order constitutes a firm commitment.

In the event of unilateral cancellation by a professional customer through no fault attributable to AuraSkin, and outside cases where the law or the contract authorises such cancellation, AuraSkin may retain all or part of the deposit paid as reasonable compensation for the costs, commitments and losses resulting from the cancellation.

If the loss actually suffered exceeds the amount of the deposit, AuraSkin reserves the right to claim compensation within the limits authorised by law, subject to justification.

This provision does not affect any mandatory rights that a customer legally qualifying as a consumer may be entitled to.

5. Price

The applicable prices are those indicated in the accepted quote or order form.

Unless otherwise indicated, professional prices are expressed excluding VAT.

VAT and any applicable taxes are added in accordance with current legislation.

6. Payment terms

Unless otherwise agreed in writing:

• a deposit is paid upon ordering;
• the balance of the price is paid in full before delivery.

AuraSkin is only required to proceed with delivery after receipt of the amounts due.

Where the purchase is financed through leasing, the payment terms are determined by the contract concluded with the relevant financial institution.

7. Leasing

AuraSkin may put the customer in contact with an external financial institution, notably Europabank, to enable them to apply for financing or leasing.

Any financing request is subject to the analysis and acceptance of the financial institution.

AuraSkin does not in any way guarantee:

• the acceptance of an application;
• the amount that may be financed;
• the rate offered;
• the duration of the financing;
• the conditions imposed by the financial institution.

Refusal of financing by the financial institution cannot engage AuraSkin's liability.

Where financing is accepted, the customer's financial obligations towards the financing institution are governed by the contract concluded with it.

8. Delivery

Unless otherwise expressly stated in the offer, delivery of the equipment is handled by AuraSkin.

Where the ordered equipment is not immediately available in stock, the usual indicative lead time is around two weeks.

Announced lead times are reasonable estimates and may vary depending on availability, transport, the manufacturer, or circumstances beyond AuraSkin's control.

AuraSkin informs the customer as soon as possible when a significant delay comes to its attention.

9. Installation

Standard installation of the machine is included in the sale, unless otherwise indicated in the offer or order form.

The customer undertakes to provide an accessible, suitable location as well as the technical facilities necessary for the machine's operation.

Any work or adaptations that may be necessary on the customer's premises are not included, unless otherwise agreed in writing.

10. Training

On-site training for one person is included with the machine.

This training covers notably the use of the equipment, its operation and the good practices necessary for its use.

A training certificate may be issued at the end of the training.

Training for an additional person may be subject to an additional fee.

The training certificate issued by AuraSkin does not replace any diploma, approval, authorisation or professional qualification that may be required by the regulations applicable to the customer's activity.

11. AuraSkin commercial warranty

Unless a different arrangement is expressly agreed, AuraSkin grants a two-year commercial warranty on the relevant new machines, from the date of delivery.

This warranty covers the machine and the handpiece against manufacturing defects and malfunctions that do not result from misuse, an accident or outside intervention.

Where a defect covered by the warranty is confirmed, AuraSkin covers the parts covered, labour and, where an on-site intervention is necessary, the technician's travel.

The commercial warranty is in addition to any applicable legal rights and does not limit them.

12. Warranty exclusions

The commercial warranty does not cover, in particular:

• damage resulting from misuse;
• impacts, drops or accidental damage;
• damage caused intentionally or through negligence;
• use contrary to the instructions provided;
• lack of maintenance;
• any opening, modification or repair carried out by a person not authorised by AuraSkin;
• damage related to an unsuitable electrical installation or environment;
• normal wear and tear;
• consumables;
• filters.

Where an intervention reveals that the fault or damage is not covered by the warranty, the parts, labour and travel may be invoiced to the customer after informing them.

13. After-sales service

AuraSkin offers after-sales support 6 days a week.

When a problem is reported, AuraSkin first prioritises diagnosis and, where possible, remote resolution.

Where a physical intervention is necessary, AuraSkin strives to arrange a technician's intervention as soon as possible and aims, under normal conditions of availability and accessibility, for an intervention within approximately 72 hours.

This timeframe is a service objective and not an absolute guarantee where circumstances beyond AuraSkin's control reasonably prevent it from being met.

14. Replacement machine

Where a machine covered by the warranty cannot be repaired quickly, AuraSkin may, subject to availability, temporarily provide a replacement machine for the time necessary for the repair.

The provision of a replacement machine is not guaranteed where no replacement equipment is available.

The loaned machine remains the exclusive property of AuraSkin and must be used with the same care as the customer's own equipment.

15. AuraSkin Business

Certain sales may benefit from the AuraSkin Business programme, depending on the commercial offer applicable at the time of the order.

AuraSkin Business is only included when expressly mentioned on the quote or order form.

Depending on the offer concerned, the programme may notably include:

Community Manager support

Support for a maximum duration of 8 weeks, including notably:

• advice relating to content creation and communication;
• up to one on-site content creation session per month during the planned period;
• the creation of photo and/or video content intended for the customer's communication;
• delivery to the customer of the content produced and recommendations relating to its use.

Unless otherwise agreed in writing, the publication and day-to-day management of social media remains the customer's responsibility.

Models, extras or other people needed to produce the content are organised by the customer.

Showcase website

Where provided for in the offer, AuraSkin also arranges the creation of a professional showcase website according to the scope defined at the launch of the project.

Features, content, number of pages and any additional services not included in the initial offer may be subject to a supplementary quote.

Completion times depend notably on the customer providing the information, texts, visuals, access and approvals required in a timely manner.

16. External providers

AuraSkin may use qualified providers or partners for the performance of certain services, notably in relation to content creation, photography, video, web development, training or technical support.

AuraSkin remains the customer's contractual point of contact for the services included in its offer, unless expressly stated otherwise.

17. No guarantee of commercial results

AuraSkin provides equipment, training, tools and, where provided for, services intended to support the development of the customer's business.

These services constitute an obligation of means and not a guarantee of commercial results.

AuraSkin does not guarantee, in particular, any:

• number of prospects;
• number of appointments;
• number of clients;
• turnover;
• profit;
• return on investment;
• payback period for the machine.

Results depend notably on the customer's market, location, prices, involvement, communication, sales skills and many factors beyond AuraSkin's control.

18. Revenue and profitability simulations

Any simulator, projection, turnover example, profitability estimate or calculation presented on the site, in a brochure or by a member of the AuraSkin team is provided for purely indicative purposes.

The results displayed are based on assumptions or on the data entered by the user.

They constitute neither a personalised financial forecast, nor a promise, nor a guarantee of income or profitability.

It is up to the customer to establish their own financial projections and, where necessary, to seek advice from a competent professional.

19. Customer obligations

The customer is responsible for:

• the correct use of the machine;
• compliance with the instructions and protocols communicated;
• routine maintenance;
• compliance with the regulations applicable to their activity;
• the qualification or authorisation of their staff where required;
• the compliance of their premises;
• the insurance necessary for their activity;
• using the machine in accordance with its intended purpose.

The conformity or certification of the equipment does not exempt the customer from checking the regulatory obligations applicable to their activity and establishment.

20. Liability

AuraSkin is liable for the performance of its obligations in accordance with applicable law.

However, AuraSkin cannot be held liable for damage resulting notably from misuse of the equipment, failure to comply with the instructions, unauthorised intervention, an unsuitable environment, or the customer's failure to comply with their own professional or regulatory obligations.

In relations between professionals, no provision of these Terms shall have the effect of excluding liability that cannot legally be excluded or limited.

21. Force majeure

Neither party shall be held liable for a delay or failure to perform resulting from an unforeseeable event, reasonably beyond its control, that makes the performance of its obligations impossible or excessively difficult.

The party concerned informs the other party as soon as possible.

The parties then seek a reasonable solution to allow the contract to continue to be performed.

22. Complaints

Any complaint relating to an order, delivery, service or the operation of a machine must be communicated to AuraSkin as soon as possible:

info@auraskin.be

The customer is invited to describe the problem precisely and, where useful, to send photographs, videos, serial numbers or other information allowing a diagnosis to be made.

23. Intellectual property

The trademarks, logos, documents, training materials, content, methods, photographs, videos, graphic creations and other elements belonging to AuraSkin or its partners remain protected by applicable intellectual property rights.

No transfer of rights is made unless otherwise agreed in writing.

24. Amendment of the Terms

The Terms applicable to an order are those accepted by the customer at the time the contract is concluded.

A subsequent amendment published on the site does not retroactively modify a contract already concluded, unless agreed between the parties or otherwise provided by law.

25. Partial invalidity

If any provision of these Terms is declared void, invalid or unenforceable, the other provisions remain applicable to the extent permitted by law.

The parties shall endeavour, where necessary, to replace the provision concerned with a valid provision pursuing as closely as possible its original purpose.

26. Applicable law and disputes

The contractual relationships between AuraSkin and its professional customers are governed by Belgian law.

In the event of a dispute, the parties shall first endeavour to seek an amicable solution.

Failing an amicable agreement, the competent courts are determined in accordance with applicable Belgian law. For B2B relationships, and where the law validly permits a jurisdiction clause, the parties agree to the jurisdiction of the courts of Brussels.

Any mandatory provisions applicable to a consumer remain fully reserved.

27. Acceptance

The customer acknowledges having had the opportunity to review these Terms before the order was placed.

Acceptance of the quote or order form to which these Terms are attached or otherwise made effectively accessible constitutes acceptance of them, within the limits provided for by applicable legislation.