Provider Agreement Old
Terms and Conditions
Clinical Skin, LLC Provider Agreement
This agreement is applicable to any business or individual involved in the resale or administration of Clinical Skin, LLC, Clinical Skin PolyPeptide Firming Serum, and all other products including and not limited to proprietary formula A.C.E. Technology™. “Provider”, “Account” and/or “Buyer” refers to all companies selling A.C.E. Technology™ products in their practice.
All Accounts have been advised to carefully review the Terms & Conditions in this Agreement before entering into or continuing with a transactional agreement with Clinical Skin, LLC.
Ordering Information ®
Orders may be placed online 24/7 through your online Clinical Skin Provider Account. Only one ordering Account will be available per location. Completed online orders once submitted will be shipped in order of receipt Monday – Friday 9:00am – 5:00pm EST, excluding holidays. We require 24 hours to process orders prior to shipping. Processing time does not include weekends or holidays.
If you choose to place your orders directly with Clinical Skin, we require a minimum order, contact our customer support for details.
There are minimum opening order requirements for all new accounts. Please contact our customer support for details.
Buyer has the right to examine the goods purchased upon receipt. If Buyer should believe that it has received defective Products, Buyer must contact Seller immediately and without any undue delay
Seller’s total liability to Buyer, if any, whether in contract or tort or otherwise, arising out of its sale of any Products, shall not exceed the price paid by the Buyer for the Products giving rise to the liability.
Returns or exchanges are accepted on qualified, unopened, and unused retail products which may be returned within 30 days of purchase for a full refund or credit on the account. There may be a Restocking Fee on product returns. All returns must be made within 30 days of Order.
Defective items will be exchanged for new products once you notify Clinical Skin directly, and the defective items are returned to Clinical Skin for inspection. We may require photos and/or lot code references to start the exchange process. Returned items must be deposited at the shipping office before action will be taken by Clinical Skin based on the shipped condition or quality of the goods received. Such notice must specify in detail the particulars of the claim. Failure to provide such notice within the requisite time period constitutes irrevocable acceptance of the goods for any claim for damages.
Clinical Skin has the right to cancel any order at any time and will refund any monies collected.
Non-Diversion Outside of Territory
You do not have permission to sell Clinical Skin products purchased domestically outside of the United States and Canada. Any shipping outside of the United States and Canada is prohibited. Product cannot be brought in from other countries and sold in these areas without advanced, written permission.
Dispensing and Selling Integrity
When you become a Provider of Clinical Skin you agree to comply with indicated dispensing and usage directions. All Accounts agree to adhere to labeled expiration dates noted on packaging. In the case of any adverse events witnessed in office or reported by user, you agree to notify Clinical Skin directly through our customer service phone number or email immediately. Providers shall use best efforts to market all Clinical Skin products in compliance with the provisions of applicable law and regulations. Providers shall use for marketing purposes only marketing materials (such as banners, rack cards, tent cards, fliers, digital assets, and the like) provided by Seller. Providers shall not use any materials for marketing purposes that are designated by Clinical Skin for educational purposes, such as clinical white papers, etc.
Payment for all products shall be made in full upon ordering. Clinical Skin accepts payments by Credit Card, Debit Card, Paypal, Apple Pay, Amazon Pay, Google Pay and Facebook Pay.
All Clinical Skin products require the oversight of a dispensing physician or licensed professional for safe and optimal results. By entering into this agreement with Clinical Skin, you agree to NOT resell any Clinical Skin products on any online platforms, such as Amazon, eBay, or other e-commerce websites. If it is found that Clinical Skin product is sold without our explicit permission, the account will immediately be suspended. Clinical Skin will pursue legal action if it is determined that unlawful reselling of Clinical Skin products occurs on any online marketplace.
Providers may request to add Clinical Skin products to their e-commerce store. Once approved, providers may only sell to their own patients, with password protection, and no pricing visible to the public.
Buyer shall comply with all laws and regulations governing, or otherwise applicable to, the import, sale, or marketing of the Products, including, without limitation, all laws and regulations governing competition, restrictive practices, and sales of the Products. In addition, Buyer certifies that it is in compliance with all applicable laws relating to: (1) its status as a physician or a medical practice; (2) sale of over-the-counter products to patients; and, (3) any appearance before governmental agencies and instrumentalities.
Clinical Skin product orders are processed Monday – Friday from 9:00am – 5:00pm, EST, excluding holidays. Allow 24 hours for order processing prior to shipment.
USA Shipping Rates (Movement on shipments M-F).
Please contact our customer support for shipping cost on orders over the amount of $500 for detailed instructions.
Express shipping will be billed to Account at actual cost.
Overnight shipping costs will vary, and this service may not always be available. Please contact our customer service for details. Clinical Skin does not take responsibility for delays with shipping company.
All purchases valued over $500 will require signature confirmation upon delivery. If someone is unavailable to sign for the package at the destination, the package will be held at the nearest FedEx office for pickup. The addressee will need to pick up with photo ID.
You can email our customer service if you prefer not to require signature confirmation for deliveries valued over $500. In such cases, Clinical Skin is not responsible for any missing packages as we cannot guarantee delivery.
Any product damaged in transit must be noted within 24 hours of delivery.
Consent Forms received from Clinical Skin are intended to be utilized as templates only. Please consult with your legal team for any legal advice regarding these forms.
Providers agree that you will not attempt to register products with any government agency nor to initiate any other process with foreign or domestic regulatory authority without the prior expressed consent of Clinical Skin. Providers further agree to direct any inquiry or communication from any regulatory authority to Clinical Skin.
We would like to send you leads from time to time. If you would not like to receive leads from us, please let our customer service know.
We encourage sharing images, videos and testimonials from your patients. Please tag #clinicalskin, #ClinicalSkin or @clinical_skin when posting success stories to your social media sites. Be sure all patients have given proper, signed consent.
Relationship of Parties
Seller and the Buyer are independent parties. These Terms & Conditions shall not constitute or be construed as creating a partnership or joint venture between the parties, nor shall it make either party an agent or legal representative of the other for any purpose whatsoever. Nothing in these Terms & Conditions will obligate Seller to continue to sell Products to Buyer.
If either party commences an action against the other to interpret or enforce any obligation based upon these Terms & Conditions, or as a result of a breach by the other party of any obligation based upon these Terms & Conditions, the party prevailing in such matter shall be entitled to recover from the non-prevailing party reasonable attorneys’ fees, costs, and expenses, incurred by the prevailing party in connection with said action.
This Agreement outlines that if a dispute occurs, a mutually acceptable arbitrator will be tasked with assisting to resolve the dispute. It also states that both parties will continue to fulfill their part of the original agreement until a decision is made.
To the fullest extent permitted by applicable law, Buyer will indemnify, release, defend and hold harmless Seller, its subsidiaries, affiliates, licensees and assigns, and their respective officers, directors, agents, representatives, subcontractors and employees, whether acting in the course of their employment or otherwise (each, an “Indemnified Party”), from all claims, demands, losses, damages, liabilities, judgments, costs (including reasonable attorneys’ fees), expenses, liens or actions (collectively, “Claims”) incurred by or asserted against an Indemnified Party, in any manner arising out of or relating to Buyer’s performance or failure to perform its obligations, Buyer’s breach of any of the representations, certifications or covenants contained in these Terms and Conditions, including without limitation, claims relating to death, personal injury, or damage to property.
By their execution, the parties hereto have agreed to all of the Terms & Conditions of this Agreement effective as of the last date of signature or digital acceptance, and each signatory represents that it has the full authority to enter into this Agreement and to bind her/his respective party to all of the Terms & Conditions herein.
Provider Agreement Amendments
Clinical Skin may make amendments to this Agreement at any time. The most current agreement will always be available to reference by contacting our customer service. The most current Agreement supersedes any other previous Agreement, including oral agreements.
Customer Agreement Updated March 2022