We only offer Azepur99 for cosmetic and pharmaceutical applications B2B. We don’t offer azelaic acid for industrial applications. Neither do we offer to end users.
Azelaic acid is a very stable product. If stored properly the shelf life time is minimum 24 months.
Please read these terms and conditions carefully. They contain very important information about your rights and obligations, as well as warranty and liability limitations that may apply to you. By placing an order you (“Customer”) accept and agree to these terms and conditions. A binding contract will only be formed upon Azelaic Products BV giving notice of its formal acceptance of an order.
1. Parties and Definitions
Azelaic Products B.V is a company registered in The Netherlands; Dutch Chamber of Commerce : 61698318
Address Mussenberg 1, 6049 GZ Roermond, The Netherlands.
Azelaic Products B.V. herein after ”Azelaic Products” is the seller of Products for the purposes of Customer’s rights and
concerns relating to Products.
In these Terms and Conditions of Sale of Products:
“Customer” or “you” refers to the legal entity who orders Products via Azelaic Products’ telephone call centre, via email
and whose order for Products is accepted by Azelaic Products;
“Contract” is the contract containing these terms and conditions, formed by Azelaic Products acceptance of your order;
“Invoice” is the invoice issued by Azelaic Products to you for the price of the Product;
“Order” means an order placed by you in accordance with the Terms;
“Order Confirmation” means the order confirmation issued by Azelaic Products to you indicating acceptance of your order;
“Products” are the products listed as items for sale on Azelaic Products website;
“Terms” are these terms and conditions of sale, which are indicated in the Order Confirmation;
“Delivery date” date on which the Products are ready for shipment ex warehouse Azelaic Products, the Netherlands.
2. General – Application of Terms and Conditions
Your purchase of Products, whether through Azelaic Products’ website or an Azelaic Products’ telephone call centre, is subject to these Terms and no other terms or conditions shall apply. These Terms override any other terms or conditions referred to by Customer or in any course of dealing.
3. Placing Your Order – Order Confirmation
By placing an Order, you make an offer to us to purchase the Products you have selected. We may or may not accept your offer at our discretion. Any Contract is dependent and conditional upon Azelaic Products’ verification of availability and confirmation of both your Order and payment details. If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. Generally, Azelaic Products has 7 days as of the receipt of your placed Order for such verification and confirmation. As long as Azelaic Products has not confirmed both of the above mentioned points, Azelaic Products is not obliged to provide Products.
Azelaic Products may in its sole discretion accept or reject orders, or advise you of its inability to process orders.
Information contained in our advertising, brochures, other written materials, on the Azelaic Products website or given to you by our agents or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any Products.
You may place an Order by sending us your order confirmation in written by e-mail, facsimile or post.
Please note that Azelaic Products does not deliver Products to certain regions within some countries as listed in Clause 11. In the event your Order has been placed from a country where delivery to certain regions is excluded by Azelaic Products you will be notified.
When you place your Order, Azelaic Products will send you an Order Confirmation by e-mail. If we cannot accept your Order we will contact you by email or telephone.
4. Product Information and Availability Changes
Azelaic Products can update and revise Products without prior notice. Azelaic Products may revise prices for Products.
A price remains valid for the duration of 30 days on which customer is informed of the price by Azelaic Products (through an offer in written).
The prices of Products are those which apply at the time of Customer’s Order.
All Product prices displayed and offered exclude VAT and duties. Additional charges such as shipping or handling costs, transport insurance, levies or charges of any authorities, or otherwise required by applicable law may be charged in addition to the applicable Product price and will be indicated to you prior to placing the Order. The customer will always be responsible for settlement of duties.
6. Manner and Terms of Payment
Azelaic Products will require payment in advance, unless agreed differently in writing . Payment methods, the currency either USD or Eur and the delivery term will be indicated in the order confirmation and invoice. If Azelaic Products is unable to deliver your Order after having taken payment, you will be reimbursed immediately and in full.
The standard delivery term is ex Warehouse , The Netherlands. Different delivery terms should be confirmed in our order confirmation. The delivery term will be indicated on the invoice.
Duties are always and fully under the responsibility of the buyer.
8. Delivery Date
Azelaic Products aims to deliver promptly. However, there may be reasons for Azelaic Products’ inability to deliver according to its target dates (most of which are beyond Azelaic Products’ control). Accordingly, any dates given by Azelaic Products for the delivery of Products are estimates only, and Azelaic Products cannot and does not undertake that delivery will occur on any specified dates, except in the event such delivery dates have been explicitly confirmed by Azelaic Products as binding.
If Products cannot be delivered by any estimated or target dates given by Azelaic Products, Azelaic Products may elect to cancel the order and refund any money paid by the Customer. Azelaic Products is solely liable to refund any money paid by the Customer to Azelaic Products. Right for damages based on delay in such an event is excluded.
Azelaic Products retains full legal title to Products until it has received in full all amounts due on those Products and (to the extent permitted by applicable law) payment on any other Products that you have ordered.
10. Product Guarantees
Azelaic Products is under a legal duty to supply Products that are in conformity with your contract with Azelaic Products.
If your Product is or becomes faulty through no fault of your own then you may be entitled to a refund, or replacement of the Product. Please contact the Azelaic Products and also refer to the section on Product Guarantees below.
If you have a complaint about the service that Azelaic Products has provided then please contact the Azelaic Products through mail : email@example.com
Azelaic Products guarantees that it’s azelaic acid meets the specification and the certificate of analyses as confirmed in the Order confirmation.
Azepur 99™ is a trade marks of Azelaic Products.
11. Liability Limitation
These Terms set out the full extent of Azelaic Products’ obligations and liabilities in respect of the supply of, or failure to supply, Products. Azelaic Products is not liable to you (or any other parties):
for any indirect, incidental, consequential, punitive or exemplary damages, or for loss of income, profits, bargain, revenue, contracts, goodwill, use, enjoyment, time, data, electronically transmitted orders or other economic advantage (but not to the extent that applicable law prohibits liability exclusions or limitations for intentional torts, gross negligence, damages arising out of product liability or other fault bases), except in the event of damages that result from Azelaic Products’ gross negligence or intent as well as in the event of health dangers, life dangers and bodily injuries. The liability according to the product liability law remains unaffected.
IN NO EVENT WILL AZELAIC PRODUCTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF, OR RELATING TO, THE GOODS SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL PURCHASE PRICE FOR THE GOODS GIVING RISE TO THE CLAIM.
Claims and Liability
A. Unless Azelaic Products shall within 30 days after delivery of the Goods, receive from Buyer written notice of any matter or thing by reason whereof it is alleged that Goods are not in accordance with the Contract, Goods delivered shall be deemed to have been supplied, delivered and accepted in all respects in full conformity with the Contract and Buyer shall be entitled neither to reject the same nor to raise any claim for damages or for other remedy in respect of any alleged negligence and/or breach of warranty and/or any condition.
B. In any claim, brought subject to the conditions above, Buyer must prove to the satisfaction of Azelaic Products that it followed Azelaic Products’ instructions for use, care, storage, handling and application of the Goods.
C. Unless otherwise specifically restricted by mandatory applicable law, Azelaic Products’ liability under any claim and in connection with any possible allegation, whether based on negligence, contract, or any other cause of action, shall be
limited to either (i) the replacement of the Goods or the supply of equivalent goods; or (ii) credit in an amount equal to the purchase price specified in Azelaic Products’ pertinent invoice, or in an amount of equivalent goods, all at Azelaic Products’ sole option. Buyer acknowledges that the remedy available to him as specified herein, is in lieu of any remedies that may be otherwise available to him, now or in the future, whether in law or in equity, relating to any loss or damage, whether directly or indirectly, arising from the purchase and/or the use of Goods, including without limitation, any actual or contingent damages, loss of production, loss of profit, loss of use, loss of contracts or any other consequential or indirect loss whatsoever, whether pecuniary or non-pecuniary. Should any limitation on Azelaic Products’ liability hereunder be held ineffective under applicable law, than Azelaic Products’ liability shall in any event be limited to the minimum amount of damages to which Azelaic Products’ may limit its liability, where such is greater than the purchase price as specified in Azelaic Products’ pertinent invoice.
D. Buyer, for himself and for any other party which may claim either under or through Buyer, or independently of Buyer, including Buyer’s employees, directors, officers, representatives, affiliates and personnel, shall indemnify and hold Azelaic Products harmless, from and against any claim or liability for damages for negligence including but not limited to, any claim in connection with the design, manufacture, use, care, storage, delivery, application or maintenance of any Goods sold hereunder, whether alleged to have been committed by Azelaic Products or by any other person whatsoever. Buyer’s undertaking as specified in this subsection shall extend and inure to the benefit of Azelaic Products and of Azelaic Products’ successors at any time, as well as to Azelaic Products’ affiliates, personnel, representatives, managers, directors and officers. Nothing contained herein shall take effect to exclude or limit liability where liability may not be excluded or limited under applicable law, including, without limitation, for death, personal injury and fraudulent misrepresentations.
E. Any and all warranties, undertakings, guarantees or assurances provided herein by Azelaic Products, are specifically limited to Buyer herein, and not imputed by Azelaic Products, whether directly or indirectly, expressly or impliedly, to any other person or entity, including any subsequent buyer or user, Bailee, licensee, assignee, employee and agent of Buyer
12. Changes to Terms and Azelaic Products’ Website
Azelaic Products may amend these Terms, including payment and warranty terms, without prior notice. Azelaic Products may provide notices of changes to Azelaic Products’ website, the Terms and other matters by displaying notices or hypertext links to notices or by simply making the changes on the relevant Azelaic Products website.
Although care is taken to ensure the accuracy of the information on Azelaic Products’ website, they could include inaccuracies or typographical errors. AZELAIC PRODUCTS is not liable for third parties’ reports at Azelaic Products’ website. Azelaic Products shall not be obliged to honor, nor be liable in respect of, such errors, except for errors concerning characteristics and nature of the Product (i.e. incorrect product specification) in which case at our discretion, we may offer you with Products which fulfil or are close to the initially described Product specification (if any).
13. Governing Law, Jurisdiction
The sale of Products and these Terms shall be governed by and construed under the laws of The Netherlands. For all disputes, Customers submit to the exclusive jurisdiction of the Courts of The Netherlands.
14. Other – General
No omission or delay on the part of any party to insist on strict performance of any Terms, or in exercising any right, power or remedy under these Terms, shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right, power or remedy preclude the further or other exercise thereof or the exercise of any other right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these Terms shall be a waiver of any subsequent breach of that or any other Term.
Circumstances beyond our reasonable control
We will make every effort to perform our obligations under these Terms. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control such as strikes, terrorist acts, war, supplier/transport issues, governmental or regulatory action and natural disasters. In the event of a delay, we will perform our obligations as soon as reasonably possible.
If all or any part of one or more of these Terms is or becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation or found to be illegal or unenforceable in whole or in part under any applicable law, or regulation of any jurisdiction or country, or with respect to a certain category of persons, such provision or part shall to that extent, be deemed not to form part of the Contract. The legality, validity or enforceability of the remainder of these Terms or the remaining parts of the relevant Term shall not in any way be affected or impaired thereby (in relation to such jurisdiction or country, or category of persons). The legality, validity or enforceability of such provision under the applicable laws of any other jurisdiction or country or category of persons, shall not in any way be affected or impaired.
15. Statutory Rights
These Terms do not affect (and should not be read to affect) your statutory rights which cannot be waived or limited by contract.
The purity of Azepur99 is minimum 99,0% for the cosmetic grade and 99,2% for the pharma grade.
Owing to national duty regulations, we only offer duties unpaid. Buyer is responsible to settle national duties.
We deliver prompt from stock. We will always indicate time of delivery on our order confirmation.
In case of payment in advance, delivery will be done immediately after receipt of your payment.
To 1st year customer we only deliver payment in advance. Payment route will be indicated on Pro Forma Invoice.
Azepur99 Cosmetic grade is packed in HDPE drums of 1 kg net and 10 kg net.
Azepur99 Pharma grade is packed in HDPE drums of 10 kg net.