Thank you for visiting obagi.com.mt which we refer to as the “Site.” The Site is owned and operated by Class Medical Ltd (referred to as “Obagi” “we”, “us” and “our”). Please read these terms and conditions carefully as they give information pertaining to the policies under which you will be ordering with us. If you browse obagi.com.mt you are agreeing to comply with and be bound by the following terms and conditions (‘the Conditions’) that together with our Privacy policy and our section on Delivery govern our relationship with you in relation to obagi.com.mt. If you disagree with any part of these terms and conditions, please do not use our Website.

1. Definitions: ‘The Company’ or ‘us’ or ‘we’ refers to the owners of the Website ‘obagi.com.mt’ is Class Medical Ltd, whose registered office is CLASS MEDICAL LTD, UBT 13/14 Industrial Estate, San Gwann, Malta with company registration number C85110. ‘You’ refers to the user or viewer of obagi.com.mt. ‘Products’ refers to the products available through obagi.com.mt. ‘Website’ refers to obagi.com.mt.
2. General: Access to obagi.com.mt is permitted on a temporary basis, and we reserve the right to withdraw or amend the Website and the Products without notice. We will not be liable if, for any reason, obagi.com.mt is unavailable at any time or for any period. Furthermore, from time to time, we may restrict access to some parts or all of this Website. Your use of any information or materials on obagi.com.mt is entirely at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that any Products or information available through this Website meet your specific requirements.
3. Marketing:  You are agreeing to grant explicit consent to receive communication of a marketing nature. That you agree that the email address you provide us with will be used for marketing purposes. If at any time you would like to opt out of receiving email marketing communications please follow the unsubscribe link that can be found at the bottom of each email newsletter.

4. Cookies: We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
5. Prohibitions: You must not misuse this Website. This means, inter alia, that you will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed through obagi.com.mt. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use obagi.com.mt or to your downloading of any material posted on it, or on any website linked to it.
6. Intellectual Property, Software and Content: obagi.com.mt contains intellectual property rights which remains the property of the Company or its licensors. All such rights are reserved by the Company and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on obagi.com.mt nor may you use any such content in connection with any business or commercial enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by the Company or its licensors. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of the Company.
7. Eligibility to Purchase & Orders: By placing an order you are offering to purchase a product on and subject to these Conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our section on Delivery for further information. In order to contract with the Company you must be over 18 years of age, legally able to enter into binding contracts and possess a valid credit or debit card issued by a bank acceptable to us. The Company retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
8. Consumer Rights: Cancellations: If you are contracting as a consumer, you may cancel an order at any time prior to the goods being dispatched, which we confirm via e-mail. Loss of Package sent by Standard Mail/Track and Trace Mail : A package will be considered as lost or missing if it does not arrive within 21 working days from the date it was dispatched. Once a package is considered lost this will be replaced or refunded. Refunds: If you are contracting as a customer and you are not satisfied with any product purchased from obagi.com.mt and they are UNOPENED, you may return them within 21 days of receiving them and we will refund you, replace them, or issue you a store credit beginning on the day after we received the Products. In this case, you will receive a full refund of the price paid for the products (not including postage costs, if any ) in accordance with our refunds policy (set out below). It is important that you return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. This provision does not affect your statutory rights Refunds & Returns Policy. Upon receiving the returned unopened products we will inspect them, and on the condition this product has not been tampered with and can be used for resale we will process a refund, store credit or replacement, in accordance with your request. Returns policy: To return any product purchased, you must follow these steps:

1. • Contact our customer service by e-mail on [email protected]
   • Re-pack the products you want to return safely and securely. Be sure to return ONLY unopened and sealed product that you want to return.
   • Afffix the sticker tag with our return address to the outside of the package to ensure it arrives to the correct destination We have provided this tag for you. You will find it at the bottom left hand side of the invoice- simply peel it off and stock to the outside of return package.
   • Mail the package that includes the products, return form together and address tag we sent you which you affixed to the outside. In the eventuality that you lose the return address sticker, this is the address you need to send the package to the address (in Malta) sent to you via email.

1. 1. • Remember that returns can only be effected within 21 days of receipt.
      • Remember that all shipping costs for returns are to be effected by you.
      • Obagi.com.mt does not accept any responsibility for products lost or damaged during shipment
      • We strongly recommend that returns are sent via traceable mail which protects you in the eventuality that the shipment is damaged or lost in transit, while also allowing you to trace the package.

            Receiving a refund, replacement or store credit

1. • Once we have received the products and can confirm that they are unopened, sealed and in the exact same form as we sent them to you, these will be refunded, replaced of given a store credit, as you specified in the returns form.
   • If you request a refund this will be processed to the original purchaser’s credit card.
   • The amount refunded will NOT include shipping and handling costs, if any.
   • Vat will be refunded to all orders sent to an EU destination.
   • Taxes etc have to be paid from outside the EU.
   • Returns can take up to 2 weeks to process.
   • If there is any additional money to be paid for the exchange item obagi.com.mt will contact you

Discount Codes & Marketing Promotions: Only 1 discount can be used at any one time. Unless otherwise stated all delivery charges will be excluded from the discount.

9. Pricing and Availability: Whilst we try and ensure that all details, descriptions and prices which appear on obagi.com.mt are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. All prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

The customer is entirely responsible for any import duties and liable for any breeches of laws and regulations in the country of delivery.

10. Payment: Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

11. The Products: For all customers: By placing an order you are confirming that you will comply with all the instructions for use to be found on the user instructions supplied by the Products or as otherwise directed by a physician and you know of no reason why the Product you are ordering would not be appropriate for you. 

12. Disclaimer of Liability: The material displayed on obagi.com.mt is provided without any guarantees, conditions or warranties as to its accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Unless expressly stated to the contrary to the fullest extent permitted by law, the Company and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the other linked websites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, by statute or otherwise. This does not affect the Company’s liability for death or personal injury arising from its gross negligence, nor for fraudulent misrepresentation or any other liability which cannot be excluded or limited under the applicable law.

13. Linking to obagi.com.mt You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

14. Other websites: This Website also contains links to other third party websites, which are not operated by us. These links are provided for your reference and convenience. We have no control over these sites and accept no responsibility for them, any of their practices or for any loss or damage that may arise from your use of them. Your use of such third party sites will be subject to the terms of use and service contained within each such website. We urge you to review the privacy policy and terms and conditions posted on any site you visit before using the site or providing any personal data about yourself.

15. Disclaimer as to ownership of third party trade marks and third party copyright: Except where expressly stated to the contrary all third party trade marks and images of third party products appearing on obagi.com.mt are in no way associated, linked or affiliated with the Company and you should not rely on the existence of such a connection or affiliation. Where a trade mark or brand name is referred to, it is used solely to describe or identify the Products and is in no way an assertion that such Products are endorsed by or connected to the Company.

16. Indemnity: You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Conditions.

17. Complaints: Please let us know if you have any complaints or comments by sending us an email on [email protected].

18. Losses: We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss incurred by you as a result of this Website. We do not limit in any way our liability by law for death or personal injury caused from our gross negligence or willful misconduct.

19. Risk and Passing of Ownership to Customer: The full ownership of the Products you order will pass to you on delivery of the Products subject to us having received the full payment for those Products The Products will be held at your risk from the time of delivery

20. Transfer of Rights and Obligations: This is an agreement between you and the Company. You may not transfer, assign or charge any of the rights and obligations that you undertake without our prior written consent. However, we may transfer, assign or charge any of our rights and obligations without any notice or further liability to you.

21. Alteration of Service or Amendments to the Conditions: We reserve the right to make changes to our Website, policies, and these Conditions at any time. You will be subject to the Conditions in force at the time that you use the Website or that you order Products from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you).

22. Saving Clause: If any of these Conditions should be or become invalid or unenforceable, in whole or in part, the validity of the remainder of the Conditions shall not be affected thereby.

23. Events beyond our reasonable control: We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

24. Non-Waiver: Failure by us to insist upon strict compliance with any of the Conditions shall not be construed as a waiver or release of our rights to insist upon such compliance and no custom or practice hereto in conflict with the Conditions hereof shall constitute a waiver of our right to demand strict compliance with these Conditions.

25. Entire Agreement: These Conditions and any amendments thereto constitute the entire agreement between you and the Company and supersede any negotiations, oral or written commitments, representations, undertakings or promises not contained herein between you and the Company.

26.Governing law and jurisdiction: These conditions are governed by and construed in accordance with the laws of Malta, and you agree to submit to the non-exclusive jurisdiction of the courts in Malta.

Obagi.com.mt is operated by Class Medical Ltd, a limited liability company in Malta. Company Registration: C85110, VAT Registration Number :MT 2497731. Registered Office: CLASS MEDICAL LTD, UBT 13/14 Industrial Estate, San Gwann, Malta.

Thank you for visiting Obagi.com.mt