return and refund policy & terms and conditions

Terms and Conditions of Sale

1. Preamble

1.1. These terms and conditions of sale (“Terms and Conditions”) apply to all purchases

made by customers (“Customer(s)”) on our webshop www.BeautyPhi.shop.com (‘“the

Site”) The webshop is owned and operated by BeautyPhi Ltd, company number

15104624, 63-66 Hatton Garden, London, United Kingdom, EC1N 8LE (further on

referred to as “BeautyPhi”, "we", "us", "our").

1.2. The further access and usage of the Site will be considered as an acceptance of the

Terms of Conditions. If you do not accept the Terms of Conditions, do not use the Site

further. BeautyPhi reserves the right to change, modify, add or remove portions of

these Terms of Conditions, at any time. It is your responsibility to check these Terms

of Conditions periodically for changes. Your continued use of the Site following the

posting of changes will mean that you accept and agree to the changes.

1.3. All products sold by us through our webshop are covered by these Terms and

Conditions, including but not limited to cosmetics, medical devices, pharmaceuticals,

parapharmaceuticals and disposables ("Product(s)").

1.4. We only sell Products to doctors, aesthetic clinics, hospitals and wholesalers. We do

not accept orders from private persons.

1.5. We advise you to thoroughly read through our Terms and Conditions before shopping

on the Site.

1.6. Please note that these terms and conditions of use regulate the use of the Site only

and are not a substitute for any customer agreement that you enter into with

BeautyPhi.

2. Cookies

2.1. We employ the use of cookies. By accessing the Site, you agreed to use cookies in

agreement with our Privacy Policy.

2.2. Most interactive websites use cookies to let us retrieve the user’s details for each

visit. Cookies are used by our website to enable the functionality of certain areas to

make it easier for people visiting our website. Some of our affiliate/advertising

partners may also use cookies

3. Orders

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3.1. Customers may place online orders 24 hours a day on our webshop. We will process

the order as quickly as possible and usually within 48 working hours from receipt of

the order.

3.2. After an order has been placed, the Customer will receive an initial order overview by

e-mail. Please note that this order overview is not an order confirmation and that the

Customer’s order is not binding upon us at that time.

3.3. A binding agreement is made between the Customer and BeautyPhi when the

Customer receives an email with the shipment notification, invoice and packing slip

(“Order Confirmation”).

3.4. When the Customer places a purchase order on the webshop, the purchase order is

binding for the Customer.

4. Availability of Products

4.1. Although we endeavor to ensure the availability of the Products shown on the Site,

we cannot guarantee that all of the Products will be in stock. If we are unable to

process or execute the order, we will either (i) offer the Customer an equivalent

Product in terms of quality and price which the Customer may decide to accept or

reject, or (ii) notify the Customer that we are unable to fulfill the order.

4.2. If the Customer rejects our offer of an alternative Product or in the event we are

unable to fulfill the order, we shall have no further liability to the Customer, unless we

have already received full payment for the Product(s), in which case we will refund

the payment for the relevant Product(s). These are the sole remedies available for

the Customer in case we are unable to fulfill the order due to lack of product

availability.

5. Customer information

5.1. It is the Customer’s responsibility to ensure that all information necessary for the

completion of the order and delivery, including but not limited to VAT number (if

applicable), provided by the Customer is correct.

5.2. As part of the ordering process, all customers must enter into a customer agreement

in order to establish your customer account. For this purpose, BeautyPhi requires

filled account opening form by the customer. BeautyPhi reserves the right to decide

the content of the account opening form and the right to change it at any time.

6. Delivery and delay

6.1. Orders will ordinarily be shipped the following business day after receiving payment.

Approximate delivery time is 3-5 business days which varies from the warehouse

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location and the delivery company. BeautyPhi is not responsible for delivery delays

which are caused by the delivery company, import procedures, and the customer

himself.

6.2. Products which are not in stock will upon confirmation be ready for shipment normally

within 3-6 working days.

6.3. The maximum delivery time is 60 days of the date of the order. Normally delivery will

take around 1-3 working days in Europe.

6.4. If the order is delayed more than 6 working days from confirmation, we will notify the

Customer hereof. The Customer’s sole and exclusive remedy in case of delay (for

more than 6 working days) is a credit or repayment of the purchase sum (if paid), at

the discretion of BeautyPhi.

6.5. BeautyPhi is not responsible for errors in delivery in situations where the delivery

address provided by the Customer is wrong, impossible to deliver to or where the

Customer has made changes to the information provided during the transit of the

Products.

6.6. It is not possible to pick-up orders at any of our affiliated locations.

6.7. BeautyPhi provides a great customer packaging experience. Some products require

special packaging which is provided by BeautyPhi. Due to the nature of the product,

BeautyPhi is not responsible for the product quality caused by a delivery delay which

was not caused by BeautyPhi itself. BeautyPhi does not accept returns of specific

products because they lose their important qualities.

7. Return policy

7.1. Due to the nature of the Products we do not have a return policy.

7.2. For returns due to the unfortunate event of a defect of the Product please see section

11 in these Terms and Conditons.

8. Price and payment

8.1. The price of any Products will be as quoted on our webshop from time to time, except

in cases of obvious errors, i.e. when it is or should be evident that the price is not

correct. All prices displayed on our webshop are exclusive VAT, any domestic taxes

and duties and delivery costs. The delivery costs will be added to the total amount.

8.2. Prices are liable to change at any time, but changes will not affect orders in respect of

which we have already sent the Customer an Order Confirmation.

8.3. Our Site contains a large number of Products and it is always possible that, despite

our best efforts, some of the Products listed in the webshop may be incorrectly

priced. We will normally verify prices as part of our dispatch procedures so that,

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where a Product's correct price is less than our stated price, we will charge the lower

amount when dispatching the Product to the Customer. If a Product ́s correct price is

higher than the price stated in the webshop, we will normally, at our discretion, either

contact the Customer for instructions before dispatching the Product, or reject the

Customer’s order and notify the Customer of such rejection.

8.4. We are under no obligation to provide the Product to the Customer at the incorrect

(lower) price, even after we have sent the Customer an Order Confirmation, if the

pricing error is obvious and unmistakable and could have reasonably been

recognized by the Customer as a mispricing.

8.5. Payment for all Products must be made prior to the processing od the order. We are

under no obligation to deliver the Products until we have received correct and full

payment from the Customer.

8.6. No business is conducted with EU based customers unless they carry a valid VAT

number. All prices on the Site are shown in the currency EURO.

8.7. For all international orders paid with a company credit card or credit card issued

outside the EU, an extra fee will be charged. Please see the fee in the check out

process. Certain banks can have separate credit card fee and we advise Customers

to contact their own bank for answers on this matter.

8.8. In case you want to pay with TT direct via bank, we kindly ask you to contact us

directly for bank details on email. Please note that a handling fee will be added to the

invoice.

8.9. Customers paying by credit card are subject to validation checks. We reserve the

right to delay or cancel any order if fraud is suspected.

9. Customs, Duties, Taxes and other payments

9.1. When ordering from the Site, you’re responsible for assuring the product can be

lawfully imported to the destination. The recipient is the importer of record and must

comply with all laws and regulations of the destination. Orders may be subject to

import taxes, customs duties, and fees levied by the destination country.

9.2. The recipient of an international shipment may be subject to such import taxes,

customs duties, and fees, which are levied once a shipment reaches the recipient’s

country. Additional charges for customs clearance must be fulfilled by the recipient;

BeautyPhi has no control over these charges.

10. Compliance with applicable laws and regulations

10.1. BeautyPhi acts as an international wholesaler. Except as specified in these Terms

and Conditions, we do not assume any liability for compliance with legislation

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applicable to the Customers or the Products in jurisdictions in which the Customers

are established or conducts business.

10.2. By accepting these Terms and Conditions, the Customer proactively takes the

responsibility of being in compliance with and strictly follow current international and

local legislation in force for all handling of the Products.

10.3. The Customer warrants that it will obtain and maintain all permits, licenses and

authorisations, and make all required notifications to relevant authorities, necessary

for the import, marketing and distribution of the Products, including for reviewing and

approving all product packages, labels and product information (e.g. the summary of

product characteristics and the package leaflet) to ensure compliance with applicable

laws and regulations.

10.4. The Customer warrants that it will be responsible for all post marketing obligations (if

any), including marketsurveillance activities, such as reporting of substantial changes

to the product specifications and quality systems, reporting of adverse events,

handling of complaints, customer notifications and recalls.

10.5. The Customer warrants that any handling obligations or selling restrictions attached

to the Products (following from e.g. these Terms and Conditions, the product package

or applicable laws and regulations) as to further resale or import of the Products will

be complied with, and that the Customer will impose such restrictions on any

subsequent customer of the Products.

11. Defects

11.1. Except as expressly stated in these Terms and Conditions, BeautyPhi makes no

representation, statement of fact, promise or warranty of any kind or nature, express

or implied, with respect to the Product or its merchantability or fitness for a particular

purpose.

11.2. Products delivered by BeautyPhi are deemed to be free of any defects and approved

by the Customer, if defects are not reported in writing to BeautyPhi as soon as they

are discovered, and in no event later than 3 days after receipt of the Products by the

Customer. The notification to BeautyPhi must include a full and complete description

of the complaint and any action taken in response to the complaint by the Customer.

11.3. The Customer warrants that the Customer, and if the Customer is not entitled to do

so, then any subsequent customer who is entitled thereto, will perform an appropriate

inspection of the Products delivered by BeautyPhi immediately on delivery of the

Products.

11.4. In the case of justified and properly notified complaints, BeautyPhi is only be

obligated, at its discretion, to reduce the price, repair the defect, replace the Products

or take them back and refund the purchase price. These are the sole remedies

available for the Customer.

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11.5. BeautyPhi will not reimburse the Customer for any transportation costs, handling

fees, taxes, duties, processing fees or other fees incurred in connection with the

return of the Products.

11.6. Your refund will be issued to the original credit card used to place the order. Shipping

costs are not refunded. Please note that refunds can take up to 29 working days to

show on your account due to varying processing times between payment providers.

Contact your bank if you need to speed up the process.

11.7. Products, which BeautyPhi consents or directs in writing to be returned, shall be

returned by the Customer to BeautyPhi or such other destination directed by

BeautyPhi. BeautyPhi shall decide means of transportation (e.g. by ship, air, truck)

and forwarding agent in each case. BeautyPhi is not responsible for any damage on

the Products during return shipment.

12. Liability

12.1. BeautyPhi is liable in accordance with the ordinary rules of Swedish law with the

limitations and exclusions set out in these Terms and Conditions.

12.2. BeautyPhi is not liable to the Customer for damages for any indirect losses or claims,

including but not limited to claims for damages not pertaining to the Products, loss of

profit, loss of production, loss of goodwill, operating losses or any other indirect

losses.

12.3. BeautyPhi' total aggregated liability for any and all claims including damages and/or

refund of purchase price is limited to an amount equal to the purchase price paid for

the Products to which the claims relate. The aforesaid monetary limitation applies

irrespective of the basis of the liability and will to the widest extent possible include

claims based on acts of negligence (whether ordinary or gross negligence), strict

liability, product liability, etc.

12.4. Any claims, including claims for breach, remediation of defects and delays, will be

barred and obsolete 3 months following delivery of the Products, irrespective of

whether the Customer was or should have been aware of the existence of the claim.

13. Third party rights

13.1. The parties agree that BeautyPhi assumes no liability for the Products’ possible

infringement of any intellectual property rights of third parties.

13.2. In the event that the Customer receives notice or is otherwise informed of any claim,

suit or demand on account of any alleged infringement of intellectual property rights

of third parties relating to the Products, the Customer must promptly notify BeautyPhi

thereof.

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14. Product liability

14.1. BeautyPhi is not liable for bodily injury or damage to other products caused by the

Products, except to the extent such liability cannot be excluded under applicable

mandatory law.

14.2. BeautyPhi is in no event liable for damage to property caused by the Products after

delivery has taken place and/or whilst the Products are in the possession of the

Customer, including but not limited to damage to products manufactured by the

Customer or to products of which the Customer’s products form a part.

14.3. BeautyPhi’ liability will in no event exceed the purchase sum for the Products giving

rise to the claim per year, except in relation to personal injury.

14.4. If BeautyPhi incurs product liability towards a third party that the Customer is rightfully

liable for, the Customer shall indemnify BeautyPhi if and to the same extent as the

liability of BeautyPhi is limited in accordance with this clause 12, i.e. including but not

limited to situations where BeautyPhi is held liable towards the third party although no

failure or negligence by BeautyPhi is proven or where such failure or negligence by

BeautyPhi is proven, but the damages to be paid by BeautyPhi to the third party

exceeds the sum mentioned above.

14.5. BeautyPhi is entitled to file a claim against the Customer at the same venue as a

third party has filed a claim against BeautyPhi in relation to a dispute concerning

product liability arising from the Products in relation to a third party.

15. Adverse event reporting and recall

15.1. The Customer must within 5 days from the time when information on an adverse

event became or should have becomethe Customer's knowledge provide any

available information thereon to BeautyPhi. In this respect, an adverse event means

(i) any malfunction, failure, defect or deterioration in the characteristics and/or

performance of a Product, as well as any inadequacy in the labelling or the

instructions for use which, directly or indirectly, has, might lead to or might have led to

the death of a patient or user or of other persons or to a serious deterioration in their

state of health and (ii) any technical or medical reason in relation to the

characteristics or performance of a product leading to systematic recall of Products of

the same type by the Customer.

15.2. If the Customer becomes aware of any other information regarding the Products,

including possible infringement of intellectual property rights, that the Customer

believes is reasonably likely to be of importance to BeautyPhi, the Customer must

immediately notify BeautyPhi.

15.3. BeautyPhi will notify the Customer immediately in the event of BeautyPhi' knowledge

about a product recall and will provide instructions on how to assist in returning all

affected products. BeautyPhi may determine the recall measures required from the

Customer on a recall-by-recall basis, and the Customer must comply with such

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measures unless such instructions are in violation of laws and regulations applicable

to the Customer. Without further instruction, the Customer must provide to BeautyPhi

any available documentation on seizure notices from public agencies and recall

notices sent to the Customer's subsequent customers. The Customer bears its own

cost in connection with recalls of the Products. The Customer provides all reasonable

assistance requested by BeautyPhi in the conduct of a recall.

16. Provided Information

16.1. Any information provided on the Site is only for informational purposes and should

not be considered as a specific advice.

16.2. Please always ensure that you have consulted a medical doctor for medical advice,

diagnosis, and treatment – no information on the Site should be relied on for this

purpose. BeautyPhi can make changes to any products or services offered on the

Site, or to the applicable prices for any such products or services, at any time.

17. Accounts, Passwords, and Security

17.1. Each Customer is entirely responsible for maintaining the confidentiality of the

information you hold for your account, including your password, and for any and all

activity that occurs under your account as a result of your failing to keep this

information secure and confidential.

17.2. You agree to notify BeautyPhi immediately of any unauthorized use of your account

or password, or any other breach of security.

18. Intellectual Property

18.1. All trademarks and content of the Site are used under license by BeautyPhi and may

not be copied or reproduced in any manner, in whole or in part.

19. Links

19.1. BeautyPhi may provide links to other third-party websites and is not responsible for

the content, accuracy or opinions expressed on such third-party websites, and such

websites are not investigated, monitored or checked for accuracy or completeness by

us.

19.2. The inclusion of any linked web site on the Site does not imply approval or

endorsement of the linked websites by us. If you decide to leave the Site and access

these third-party sites, you do so at your own risk.

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20. Termination of Customer Account

20.1. BeautyPhi reserves the right to terminate your customer account.

21. Extraordinaty circumstances

21.1. BeautyPhi is not liable for any loss or damage caused by delay in the performance or

non-performance of any of its obligations under these Terms and Conditions due to

extraordinary circumstances outside the reasonable control of BeautyPhi.

22. Governing law and venue

22.1. These Terms and Conditions, including disputes regarding their existence or validity,

are governed by Swedish law, irrespective of any conflict of laws rules, which could

otherwise result in the application of the laws of another jurisdiction to the dispute,

and excluding any international private law rules such as the United Nations

Convention on Contracts for the International Sale of Goods (CISG).

22.2. Any dispute arising out of, or in connection, with this these Terms and Conditions,

including disputes regarding their existence or validity, must be settled by the ordinary

Swedish courts, and before the district court of Malmö as the court of first instance.

22.3. Notwithstanding the above, BeautyPhi will always be entitled to initiate legal

proceedings at the home jurisdiction of the Customer.

23. Severability

23.1. Should any provision set out in the Terms of Use be determined to be invalid or

unenforceable in any jurisdiction, such provision shall, as to that jurisdiction, be

ineffective only to the extent of such invalidity or unenforceability and shall be

severed from the balance of this document without invalidating or affecting the

remaining provisions, which remaining provisions shall continue in full force and

effect.

24. Disclaimer

24.1. The Site is available on an “as-is, as-available” basis, and BeautyPhi does not

promise that the Site or any of its content, service or feature will be error-free or

uninterrupted or that any defects will be corrected or that the use of the Site will

provide special results. All information on the Site can be changed without notice.

24.2. BeautyPhi takes reasonable steps to protect the Site and to be able to process your

requests through your customer account, and/or through our toll-free telephone

number and toll-free facsimile number. BeautyPhi makes no representations or

warranties, express or implied, with respect to the Site, and without limitation,

disclaims the implied warranties of merchantability and fitness for a particular

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purpose, usefulness, non-infringement, completeness, accuracy, and reliability. All

risks associated with the use of the Site shall be borne by you exclusively.

24.3. In no event will BeautyPhi be liable for any direct, indirect, incidental or consequential

damages arising out of the use or inability to use the site, for interrupted service, or

for damage that occurs to computer systems and otherwise through the use of the site.