TERMS & CONDITIONS


Our Agreement

These terms and conditions (the "Terms") are the terms which apply when you access the website http:/www.phytomer.co.uk or place orders to purchase any of the products made available to you on the Website. Any reference to "we"/"us"/"our"/PHYTOMER” in these Terms is a reference to PHYTOMER UK.

Any reference to "you"/"your" means you, the user of the Website.

By accessing this Website or when you place orders to purchase any of the products on the Website you agree to be bound by these Terms.

We recommend that you keep a copy of these Terms for future reference.

If you have any questions, complaints or comments on this Website please contact us. To find all the ways to contact us please .


Information about Us

  •          We are Australian Bodycare UK Ltd, trading as PHYTOMER UK a company registered in the United Kingdom, under registration number 02346382 and our registered address is Australian Bodycare UK Ltd, Bodycare House, Sham Farm Business Units, Eridge Green Tunbridge Wells, Kent TN3 9JA


We are an official UK distributor for PHYTOMER products in the UK and all the products offered by us for sale on this Website are genuine.


Changes to Terms

We reserve the right to change or modify these Terms including for legal, regulatory or security reasons at any time. Whilst we will flag changes on the Website and/or send emails in relation to major changes, it is your responsibility to check the Terms for changes. If you do not agree to any of the Terms then you can simply stop using the Website at any time. If you have any questions, concerns, or comments about our Terms please contact us. To find all the ways to contact us please 


The ordering process and order confirmation

Your order via our online purchase order form constitutes an offer to us to buy the products you select from the Website. All orders are subject to availability and to acceptance by us. We reserve the right to refuse to accept an order. All communications will be addressed to the email address you supply when you register.

By placing an order for the delivery of goods via this Website:

  •          You are making an offer to PHYTOMER to deliver the goods described in your order upon the terms described in your order.  If you do not wish to contract PHYTOMER, you can alternatively collect your goods from a local salon.


You may select items from our range of products, details of which will be added to the "Shopping Bag" by clicking on the "Add to Cart" button.  Before placing an order you can view and amend your order details at any time by clicking on the "Shopping Cart icon".

By clicking on "Pay by Card" (or equivalent button for other payment methods) at Checkout, you submit an offer to buy the goods in the Shopping Bag.

Once you have placed an order for goods (and delivery if applicable) you will receive a confirmation that your order has been received Please note that this does not constitute acceptance by us of the order. 

You will automatically be sent an email confirming receipt of your order (the "Confirmation Email") with a summary of the details of your order, which we recommend you print out and keep for your own records. The Confirmation Email does not constitute our acceptance of your order; it merely records the fact that PHYTOMER has received your order. Please check that all details in the Confirmation Email are correct. If not, or if you do not receive a Confirmation Email please contact our Customer Care Team. To find all the ways to contact us please see below

PHYTOMER will send a second email when we despatch your goods which shall constitute our acceptance of your order (the "Acceptance Email") at which point a binding contract of sale for products will be concluded between you and us .

We will retain a record of all orders accepted by us. You can find details about your recent orders by logging into your Account via the “Myaccount link


Resale of a product

You may not sell or resell any of the products or services, or any samples that you may receive from us.


Registering for a personal account

To make it easier for you to order products using the Website, we ask you to register for a personal account. Any personal data that you provide us with during the registration process will be stored in our database and may not need to be re-entered with each new order.

You will need to supply us via the online registration form with certain information including: your name, gender, age range, password, billing address and, where applicable, different delivery address. Once you click on the "Next Step" button this information will be stored in our customer database. You can access, update or correct your personal account details via the "MyAccount" section of the Website. We will only use the stored data in accordance with our Privacy Policy which can be accessed.

You are responsible for maintaining the confidentiality of your password and user name and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website and will not be responsible for losses suffered by you where your password or user name is used by someone else unless this is due to our negligence. You agree to notify us immediately if you become aware or suspect any unauthorised use of your password or username. To find all the ways to contact us please


Your use of the Website

By accepting the Terms you confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times.

You agree that in using the Website you will not: (i) use the Website in any way that causes, or is likely to cause the site or access to the site to be interrupted, damaged, or impaired in any way; (ii) use the Website for any purpose that could damage the name of PHYTOMER or Australian Bodycare UK Ltd  or any goodwill attached to the Website; (iii) use the Website for criminal, fraudulent or illegal activity or in any manner which would cause harm or distress to any third party; (iv) access or attempt to access the accounts of other users or attempt to penetrate the Website security measures; nor (v) use the Website for any purpose other than your personal use.

We reserve the right to suspend, restrict or terminate your access to the Website at any time without notice if we have reasonable grounds to believe that you have breached any of these restrictions or if we suspect fraudulent account activity or behaviour. This shall not limit our right to take any other action against you that we consider appropriate.


Prices, Delivery Charges and Payment

The price of a product shall be as stated on this Website at the time you place your order except in the case of obvious error. We try and ensure that all prices on our Website are accurate but errors may occur. If we discover an error in the price of a product you have ordered, we will not be liable to supply that item to you at the stated price, provided that we notify you before we despatch the item to you. In those circumstances, we will inform you of the correct price as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel no payment will be taken; or if payment has already been taken, it will be refunded.

We offer ‘free delivery’ on all orders over a set threshold. The UK threshold is £45 The delivery threshold applies to all orders

The available methods of payments are displayed on the Website at checkout. Payment will be debited from your account at the point you confirm your order.

You confirm that the payment credentials being used are yours. Your payment credentials will be subject to validation checks and authorisation by our payment processing provider.

Fraudulent payment credentials will be reported to the relevant authorities. If the issuer of your payment credentials refuses to authorise payment we will not accept your order and PHYTOMER will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

We are not responsible for your payment credentials issuer charging you as a result of our processing of your payment in accordance with your order.


Promotion Codes

From time to time we issue Promotion Codes. We have a Promotion Code box situated at the "Basket" page where codes can be entered. You must take care when entering codes as they are case and space sensitive. You may only redeem one code at a time so we advise you to choose the promotion best suited to your purchase.


Delivery and Ownership

PHYTOMER we will endeavour to despatch the product to you within one working day of you placing your order and in any event within 4 working days beginning on the day after you place your order.

If we are unable to despatch the product within that time we will email to let you know and to give you an estimated delivery date. In these circumstances we will offer you the opportunity to cancel the order and receive a full refund.

You are only responsible for the product when it is delivered to you.

We want you to be happy with your purchase from us. If you are unhappy with the product in any way (for example if there is obvious damage to the item from transport or packaging damaged during transport) please contact our Customer Care Team as soon as possible.


Cancellation, returns and refunds

You have certain rights under the law. These include:

  •          that any products supplied by us will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Website;
  •          certain remedies if a product is defective; and
  •          a right to cancel your order within 28 working days, beginning the day after the day on which You receive the product, and to receive a full refund, even if the product is not defective. This right is subject to certain conditions and exceptions (see "Return of non-faulty goods" below).
  •          Cancellation can be communicated by email.  



Return of non-faulty goods

We hope you will be happy with your purchase from us. If not, you have the right to return the product to us and receive a full refund provided:

  •          you notify us in writing that you are cancelling your purchase no later than the 28 working days after the day on which you received your product;
  •          you have taken reasonable care of the product prior to return - in particular this means they must not have been damaged;
  •          you may give us notice of cancellation by any written means (including email, fax or letter).


Please return the Product in suitable packaging to ensure it reaches us in good condition.

We will refund the purchase price of any goods returned no later than 28 days from the day when you give us notice of cancellation.

Please note that if you fail to take reasonable care of returned products, or fail to return the product to us, we will be entitled to make a claim against you for any losses which we suffer.


Our Legal obligations and our Limitation on Liability

For orders fulfilled by PHYTOMER we accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.

You have certain rights under the law. These include that any products supplied by us will be of satisfactory quality and fit for their intended purpose. Nothing in these Terms is intended to affect these statutory rights. For more information about your statutory rights contact your local Citizens Advice Bureau or Trading Standards Office.

If we breach these Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the purchase price of your order. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this agreement.

Information provided about the products is intended to be used for educational or informational purposes only. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. Please consult with your own doctor or health care practitioner regarding the suggestions and recommendations made on the Website.

With current technology it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the internet. We provide no guarantee for the constant and uninterrupted availability of the Website.

We are not responsible for:

  •          Losses not caused by our breach;
  •          Indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into this agreement, for example loss of profits or loss of opportunity;
  •          Failure to provide the Website or to meet any of our obligations under this agreement where such failure is due to Events Beyond Our Control
  •          Loss of revenue
  •          Loss of business 

"Events Beyond Our Control" means any cause beyond our reasonable control which prevents us from providing the Website or fulfilling any of our other obligations under this agreement and includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God


Copyright and Other Intellectual Property Rights

Your use of the Website grants no rights to you in relation to copyright, design rights, trade marks or other of our intellectual property rights (or the intellectual property rights of third parties).

We provide the Website to you solely for your personal, non-commercial use. You may electronically copy and print only those areas of the Website which are required in the process of using the Website as a shopping resource. The content of the Website may not be used for any other purpose without our express written permission.


General

We will do our best to resolve any disputes over these Terms. If you wish to take court proceedings against us you must do so within the United Kingdom. Relevant United Kingdom law will apply.

If any of these Terms are found to be invalid by any court or regulator, the other Terms shall continue to apply.

Please let us know if you have any questions or complaints regarding the Website.

How can I contact you?

Our Customer Service Team is available Monday - Friday: 8.30am – 5.30pm UK

Please note that we are closed from Christmas Eve until the first working day after New Years Day.

Please feel free to contact us using your preferred method of communication where our team will be happy to help.

 

Web-form:

Complete our simple web-form. We hope to respond to you within less than 8 working hours, however in times of high demand responses can take up to 3 days. 


Email:

Please email fiona@australianbodycare.co.uk where we hope to respond to you within less than 8 working hours, however in times of high demand responses can take up to 3 days.


Telephone:

If you have any service related queries or would like to place an order, you can call us using the  contact number below:

Customer Service Number: 01892 750850


Letter:

If you would like to send us a letter, please send to

PHYTOMER UK, Bodycare House, Sham Farm Business Units, Eridge Green, Tunbridge Wells, Kent, TN3 9JA