Terms & Conditions

1- General Terms

The site www.phyto-lab.com (hereinafter referred to as the "Site") is an e-commerce site accessible via the Internet network at the address www.phyto-lab.com. It is open to any user of the network (hereinafter referred to as “User”). It is published by the company Phyto Laboratory (hereinafter referred to as the Vendor), a company incorporated in Hong Kong under company number 64394651, Rm 702, Kowloon Bldg, 555 Nathan Rd, Kowloon, Hong Kong.

The Site enables the Vendor to offer cosmetic products (the “Products”) for sale to Users browsing on the Site. Under these General Terms of Sale, it is agreed that the User and Vendor shall be jointly referred to as the “Parties”, and individually as a “Party” and that a User who has confirmed an order shall then be referred to as the "Customer".

The rights and obligations of the User shall automatically apply to the Customer.
Any order by the Customer of Products offered on the Site confirms express acceptance of these General Terms of Sale.
The User may not modify but may make a backup copy or print these General Terms of Sale.
The Vendor reserves the right to change these General Terms of Sale without notice and at any time, with any modifications not applying to reservations and orders already accepted and confirmed by the Customer.

These General Terms shall apply to the exclusion of any other document.

2- Limited Licenses; Use Restrictions

This Site is provided solely for the use of current and future customers of the Company to provide you with information about the Company, to permit you to place orders for our products and services and to enable you to contact us with any questions or comments that you may have. Any other use of this Site is prohibited. By way of example and illustration only and without limitation, you should not use on any medium any features of this Site that permit communications or postings to post, transmit, display, or otherwise communicate:

(i) any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
(ii) any advertisement, solicitation, spam, chain letter, or other similar types of information;
(iii) any encouragement of illegal activity;
(iv) directly or indirectly through any third party any use unauthorized by any data subject or customer or any disclosure of private, personally identifiable information of others including but always without limitation any doxxing involving the use or disclosure of any personal data of any party or otherwise in breach of any application law;
(v) any link to any third party site; or
(vi) any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other rights to do so.

3- Registration and account security

To register with the Site, the User must be :-

(i) over eighteen (18) years of age; and

(ii) capable of entering into legally binding contracts.

The User is required to register before placing any order through the Site. During the registration :-

(i) the User must provide the Vendor with accurate, complete and up to date registration information; and

(ii) the User authorises the Vendor to assume that any person using the Site with the User’s username and password is either the

User or is authorised to act by the User.

The User is responsible for safeguarding his/her username and password that he/she uses to purchase the Products and for any activities or actions under his/her password. The Vendor cannot and will not be liable for any loss or damage arising from the User’s failure to comply with the above requirements.

The Vendor has the absolute discretion to refuse registration of a User and to terminate the registration of any Customer for any reason whatsoever.

The User must inform the Vendor’s Customer Services at info@phyto-lab.com, or self-update the User’s information inwww.phyto-lab.com, immediately of any changes to the profile information that the User provided so that the Vendor can communicate effectively with the User.

The User shall be liable for every order made under login and agrees to indemnify the Vendor for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders through the Site using the User’s login.

Should the User find any unauthorised use of login, he/she shall notify the Vendor immediately.

4- Product sold on the Site

Only the Vendor offers the Products on the Site.

All offers of the Products by the Vendor, including special promotions, are valid for as long as they are visible on the Site.

5- Prices of Product for sale on the Site

All Product prices listed are in Hong Kong Dollars (HKD$) and are invoiced at the price in force when the order is accepted.

The price does not include shipping charges, which are invoiced in addition to the price of the purchased Products, according to the total amount of the order. Shipping charges will be shown before the User confirms the order.

6- Orders

All orders constitute full and unreserved acceptance of these General Terms of Sale.
The Customer accepts that the Vendor's order registration system constitutes evidence of the order and its date.

Each order is limited to 10 Products. In addition, within each order, no more than 5 articles of any single Product may be ordered.

When the order is placed by the Customer by clicking on the “Submit Order” button, the Customer declares that he/she makes the order subject to these General Terms of Sale. A summary of the order can be printed.

Once the order has been registered by the Vendor, a detailed acknowledgement of the order is sent to the Customer at the registered e-mail address of the Customer.

This acknowledgement will specify the exact amount invoiced and details of delivery in response to the order.

This acknowledgement is acceptance of the order and confirms the transaction, subject to availability and order payment always provided that in the event of one or more ordered Products being unavailable, the Customer will be notified by e-mail. In that event, the amount of the order will be recalculated and the Customer will be debited the new amount, with the price of the unavailable Products deducted. If the whole order is unavailable, it shall be cancelled and the Customer will be notified by e-mail and will not be debited.

7- Cancellation

At any time before the Vendor has completed the processing of the order :-

7.1 The Vendor may cancel an order if the Product is not available for any reason or any other reasons which would prevent the fulfilment of the order. The Vendor will notify the Customer in this case.

7.2 The Customer may cancel the order by contacting our Customer Services. However, if Customer Services informs the Customer that the processing of the order has been completed, the Customer cannot cancel and the delivery will be fulfilled.

All such cancellation of orders already paid for by the Customer will be refunded in accordance with the original payment method.

The Vendor does however reserve the right to suspend or cancel any order placed by a Customer with whom a dispute exists regarding the payment of a previous order.

8- Return / Refund

The Customer may return his/her Products and obtain a full refund if the Products in his/her order are damaged or defective upon receipt, or if the Products received are not the Products originally ordered.

Any returned and unused Products purchased on the Site must be returned within 14 days of the shipment date. The returned Product must be unopened and returned in its original packaging, with all the accessories and inserts. If the Products ordered appear damaged, spoiled, or not in good condition, the Customer can contact the Vendor’s Customer Services at (WhatsApp :+852 34932032 or e-mail : info@phyto-lab.com).

If a boxed Beauty Set is being returned, all Products in the Set must be returned and if the Customer’s order contained a Gift with Purchase (“GWP”), the GWP must also be returned. If the GWP is not returned with the original Product, the refund will not be processed.

Products must be returned prepaid. The Vendor is unable to accept C.O.D. deliveries.

Shipping costs are non-refundable.

9- Exchange

The Customer may exchange his or her Products if the Products in his or her order are damaged or faulty upon receipt, or if the Products the Customer have received are not the Products the Customer originally ordered.

Exchange:

When the Customer chooses to exchange damaged or faulty Products or incorrect deliveries, the Vendor will dispatch replacement items to the Customer free of charge provided the Customer first return the Products in his or her order to the Vendor in the condition in which the Customer received them.

10- Instructions for returning

Please attach photos of the returned Products as proof when providing the information. Once the case is accepted for handling by our Customer Services, the Customer is required to send back the Products to the Customer Services for verification
Whatever the reason for returning Products to the Vendor, the Customer shall observe the following instructions in order to facilitate processing of the return:

Contact Customer Services at info@phyto-lab.com for further instructions.

Any risk related to the return of Products is borne by the Customer.

11- Non-Refundable Product

Exchange or refund of a Product will not be made in the following cases:

Any Product which has not been the subject of an order
Products purchased more than 14 days previously
Where the related Products for refund/exchange are not returned by the Customer
Any gifts or trial pack or samples
Product packaging is not intact or is damag
Any Product rejection due to personal preference
In case of dispute, the Vendor reserves the right of final decision.

12- Payments

Payment can be made by credit cards (Visa, Mastercard or American Express) or PayPal. By using and verifying a credit card, the Customer confirms that the card being used is the Customer’s. The amount payable will be debited from the Customer’s account when the Customer’s order is accepted by the Vendor. All credit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the Customer’s credit card refuses to authorise payment to the Vendor, the Vendor shall postpone delivery and contact the Customer. In that case the Vendor shall not be liable for any delay or non-delivery. Credit card details will be processed by means of an SSL (Secured Socket Layer) connection. The Vendor shall not be liable for any misuse of information by third parties.For Alipay payments, payment will be debited immediately when the order is placed. For all other payments, payment will only be debited and cleared from the Customer’s account once the Customer’s order has been accepted and dispatched.

The Vendor accepts payment by American Express, Visa, MasterCard, JCB, and Paypal for purchase via the Site. Under Credit Card Purchase Protection service, e.g. VISA verification service, MasterCard SecureCode, and American Express SafeKey the Customer can enjoy safe and secure shopping by using the Customer’s own credit card with specific password or security code. Credit card used for shopping should be valid and under the Customer’s own name. The Vendor shall not be liable for any credit card fraud. All payment methods require the Customer to pay first before delivery. No “Cash on Delivery” is allowed.

All orders are payable in Hong Kong Dollars.

To provide a secured online commerce transaction, the Vendor employs Internet’s Secure Sockets Layer (SSL) technology. It encrypts the Customer’s personal information, including credit card number, name and address, so that it would not be read when the information travels over the Internet. To check SSL Certificate information, the Customer can right click the www.phyto-lab.com and choose “Properties” & “Certificates”.

The Vendor may from time to time set credit limits for individual Customers and reserves the right to limit sales including the right to decline sales to any Customers.
Full payment in respect of an order must be made upon the placing of the order. If the Customer’s payment cannot be processed, the order will not be accepted and the Customer is advised to contact the card issuer to resolve any problem concerning the use of his/her credit card in order to continue with the order.

The Vendor reserves the right to change the payment terms for any order without prior notice.
The Vendor reserves the right to change the payment mode for Products offered online at any time by announcement via website, email and/or any other means of public communications.

If payment for any order has already been made but the order is not accepted by the Vendor, the Customer will be entitled to a refund via the original payment method. The Vendor shall not be liable with respect to any loss, damage, cost or expense that the Customer or any person may incur as a result of any delay in processing the said refund.

The Customer warrants to the Vendor that he/she has been granted any authorisations required to use his/her chosen method of payment, when making an order.

In the event of non-payment of any amount owed by the Customer, or of any adverse payment circumstances, the Vendor reserves the right to suspend or cancel any order and/or delivery, whatever their nature or state of progress.

Charges on any unpaid amount will be automatically incurred at the legal interest rate plus 5 percent following a period of ten days from the invoice date, or immediately after notification of rejected bank payment for all other means of payment. As part of the measures taken to prevent fraud over the Internet, information concerning the Customer’s order may be sent to any competent authority for verification.

13- Order Delivery

The Products will be delivered to the address provided by the Customer when placing their order according to the available method of delivery selected by the Customer.

Estimated Delivery Date

Upon confirmation of payment, orders will be processed and delivered according to the chosen delivery method, subject to stock availability.

SF-express Standard Delivery: 1 to 5 working days from Monday to Friday
Any estimated delivery date is subject to alteration by virtue of any applicable operational or unpredictable causes such as but not limited to, the hoist of typhoon signal no. 8 or system error. In such event, the vendor will contact the Customer to reschedule the delivery time.

Delivery Charges

Hong Kong SF-express Standard Delivery: Free
Macau SF-express Standard Delivery: Free
China SF-express Standard Delivery: Free
International standard delivery: HKD50

Delivery

· We ship to commercial and residential addresses, as well as SF Lockers. P.O. box and logistics centers are not accepted as delivery address.

· Orders will be delivered to the address provided by customer when placing their order. An order can be delivered to one address only. If customer requires sending orders to multiple addresses, customer needs to place a separate order for each address.

· Delivery is not available to places that cannot be reached directly by transport vehicles, or buildings without a functioning lift to the 3/F or above.

· Please note that all Products will be delivered as scheduled to the best of the Vendor’s ability. The Vendor aims to deliver the Products when there is somebody in the delivery address. The Vendor cannot accept responsibility for Products left outside at the Customer's request.

· Delivery service will be suspended if a typhoon signal No.8 is raised or a black rainstorm warning is in effect. In this event, the Customer will be contacted to re-schedule the delivery time.

· The Vendor reserves the right to charge an additional delivery fee if somebody is not available to accept delivery at the nominated delivery time.

· It is the Customer’s responsibility to notify the Vendor immediately of any change to the Customer’s delivery address. The Vendor reserves the right to decline delivery of Products to any Customer at the Vendor’s sole discretion absolutely.

14- Retention of title

All Products remain the exclusive property of the Vendor until such a time as payment of the sale price, including the principal, extra costs and taxes has been made in full.

15- Liability

Except for cases of special price offers not intended to lower stock levels, the Vendor cannot be held liable for non-fulfilment of orders

due to stock shortages or in the event of Product unavailability due to force majeure.

The Vendor accepts no liability for:

- any interruption to the Site;

- any incidences involving bugs;

- any damage resulting from a fraudulent intrusion by a third party, causing any change to the information made available by the Vendor on the Site;

- more generally, any direct or indirect damage, whatever the cause, origin, nature or consequences, including in particular any loss of profit, customers, data or any other loss of intangible goods that may occur as a result of the access by any person to the Site or the impossibility of accessing the Site or any credit accorded to any information directly or indirectly coming from it.

16- Intellectual property

In accordance with legislation governing the ownership of literary and artistic rights, or other similar rights, this Site and all the elements, brands, drawings, models, photographs, texts, illustrations, logos, sequences whether animated or not and with or without sound, graphics, etc., to be found in the Site, together with their compilation, are the exclusive property of the Vendor, which it does not grant any license or any entitlement other than that of visiting the Site. Any use or reproduction, in whole or in part, of these elements is authorised exclusively for information purposes and only for personal and private use. Any reproduction and any use of copies made for other purposes is expressly prohibited. Neither the Site (in whole or in part), nor its content or brands may be used, reproduced, duplicated, sold, resold, made accessible, modified or exploited in any other way, in whole or in part, for any purpose whatsoever, without prior, written authorisation from the Vendor.
Any other use constitutes infringement.

17- Applicable law

The sales of Products of the Vendor are subject to Hong Kong law.

18- Data processing and Civil liberties

The data collected will be processed for the purpose of sending out a newsletter and/or processing the Customer’s order.

The recipients of the data are the Vendor and its service providers.

The Customer has the right to access, change, correct and delete personal information concerning him/her by contacting the Vendor by email, customer.service@clarins.com.hk.