Section 1: General
By browsing the Phaedra Botanicals website (henceforth the PB website) and/or purchasing something from us and thus engaging in our “Service”, you agree to these collective Terms, which apply to all users of the PB website without exceptions (henceforth Users or Customers). Please, read these Terms carefully before accessing or using the PB website. By accessing or using any part of the PB website, you agree to these Terms.
If you do not agree to the Terms, you may not access the PB website or use any services on the PB website, including the Web-Shop where the latest version of these Terms applies at the time of the Customer’s order. Terms that differ from these regulations cannot be recognised by Phaedra Botanicals unless Phaedra Botanicals confirmed them in writing. These Terms set out the terms between Users, and Phaedra Botanicals, the PB website owner.
Phaedra Botanicals maintains the PB website to enhance public access to information on our activities. Throughout the PB website, the terms “we”, “us”, and “our” refer to Phaedra Botanicals. Your use of the PB website and any services contained within constitutes full acceptance of all Terms.
We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the PB website. It is the responsibility of Users to check the Terms periodically for changes. Users’ continued use of or access to the PB website and the Phaedra Botanicals’ Web-Shop (henceforth Web-Shop) and its Service, following the posting of any changes constitutes the full acceptance of these changes. Any new features or tools added to the PB website or Web-Shop shall also be subject to the Terms and their updates. You can review the most current version of the Terms in their respective section at any time; they are available in an updated version in the footer menu of the PB website.
We reserve the right to restrict or remove User’s access to the PB website where he/she breach these Terms. Such restriction or removal will take place without recourse or explanation to the User where we solely deem it appropriate or necessary.
Section 2: Disclaimer
Phaedra Botanicals accepts no responsibility or liability whatsoever arising out of or in connection with, the use of the PB website. The information that Phaedra Botanicals provides in the PB website is general and is not intended to address the specific circumstances of any particular individual or entity, and does not represent professional or legal advice.
Except for cases of fraud, Phaedra Botanicals shall not be held liable (whether in contract, warranty, tort, or otherwise) for:
⚬ any direct, special, indirect, incidental, punitive, exemplary or consequential damages (including, but not limited to, loss of time, revenues, profits, clients, and data);
⚬ interruption of business, access delays or interruptions to the PB website;
⚬ data non-delivery, mis-delivery, corruption, destruction or other modifications;
⚬ a decision made or action taken by any party in reliance upon the information and data made available on the PB website;
⚬ computer viruses, system failures, or malfunctions, which may occur during Users’ use of the PB website including during hyperlink to or from third-party websites;
⚬ any inaccuracies or omissions in content;
⚬ any interruption of any data, information, or any other aspect of the PB website;
⚬ any fraudulent misuse of the PB website by any User visiting the PB website;
⚬ events beyond our reasonable control.
The PB website and its content and services are presented “as is”. We make no representation or warranties of any kind whatsoever, expressed or implied, in connection with the Terms or the PB website, its contents or Services. We do not guarantee, represent or warrant that the use of the PB website and Web-Shop by the Users will be uninterrupted, timely, secure or error-free. We do not warrant that the results that occur from the use of the PB website and Web-Shop and its Service will be accurate or reliable. Your use of the PB website, Web-Shop and Service is at your own risk. If you are dissatisfied with the PB website and its collective Terms, termination of your use of the PB site is required.
Phaedra Botanicals shall assume no liability for any User-generated content. Although we include strict provisions regarding User-generated content in our collective Terms, we do not control or are liable for what Users post on or through our sites or any offensive, or otherwise objectionable, illegal User-generated content you may encounter on the PB website or our social media.
Section 3: Web-Shop Terms
The Web-Shop of Phaedra Botanicals is intended for adults only. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws discussed below).
We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected. If we are unable to ascertain these details or resolve these issues, a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
Phaedra Botanicals reserves the right to remove the access to the PB website or the Service for indefinite periods for maintenance or to cancel the Web-Shop and Service it provides at any time without notice.
3.1 Realisation of Contract
The presentation of the products in the Web-Shop does not constitute a legally binding offer, instead a non-binding proposal to make an offer. Before submitting the order, the Customer can change the provided data at any time. The customers of Phaedra Botanicals OÜ (henceforth Phaedra Botanicals) can place the products displayed in the web-shop in their basket without obligation by clicking the button [ADD TO CART]. The customers can remove products from the cart at any time. If the customers desire to purchase the product/s in the cart, they can click on the button [CHECKOUT]. There, they must enter certain information required for the purchase and shipping of the product.
Subsequently, they can choose a payment method according to their preference and pay either with a credit card (VISA, MasterCard, American Express) via PayPal, or PayPal. Phaedra Botanicals reserves the right to change the provided payment methods at any time without notification.
After the selection of payment method, the customer will arrive at the [REVIEW ORDER] button on the page that allows them to review the previously-entered information. We recommend that the customers carefully review all the data they entered to prevent any mistakes. Phaedra Botanicals is not responsible for any errors done by the customer (see also Section 3.2 below). The process can be interrupted at any time by closing the browser window. In case of abandoned products in the cart, Phaedra Botanicals might, but is not obliged to send a reminder to the Customer via provided email.
After the review of the data entered by the customer, the customer can complete the order by clicking the button [COMPLETE ORDER]. Purchase payment is due immediately upon completion of the contract. The customer agrees that invoices from Phaedra Botanicals can be transmitted electronically.
The non-binding proposal to make an offer, therefore, becomes binding when Customer submits an order. By clicking the [Complete Order], [Pay with PayPal] or [Pay with a Credit Card] buttons and subsequently proceeding and submitting the order with the [PAY NOW] button, the Customer makes a binding order for the goods contained in the basket.
Phaedra Botanicals will subsequently send the confirmation of the receipt of the order via email that does not constitute the acceptance of the request. The agreement is confirmed only with the declaration of acceptance by Phaedra Botanicals sent by a separate email (order confirmation email stating: Your order is on the way). The processing of an order can be cancelled or corrected by us at any time up to the shipment of that order and the related ordered products.
3.2 Customer’s responsibility
It is critical that Customers always check that the contact information they provide is correct before creating a Customer’s account or proceeding to the payment. Customers are responsible for maintaining their own username (email) and password required to access their Customers’ account, and for updating their contact information if it changes. They may not use any false information, pretend to be someone other than themselves, or otherwise mislead us or third-parties as to their identity and location. Customers should ensure that they store their account information securely and the details required to access their account are not provided to another party. If they are aware or suspect that their account, username (email), password or other details have become known to a third party, they should inform us immediately via the form on Phaedra Botanical’s Contact us page. Phaedra Botanicals takes no responsibility for any loss of passwords or any misuses of our Customers’ accounts by Customers or another party.
3.3 Product Availability
Certain products or Services may be available exclusively through the PB website. We reserve the right but are not obligated, to:
⚬ limit the sales of our products or Services to any person, geographic region or jurisdiction;
⚬ limit the quantities of any products or Services that we offer;
⚬ change our products descriptions and pricing at any time without notice;
⚬ discontinue any product at any time.
We may exercise these rights on a case-by-case basis. Any offer for any product or Service made available on the PB website is void where prohibited.
Furthermore, Phaedra Botanicals reserves the right to accept orders for certain products up to a maximum amount. If at any time of the order, the products ordered by the Customer are not available, we will inform the Customer. If the product is permanently unavailable, we will refrain from issuing a declaration of acceptance. In this case the contract will not be concluded. An order that has already been paid for by the Customer will be refunded against the card used at the time of purchase.
3.4 Modifications to Service, Prices and Products
Phaedra Botanicals makes every effort to ensure that the product pricing displayed on the PB website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel the Customer’s order or contact the Customer to arrange payment of any extra sum due or refund of any over-payment made by the Customer (as applicable).
All prices displayed are subject to the Value Added Tax (20% VAT) for sales within the EU. If the Customers are ordering a product from outside the EU, the 20% VAT is not charged; however, the Customers are responsible for all customs duties or tariffs incurred in the country to which the product/s is/are shipped (see also Shipping Options and Returns in the footer menu).
Prices for Phaedra Botanicals’ products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) and any products, as well as to change the list of ingredients of Phaedra Botanicals’ products. We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service and our products.
Users acknowledge and agree to use the products of Phaedra Botanicals accordingly with the “Directions for use” provided by Phaedra Botanicals on the PB website and available for reading on the box in which our product/s is/are packaged. Phaedra Botanicals has no liability to any damage and harm resulting from the misuse of our products. The User should read Directions for use before using any of our products and perform a skin allergy test before use.
3.5 Reservation of ownership
The delivered goods remain the property of Phaedra Botanicals until the company receives full payment.
Section 4: Intellectual Property Rights Notice
© Phaedra Botanicals OÜ, 2019 - present
Some of the information on the PB website is subject to the intellectual property of third parties (see in particular Section 4.3).
4.1 Use of the information, documents, and data from the PB website
Subject to the Terms and Conditions, and subject to other binding limitations, provided for under applicable law, the information, documents and data made available on the PB website may be reproduced, distributed and/or used, totally or in part, for non-commercial purposes provided that Phaedra Botanicals is acknowledged as the source: “Source: Phaedra Botanicals, http://phaedra-botanicals.eu". Each copy of the material must have this acknowledgement included.
As a general rule any reproduction, distribution, translation, adaptation, arrangement, alternation and/or any other use of information, documents and data (including, but not limited to texts, photos and videos) from the PB website carried out in the course of commercial activity shall require prior written permission from Phaedra Botanicals. All requests shall be submitted to Phaedra Botanicals via the form on Phaedra Botanicals’ Contact us page.
In addition to the above, specific terms and conditions for other uses of materials protected by Phaedra Botanicals’ intellectual property rights or otherwise may also apply.
4.2 Phaedra Botanicals’ trademarks
Phaedra Botanicals’ trademarks are its exclusive property. Their use is prohibited without Phaedra Botanicals’ prior written permission. Requests should be submitted to Phaedra Botanicals via the form on Phaedra Botanicals’ Contact us page.
4.3 Third parties protected materials
The permission mentioned under section 4.1 does not apply to content provided by third parties, where relevant. Therefore, for material where intellectual property rights are vested in a third party, the User must obtain the necessary permission for the reproduction, distribution or any other use from the right-holder. Phaedra Botanicals is not in a position to allow or deny reproduction, distribution, or use of third party materials.
In addition to the application of Section 4.4, the reproduction, distribution or further use of information, documents and data contained in the PB website may be subject to protection under intellectual property rights, and their utilisation without obtaining the prior permission from the right-holder(s) of the respective information, documents and data might violate the rights of the right-holder(s). Phaedra Botanicals does not accept any responsibility whatsoever, and shall not be help liable, for any copyright or other infringements related to information, documents and data made available via the PB website.
4.4 Download of materials
Certain materials may be made available for download from the PB website, such as promotional codes, documents, photos, product information and other. Subject to the Terms and Conditions of this notice, and in particular Section 4.1, Phaedra Botanicals grants the user permission to download and copy such materials, provided that:
⚬ Phaedra Botanicals is acknowledged as the source: “Source: Phaedra Botanicals, http://phaedra-botanicals.eu"; such acknowledgement appearing in the readable and visible way on the originals and in each copy of the material;
⚬ the User does not do anything that would harm the integrity and context of the material in any way; and
⚬ the User does not replicate or alter data, information, and downloadable materials unless written permission is given by Phaedra Botanicals.
Without limiting any other right or remedy available to Phaedra Botanicals, the permission herein granted shall automatically terminate in the event the User breaches any of the collective Terms available for reading the footer menu of the PB website and, in such an event, the User must destroy immediately all downloaded materials in his/her/its possession.
Section 5: Limited use of the PB website
The User should not use the PB website for any reason or purpose that is unlawful, harmful, offensive, or objectionable in any way nor shall the User transmit to, from, or via the PB website, or post on the PB website any material, which could be unlawful, harmful, defamatory, offensive, or objectionable in any way whatsoever.
Users must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of these Terms will result in an immediate termination of our services and access to the PB website. We reserve the right to restrict or remove your access to the PB website where you breach these Terms. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.
Section 6: Personal data protection
Section 7: Systematic data collection
Systematic automated data collection activities (including scraping, data mining, and extraction or re-utilisation) of the whole or substantial part of the PB website are prohibited.
Section 8: Third Party Links and Services
The PB website contains links that direct Users to third-party services, websites or applications that are not affiliated with us. Phaedra Botanicals has no liability or responsibility for any third-party materials, services, websites or applications. We urge you to read the third-party’s policies carefully and make sure you understand them before you engage in any browsing or transaction. Complaints, claims, concerns, or questions regarding third-party services will be directed to the respective third-party.
Phaedra Botanicals neither monitor nor have any control nor input over the third-party tools and as such has no liability whatsoever arising from Users’ use of third-party tools. Please ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider/s.
Phaedra Botanicals may also, in the future, offer new services and/or features through the PB website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
Section 9: Errors, Inaccuracies and Omissions
Although, Phaedra Botanicals aims to keep all the information provided on this site timely and accurate, as far as reasonably possible; the information is not necessarily comprehensive, complete, accurate or up-to-date. If errors are brought to our attention, we will try to correct them as soon as possible.
Occasionally there may be information on the PB website, Web-Shop or its Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions (henceforth errors), and to change or update information or cancel orders if any such errors appear in the PB website, Web-Shop or Service, or on any related website and application at any time without prior notice (including after you have submitted your order).
Phaedra Botanicals assumes no liability for the content of external links that are the sole responsibility of their operators (see also Section 8 above).
Section 10: User’s Comments, Feedback, and Other Submissions
If Users, at our request or voluntarily send specific submissions (including, but not limited to comments, reviews, contest entries, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail or otherwise, henceforth, collectively, Comments), they agree that Phaedra Botanicals may, at any time, and without restrictions, copy, edit, publish, translate, distribute, and otherwise use in any medium the Comments they sent.
Phaedra Botanicals shall be under no obligation to pay any compensation for any comments or respond to any comments. We may, but have no obligation to, monitor, edit, or remove harmful content or any content that we determine un-lawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, that which violates any party’s intellectual property or our collective Terms.
You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, or other personal or proprietary right (see also Legal Notice). You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the PB website, Web-Shop or its Service or any related website.
Users may not use a false email address, pretend to be someone other than themselves, or otherwise mislead us or third-parties as to the origin of any Comments. They are solely responsible for any Comments they make and their accuracy. We take no responsibility and assume no liability for any Comments posted by the Users or any third-party.
Section 11: Prohibited Uses
In addition to the Web-Shop Terms (Section 3), Users are prohibited from using the PB website or its content for any unlawful purpose, from soliciting others to perform or participate in any illegal act or from violating any of the collective Terms presented by Phaedra Botanicals in the footer menu of the PB website. Users also agree to respect any international, federal, provincial or state regulations, rules, laws or local ordinances, as well as our intellectual property rights or the intellectual property rights of others (see Section 4).
Users are also prohibited from harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or to submitting false or misleading information.
Users shall not transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the PB website, Web-Shop, and Service provided by Phaedra Botanicals or to collect or track personal information of others, or spam, phish, pharm, pretext, spider, crawl or scrape. Phaedra Botanicals reserves the right to terminate Users access to the PB website, Web-Shop and its Service if any of the collective Terms are violated.
Failure to comply with the Terms may have consequences for the User, including, but not limited to the User being prohibited from accessing the PB website by blocking the User’s IP address.
Any User may also be held liable for any damage to the PB website or the intellectual property of Phaedra Botanicals or any other damage resulting directly or indirectly from the impairment of the availability or accessibility of the PB website caused by the User’s action.
The Terms of the present notice are governed by European Union law, complemented, where necessary, by the laws of Estonia. Any dispute, which cannot be settled amicably, shall be brought before the courts of Estonia.
Section 12: Cookies
To ensure that the PB website functions properly, Phaedra Botanicals sometimes places small data files called cookies on the User’s device.
12.1 What are cookies?
A cookie is a small text file that is saved on the User’s computer or another device when visiting the PB website. It enables the PB website to remember the User’s actions and preferences (such as login, language, and other display preferences) over a period of time, so that the User does not have to continually re-enter such preferences upon returning to the PB website or while browsing from one page to another.
⚬ the User’s display preferences;
⚬ and other data, which are critical for the proper functioning of the PB website and the services it offers.
Enabling cookies is not strictly necessary for the PB website to work, but without them, our Services might not be available, and the User’s browsing experience is limited. The User can delete or block these cookies, but if he/she does so, some features of the PB website may not work as intended.
12.3 How to control cookies
The User can control and/or delete cookies as he/she wishes - for details, see https://aboutcookies.org/. The User can delete all cookies that are already on his/her computer and can set most browsers to prevent them from being placed. If the User does this, however, he/she may have to manually adjust some preferences every time he/she visits the PB website, Web-Shop, and some Services and functionalities may not work.
Please, review further details on Cookies Policy on the official site of Shopify.Inc where our site is hosted.
Section 13: Contact Information
Any additional questions about the Terms should be sent via the form on Phaedra Botanical’s Contact us page.
Section 14 - Addendum: Pre-Orders
To keep our products fresh, Phaedra Botanicals focuses on smaller batches, and as such, our products might be subject to limited availability (see also Section 3.3 above), which is why we offer Pre-Orders where our customers have a right for priority orders.
If you place a Pre-Order, you have a priority before those who order the product through a regular sale via our Web-Shop.
You acknowledge and agree that Phaedra Botanicals may decline or delay reservations to avoid oversubscription or as it deems appropriate, provided that we will make an effort to inform you within two weeks of our receipt of your Pre-Order. If the product becomes unavailable, you are entitled to a full refund against the card used at the time of purchase (see Section 3 above).
Although we aim for having as fast delivery with Pre-Orders as reasonably possible, you understand that Pre-Orders are placed during the time of production and are thus subject to delays. We frequently announce the estimated time when the product will start shipping out, and if delays surpass two-months period, we offer you the option of full refund.
When placing Pre-Order with Phaedra Botanicals, you will require to provide certain information, such as your address and billing information. You guarantee that all the information you enter is accurate and current. Phaedra Botanicals holds no responsibility or liability for any mistakes within your register, and shall have no obligation to make efforts to determine the correct contact or shipping information (see Section 3.2 above). You can update your information at any time before the product is shipped by contacting us via Contact us form.
You will be charged the full price of the pre-ordered product/s (including VAT if ordered from the EU) & shipping fee at the time of placing the Pre-Order. If we are unable to commence shipping the products you ordered within two-months period of the Pre-Order, we will offer you a full refund.
You may cancel the reservation by terminating the Pre-Order at any time before the notice that the product is ready for delivery or has been shipped. In such a case, a full refund will be made against the card used at the time of purchase. To cancel the Pre-Order, contact us via Contact us form while writing "PRE-ORDER CANCELLATION" in the beginning of the message. You can follow up with reason for your cancellation.
All the information stated herein is subject to change.
Effective Date: June 1, 2019
Phaedra Botanicals OÜ
Pudisoo küla, Kuusalu vald
Reg. No.: 14704934
VAT No.: EE 102152131