Terms of Service
Overview
Welcome to Biocreama. The terms “we”, “us” and “our” refer to Phlume Group, operating under the brand name Biocreama. Phlume Group operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated beauty and wellness shopping experience (the “Services”). Biocreama is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
Section 1 - Access and Account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state, province, or place of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.
Section 2 - Our Products
We have made every effort to provide an accurate representation of our products and services. However, product colors, textures, packaging, appearance, and results may differ from how they appear on your screen due to device settings, display quality, lighting, and other factors.
We do not warrant that the appearance, quality, suitability, or results of any product or service purchased by you will meet your expectations or be identical to what is depicted or described on our website.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit product quantities available to any person, geographic region, or jurisdiction.
Biocreama products are cosmetic and beauty products only. They are not intended to diagnose, treat, cure, prevent, or mitigate any disease, medical condition, skin disorder, or health concern. Product information provided on the Services is for general informational purposes only and should not be considered medical, dermatological, or healthcare advice.
Individual results may vary. Customers are responsible for reviewing product ingredients before purchase and use. If you have allergies, sensitivities, medical conditions, skin conditions, or pregnancy-related concerns, you should consult a qualified healthcare professional before using any product.
Section 3 - Orders
When you place an order, you are making an offer to purchase. Phlume Group reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Phlume Group confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted or processed. If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or phone number provided at the time the order was made.
Your purchases are subject to return, refund, or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale, unauthorized distribution, or export.
Section 4 - Prices and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.
Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs duties, import charges, or other governmental fees.
We may offer promotions that are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account and other information so that we can complete transactions and contact you as needed.
You represent and warrant that:
(i) the payment information you provide is true, correct, and complete;
(ii) you are authorized to use the payment method provided;
(iii) charges incurred by you will be honored by your payment provider; and
(iv) you will pay all charges incurred by you at the posted prices, including shipping, handling, taxes, duties, and other applicable charges.
Section 5 - Shipping and Delivery
We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed.
We are not responsible for delays caused by shipping carriers, customs processing, inaccurate customer information, weather, public holidays, government actions, force majeure events, or circumstances outside our control.
Once we transfer products to the shipping carrier, title and risk of loss pass to you to the fullest extent permitted by applicable law.
Section 6 - Intellectual Property
Our Services, including but not limited to all trademarks, brand names, text, displays, images, graphics, product reviews, videos, audio, designs, layout, content selection, and arrangement, are owned by Phlume Group, Biocreama, our affiliates, or licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.
Except as expressly provided in these Terms, nothing grants you any license or rights under any trademark, copyright, patent, or other intellectual property rights of Phlume Group, Biocreama, Shopify, or any third party.
The names, logos, product names, service names, designs, and slogans of Phlume Group and Biocreama are trademarks of Phlume Group or its affiliates or licensors. You must not use such trademarks without prior written permission.
Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans appearing on the Services are trademarks of their respective owners.
Section 7 - Optional Tools
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, conditions, or endorsement of any kind.
Your use of third-party tools is entirely at your own risk and discretion. You should ensure that you understand and approve of the terms under which such tools are provided.
We may introduce new features, tools, or resources through the Services in the future. Such features shall also be subject to these Terms of Service.
Section 8 - Third-Party Links
The Services may contain materials and hyperlinks to websites or platforms operated by third parties. We are not responsible for examining or evaluating the content, accuracy, policies, or practices of third-party websites.
If you access third-party sites, you do so at your own risk.
We are not liable for harm, loss, or damages related to your access to third-party websites or your purchase or use of third-party products, services, resources, or content.
Section 9 - Relationship With Shopify
Biocreama is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases made through our store are made directly with Phlume Group.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Phlume Group, including any injury, damage, or loss resulting from purchased products or services.
You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Phlume Group or Biocreama.
Section 10 - Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy.
By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services may be transmitted to and shared with Shopify and third parties located in countries other than where you reside.
Review our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
Section 11 - Feedback, Reviews and User Content
If you submit, upload, post, email, tag, share, or otherwise transmit any ideas, suggestions, feedback, reviews, ratings, testimonials, photographs, videos, proposals, plans, or other content (collectively, “Feedback”), you grant Phlume Group and Biocreama a perpetual, worldwide, sublicensable, transferable, royalty-free license to use, reproduce, modify, publish, distribute, display, and promote such Feedback in any medium for any purpose, including commercial, advertising, and marketing purposes.
You represent and warrant that:
(i) you own or have all necessary rights to your Feedback;
(ii) you have disclosed any compensation, free products, incentives, or benefits received in connection with your Feedback; and
(iii) your Feedback complies with these Terms.
We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.
We may monitor, edit, or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene, misleading, infringing, or otherwise objectionable.
You are solely responsible for any Feedback you provide and its accuracy. We assume no liability for Feedback posted by you or any third party.
Section 12 - Errors, Inaccuracies and Omissions
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, ingredients, pricing, promotions, offers, shipping charges, transit times, or availability.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
Section 13 - Prohibited Uses
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:
(a) for any unlawful, fraudulent, or malicious purpose;
(b) to violate any applicable laws, regulations, or rules;
(c) to infringe upon our intellectual property rights or the rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person;
(e) to transmit false or misleading information;
(f) to upload or transmit unlawful, harmful, or objectionable content;
(g) to send spam, unsolicited marketing, chain letters, or similar solicitations;
(h) to impersonate any person or entity;
(i) to interfere with anyone’s use or enjoyment of the Services;
(j) to upload or transmit viruses, malware, or harmful code;
(k) to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
(l) to collect or track personal information of others;
(m) to spam, phish, pharm, pretext, spider, crawl, scrape, or data-mine;
(n) to interfere with or circumvent the security features of the Services; or
(o) to resell Biocreama products through unauthorized marketplaces, including but not limited to Amazon, Noon, eBay, Walmart Marketplace, or similar platforms, without our prior written consent.
We reserve the right to suspend, disable, or terminate your account or access to the Services at any time, without notice, if we determine that you have violated these Terms.
Section 14 - Termination
We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion at any time without notice.
You will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
Section 15 - Disclaimer of Warranties
The information presented on or through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information.
Any reliance you place on such information is strictly at your own risk.
Biocreama products are cosmetic products and are not medical treatments. Nothing on the Services should be interpreted as medical advice, dermatological advice, healthcare advice, diagnosis, treatment, or a guarantee of results.
Individual results may vary. We do not guarantee that any product will achieve specific skincare, beauty, wellness, or appearance-related results.
Except as expressly stated by Phlume Group, the Services and all products offered through the Services are provided “as is” and “as available” without any representation, warranties, or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.
Section 16 - Limitation of Liability
To the fullest extent permitted by law, in no case shall Phlume Group, Biocreama, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, Shopify, or Shopify’s affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind.
This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, allergic reactions, sensitivities, misuse of products, failure to follow instructions, individual responses to cosmetic ingredients, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise.
This limitation applies to claims arising from your use of the Services, any product purchased through the Services, any content posted or transmitted through the Services, or any other claim related to your use of the Services or products, even if advised of the possibility of such damages.
Section 17 - Indemnification
You agree to indemnify, defend, and hold harmless Phlume Group, Biocreama, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, or expenses, including reasonable attorneys’ fees, payable to any third party due to or arising out of:
(1) your breach of these Terms of Service or any documents incorporated by reference;
(2) your violation of any law or the rights of a third party;
(3) your access to or use of the Services;
(4) your Feedback or user-generated content; or
(5) your misuse of any product purchased through the Services.
We will notify you of any indemnifiable claim, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced.
We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, not to be unreasonably withheld.
Section 18 - Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity or enforceability of the remaining provisions.
Section 19 - Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Section 20 - Assignment
You may not delegate, transfer, or assign this agreement or any rights or obligations under these Terms without our prior written consent. Any such attempt will be null and void.
We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
Section 21 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Arab Emirates and the Emirate of Dubai, without regard to conflict of law principles.
You and Phlume Group agree that any dispute arising out of or relating to these Terms, the Services, or products purchased through the Services shall be subject to the exclusive jurisdiction of the competent courts of Dubai, United Arab Emirates.
Section 22 - Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 23 - Changes to Terms of Service
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice.
Your continued use of or access to the Services following the posting of changes constitutes acceptance of those changes.
Section 24 - Contact Information
Questions about these Terms of Service should be sent to us at:
Phlume Group
Operating Brand: Biocreama
Dubai, United Arab Emirates
Customer Support: hello@biocreama.com