Terms Of Service

Terms of Service 

This website is operated by Phyto-C Skin Care, a division of Phytoceuticals Inc. ("Phyto-C," "we," "us," or "our"). This website is intended exclusively for licensed skincare professionals, authorized retailers, and approved business accounts ("Professional Accounts"). By accessing this site and/or placing an order, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not access or use this site.

We reserve the right to update or modify these Terms at any time by posting changes to this page. Your continued use of the site constitutes acceptance of any changes. Our store is hosted on Shopify Inc., which provides the e-commerce platform for our professional sales channel.

SECTION 1 - PROFESSIONAL ACCOUNT ELIGIBILITY

Access to this website and the ability to place orders is restricted to approved Professional Accounts. By creating or using an account on this site, you represent and warrant that: (a) you are a licensed skincare professional, authorized retailer, or approved business purchaser; (b) you are purchasing products for professional use, retail resale through authorized channels, or both; (c) all information provided in your account application is accurate and current; and (d) you are at least the age of majority in your jurisdiction.

We reserve the right to approve, deny, suspend, or terminate any Professional Account at our sole discretion and without prior notice. Misrepresentation of professional credentials or business status is grounds for immediate account termination.

SECTION 2 - ORDERS AND PRICING

All prices listed on this site are exclusive to approved Professional Accounts and are subject to change without notice. Professional pricing is confidential. You agree not to disclose, publish, or share wholesale or professional pricing with any third party, including on any website, marketplace, advertisement, or social media platform.

We reserve the right to refuse, cancel, or limit any order at our sole discretion. This includes, but is not limited to, orders that: (a) contain pricing errors or inaccuracies caused by technical malfunctions or site errors; (b) appear to exploit a system error, glitch, or unintended configuration, including but not limited to the addition of products at no cost; (c) exceed reasonable purchase quantities; or (d) violate any provision of these Terms.

No order is binding upon us until we have confirmed shipment. Confirmation of receipt of an order does not constitute acceptance of that order.

SECTION 3 - PROMOTIONS AND SAMPLES

From time to time, we may offer promotional programs to Professional Accounts, such as complimentary product with qualifying purchases. Current promotional terms include:

• Purchase six (6) full-size units (15ml or 30ml) of the same SKU to receive one (1) complimentary unit of the same SKU. This promotion applies only to eligible products as determined by Phyto-C at its sole discretion. Not all products qualify. Contact us to confirm eligibility before placing your order.
• Complimentary samples are available only on orders totaling $500 or more, at our discretion.

Promotional offers cannot be combined, stacked, or applied retroactively. We reserve the right to modify or discontinue any promotional program, or to add or remove products from eligibility, at any time without notice. Promotional offers are void if obtained through any site error, technical glitch, or unauthorized method.

No free products will be provided outside of the promotional programs described above. This is a strict policy with no exceptions.

SECTION 4 - PAYMENT TERMS

Payment is due at the time of purchase unless alternative payment terms have been agreed upon in writing. We reserve the right to modify payment terms for any account at any time. Failure to remit payment in accordance with agreed-upon terms may result in suspension of your account, withholding of future orders, and/or referral to collections.

You agree to provide accurate and current billing information for all purchases. You are responsible for any bank fees, wire transfer fees, or other transaction costs associated with your payment.

SECTION 5 - SHIPPING AND DELIVERY

Shipping terms, carriers, and delivery timelines vary by order and destination. Free ground shipping is available on qualifying orders as indicated on the site. We are not liable for delays caused by carriers, customs, weather, or other circumstances beyond our control.

Risk of loss and title to products pass to you upon delivery to the carrier. It is your responsibility to inspect all shipments upon receipt and report any damage or discrepancy within 48 hours of delivery.

SECTION 6 - RETURNS AND REFUNDS

All sales to Professional Accounts are final unless a product is received damaged or defective. Damaged or defective product claims must be reported within 48 hours of delivery with photographic documentation. Approved claims will be resolved through replacement product, not monetary refund, unless otherwise agreed in writing.

We do not accept returns based on change of mind, overstocking, or dissatisfaction with sales performance. Products that have been opened, used, improperly stored, or are past their expiration date are not eligible for return or replacement under any circumstances.

SECTION 7 - AUTHORIZED USE AND RESALE

By purchasing from this site, you agree to resell or use Phyto-C products only through authorized channels, which include: (a) your own licensed professional practice or clinic; (b) your own authorized retail location; or (c) your own authorized website, subject to our prior written approval.

You may NOT resell Phyto-C products on any third-party marketplace (including but not limited to Amazon, eBay, Walmart Marketplace, Wish, TikTok Shop, or similar platforms) without our express prior written consent. Unauthorized resale is grounds for immediate account termination and may result in legal action.

You agree not to alter, repackage, relabel, or tamper with any Phyto-C product or packaging. You agree not to make any claims about Phyto-C products that are not supported by our official marketing materials or that violate applicable regulations.

SECTION 8 - INTELLECTUAL PROPERTY

All content on this site, including product names, logos, images, descriptions, formulations, and branding, is the property of Phytoceuticals Inc. and is protected by applicable intellectual property laws. You may use Phyto-C marketing materials, product images, and brand assets solely for the purpose of promoting and reselling Phyto-C products through authorized channels, and only in a manner consistent with our brand guidelines.

You may not reproduce, modify, distribute, or create derivative works from any Phyto-C intellectual property without our express written permission. Any unauthorized use of our intellectual property is grounds for immediate account termination.

SECTION 9 - ACCURACY, ERRORS, AND OMISSIONS

We make every effort to ensure the accuracy of product descriptions, images, and pricing on this site. However, errors may occur. We reserve the right to correct any errors, inaccuracies, or omissions, and to cancel or modify any order placed based on inaccurate information, at any time without prior notice, including after an order has been submitted or payment has been processed.

This includes, without limitation, orders placed at incorrect prices, orders that include products added through a technical error or system malfunction at no charge or at an incorrect price, and orders that reflect unintended promotional terms. In such cases, we will issue a full refund for any payment already collected.

SECTION 10 - ACCOUNT TERMINATION

We may suspend or terminate your Professional Account at any time, for any reason, at our sole discretion. Grounds for termination include, but are not limited to: (a) unauthorized resale or distribution; (b) violation of pricing confidentiality; (c) misrepresentation of professional credentials; (d) failure to pay; (e) brand misuse or misrepresentation; (f) exploiting site errors or system glitches; or (g) any other violation of these Terms.

Upon termination, your access to the site and professional pricing will be revoked immediately. You remain liable for any outstanding balances at the time of termination.

SECTION 11 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site and all products are provided "as is" and "as available." We make no warranties, express or implied, regarding merchantability, fitness for a particular purpose, or non-infringement.

In no event shall Phyto-C Skin Care, Phytoceuticals Inc., or our officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of this site, your purchase of products, or these Terms, regardless of the theory of liability. Our total liability shall not exceed the amount you paid for the specific products giving rise to the claim.

SECTION 12 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Phytoceuticals Inc., Phyto-C Skin Care, and our officers, directors, employees, agents, and affiliates from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your resale or use of Phyto-C products, or your violation of any law or third-party rights.

SECTION 13 - GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of New Jersey. You consent to personal jurisdiction in such courts.

SECTION 14 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the remaining provisions shall continue in full force and effect.

SECTION 15 - ENTIRE AGREEMENT

These Terms, together with any separate written agreements between you and Phyto-C, constitute the entire agreement between you and us regarding your use of this site and purchase of products. Any ambiguities shall not be construed against the drafting party.

SECTION 16 - CONTACT INFORMATION

Questions about these Terms of Service should be directed to info@phyto-c.com.

Phytoceuticals Inc. 200 Central Ave Hawthorne, NJ 07506 (201) 791-2255