Terms and Conditions
Morgan Cosmetics International Limited t/a Biofresh ("we", "us" or "our") provides the services available on the Site to you subject to the following terms and conditions (the "Terms and Conditions"). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
1. Privacy Policy
Please also review our Privacy Policy, which forms a part of these Terms and Conditions and governs your visit to the Site, so that you may understand our privacy practices.
2. About Morgan Cosmetics
Morgan Cosmetics International Limited t/a Biofresh is the supplier of the goods and our address, Beamore Business Centre, Beamore Road, Drogheda, County Louth, Ireland. Company Registration Number: 623689, VAT number: IE3558671RH.
3. Eligibility
To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this Site under Irish & English law you must: (a) be aged 18 or older; and (b) register on the Site; and (c) be the holder of a valid debit/credit card.
4. Prices
The prices indicated for products available via the Site are all inclusive of VAT (where applicable) at the current rates and exclusive of delivery charges. Order in excess of EUR50 are delivered free of charge within the Republic of Ireland.
5. Product Information
We will do our best to ensure that all information, descriptions, photographs and prices of products appearing on the Site are correct at the time when the relevant information was entered onto the system. Though we aim to keep the Site as up to date as possible, the information including product descriptions appearing on this Site may not always reflect the product exactly at the moment you place an order.
6. Reselling of products
The products and services available on the Site, and any samples thereof we may provide to you are for personal use only. You may not sell or resell any of the products or services, or samples thereof; you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
7. Online Orders
When you order online you will be helped through the process by simple instructions on the Site. You may review your order and confirm or correct it prior to finally placing your order. You place your order request for goods from the Morgan Cosmetics Site by clicking on the Submit button at the end of the online order process. When you have placed your order we will send you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit/debit card. This is not an order acceptance from Morgan Cosmetics Online.
Unless we have notified you that we do not accept your order or you have cancelled your order, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the Returns Policy & Procedure.
If you require any further information regarding your order(s) please contact Customer Services by email at info@biofreshskincare.ie (opening hours 9:30am - 5:30pm Monday to Friday )
We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment, we suspect fraudulent activity or violation of these Terms and Conditions (including our Privacy Policy) or if we identify a product or pricing error. If for some reason we are unable to fulfil your order, we will contact you by email or telephone.
8. Payment
You may pay using credit/debit card. You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
9. Title to Goods
We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
10. Risk of Loss
Risk in the goods will pass to you upon delivery to you.
11. Delivery
We will deliver the goods following the delivery option selected by you during the order process. Any delivery timescales quoted to you are indicative only. If some of our stock is unavailable when you place your order we will send you the rest of the order when it is available. We do not accept any liability for delayed delivery caused by any third party.
12. Shipping & Returns
Guarantee & Returns Policy
If you are not completely satisfied with your order we can offer either a refund or exchange providing that goods are returned to us in their original condition within 30 days of purchase.Please ensure that the package is wrapped securely and for your protection we recommend that you use a recorded delivery service. Please enclose your name, address, order ID number and reason for return/exchange with your returned products and send it to: Biofresh Ltd,Beamore Business Centre,Beamore Road,Drogheda,County Louth,Ireland. We aim to handle your returns within seven working days of receiving the goods. If the goods are being returned because they were incorrectly supplied, then we will also refund the postage and packaging costs. Please note that if you have purchased your products via one of our stockists you will need to arrange your return or exchange with them directly.
Shipping- IRELAND (32 Counties)
We offer FREE DELIVERY + FREE GIFT on all product purchases over €50.00
Purchases under €50.00 are charged €6.50 for delivery.
Biofresh orders are delivered by UPS (United Parcel Services) and all packages are fully trackable.We aim to process orders on the day of receipt provided we receive it before 12pm weekdays with delivery normally taking place within 1-3 days.Orders placed on Saturdays,Sundays will be processed the following business day.We aim to process and ship your order as quickly as possible, however, processing times may increase occasionally when there is especially heavy demand, e.g. around Christmas.Products can not be amended on your order once payment has been made.
We ship Worldwide
United Kingdom €15.00
Rest of European Union €18.00
Rest of the World: €30.00
International orders are sent by UPS with delivery times between 3-5 days.The payment you make for your order covers postage and the cost of the merchandise itself. We do not charge you for any additional customs duties or other charges assessed by government agencies. Any packages in weight above 1.5 kilograms may incur additional shipping charges.
If it has been more than seven days and you have not received your product, please contact Biofresh customer services at info@biofreshskincare.ie.
Should Biofresh be delayed or prevented from carrying out its obligations under the contract,by Act of God,riot,strike,lockouts,trade disputes,fire,flood,labour disputes,politicial issues or any circumstances whatsoever outside of our control,then we shall not be liable to customers for any loss or damage whether direct or indirect that may thereby be suffered by customers.
13. Acceptance of Goods
Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Policy & Procedure. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected.
If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact Customer Services by email info@biofreshskincare.ie
14. Intellectual Property
All the content on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the "Content") is the property of Morgan Cosmetics International Limited, our affiliates, our partners or our licensors, and is protected by Republic of Ireland and international copyright laws. The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of Morgan Cosmetics International Limited, our affiliates, licensors or partners, in the Republic of Ireland and other countries, and are protected by Republic of Ireland and international trademark laws. All other Trademarks not owned by us, our affiliates, partners or licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Neither the Content, the Trademarks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
15. Limited License
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (i) frame or utilise framing techniques to enclose the Site or any portion thereof (ii) modify or download the Site or its contents (except caching or as necessary to view content); (iii) make any use of the Site or its Content other than personal use; (iv) create any derivative work based upon either the Site or its Content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other "hidden text" utilising our name or the Trademarks; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Site terminates the limited license without prejudice to any other remedy provided by applicable law.
16. Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to Morgan Cosmetics International Limited, our affiliates, partners or licensors.
17. Your Account
You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. See our Privacy Policy regarding the treatment of your personal information. You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us immediately by contacting Customer Services by email at info@biofreshskincare.ie.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in our best interests to do so.
18. Third Party Links
We are not responsible for the content of any off-Site pages or any other Sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site pages or other Sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other Sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other Sites that you visit.
19. Representations and Warranties; Limitation of Liability
The site is presented "as is." We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-site links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party sites; (f) any inaccuracies, omissions or misleading, false or deceptive statement in the content; or (g) events beyond our reasonable control. Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the site regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred Euros as applicable or the value of the goods ordered whichever is greater. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law.
20. Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from any action you take that impose an unreasonable burden or load on our infrastructure.
21. Complaints
If you have any complaints or wish to discuss any matter in respect of the goods please contact Customer Services by email at info@biofreshskincare.ie
22. Disputes
Your use of this Website and any purchase by you of any goods from Morgan Cosmetics shall be governed by Irish law and the parties hereto submit to the exclusive jurisdiction of the Irish courts.
23. General
You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of or purchases on the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site.
We have taken great measures to ensure that your visit to our website is an excellent one and that your privacy is constantly respected. If you have any questions, comments, or concerns about our privacy practices, please contact us by email at info@biofreshskincare.ie.