1.0 DEFINITIONS
1.1. The Seller De – Kito Group Of Companies OÜ is established and operating in accordance with laws of the Republic of Estonia with legal entity code: 16798721, registered office address: Sakala tn 7-2, 10141 Tallinn, Republic of Estonia. Data about the company is collected and stored in the Register of Legal Entities of the Republic of Estonia.
1.2. The Buyer – Person purchasing goods and services at the Store or using the Store. The Buyer/Consumer shall be a natural person of at least 18 years old, who is a holder of a medical license and plans to purchase goods or services from De – Kito Group Of Companies OÜ (lushfills.com) for licensed medical uses. The Buyer/Entrepreneur shall be a natural or legal person, who plans to purchase goods or services from De-Kito Group of Companies OÜ (lushfills.com) for business or occupation-related purposes. The Buyer, who is a legal person, shall act through his authorized representative registered at the Store in accordance with the established procedure.
1.3. The Store – Premium Dermal Mart by De – Kito Group Of Companies OÜ is accessible online at www.lushfills.com
1.4. Purchase and Sale Agreement – Agreement on the purchase and sale of goods concluded by the Buyer and the Seller in accordance with the Rules of Purchase and Sale of Goods of the Store.
1.5. Goods Issue Department – Points of issue (pick-up) of goods owned by De – Kito Group Of Companies OÜ are located at:
1.5.1. Sakala tn 7-2, 10141 Tallinn, Republic of Estonia. De – Kito Group Of Companies OÜ (lushfills.com) also ships to its clients from South Korea, Poland and Italy.
1.6. The Rules – These are rules on distant purchase and sale of goods laying down the rights and duties of the Buyer and the Seller, conditions of purchase of goods and services offered by the Seller and the terms of payment thereof, procedure of delivery and return of goods and services, liability of the Parties and other provisions related to the purchase and sale of goods and services at the Store.
N.B: We can only do refunds on the initial cost of the goods and not the shipping cost.
2.0. GENERAL PROVISIONS
2.1. These Rules shall be a binding legal document establishing mutual rights, obligations and liability of the Buyer and the Seller, as well as other provisions related to the sale and purchase of goods and services offered by the Seller when purchasing goods or services at the Store.
2.2. The Buyer may purchase goods and services at the Store only after having accepted the Rules. After the Buyer confirms having read the Rules, he/she undertakes to comply therewith and to execute them. By purchasing goods and services at the Store, the Buyer agrees with the application of the Rules and confirms that he/she has understood them. If the Buyer did not read and/or understand the Rules or does not agree with them, he/she cannot purchase goods and services at the Store.
2.3. Goods shall be sold at the Online Store and shipped from our warehouse in Korea.
2.4. The Seller shall have the right to amend the Rules. Amendments to the Rules shall take effect after they are published at the Store and shall apply only to orders placed by the Buyer after the amendment of the Rules. The Seller shall inform the Buyer about the changes in the Rules (e.g. by e-mail and/or by presenting the information electronically in the Buyer’s account, and/or by publishing information on the Store’s website, etc.). If the Buyer uses the Store in any way after the publication of amendments to the Rules, he shall be considered to have agreed with all amendments to the Rules. The latest version of the Rules are found on our website.
2.5. The term “goods” used hereinafter in the Rules shall cover both goods and services, unless explicitly stated or the context dictates otherwise.
3.0. ENTERING INTO THE PURCHASE AND SALE AGREEMENT
3.1. The Rules are the basis for concluding and executing one-time purchase and sale agreements. Upon concluding the Purchase and Sale Agreement for specific goods in accordance with the procedure established by the Rules, the terms and conditions of the Rules shall become the terms and conditions of the Purchase and Sale Agreement for such goods.
3.2. Registered and Non-Registered Buyers can purchase goods at the Store. Before registering, the Buyer shall also read the Store’s Privacy Policy. After the Buyer registers with the Store, he/she shall be considered to have read the Privacy Policy and accepted it.
3.3. The Buyer shall register by completing the registration form and providing the necessary data (hereinafter Registration Data) therein. The Buyer him/herself shall be responsible for the correctness, secrecy, and (or) maintaining of the Registration Data.
3.4. To purchase goods, the Buyer shall place an order at the Store by completing an electronic order form and then submitting it to the Seller.
3.5. The Purchase and Sale Agreement shall be considered concluded by the Buyer and the Seller after the Buyer, having read the Rules, submits his/her order for the goods and makes the corresponding payment. If the order is not paid, the agreement is not considered concluded.
3.6. The Purchase and Sale Agreement shall be valid until the obligations are fully fulfilled. The Purchase and Sale Agreement shall be considered fulfilled after the goods are handed over to the Buyer in accordance with the procedure laid down in the Rules and the laws of the Republic of Estonia.
3.7. By concluding the Purchase and Sale Agreement, the Buyer undertakes to pay the price of the goods and accept the goods ordered in the Store. Having paid for the order, the Buyer cannot add more items to that order. To order additional goods, the Buyer shall place a new order with the Seller.
4.0. PRICES OF GOODS AND PAYMENT FOR GOODS
4.1. The prices of the goods in the Store and/or the order are indicated in euros and with the included value.
4.2. The goods are sold to the Buyer at the prices valid in the Store at the time of placing the order. The specific price of the goods and the amount payable for the goods shall be visible to the Buyer after the shopping cart has been formed. If the Buyer disagrees with the specified price, he/she shall not be able to continue with ordering goods and placing the order.
4.3. The price of goods shall not include the price of delivery of goods and the price of services, which the Buyer may order additionally from the Seller. Unless expressly specified otherwise, the service of delivery of goods and other services shall be paid. The prices of such services and the procedure for their calculation and payment shall be specified at the Store.
4.4. A shopping cart with a total price of less than € 100 for all the goods of the relevant Seller is subject to an order handing fee of € 3.99. By approving the Rules, the Buyer agrees with the procedure of application of the order handling fee specified in this paragraph and shall pay it to the Seller. If, in the cases provided for in the Rules, the money for the goods is returned to the Buyer, the paid order handling fee shall also be refunded. Order handling fee does not apply to goods purchased in our physical store.
4.5. Purchase documents such as order information shall be presented to the Buyer in a durable medium electronically in the Buyer’s account, which the Buyer can use to download and/or print them out. Such electronic purchase documents are valid without the signature of the Seller and/or the Buyer.
5.0. Delivery and Acceptance of Goods
5.1. Delivery Process: Goods will be delivered to the buyer’s address as specified in their account or agreed upon in advance. Buyers are responsible for arrangements to receive goods on the specified delivery day.
5.2. Tracking and Customs: Buyers receive a separate email with the tracking number. Import taxes may apply to purchases; buyers are responsible for these taxes. Products undergo customs inspections as standard procedure.
5.3. Product Handling and Temperature Sensitivity: Certain products are shipped with ice packs in insulated packaging. Despite proper packaging, warmer temperatures depending on the season during transit may slightly impact product efficiency (up to 10%). Refunds or returns due to temperature-related issues are not accepted because these products are well-conserved to ensure quality during shipment and can still be safely administered to achieve desired results.
5.4. Order Processing: Orders may be put on hold pending buyer response within 24 hours. Out-of-stock items are communicated within 24 hours; if no response is received, available items are shipped, and refunds for missing items are provided as store credit.
6.0. Parcel Tracking and Claims
6.1. Parcel Retrieval: Buyers are advised to track parcels promptly. The responsibility lies with the buyer to retrieve parcels held at pickup locations to avoid return, for which no compensation is provided.
6.2. Claim Period: Claims for wrong addresses must be made within 30 days of delivery. Claims related to delivery issues must be submitted within 30 days of shipment.
6.3. Untracked Parcels: If tracking remains unavailable after three days post-shipping, buyers should contact customer support.
6.4. Investigation Process: Email inquiries initiate parcel investigations, which may take up to two weeks. Action is taken only after a minimum of 14 days from shipment for unresolved cases.
7.0. Eligibility for Refunds, Returns, or Replacements:
7.1. Product Verification: Verification of product discrepancies is supported by recorded warehouse footage. Refunds or replacements are provided for wrongly delivered or missing products.
7.2. Damaged or Defective Products: Claims for damaged or defective products must be made within 30 days of delivery. Visual evidence (pictures/videos) of the damaged product is required.
7.3. Buyer Remorse and Expiration: Unopened, undamaged products in original packaging qualify for returns within 30 days. No refunds are issued for products with adequate expiration periods at the time of delivery.
7.4. Customs and Responsibility: Buyers are responsible for customs-related issues, including taxes or license submissions. Assistance is offered in resolving customs-related delays or refusals.
8.0. Specific Cases and Additional Guidelines:
8.1. Refund Validation Process: Claims require video evidence of product usage and unpacking to validate the request.
8.2. Damaged Packaging and Free Items: Compensation is provided only for damaged products, not for damaged packaging. Free items or saline damage do not qualify for compensation or replacements.
8.3. Customs Hold and Refund Options: Options for reshipment or refunds are offered for parcels held by customs once they are returned back to our warehouse. In Exception of cases where products held by customs are not delivered based on the client not being able to submit a license or they are destroyed at customs and can’t be returned back to us. Also, clients should be aware of their customs situations in their countries or locations before ordering, we WON’T be held responsible. Limited reshipments are provided; subsequent issues may lead to refunds with exclusions.
8.4. Duplicate Payments and Sale Periods: Duplicate payments are credited to store credit upon confirmation. During sales, specific terms apply regarding order cancellations, additions, or shipping requests.
De-Kito Group Of Companies has received baseless claims for refunds and replacements lately, therefore please be advised that all products sold on lushfills.com are intended for use ONLY by medical professionals. In case of wrong or improper usage by an unskilled or uncertified person, which might result in undesired performance and outcome, lushfills.com does not bear any responsibility concerning product performance. To claim a refund, lushfills.com requires to provide a full video recording of unpacking and procedure done with the given product, which supports the customer’s claim and helps identify the cause of the problem. If a video recording is not provided, no refund is available.
8.5 Product Description Review: Prior to adding items to your shopping cart, we strongly advise carefully reviewing the product description page, including all details and images. This step helps guarantee that you receive the product as expected, minimizing any potential disappointment upon receipt.
8.6. Medical Registration Certificate Requirement: Please note that a valid medical registration certificate is required for any refund claim.
8.7. Toxins Return/Refund/Store Credit Policy: Kindly be informed that toxins are not eligible for return, refund, or store credit due to regulatory guidelines.
Additional Cautions:
Free Saline: While we may sometimes include saline for free to mix with toxins, please be aware that there is a slight possibility of the saline package being missing, broken, or damaged during shipment. Unfortunately, we cannot compensate for this occurrence with store credit or reshipping. Saline is readily available in pharmacies, both locally and online.
Empty Bottle Misunderstanding: Botulinum toxins typically come in powdered form (excluding Innotox), which may initially appear as an empty bottle. Rest assured, the powder is finely textured, and all units are accounted for. Dilution with saline is necessary before use.
Melted Ice: During the summer season, despite our best packaging efforts, products may arrive in relatively warm or hot conditions. Our experience and test results suggest that product efficiency may decrease by up to 10% under such circumstances. Please CONSIDER this before making a purchase.
Storing Diluted Product: Once opened and diluted, botulinum toxin products should ideally be used within 24 hours, as described. While storing diluted toxin for up to one month is possible, its effectiveness may decrease by up to 10%. Store toxins in a refrigerator for optimal preservation.
Your satisfaction and safety are paramount to us. If you have any further questions or concerns, please do not hesitate to reach out to our customer service team for assistance.
9.0. LIABILITY OF THE PARTIES
9.1. The Buyer must provide his/her personal data when registering in the Store. The Buyer shall be liable for the correctness of the Registration Data. If the Buyer provides another person’s personal data and/or does not provide accurate Registration Data and/or fails to update it in time, the Seller shall not be liable for the consequences subsequently incurred by the Buyer or third parties.
9.2. The Buyer shall be liable for transferring the Registration Data to third parties. If a third person uses the services provided by the Store or purchases goods or services at the Store having logged in to the Store using the Buyer’s login data, the Seller shall consider this person the Buyer, and the Buyer shall be liable for all the obligations arising therefrom.
9.3. The Seller shall be exempted from any liability in cases where losses arise due to the fact that the Buyer failed to read the Rules and/or the Purchase and Sale Agreement despite the Seller’s recommendation and own obligation to do so, even though such a possibility had been provided.
9.4. The Seller shall not be liable for non-performance of the Purchase and Sale Agreement and/or failure to deliver goods or late delivery of goods, where this occurred due to the fault of third parties or due to circumstances that the Seller could not control or reasonably foresee at the time of conclusion of the Purchase and Sale Agreement, and could not prevent the occurrence of such circumstances or their consequences (force majeure). Where the said circumstances last longer than 1 (one) month, the Parties may terminate the Purchase and Sale Agreement by their mutual agreement.
10.0. PROVISION OF INFORMATION
10.1. The Seller shall send all messages and other information to the Buyer to his/her specified e-mail address. This information shall be considered received by the Buyer within 24 (twenty-four) hours from the moment of its sending out.
10.2. The Seller shall not be liable for any malfunctions in the Internet connection or disruptions in networks of e-mail service providers due to which the Buyer is unable to receive e-mails from the Seller.
10.3. The Buyer shall send all notices, claims, applications, and questions using the contacts specified in these Rules or the contact details indicated under the Contacts section of the Store.
11.0. FINAL PROVISIONS
11.1. All information provided on the Seller’s website, including, but not limited to these Rules, information about the Seller, offered goods and services, and their properties, procedure of implementation of the Buyer’s right to refuse the Purchase and Sale Agreement, as well as the maintenance services provided by the Seller and guarantees (if provided) shall be deemed to have been put on the website for the clients to read and abide to.
11.2. The Rules and the Purchase and Sale Agreement concluded by the Buyer and the Seller shall be subject to the law of the Republic of Estonia.
11.3. The Seller may at any time assign its rights and obligations arising out of these Rules to any third person without obtaining the Buyer’s consent thereto or notifying him/her thereof, however, ensuring that in case of transfer of rights and obligations of the Seller to third persons, the position of the Buyer does not deteriorate and the scope of rights and obligations remains unchanged.
11.4. All disagreements between the Buyer and the Seller regarding the Rules shall be solved by negotiations. If the Parties fail to resolve disputes by negotiations within 15 (fifteen) days, disputes shall be finally settled in accordance with the procedure established by the laws of the Republic of Estonia.
11.5. The Buyer (consumer) may submit requests and/or complaints regarding goods or services purchased at the Store with the State Consumer Rights Protection Authority e-mail: info@ttja.ee, website: https://ttja.ee, also its regional divisions) or by completing an application form on the Online Consumer Dispute Resolution Platform at http://ec.europa.eu/odr/. The latter condition does not apply to Buyers/Entrepreneurs.
11.6. These Rules were updated on January 1st, 2024.
