شروط الخدمة
OVERVIEW
Welcome to www.kw-phyts.com, operated by Vita Derma LLC, the official distributor of PHYT’S in Kuwait. The terms “we”, “us”, and “our” refer to Vita Derma LLC. We operate this website and provide all related information, content, features, tools, and services to offer you a trusted and high-quality shopping experience (collectively, the “Services”).
These Terms of Service (the “Terms”) govern your access to and use of our Services. By visiting or purchasing from our Site, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, you must discontinue use of our Services immediately.
SECTION 1 – ACCESS AND ACCOUNT
By using our Services, you represent that you are at least 18 years old or the legal age of majority in your jurisdiction.
To access certain features or place an order, you may be required to provide personal information such as your name, email, billing details, and shipping address. You agree that all information you provide is accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. You may not transfer or sell your account to anyone.
SECTION 2 – OUR PRODUCTS
We strive to display accurate product descriptions, images, and details. However, colors, packaging, and appearance may vary due to device display differences or manufacturer updates.
All PHYT’S products sold on our Site are authentic and sourced directly through our role as the official distributor.
Product descriptions, prices, and availability may change at any time without notice. We reserve the right to discontinue products or limit quantities offered to customers.
SECTION 3 – ORDERS
When you place an order, you make an offer to purchase. Orders are accepted only once payment is processed and you receive an order confirmation email.
Vita Derma LLC reserves the right to refuse, cancel, or limit orders at our discretion, including suspected fraudulent purchases or bulk/resale orders.
Your purchases are subject to our Refund & Return Policy [LINK]. You agree that the products are purchased for personal use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices displayed on our Site are subject to change without notice. Unless otherwise stated, prices exclude applicable taxes, shipping fees, and duties.
You agree to provide complete and accurate billing information and update it promptly if it changes. By completing a purchase, you represent and warrant that:
(i) The payment method is valid and authorized for use;
(ii) Charges will be honored by your payment provider;
(iii) You will pay all charges including taxes and shipping.
Prices online may differ from physical retail pricing.
SECTION 5 – SHIPPING AND DELIVERY
Shipping rates and estimated delivery times are shown at checkout. Once shipped, delivery timelines are subject to carrier performance, weather, customs, or other external factors.
After the package is handed to the courier, the risk of loss transfers to you. We are not responsible for delays, lost packages, or delivery issues caused by carriers.
For detailed information, please refer to our Shipping Policy [LINK].
SECTION 6 – INTELLECTUAL PROPERTY
All content on www.kw-phyts.com—including text, images, graphics, product photos, logos, trademarks, designs, and layout—is the property of Vita Derma LLC, PHYT’S, or their licensors.
You may not reproduce, distribute, modify, publish, or use any content without prior written consent.
PHYT’S and related trademarks are owned by their respective rights holders. Unauthorized use is strictly prohibited.
SECTION 7 – OPTIONAL TOOLS
We may provide access to optional third-party tools or integrations. These tools are provided “as is” without warranties or endorsements.
Your use of such tools is entirely at your own risk, and you should review their terms before using them. Future new features or tools will also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
Our Services may contain links to third-party websites or resources. We are not responsible for the content, practices, or policies of third-party sites.
Your use of third-party websites is at your own risk. Any concerns must be directed to the relevant third-party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Our store is powered by Shopify. However, all purchases are transactions between you and Vita Derma LLC only.
By using the Services, you acknowledge that Shopify is not responsible for any product, service, warranty, transaction, or loss arising from your activities on our Site. You expressly release Shopify from any related claims or liabilities.
SECTION 10 – PRIVACY POLICY
Personal information collected through our Services is governed by our Privacy Policy [LINK]. Some information may also be processed under Shopify’s Privacy Policy: https://www.shopify.com/legal/privacy/app-users.
Because our store is hosted on Shopify, information you submit may be transferred to Shopify or third-party service providers located in other countries.
Please review our Privacy Policy for full details on how your data is collected, used, and protected.
SECTION 11 – FEEDBACK
If you submit feedback, reviews, ideas, or suggestions, you grant us a worldwide, royalty-free, perpetual license to use, publish, and distribute such content for any purpose.
You represent that you own the rights to the content you submit and that it does not violate any laws or the rights of others.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, our Site may contain errors or inaccuracies relating to product descriptions, pricing, promotions, availability, or shipping information.
We reserve the right to correct such errors at any time, including after an order is submitted.
SECTION 13 – PROHIBITED USES
You may not use our Services:
• For unlawful purposes;
• To violate intellectual property rights;
• To harass or harm others;
• To submit false information;
• To transmit malware or malicious code;
• To scrape or extract data without permission;
• To interfere with security features or server operations.
We may suspend or terminate your access for any violation of these Terms.
SECTION 14 – TERMINATION
We may terminate or suspend your access to the Services at any time for violation of these Terms or for other reasons at our discretion.
Sections related to Intellectual Property, Liability, Indemnification, and Governing Law will survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
Except as expressly stated, our Services and products are provided “as is” and “as available,” without warranties of any kind, express or implied.
We do not guarantee that the Site will always be uninterrupted, secure, or error-free. Individual results from product use may vary depending on skin type, conditions, and usage.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Vita Derma LLC shall not be liable for any indirect, incidental, special, punitive, or consequential damages arising from your use of the Services or products, including but not limited to:
• Lost revenue or profits;
• Data loss;
• Skin reactions or product misuse;
• Unauthorized account access.
Your sole remedy is to discontinue use of the Site or request a return under our policies.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Vita Derma LLC, PHYT’S, Shopify, and their affiliates and employees from any claims arising from your misuse of the Services or violation of these Terms.
SECTION 18 – SEVERABILITY
If any part of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Failure to enforce any provision of these Terms does not constitute a waiver of that right.
These Terms, together with our posted policies, constitute the entire agreement between you and Vita Derma LLC.
SECTION 20 – ASSIGNMENT
You may not transfer or assign your rights under these Terms without our prior written consent. We may assign our rights without notice.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of Kuwait. Any disputes shall be resolved in the courts of Kuwait.
SECTION 22 – CHANGES TO TERMS
We may update these Terms at any time. The “Last Updated” date will reflect the changes. Continued use of our Site constitutes acceptance of the updated Terms.
SECTION 23 – CONTACT INFORMATION
Questions about these Terms may be sent to:
Vita Derma LLC
Email: info@kw-phyts.com
Address: Hawali, Block 2, Abdullah Abdullatif Alothman St., Building #41, 1st Floor, Kuwait.
