Terms of service
OVERVIEW
Welcome to BYBI. These terms and conditions are issued by Mystic Elements Limited, a company registered in England and Wales (company number 16777156), trading as BYBI. Our registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom. You can contact us at hey@bybi.com.
In these Terms, "we", "us" and "our" refer to Mystic Elements Limited t/a BYBI. "You" and "your" refer to you, the customer. BYBI operates this online store and website, including all related information, content, features, tools, products and services (the "Services"). Our store is powered by Shopify.
These terms and conditions, together with our Privacy Policy, Refund Policy and any other policies referenced herein (collectively, these "Terms"), describe your rights and responsibilities when you use the Services, and form a legally binding agreement between you and us.
Please read these Terms carefully. They include important information about your legal rights. By using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use or access our Services.
Important: Nothing in these Terms affects your statutory rights as a consumer under the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, or any other applicable consumer protection legislation. Where these Terms conflict with your statutory rights, your statutory rights will prevail.
SECTION 1 — ACCESS AND ACCOUNT
1.1 By agreeing to these Terms, you confirm that you are at least 18 years of age (or the age of majority in your country of residence, if different) or that you have the consent of a parent or guardian.
1.2 To use the Services, including browsing our store or making purchases, you may be asked to provide certain information such as your name, email address, billing, payment and delivery details. You confirm that all information you provide is accurate, current and complete, and that you have all necessary rights to provide it.
1.3 You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You must not transfer, sell, assign or licence your account to any other person.
SECTION 2 — OUR PRODUCTS
2.1 We make every effort to display our products accurately in our online store. However, colours and appearance may vary depending on your device and screen settings. We do not guarantee that your device's display of any colour or detail will be accurate.
2.2 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 to limit the quantities of any product offered to any person, geographic region or jurisdiction.
2.3 Our products are cosmetic products intended for external use only. You should always perform a patch test before first use and discontinue use if irritation occurs. Our products are not intended to diagnose, treat, cure or prevent any disease.
SECTION 3 — ORDERS AND CONTRACT FORMATION
3.1 When you place an order through our store, you are making an offer to purchase from us. Your order is not accepted, and no binding contract is formed, until we send you an order confirmation email.
3.2 We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraud. If we cancel your order after payment has been taken, we will issue a full refund.
3.3 Please check your order carefully before submitting it. It may not always be possible to make changes once an order has been confirmed.
3.4 Your purchases are subject to our Refund Policy.
3.5 You confirm that your purchases are for personal or household use and not for commercial resale.
SECTION 4 — PRICES AND PAYMENT
4.1 All prices are displayed in the currency shown on our website and are inclusive of UK VAT where applicable. Prices do not include delivery charges, which will be displayed separately before you complete your order.
4.2 For international orders, you may be liable for import duties, taxes and customs charges levied by the destination country. These charges are your responsibility and are not included in our prices or delivery charges. We recommend checking with your local customs authority before placing an order.
4.3 Prices are subject to change without notice. The price charged for a product will be the price displayed at the time you place your order, as confirmed in your order confirmation email.
4.4 We may offer promotions from time to time which may be subject to additional terms. Where there is a conflict between promotion terms and these Terms, the promotion terms will take precedence.
4.5 You agree to provide accurate and complete payment information. You confirm that you are authorised to use the payment method provided.
SECTION 5 — DELIVERY
5.1 We offer delivery within the United Kingdom and to selected international destinations. Delivery options and estimated timescales will be displayed at checkout.
5.2 All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by the delivery carrier, customs processing, severe weather, industrial action or other events beyond our reasonable control.
5.3 For UK deliveries, risk in the products passes to you on delivery. If no one is available to accept delivery, the carrier may leave instructions for redelivery or collection.
5.4 For international deliveries, risk in the products passes to you when the products are handed to the carrier for dispatch from the United Kingdom. Title to the products passes to you on full payment.
5.5 If your order arrives damaged or incomplete, please contact us at hey@bybi.com within 48 hours of delivery.
SECTION 6 — YOUR RIGHT TO CANCEL (COOLING-OFF PERIOD)
6.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you are a consumer based in the United Kingdom, you have the right to cancel your order within 14 days of receiving the goods, without giving any reason.
6.2 To exercise your right to cancel, you must inform us of your decision by a clear statement (e.g. by email to hey@bybi.com). You may use the model cancellation form set out in the Regulations, but it is not obligatory.
6.3 If you cancel, you must return the goods to us without undue delay and in any event within 14 days of informing us of your cancellation. You will bear the cost of returning the goods unless the goods are faulty or not as described.
6.4 We will reimburse all payments received from you, including the cost of standard delivery (but not any supplementary delivery charges if you chose a more expensive delivery option), without undue delay and in any event within 14 days of receiving the returned goods (or evidence that you have sent them back).
6.5 We may reduce the refund to reflect any reduction in the value of the goods caused by your handling them beyond what is necessary to establish the nature, characteristics and functioning of the goods.
6.6 The right to cancel does not apply to: (a) sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed after delivery; or (b) goods which have been mixed inseparably with other items after delivery.
6.7 This cancellation right is in addition to, and does not affect, your statutory rights under the Consumer Rights Act 2015.
SECTION 7 — REFUNDS AND RETURNS
7.1 In addition to your statutory cancellation right, our Refund Policy sets out our voluntary returns and refund arrangements. Please refer to our Refund Policy for full details.
7.2 Under the Consumer Rights Act 2015, you have the right to reject goods that are of unsatisfactory quality, unfit for purpose, or not as described. If your goods are faulty, you may be entitled to a repair, replacement or refund depending on the circumstances and how long you have had the goods. These are your statutory rights and nothing in these Terms limits or excludes them.
SECTION 8 — INTELLECTUAL PROPERTY
8.1 All content on the Services, including but not limited to trademarks, brand names, text, images, graphics, product reviews, video, audio, and the design, selection and arrangement thereof, is owned by us, our affiliates or our licensors and is protected by United Kingdom and international intellectual property laws.
8.2 You may use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store or transmit any material from the Services without our prior written consent, except as permitted by law.
8.3 BYBI's names, logos, product and service names, designs and slogans are our trademarks or those of our affiliates. You must not use them without our prior written permission.
SECTION 9 — THIRD-PARTY LINKS AND TOOLS
9.1 The Services may provide access to third-party tools, websites or services. We do not monitor, control or endorse such third-party services and provide access to them on an "as is" basis.
9.2 Your use of any third-party tools or services is at your own risk. Please review the relevant third party's terms and privacy policies before engaging with them.
9.3 We are not responsible for any loss, damage or liability arising from your use of third-party websites, tools or services.
SECTION 10 — RELATIONSHIP WITH SHOPIFY
10.1 Our store is powered by Shopify, which provides the e-commerce platform that enables us to offer the Services. All sales and purchases are made directly with Mystic Elements Limited t/a BYBI, not with Shopify.
10.2 By using the Services, you acknowledge that Shopify is not responsible for any aspect of the sale between you and us, including any loss, injury or damage arising from products purchased.
SECTION 11 — PRIVACY AND DATA PROTECTION
11.1 We process your personal data in accordance with our Privacy Policy and applicable data protection legislation, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
11.2 Because the Services are hosted by Shopify, certain personal data may also be processed by Shopify in accordance with its privacy policy. Information may be transmitted to and stored in countries outside the United Kingdom, subject to appropriate safeguards as required by law.
11.3 By using the Services, you confirm that you have read and understood our Privacy Policy.
SECTION 12 — USER CONTENT AND FEEDBACK
12.1 If you submit any content to us, including reviews, suggestions, ideas or feedback ("User Content"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such User Content for any purpose in connection with the Services.
12.2 You confirm that: (a) you own or have the necessary rights to any User Content you submit; (b) your User Content does not infringe any third party's rights; and (c) your User Content does not contain anything unlawful, defamatory, obscene, or otherwise objectionable.
12.3 We may, but are not obliged to, monitor, edit or remove User Content that we consider inappropriate or in breach of these Terms.
SECTION 13 — ERRORS AND INACCURACIES
13.1 The Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers or availability. We reserve the right to correct any such errors and to cancel or refuse orders placed based on incorrect information, including after you have submitted your order. If we cancel an order due to a pricing error after payment has been taken, we will issue a full refund.
SECTION 14 — PROHIBITED USES
14.1 You may use the Services for lawful purposes only. You must not use the Services: (a) for any unlawful purpose or in violation of any applicable law or regulation; (b) to infringe our or any third party's intellectual property rights; (c) to harass, abuse, threaten or harm any person; (d) to transmit false or misleading information; (e) to send unsolicited communications (including spam); (f) to impersonate any person or entity; or (g) in any way that could damage, disable or impair the Services.
14.2 You must not: (a) upload viruses or other malicious code; (b) attempt to gain unauthorised access to the Services or any related systems; (c) use any automated means (including bots, scrapers, spiders or AI tools) to access the Services without our prior written consent; or (d) collect or harvest personal information from the Services.
14.3 We reserve the right to suspend or terminate your access to the Services at any time, without notice, if we reasonably believe you have breached these Terms.
SECTION 15 — AUTOMATED AGENTS
15.1 This section applies if you use, enable or deploy any automated software or service (an "Agent") to access or interact with the Services on your behalf.
15.2 No Agent may access the Services unless it: (a) clearly identifies itself as an Agent in all HTTP requests (by including "Agent/[agent name]" in the user agent string); (b) does not conceal or disguise that it is an automated system; (c) responds truthfully to any prompt intended to distinguish human from automated access; and (d) does not circumvent any measures we use to control automated access.
15.3 We may restrict or block Agent access to the Services at any time and for any reason.
SECTION 16 — LIMITATION OF LIABILITY
16.1 Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (d) breach of the terms implied by sections 9, 10, 11 and 13 to 16 of the Consumer Rights Act 2015; (e) defective products under the Consumer Protection Act 1987; or (f) any other liability that cannot be excluded or limited by applicable law.
16.2 Subject to clause 16.1, our total liability to you for any claim arising out of or in connection with these Terms or the Services shall not exceed the total amount paid by you for the relevant order.
16.3 Subject to clause 16.1, we shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, savings, data or business opportunity, however caused, whether in contract, tort (including negligence), breach of statutory duty or otherwise.
16.4 We are not liable for any loss or damage arising from events outside our reasonable control (force majeure), including but not limited to natural disasters, pandemics, government actions, strikes, failure of telecommunications networks, or disruption to postal or delivery services.
SECTION 17 — INDEMNIFICATION
17.1 You agree to indemnify and hold harmless Mystic Elements Limited, Shopify, and our respective affiliates, officers, directors, employees and agents from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms; (b) your violation of any applicable law or the rights of any third party; or (c) your use of the Services.
17.2 This indemnity does not apply to the extent that any claim arises from our negligence or breach of these Terms.
SECTION 18 — TERMINATION
18.1 We may terminate or suspend your access to the Services at any time and for any reason, including for breach of these Terms, without prior notice.
18.2 Termination does not affect any rights or obligations that have accrued before the date of termination. The following sections shall survive termination: Intellectual Property, User Content and Feedback, Limitation of Liability, Indemnification, Governing Law, and any other provisions that by their nature should survive.
SECTION 19 — GOVERNING LAW AND JURISDICTION
19.1 These Terms are governed by and construed in accordance with the laws of England and Wales.
19.2 Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, except that if you are a consumer, you may also bring proceedings in the courts of the country in which you are resident.
19.3 If you are a consumer in the European Union, you may also be entitled to use the European Commission's Online Dispute Resolution platform.
SECTION 20 — GENERAL
20.1 If any provision of these Terms is found to be invalid or unenforceable, it shall be enforced to the fullest extent permitted by law and the remaining provisions shall continue in full force and effect.
20.2 Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
20.3 These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings.
20.4 You may not assign, transfer or delegate these Terms or any of your rights or obligations without our prior written consent. We may transfer, assign or delegate these Terms without your consent.
20.5 The headings used in these Terms are for convenience only and do not affect interpretation.
SECTION 21 — CHANGES TO THESE TERMS
21.1 We may update these Terms from time to time. The most current version will always be available on our website.
21.2 We will notify you of any material changes in accordance with applicable law. Your continued use of the Services after any changes take effect constitutes your acceptance of the updated Terms.
SECTION 22 — CONTACT US
If you have any questions about these Terms, please contact us:
Mystic Elements Limited (t/a BYBI), 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom. Company number: 16777156. Email: hey@bybi.com.
