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Terms of Service

Terms of Service

Overview

This website is operated by iMagiic Beauty Technology Limited (Registration Number: 79451321).

Throughout this Site, the terms “we,” “us,” and “our” refer to iMagiic Beauty Technology Limited, the operator of drpen-uk.com.

We provide this website, including all information, tools, products, and services available through the Site, subject to your acceptance of the terms, conditions, policies, and notices stated here.

By visiting our Site and/or purchasing from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms and policies referenced herein or available by hyperlink.

These Terms apply to all users of the Site, including browsers and customers.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms.

If you do not agree with these Terms, you should not access the Site or use our Services.

Any new features or tools added to the store will also be subject to these Terms.

The latest version of these Terms will be available on this page. We may update or replace portions of these Terms by posting updates to our website, subject to applicable law.

Our store is hosted by Shopify, which provides the e-commerce platform that enables us to offer our products and Services online.

Nothing in these Terms is intended to exclude, restrict, or otherwise affect any statutory rights available to consumers under applicable UK law.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you confirm that you have the legal capacity to enter into a contract or that any consent required under applicable law has been obtained.

You may not use our products or Services for any unlawful or unauthorised purpose, nor may you violate any applicable laws, including intellectual property and copyright laws.

You must not transmit viruses, malware, worms, or other destructive or malicious code.

A material breach of these Terms may result in termination or restriction of your access to the Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse or limit Service where reasonably necessary and permitted by applicable law.

Content you provide, excluding payment information, may be transferred over various networks and modified where technically necessary to conform to the requirements of connecting networks or devices.

Payment information is handled through secure payment processing systems and protected during transmission in accordance with applicable security standards.

You may not reproduce, duplicate, copy, sell, resell, or commercially exploit any portion of the Service without our prior written permission, except where otherwise permitted by law.

The headings used in these Terms are included for convenience only and do not affect their interpretation.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We make reasonable efforts to provide accurate and current information on our Site.

However, information may occasionally contain errors, omissions, or outdated material.

Information provided on this Site is intended for general informational purposes and should not be relied upon as a substitute for professional advice where such advice would be appropriate.

Historical information may be provided for reference only.

We reserve the right to update or modify the contents of the Site where appropriate, subject to applicable law.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Product prices and availability may change without notice.

Changes to prices will not normally affect orders that have already been accepted, except where a genuine pricing error has occurred or where otherwise required or permitted by law.

We reserve the right to modify, suspend, or discontinue parts of the Service where reasonably necessary.

Nothing in this section limits any statutory rights or remedies available to consumers.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online and may be available only in limited quantities.

Returns, cancellations, and refunds are subject to our Refund Policy and applicable UK consumer law.

We make reasonable efforts to display product images, colours, specifications, and descriptions accurately. However, colours and appearance may vary depending on your screen, device, or display settings.

We may limit the availability of products by geographic region, jurisdiction, customer, or quantity where reasonably necessary and permitted by law.

Product descriptions, prices, and availability may be updated from time to time.

If we discover a material error in a product description, price, promotion, or availability after you have placed an order, we may contact you to explain the issue and provide appropriate options, which may include confirming the corrected order or cancelling the affected order and issuing a refund.

Nothing in these Terms excludes or restricts rights that cannot lawfully be excluded or restricted under applicable consumer law.

SECTION 6 – ORDERS, BILLING AND ACCOUNT INFORMATION

When you place an order through our Site, you are making an offer to purchase the relevant products.

We reserve the right to refuse, limit, or cancel an order where reasonably necessary, including in cases involving suspected fraud, unauthorised transactions, material pricing errors, inventory problems, payment issues, or violations of these Terms.

Where an order cannot be accepted, we will refund any payment already received for that order where applicable.

Restrictions may apply to orders placed using the same customer account, payment method, billing address, shipping address, or household where reasonably necessary.

If we materially change or cancel an order, we may contact you using the email address, billing information, or other contact details supplied with your order.

You agree to provide current, complete, and accurate purchase and account information and to update that information where necessary.

Please refer to our Refund Policy for additional information regarding returns, cancellations, and refunds.

SECTION 7 – CONSUMER CANCELLATION RIGHTS

If you are a consumer purchasing online in the United Kingdom, you may have a statutory right to cancel certain contracts without giving a reason.

For most eligible goods purchased at a distance, the statutory cancellation period is generally 14 days from the day after you, or a person nominated by you other than the carrier, receives the goods. Different rules may apply where an order contains multiple goods delivered separately. Legislation.gov.uk

To exercise a statutory cancellation right, you must clearly inform us of your decision to cancel within the applicable cancellation period.

You may contact us at:

uk@drpenclub.com

Where a statutory cancellation right applies, goods should generally be returned without undue delay and no later than 14 days after you notify us of the cancellation. Legislation.gov.uk

Certain goods may be excluded from statutory cancellation rights where an exemption under applicable law applies. Any such exception will be applied only where the legal requirements for that exception are satisfied.

Our separate 30-day commercial return policy, where offered, is in addition to and does not replace your statutory consumer rights.

Please refer to our Refund Policy for detailed return and cancellation procedures.

SECTION 8 – REFUNDS FOLLOWING STATUTORY CANCELLATION

Where you validly exercise a statutory cancellation right, refunds will be processed in accordance with applicable UK consumer law.

Where goods must be returned, we may withhold reimbursement until we have received the goods back or you provide evidence that they have been returned, where permitted by law.

Where applicable, reimbursement will be made using the same payment method used for the original transaction unless you expressly agree otherwise.

We may make a deduction for any reduction in the value of goods resulting from handling beyond what is reasonably necessary to establish their nature, characteristics, and functioning, where permitted by law.

Applicable statutory refunds must be made within the legally required period. Under the Consumer Contracts Regulations, this is generally no later than 14 days after the relevant statutory trigger for reimbursement. Legislation.gov.uk

Our Refund Policy provides further information.

SECTION 9 – OPTIONAL TOOLS

We may provide access to third-party tools or services that we do not control.

Third-party tools may be provided on an “as available” basis and may be subject to separate terms and privacy policies established by their providers.

Your use of optional third-party tools is subject to any applicable third-party terms.

You should review those terms and policies before using third-party services.

Any new features, tools, or Services introduced through the Site may also be subject to these Terms.

SECTION 10 – THIRD-PARTY LINKS

Certain content, products, or Services available through our Site may contain links to third-party websites.

We are not responsible for the content, accuracy, availability, policies, products, or services provided by third-party websites, except to the extent responsibility cannot lawfully be excluded.

Your use of third-party websites and services is subject to the terms and policies of those third parties.

Please review their policies before entering into transactions or providing personal information.

SECTION 11 – USER COMMENTS, REVIEWS, FEEDBACK AND OTHER SUBMISSIONS

If you submit reviews, comments, suggestions, ideas, feedback, photographs, or other materials to us, you grant us permission to use, reproduce, edit, publish, translate, and distribute such content as reasonably necessary for operating, improving, and promoting our Services, subject to applicable law and our Privacy Policy.

This permission does not transfer ownership of your content to us.

We are not required to maintain unsolicited submissions in confidence, provide compensation for them, or respond to them unless otherwise agreed in writing or required by law.

We may moderate or remove content that we reasonably believe is unlawful, threatening, defamatory, infringing, misleading, fraudulent, abusive, or otherwise inappropriate.

You are responsible for content you submit and must ensure that it does not violate applicable laws or the rights of third parties.

SECTION 12 – PERSONAL INFORMATION

Our collection and processing of personal information through the Site are governed by our Privacy Policy.

Please review our Privacy Policy for information about how we collect, use, disclose, store, and protect personal information and about the rights available to you under applicable data protection law.

SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS

Information on our Site may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery estimates, or availability.

We may correct errors, inaccuracies, or omissions and update information where appropriate.

If an error materially affects an order you have already placed, we will handle the matter in accordance with applicable law and our published policies.

SECTION 14 – PROHIBITED USES

You may not use the Site or its content:

  • for any unlawful purpose;
  • to encourage or facilitate unlawful acts;
  • to violate applicable laws or regulations;
  • to infringe intellectual property or other legal rights;
  • to harass, abuse, threaten, defame, or unlawfully discriminate against others;
  • to submit deliberately false or misleading information;
  • to upload or transmit viruses, malware, or other malicious code;
  • to unlawfully collect or track personal information;
  • to spam, phish, scrape, crawl, or interfere with the security or operation of the Site; or
  • to circumvent security features of the Site or Services.

We may suspend or terminate access to the Service for material violations of these restrictions where appropriate.

SECTION 15 – PRODUCT USE AND INFORMATION

Product information provided through the Site is intended to help customers understand the products we sell.

Microneedling devices and related skincare products should be used only in accordance with the instructions supplied with the relevant product.

Customers are responsible for reviewing product instructions, warnings, cartridge compatibility, hygiene requirements, and other applicable guidance before use.

Information provided through our Site is not intended to constitute medical advice, diagnosis, or treatment.

If you have questions about whether a product or microneedling routine is appropriate for you, seek advice from a suitably qualified professional.

Nothing in this section limits any rights you may have where goods are faulty, misdescribed, unsafe, or otherwise fail to meet applicable legal requirements.

SECTION 16 – WARRANTIES AND STATUTORY RIGHTS

We make reasonable efforts to ensure that product listings and descriptions are accurate.

Products sold through the Site may also be covered by manufacturer or commercial warranties where specifically stated.

Any commercial or manufacturer warranty is additional to your statutory rights and does not replace them.

Nothing in these Terms excludes, restricts, or modifies any consumer right or remedy that cannot lawfully be excluded, restricted, or modified.

For UK consumers, goods must meet applicable statutory requirements, including requirements relating to satisfactory quality, fitness for purpose, and conformity with their description where those requirements apply.

SECTION 17 – LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits liability where it would be unlawful to do so.

In particular, nothing in these Terms is intended to exclude or restrict liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded or restricted.

Nothing in these Terms affects your statutory rights as a consumer.

Subject to the above, where permitted by law, we are not responsible for losses that were not reasonably foreseeable when the contract was formed or losses resulting from circumstances outside our reasonable control.

If you use the Site or purchase products wholly or mainly for business purposes, different limitations may apply to the extent permitted by law.

UK consumer terms must satisfy statutory fairness requirements; an unfair consumer term is not binding on the consumer. Legislation.gov.uk

SECTION 18 – INTELLECTUAL PROPERTY

Unless otherwise stated, content made available through the Site, including text, graphics, layouts, photographs, design elements, and other original website materials, is owned by us, licensed to us, or used with appropriate permission.

Brand names, trademarks, product names, and logos belonging to third parties remain the property of their respective owners.

Nothing on this Site grants you ownership of third-party trademarks or other intellectual property.

You may not reproduce or commercially exploit protected Site content without appropriate permission, except where permitted by law.

SECTION 19 – INDEMNITY FOR BUSINESS USERS

If you use our Site or Services in the course of a business, you agree, to the extent permitted by applicable law, to indemnify us against reasonable losses, liabilities, and expenses resulting directly from your material breach of these Terms, unlawful conduct, or infringement of third-party rights.

This section is not intended to impose an unfair indemnity obligation on consumers.

SECTION 20 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will apply only to the maximum extent legally permitted.

Where appropriate, the affected provision will be treated as severed without affecting the validity and enforceability of the remaining provisions.

SECTION 21 – TERMINATION

These Terms remain effective while you use the Site or Services.

You may stop using the Services at any time.

We may suspend or terminate access to the Services where reasonably necessary if you materially breach these Terms, engage in fraudulent or unlawful activity, or misuse the Site.

Termination does not affect rights or obligations that arose before termination.

SECTION 22 – ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy, and other policies expressly incorporated by reference, set out the terms governing your use of the Site and purchases made through it.

Any failure by us to exercise or enforce a provision of these Terms does not constitute a waiver of that provision.

Nothing in this section limits any mandatory rights available to consumers.

SECTION 23 – GOVERNING LAW AND CONSUMER RIGHTS

These Terms and contracts entered into through the Site are governed by the laws applicable to iMagiic Beauty Technology Limited in Hong Kong, subject to the mandatory consumer protections that apply to customers in their country of residence.

If you are a consumer in the United Kingdom, nothing in these Terms is intended to deprive you of mandatory protections available under applicable UK consumer law.

Any choice of governing law in these Terms does not override consumer rights that cannot lawfully be excluded.

The Consumer Rights Act specifically addresses consumer contracts that apply the law of a country outside the UK, so retaining the mandatory UK-consumer-rights safeguard here is important. Legislation.gov.uk

SECTION 24 – DELIVERY AND RISK

Delivery estimates are provided in accordance with our Shipping Policy.

We will make reasonable efforts to deliver orders within the estimated timeframe communicated to you.

Responsibility for goods during delivery and the point at which risk passes to the customer will be determined in accordance with applicable law.

Nothing in our Shipping Policy or these Terms is intended to transfer delivery risk to a consumer earlier than permitted under applicable consumer law.

If an order is lost, damaged, or not delivered, please contact us at uk@drpenclub.com so that we can investigate and provide an appropriate remedy where required.

SECTION 25 – RETURNS AND HYGIENE-SENSITIVE PRODUCTS

Our products may include cartridges, needle cartridges, skincare products, and other items for which hygiene considerations are relevant.

Where applicable law provides an exception to statutory cancellation rights for sealed goods that are not suitable for return due to health protection or hygiene reasons once unsealed, that exception will apply only where the relevant legal conditions are satisfied.

This does not affect your rights where a product is faulty, damaged, incorrectly supplied, misdescribed, or otherwise does not conform to applicable legal requirements.

For change-of-mind returns outside statutory cancellation rights, eligibility may be subject to the conditions of our 30-day commercial return policy.

Please review our Refund Policy before returning any item.

SECTION 26 – CHANGES TO THESE TERMS

You can review the most current version of these Terms on this page at any time.

We may update or replace portions of these Terms from time to time by publishing a revised version on the Site.

Where required by law, appropriate notice will be provided for material changes.

Changes will not retrospectively remove statutory rights or contractual rights that have already arisen.

SECTION 27 – CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

Company Name: iMagiic Beauty Technology Limited Registration Number: 79451321 Website: drpen-uk.com Email: uk@drpenclub.com Registered Address: RM 18, 2/F, TUSPARK, 118 WAI YIP STREET, KWUN TONG, HONG KONG

For questions relating to orders, returns, delivery, or products, please contact uk@drpenclub.com.