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Terms & Conditions

Floragy Pro Terms and Conditions

These T&Cs support the Selective Distribution Agreement (SDA) and form part of the legal relationship between Floragy PRO and each Clinic/Salon.

  • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

  • How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.

Information about us and how to contact us

  • Who we are. Floragy Ltd, a company incorporated in England and Wales, whose registered office is at 5 St Mary’s Road, Kent ME13 8EH (‘Floragy’).

  • How to contact us. You can contact us by writing to us at hello@floragypro.com

  • How we may contact you. If we have to contact you we will do so by telephone, social media direct message by writing to you at the email address or postal address you provided to us in your order.

  • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

1. Partner appointment 

For the Term, Floragy Ltd appoints the Partner as a non-exclusive authorised stockist of the Products at the Trading Address, subject to the terms of the Agreement.

1.2 During their appointment, the Partner is permitted to perform the following authorised activities:

  • use the Products in accordance with the ‘Use of the Products’;

  • market, distribute and sell the Products in accordance with Floragy PRO permission;

  • Represent Floragy PRO brand in accordance with the Brand Guidelines, as may be updated from time to time, and with any other standard that is communicated by Floragy to the Partner.

1.3. The Partner shall only purchase or otherwise procure the Products from Floragy.

1.4 The Partner may use and sell other skincare brands as part of their services, provided that they do not conflict with Floragy PRO treatment protocols, Brand Guidelines or the terms of the Agreement.

1.5 The Partner shall not:

  • act as, or represent itself as, an agent of Floragy PRO;

  • give any condition or warranty on Floragy PRO’s behalf; and

  • attempt to commit Floragy PRO to any sales contracts or other legally binding agreement.

1.6 A breach by the Partner of this Clause 1 shall give Floragy PRO an immediate right to terminate this Agreement.

1.7 Floragy PRO shall have the right to reject orders from the Partner for any reason.

2. Ordering and Delivery

2.1 The Partner shall place orders through the Floragy PRO nominated portal for approved partners.

2.2 Floragy PRO is not obliged to accept any order submitted by the Partner.

2.3 The delivery time shall be in accordance with the Contract Details Sheet of the Agreement. Fulfilment times will be a maximum of two weeks from the placement of the order.

Standards UK Mainland Delivery:

All Postcodes 3-5 working days from fulfilment

Delivery charge: 

Orders up to £75 - £5 delivery

Orders between £75 & £250 - £10 delivery

Orders over £250 - Free

Stock Availability and Backorders

If we cannot fulfill your order due to insufficient stock, we will ship available items and send out-of-stock items once restocked. We will notify you promptly of any delays and provide estimated delivery times where possible.

3. Use of Products 

Permitted Use

3.1 The Partner’s permitted use of the Products is limited to the administering of professional treatments provided that:

  • Such treatments are only performed by Partner personnel who: hold the relevant qualifications to administer such treatments.

  • The Partner shall ensure that all products are used in accordance with the labelled instructions.

  • Patch testing should be carried out in accordance with ‘directions for use’.

Storage of the Products 

3.2 The Partner shall ensure that all Products, whether for resale or use in treatments are stored in a temperature controlled environment of no more than 25°C, and protected from direct sunlight. 

Adverse effects of the Products

3.3 In the unlikely event that the Partner becomes aware that use of the Products has resulted in a person suffering an adverse reaction, the Partner must immediately notify Floragy PRO. Such notice must include the following:

  • Details of the Products used, included the order number under which they were provided;

  • Details of the adverse reaction; 

  • The circumstances in which the reaction occurred;

  • Whether the Products were used in conjunction with any third party products; and

  • Details of any actions taken in respect of the adverse reaction including any communication with the person who suffered the adverse reaction through use of the Products. 

3.4 The Partner shall provide continued reasonable assistance in respect of the adverse reaction including co-operating with Floragy PRO and any regulatory body in the investigation of the causes of the adverse reaction, and providing any information reasonably required for the purposes of such investigations.

3.5 The Partner shall make no comments to the person claiming an adverse effect about the causes of the adverse reaction until such investigation is completed and in no circumstances express or imply Floragy PRO liability for such adverse reaction.

4. Branding and Marketing 

4.1 The Partner is permitted to market, distribute and sell the Products provided they do not market, distribute or sell:

  • the Products online, or otherwise make the Products available through an e-commerce platform;

  • the Products through any third party;

  • to other businesses or commercial concerns including, but not limited to wholesaling or sub-distribution;

  • outside of the Trading Address without gaining Floragy PRO prior written consent;

  • through any affiliated party (except through any pre-approved platforms; and

  • any Professional Floragy PRO products.

4.2 All Floragy PRO trademarks, logos, assets, visual marketing, packaging, training materials and product formulations remain the exclusive property of Floragy PRO, and nothing in the Agreement shall be interpreted as intending to assign Floragy PRO’s intellectual Property.

4.3 Floragy PRO grants to the Partner the non-exclusive right to use Skin Rocks trademarks and marketing materials for the duration of the Term for the purposes of the promotion, advertisement and sale of the Products at the Trading Address. The Partner acknowledges and agrees that the Partner will not acquire any rights in Floragy PRO trademarks except for the right to use the trademarks as expressly provided in this Agreement and the Brand Guidelines.

4.4 The Partner shall not copy or modify any logo, trademark or asset (whether identified in the Brand Guidelines or not) of Floragy PRO, and shall not use them for any purpose other than to market the Products in accordance with Terms of this Agreement.

4.5 The Partner shall not use any marketing materials that have not been provided, or pre-approved, by Floragy PRO.

4.6 The Partner shall not use any paid advertising to market the Products. However, the Partner may use paid advertising in order to market treatments in which the Products are used, provided that such advertisements do not include reference to the Floragy PRO Products or branding.

4.7 The Partner shall not directly or indirectly bid on or purchase any online advertising keywords, search terms or identifiers that are identical or confusingly similar to Floragy PRO Products or branding (including but not limited to “Floragy” and “Floragy PRO” and any variants thereof

4.8 The Partner shall not market or otherwise use the Products or Floragy Branding on social media platforms without the prior written consent of Floragy.

5. Partner's Obligation 

5.1 In addition to its other obligations under this Agreement, the Partner shall:

5.1.1 adhere to the Floragy PRO standard check by:

  • Maintaining all professional qualifications and insurance coverage in accordance with this Agreement;

  • Maintaining positive customer feedback and professional service delivery; and

  • Ensuring any use of a social media account aligns with Floragy PRO’s brand values.

Any breach by the Partner of this clause 5.1.1 shall give rise to the right for Floragy PRO to terminate the Agreement immediately.

5.1.2 keep full and accurate records relating to the Products including but not limited to (i) enquiries; (ii) quotations given; (iii) transactions; and (iv) to enable the immediate recall of any Products or batches of Products.

5.1.3 allow Floragy PRO or its authorised representatives of Floragy PRO to have access to the Trading Address, or other relevant place of business of the Partner on reasonable notice and during business hours for the purpose of:

  • inspecting the records referred to in clause 5.1.2; and

  • verifying the Partner’s compliance with the Agreement.

5.1.4 comply with all applicable laws and regulations, including, but not limited to, those in respect of consumer protection, data privacy, advertising, health and safety, anti-bribery and corruption, and anti money laundering;

5.1.5 maintain all licences and registrations required to perform its obligations under this Agreement;

5.1.6 maintain appropriate professional indemnity and public liability insurance with a reputable insurance company, and provide evidence of such insurance upon request;

5.1.7 inform Floragy PRO immediately of any changes of control of the Partner, and of any change in its organisation or method of doing business that might be expected to affect the performance of the Partner's duties in this Agreement; 

5.1.8 Refer to Floragy PRO all enquiries it receives for the Products for sale.

5.1.9 in the event of a recall, provide any assistance that Floragy PRO reasonably requires to recall, as a matter of urgency, the Products.

6. Floragy PRO Obligations 

6.1 Floragy PRO warrants that the Products shall meet stated specifications, provided that:

  • the Partner stores the Products in accordance with this Agreement and any reasonable direction of Floragy PRO ; and

  • Floragy PRO may make changes to the specifications of the Products, provided that the changes do not adversely affect the quality of the Products. Floragy PRO shall give notice of any changes to Product specifications to the Partner as soon as reasonably practicable.

6.2 Floragy PRO shall:

  • use reasonable endeavours to fulfil accepted orders and deliver them in accordance with the offered timescales.

  • provide training to the extent required for the Partner to meet its obligations under the Agreement.

  • provide information and/or ongoing support through the account portal and other support channels that may be in place from time to time to the extent reasonably required by the Partner to meet its obligations under this Agreement.

7. Returns and Defective Products 

7.1 Floragy PRO shall only accept the return of Products in the following circumstances:

  • The Products are faulty or damaged;

  • The Products are subject to a recall; or

  • Where Floragy PRO have provided prior written authorisation for the return of the Products.

7.2 If the Partner wishes to return Products, they shall:

  • Obtain any prior written authorisation required;

  • Where the Products are being returned as faulty, contact Floragy PRO about the proposed return within 48 hours of receipt of the Products; and

  • Submit any proposals to return Products via the account portal or by emailing hello@floragypro.com

7.3 The return of any Products ordered in error is strictly subject to Floragy PRO prior written authorisation.

8. Indemnities 

The Partner shall indemnify Skin Rocks for all liabilities, damages, losses (including loss of profits, loss of business, loss of reputation, loss of savings and loss of opportunity), fines, expenses and costs (including all interest, penalties, legal costs (calculated on a full indemnity basis) and reasonable professional costs and expenses incurred by Skin Rocks as a result of the Partner’s breach of this Agreement.

9. Limitation of Liability

9.1 Nothing in this Agreement limits or excludes liability for:

  • deliberate default;

  • death or personal injury caused by negligence;

  • liability for fraud or fraudulent misrepresentation;

  • any indemnification obligations under the Agreement; and

  • any liability that cannot legally be limited.

10. Termination and Suspension

10.1 Without affecting any other rights that it may be entitled to, either party may terminate the Agreement immediately if:

  • the other party commits a material breach of this Agreement that is incapable of remedy or, if such breach is remediable, fails to remedy that breach within a period of 14 days after being notified in writing to do so;

  • a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up, insolvency or bankruptcy of the other party; or

  • as otherwise permitted under the Agreement.

10.2 Without affecting any other rights that it may be entitled to, Floragy PRO may terminate the Agreement immediately, or suspend the Partner account, if:

  • the Partner repeatedly breaches any of the terms of this Agreement;

  • there is a change of control of the Partner; or

  • The legal requirements of training are not met.

10.3 Either party may terminate the Agreement by providing a Termination Notice.

11. Confidentiality

11.1 Partner agrees that this obligation survives the termination of this Agreement.

11.2 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the other party except as permitted under this clause

11.3 The Partner undertakes to maintain confidentiality of all commercially sensitive information received, including but not limited to pricing, product formulations, and business strategies.

11.4 Each party may disclose the other party’s confidential information:

  • to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with the Agreement. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 13; and

  • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

11.5 Neither party may use the other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under the Agreement.

11.6 This clause 13 shall survive the termination or expiry of the Agreement.

12. Data Protection

12.1 The parties shall comply with applicable data protection laws, including the UK GDPR and Data Protection Act 2018.

12.2 Any data collected and processed by Floragy PRO under this Agreement shall be in accordance with Floragy PRO Privacy Policy which can be found at Privacy Policy.

12.3 The Partner acknowledges it will provide Floragy PRO with personal data relating to itself, its personnel and its business, such as contact details, qualifications, and certifications. Where necessary (e.g. in the event of a product-related adverse incident), the Partner may also share limited data relating to its clients with Floragy PRO.

12.4 The Partner confirms it has a lawful basis to share any such data and will ensure its clients are informed where appropriate. 

13. Dispute Resolution and Governing Law

13.1 The Parties agree to attempt resolution through good faith negotiation before pursuing legal action.

13.2 The Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.