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Legal stuff

Terms & conditions

Hey hey! Welcome to the least fun part of our website. You must be a special type of person for clicking into “legal stuff”—but we’re here for it.  We know that legal jargon is confusing (and frankly, super boring), so we’ve included the legalese in italics as well as a plain (but sometimes saucy) English translation in bold.

As an FYI, use of our website and services means that you agree that our relationship will be governed by these terms—if you don’t agree to this, no stress, but please don’t use our website or services.

INTROS & TERMINOLOGY

We’re Flutter, and you are? It’s great to e-meet you. This document applies to your use of our website and our subscription product.

WE are Flutter (the trading name for Flutter Beauty Ltd), a company registered in England and Wales, company number 14003137. In this document we will be referred to as “Flutter”, “we”, and “us”.

YOU are the lovely person who’s decided to browse our Website or sign up for a subscription to our Product (we’ll refer to you as “the User” and “you”).

This document (referred to as “the Agreement”) is legally binding between you and Flutter.

When we refer to our “Website”, this includes https://www.heyflutter.co/ and all associated subdomains.

When we refer to the “Product”, this means our prescription-strength treatment that stimulates the natural growth of eyelashes.

YOUR PROMISE TO US (IE DISCLAIMERS)

Our Product is designed for those looking for help growing lucious, long natural eyelashes (so basically every woman…). However, there are some people theProduct isn’t suitable for. To make sure the Product is safe for you, please provide accurate information to the best of your knowledge during signup.

By choosing to purchase our Product, you agree that you will provide truthful and accurate information to the best of your knowledge about your health history.

By signing up for the Product, you confirm that you are over the age of 18 years, and that you are not currently pregnant or breastfeeding.

ORDERING, PAYMENT, AND SUBSCRIPTIONS (EVERYTHING E-COMMERCE)

Access to our Product is possible only by purchasing a quarterly subscription. You are welcome to change your next payment date or cancel your subscription at any time, but you will need to log into your account to do so. Instructions for setting up your account will be sent once you purchase.

We accept payments by credit or debit card, as well as by a variety of other payment methods such as PayPal. Goods will not be dispatched until payments made have been cleared in full.

If there is a problem with the order you received, please notify us at team@heyflutter.co upon receipt of the parcel.

Flutter is only available as a quarterly (once every 3 months) subscription. In order to manage your subscription, you must create an account with us. You will receive details about how to do this once you purchase. To delay your next order, change your card details, or cancel your subscription, please login to your account.

You will receive upcoming payment reminders via email. You must make any changes or cancellations prior to your payment being taken.

If your payment is declined, you will receive an email notification alerting you of this. We reserve the right to re-try your payment if it is declined. Please update your card details by logging into your account as soon as possible after receiving a payment failed notification. No orders will be dispatched until payment has been completed in full.

LINKS TO OTHER WEBSITES

We may link to other websites (mostly for scientific references), but we do not control over, have responsibility for, or endorse those websites.

Our Website may contain links to other sites. Unless expressly stated, these sites are not under the control of  Flutter or that of our affiliates.

We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We do everything we can to ensure the information we provide is accurate, and that our website is always available—but we cannot guarantee either.

Any online facilities, tools, services, or information that we make available through our Website are provided "as is" and on an "as available" basis. We give no warranty that the Website will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality. Flutter is under no obligation to update information on the Website (though we do our best to keep things current and accurate).

Whilst we use reasonable endeavours to ensure that the Website are secure and free of errors, viruses, and other malware, we give no warranty or guarantee in that regard, and all Users take responsibility for their own security, that of their personal details, and their computers.

Flutter accepts no liability for any disruption or non-availability of the Website.

Flutter reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

As we prescribe a medical treatment and therefore need to ensure we have accurate medical information about each person we sell our product to, it is not possible to purchase more than one Flutter subscription. If you attempt to place multiple orders, we may cancel any or all of the orders and notify you of such.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to punctually update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

We are confident that our Product may achieve great results—but we unfortunately cannot guarantee these results and cannot be liable for the outcome.

We do not guarantee, represent or warrant that your use of our website or your subscription to our Product will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Product will be accurate or reliable.

You agree that from time to time we may stop offering the Product for indefinite periods of time or definitely stop offering the Product at any time, without notice to you

You expressly agree that your use of, or inability to use, the Product is at your sole risk. The Product delivered to you through the Pharmacy is (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Flutter Beauty Limited, our shareholders, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your of the Product, or for any other claim related in any way to your use of the Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Product or any content posted, transmitted, or otherwise made available through us, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

Simply put, we thank you for agreeing not to sue us or make any claim against us as long as we are compliant with the Agreement.

You agree to indemnify, defend and hold harmless Flutter and our parent, subsidiaries, affiliates, partners, officers, shareholders, directors, advisors,  agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of the Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

Even if a clause in the Agreement is deemed invalid, the remaining clauses of this Agreement remain valid.

In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

Both you and us have the right to terminate the Agreement

The Agreement is effective unless and until terminated by either yourself or us. You may terminate this Agreement at any time by notifying us that you no longer wish to use our Product, or when you cease using our site.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Agreement for all purposes.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Product.

ENTIRE AGREEMENT

This Agreement is the ethics code between you and us. It supersedes all prior agreements or communications.

The failure of us to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

The Agreement and any policies or operating rules posted by us on this site or in respect to the Product constitutes the entire agreement and understanding between you and us and govern your use of our website and Product , superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Agreement).

Any ambiguities in the interpretation of the Agreement shall not be construed against the drafting party.

GOVERNING LAW

The Agreement is governed by the laws of the United Kingdom.

The Agreement and any separate agreements whereby we provide you with the Product shall be governed by and construed in accordance with the laws of the United Kingdom.

CHANGES TO THE AGREEMENT

We may update the Agreement from time to time, it is your responsibility to keep up.

You can review the most current version of the Agreement at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or Product following the posting of any changes to the Agreement constitutes acceptance of those changes.

WHEN THINGS GO WRONG (TERMINATING OUR RELATIONSHIP)

Nobody likes breakups. But please adhere to these terms, otherwise we reserve the right to suspend you from using our website and/or Product. If you wish to end things, please write to us at team@heyflutter.co so that we can make sure your account is closed appropriately.

We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.

You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

IMPORTANT DATA THINGS (PRIVACY POLICY)

We take data and privacy very seriously. Please see our Privacy Policy for more details.

Use of the Website and Product is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the following: https://www.tryFlutter.com/privacy-policy.

HOW TO REACH US

Go ahead, slide into our DMs. You’ve made it this far.

If you have any questions or concerns about the Agreement, please contact us directly by email at team@heyflutter.co.

How we handle your info

Privacy policy

Hey again! While we provide arguably the most fun medical product out there, we are still selling a prescription medication—which means we take your privacy super seriously. This policy outlines which data we collect, how we use it, and your data protection rights.

WHICH DATA WE COLLECT

We collect the following data:

  • Your email address if you sign up for our newsletter
  • Your personal data (including but not limited to first and last names, date of birth or age, address, email, and phone number) if you make a purchase on our website
  • Lifestyle or health data that you provide as part of our medical assessment prior to purchasing

HOW WE COLLECT YOUR DATA

You directly provide Flutter with most of the data we collect. We collect and process data when you:

  • Register online for our newsletter
  • Take our medical assessment in order to sign up to a subscription with Flutter
  • Complete a purchase via our e-commerce site
  • Voluntarily complete a customer survey or provide feedback via email

HOW WE USE YOUR DATA

We collect your data so that we can:

  • Send you our email newsletter, if you have opted in to receive it
  • Ship your order once you’ve placed it and our pharmacy partner has approved your prescription
  • Provide you with updates about your order status, shipping notifications, and subscriptions renewals
  • Analyse responses to our medical assessment anonymously and in aggregate

HOW YOU CONSENT

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will ask you directly for your expressed consent.

HOW YOUR DATA IS STORED

We store your email address and answers to our medical assessment on customer.io, which is GDPR and HIPAA compliant: https://customer.io/security/

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. Please see Shopify’s privacy policy.

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service here or Shopify’s privacy policy here.

SHARING OF YOUR DATA

Information that you provide by filling in our medical assessment on our website will be shared with our third-party pharmacy Truepill and you consent to this information being shared and processed by Truepill. This information may include:

  • Information (for instance name, login details, contact details, delivery addresses, and details about your health, allergies and prescriptions, or a history of conditions in your family) that you provide by filling in forms on the Flutter website.
  • Customer service notes.
  • Records and copies of correspondence (including email addresses), if you contact us and/or we contact you.
  • Your responses to surveys, and the content and details (e.g. date) of any product or service reviews you leave.
  • Details of transactions you carry out through Flutter and of the fulfilment of your orders.
  • Details about any consents you have provided or withdrawn, and things you have opted out of (e.g. newsletters).
  • Your banking details are not shared to Truepill.

MARKETING

If you have opted into marketing, we will send you emails including but not limited to updates about our products and special offers.

If you have agreed to receive marketing, you may always opt out at a later date.

If you no longer wish to be contacted for marketing purposes, please click the unsubscribe link at the bottom of an email, or email team@heyflutter.co.

YOUR DATA PROTECTION RIGHTS

We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

The right to access – You have the right to request Flutter for copies of your personal data.

The right to rectification – You have the right to request that Flutter correct any information you believe is inaccurate. You also have the right to request Flutter to complete the information you believe is incomplete.

The right to erasure – You have the right to request that Flutter erase your personal data, under certain conditions.

The right to restrict processing – You have the right to request that Flutter restrict the processing of your personal data, under certain conditions.

The right to object to processing – You have the right to object to Flutter’s processing of your personal data, under certain conditions.

The right to data portability – You have the right to request that Flutter transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email: team@heyflutter.co

COOKIES

Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit websites, they often collect information from you automatically through cookies or similar technology.

The good news? Our site doesn't use cookies—but we do love eating them.

LINKS TO OTHER WEBSITES

Our website contains links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, please read their privacy policy.

CHANGES TO THIS POLICY

We keeps this privacy policy under regular review and place any updates directly on this web page. This privacy policy was last updated on 13 July 2022.

WANNA CONTACT US?

If you have any questions about our privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us at team@heyflutter.co.

NOT SATISFIED WITH OUR RESPONSE?

Should you wish to report a complaint or if you feel that we have not addressed your concern in a satisfactory manner, you may contact the Information Commissioner’s Office: https://ico.org.uk/global/contact-us/email/

All about our pharmacy partner

Pharmacy terms

Once again, we’ve summarised everything in plain English for you in bold below. For the lawyers reading this, please feel free to keep scrolling for the fine print.

Flutter is not a pharmacy or a medication manufacturer: We simply pass your details on to our partner pharmacy who prescribes and dispenses your order. It’s uber-important that you provide us with accurate health information, that you use the medication as directed, and that you notify your GP about any new prescriptions you’re using (including Flutter). Our partner pharmacy aims to prescribe and dispense orders within 24 hours on weekdays and 48 hours on weekends, but please be patient if they can’t always meet these guidelines. Orders are not cancellable, and medications are not returnable, so please double check everything before placing your order!

Flutter’s Product is a medication for which you need to register on our site before purchasing. By registering with Flutter, you warrant that the personal data that you are required to provide as a patient is true, accurate, current, and complete in all respects. You agree not to register more than once, that you will not register or complete questionnaires on behalf of anyone other than yourself, that you will comply with any instructions given for each prescribed medicine, and that you will notify your primary care provider about any new prescriptions written for you, or changes to existing prescriptions. You agree to update your registration details promptly if they change by emailing team@heyflutter.co.

We may use third party service providers to verify your identity so as to ensure that you are a genuine patient. By registering with us and signing up for the Product, you agree the appointed third-party service provider and/or any of their appointed agents can carry out all necessary searches, including searches of consumer credit records, in order to verify your information; and that you have read the third party service provider privacy policy and you agree to all your personal data being processed in accordance with the service provider's privacy policy.

The clinicians we engage are registered in the United Kingdom with the General Pharmaceutical Council and each hold accredited pharmacist independent prescriber qualifications. The clinicians are trained in providing remote consultations and issuing prescription medicine online and are individually responsible for the prescriptions they issue. Unless we notify you otherwise at the time of purchase, any pharmacy medicines we dispense are sold and supplied to you by our partner pharmacy (the “Pharmacy“) operated by Phlo Technologies Ltd, whose registered office address is C/O Gillespie & Anderson, 147 Bath Street, Glasgow, Lanarkshire, United Kingdom, G2 4SN with company number SC496769 and registered with the General Pharmaceutical Council with number 9011171. Email: pharmacy@wearephlo.com and Phone number: 02081919444.

The details of the current registered Superintendent Pharmacist is: Dennis Ouko, MPharm, Registration Number: 2205052, Phlo Technologies Limited. Phlo's prescribers are:

Dennis Ouko​, Registration number: 2205052

Tosin Edeki, Registration number: 2077334

Bernard Doro, Registration number: 2062265

Javed Choksi, Registration number: 2087439

Aisha Malik, Registration number: 6128319

By clicking on the registration numbers above, you are able to verify the pharmacy's registration and our superintendent pharmacists information. You are also able to check the pharmacy registration on the GPHC website.

When you order a pharmacy medication from Flutter, we will provide the Pharmacy with your questionnaire answers, and a registered pharmacist will dispense the medication or be in touch via email or phone based on your answers with follow-up questions. Please note that the contract for the sale of pharmacy medicines will be between you and our Pharmacy. It is at the discretion of our prescribers to accept or decline an order based on their medical assessment of your completed questionnaire. If it is determined by the prescriber that it is not clinically appropriate to prescribe the requested medicine, you will be notified and a refund will be issued to you within ten working days. Any complaints around the prescription order should be discussed with the Pharmacy and/or manufacturer of the medication.

Upon receipt of your completed questionnaire and payment, our Pharmacy’s prescribers aim to respond within 24 hours on weekdays, and 48 hours on weekends. Please note that these timelines are only a guideline and cannot always be guaranteed.

You agree to us commencing an assessment of your clinical suitability for medicines when you place the order and you will have no legal right to cancel your order under applicable consumer protection legislation, including, to the extent applicable, The Consumer Protection (Distance Selling) Regulations 2000 and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Under certain limited circumstances, we may, using our sole discretion and considering the circumstances, consider a cancellation request from you if we receive such request prior to us confirming your order via email.

We are not responsible for delays outside our control. If our supply of the dispensed medicine is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event.

We cannot accept any medicine returned to us. However, should you, at your own cost, wish to return unwanted medicine to our Pharmacy, we will facilitate the destruction thereof in accordance with applicable regulations. Please contact us should you intend to return any unwanted medicines.

You will ensure that no one other than yourself has access to any medicines that we make available to you and you will ensure that any medicines prescribed in advance of need are not used beyond their expiry date. You will inform us if you have any side effects from the medications.

By registering on our Site, you acknowledge and agree that Flutter may archive your electronic patient records including your personal information, communication and treatments for a minimum of 8 years following the last consultation. Please see our Privacy Policy for further information.