These Terms and Conditions (the "Terms") form an agreement between Hatch Beauty Limited, a company registered in England and Wales under company number 11177047, whose registered office is at 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom, trading as Phase Zero Makeup ("Phase Zero", "we", "us", "our"), and you, the user or customer ("you").
They govern your access to and use of phasezeromakeup.com, any country-specific version of that site, any Phase Zero mobile application, and any related micro-site (together, the "Site"), and any purchase you make through the Site.
Please read these Terms carefully. They affect your legal rights and include important provisions on returns, liability, and dispute resolution. By using the Site or placing an order, you accept these Terms.
If you do not agree to these Terms, please stop using the Site.
1. Changes to these Terms
We may update these Terms from time to time to reflect changes in our business, our products, or the law. The version in force is the one published on this page at the time you place your order, and that version governs that order. Material changes will be signposted by updating the "Last updated" date above. Your continued use of the Site after a change takes effect means you accept the revised Terms.
2. Eligibility and accounts
You must be at least 18 years old and legally capable of entering into binding contracts to purchase from the Site or to register an account. The Site is not directed at children, and we do not knowingly collect personal information from anyone under 16.
When you register, you agree to provide information that is true, accurate, current and complete, and to keep it up to date. You can update your details in the "My Account" area of the Site, or by emailing hello@phasezeromakeup.com.
You are responsible for keeping your password confidential and for all activity that takes place under your account. Please tell us immediately at hello@phasezeromakeup.com if you believe your account has been accessed without your authorisation. We will not be liable for losses you suffer as a result of unauthorised use of your account unless that use was caused by our failure to take reasonable care.
We may suspend or close your account if you breach these Terms, if we reasonably suspect fraudulent or abusive activity, or if you repeatedly abuse our returns policy.
3. Products and product information
We take care to describe our products accurately, including ingredients, claims and finishes. Product images and swatches are provided as a guide only. Screen calibration varies between devices, and we cannot guarantee that the colours shown on your screen will exactly match the product you receive. Shade differences of this kind are not a fault.
Our products are cosmetics intended for external use. Always review the ingredient list before use if you have known sensitivities or allergies, and patch test if you are unsure. Our products are not medicines and are not intended to diagnose, treat, cure or prevent any condition.
4. Orders and acceptance
All orders are subject to acceptance and availability. Items in your basket are not reserved and may be purchased by other customers before you check out.
When you place an order you will receive an email acknowledging its details. That acknowledgement is not acceptance of your order — it confirms only that we have received it. Your order is accepted, and a contract is formed between you and us, when we dispatch the goods and send you a dispatch confirmation containing tracking details. Where an order is dispatched in more than one parcel, a contract is formed in respect of each item when that item is dispatched.
Neither our payment processors nor our couriers have authority to accept an order on our behalf.
We may decline an order where: payment cannot be authorised; the item is out of stock or withdrawn on quality grounds; shipping restrictions apply to the destination; the item was listed at an incorrect price; we reasonably suspect fraud or resale; or you do not meet the eligibility criteria in these Terms. We may also limit the quantity of any item shipped to a single customer or address.
Our products are sold for personal or gift use. They are not for resale or other commercial exploitation without our written permission.
5. Pricing and currency
Prices are displayed in the currency selected on the Site, including US Dollars (USD), Pounds Sterling (GBP) and Euros (EUR). We ship to most international destinations.
Prices in currencies other than GBP are converted using prevailing exchange rates and may change before your order is accepted. The price that applies to your order is the price shown at checkout when you place it.
Whether taxes and duties are included in the price shown depends on your delivery destination and is stated at checkout. Where import duties, customs charges or local taxes are payable on delivery and are not collected at checkout, these are your responsibility. We are not responsible for delays caused by customs clearance in the destination country.
We make every effort to price products correctly, but errors occur. If we discover that an item in your order was priced incorrectly, we will contact you before dispatch. We are not obliged to supply a product at an incorrect price and may cancel the order, in which case we will refund you in full. Where a mispriced item is already in transit, we will process your refund once it is returned to us.
6. Sale price adjustments
We do not offer price adjustments on items purchased before a sale begins, and no adjustment is offered if an item you bought at a discounted price is later reduced further.
7. Payment
We accept Visa, Mastercard, American Express, and the other payment methods displayed at checkout, including PayPal, Shop Pay, Apple Pay and Google Pay. If you choose PayPal you will be directed to PayPal to authorise the payment before returning to the Site.
Card payments are processed by Shopify Payments, which is powered by Stripe, and by our other payment providers as displayed at checkout. Your full card details are handled by these providers, not by us. We do not store complete payment card numbers on our systems.
Payment is taken when your order is dispatched, except where a payment method or pre-order arrangement requires authorisation or payment at the point of order, which will be made clear at checkout.
You confirm that any payment card used is yours, or that you are authorised by its owner to use it. All payments are subject to validation and authorisation by the card issuer. If your issuer declines the payment, we are not liable for any resulting delay or non-delivery.
We take reasonable steps to keep the Site and your order details secure, including encryption of data in transit using TLS. However, no method of transmission over the internet is completely secure, and except where caused by our negligence we cannot be liable for loss arising from unauthorised third-party access to data you transmit to us.
8. Promotion codes, gifts with purchase and offers
Promotion codes are non-transferable, carry no cash alternative, and cannot be combined with other codes or offers unless we state otherwise. Codes must be redeemed by any stated expiry date.
Gifts with purchase are subject to availability and to any minimum spend stated. If you return items so that your order falls below the qualifying threshold, we may deduct the value of the gift from your refund unless you return the gift with your order.
We may withdraw or amend any promotion at any time and may cancel orders where we reasonably believe a code has been obtained or used improperly.
9. Delivery, risk and ownership
We aim to dispatch orders within one working day and, in any event, within three working days. Delivery estimates shown on the Site run from the date of dispatch and are guides only. We will deliver your goods within 30 days of accepting your order unless we agree otherwise with you.
Goods become your property once we have received payment in full and delivered them, whichever is later. Risk in the goods passes to you on delivery.
Where you or your carrier instruct that a parcel may be left in a safe place or with a neighbour without a signature, that delivery is at your risk from the point it is left as instructed.
If delivery is delayed by an event outside our reasonable control, we will contact you as soon as possible and take steps to minimise the delay. We will not be liable for delays caused by such events, but if there is a risk of substantial delay you may cancel your order and we will refund any amount you have paid for goods not received.
10. Cancellation, returns and exchanges
Your statutory right to cancel
If you are a consumer in the United Kingdom or the European Union, you have the right to cancel your order within 14 days of receiving the goods, without giving a reason. To exercise it, tell us clearly within that period at hello@phasezeromakeup.com. You must then return the goods within 14 days of telling us. We will refund the price of the goods and the standard outbound delivery charge within 14 days of receiving the goods back, or of receiving evidence that you have returned them, whichever is earlier.
Sealed cosmetic products that are unsealed after delivery are excluded from the statutory right to cancel on health and hygiene grounds. This does not affect your rights in respect of faulty goods.
Our returns policy
Separately from your statutory rights, we accept returns for a refund, exchange or store credit within 30 days of delivery, including where a product has been opened and lightly used. We would rather you found the shade that works than kept something that doesn't.
Please return items with their original packaging, in a condition consistent with normal trial use. We cannot accept products that have been heavily used or substantially depleted, or that have been damaged after delivery, and these will be returned to you.
Exchanges are subject to stock availability. Full instructions are on our Returns and Exchanges page.
Please email hello@phasezeromakeup.com if any part of your order arrives without Phase Zero packaging or appears to have been tampered with.
Repeated returns
We monitor return patterns. Where returns are excessive or we reasonably believe our policy is being abused, we may refuse future returns or close your account. This does not affect your statutory rights.
11. Faulty or misdescribed goods
Nothing in these Terms limits your statutory rights. If you are a consumer in the United Kingdom, the Consumer Rights Act 2015 gives you rights that we cannot exclude, including that goods must be of satisfactory quality, fit for purpose and as described.
In summary, if goods are faulty you may be entitled to reject them and receive a full refund within 30 days of delivery; to a repair or replacement after that; and to a refund, which may be reduced to reflect use, if a repair or replacement is not possible. Where a fault appears within six months of delivery, it is presumed to have been present at delivery unless we can show otherwise. Consumers in the EU, the United States and elsewhere have equivalent rights under their local law, which these Terms do not affect.
Products damaged through use, misuse, or storage outside the conditions stated on the packaging are not faulty. Please contact hello@phasezeromakeup.com with your order number and photographs so we can resolve the issue quickly.
12. SMS, MMS and RCS messaging programme
This section applies if you opt in to receive mobile messages from us. It is part of these Terms and forms our mobile messaging programme terms.
12.1 Programme
Phase Zero Makeup operates a recurring mobile messaging programme, Phase Zero Makeup Alerts (the "Programme"), delivered by SMS, MMS and RCS (Rich Communication Services). Messages may include new product launches, restock and pre-order alerts, promotions, offers, cart reminders, order and shipping updates, and customer care replies.
12.2 Consent
By providing your mobile number and opting in — through a sign-up form, at checkout, by texting a keyword to our number, or by any other method we make available — you give your express written consent to receive recurring automated marketing and transactional messages from Phase Zero Makeup at that number, including messages sent using an automatic telephone dialling system.
Consent to receive marketing messages is not a condition of any purchase. You can buy from us without joining the Programme.
You confirm that you are the subscriber or the customary user of the mobile number you provide, and that you are authorised to consent to receive messages at it. You agree to tell us promptly if you give up that number, by texting STOP from it or by emailing hello@phasezeromakeup.com.
12.3 Message frequency
Message frequency varies. You can expect up to 6 marketing messages per month. Transactional messages relating to a specific order are sent as needed and are not included in that figure.
12.4 Cost
Message and data rates may apply. Messages are sent by your mobile carrier and any charges are set by, and payable to, that carrier under your mobile plan. We do not charge you for the Programme.
12.5 How to opt out
You can cancel at any time by replying STOP to any message from us. You may also reply with END, CANCEL, UNSUBSCRIBE or QUIT. After you do, we will send a single message confirming that you have been unsubscribed, and you will receive no further marketing messages from the Programme.
You may also opt out by emailing hello@phasezeromakeup.com or by updating your preferences in the "My Account" area of the Site. Opting out of marketing messages does not stop transactional messages about an order already placed, and does not unsubscribe you from our emails, which are managed separately.
If you want to rejoin, simply sign up again through any of our opt-in methods.
12.6 How to get help
Reply HELP to any message from us for assistance. You can also contact our Customer Care team at any time at hello@phasezeromakeup.com, and we aim to respond within one working day.
12.7 Eligibility
You must be at least 18 years old and the account holder or authorised user of the mobile number you enrol. The Programme is available on participating carriers in the United States, the United Kingdom and the European Union.
If you are in the United Kingdom or the European Union, we will only send you marketing messages where you have consented to receive them, or where you have bought from us, we are marketing similar products, and you were given the opportunity to opt out at the point we collected your number and in every message since.
12.8 Carriers and delivery
Delivery of messages depends on your carrier's network and on factors outside our control. Messages may be delayed or fail to arrive. Carriers are not liable for delayed or undelivered messages, and neither we nor your carrier guarantee that any message will be delivered.
In the United States, supported carriers include AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, U.S. Cellular, MetroPCS, Virgin Mobile, Cricket, Alltel, Cellcom, C-Spire, Google Voice and others. Carriers are not liable for the content of messages sent under the Programme, and mobile carriers are not the sponsors of the Programme and do not endorse it.
12.9 RCS features
Where your device and carrier support RCS, messages may include rich media such as images, product cards, suggested replies and buttons, and may display a verified sender badge and delivery or read receipts. If RCS is unavailable on your device or network, messages may be delivered instead as SMS or MMS. RCS features depend on your device, operating system and carrier, and are not within our control.
12.10 Privacy
Information we collect through the Programme is handled in accordance with our Privacy Policy. We do not share mobile opt-in information or consent with third parties or affiliates for their marketing or promotional purposes.
12.11 Changes to the Programme
We may modify or discontinue the Programme, or any of its features, at any time and without notice, and we may terminate your participation in it at our discretion. We are not liable for any resulting failure to deliver messages.
13. Intellectual property
All content on the Site — including its look and feel, text, graphics, photographs, video, audio, logos, product names, designs, data and underlying code — is owned by us or our licensors and is protected by copyright, trade mark and other intellectual property laws.
You may view, download and print content from the Site for your own personal, non-commercial use. You may not otherwise copy, reproduce, republish, distribute, transmit, modify, create derivative works from, license, sell or commercially exploit any part of the Site or its content without our prior written permission.
"Phase Zero", "Phase Zero Makeup" and our logos are trade marks of Hatch Beauty Limited. Third-party trade marks appearing on the Site are the property of their respective owners.
14. Reviews, comments and user content
If you submit a review, comment, photograph, video or other material to the Site or to our social channels ("User Content"), you remain its owner, but you grant us a non-exclusive, worldwide, royalty-free, perpetual, transferable licence to use, reproduce, adapt, publish and display it in connection with our business, including in marketing, across any media.
You confirm that you own or control the rights in your User Content, that it is accurate, and that it does not infringe anyone else's rights or breach any law. You are solely responsible for what you submit.
Opinions expressed in User Content are those of the individual who posted them and do not represent our views. The same applies to the personal opinions of makeup artists, creators, collaborators and other third parties we work with.
We may moderate, decline to publish, or remove User Content at our discretion, including content that is unlawful, defamatory, discriminatory, obscene, harassing, misleading, infringing, contains personal data, or is used to advertise. Moderation may take up to 72 hours. We do not undertake to review all User Content and are not liable for material posted by third parties. To report content, email hello@phasezeromakeup.com.
Do not post anything to the Site that you consider confidential.
15. Acceptable use
You agree not to: use the Site for any unlawful purpose or in breach of these Terms; remove or alter any proprietary notice; collect or harvest personal information, including account names, from the Site; use the Site's communication features for commercial solicitation; introduce viruses or other harmful code; attempt to gain unauthorised access to the Site, its servers or any connected system; or use automated means to scrape, index or interfere with the Site except as permitted by our robots.txt.
The Site is for your personal, non-commercial use. We may withdraw or restrict your access if we reasonably consider that you have breached this section.
16. Third-party links
The Site may link to websites and resources operated by others. We do not control them, have not reviewed them, and are not responsible for their content, products, services or privacy practices. Links are provided for convenience and do not imply endorsement. Your dealings with third parties are between you and them.
17. Availability, disclaimers and our liability
We take reasonable care to keep the Site available and its content accurate, but we do not guarantee that the Site will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Site or its servers are free of viruses. We may withdraw, suspend or change any part of the Site at any time.
Except as expressly set out in these Terms, and to the fullest extent permitted by law, the Site and its content are provided "as is" and "as available" without warranties of any kind, whether express or implied.
Nothing in these Terms limits or excludes our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; defective products under the Consumer Protection Act 1987; breach of the terms implied by the Consumer Rights Act 2015; or any other liability that cannot be limited or excluded by law.
Subject to that, we are not liable for losses that were not foreseeable at the time the contract was formed, or for losses arising from your use of the Site or products for any business purpose, including loss of profit, revenue, business, contracts or anticipated savings. Our total liability to you in connection with any order will not exceed the price you paid for that order.
18. Your liability to us
If you use the Site or our products in breach of these Terms, or for a business or commercial purpose, you agree to compensate us for losses, costs and reasonable legal fees we incur as a result. This does not apply to consumers acting in good faith and does not limit any statutory right you have as a consumer.
19. Copyright complaints (DMCA)
If you own a copyright, or are authorised to act on behalf of an owner, and believe content on the Site infringes it, you may send a notice under the Digital Millennium Copyright Act containing:
- a physical or electronic signature of a person authorised to act for the owner of the right allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or a representative list where multiple works are covered;
- identification of the material claimed to be infringing and information sufficient for us to locate it;
- your contact details, including address, telephone number and email address;
- a statement that you have a good faith belief that the use complained of is not authorised by the owner, its agent or the law; and
- a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorised to act on behalf of the owner.
Send notices to our Copyright Agent: Hatch Beauty Limited t/a Phase Zero Makeup, 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom, marked for the attention of the Copyright Agent, or by email to hello@phasezeromakeup.com.
20. Resolving disputes
If something goes wrong, please contact us first at hello@phasezeromakeup.com. Most issues are resolved quickly and informally, and we ask that you give us 30 days to do so before taking formal action.
If we cannot resolve matters between us, you keep every right you have to take the matter further. Nothing in these Terms requires you to give up access to the courts, and nothing in them prevents you from bringing a claim in the courts of your country of residence or from using any alternative dispute resolution scheme available to you.
If you are a consumer in the United Kingdom, you may be able to use the small claims track of the County Court for lower-value claims. If you are a consumer in the European Union, you can also access your national alternative dispute resolution body.
21. Governing law
These Terms and any dispute arising from them are governed by the laws of England and Wales, and the courts of England and Wales have jurisdiction, except that: if you are a consumer resident in the European Union, you benefit from the mandatory consumer protection provisions of your country of residence and may bring proceedings there; and if you are a consumer resident in the United States, nothing in these Terms deprives you of the protection of mandatory consumer protection laws of your state of residence.
Contracts formed under these Terms are concluded in English.
22. General
These Terms, together with our Privacy Policy and Returns and Exchanges policy, are the entire agreement between us regarding your use of the Site.
If any provision is found to be unlawful or unenforceable, the remaining provisions continue in force. Our failure to enforce any provision is not a waiver of our right to do so later. You may not transfer your rights under these Terms without our consent; we may transfer ours on notice to you, for example if our business is sold. No one other than you and us has any right to enforce these Terms.
23. Contact us
Hatch Beauty Limited t/a Phase Zero Makeup
27 Old Gloucester Street
London WC1N 3AX
United Kingdom
Company number: 11177047
VAT number: GB 328 170 216
Email: hello@phasezeromakeup.com