Terms of service

Last updated: September 8, 2026

Overview

Welcome to ESK Wholesale.

This website and online store are operated by ESK Skincare UK Limited, trading as ESK Wholesale ("ESK", "we", "us" or "our").

We operate this website and all related information, content, features, tools, products and services (collectively, the "Services") for our wholesale and business customers.

Our online store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service ("Terms"), together with any policies or terms referred to in them, govern your access to and use of the Services and the purchase of products from us.

Please read these Terms carefully before using the Services or placing an order.

By accessing or using the Services, creating a wholesale account or placing an order, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you should not access or use the Services.

1. Business Customers and Eligibility

The Services are intended primarily for wholesale customers purchasing products for business purposes.

By creating an account, placing an order or otherwise using the Services, you confirm that:

  • you are acting in the course of a business, trade or profession;
  • you are at least 18 years old and have legal capacity to enter into a binding agreement;
  • where you are acting on behalf of a company, partnership, clinic or other organisation, you have authority to bind that organisation to these Terms; and
  • the information you provide to us is accurate, current and complete.

We reserve the right to approve or decline applications for wholesale accounts at our discretion.

We may request reasonable information or documentation to verify your business or your eligibility for a wholesale account.

Unless we expressly agree otherwise in writing, our wholesale pricing and Services are not intended for purchases made primarily for personal, family or household purposes.

2. Accounts

Certain parts of the Services may require you to create or maintain an approved wholesale account.

You are responsible for:

  • keeping your account details accurate and up to date;
  • maintaining the confidentiality and security of your login credentials;
  • restricting unauthorised access to your account; and
  • all activity conducted through your account unless caused by our breach of duty.

You must notify us promptly if you believe your account has been accessed or used without authorisation.

You may not sell, transfer, assign, licence or otherwise provide your wholesale account to another person or business without our prior written consent.

We may suspend, restrict or terminate an account where we reasonably believe that:

  • information provided to us is false or misleading;
  • the account has been used fraudulently or without authorisation;
  • these Terms or any applicable wholesale terms have been breached;
  • continued access may create a security, legal or commercial risk; or
  • the account is no longer eligible for wholesale access.

3. Products

We take reasonable care to ensure that product descriptions, images and other information displayed through the Services are accurate.

However, product packaging, appearance, colour and presentation may vary from images displayed online, including as a result of changes to packaging, manufacturing, photography, screen settings or product updates.

Product images are provided for illustrative purposes.

We may change product formulations, packaging, specifications or descriptions where appropriate, subject to applicable law.

We reserve the right to discontinue products or limit the availability or quantity of products at any time.

Nothing in these Terms excludes any rights or remedies relating to goods that cannot lawfully be excluded or restricted.

4. Wholesale Orders

When you submit an order through the Services, you are making an offer to purchase the products included in that order.

An automated acknowledgement or order confirmation does not necessarily constitute acceptance of your order.

A binding contract for the purchase of products is formed when we accept your order, including by confirming acceptance or dispatching the products, whichever occurs first.

We reserve the right to decline, limit or cancel an order before acceptance where reasonably necessary, including where:

  • a product is unavailable;
  • there is an error in pricing or product information;
  • payment cannot be authorised;
  • we reasonably suspect fraud or unauthorised activity;
  • the order exceeds applicable quantity restrictions;
  • the order does not comply with our wholesale requirements;
  • we are unable to deliver to the requested location; or
  • accepting the order would breach applicable law or regulatory requirements.

If we cancel an order after payment has been taken, we will refund amounts paid for products we do not supply.

Please review your order carefully before submitting it. Once an order has been accepted or entered fulfilment, we may be unable to change or cancel it.

Any cancellation, return, refund or exchange is subject to our Refund Policy and any rights that apply under law.

5. Resale of Products

Products purchased through ESK Wholesale may be purchased for legitimate resale or professional business use, subject to these Terms and any separate distribution, reseller or account terms agreed with us.

You must not:

  • resell products in a manner that is unlawful, misleading or likely to damage the ESK brand;
  • alter, remove, obscure or replace product labels, batch numbers, safety information or packaging without our written approval;
  • make false, misleading or unauthorised claims about ESK products;
  • represent yourself as ESK, an employee of ESK or an authorised agent of ESK unless expressly authorised;
  • sell counterfeit, tampered with, expired or otherwise altered ESK products; or
  • export, distribute or resell products into territories where doing so would breach applicable law or any written distribution restrictions agreed with us.

Any separate distribution or reseller agreement between you and ESK will apply in addition to these Terms. If there is a conflict, the separate written agreement will take precedence to the extent of that conflict.

6. Prices and Payment

Prices displayed through the wholesale store are subject to change from time to time.

Unless otherwise stated, the price applicable to an order will be the price displayed when the order is submitted.

Prices may be displayed exclusive of VAT or other applicable taxes. Where VAT or another tax applies, this will be added or displayed as appropriate during checkout or on the relevant invoice.

Shipping, handling and other applicable charges will be displayed or otherwise communicated where applicable.

You agree to provide accurate and complete billing and payment information.

By submitting payment information, you confirm that you are authorised to use the selected payment method.

Payment must be made in accordance with the payment terms shown at checkout, on your invoice or otherwise agreed with us in writing.

Where credit or other payment terms have separately been approved by ESK, those terms will apply.

We may correct genuine pricing or calculation errors. If an obvious pricing error affects an order, we may contact you before accepting or fulfilling the affected order and give you the option to proceed at the correct price or cancel the affected item or order.

7. Promotions and Discounts

From time to time, we may offer promotions, discounts, promotional codes or other offers.

Such offers may be subject to separate terms, eligibility requirements, dates, quantity limits or other restrictions.

Unless otherwise stated:

  • promotions cannot be combined;
  • promotional codes have no cash value;
  • promotions apply only during the stated promotional period; and
  • we may reject the use of a promotional offer where we reasonably believe it has been used fraudulently, incorrectly or contrary to its terms.

If specific promotional terms conflict with these Terms, the specific promotional terms will apply in relation to that promotion.

8. Shipping and Delivery

Shipping and delivery are subject to our Shipping Policy and any delivery information provided during checkout.

Delivery dates and timeframes are estimates unless we expressly agree otherwise in writing.

We will take reasonable steps to meet estimated delivery timeframes but will not be responsible for delays caused by circumstances outside our reasonable control.

You are responsible for providing complete and accurate delivery information.

If delivery cannot be completed because the information you provided is incorrect or incomplete, you may be responsible for reasonable additional delivery or storage costs incurred as a result.

Risk in the products will pass to you upon delivery to the delivery address specified in your order, unless otherwise agreed in writing.

Title to the products will pass to you once we have received payment in full for those products, unless otherwise agreed in writing.

9. Inspection, Damaged Goods and Returns

You should inspect your order promptly following delivery.

If products arrive damaged, defective, incorrect or incomplete, please contact us as soon as reasonably practicable and provide your order details and any information reasonably required for us to assess the issue.

Returns, refunds and exchanges are governed by our Refund Policy together with any rights and remedies available under applicable law.

Nothing in these Terms is intended to exclude or restrict rights that cannot lawfully be excluded or restricted.

10. Product Storage and Handling

You are responsible for storing, handling and, where applicable, reselling products in accordance with:

  • instructions provided on the product or packaging;
  • applicable safety and storage requirements;
  • applicable laws and regulations; and
  • any reasonable product guidance supplied by ESK.

You must not knowingly sell products that are expired, damaged, contaminated, improperly stored or otherwise unsuitable for sale.

ESK is not responsible for deterioration, damage or loss caused by improper storage, handling or use after risk in the products has passed to you, except to the extent that responsibility cannot lawfully be excluded.

11. Intellectual Property

All intellectual property rights in or relating to the Services and ESK brand, including trademarks, trade names, logos, product names, product descriptions, photographs, graphics, videos, text, designs, website content and other materials, belong to ESK, its affiliates or its licensors.

These rights are protected by applicable intellectual property laws.

Your wholesale relationship with us does not transfer ownership of any ESK intellectual property to you.

You may use ESK product names, approved images and other brand materials solely to promote and resell genuine ESK products where we have authorised such use.

You must not, without our prior written permission:

  • materially alter approved ESK brand assets;
  • register or attempt to register any ESK trademark, business name, domain name or social media account;
  • use ESK intellectual property in a misleading or deceptive manner;
  • imply sponsorship, endorsement or affiliation beyond the relationship actually authorised by us;
  • reproduce or commercially exploit substantial portions of our website or content; or
  • use ESK intellectual property in connection with counterfeit or unauthorised products.

We may withdraw permission to use ESK brand materials where reasonably necessary to protect our intellectual property, reputation or legal rights.

12. Website Use

You may use the Services only for lawful business purposes.

You must not:

  • use the Services in breach of applicable law;
  • attempt to gain unauthorised access to the Services or another person's account;
  • introduce viruses, malware or harmful code;
  • interfere with the security or operation of the Services;
  • collect personal information about other users without lawful authority;
  • impersonate another person or organisation;
  • use the Services to distribute spam or unlawful communications;
  • scrape, copy, extract or reproduce substantial portions of the Services without permission; or
  • use automated systems in a manner that materially interferes with the operation, security or availability of the Services.

We may suspend or restrict access where reasonably necessary to protect the Services, our customers or our business.

13. Third-Party Tools and Links

The Services may provide access to tools, integrations, applications or websites operated by third parties.

We do not control third-party services and are not responsible for their content, availability, security or practices.

Your use of a third-party service may be subject to that provider's own terms and privacy policy.

You should review the relevant third-party terms before using their services.

14. Relationship With Shopify

ESK Wholesale is powered by Shopify, which enables us to provide the Services.

Any purchase of ESK products through our store is made directly between you and ESK Skincare UK Limited.

Shopify is not the seller of ESK products and is not responsible for fulfilling your orders or providing the products purchased from us.

Your use of Shopify-related functionality may also be subject to applicable Shopify terms and policies.

15. Privacy

Our collection and use of personal information are governed by our Privacy Policy:

https://evidenceskincare-esk.co.uk/policies/privacy-policy

Certain personal information may also be processed by Shopify in accordance with Shopify's applicable privacy terms.

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

16. Feedback and Reviews

If you submit a product review, testimonial, suggestion, image, feedback or other content to us ("Feedback"), you confirm that you have the necessary rights to provide that Feedback.

You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, adapt and display the Feedback for purposes connected with operating, improving and promoting ESK and our products, subject to applicable law and our Privacy Policy.

You must not submit Feedback that:

infringes another person's intellectual property or privacy rights;

  • is false or deliberately misleading;
  • is defamatory, unlawful, threatening, abusive or obscene;
  • contains malware or harmful code; or
  • falsely represents your identity or relationship with ESK.

Where you received an incentive, payment, free product or other benefit in connection with Feedback, you must disclose that relationship where required by law.

17. Errors and Availability

We aim to keep information on the Services accurate and up to date, but errors or omissions may occasionally occur.

We may correct typographical errors, inaccuracies or omissions relating to product descriptions, availability, pricing, promotions, delivery charges or other information.

If an error materially affects an order you have already submitted, we will take reasonable steps to notify you and, where appropriate, offer a correction, cancellation or refund.

18. Suspension and Termination

We may suspend or terminate your access to the Services or wholesale account where reasonably necessary, including if:

  • you materially breach these Terms;
  • you fail to pay amounts due;
  • we reasonably suspect fraud or unlawful activity;
  • your use of the Services creates a security risk;
  • you cease to meet our wholesale eligibility requirements; or
  • we are required to do so by law.

Where reasonably practicable, we will provide notice of suspension or termination.

Termination will not affect rights or obligations that arose before termination, including outstanding payment obligations.

Provisions that by their nature should continue after termination will remain in effect.

19. Events Outside Our Control

Neither party will be liable for a failure or delay in performing an obligation where that failure or delay results from circumstances beyond that party's reasonable control.

Such circumstances may include natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, industrial disputes, government action, transport disruption, failure of utilities or telecommunications networks, cyber incidents affecting third-party infrastructure, or disruption to suppliers or carriers.

This section does not excuse payment obligations for products already supplied.

20. Warranties

Nothing in these Terms excludes or restricts any warranty, condition, right or remedy that cannot lawfully be excluded or restricted.

Except as expressly stated in these Terms and to the extent permitted by law, we do not give additional warranties regarding the availability or uninterrupted operation of the website.

The Services may occasionally be unavailable due to maintenance, technical issues or circumstances outside our reasonable control.

21. 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 excludes or limits our liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation; or
  • any other liability that cannot lawfully be excluded or limited.

Subject to the above and to the extent permitted by law, we will not be liable for:

  • loss of profits;
  • loss of sales or revenue;
  • loss of business;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity;
  • loss of goodwill or reputation; or
  • indirect or consequential loss,

arising out of or in connection with these Terms, the Services or the purchase or use of products.

Nothing in this section limits your obligation to pay amounts properly due to us.

Any limitation or exclusion of liability under these Terms applies only to the extent permitted under applicable law, including the Unfair Contract Terms Act 1977 where applicable.

22. Indemnity

To the extent permitted by law, you agree to indemnify ESK against reasonable losses, liabilities, damages, costs and expenses arising from a third-party claim resulting directly from:

  • your material breach of these Terms;
  • your unlawful resale, marketing, alteration or use of ESK products;
  • your infringement of a third party's intellectual property rights;
  • false or misleading claims made by you about ESK or its products; or
  • your breach of applicable law.

This indemnity will not apply to the extent that the relevant loss was caused by ESK's own negligence, breach of these Terms or unlawful conduct.

23. Confidentiality

In the course of our wholesale relationship, you may receive information that is confidential or commercially sensitive, including wholesale pricing, unreleased product information, promotional plans or other non-public business information.

You must not disclose or use confidential information except:

  • as reasonably necessary for your authorised wholesale relationship with ESK;
  • with our written consent; or
  • where disclosure is required by law.

This obligation does not apply to information that is already lawfully in the public domain through no breach of these Terms.

24. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as modified to the minimum extent necessary to make it enforceable where possible.

If modification is not possible, the affected provision will be treated as severed.

The remaining provisions will continue in full force and effect.

25. Waiver

If we do not immediately enforce a provision of these Terms, this does not mean that we waive our right to enforce it later.

A waiver of one right or breach does not constitute a waiver of any other right or subsequent breach.

26. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy and any other terms expressly incorporated into an order or separately agreed with you in writing, constitute the agreement between you and us regarding the Services and purchases made through the wholesale store.

Where you have entered into a separate written distribution, reseller, credit or other commercial agreement with ESK, that agreement will apply in addition to these Terms and will take precedence to the extent of any inconsistency.

27. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations as part of a reorganisation, merger, acquisition, sale of business or assets, or to an affiliate, provided that doing so does not materially reduce your rights under an existing order.

28. Third-Party Rights

Unless expressly stated otherwise, a person who is not a party to these Terms has no right to enforce any provision of these Terms under the Contracts (Rights of Third Parties) Act 1999.

This does not affect any right or remedy of a third party that exists independently of that Act.

29. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them, their subject matter or formation, including non-contractual disputes or claims, are governed by the laws of England and Wales.

The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, except where applicable law requires otherwise.

30. Changes to These Terms

We may update these Terms from time to time to reflect changes to our Services, business practices, legal requirements or other operational reasons.

The latest version will be published on this website with an updated "Last updated" date.

Changes will generally apply to use of the Services and orders placed after the updated Terms take effect.

Where a change materially affects an existing contractual relationship, we will provide notice where required by law.

31. Contact Information

If you have questions about these Terms, please contact us:

ESK Skincare UK Limited
Trading as ESK Wholesale

Email: sales@eskcare.com

Address:
ESK Skincare UK Limited
1 Putney Bridge Approach, 605
London SW6 3JD
United Kingdom