TERMS OF SERVICE

PHYCOMANIA s.r.o., Chudenická 1059/30, Hostivař, 102 00 Prague 10, Czech Republic, registration number: 17104998, EU excl. VAT : CZ17104998, ADEME number: FR334711_01TGSY.

These Terms and Conditions set forth the agreement between PHYCOMANIA s.r.o. https://phycomania.com/ and each user of this site. The information on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. PHYCOMANIA s.r.o. accepts no liability or responsibility for the content of this site.

Please read the following Terms and Conditions carefully before placing your order with PHYCOMANIA s.r.o. These Terms and Conditions contain important information regarding the ordering, processing, fulfillment, and delivery of goods, including limitations of liability.

As a condition of your use of this Website, you warrant that you will not use this site or any and all software applications for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use this site or any software applications in any manner that could damage, disable, overburden, or impair this site or interfere with any other party’s use and enjoyment of this site or software applications. You agree not to hack into areas of this site or software applications that are not intentionally made available by PHYCOMANIA s.r.o.

Definitions

“Agreement”means the agreement formed by the terms set forth in this document between you and PHYCOMANIA s.r.o. and includes any amendments to this Agreement.

“Delivery Address”means the address to which the Goods are to be delivered, as stated on the electronic order form on the website.

“Goods”means the items offered for sale, described, or displayed on the site.
“Order”means a request by you to purchase Goods from PHYCOMANIA s.r.o. in accordance with these Terms and Conditions.

“Price”means the purchase price of each Item as specified on the site.

“You,”“Your,” and“User”refer to a purchaser or prospective purchaser of the Goods, whether an individual or a business.

“Website”means www.phycomania.com

1 Resale Rules

PHYCOMANIA s.r.o. supplies the Goods to You for Your own use and not for resale (except by Professionals) or any other commercial purpose, and by submitting an Order, You agree that You shall not, either directly or indirectly, export or resell the Goods or any product incorporating the Goods. Professionals (including animal professionals such as veterinarians and trainers, and human professionals such as therapists—the list is not exhaustive) are permitted and encouraged to purchase Goods from PHYCOMANIA s.r.o. for resale.
Promoters (athletes, influencers, therapists, etc.) will receive a promo code that provides a percentage discount on the total product price excl. VAT orders placed by their referrals, as well as a percentage of the total product price excl. VAT those orders as commission.

2 Website Registration

(1) To place an order, you must register as a user, and no one may use another user’s account without their express permission. When registering, you must decide whether you are an Individual or a Professional. Professionals have access to purchase Phyco Animo and are authorized to resell the Goods at a discount and all other Goods at the regular price. When completing your registration, you must provide personal information such as your name and address (for Professionals: company name, registration code, address, excl. VAT , and specialization) and a valid email address. You agree to provide accurate and complete information and to keep this information up to date. A username is required for registration and is for promotional purposes only. As a User, You are solely responsible for any activity that occurs on Your account, and it is Your responsibility to keep Your account password secure. If You suspect or become aware that Your password has been compromised or of any unauthorized use of Your account, You must notify us immediately.

3 Offer and Acceptance

The display of Goods on the Website does not constitute an offer to sell. It is an invitation to treat only, and orders placed by you are offers to purchase specific Goods under the terms and conditions of this Agreement at the specified Price (including delivery and other charges). PHYCOMANIA s.r.o. reserves the right to accept or reject your offer for any reason (or no reason), including, but not limited to, the unavailability of goods, an error in the price or product description, or an error in your order.
PHYCOMANIA s.r.o. may cancel or suspend an Order at any time due to an inability to authorize a payment, the discovery of an incorrect item price, or any other reason, at our discretion. An Order submitted by you on the Website constitutes an Offer by you to purchase Goods at the Price specified at the time you submit the Order. PHYCOMANIA s.r.o. is entitled to accept the Offer within two weeks. By submitting an Order for the Goods, you acknowledge that:
All information relating to the Goods and any material produced by PHYCOMANIA s.r.o. is provided in good faith, and any error in any quote, sales literature, or other document or information issued by PHYCOMANIA s.r.o. or posted on the Website may be corrected without any liability on the part of PHYCOMANIA s.r.o.;
If the price of the goods or a material difference in the specifications of the goods changes, you have the right to cancel your order and receive a refund of the price plus any reasonable and applicable shipping costs.
PHYCOMANIA s.r.o. reserves the right to increase the price of the Goods to reflect any increase in PHYCOMANIA s.r.o.’s costs resulting from any factor beyond PHYCOMANIA s.r.o.’s control (such as, without limitation, any foreign exchange fluctuations, currency regulations, changes in duties, shipping costs, or a material increase in the costs of the Goods to PHYCOMANIA s.r.o.).
PHYCOMANIA s.r.o. may make changes to the specifications of the Goods/Ingredients to comply with any applicable statutory or European Union requirements or, where the Goods are to be supplied in accordance with PHYCOMANIA s.r.o.’s specifications, provided that such changes do not materially affect their quality or performance (or, where any particular Goods are unavailable, to substitute the ordered Goods with other Goods that are substantially similar in nature and price).
PHYCOMANIA s.r.o. reserves the right to notify you that the products you have ordered are no longer available. Subject to these terms and conditions, if you order a product from the Website and PHYCOMANIA s.r.o. later informs you that PHYCOMANIA s.r.o. no longer stocks the Goods or cannot provide what you originally ordered, PHYCOMANIA s.r.o. will provide you with a credit or refund for the value of the Goods that were not supplied to you, including the delivery fee.

4 Prices and Payment

The price of the goods is listed on the website. For business customers, prices are displayed excl. VAT the delivery destination is specified; for individual customers, prices are displayed excl. VAT .
Payment must be received in full at the time the Order is placed. If your payment is not received or is declined by your bank or credit card issuer, we cannot reserve the Goods for you or begin manufacturing any Goods you have ordered.
PHYCOMANIA s.r.o. shall not be liable for any loss or damage you may incur if a third party gains unauthorized access to data you have provided to PHYCOMANIA s.r.o. when placing an order on the Website.
PHYCOMANIA s.r.o. retains ownership of goods ordered through the Website until full payment is received, and the risk of loss or damage to the goods passes to you upon shipment.

5 Delivery

Subject to this Agreement, PHYCOMANIA s.r.o. will supply the Goods to You as detailed in the order confirmation. PHYCOMANIA s.r.o. will do its best to fulfill orders within the stated timeframes for shipment and delivery; however, many external factors can affect these timeframes, and PHYCOMANIA s.r.o. cannot guarantee that they will always be met. There is no option for in-person pickup of the Goods, and please note that a signature may be required upon delivery in accordance with the carrier’s policies.
PHYCOMANIA s.r.o. cannot guarantee that the Goods are stored in a customs warehouse, free zone, or free warehouse under the conditions specified by the manufacturer.
You need to take into account the specific nature of the main ingredient, phycocyanin, which is harvested fresh for each new order by the manufacturer. The cultivation period for this is generally about four weeks, but can be considerably longer due to uncontrollable external factors. In this regard, such production delays do not constitute a delay in delivery.
If delivery is delayed due to force majeure, extraordinary circumstances, or an act or omission on the part of any component supplier or any of PHYCOMNIA s.r.o.’s service providers (such as electricity providers), the delivery time shall be extended, taking into account all relevant circumstances.

6 Testing, Quality Assurance

PHYCOMANIA s.r.o. will maintain quality assurance systems for the control of component quality, processing, testing, and packaging in accordance with its standard policies and practices, and in compliance with any additional requirements set forth in this Agreement. Each batch is tested for bacterial contamination by a laboratory prior to delivery.
PHYCOMANIA s.r.o. will use its best efforts to prevent and, where applicable, will promptly remedy any conditions within its control that could compromise the quality or reliability of the Goods or the manufacturing process. PHYCOMANIA s.r.o. will perform its standard testing procedures with respect to the Goods.

7 Acceptance of the Products

You are required to inspect and test any Goods delivered hereunder, and shall accept or reject such Goods in accordance with the following terms.
The Goods delivered by PHYCOMANIA s.r.o. must be inspected and tested by You within fourteen (14) days of receipt at the “ship to” address specified in the applicable Order. Any Goods not rejected during this fourteen (14)-day period will be deemed accepted.
PHYCOMANIA s.r.o. is not required to issue a refund or accept an exchange simply because you changed your mind about a purchase, so please be sure to place your order carefully.

8 Indemnification

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

9 Disclaimer of Warranties and Limitation of Liability

PHYCOMANIA s.r.o. disclaims all implied warranties and similar obligations that go beyond the express warranties contained in the Agreement. The Goods delivered to You are (except as expressly stated by us) provided “as is” and “as available” for Your use, without any representations, 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 event shall PHYCOMANIA s.r.o., our 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 on contract, tort (including negligence), strict liability, or otherwise, arising from Your use of any Goods, 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 Website. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, PHYCOMANIA s.r.o.’s liability shall be limited to the value of the Goods You ordered.

10 Governing Law, Jurisdiction

(1) This contract shall be governed by the laws of the Czech Republic.

(2) The place of performance and the exclusive venue for all disputes arising out of or in connection with this contract shall be Prague, Czech Republic.

Prague, November¹, 2023