PHYCOMANIA s.r.o., Chudenická 1059/30, Hostivař, 102 00 Praha 10, Czech Republic, registration number: 17104998, EU VAT number: CZ17104998, ADEME number: FR334711_01TGSY.
These Terms and Conditions sets 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 about 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 and all software applications in any manner which 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.
"Agreement" means the agreement constituted by the terms set out in this document between you and PHYCOMANIA s.r.o. and includes any variation 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 site.
"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 Good as specified on the site.
"You" and "Your" and “User” are references to a purchaser or prospective purchaser of the Goods, an Individual or Professional.
“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 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 (animal professionals like veterinarians, trainers, and human professionals like therapists- the list is not exhaustive) are allowed and motivated to buy Goods at PHYCOMANIA s.r.o. to resell them.
- The promoters (athletes, influencers, therapists etc) will get a promo code that gives a % discount on the total product price VAT Incl of the Order placed by their referrals and a percentage on the total product price ex VAT of the Orders placed by their referrals as commission.
2 Website Registration
(1) To place an Order, You will need to register as a User and no person may use another User’s account without their express permission. When registering You should decide whether You are an Individual or Professional. Professionals have access to buy Phyco Animo and are motivated to resell the Goods with a discount and all other Goods at normal price. When completing Your registration, You must provide personal information such as Your name and address, (Professionals - company name, registration code, address, VAT number, specialization) and a valid email address. You agree to provide accurate and complete information and to keep this information current. A username is a requirement of registration and 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 particular Goods under the terms and conditions in this Agreement at the Price specified (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 Goods description, or an error in your Order.
- PHYCOMANIA s.r.o. may cancel or suspend at any time an Order due to inability to authorize a payment, a discovery of an incorrect item Price, or any other reason, as we see fit. An Order submitted by you on the Website is an Offer by You to purchase Goods for the Price specified at the time you submit an Order. PHYCOMANIA s.r.o. is entitled to accept the Offer within two weeks. Submitting an Order for the Goods You acknowledge that:
- all information relating to the Goods and any material produced by the PHYCOMANIA s.r.o. is supplied in good faith and any error in any quote, sales literature or other document or information issued by PHYCOMANIA s.r.o. or placed upon the Website may be corrected without any liability to PHYCOMANIA s.r.o.;
- If the Price of the Goods or a material difference in the specification of Goods is varied You have right to cancel Your Order and a refund of the Price plus the reasonable and applicable cost of carrier.
- PHYCOMANIA s.r.o. reserves the right to increase the Price of the Goods to reflect any increase in the cost to PHYCOMANIA s.r.o. which is due to any factor beyond the control of PHYCOMANIA s.r.o. (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, shipping cost or material increase in the costs of the Goods to PHYCOMANIA s.r.o.).
- PHYCOMANIA s.r.o. may make any changes in the specification of the Goods/Ingredients to conform with any applicable statutory or European Union requirements or, where the Goods are to be supplied to PHYCOMANIA s.r.o.’s specification, which do not materially affect their quality or performance (or where any particular Goods are unavailable, to substitute for the Goods ordered other Goods which are substantially similar in nature and price).
- PHYCOMANIA s.r.o. reserves the right to notify You that the Goods for which You place orders have become unavailable. Subject to these terms and conditions, in the event that You order a product from the Website and PHYCOMANIA s.r.o. later informs You that PHYCOMANIA s.r.o. no longer stock the Goods or can’t provide that You had originally ordered, PHYCOMANIA s.r.o will provide You with a credit or refund to the value of the Goods that was not supplied to You, including the delivery fee.
4 Prices and Payment
- The Price of the Goods is quoted on the Website. For Professionals, the price is displayed EX VAT until the destination of the delivery is clear, for Individuals the prices are displayed VAT included.
- Payments must be received in full at the time of placing the Order and if Your payment is not received or declined by Your bank or credit card issuer, we cannot hold Goods on Your behalf or begin to manufacture any Goods ordered by You.
- PHYCOMANIA s.r.o will not be responsible for any loss or damage that You may suffer if a third party acquires unauthorized access to data that You have provided to PHYCOMANIA s.r.o. when ordering from Website.
- PHYCOMANIA s.r.o. retains ownership of goods ordered through the Website until payment is received in full and the risk in all Goods, such as loss or damage, passes to you upon dispatch.
- Subject to this Agreement, PHYCOMNIA s.r.o. will supply to You the Goods as detailed in the order confirmation. PHYCOMANIA s.r.o. will do it’s best to provide orders within the stated timeframes for dispatch 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 personal collection of the Goods available and please note that a signature may be required at delivery per the carrier’s policies.
- PHYCOMANIA s.r.o. can’t guarantee that the Goods are stored in a customs warehouse, free zone or free warehouse on the conditions established by the manufacturer.
- You need to take into consideration the specific nature of the main ingredient Phycocyanin, which is freshly farmed for each new order to the manufacturer. The cultivation time for this is in general about 4 weeks, but can be considerably longer due to uncontrollable external influences. In this respect, such production delays cannot constitute a delay in delivery.
- If the delivery is delayed owing to force majeure, extraordinary situation, because of an act or omission or any component suppliers or any PHYCOMNIA s.r.o.`s service provider (electricity etc), the Delivery Time shall be extended taking into consideration all pertinent circumstances.
6 Testing, Quality Assurance
- PHYCOMANIA s.r.o. will maintain quality assurance systems for the control of components quality, processing, testing and packaging in accordance with its usual policies and practices, and pursuant to any additional requirements set forth in this Agreement. Each production is tested for bacterial contamination by a laboratory before delivery.
- PHYCOMANIA s.r.o. will use its best efforts to prevent and, as 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 normal test procedures relating to the Goods.
7 Acceptance of the Products
- You are required to inspect and test any Goods delivered hereunder, and will accept or reject such Goods in accordance with the following terms.
- The Goods delivered by PHYCOMANIA s.r.o. should be inspected and tested by You within fourteen (14) days of receipt at the "ship to" location on the applicable Order. The Goods not rejected during such fourteen (14) day period will be deemed accepted.
- PHYCOMANIA s.r.o. is not obliged to provide a refund or allow an exchange simply because You changed your mind about a purchase, so please ensure that You place your order carefully.
- You agree to indemnify, defend and hold harmless PHYCOMANIA s.r.o. and our parent, subsidiaries, affiliates, partners, officers, directors, 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 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 which extend beyond those 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 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 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 in 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 the 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 Applicable law, Jurisdiction
(1) This contract shall be governed by the laws of the Czech Republic.
(2) Place of performance and exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be Prague, Czech Republic.
Prague, November 1st 2023