Terms & Conditions

Welcome to Phytocopeia. This document governs your relationship with Phytocopeia (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entire Website.
This Website may contain links to other websites (the “Linked Sites”), which are not operated by Phytocopeia. Phytocopeia has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

USE OF THE SITE

You confirm that you are at least 18 years of age or over the age of majority in the jurisdiction in which you reside and be lawfully able to accept the Terms and Conditions.

Both parties agree that this website may only be used in accordance with These Terms and Conditions. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website.
We grant you a non-transferable, revocable and non-exclusive license to use this Site, in accordance with the Terms and Conditions of Use, for such things as: shopping for products sold on the site, gathering prior information regarding our products and services and making purchases. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. These Terms and Conditions specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly prohibited.
Any breach of These Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.
Certain services and related features that may be made available on the Site may require registration. Should you choose to register for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure.
The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

PRIVACY POLICY

Our privacy policy, which sets out how we will use your information, can be found on our Privacy Policy page. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

PROHIBITED USE

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Phytocopeia will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Phytocopeia or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Phytocopeia and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

TERMS OF SALE

By placing an order you are offering to purchase a product on our website and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with Phytocopeia you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Phytocopeia retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Phytocopeia or may in some cases be a third party. Where a contract is made with a third party Phytocopeia is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

FORMATION OF CONTRACT

Both parties agree that browsing the website and gathering information regarding the services provided by Phytocopeia does not constitute an offer to sell, but merely an invitation to treat. The parties accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process.
Both parties agree that the acceptance of the offer is not made when Phytocopeia contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of your ordered product. Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.

ACCEPTANCE OF ELECTRONIC DOCUMENTS

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

PRICING AND AVAILABILITY

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

PRODUCTS
Certain products may be available exclusively online through the website.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

CANCELLATION BY US

We reserve the right not to provide goods or services, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

CANCELLATION BY YOU

If you need to cancel an order, please contact us immediately. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.

ACCURACY OF BILLING AND ACCOUNT INFORMATION
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 judgment, appear to be placed by dealers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly 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.

OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

PAYMENT
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

PAYMENT SECURITY POLICY

Our Payment Service Provider is highly secured and efficient. It provides a secure payment gateway, processing payments for thousands of online businesses, including ours. It is our payment service provider’s utmost priority to ensure that transaction data is handled in a safe and secure way.

It complies with security standard to the highest level and maintains regular security audits. It is also regularly audited by the banks and banking authorities to ensure that their systems are impenetrable.

So when buying through our site, you can be sure that you are completely protected.

DELIVERY

Delivery times vary depending on your location. We make every effort to deliver goods within the estimated timescales set out on our Site; however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within the estimated timescales where they did not occur due to our fault or negligence.
You agree not to hold us liable for any delay or failure to deliver products or otherwise perform any obligation as specified in terms if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.

You will receive an email or phone call a day after your order has been sent containing the parcel number and a link to receive the parcel.

Items must be signed for as they cannot be left unattended. If nobody is there to sign for the parcel, our delivery partner may return the product to our store or drop it at the nearest post office. It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter a wrong address, we are not obliged to re-send the order to the correct address at our expense.

It is the responsibility of the customer to inform us if an order does not arrive. Once we learn an order has not arrived, we will lodge enquiries with our delivery partners to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.

Please note that if an item has been lost in transit, we will not dispatch a replacement item until we have resolved the problem. Replacement items will be dispatched according to our discretion.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery.

SHIPPING

Customers must pay for the cost of shipping products to them. After shipping, you will receive an email after your order has been sent containing the consignment number and a link to parcel tracking site. You will be provided with our delivery partner tracking code through which you can monitor the progress of your package in transit.  

It is the responsibility of the customer to inform us if an order does not arrive. Once we learn an order has not arrived, we will lodge enquiries with our delivery partners to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.

UNDELIVERED SHIPMENTS
In the instance that our delivery partner states that your package has been delivered but you have not received your items, please contact us. Once the package is in the hands of our delivery partner, they become liable for the safe delivery of your items. If a package isn’t properly delivered, upon notification from the customer, we will open up a case with our delivery partner. Please allow 2 weeks for us to investigate and arrive at a resolution. If you do not receive your order within the 2 weeks of investigation, we’ll provide you with the option of either reshipping your order or giving you store credit. A refund will not be issued.

HEALTH AND MEDICAL DISCLAIMER

All rights reserved. No information on this website should be considered a substitute for professional medical care. The nutritional information mentioned in this website is not intended as a substitute for consulting your physician. Any attempt to diagnose and treat an illness should come under the direction of a physician who is familiar with nutritional therapy. No guarantees are made for the effectiveness of any products mentioned in this website. Nutritional benefits may vary from one person to another. The information here is designed to help you make informed choices about your health. They are strictly nutritional ideas. By using this website, you agree that you have read our disclaimer, and that you accept the terms of this notice. Phytocopeia provides information on this website that is strictly for educational or general informational purposes only, which is implicitly not to be construed as medical advice. We make no claims with respect to the accuracy of the information contained on this site which was obtained from any reference materials, journals, magazines, health websites, or any other source.
You should always consider speaking with a healthcare professional before taking any dietary or nutritional supplement.

You should note that:

  • We do not warrant and shall have no liability for information provided in this site regarding recommendations concerning supplements for any and all health purposes. The information in this website including all pages under “www.phytocopeia.com” is provided only as a guideline to be used when discussing a program with a healthcare professional.

  • Phytocopeia makes no guarantee or warranty, express or implied, with respect to any products sold, including any warranty of salebility or fitness for a particular purpose.

  • Any links to third party websites and the information they contain are not the responsibility of www.phytocopeia.com. We make no endorsements for any third party links and do not warrant the accuracy of any information contained therein.

  • Due to Customs regulations, state or local government restrictions, or other rules and regulations of foreign countries, some or all products contained on this website may not be available in your area, or outside Canada.

  • International customers agree to be sure of the following and must accept these terms: all rules of Customs and clearance to receive our products are the sole responsibility of the customer, and not Phytocopeia. Phytocopeia is not responsible and cannot be held liable for packages which are confiscated by Customs, or misuse of the products. We will not replace any items seized by the customs department of any country outside the Canada. All items shipped to countries outside Canada are shipped totally at the risk of the customer, and will not necessarily be reimbursed or replaced if the items are lost, stolen, or confiscated. We reserve the right to add insurance to any order being shipped outside Canada to protect the interests of both Phytocopeia and you the consumer.

The products sold on this site have speculative benefits and could have side effects. This is true of any health supplement or over the counter product. Because the human body reacts differently to supplements for different people, just as prescription medications could, Phytocopeia does not warrant the accuracy of the information or guarantee the claims, benefits or safety of specific products sold. Please consult with a healthcare professional before starting any weight loss program, change in eating habits, diet, exercise, or supplementation program.

DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Phytocopeia and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Phytocopeia’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Phytocopeia and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products are endorsed by or connected to Phytocopeia.

INDEMNITY
You agree to indemnify, defend and hold harmless Phytocopeia, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

VARIATION
Phytocopeia shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

INVALIDITY
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

COMPLAINTS
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

WAIVER
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

ENTIRE AGREEMENT
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Phytocopeia. Any waiver of any provision of the Terms of Service will be effective only if in writing and of Phytocopeia.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions of Sale shall be interpreted and governed by the laws in force in the United States. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of the United States and to waive any objections based upon venue.

ARBITRATION

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Sale will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in the United States and governed by American law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in the United States and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

MISCELLANEOUS PROVISIONS

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Sale to any third party is prohibited unless agreed upon in writing by the Phytocopeia.
We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Sale to any third party.

SEVERABILITY

If any provision of the Phytocopeia Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Phytocopeia Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

CONFIDENTIAL INFORMATION

All information furnished or disclosed to Phytocopeia by Buyer in connection with this Order which is identified as “Confidential’ or “Proprietary” is received in confidence, shall remain the property of Buyer and shall not be disclosed to any third party without Buyer’s written consent. Phytocopeia shall not use any such information for any purpose other than to perform this Order, if requested, Phytocopeia shall execute Buyer’s Non-Disclosure Agreement before receipt of any such confidential information. Phytocopeia will return, upon demand, all such confidential information to Buyer upon completion by Phytocopeia of Its obligations hereunder. The obligations of this paragraph shall survive expiration or termination of this Order.

ASSIGNMENT AND SUBCONTRACTING

Phytocopeia shall not delegate or subcontract any duties, nor assign any rights or claims under this Order without the prior written consent of Buyer.

RIGHTS AND REMEDIES

All rights and remedies of Buyer specifically set forth in this Order shall be in addition to any other or further rights and remedies provided at law or in equity. Failure of Buyer to insist upon strict performance of any term or condition of this Order shall not be deemed to be a waiver of Buyer’s rights and remedies.

BREACHES OF THE TERMS AND CONDITIONS

Without prejudice to Phytocopeia other rights under the Terms and Conditions, if you breach the Terms and Conditions in any way, Phytocopeia may take such action as Phytocopeia deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your Internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions of Use or revoke any or all of your rights granted under the Terms and Conditions of Use.

Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part.

Any termination of this agreement shall not affect the respective rights and obligations of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination.

If you are dissatisfied with the Site or with any terms, conditions, rules, policies or guidelines, your sole and exclusive remedy is to discontinue using the Site.

ENQUIRIES AND FURTHER DETAILS

If you would like further clarification on these terms and conditions please send us an email info@phytocopeia.com