1. Agreement to Terms
These Terms of Use constitute a legally binding agreement between you and Phythraxzak ("Company," "we," "us," or "our") concerning your access to and use of the phythraxzak.world website and any related services (collectively, the "Website").
By accessing or using the Website, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree with any part of these terms, you must not use our Website.
We reserve the right to modify these Terms of Use at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Website after changes are posted constitutes your acceptance of the modified terms.
2. Company Information
Company Name: Phythraxzak
Registered Address: Stationsplein 6, 4811 BB Breda, Netherlands
Contact Email: ask@phythraxzak.world
Contact Phone: +31 76 579 7000
3. Eligibility and User Accounts
3.1 Age Requirement
You must be at least 18 years of age to use our Website and purchase our products. By using the Website, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms of Use.
3.2 Account Registration
While browsing our Website does not require registration, certain features may require you to create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password and account credentials
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
3.3 Account Termination
We reserve the right to suspend or terminate your account at any time if we believe you have violated these Terms of Use or engaged in fraudulent, illegal, or harmful activities.
4. Product Information and Orders
4.1 Product Descriptions
We strive to provide accurate product descriptions, images, and information. However, we do not warrant that product descriptions, images, pricing, or other content on the Website is accurate, complete, reliable, current, or error-free.
4.2 Product Availability
All products are subject to availability. We reserve the right to discontinue any product at any time without notice. In the event a product is unavailable after you place an order, we will notify you and provide a full refund.
4.3 Pricing
All prices are displayed in Euros and include applicable VAT unless otherwise stated. We reserve the right to change prices at any time without prior notice. Price changes will not affect orders that have already been confirmed.
4.4 Order Acceptance
Your order constitutes an offer to purchase products from us. We reserve the right to accept or decline your order for any reason, including but not limited to:
- Product availability
- Errors in product or pricing information
- Suspected fraudulent activity
- Inability to verify payment information
- Restrictions on quantities available for purchase
An order confirmation email does not constitute our acceptance of your order. We accept your order when we ship the products to you.
4.5 Payment
Payment must be made at the time of order placement using one of our accepted payment methods. By providing payment information, you represent and warrant that:
- You are authorized to use the payment method
- The payment information is accurate and current
- You will pay all charges incurred by you or on your behalf
5. Shipping and Delivery
5.1 Shipping Policy
We ship to addresses within the Netherlands and select European countries. Shipping costs and estimated delivery times are provided during the checkout process. Delivery times are estimates and not guaranteed.
5.2 Risk of Loss
All products purchased from us are shipped pursuant to a shipment contract. Risk of loss and title for products pass to you upon delivery to the carrier.
5.3 Delivery Issues
You are responsible for providing an accurate shipping address. We are not liable for delays or non-delivery resulting from incorrect address information. If a package is returned to us due to an incorrect address or failed delivery attempts, you may be responsible for additional shipping charges for reshipment.
6. Returns and Refunds
Our return and refund policy is detailed in our separate Return Policy document. Please review the Return Policy for complete information about returning products and obtaining refunds.
7. Product Use and Disclaimers
7.1 Dietary Supplement Disclaimer
Our products are dietary supplements and are not intended to diagnose, treat, cure, or prevent any disease. They are not medicines and do not require a prescription. The information provided on our Website is for informational purposes only and should not be considered medical advice.
7.2 Individual Results
Results from using our products are strictly individual and depend on various factors including but not limited to lifestyle, diet, exercise, genetics, and individual body characteristics. We make no guarantees regarding specific results or outcomes.
7.3 Medical Consultation
Before using our products, you should consult with a qualified healthcare professional, especially if you:
- Have existing health conditions or medical concerns
- Are taking prescription medications
- Are pregnant or nursing
- Are under 18 years of age
- Have allergies to any ingredients
7.4 Proper Use
You agree to use our products only as directed on the product label and in accordance with all applicable laws and regulations. Misuse of our products is strictly prohibited.
8. Intellectual Property Rights
8.1 Ownership
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement) are owned by Phythraxzak, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
8.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes. This license does not include:
- Any resale or commercial use of the Website or its contents
- Collection and use of product listings, descriptions, or prices
- Any derivative use of the Website or its contents
- Downloading or copying of account information for the benefit of another merchant
- Use of data mining, robots, or similar data gathering and extraction tools
8.3 Trademarks
The Phythraxzak name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Phythraxzak. You may not use such marks without our prior written permission.
9. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Violating any applicable laws or regulations
- Infringing upon intellectual property rights
- Transmitting viruses, malware, or other harmful code
- Attempting to gain unauthorized access to the Website or related systems
- Interfering with or disrupting the Website or servers
- Impersonating another person or entity
- Collecting or harvesting personal information from other users
- Using the Website for fraudulent purposes
- Posting false, misleading, or defamatory content
- Engaging in any automated use of the system
- Circumventing security features or access restrictions
- Reverse engineering any aspect of the Website
10. User-Generated Content
10.1 Submissions
The Website may allow you to submit reviews, comments, questions, and other content (collectively, "User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.
10.2 Content Standards
User Content must not:
- Contain false, misleading, or fraudulent information
- Infringe any intellectual property rights
- Violate any laws or regulations
- Be defamatory, obscene, or offensive
- Contain advertising or promotional material
- Impersonate any person or entity
10.3 Monitoring and Removal
We reserve the right, but not the obligation, to monitor, review, and remove User Content that violates these Terms of Use or is otherwise objectionable.
11. Third-Party Links and Services
The Website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any third-party websites or services.
12. Limitation of Liability
To the fullest extent permitted by applicable law, Phythraxzak and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Website
- Any conduct or content of any third party on the Website
- Any content obtained from the Website
- Unauthorized access, use, or alteration of your transmissions or content
In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount you paid to us in the twelve months prior to the claim, or one hundred euros (€100), whichever is greater.
13. Indemnification
You agree to defend, indemnify, and hold harmless Phythraxzak and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms of Use
- Your use of the Website
- Your violation of any rights of another party
- Your violation of any applicable laws or regulations
14. Disclaimer of Warranties
The Website and all products and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:
- Implied warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy, reliability, or completeness of content
- Uninterrupted or error-free operation
- Security or freedom from viruses
15. Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms of Use shall be brought exclusively in the courts located in Breda, Netherlands, and you consent to the personal jurisdiction of such courts.
16. Dispute Resolution
16.1 Informal Resolution
If you have any dispute with us, you agree to first contact us at ask@phythraxzak.world and attempt to resolve the dispute informally. We will work in good faith to resolve any disputes.
16.2 Arbitration
If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms of Use shall be resolved through binding arbitration in accordance with the rules of the Netherlands Arbitration Institute, except where prohibited by law.
17. Severability
If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
18. Waiver
Our failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Phythraxzak.
19. Entire Agreement
These Terms of Use, together with our Privacy Policy, Cookies Policy, and Return Policy, constitute the entire agreement between you and Phythraxzak regarding the use of the Website and supersede all prior agreements and understandings.
20. Assignment
You may not assign or transfer these Terms of Use or your rights hereunder without our prior written consent. We may assign or transfer these Terms of Use without restriction.
21. Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
22. Survival
All provisions of these Terms of Use which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
23. Contact Information
If you have any questions about these Terms of Use, please contact us:
Email: ask@phythraxzak.world
Phone: +31 76 579 7000
Postal Address: Phythraxzak, Stationsplein 6, 4811 BB Breda, Netherlands
24. Language
These Terms of Use are written in English. Any translations provided are for convenience only. In the event of any conflict between the English version and a translation, the English version shall prevail.