Welcome to Phytoextractum's online store! Phytoextractum and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Phytoextractum or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Phytoextractum or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Phytoextractum with copyright authorship for this collection by Phytoextractum and protected by U.S. and international copyright laws. The software application provider and author for "Zen-Cart", is used under the GNU GENERAL PUBLIC LICENSE and all original authorship and credit for Zen-Cart remains the intellectual rights of www.zen-cart.com.
TRADEMARKS
Phytoextractum trademarks and trade dress may not be used in connection with any product or service that is not Phytoextractum, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Phytoextractum. All other trademarks not owned by Phytoextractum or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Phytoextractum or its subsidiaries.
LICENSE AND SITE ACCESS
Phytoextractum grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Phytoextractum. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Phytoextractum. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Phytoextractum and our associates without express written consent. You may not use any meta tags or any other ":hidden text": utilizing Phytoextractum name or trademarks without the express written consent of Phytoextractum. Any unauthorized use terminates the permission or license granted by Phytoextractum. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Phytoextractum so long as the link does not portray Phytoextractum its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Phytoextractum logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your own computer. You agree to accept responsibility for all activities that occur under your account or password. If you are under the age of 18, you may not use our website for purchases of any kind. If you are under the age of 18, you may only use our site with the involvement of a parent or guardian and for informational purposes only. Phytoextractum and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content, submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Phytoextractum reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Phytoextractum and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Phytoextractum and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Phytoextractum or its associates for all claims resulting from content you supply. Phytoextractum has the right but not the obligation to monitor and edit or remove any activity or content. Phytoextractum takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Phytoextractum are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the courier.
PRODUCT DESCRIPTIONS
Phytoextractum and all associates attempt to be as accurate as possible. However, Phytoextractum does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Phytoextractum itself is not as described, your sole remedy is to return it in an unused condition.
PRODUCT USE AND MISUSE
The products sold by Phytoextractum are not intended for human consumption. Buyer acknowledges that these products may not have been tested for safety and efficacy in commercial or any other use. The products may contain poisonous toxins or chemicals which may be harmful if misused. Due care should be exercised with all products to prevent direct human contact. Only qualified, trained professionals who are familiar with the hazards associated with Phytoextractum products should handle said items.
Phytoextractum products are sold exclusively to the buyer under the condition that they will not be adulterated, mislabeled, or used as precursor materials for any scheduled materials.
The products or historical information on or through this site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease. The historical data provided on this site is for information purposes only and is not intended to be used as a substitute for advice from your physician or other health care 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.
By purchasing any material from Phytoextractum you acknowledge that you are over the age of (18) eighteen, employed by, for, or own a research company, are a legitimate scientific researcher with suitable laboratory resources and skilled in the art of handling hazardous materials.
Purchaser has the responsibility for fully researching and complying with the state and federal regulations of their own country of residence.
LIVE PLANTS
Phytoextractum guarantees that live plants will arrive alive and healthy granted that the following conditions are met:
- Your package is shipped via USPS Express.
- Your package is hand-delivered on the first attempt or provided a safe location for delivery.
- Your package is immediately opened upon arrival and the contents cared for as specified in the enclosed care instructions.
- Your package is not left exposed to the elements (or any other extremes) upon delivery.
- You report any damage to us within three (3) days of receipt of package.
We do not require that the customer opt for Express shipping when placing an order, however we do require that the customer assumes 100% responsibility on all live plant orders placed without USPS Express shipping.
As we have no control over the customer's abilities as a grower, Phytoextractum warrants only the safe-delivery of our plants and not their continued survival once in the possession of the customer.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY PHYTOEXTRACTUM ON AN "AS IS" AND "AS AVAILABLE" BASIS. PHYTOEXTRACTUM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PHYTOEXTRACTUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PHYTOEXTRACTUM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM PHYTOEXTRACTUM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PHYTOEXTRACTUM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Phytoextractum you agree that the laws of the state of Idaho and the United States of America, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Phytoextractum or its associates.
DISPUTES
Any dispute relating in any way to your visit to Phytoextractum or to products you purchase through Phytoextractum shall be submitted to confidential arbitration in Idaho, except that, to the extent you have in any manner violated or threatened to violate Phytoextractum intellectual property rights, Phytoextractum may seek injunctive or other appropriate relief in any state or federal court in the state of Idaho, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
INDEMNITY
Buyer shall indemnify, defend, and hold harmless Phytoextractum and its employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that Phytoextractum may sustain or incur arising from (a) Buyer's use of the products (including without limitation to storage, handling, and transportation of products), (b) use of the products by a third party with Buyer's authorization, (c) use of the products by a third party without Buyer's authorization, where such unauthorized use is due to Buyer's negligent act or omission, or willful misconduct, (d) Buyer's failure to comply with any applicable laws and regulations (including without limitation those regarding the export of products or technology abroad, the Toxic Substance Control Act, and the Emergency Planning and Community Right-to-Know Act of 1986, or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase and use the products), or (e) the Buyer's breach of any of its obligations set forth in these Terms or in the Agreement. Phytoextractum will provide Buyer with: (i) prompt written notice of such claim of which Phytoextractum is aware; (ii) control over the defense and settlement of such claim; and (iii) proper and full information and assistance at Buyer's expense to settle and/or defend any such claim. Notwithstanding the foregoing, Buyer shall not settle any such claim, suit or proceeding without the written consent of Phytoextractum, which shall not be unreasonably withheld.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Phytoextractum. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
QUESTIONS:
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu. Or you can email us at customerservice@phytoextractum.com.
