Terms and Conditions | PhytOptima
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Terms and Conditions

Phytoptima, a California Limited Liability Company is pleased to provide the following Terms and Conditions that apply to this Web Site inclusive of all sales and transactions conducted through the site.

WE REQUEST THAT THE FOLLOWING TERMS AND CONDITIONS ARE READ PRIOR TO USING THIS WEBSITE.  All users and subscribers of this site agree that access and use of this site is subject to the following terms and conditions and all other applicable laws as they may pertain to our products.  By using this site you agree and accept these TERMS AND CONDITIONS, including, without limitation, Warranty Disclaimer and Limitations of Liability as set forth herein below.  If you do not use these TERMS AND CONDITIONS, please do not use this site.

SHIPPING and DELIVERY:
Phytoptima, LLC generally ships all products within one or two business days of our receipt and acceptance of an order.  Occasionally, due to high demand OR delays affecting our shipping ability, we will attempt to inform our customers by postings on our web site.  We fill all domestic orders using the United States Postal Service PRIORITY MAIL which generally results in delivery within two or three days.

PRICES and TAXES:
Prices posted on our web site for products, unless otherwise noted, are exclusive of shipping charges, and of any applicable value-added, sales, use, excise, transfer, transport, or other tax, tariff or duty of any sort imposed by any government authority. (“Taxes”).  Customers are solely responsible for all Taxes payable in connection with the provision of products or services.

PROMOTIONS, DISCOUNTS and COUPON CODES:
Multiple coupon codes cannot be used simultaneously.  When buying in bulk volume, the coupon codes will not be accepted.

RETURN POLICY:
We at Phytoptima value all our clients and their needs and want you to get exactly what you want and need.  If, for any reason you are not satisfied with our product, you may get a full refund upon return of the unused portion.  This policy is for our small 1 ounce size bottle or ½ ounce balm tin.  This does not apply to any larger sizes, so we suggest you try smaller sizes if you are unsure of your needs.

MEDICAL and HEALTH DISCLAIMER:
This website contains general information about health, nutritional and other physiological disorders.  This information is NOT advice, and should not be treated as such.  The general information on this website is provided “as is” without representations or warranties, express or implied.  Phytoptima makes no representations or warranties relative to medical information on this website.

INDEMNIFICATION:
You agree to indemnify, defend and hold harmless Phytoptima, its officers, directors, employees, agents, licensors, manufacturers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney’s fees resulting from any violation of these TERMS and CONDITIONS or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your internet account.

TRADEMARKS:
All trademarks, service marks and trade names of Phytoptima used in the site are trademarks or registered trademarks of Phytoptima, LLC and FLORIZON.

INTERNATIONAL SALES:
Phytoptima products are shipped worldwide.  All international sales are subject to all applicable U. S. and foreign export controls (including, without limitation, the Export Administration Act of 1979, the Export Administration Regulations promulgated thereunder, the U.S. Arms Export Control Act and the International Traffic in Arms Regulations), and by placing an order through this website, you affirm that you will comply with all such applicable export controls and regulations.

WARRANTY DISLAIMER:
PHYTOPTIMA, LLC MAKES NO WARRANTY WITH RESPECT TO PRODUCTS, SERVICES OR THIS WEB SITE THAT’S NOT SET FORTH IN WRITING IN THESE TERMS AND CONDITIONS, AND SPECIFICALLY DISCLAIMS AND EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHATABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  THE REMEDIES PROVIDED ARE EXCLUSIVE, AND PHYTOPTIMA, LLC EXPRESSLY AND SPECIFICALLY DISCLAIMS, AND CUSTOMER IRREVOCABLY WAIVES, THE RIGHT TO SEEK, ALL OTHER REMEDIES.

Phytoptima does not represent or warrant that the functions contained in this site will be un-interrupted or error-free that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.

Phytoptima does not make any warranties or representations regarding the use of materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

LIMITATION OF LIABILITY:
IN NO EVENT SHALL PHYTOPTIMA, LLC BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE, PROFITS, VALUE OR USE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY THEROF, OR PUNITIVE OR EXEMPLARY DAMAGES.  NO PERSON IS AUTHORIZED ON BEHALF OF PHYTOPTIMA TO GIVE ANY OTHER REPRESENTATIONS, OR TO EXTEND OR TO MODIFY THE LIMITED WARRANTIES PROVIDED ON THIS WEB SITE, OR TO ASSUME ANY OTHER LIABILITY IN CONNECTION WITH THIS WEB SITE OR THE PRODUCTS OFFERED FOR SALE BY PHYTOPTIMA.  PHYTOPTIMA’S TOTAL LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, WARRANTY OR TORT (EXCLUDING WILLFUL MISCONDUCT OR GROSS NEGLIGENCE) WILL NOT EXCEED THE PRICE PAID FOR THE PRODUCT OR SERVICE WHICH GIVES RISE TO SUCH CLAIM.