Terms of Service
These Terms of Service (“Terms”) describe the rules that apply when you use the website, products, and services provided by PHYTIX LLC (“PHYTIX”, “we”, “us”, “our”).
By visiting our site or making a purchase, you agree to be bound by these Terms and by our Privacy Policy and Refund & Return Policy, which are incorporated by reference. If you do not agree, please do not use our Services.
“Services” means our website, online store, and all related content, features, tools, and customer support.
SECTION 1 – OVERVIEW
These Terms of Service (“Terms”) describe the rules that apply when you use the website, products and services provided by PHYTIX LLC (“PHYTIX”, “we”, “us”, “our”).
We provide these Terms so that both you and we have a clear understanding of our respective rights and responsibilities. By visiting our site or making a purchase, you are deemed to have read and agreed to these Terms and our Privacy Policy.
SECTION 2 – ELIGIBILITY & ACCOUNT INFORMATION
By using our Services, you represent that you are at least the age of majority in your place of residence, and that you have the legal capacity to enter into a binding contract.
If you create an account or place an order, you agree to provide true, accurate, current and complete information, and to keep this information up to date. You are responsible for maintaining the confidentiality of your login details and for all activities that occur under your account.
SECTION 3 – PRODUCTS & INFORMATION ACCURACY
Our store focuses on lighting products and related accessories. We aim to describe and present our products as accurately as possible, including colors, materials, dimensions, and features.
However, the actual product you receive may vary slightly from the images or descriptions due to screen settings, lighting conditions, or normal production tolerances. Such minor differences do not affect the basic performance or functionality of the product.
We may update product information, availability and prices from time to time to reflect improvements or changes.
SECTION 4 – ORDERS, CONFIRMATION & CANCELLATION
When you place an order, you are making an offer to purchase the selected items from PHYTIX. We reserve the right, in our reasonable discretion, to accept or decline any order (for example, in cases of suspected fraud, incorrect pricing, or product unavailability).
An order is considered accepted only after payment has been successfully processed and we send you an order confirmation email. Because we start preparing your order as soon as possible, it may not be possible to cancel or modify your order once it has been accepted.
All purchases are also subject to our Refund & Return Policy, which forms part of these Terms.
SECTION 5 – PRICING, TAXES & PAYMENTS
All prices shown in our store are in the currency indicated on the site. We may adjust prices, promotions and discounts from time to time. Changes will not affect orders that have already been accepted.
Unless otherwise expressly stated at checkout, prices do not include any applicable taxes, duties or other government charges that may apply in your location. You are responsible for such charges where applicable.
By providing a payment method, you represent that you are authorized to use it and that the information you provide is accurate. You authorize us (or our payment processor) to charge the full amount of your order, including any applicable taxes or fees.
SECTION 6 – 1-YEAR LIMITED WARRANTY
To provide you with additional peace of mind, PHYTIX offers a 1-year limited warranty from the date of delivery, covering defects in materials and workmanship under normal, intended use.
This warranty does not cover, for example: damage caused by misuse or improper installation, accidents, water ingress, unauthorized modification or repair, normal wear and tear, or purely cosmetic issues that do not affect function.
If you believe your product has a warranty issue, please contact us with your proof of purchase and clear photos or videos of the issue. Where the warranty applies, PHYTIX may, at our reasonable discretion and to the extent permitted by law, choose to repair the product, replace it with the same or similar model, or provide a partial or full refund.
SECTION 7 – INTELLECTUAL PROPERTY
The PHYTIX name, trademarks, logos, product designs, images, text and other content on our website are owned by or licensed to PHYTIX and are protected by intellectual property laws.
You may view or print content for your personal, non-commercial use only. You may not copy, redistribute, modify, create derivative works from, or use our content for commercial purposes without our prior written consent.
SECTION 8 – OPTIONAL THIRD-PARTY TOOLS
From time to time, we may provide access to tools or features operated by third parties (for example, analytics tools, review widgets, or payment services). These tools are provided “as is” and “as available”. We do not control how these third parties operate, and we are not responsible for any issues arising from your use of such tools.
We recommend that you review any additional terms or privacy policies that apply to these third-party services before using them.
SECTION 9 – THIRD-PARTY WEBSITES & CONTENT
Our Services may contain links to websites, content or services that are not owned or controlled by PHYTIX. We provide these links for convenience only and do not endorse or guarantee them.
If you choose to visit any third-party site, you do so at your own discretion and risk. Any questions or concerns regarding third-party content should be directed to those third parties.
SECTION 10 – RELATIONSHIP WITH SHOPIFY
Our store is hosted on the Shopify platform, which provides the technical infrastructure that enables us to sell our products online. While Shopify supports the operation of our store, your purchase is made directly from PHYTIX LLC.
Accordingly, PHYTIX is responsible for the products, services and customer support we provide, and you agree that Shopify is not liable for claims arising out of your transactions with us.
SECTION 11 – PRIVACY & DATA PROTECTION
We care about the protection of your personal information. The collection and use of your data are governed by our Privacy Policy, which explains what information we collect, how we use it, and the choices you have.
Because our store is hosted by Shopify, certain personal data will also be processed by Shopify in accordance with its own privacy policy. By using our Services, you acknowledge that your information may be transferred to and processed in other countries where Shopify or its service providers operate.
SECTION 12 – FEEDBACK, REVIEWS & SUGGESTIONS
We welcome your comments, reviews and suggestions about our products and Services (“Feedback”). By submitting Feedback, you grant PHYTIX a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish and display such Feedback for legitimate business purposes, including improving our products and Services.
We will not treat Feedback as confidential information, and we are not obligated to compensate you for providing it. You are responsible for ensuring that your Feedback is honest, lawful and does not infringe any third-party rights.
SECTION 13 – ERRORS, CHANGES & UPDATES
Occasionally, our site or communications may contain typographical errors, inaccuracies or omissions (for example, relating to product descriptions, pricing or availability). We reserve the right, to the extent permitted by law, to correct any such errors and to update or change information at any time, including after an order has been submitted.
If a correction affects your existing order in a material way, we will endeavor to contact you using the contact details you provided and work with you on a reasonable solution.
SECTION 14 – ACCEPTABLE USE & PROHIBITED CONDUCT
We provide our Services for lawful, personal and non-commercial use. You agree not to use the Services in any way that:
• violates any applicable law or regulation;
• infringes the rights of others, including privacy, publicity or intellectual property rights;
• involves fraud, deception, or misuse of our products or Services;
• introduces viruses, malware or other harmful code, or attempts to interfere with the security or normal operation of the Services;
• involves automated scraping or data harvesting without our permission.
SECTION 15 – SUSPENSION & TERMINATION OF SERVICES
We hope you enjoy using our Services, but in certain situations we may need to suspend or terminate access—for example, where there is suspected fraud, repeated violation of these Terms, or abuse of our systems.
Where reasonable and practicable, we will provide notice before taking such action; however, we may act without prior notice where immediate action is necessary (for instance, to comply with legal requirements or protect other users).
Termination of access does not affect any obligations or rights that have already arisen prior to termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
We aim to provide reliable Services and quality products. Nevertheless, to the maximum extent permitted by applicable law, the Services and all products are provided on an “as is” and “as available” basis, without any guarantees or warranties that are not expressly stated in these Terms or in the applicable warranty documentation.
Nothing in these Terms is intended to limit any non-excludable consumer rights that you may have under the laws of your jurisdiction.
SECTION 17 – LIMITATION OF LIABILITY
To the extent permitted by applicable law, PHYTIX LLC and its officers, employees, and partners will not be liable for any indirect, incidental, special, or consequential damages (such as loss of profits, revenue, data or goodwill) arising out of or related to your use of the Services or products.
In any event, and to the maximum extent allowed by law, our total liability for any claim arising from these Terms or your use of the Services will not exceed the total amount you actually paid to PHYTIX for the order giving rise to the claim.
SECTION 18 – INDEMNIFICATION
You agree, to the extent permitted by law, to indemnify and hold harmless PHYTIX LLC and its affiliates, officers and employees from and against any third-party claims, damages or expenses (including reasonable legal fees) arising out of your breach of these Terms or your misuse of the Services.
SECTION 19 – SEVERABILITY
If any provision of these Terms is held to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
SECTION 20 – WAIVER & ENTIRE AGREEMENT
Our failure to exercise or enforce any right under these Terms does not constitute a waiver of such right.
These Terms, together with any policies referenced herein (such as our Privacy Policy and Refund Policy), constitute the entire agreement between you and PHYTIX regarding your use of the Services.
SECTION 21 – ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to another entity, for example in connection with a merger, acquisition or restructuring.
SECTION 22 – GOVERNING LAW (STATE OF WYOMING, USA)
These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of the State of Wyoming, USA, without regard to its conflict-of-laws rules, to the extent permitted by applicable law.
SECTION 23 – MANDATORY BINDING ARBITRATION & CLASS ACTION WAIVER
To provide a more efficient and predictable way to resolve disputes, you and PHYTIX agree that, except where prohibited by law, any dispute or claim arising out of or relating to these Terms or your use of the Services will be resolved exclusively through individual, binding and confidential arbitration, and not in court.
By agreeing to this section, you and PHYTIX both waive the right to:
• a court trial or jury trial;
• participate in a class action lawsuit or class arbitration;
• bring claims on behalf of others, or to consolidate your claims with those of others.
The arbitration will be administered by the American Arbitration Association (AAA) under its applicable rules and governed by the Federal Arbitration Act (FAA). The arbitration will be conducted by a single neutral arbitrator.
The arbitrator will apply the substantive law of the State of Wyoming, to the extent consistent with the FAA, and will have the exclusive authority to decide issues relating to the scope and enforceability of this arbitration provision.The arbitrator may award any remedy that would be available in a court under applicable law, including compensatory damages, injunctive relief, attorneys’ fees and other equitable relief, where appropriate.
This section is intended to be interpreted broadly, but it does not prevent you from raising issues with applicable consumer protection authorities where such rights exist.
SECTION 24 – HOW TO OPT OUT OF ARBITRATION
We believe arbitration is a fair and efficient way to resolve disputes, but we also respect your choice. If you prefer not to be bound by the arbitration agreement in Section 23, you may opt out as follows:
You must send us a physical letter within 30 days of the date of your first purchase from PHYTIX, clearly stating that you wish to opt out of the arbitration agreement.
Your letter should include:
• your full name;
• your billing address;
• the email address associated with your orders;
• your order number(s);
• a clear statement such as “I wish to opt out of the arbitration agreement in the PHYTIX Terms of Service.”
Please contact our customer support to obtain the current mailing address for such opt-out notices.
Requests sent by email, live chat or any method other than physical mail will not be considered a valid opt-out.
SECTION 25 – CONTACT INFORMATION
If you have any questions about these Terms, our products, or our policies, you are welcome to contact us: support@phytix.com