Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Phytomerusa Corporation and its parent corporations. The collective work includes works that are licensed to Phytomer Corporation. Copyright 2010 Phytomer Corporation ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with PhytomerUSA.com or purchasing Phytomer products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with PhytomerUSA.com or to purchase Phytomer products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Phytomer Corporation. You further agree not to change or delete any proprietary notices from materials downloaded from the site.



Trademarks
All trademarks, service marks and trade names of Phytomer used in the site are trademarks or registered trademarks of Phytomer Corporation or it's parent Corporations.


Return Policy 
As part of our commitment to you, PhytomerUSA.com has established a 30 day exchange policy. If you are not satisfied with any of the products you purchase from PhytomerUSA.com, you may return the item/s for an exchange or refund if returned within 30 days of when you received the order. Please refer to the following terms and instructions in order to receive a full credit or refund.

1. You must obtain a return authorization number for all returns. To obtain a return authorization number, please fill out a product return authorization request form and email it to info@ Phytomerusa.com. For your convenience, you may use this web-form *(Form needs to be added)*. Or, you may contact us by phone at (801) 284-8200 or toll free at (800) 227-8051. Within a few business days following your request, you will receive notification regarding a return authorization number. After you have obtained a return authorization number, please be sure to include it on the outside of the shipping box. Include a copy of the product return form with the items you are returning.

2. Carefully pack up all product and merchandise being returned. Make sure to include all corresponding printed material, accessories, any gift with purchase items or samples that were associated with your purchase as well as the original packaging. If these items are not included with your return, you will not be eligible for an exchange or refund.

3. To ensure that your return package is received by PhytomerUSA.com, we recommend that you use a shipping method with tracking and insurance. You are responsible for shipping charges on the returned merchandise except in the case of mis-shipped product, defective merchandise or the goods were damaged upon receipt.

4. We regret that shipping fees are not eligible for credit or refund unless the original items were either shipped incorrectly by Phytomerusa.com or damaged upon receipt of goods. All other shipping charges are non-refundable. 

5. Full credit will only be considered on items which at least 75% of the product is remaining in the container. . 

6. All returns are subject to inspection. Returns that do not meet the return policy criteria will not qualify for a refund and may be returned at the customer’s expense or destroyed or disposed of upon request. 

7. Returned Product should be sent to:

Phytomer Corporation
2550 South 2300 West, Suite 14
West Valley City, UT 84119



Back Orders
Phytomer Corporation automatically ships all back ordered items upon arrival at its warehouse. Please notify Phytomer Corporation in writing if you want to cancel any back ordered items. Such notice shall occur prior to the Phytomer back order ship date.


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Phytomer Corporation disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Phytomer Corporation does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Phytomer Corporation does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Phytomer Corporation shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Phytomer Corporation has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Phytomer product is mistakenly listed at an incorrect price, Phytomer Corporation reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Phytomer Corporation reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Phytomer Corporation shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Phytomer Corporation without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Phytomer Corporation reserves the right to accept or decline any or all parts of an order. Previous shipments do not obligate Phytomer Corporation to continue servicing or selling to any account.


Notice
Phytomer Corporation may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to PhytomerUSA.com.


Hours of Operation

Phytomer Corporation is open Monday-Friday, 9:00 a.m. to 5:00 p.m. mountain standard time with the exception of certain holidays. If an order is placed during one of these dates, it will be processed on the next business day.

Phytomer Corporation is generally closed on:

• New Year’s Day: January 1

• Memorial Day

• Independence Day: July 4

• Utah Pioneer Day: July 24

• Labor Day

• Thanksgiving Day

• Friday following Thanksgiving Day

• Christmas Eve Day: December 24

• Christmas Day: December 25

Generally if the holiday falls on a Saturday Phytomer Corporation will be closed on the Friday before; if the holiday falls on a Sunday, Phytomer Corporation will be closed the Monday following the holiday.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Utah, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Phytomer products) shall be in the state or federal courts located in Salt Lake City, Utah. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Phytomerusa.com products) must be commenced within one (1) year after the claim or cause of action arises. Phytomer Corporations failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Phytomer Corporation may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Phytomer or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Phytomer Corporation does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Phytomer Corporation is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Phytomer Corporation reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Phytomer Corporation in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Phytomer Corporation, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' 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.


Third-Party Links
In an attempt to provide increased value to our visitors, Phytomer Corporation may link to sites operated by third parties. However, even if the third party is affiliated with Phytomer Corporation, Phytomer Corporation has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Phytomer Corporation. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Phytomer Corporation seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


Eligibility

You must be 18 years of age or older to use this site. You must be 18 years of age or older to register, shop, or order products on this site. By doing so, you acknowledge that you are 18 years of age or older.