Terms of Service

Online Business Model

Definitions

1. Resale Rules

PHYCOMANIA PLC supplies the Goods for personal use and not for unauthorized resale or any other commercial purpose without proper authorization. By submitting an Order You agree that You shall not either directly or indirectly export or resell the Goods or any product incorporating the Goods without obtaining proper distribution rights from PHYCOMANIA PLC.

Promoters (athletes, influencers, therapists etc) may receive promo codes that provide discounts on orders placed by their referrals, subject to specific promotional agreements with PHYCOMANIA PLC.

2. Website Registration

(1) To place an Order, You will need to register as a Customer and no person may use another Customer's account without their express permission. When completing Your registration, You must provide accurate personal information such as Your name, address, contact details, and a valid email address. You agree to provide accurate and complete information and to keep this information current. As a Customer, You are solely responsible for any activity that occurs on Your account, and it is your responsibility to keep Your account password secure. If You suspect or become aware that Your password has been compromised or of any unauthorized use of Your account You must notify us immediately.

3. Offer and Acceptance

The display of Goods on the Website does not constitute an offer to sell. It is an invitation to treat only and orders placed by you are offers to purchase particular Goods under the terms and conditions in this Agreement at the Price specified (including delivery and other charges). PHYCOMANIA PLC reserves the right to accept or reject Your Offer for any reason (or no reason) including, but not limited to, the unavailability of Goods, an error in the Price or Goods description, or an error in your Order.

PHYCOMANIA PLC may cancel or suspend at any time an Order due to inability to authorize a payment, a discovery of an incorrect item Price, or any other reason, as we see fit. An Order submitted by you on the Website is an Offer by You to purchase Goods for the Price specified at the time you submit an Order. PHYCOMANIA PLC is entitled to accept the Offer within two weeks. Submitting an Order for the Goods You acknowledge that:

• all information relating to the Goods and any material produced by PHYCOMANIA PLC is supplied in good faith and any error in any quote, sales literature or other document or information issued by PHYCOMANIA PLC or placed upon the Website may be corrected without any liability to PHYCOMANIA PLC;
• If the Price of the Goods or a material difference in the specification of Goods is varied You have right to cancel Your Order and a refund of the Price plus the reasonable and applicable cost of carrier.

PHYCOMANIA PLC reserves the right to increase the Price of the Goods to reflect any increase in the cost to PHYCOMANIA PLC which is due to any factor beyond the control of PHYCOMANIA PLC (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, shipping cost or material increase in the costs of the Goods to PHYCOMANIA PLC).

PHYCOMANIA PLC may make any changes in the specification of the Goods/Ingredients to conform with any applicable statutory or regulatory requirements or, where the Goods are to be supplied to PHYCOMANIA PLC's specification, which do not materially affect their quality or performance (or where any particular Goods are unavailable, to substitute for the Goods ordered other Goods which are substantially similar in nature and price).

PHYCOMANIA PLC reserves the right to notify You that the Goods for which You place orders have become unavailable. Subject to these terms and conditions, in the event that You order a product from the Website and PHYCOMANIA PLC later informs You that PHYCOMANIA PLC no longer stock the Goods or can't provide that You had originally ordered, PHYCOMANIA PLC will provide You with a credit or refund to the value of the Goods that was not supplied to You, including the delivery fee.

4. Prices and Payment

The Price of the Goods is quoted on the Website. All prices displayed on this platform are EXCLUSIVE OF VAT and any applicable import duties or taxes. The final amount payable will be calculated at checkout and includes:

• Product price (VAT exclusive)
• Kenya VAT (16%) for shipments to Kenya
• Applicable import duties and taxes for international shipments
• Shipping and handling fees from the UK
• Any courier service charges

Payments must be received in full at the time of placing the Order and if Your payment is not received or declined by Your bank or credit card issuer, we cannot hold Goods on Your behalf or begin to process any Goods ordered by You.

PHYCOMANIA PLC retains ownership of goods ordered through the Website until payment is received in full and the risk in all Goods, such as loss or damage, passes to you upon dispatch from our distributor's warehouse in the United Kingdom.

5. Delivery & International Shipping

All Goods are distributed and shipped internationally by our authorized distributor SBResolute LTD from the United Kingdom. PHYCOMANIA PLC will do its best to provide orders within the stated timeframes for dispatch and delivery, however international shipping times may vary and PHYCOMANIA PLC cannot guarantee exact delivery dates.

Shipping Process:

• All orders are processed and shipped from the United Kingdom
• Delivery times vary by destination country
• Tracking information is provided for all shipments
• Customs clearance may be required for international shipments
• Any customs duties or import taxes are the customer's responsibility

NO PERSONAL COLLECTION: There is no option for personal collection of Goods. All products are delivered via courier services, and a signature may be required at delivery per the carrier's policies.

You need to take into consideration the specific nature of the main ingredient Phycocyanin, which is freshly farmed by the manufacturer Phycomania S.R.O. The cultivation time for this is in general about 4 weeks, but can be considerably longer due to uncontrollable external influences. In this respect, such production delays cannot constitute a delay in delivery.

6. Testing, Quality Assurance

All products distributed by PHYCOMANIA PLC in Kenya undergo mandatory quality assurance testing and certification by the Kenya Bureau of Standards (KEBS) in accordance with Kenyan regulatory requirements. KEBS certification ensures that all products meet the required safety, quality, and labeling standards for distribution in Kenya.

PHYCOMANIA PLC through its distributor SBResolute LTD ensures that all products distributed in Kenya possess valid KEBS certification and meet the quality standards required for consumer safety. The manufacturer PHYCOMANIA S.R.O. maintains its own quality control systems, but final approval for sale in Kenya is subject to KEBS certification.

7. Acceptance of the Products

You are required to inspect the Goods upon delivery, and will accept or reject such Goods in accordance with the following terms.

The Goods delivered by PHYCOMANIA PLC should be inspected by You within seven (7) days of receipt at the delivery address. The Goods not rejected during such seven (7) day period will be deemed accepted.

PHYCOMANIA PLC is not obliged to provide a refund or allow an exchange simply because You changed your mind about a purchase, so please ensure that You place your order carefully. Refunds and exchanges are subject to our Returns Policy available on the website.

8. Indemnification

You agree to indemnify, defend and hold harmless PHYCOMANIA PLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

9. Disclaimer of Warranties and Limitation of Liability

PHYCOMANIA PLC disclaims all implied warranties and similar obligations which extend beyond those express warranties contained in the Agreement. The Goods delivered to You are (except as expressly stated by us) provided 'as is' and 'as available' for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall PHYCOMANIA PLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any Goods, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, PHYCOMANIA PLC's liability shall be limited to the value of the Goods You ordered.

10. Applicable law, Jurisdiction

(1) This contract shall be governed by and construed in accordance with the laws of the Republic of Kenya.

(2) Place of performance and exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be Nairobi, Kenya.