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GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE PHEN.COM WEBSITE (SPAIN – February 2019)
The purchase of any products offered on Phen.com website is subject to these Terms and Conditions ("Terms and Conditions of Sale").
Orders may only be placed on the Phen.com website by individual consumers other than for resale. Any resale or distribution of Phen.com products purchased on Phen.com website is strictly prohibited.
Phen.com may update these Terms and Conditions of Sale at any time without prior notice. You can view the most current version of the Terms and Conditions of Sale at any time by clicking on the hyperlink labeled "Terms and Conditions of Sale".
For each order on Phen.com website, your acceptance of the Terms and Conditions of Sale in force at the date of the order will be requested.
Purchase - Terms of ordering
The Phen.com website may be used to order Phen Caps, 5 Star Fat Burner or 5 Star CLA directly online via the Internet.
An order can be placed for one delivery address only.
For each product selected on the Phen.com website, a summary page will be displayed featuring the quantity selected, its unit price and the total amount owed for your order. You should check that this information accurately reflects your selection before confirming your order. Upon confirmation, your order will be submitted to Phen.com for processing. Orders cannot be canceled once they have submitted for processing in the warehouse, which typically takes about 1-2 hours from order placement. If you place an order outside of business hours, we will not be able to act on any cancellation request until the next morning, at which point most orders have already processed.
Phen.com reserves the right not to accept or to cancel your order in our sole discretion for any reason without liability if, among other things, the products are not available, are incorrectly priced or are otherwise incorrectly described. Accordingly, Phen.com shall not be liable for any error or inaccuracy in the photographs or graphical representations of Phen.com products displayed on the Phen.com website. If you have any questions about the products, you may contact our customer service by clicking on the hyperlink labeled "contact us".
Phen.com reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if Phen.com has reasonable cause to suspect that such customer has violated these Terms and Conditions of Sale, or is engaged in any fraudulent activity or for any other legitimate cause.
Phen.com does not use recurring charges: each transaction is unique and concerns solely the products and quantities mentioned on the order. Your credit card details are not detained by Phen.com and your credit card will not be charged recurringly. Should you wish to re-order products on the phen.com website, please place another order.
Purchase - Availability
Our offers of products are valid as they are displayed on the Phen.com website, subject to availability. Instructions about the availability of products are provided at the time of the ordering. At times, errors may exist, especially in case of simultaneous orders of the same product by several customers. In the case of unavailability of a product after ordering, you will be informed by email or by phone as soon as possible, and it will be proposed to you either to order another item shown on the Phen.com website in substitution or to cancel your order.
Phen.com shall not be liable in case of stock outage or unavailability of products.
Phen.com reserves the right to change at any time and without notice the items proposed on the Phen.com website.
Purchase - Order Confirmation
At the end of the ordering procedure, you are invited to click on the "Place Order" button, at which time your order will be transmitted to Phen.com for processing and may not be amended or cancelled except pursuant to the conditions provided for herein the Terms and Conditions of Sale or in conditions provided for pursuant to applicable law. The confirmation of your order means your acceptance of the Terms and Conditions of Sale.
You will receive an order summary.
The data registered by the Phen.com website establish the terms of the transactions between Phen.com and its customers. In the case of a dispute between Phen.com and its customers relating to a transaction entered into using the Phen.com website, the data registered by Phen.com are the terms of the transaction. Notwithstanding, Phen.com reserves the right not to accept or to cancel your order if the products are not available are incorrectly priced or are otherwise incorrectly described.
Purchase - Price Payment
The prices of Phen.com products are indicated in US dollars, excluding taxes and shipping costs (see "Shipping and Delivery").
Phen.com reserves the right to modify the prices of products offered on the Phen.com website at any time without prior notice. You will be charged the prices displayed on the Phen.com website at the time your order was confirmed provided the goods ordered were available at this time, however, Phen.com reserves the right not to accept or to cancel your order if the products are not available, are incorrectly priced or are otherwise incorrectly described.
All promotional offers and discounts are subject to availability, can be changed or withdrawn without notice and will be available for a limited period only. Offers and promotions cannot be combined with other offers unless specified.
You are required to pay for any order placed on the Phen.com website immediately upon confirmation of your order. We only accept payment by credit card, debit card or pre-paid card.
All orders are payable in US dollars. We accept the following charge cards and credit cards: MasterCard®, Visa® and Discover®. Your order will only be dispatched once we have verified your payment method and received authorization to process your payment.
Your charge card or credit card will only be debited when your order is placed.
Purchase - Reservation of title
The ordered products remain the property of Phen.com until full payment is tendered to Phen.com
In case of a payment dispute, you undertake to return the received products to Phen.com immediately upon request, and to assume the risks (in particular the loss, theft or damage) relating to the delivered products.
Shipping and Delivery - Delivery Zone
Goods may be shipped worldwide. However, free shipping options only apply to goods shipped within the United States of America.
Additional customs taxes may be required for countries other than the United States. They are independent of phen.com. Please check with your local customs authorities for more details.
Goods will be shipped to the delivery address specified during the ordering procedure.
Shipping and Delivery - Shipping costs
You will be asked to select the shipment method you would prefer as part of the order procedure.
Delivery costs depend on the value of your order and the delivery service you select.
We always try to minimize shipping costs. You will be offered several shipping options, which will depend on your zip code and the weight of your order. The price will be calculated automatically when you enter your address but you may also check your options when selecting your product.
Shipping options are typically:
Ground: allow between three and seven working days between the date of your order and your date of delivery.
2-Day: your order must reach us before 4.30 p.m. (Eastern Time). It will be delivered within two working days.
Overnight: your order must reach us before 4.30 p.m. (Eastern Time). It will be delivered the following working day. This option is not available for addresses in Hawaii and Alaska.
International shipping: the delivery time depends on the country your order is shipped to.
We will inform you of the shipping costs for the shipment method you select in the order summary displayed on the Phen.com website before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the goods ordered.
In the case of international deliveries, custom taxes may apply in certain countries: they are to be paid upon reception by the purchaser of the product.
Delivery Time - Problems of delivery
Phen.com cannot be held responsible for misdeliveries or lost items once the products have been shipped and proof of shipment has been given by the chosen postal service.
Any failure to deliver or late delivery exceeding eight (8) business days should be reported to our customer service as soon as possible. In order for your claim to be accepted, please notify us within thirty (30) calendar days from the date of confirmation of your order.
You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the products are delivered to you, you should note the nature of the potential discrepancy (e.g., open package, damaged goods, etc.) by hand, if possible, on the delivery notice, and sign.
If the goods do not conform to your order or you are not satisfied with them, you may return them, exchange them or request a refund according to the terms and conditions contained in the section entitled "Returns - Exchanges - Refunds"
Returns - Exchanges – Refunds
Rely on the Phen.com 100% Satisfaction Guarantee
We guarantee that you will be pleased with Phen supplements. If you are not 100% satisfied with Phen supplements, for whatever reason, simply send your order back within thirty (30) days of purchase for a full refund!
The guarantee is valid for all returned items, including one opened and all unopened items. You have nothing to lose... only excess pounds!
The product shipment date is the date of purchase. You will receive a full refund for one open and all unopened items. We can only issue refunds for items physically returned to our warehouse.
Our shipping facility is a 3rd party fulfillment center that has hundreds of clients. The only way to assure your return package is credited to your account is to follow the correct return policies and to use our return products system.
To return a product for a refund you will need to obtain a Return Merchandise Authorization (RMA) number by contacting our customer service department using the contact us form.
Customer service reserves the right to determine if a client may return a product for a refund, this is typically only allowed when support feels it’s a fraudulent order or misrepresentation has occurred.
To ensure a refund is processed for you, please send returns to the address provided by our customer service department along with your RMA number. Simply print the labels you will receive by email, put them on your package and send it back. Our customer service department is NOT allowed to accept any packages without an RMA number.
We are not responsible for lost or stolen items. We recommend all returned items to be sent using some type of delivery confirmation system to ensure proper delivery. Any returned item sent to Phen.com, that cannot be confirmed by some type of delivery confirmation system may not be eligible for a refund.
Security and Personal Data
The Phen.com website is not intended for minor children.
Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against Anakena Internet Services S.L., which operates Phen.com, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Anakena Internet Services S.L.") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Phen.com's advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and Phen.com. The arbitration shall be held in Barcelona, Spain at the office of Anakena Internet Services S.L., by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405.
Law - Disputes
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of Spain, without regard to principles of conflicts of laws.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
Products, Content and Specifications: All features, content, specifications, products and prices of products and services described or depicted on this Web site, www.phen.com (this "Web Site"), are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Anakena Internet Services SL which operates this Web Site, makes all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Shipping Limitations: When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Accuracy of Information: We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Use of this Web Site: The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The contents of this Web Site are © 2010-2019, Anakena INternet Services SL. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Trademarks: Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of Anakena Internet Services SL. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Anakena Internet Services SL or such other owner.
Linking to this Web Site: Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
Third Party Links: From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by Anakena Internet Services SL. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. We are not responsible for any content, materials or other information located on or accessible from any other Web site. We do not endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk.
Inappropriate Material: You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
User Information: Other than personally identifiable information, which is subject to this Web Site's Privacy Statement, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. Personally identifiable information that you voluntarily post on any part of this Web Site that is viewable by the public (e.g., in the Customer Reviews section) is not subject to this Web Site's Privacy Statement and is considered User Communications. We may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.
DISCLAIMERS: YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. ANAKENA INTERNET SERVICES SL DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, ANAKENA INTERNET SERVICES SL DOES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY: Anakena Internet Services SL does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL ANAKENA INTERNET SERVICES SL, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
Revisions to these Terms and Conditions: These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site.
Choice of Law and Jurisdiction: These Terms and Conditions supersede any other agreement between you and Anakena Internet Services SL to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of Spain, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site will be brought only in the courts of Spain. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Termination : You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
Health Related Information: The information contained in the Web Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Web Site (including, but not limited to, information that may be provided on the Web Site by healthcare or nutrition professionals employed by or contracting with Anakena Internet Services SL) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.
Indemnity: You agree to indemnify and hold Anakena Internet Services SL and our officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Web Site, your connection to our Web Site, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.
Domestic Use and Export Restriction: We control the Web Site from our offices in Barcelona, Spain. We make no representation that the Web Site or its content (including, without limitation, any products or services available on or through the Web Site) are appropriate or available for use in other locations. Users who access the Web Site from outside Spain do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable.
General: Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Additional Assistance: If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at Anakena Internet Services SL, Paseo de Gracia, 60 08007 Barcelona, Spain or by using our contact us form.
These Terms and Conditions were last updated on February 28th, 2019.