Terms of service

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 Phytoca USA The collective work includes works that are licensed to Phytoca USA. Copyright 2022 Phytoca USA 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 Phytoca USA or purchasing Phytoca USA 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 Phytoca USA or to purchase Phytoca USA 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 Phytoca USA. 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 Phytoca USA used in the site are trademarks or registered trademarks of Phytoca USA.

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, Phytoca USA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Phytoca USA 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. Phytoca USA 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

Phytoca USA 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 Phytoca USA 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 Phytoca USA  product is mistakenly listed at an incorrect price, Phytoca USA reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Phytoca USA 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, Phytoca USA 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 Phytoca USA 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. 

NOTICE

Phytoca USA 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 Phytoca USA.

MISCELLANEOUS

Your use of this site shall be governed in all respects by the laws of the state of California, 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 Phytoca USA products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Phytoca USA products) must be commenced within one (1) year after the claim or cause of action arises. Phytoca USA's 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. Phytoca USA 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 Phytoca USA 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

Phytoca USA 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, Phytoca USA 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, Phytoca USA 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 Phytoca USA in its sole discretion.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Phytoca USA, 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, Phytoca USA may link to sites operated by third parties. However, even if the third party is affiliated with Phytoca USA, Phytoca USA has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Phytoca USA. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Phytoca USA 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).

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Phytoca USA (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at contact@phytocausa.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Miami, Florida before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Phytoca USA principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Contact

Contact Information Policies

Effective Date: September 9th, 2023 

Thank you for visiting Phytoca USA! We appreciate your interest in our products and services. To ensure transparency and establish clear guidelines regarding contact information, we have outlined our contact information policies below. Please take a moment to review them.

1. Contact Information

We are committed to providing you with accessible and reliable contact information. You can reach us through the following channels:

  • Customer Support Email: info@phytoca.com
  • Customer Support Phone Number: +1 (305) 462-5959
  • Physical Address: 2355 NW 70th Avenue, UNIT D-7, MIAMI FL 33122

2. Response Times

We strive to respond to your inquiries and concerns in a timely manner. Our typical response times are as follows:

  • Email: We aim to respond to all emails within a couple hours.
  • Phone Calls: Our phone lines are open during our business hours, and we aim to answer all calls promptly.
  • Physical Address: Our physical address is for in-person visits only. Please call or email us for inquiries or concerns.

3. Business Hours

Our standard business hours for customer support inquiries are:

  • Monday - Friday: 9am - 5pm

Please note that these hours may be subject to change during holidays or special circumstances. Any updates to our business hours will be communicated through our website or social media channels.

4. Privacy and Security

Your privacy and security are important to us. When contacting us, please refrain from sharing sensitive personal information such as credit card details or passwords via email or phone. We will never request this information through these channels.

5. Communication Preferences

We respect your communication preferences. If you prefer not to receive marketing or promotional emails from us, you can opt-out by clicking the unsubscribe link in our emails or by contacting our customer support team.

6. Feedback and Concerns

We value your feedback and are committed to addressing any concerns you may have. If you have any suggestions, complaints, or issues related to our contact information policies, please don't hesitate to contact us.

7. Updates to Contact Information Policies

We may periodically update our contact information policies to reflect changes in our business practices or to comply with legal requirements. Any updates will be posted on our website, and the revised policies will become effective on the specified date.

By contacting us or using our services, you agree to abide by these contact information policies.

If you have any questions or require further clarification regarding our contact information policies, please contact our customer support team at info@phytoca.com or +1 (305) 462-5959.

Thank you for choosing Phytoca USA. We look forward to serving you and providing the best shopping experience possible.

Cancellations

Returns and Exchanges

Phytoca Returns and Exchanges Policy

The Phytoca Returns Policy applies to all equipment purchased directly from Phytoca. This policy outlines the conditions under which you can return or exchange equipment purchased from Phytoca, including eligible products, timeframes, and the steps to initiate a return or exchange.

Extended Holiday Returns and Exchanges Policy

We typically extend our holiday return policy from 60 to 90 days for all orders placed between November 1 and December 31.

60-Day Returns and Exchanges

Start your return online: Go to Order History in My Account or Return Label | Phytoca within 60 days of your order purchase.

Select your return provider: For returns in the US, you'll need to choose between dropping off your items at a nearby Happy Returns location or a UPS drop-off point.

Drop off your items: Leave your items or packages at the nearest Happy Returns or UPS drop-off point for US returns.

Receive your refund:

- UPS Returns (US): Once your products are received and processed at our warehouse, we will begin refunding your order. Refunds for returns are issued once we inspect the products and verify that they have not been opened or used.

Return Policy

All products must be returned within 60 days of purchase.

The product(s) must not be used, altered, or opened.

The product(s) must be returned with all original tags attached.

The product(s) must include the original packaging in its original condition. Products purchased from Phytoca stores must be returned within the country of purchase (for example, equipment purchased in the USA cannot be returned to Brazil).

*Note: If you return a product that does not meet our policy and was not accepted for return, it will be discarded. We cannot return the product to you once we have received it in our warehouse. No refunds will be issued for returns outside of this policy. If fraud or policy abuse is detected, we may refuse your return.

Returns

Online Returns:

1. Start your return online: You can initiate a return through our sales channels such as TikTok, Amazon, and our online store.

2. Select your return provider: For returns within the USA, you will be asked to choose between dropping off your items at a UPS drop-off point. 3. Drop off your item(s): Drop off your item(s) at the nearest UPS drop-off point for returns in the U.S.

4. Receive your refund:

- Once your product(s) are processed, your refund will be generated and available (to your original payment method) within 3 to 5 business days.

- UPS Returns (U.S.): Once we receive and process your item(s) at our warehouse, we will begin processing your refund.

*Note: You will have the option to print a return label (UPS) or use a QR code (UPS). You can show the QR code to the representative so they can complete the return label on your behalf.

Shipping to the USA

UPS Ground: 2 to 4 business days

Note: Some deliveries may be affected by weather.

Shipping Arrivals

ESTIMATED ARRIVAL DATES ARE DISPLAYED AT CHECKOUT:

Shipping times shown are based on orders placed before 12 PM EST. You will see the exact arrival dates at checkout. Shipping days do not include weekends or holidays.

NOTE:

To ensure you receive your product as soon as possible, we may ship your order in multiple packages that arrive on different days.

Frequently Asked Questions

Q: What shipping providers do you offer?

UPS.

United Parcel Services is the carrier for your delivery. Occasionally, both partners use the United States Postal Service to complete the final delivery, depending on your location.

Q: Where do you ship from?

We primarily ship to all parts of the USA.

Q: Do you offer Saturday deliveries?

Unfortunately, we do not currently offer Saturday deliveries, but we are continuously working to provide our customers with the best possible service.

Q: I haven't received my order, how can I track it?

After purchasing the product, you will receive an email with the UPS Tracking information. Please check your spam folder and ensure that the email you received is from sales@phytoca.com, a valid email address. Did you lose your original confirmation email? Visit the UPS Track My Order page.

We do not ship to other international destinations.

All shipping costs, duties, VAT, and delivery times will be displayed at checkout.

Refund Policy

If you are not completely satisfied with your purchase or gift for any reason, please review our return, refund, and exchange policies below. Products must be returned in new, unaltered and unused condition. All returns are subject to validation and approval at Phytoca USA discretion.

We accept returns for exchange or refund 30 calendar days after delivery of the product. At our sole discretion after 30 calendar days, we will offer an exchange or store credit only. Items must be in "new, unaltered and unused condition". Definition of new, unaltered and unused condition is:

  • Without showing signs of wear or damage in any way
  • Must not be a sale item
  • Unless noted that it cannot be returned or has a different return policy time period other than that 30 days noted in that item's particular item description.

If an item is received damaged or is incorrectly shipped by us, please contact Customer Support immediately by phone or email. Items that are defective and shipped from us or items that you did not order but received from us will qualify for a refund. However, if the return was not a result of our error, we are not able to refund your original shipping charges.

HOW TO RETURN OR EXCHANGE A PRODUCT:

An online purchase can be returned to us by mail. Please note that shipping charges on your original order will not be refunded, unless the package was incorrectly shipped or you received defective merchandise.

If you return a product within 30 days of the delivery date, you will receive your refund in the form of your original payment. If payment was made with a store Gift Card, the refund will be issued in the form of a Phytoca USA Gift Card.

Please address the return package to:

PHYTOCA USA

2355 NW 70th Ave Unit D-07

Doral, FL 33122

Contact us

This site is protected by hCaptcha and the hCaptcha Privacy Policy and Terms of Service apply.