Terms & Conditions

Dear valued customer, please read these Terms of Service (hereinafter – “Terms”) carefully before using any feature of https://myhypha.com/ (hereinafter – “Website”) or purchasing any of the products therein.

These Terms govern your use of the Website and any of its features, and together with all other terms and policies specified below, it shall form a legally binding agreement between You (hereinafter – “user” or “you”) and us. Please take your time to read these Terms carefully before making any purchase on the Website. If You have not read and/or understood the provisions of these Terms, we recommend that you do not continue to use the Website and contact our customer support, which will be happy to answer your questions.

We also advise you to read our FAQ section, which is available on the Website, before purchasing any goods or services on the Website.

1. Who We Are
   1. Hypha (hereinafter referred to as the “Hypha“, “we”, “us”, “our”) is a brand name used and operated by a business entity UAB Adpulse Media, which is a limited liability company incorporated in the State Enterprise Register of Lithuania, company No. 306739937, with a registered office address at J. Savickio g. 4-7, LT-01108 Vilnius, Lithuania. Whenever you will buying anything on the Website, you will be entering into a contractual relationship with Us, and this contractual relationship shall be bound and determined by these Terms and applicable laws.
   2. Please be noted that all purchases that You will make on the Website will be sent to You from one of our fulfillment centers that will have a different address than our correspondence or office address. If you want to contact us or send us anything by post mail, please contact our customer support first, and you will be provided with the address and other contact details. 
   3. If you have any questions, inquiries, or complaints regarding the Website or our services, You can always contact our customer support at support@myhypha.com.
   4. Please be noted that our products will be delivered to you from our warehouses in Lithuania. Thus depending on the laws applicable in the country of your residence, your purchased products might be subject to import duties, sales or import VAT tax, and/or other taxes..
2. Whom Do We Sell To
   1. Please be noted that our Products are not sold for and cannot be used for commercial use, as we sell our Products for personal use only. We reserve the right to reject any purchase requests if we have a reason to believe that a person is purchasing our Products not for personal, but industrial, or commercial use, including but not limited to reselling online or in physical stores.
   2. The Website’s primary target audience is adult users. We do not encourage or address children or minors to visit our Website or make any purchases therein.
   3. We reserve the right to cancel your purchase and reject any payments that you make on the Website if we have a reason to believe that:
      1. You are buying our Products for industrial or commercial use (including reselling or leasing);
      2. You are younger than 13 years of age and purchasing from the United States of America, Canada, and other countries;
      3. You are younger than 16 years of age and purchasing from any country of the European Union;
      4. You have not read and accepted these Terms.
   4. By agreeing to these Terms and making a purchase on Our Website you confirm to Us, that:
      1. You are above the legal age applicable in your country for entering into any distant purchase agreement;
      2. Your provided contact, billing, and shipping information is true and correct;
      3. You are paying for the product with the credit card that belongs to you, or the owner of the credit card has authorized you to use the card, and such authorizations were issued in a form which is required in your place of residence;
      4. You are purchasing the products for personal use only.
3. Delivery
   1. Once you have placed your order on the Website and made the payment, we will process your order within 1-3 business days. After your order is processed, you should receive the shipment within 5 to 20 calendar days if shipping will not be affected by natural occurrences.
   2. Please be noted that:
      1. due to the COVID-19 pandemic, the logistics network might be disrupted in various countries, thus the delivery times might be longer than specified on the Website or in these Terms;
      2. the shipping terms may also be affected by customs, natural occurrences, transfers to the local carrier in your country, or air and ground transportation strikes or delays. We will not be responsible for delays if the shipment is delayed due to the aforementioned reasons;
   3. We ship our Products to the US, Canada, New Zealand, UK, and the rest of European countries. Shipping costs may differ depending on your selected place for delivery. The total amount of shipping costs will be displayed to you on the check-out page of the Website.
   4. In case your purchase does not reach you within 30 calendar days, please report it to our customer support. Please be noted that in accordance with Article 18(2) of the Directive 2011/83/EU of the European Parliament and of the Council, if You do not receive your purchase within 30 days, you must contact us and inform Us about an acceptable additional period of time upon which we will deliver Your purchase. You shall be entitled to terminate the purchase only if We have failed to deliver your purchase within the additional time limit. Please be noted that you cannot claim not to have received the purchased goods if the rules set out in this provision are not followed.
4. Returns & Refunds 
   1. If you are unhappy with your purchased Products you may return them and get a full refund within 30 days from the delivery date. The 30-day return term will expire after 30 days from the day on which You, or a third party other than the carrier indicated by You, acquires physical possession of the purchased Products.
   2. To exercise the right to withdraw and return your purchased Products, You must contact our support team via support@myhypha.com. After you contact our support team, you will be provided with a return code and return address – please be noted that we will only accept returning Products that will be sent with the provided return code and delivered to the provided return address.
   3. o meet the withdrawal deadline (30 days), it is sufficient for you to send your communication concerning the returning Products and send us the returned Products before the withdrawal period expires. We won’t accept returns if you fail to contact us within the withdrawal deadline (30 days from receiving the purchase).
   4. If you withdraw from this contract, we shall reimburse you all payments received from you without undue delay and in any event not later than within 14 days from the day on which we receive the returning Products from you. We will make the refund by using the same means of payment as you used for the initial transaction.
   5. Please be noted that we will only accept returned Products if it was not used, damaged, and sent back to us in the original package. If we determine that the returned Products were used but still in an operable and re-sellable condition, we might still make a refund to you, but You will be liable for any diminished value of the Products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. Thus, if we find that the returned Product was used, we might deduct the diminished value from the refundable amount.
   6. Please be noted that You will have to cover the shipping costs for returning the Products, and we will not compensate your shipping costs except when you are returning a defective item.
   7. Please be noted that we will only accept returned products and make a refund for them if they are returned to the address provided by Our customer support and will have the return merchandise authorization code placed on the returning shipment. Please do not send any returning products to our office address as we won’t be able to accept them.
   8. All refunds are made by using the same payment methods or platforms that you have used when placing your order on the Website. We will not be able to make the refund to any account or by using any method other than the one you used when making your purchase.
5. Warranty
   1. All of our Products come with a standard two years warranty. We will replace any item that would turn out to be defective within the warranty term.
   2. Please be noted that the warranty shall not apply if we determine that the product was not used as intended or has been mechanically damaged.
   3. If you wish to return a defective item, please contact our customer support at support@myhypha.com. When you contact our customer support with a warranty claim, please be prepared to provide upon request: (1) photographs of the defective item; (2) your order ID and purchase confirmation letter or payment receipt; (3) a brief description of the observed defect.
6. Pricing, Payments, and Charges
   1. Prices for Products sold on the Website might be subject to change. We reserve the right to modify or discontinue further sales of any Product. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the sale of Products.
   2. The final price, inclusive of all taxes and fees, for the Products shall be displayed on the check-out page, which will be displayed for you when you wish to finalize your purchase.
   3. Please be noted that we will never apply any conversion rates or charges dependable on your chosen payment method. However, some banks apply conversion rates for outgoing payments and international transfers – thus, we are not responsible for any bank fees or conversion rates that your bank would apply for any payment made to Us. If you notice any differences between the product prices on our Website or purchase receipt and your bank account statement, please refer to your bank for a detailed explanation of the additional charges.
   4. We accept payments by credit card, PayPal, and other electronic payments only. We will not accept checks, cash, or other means for payment, except if ‘cash on delivery’ service is available in your country (if ‘cash on delivery’ is available in your country, you will be informed about such an option on the check-out page).
   5. If you choose to pay by using PayPal, your payment may be processed by our payment processing partners, and thus your PayPal account statement may indicate another entity as the recipient of your payment. However, whenever you will be making any purchase on the Website, we, i.e., UAB Adpulse Media, shall be considered as the seller regardless of who will process your payment. If you have any issues or questions regarding your payment made via PayPal, please contact our customer support at support@myhypha.com.
   6. All prices displayed on the Website are inclusive of all applicable taxes. However, please be noted that Consumers from different countries may see product prices that would be slightly different due to conversion rates or due to Value Added Tax (“VAT”), which would or would not be applicable depending on each case. We will never include VAT in the purchase price and will not ask you to pay the VAT if VAT is not applicable in your country or if your requested product will be shipped from one of our fulfillment centers in China.
   7. Please be noted that you might be requested to pay import fees and/or import VAT, depending on your place of residence. You will never be double taxed as we will not include import fees or VAT in your purchase price if, under applicable laws, you will be required to pay the import fees by yourself.
7. Personal Data And Contacting
   1. We take necessary precautions and follow industry best practices as well as all requirements set by applicable laws to protect Your personal information from being inappropriately lost, misused, accessed, disclosed, altered, or destroyed. 
   2. We ensure that all personal data shall be collected and processed in accordance with all applicable laws. To find out more about how we use and process personal data, please read our Privacy Policy.
   3. Please be noted that we may contact you via phone or email if we need to confirm any details of your order or if your order request was not processed successfully due to technical matters. If your order was not successful due to payment processing errors or other reasons, we might send you a text message or email with a reminder to carry out necessary actions, or we might contact you by phone if you have provided your phone number to us.
8. Rules Of Conduct
   1. Please be noted that our Products are sold for personal use only. By agreeing with these Terms, you confirm that you will only buy our Products for personal use. 
   2. You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws. All contents of the Website and the contents of all materials received from us (including graphic designs and other contents) and the relevant parts of the Website belong to the ownership of Hypha and are protected by copyright laws. Any use of any copyrights for purposes other than personal use without our license constitutes a breach of copyright.
   3. By agreeing to these Terms, you confirm that you understand that the purchased Products may not be returned once they are delivered to you and you have opened the Product package.
   4. We have the right, but not the obligation, to investigate any illegal and/or unauthorized use of the Website and take appropriate legal action, including, without limitation, civil and injunctive relief if we have a reason to believe that you are violating these Terms or applicable laws. While using the Website, you must:
      1. Not use the Website or any of its contents for any illegal purpose or in violation of any local, state, national, or international law;
      2. Not violate or encourage others to violate the rights of third parties, including intellectual property rights;
      3. Comply with all policies posted on the Website;
      4. Not transfer, legally or factually, your registered account to any other person without our written consent;
      5. Provide honest and accurate information to us;
      6. Not use the Website or any of its contents for any commercial purpose, including distribution of any advertising or solicitation;
      7. Not reformat, format, or mirror any portion of any web page of the Website;
      8. Not create any links or redirections to the Website through other websites or emails without prior written consent given by us;
      9. Not make any attempts to interfere with the proper functioning of the Website or the use and enjoyment of the Website by other users;
      10. Not commercially resell, redistribute, or transfer any Products that you buy from us;
      11. Not interfere in any way with security-related features of the Website;
      12. Not access, monitor, or copy any content or information of the Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
      13. Not claim false affiliations, access the accounts of other users without permission, or falsify your identity or any information about you, including age or date of birth;
      14. Not perform any other activity or action which would be noncompliant with these Terms or applicable laws.
9. Disclaimers
   1. Please be noted that all Products are sold “as is” and we provide no warranties regarding suitability for your personal needs or preferences. We provide no warranties or claims with regards to the Products properties, and we do not claim that the Products would be suitable to treat, diagnose, mitigate, or have any other effect for specific conditions or diseases, as our Products are not medical devices/products.
   2. We do not guarantee, represent, or warrant that your use of the Website will be uninterrupted, timely, secure, or error-free. You agree that from time to time, we may remove the Website for indefinite periods of time or cancel it at any time.
   3. The Website may provide links to other websites maintained by third parties. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by us or our subsidiary companies. When you access third-party sites, you do so at your own risk.
   4. We honor the privacy of our customers. Thus, all testimonials and/or comments displayed on the Website might have fictional names and associative pictures. The identity of the consumers is known to us, but we will never display our users’ true names except when a user gives consent to display his/her name and/or image.
   5. Unless otherwise indicated, this Website is our property, and all source code, databases, functionality, software, designs, text, photographs, and graphics on the website are owned or controlled by us and are protected by copyright and trademark laws. It is forbidden to copy or use any of the website’s contents without prior written approval by us.
   6. THE PRODUCTS OFFERED ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
   7. THE PRODUCTS SOLD ON OUR WEBSITE ARE DESIGNED FOR PERSONAL USE ONLY. WE DO NOT CLAIM THAT ANY OF OUR PRODUCTS WILL BE SUITABLE FOR PROFESSIONAL, INDUSTRIAL, OR COMMERCIAL USE.
   8. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, SUBSCRIBERS, MEMBERS, OR OTHER USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER.
   9. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THE WEBSITE OR THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE WEBSITE OR THIRD-PARTY WEBSITES IS AT THE USER’S OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE.
   10. Any information provided on the Website is for informational and recreational purposes only and may not be used as health advice. The Website should not be used in any high-risk activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs. You assume all risks for your use of information provided on the Website.
   11. We made every effort to display as accurately as possible the colors and images of all materials that appear on the Website. However, we cannot guarantee that your computer monitor’s display of any color will be accurate as well as that any display of any product or service on the Website will accurately reflect the actual properties of the product or service that You can find on the Website.
10. Indemnification
    1. You agree to indemnify, defend and hold us and our affiliates, and respective officers, directors, owners, agents, information providers, and licensors harmless from and against all claims, liability, losses, damages, costs, and expenses (including attorneys’ fees) in connection with:
       1. Your use of, or connection to, Our Website;
       2. Any use or alleged use of Your account or Your account password by any person, whether or not authorized by You;
       3. The content of information submitted by You to Us;
       4. Your violation of the rights of any other person or entity;
       5. Your violation of any applicable laws, rules, or regulations.
    2. We reserve the right, at our own expense, to assume defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with us in defense of such claim.
11. Limitation Of Liability
    1. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY APPLY TO YOU TO A LESSER EXTENT. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY COMPANIES OR AFFILIATES IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH STATE LAW.
    2. In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, be liable for any injury, health issues, sickness, physical problems, 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 of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. In no case shall Hypha be liable for any recommendations, health claims, statements, or any other advice or information provided on the website or any other forms of communication. 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, our liability shall be limited to the maximum extent permitted by law.
    3. If You are dissatisfied with the Website, any materials, products, or services displayed on the Website, or with any of the Website’s terms and conditions, your sole and exclusive remedy is to discontinue using the Website.
12. Intellectual Property
    1. With regards to these Terms, intellectual property rights mean such rights as trademarks, copyright, domain names, database rights, design rights, patents, and all other intellectual property rights of any kind whether or not they are registered (“Intellectual Property“).
    2. All Intellectual Property displayed on the Website or provided to You in any other form is protected by law. You may not copy, repurpose, or distribute any Intellectual Property or any other content received from us or found on the Website, including Product descriptions, for any purpose, without our express written permission. For example, you may not copy Product information onto any other website or app. Without limiting the foregoing, the use of our content for commercial purposes is forbidden unless you have our express written permission.
    3. All Intellectual Property displayed on the Website or provided to you in any other form belongs to Hypha, except third-party trademarks, service marks, or other materials which are used by us. None of such Intellectual Property may be used without the prior written consent of Us or the third party to whom such Intellectual Property belongs.
13. Governing Law And Disputes
    1. If You have any complaints regarding the Website, fees, refunds, quality of Products, or anything related to the use of the Website, You must first contact our support team (support@myhypha.com) before taking any action through third parties. Please be noted that by agreeing to these Terms, you explicitly agree not the request for any refunds or chargebacks from your bank or credit card operator without priorly contacting us and without giving us a chance to settle any issues that you might have.
    2. All complaints or claims provided by you shall be processed within 30 days of receiving them. We always put our best efforts into the positive settlement of the complaint or claim. When addressing us with your complaints, you must always identify yourself by the same first name and surname that you have provided to us when purchasing on the Website.
    3. These Terms and the entire legal relationship between you and us shall be subject to the law of the Republic of Lithuania, except when consumer laws would set a specific applicable law or jurisdiction.
    4. Any claim must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding.
14. Miscellaneous
    1. If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions.
    2. You can review the most current version of the terms of service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these terms of service by posting updates and changes to our website.
    3. These Terms and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement between You and Us.
15. Contact Information
    

    You can contact us by the following details:
    Email – support@myhypha.com
    Phone – +1 (231) 237-5032