Terms of Use
1. Scope and Acceptance
These Terms of Use ("Terms") govern your access to and use of the website phoenixpharmadoo.eu (the "Website") operated by Phoenix Pharma d.o.o., Donji Zagarač bb, 81410 Danilovgrad, Montenegro (hereinafter "Phoenix Pharma", "we", "us" or "our"). By accessing or using the Website, you agree to these Terms in full. If you do not agree, please do not use the Website.
2. Nature of the Website — No Offer, No Medical Advice
The Website is a business-to-business (B2B) information portal. It presents Phoenix Pharma's company, cultivation activities, manufacturing facilities and product categories. Nothing on the Website constitutes a binding offer within the meaning of Art. 14 of the Montenegrin Law on Obligations or § 145 of the German Civil Code (BGB). Product information, specifications, availability and certifications are subject to change without prior notice. Any commercial transaction requires a separate written agreement between the parties.
The content of this Website is provided for general informational purposes only. It does not constitute medical, pharmaceutical, legal, tax or investment advice and is not intended to diagnose, treat, cure or prevent any disease or medical condition. If you seek medical advice, please consult a qualified healthcare professional.
3. Products — Regulatory Status
3.1 CBD and hemp-derived extracts
Phoenix Pharma produces and distributes CBD (cannabidiol) full-spectrum oils and other botanical extracts derived from hemp (Cannabis sativa L.) grown from varieties listed in the EU Common Catalogue of Varieties of Agricultural Plant Species, in accordance with Regulation (EU) 2021/2115 and the applicable national legislation governing the cultivation of industrial hemp.
In the European Union, extracts and products derived from Cannabis sativa L. containing cannabinoids are generally treated as Novel Food within the meaning of Regulation (EU) 2015/2283 and, unless and until authorised by the European Commission following a positive safety assessment by EFSA, may not be placed on the EU market as food or food supplements. Phoenix Pharma does not place ingestible CBD products on the market of any EU Member State in categories for which an authorisation under Regulation (EU) 2015/2283 is required and has not been granted.
The legal status of CBD-containing products varies significantly between jurisdictions, both within and outside the European Union. It is the sole responsibility of the buyer, importer or distributor to verify the legality of importing, marketing, distributing and using our products in the destination country before placing any order or concluding any commercial transaction. Phoenix Pharma provides, upon request, a Certificate of Analysis (CoA) stating the cannabinoid profile and THC content of the product concerned.
3.2 No therapeutic or health claims
Phoenix Pharma does not make any therapeutic, nutritional or health claims regarding its products on the Website. Any statement that would qualify as a health claim within the meaning of Regulation (EC) No 1924/2006 or a medicinal claim within the meaning of Directive 2001/83/EC is expressly disclaimed. Products described on the Website are not medicinal products unless and until a specific product has received an applicable marketing authorisation from the competent authority.
3.3 Cosmetics
Cosmetic products manufactured by Phoenix Pharma are produced in accordance with the cosmetics Good Manufacturing Practice standard ISO 22716 and, where placed on the EU market, in accordance with Regulation (EC) No 1223/2009 on cosmetic products.
3.4 Age restriction
The Website, and any products or samples referenced on it, are not intended for minors. If you are under the age of 18 (or the applicable age of majority in your country), please do not use the Website for any product-related enquiry.
4. Intellectual Property
All content on the Website — including text, images, photographs, logos, trademarks, trade names, graphics, layouts, compositions and code — is the intellectual property of Phoenix Pharma d.o.o. or used under licence. Such content is protected by copyright, trademark, design and other intellectual property laws, including but not limited to Directive 2001/29/EC, the Montenegrin Law on Copyright and Related Rights, and the German Copyright Act (UrhG).
Without the prior written consent of Phoenix Pharma, you may not copy, reproduce, modify, distribute, display, publish, transmit, reverse engineer, create derivative works from or otherwise exploit any part of the Website. Downloading or printing individual pages for your personal, non-commercial review is permitted, provided all copyright and other proprietary notices are retained.
The name "Phoenix Pharma", the Phoenix Pharma logo and any associated marks are trademarks of Phoenix Pharma d.o.o., whether registered or not. Any unauthorised use is prohibited.
5. Acceptable Use
You agree not to:
- use the Website for any unlawful purpose or in a way that infringes applicable law;
- transmit any malicious code, virus, trojan, worm or any other harmful material;
- attempt to gain unauthorised access to any part of the Website, the server on which it is hosted, or any connected database;
- use automated systems (bots, scrapers, harvesters) to access or extract content from the Website in a manner that imposes an unreasonable load on the infrastructure, circumvents technical restrictions, or harvests personal data in violation of the GDPR;
- impersonate any person or misrepresent your affiliation with any person or entity;
- submit false, inaccurate or misleading information through the contact form.
6. B2B Enquiries and Contact Form
Enquiries submitted through the contact form are considered non-binding requests for information. A binding contractual relationship is established only through a separate written offer and acceptance (or conclusion of a framework agreement) between the parties. Personal data submitted via the contact form is processed in accordance with our Privacy Policy.
7. Disclaimer of Warranties
The Website and its content are provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, Phoenix Pharma disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness or reliability of the content. We do not warrant that the Website will be uninterrupted, error-free, secure or free of viruses.
Nothing in this clause limits or excludes any warranty or liability that cannot be limited or excluded under mandatory applicable law.
8. Limitation of Liability
Phoenix Pharma shall not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages (including lost profits, loss of data, loss of goodwill or business interruption) arising from or in connection with your use of, or inability to use, the Website, even if Phoenix Pharma has been advised of the possibility of such damages.
For direct damages, Phoenix Pharma's liability is limited to cases of intent and gross negligence. This limitation does not apply to:
- damages arising from death, personal injury or impairment of health caused by negligence of Phoenix Pharma or its legal representatives, employees or vicarious agents;
- liability under the applicable product liability legislation (including Directive 85/374/EEC and its national implementations);
- any liability that cannot be excluded or limited under mandatory applicable law.
9. External Links
The Website may contain links to third-party websites or resources. We provide these links for your convenience only. We do not control, endorse or assume responsibility for any third-party website or resource and are not liable for any content, privacy practices or damages connected with them. Your access to any third-party website is at your own risk and subject to that website's own terms and privacy policy.
10. Changes to these Terms
We reserve the right to modify these Terms at any time. The updated version will be published on this page with an updated "Last updated" date. Your continued use of the Website after such changes constitutes your acceptance of the revised Terms.
11. Severability
If any provision of these Terms is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be severed or modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
12. Governing Law and Jurisdiction
These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of Montenegro, excluding its conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Subject to any mandatory provisions of the applicable law in favour of consumers, the exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms shall be the competent courts of Podgorica, Montenegro. Phoenix Pharma reserves the right to bring proceedings in the jurisdiction of the defendant's place of business or residence.
13. Contact
For questions regarding these Terms, please contact us at:
Phoenix Pharma d.o.o.
Donji Zagarač bb, 81410 Danilovgrad, Montenegro
Email: phoenixpharmadoo@proton.me