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Terms & Conditions

General Terms and Conditions

By using this website, products and services or by communicating with LabSense about orders, you agree to these conditions. LabSense reserves the right to modify these terms from time to time without notice.

General Terms
Article 1. Definitions
1.1. LabSense: the website you are visiting.
1.2. Customer: the natural person who is not acting in an profession or for a company and enters into an agreement with LabSense;
1.3. 'General Terms' means: all of conditions mentioned below.

Article 2. Relevance / execution
2.1. These General Terms and Conditions apply to all offers, agreements and deliveries of LabSense, unless explicitly mentioned otherwise in writing.
2.2. If customer includes provisions or conditions in its order that differ from, or do not occur in, these conditions then those are only binding for LabSense to the extent (if it all) that they are explicitly accepted in writing by LabSense.
2.3. LabSense is entitled to engage third parties in the execution of its contracts.

Article 3. Offers
3.1. If it appears that the information provided by the customer in the order or contract is incorrect LabSense reserves the right to adjust prices.
3.2. Any offers provided by LabSense are valid for the period indicated on the our website: www.labsense.nl.

Article 4. Prices
4.1. All prices include 21% VAT and other taxes which are imposed by the Dutch government.
4.2. All prices on the website are subject to typographical errors.
4.3. Delivery costs are included in the total price unless otherwise specified. This is clearly stated during the order process on the website to the customer.

Article 5. Contract / delivery / login
5.1. If customer has accepted the offer electronically, LabSense immediately confirms the receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, customer is able to terminate the agreement.
5.2. Once the payment by LabSense is received, LabSense will send the order as soon as possible.
5.3. Customer has the right to withdraw the remote agreement with LabSense within 14 days. The direct cost of returning the product is on expense of customer.
5.4. Products that are returned must be free of damage, in unused condition and complete.
5.5. LabSense encourages customer to inspect the goods immediately upon receipt and report found defects within directly via e-mail. See: Article 10 complaints.
5.6. LabSense is not liable for any damage of the product or loss of the product that occurs when returning te order.
5.7. If items are not in stock and short delivery time is not feasible, LabSense will get in touch with the customer.
5.8. The delivery time will not exceed 30 days. If the delivery takes longer than 30 days, then any payments made will be repaid to customer as soon as possible but no later than 14 days after termination. The ability to terminate the agreement with LabSense for exceeding the agreed delivery time does not apply to customers who act in their professional capacity or on behalf of a business.
5.9. Once the deliverables are delivered to the specified delivery address, any possible risk, related to these products is transferred to the customer.
5.10. Customer must not disclose or share usernames and passwords provided by LabSense. LabSense is not responsible for the abuse of usernames and passwords and may always assume that a customer who logs on our website actually is a customer of LabSense. Customer must inform LabSense if customer has a suspicion that the username and password are entered by unauthorized parties. LabSense has the right to take effective measures in such cases.

Article 6. Retention of title
6.1. All goods remain property of labSense until customer has fully completed the required payment. 

Article 7. Terms of Payment
7.1. Customer must make the payments to LabSense in advance according to the methods shown in the order proces unless otherwise agreed.
7.2. Amounts (still) due to be paid by customer must be fulfilled within 7 days after delivery of the product.
7.3. In case of a late payment, customer, in addition to the amount owed and interest due, shall be liable to a full reimbursement of extrajudicial and judicial costs, including the costs of lawyers, bailiffs and debt collection agencies.
7.4. The claim for payment is due immediately if customer is declared bankrupt, requests moratorium or total seizure of assets of customer is placed, customer dies, and furthermore, if he goes into liquidation or is dissolved.
7.5. In all above cases, LabSense has the right to terminate or suspend the contract or the incomplete portion without notice or judicial intervention, without prejudice to the right of LabSense to demand compensation for any damage that might occur to him.

Article 8. Liability
8.1. This liability provision applies only to natural or legal persons who act in the excercise of a profession or business and enter into an agreement with LabSense.
8.2. The total liability of LabSense to customer for attributable shortcoming in the fulfillment of the agreement is limited to direct damages up to the amount of the in the contract agreed price (excluding VAT). If the agreement is primarily a continuing agreement with a duration of more than six months, the stipulated price is set on the total of the fees stipulated for three months. By no means will the total compensation for direct damages exceed the amount of € 250,00 Euros.
8.3. Liability of LabSense to customer for indirect damage, including consequential, lost profits, lost savings, loss of data and damage due to business interruption, is excluded.
8.4. Besides the cases referred to in article 8.2 rests on LabSense to customer no liability for damages, regardless the ground on which compensation would be based. The maximum amounts referred to in Article 8.2, however, will not apply if and in sofar as the damage is caused by intent or gross negligence of LabSense.
8.5. The liability of LabSense to customer due to attributable failure in the performance of a contract occurs only if client states LabSense in failing immediately and properly in writing, stating a reasonable period to remedy the deficiency, after that period attributable continues to fail to fulfill its obligations. The notice must contain a detailed description of the failure, which enables LabSense to respond adequately.
8.6. The condition for the existence of any right to compensation is that customer reports the damage in writing as soon as possible (within 48 hours) after the occurrence to LabSense.
8.7. Customer indemnifies LabSense for all claims for liability as a result of a defect in a product that is delivered by the customer to a third party and that consisted of goods, materials or results, delivered by LabSense, except if and to the extent customer proves that the damage was caused by those goods, materials or results.

Article 9. Force Majeure
9.1. In case of force majeure LabSense is not obliged to compensate the resulting damage to customer.

Article 10. Complaints
10.1. If the delivered product does not comply with the agreement, customer must notify LabSense within 14 days after the discovery. If not, any claim and on LabSense expires. Warranty provisions remain applicable.
10.2. If LabSense considers the complaint founded, the relevant products will be replaced or refunded after consultation with customer.
10.3. The maximum compensation is equal to the price paid by customer for the product.
10.4. Complaints do not suspend obligations of customer

Article 11. Final Provisions
11.1. The agreement is governed by Dutch law.
11.2. Provided that it is otherwise specified by mandatory rules all disputes that may arise following the agreement will be submitted to the competent court.
11.3. Partial invalidity: If a provision in these Terms and Conditions is found to be invalid, this will not affect the validity of the entire Terms and Conditions. Parties shall establish (a) new provision (s) as replacement, which to the extent to the original intent of the General Conditions is shaped.

Contact:
If you, after reading our Terms and Conditions, have any questions, comments or complains about these Terms and Conditions, please don't hesitate to contact us.

Extra note:
The chemical products available on our website are experimental chemicals that are used for scientific research purposes ONLY, in laboratories equipped according to the latest standards imposed by the International Union of Pure and Applied Chemistry. All Research should be conducted by a certified chemist (at least 18 years old) with a proper license!

This class of chemicals has undergone virtually no human or animal toxicity studies and there is little to no data on possible long or short term effects.

 
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