Acceptance
ALL SALES ARE SUBJECT TO AND EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED HEREIN, AND UPON BUYER'S ASSENT THERETO. NO VARIATION OF THESE TERMS AND CONDITIONS WILL BE BINDING UPON SELLER UNLESS AGREED TO IN WRITING AND SIGNED BY AN OFFICER OR OTHER AUTHORIZED REPRESENTATIVE OF SELLER.
Definitions
The "Seller" means BIOEFFECT hf.
The "Buyer" means the party that purchases The Product from the Seller according to the terms and conditions set out herein. A "Distributor" shall be considered a Purchaser.
The "Contract" means the contract according to the terms and conditions set out herein between the Seller and the Buyer for the sale and purchase of the Product. The Contract is binding for both parties when the Buyer has confirmed an order for the Products and receives the receipt of a payment or order confirmation from the Seller.
The "Product" means the product as described in the Buyer’s order and whose specifications are described in Product Information Sheet supplied by The Company for the Product.
The "Buyer’s order" means an offer from the Buyer to purchase the Product according to the Terms and Condition set out herein.
The "Product Information Sheet" means information, which the Seller will provide to the Buyer, regarding specifications of each Product which is being purchased.
Shipping and Delivery
Shipping and handling costs are prepaid and added to the invoice prior to the order confirmation of the Buyer. The Seller reserves the right to select the packaging and shipping method for the Product, which will ensure the stability of the Product and efficient tracing.
The Seller agrees to deliver the Product to the location specified by the Buyer in the Buyer’s order. Any damage during shipment is covered by a warranty provided by the courier service.
The Seller shall not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture, deliver or otherwise perform hereunder due to any cause beyond the Seller's reasonable control, including, without limitation, unsuccessful reactions, act of the Buyer, embargo or other governmental act, regulation or request affecting the conduct of the Seller's business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm or other acts of God, delay in transportation, or inability to obtain necessary labour, fuel, materials, supplies or power at current prices.
Our Customer Service Department is available to assist you should a problem arise with your order. Further information about how to contact the Customer Service Department is on The Company´s website, www.bioeffect.com, or send an e-mail to [email protected].
Pricing and terms of payment
Prices are subject to change without notice. In the case where the goods are not prepaid the Buyer must pay the price within thirty (30) days from date of the invoice. If the Buyer fails to pay the invoice within thirty (30) days the Seller is entitled to charge the Buyer for interest for the overdue payments from the date of the invoice until the invoice is fully paid. The Seller is also entitled to discontinue any further deliveries to the Buyer until payment has been made. Repeated cases of payment failure by the Buyer entitle the Seller to discontinue any further deliveries to him. Any claim by the Buyer shall not justify the Buyer to withhold payment for unpaid products.
VAT, Customs and other charges
VAT, taxes and admin fees for each country, state, province, and municipality are not included in our prices. VAT, taxes and other import charges are charged by each country. For this reason the Seller cannot include VAT, taxes and other import charges in the invoice that apply to individual countries.
Return Policy
Our Customer Service Department is available to assist you should a problem arise with your order. The Buyer must inspect all packages immediately upon receipt as required by good practice. The Buyer must notify the Seller, without unreasonable delay, of any damage or discrepancies from the day that he discovered, or ought to have discovered the defect. If the Buyer neglects to give notice in accordance with this clause the Buyer loses any right to make a claim to that effect.
Should the Product fail to conform to its specifications, as given in the Product Information Sheet, the Buyer must notify the Seller immediately without unreasonable delay, from the time that he first discovered, or ought to have discovered the defect. In case of such failure to conform to specification or if the Product has been shipped incorrectly to the Buyer, as the result of an error on the Seller’s part, the Seller will, upon a substantiated claim, replace the Product free of charge or refund the purchase price if the Product is not conforming to the specifications set out in The Product Information Sheet. The Seller shall have the right to investigate all claims before authorizing return of the Product.
Prior to returning any items please contact the Customer Service Department to obtain a Return Material Authorization and shipping instructions. The Seller shall have the right to investigate all claims before authorizing return of the Product. Shipment of authorized returns should be made within 30 days of the issuance of the return authorization.
Returns accepted for products ordered in error may be subject to a 50% processing fee.
Warranties
The Seller warrants that its products shall conform to the description of the Product Information Sheet provided to the Buyer by the Seller or other literature furnished to the Buyer by the Seller. THIS WARRANTY IS EXCLUSIVE AND THE SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The Seller's warranties made in connection with this sale shall not be effective if it is determined that that the Buyer has misused the Product in any manner, has failed to use the Product in accordance with normal standards and practices, or has failed to use the Product in accordance with instructions, if any, furnished by the Seller.
The Seller shall not in any event be liable for incidental, consequential, contingent or special damage of any kind resulting from any use or failure of the Product, even if the Seller has been advised of the possibility of such damage including, without limitation, liability for loss of use, loss of work in progress, down time, loss of revenue or profits, failure to realize savings, loss of products of the Buyer or other use or any liability of the Buyer to a third party on account of such loss or for any labour or any other expense, damage or loss occasioned by such product including personal injury or property damage unless such personal injury or property damage is caused by the seller’s gross negligence.
Use of products
The Seller will provide a Product Information Sheet for the Product to the Buyer upon delivery of the Product. The Seller warrants that each Product conforms to the specifications as given in Product Information Sheet for the Product. The warranty does not extend to any product that has been altered in anyway by others than the personnel of the Seller or handled in a manner deviating from instructions in the product documentation.
The Product is intended to be used for cosmetics purposes only, in the form of applying it on the surface of human skin, unless otherwise stated on product labels or in the Seller's Product Information Sheet or in other literature furnished by the Seller to the Buyer. The Product is not to be used for any other purposes, including but not limited to, in vitro diagnostic purposes, in foods, drugs or medical devices or for any medicinal purposes. The Buyer expressly represents and warrants to the Seller that the Buyer will not sell or use the Product for any other purposes except as stated herein and shall make sure that any third party is aware of the terms and conditions for the sole intended use of the Product. The Buyer further warrants to the Seller that the Product and any material produced with products from the Seller shall not be adulterated or misbranded by the Buyer.
The Buyer agrees to comply with instructions, if any, furnished by the Seller, relating to the use of the Product and warrants not to misuse the Product in any manner. The Buyer warrants to ensure that such instructions on the use of the Product will be furnished to any third party purchasing the Product. No Product purchased from the Seller shall, unless otherwise stated, be considered or promoted as being food, drugs or other medical medicine.
Buyer's Representations and Indemnity
The Buyer represents and warrants that it shall use all products ordered herein in accordance with the terms and conditions set out herein, and that any such use of products will not violate any law or regulation which the Buyer must conform to. The Buyer agrees to indemnify and hold harmless the Seller, its employees, agents, successors, officers, and assigns, from and against any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that the Seller may sustain or incur as a result of any claim against the Seller based upon negligence, breach of warranty, strict liability in tort, contract, or any other theory of law brought by the Buyer, its officers, agents, employees, successors or assigns, by the Buyer's customers, by end users, by auxiliary personnel (such as freight handlers, etc.) or by other third parties, arising out of the Buyer's failure to perform its obligations contained herein.
The Buyer shall notify the Seller in writing within fifteen (15) days of the Buyer's receipt of knowledge of any accident, or incident involving the Seller's products which results in personal injury or damage to property, and the Buyer shall fully cooperate with the Seller in the investigation and determination of the cause of such accident and shall make available to the Seller all statements, reports and tests made by the Buyer or made available to the Buyer by others. The furnishing of such information to the Seller and any investigation by Seller of such information or incident report shall not in any way constitute any assumption of any liability for such accident or incident by the Seller.
Miscellaneous
The Seller's failure to strictly enforce any term or condition of this order or to exercise any right arising hereunder shall not constitute a waiver of the Seller's right to strictly enforce such terms or conditions or exercise such right thereafter. All rights and remedies under this order are cumulative and are in addition to any other rights and remedies the Seller may have at law or in equity. Any waiver of a default by the Buyer hereunder shall be in writing and shall not operate as a waiver of any other default or of the same default thereafter. If any provision of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. The paragraph headings herein are for convenience only; they form no part of the terms and conditions and shall not affect their interpretation. These Terms and Conditions of Sale and Disclaimers contained herein shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto, and their respective heirs, personal representatives, successors and assigns.
Other
The Seller reserves the rights to discontinue any product or change unit quantities, formulation or product descriptions without notifying the Buyer. The Seller reserves the rights to deny deliveries to any buyer if deemed appropriate by the Seller and reimburse the Buyer if the Product was prepaid.
Governing Law
The interpretation and application of the Terms and Conditions and the Agreement shall be in accordance with Icelandic law. Both parties hereby agree that the only jurisdiction and venue for any dispute with the Seller or in any way relating to your use of this website, www.bioeffect.com, or to products purchased from the Seller is before District Court in Reykjavík, Iceland.
Please visit The Seller’s website, www.bioeffect.com, for further information regarding Terms and Conditions of Sale and Disclaimer.