General Terms and Conditions of Sale – DNAFoil®
These general terms and conditions (Terms and Conditions) relate to products and services in connection with the DNAFoil® provided by SwissDeCode SàrL, a Swiss company, with registration number CH-5188.8.131.520-4 and with its registered office at Chemin du Crêt 6, Chavannes-de-Bogis, 1279 Vaud, Switzerland (SwissDeCode).
Any order for any product and/or service in connection with the DNAFoil® to be provided by SwissDeCode (Product and/or Service) will only be accepted by SwissDeCode, if it has been correctly submitted through the SwissDeCode web-site, at http://www.swissdecode.com (SwissDeCode Website).
Each and every order placed through the SwissDeCode Website for a Product and/or a Service is subject to these Terms and Conditions: any person making an order (you) for a Product and/or Service from SwissDeCode agrees that, if such (your) order is accepted, it is exclusively governed by these Terms and Conditions.
ARTICLE 1: Version Control, Language:
1.1 If there is any amendment or variation to these Terms and Conditions, the version in effect at the conclusion of the contract between you and SwissDeCode shall be the version that governs the contract and shall supersede all previous versions.
1.2 No amendment or variation to the Terms and Conditions shall be binding on SwissDeCode unless explicitly approved in writing by SwissDeCode.
1.3 These Terms and Conditions are in the English language: while they may be translated into other languages, if there is any difference in the interpretation of such translated version, the English language version shall prevail.
ARTICLE 2: Offer, Conclusion of Contract:
2.1 By applying for a Product and/or Servce through the SwissDeCode Website, You make an offer to acquire the desired Product and/or Service from SwissDeCode: this offer does not bind SwissDeCode until it is accepted in writing by SwissDeCode.
2.2 The details of each Product and/or Service on the SwissDeCode Website may have minor inaccuracies and/or deviations regarding quantity, measures, weights, nature and quality: any such minor inaccuracy and/or deviation shall not be a cause for any claim against SwissDeCode, whether under any representation or any warranty or pursuant to these Terms and Conditions or at law.
2.3 SwissDeCode shall only have accepted your offer: upon the dispatch of an email by SwissDeCode to the email address that you have submitted to the SwissDeCode Website in accordance with these Terms and Conditions, which accepts your offer; and SwissDeCode has received the payment in full, including any tax and the shipping costs, for the Product and/or Service ordered.
ARTICLE 3: Prices, Payment:
3.1 Details of the price, the quantity and delivery details of any Product and/or Service may vary from those set out on the SwissDeCode Website: the price, the quantity and delivery details of any Product and/or Service set out on the SwissDeCode Website are not binding on SwissDeCode.
3.2 The prices charged by SwissDeCode for the Products and Services are in United States Dollars (USD) and SwissDeCode shall charge value added tax and any other applicable taxes and duties in accordance with all applicable regulations and laws that apply to the supply of the Product and/or Service to you from Switzerland.
3.3 The prices, the quantities and delivery details for the Products and Services in effect at the time of the email from SwissDeCode to you, accepting your offer, shall be those that apply to the offer.
3.4 The prices and delivery details for the Products include the costs of any packing but do not include the costs of transporting the Products from the premises of SwissDeCode, such transport costs will be detailed to you when SwissDeCode accepts your offer by email and must be paid in full prior to SwissDeCode dispatching the Products.
3.5 SwissDeCode only accepts payment by PayPal and by Bank Transfer in accordance with the details set out in the email sent by SwissDeCode to you accepting your offer. Payment must be made by the date and time set out in the email.
3.6 SwissDeCode will not dispatch any Product nor deliver any Service until payment in full has been received by SwissDeCode, as set out in the email sent by SwissDeCode to you accepting your offer.
ARTICLE 4: Delivery:
4.1 SwissDeCode does not guarantee that any Product or Service will be delivered to you on a specific date.
4.2 On receipt of your order, a Product or Service may not be available: if this occurs, you will be notified by email and you will be informed of the anticipated date of availability.
4.3 If it is only possible to deliver part of your order, before SwissDeCode dispatches part of your order, you will be contacted by email.
4.4 In the event of any force majeure impacting SwissDeCode or any of its suppliers, whether through operational breakdowns, labor conflicts or other hindrances beyond their reasonable control, SwissDeCode shall be released from its obligations regarding the delivery of any Product and/or Service for the duration of the force majeure and its effects.
ARTICLE 5: Shipment:
5.1 SwissDeCode shall ship all Products using a recognized international courier service to the address provided by you.
5.2 The risk of loss or damage to any Product shall pass to you on delivery of the Product to the recognized international courier service selected by SwissDeCode to ship the Product to you.
5.3 You may only return the Product to SwissDeCode with the prior consent of SwissDeCode by email, and, in such cases, SwissDeCode will only accept any such returned Product if it has been correctly packaged.
ARTICLE 6: Notices of Defects, Warranties:
6.1 In the event that any Product you receive varies in quality or quantity from that agreed with SwissDeCode, or is faulty, SwissDeCode shall not be liable for any claim by you unless you have notified SwissDeCode by email within 7 calendar days of the receipt of the Product.
6.2 In the event that there is any hidden defect in any Product you receive: SwissDeCode shall not be liable for any claim by you if one calendar year shall have passed since the date of delivery of the Product to you; and SwissDeCode shall not be liable for any claim by you unless you have notified SwissDeCode by email within seven calendar days of the discovery of such hidden defect.
6.3 In the event of any variation in quality or quantity, of any fault or of any hidden defect, SwissDeCode shall deliver a replacement Product to you at its own cost. In the event that such replacement Product may vary in quality or quantity, has any fault or has a hidden defect you may demand the return of your purchase price, together with any shipping costs.
6.4 The obligations of SwissDeCode pursuant to Article 6.3 of these Terms and Conditions shall not arise if you have failed to handle or to use the Product correctly.
6.5 No claim may be made against SwissDeCode for any mis-representation or any breach of any warranty by SwissDeCode after one calendar year and seven calendar days have passed following the delivery of the Product to you.
ARTICLE 7: Liability and Indemnity:
7.1 The Company makes no warranty with respect to any Product and/or Service:
YOU UNDERSTAND AND AGREE THAT THE PRODUCT IS EXPERIMENTAL IN NATURE AND THAT IT IS PROVIDED WITHOUT ANY WARRANTY AS TO RESULTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT, AND WITHOUT REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED.
7.2 Save for the obligations set out in Article 6 of these Terms and Conditions, SwissDeCode excludes any and all liability in all other respects.
7.3 SwissDeCode excludes any liability for any damages that arise from the improper handling and processing of any Product.
7.4 SwissDeCode shall not be liable for any damages that are notified to SwissDeCode more than one year and seven days after delivery of the Product to you.
7.5 You will indemnify and hold SwissDeCode harmless from any claims, costs, expenses or damages arising from the improper use, misuse or neglect of the Product and or Service or any breach of these Terms and Conditions or from any default on your part.
ARTICLE 8: Use of the Products and/or Services:
8.1 Each Product and/or Service may only be used for research purposes: they may not be used for commercial purposes.
8.2 On delivery, each Product will include detailed instructions and these instructions should be carefully followed. Before usage of any Product, you will be required to under-take a SwissDeCode training course and to become a certified user, see the SwissDeCode Website for further information.
8.3 The use of any Product and/or Service for a purpose that is not a research purpose and which is not within the scope of the Product is not permitted by SwissDeCode and shall require the express prior written consent from SwissDeCode.
8.4 The use of any Product and/or Service for any commercial purpose is completely at your own risk and is not permitted by SwissDeCode.
8.5 Any distribution of any Product or the provision of any services involving any Product shall require the prior written consent of SwissDeCode.
ARTICLE 9: Governing Law and Place of Performance:
These Terms and Conditions are to be interpreted under Swiss law and any disputes are to be settled by the Swiss courts.