Terms and conditions

Article I - General Provisions

1. These Business Terms and Conditions govern the rights and obligations of the parties arising from the conclusion of a distance purchase contract between the Seller and the Buyer, the subject of which is the sale and purchase of the goods for scientific research and development purposes only. The Buyer is entitled to order the goods and take them over personally at the Seller´s registered office: Kolonáda 4490/18, 984 01 Lučenec, and the provisions of these Business Terms and Conditions shall apply to this method of purchase of the goods accordingly.
2. These Business Terms and Conditions are an inseparable part of the purchase contract specified in Art. 1(1) of these Business Terms and Conditions.
3. These Business Terms and Conditions are drafted in accordance with the generally binding legal regulations. When concluding and fulfilling the contract, the Buyer shall not act as a consumer thus provisions of Act No. 513/2011 Coll. the Commercial Code shall govern the relations between the Buyer and the Seller.
4. These Business Terms and Conditions are published on www.particlepeptides.com, the website of the e-shop, and the Buyer can archive and reproduce them.
5. By placing the order, the Buyer confirms that he has thoroughly read and understood the Business Terms and Conditions.

Article II - Definitions

1. The Seller is the operator of the e-shop operated on www.particlepeptides.com:
   

   Commercial Name: PARTICLE s. r. o.

   Registered in the Commercial Register of Banská Bystrica District Court, Section: Sro, File No.: 27127/S

   Registered Office: Kolonáda 4490/18, 984 01 Lučenec

   Company Identification Number: 47 858 541

   TAX ID: 2024128172

   VAT ID: SK2024128172

   Represented by: Erik Susztay, Managing Director and Viktor Mužila, Managing Director

   E-mail: info@particlepeptides.com

2. The Seller declares that he is entitled to trade the offered goods for the limited purpose under the valid legislation.
3. The Buyer is a legal4. or a natural person older than 18 and while concluding and fulfilling the purchase contract he acts within the scope of his business activity, employment of profession (for the Czech Republic “within the scope of his business activity or self-employment”).
4. The subject matter of the purchase contract is the purchase of goods offered by the Seller on www.particlepeptides.com , for scientific research and development purposes only.
5. The goods mean any goods that may be marked and added to the cart within the e-shop on www.particlepeptides.com, “BUY PEPTIDES” and/or “LABORATORY EQUIPMENT” section. The goods offered by the Seller within the e-shop on www.particlepeptides.com are intended for scientific research and development purposes only
6. Supervisory authorities, under Sec.23 of Act No. 67/2010 Coll. on Conditions for the Placing of Chemical Substances and Chemical Mixtures on the Market and on amendment and supplementation to certain acts, as amended, are:
   
   • 6.1. the Slovak Trade Inspection and inspectorates of the Slovak Trade Inspection
     6.2. the Public Health Authority, regional public health authorities and the Regional Public Health Authority with registered office in Banská Bystrica
     6.3. the Slovak Environmental Inspection and inspectorates
     6.4. the National Labour Inspectorate and inspectorates
     6.5. the Main Mining Office and district mining offices
     6.6. Custom offices
     6.7. The Ministry of Defence

Article III - Advice of the Seller

1. The goods offered by the Seller within the e-shop on www.particlepeptides.com, are intended for scientific research and development purposes only (!). The goods offered by the Seller shall not be used for a purpose other than for the scientific research and development purposes while the Seller expressly notifies the Buyer that chemical substances (peptides) sold by the Seller:
   
   • 1.1. shall not be used as a drug, medicine, or an active substance (in the Czech Republic as a “medicinal product” or an “active substance”), which is an input raw material for manufacturing (in the Czech Republic “preparing”) of any human drug or veterinary drug or as a medical aid (in the Czech Republic “medical aid”) and at the same time for no diagnostic or therapeutic purposes of any kind;
     1.2. are not intended and shall not be used for human consumption, that is they are not food or food supplement (in the Czech Republic “food supplement”), while there is no reasonable assumption that chemical substances will or could be ingested by people as the Seller advices the Buyer of the given restriction;
     1.3. are not a cosmetic product (in the Czech Republic “cosmetic product”) nor a substance to be used for manufacturing (in the Czech Republic “preparing”) of a cosmetic product as they are not intended for contact with any external human body parts (skin, hair systems, nails, lips and external genitalia) or with teeth and oral cavity mucosa and a purpose of use is not cleaning of any external human body parts, teeth or mucosa, perfuming, changing their appearance, their protection, maintenance in good condition or modification to body smell;
     1.4. are not intended and shall not be used by athletes or other person in sport or used in any other way related to sporting activity under generally binding sporting legislation, in particular, but not exclusively, they shall not be transported, kept, offered, sold or provided to any athlete or other person in sport;
     1.5. shall not use them in any other way on humans or animals;
     1.6. are not considered to have anabolic or other hormonal effects specified in Act No. 397/2015 Coll. establishing a list of substances with anabolic or other hormonal effect and amending certain acts for the purposes of the Criminal Code (in the Czech Republic in the “Government Regulation No. 454/2009 Coll. laying down what is considered to have anabolic and other hormonal effect and what is their higher quantity for the purposes of the Criminal Code, and what is considered a method of increasing oxygen transport in the human body and other methods with doping effect for the purposes of the Criminal Code, as amended”);
     1.7. if the e-shop on www.particlepeptides.com, “PRODUCT INFORMATION” section provides positive and negative effects of the chemical substances sold in no way it shall indicate that the chemical substances are intended for human consumption or any purposes other than the scientific research and development purposes; the Seller hereby expressly warns that further studies, researches or analysis need to be carried out for the chemical substances and the information provided by him is intended for this need only.

Article IV - Declaration of the Buyer

1. The Buyer declares that he is a natural person older than 18 or a duly established and existing legal person, has professional knowledge and experience needed to handle the goods and his job position or title corresponds to the purpose of the scientific research and development.
2. The Buyer declares that heis not a consumer and as a natural person while concluding and fulfilling the purchase contract he acts within the scope of his business activity, employment of profession (for the Czech Republic “within the scope of his business activity or self-employment”). If the Buyer as a natural person while concluding and fulfilling the purchase contract should not act within the scope of his business activity, employment or profession and thus be deemed to be a consumer, the Buyer shall notify the Seller in advance of the same in writing and before the binding order for the goods is placed. The Buyer at the same time confirms that the Seller in no way asks or otherwise motivates the Buyer to pretend, either directly or indirectly, to be an entrepreneur, a person being a professional or an employee upon conclusion and/or when fulfilling the purchase contract. If the Buyer deceives the Seller in terms of his position as a consumer, the Buyer acknowledges that the Seller will seek to ensure that the Buyer is not granted the consumer status and consumer protection under generally binding legal regulations.
3. The Buyer declares that he was advised that the goods must not be used for other than the scientific research and development purposes. The Buyer declares that he buys the goods and will use them for the scientific research and development purposes only (!). The Buyer undertakes that the chemical substances (peptides) sold by the Seller:
   
   • 3.1. will not be used as a drug, medicine, or an active substance (in the Czech Republic as a “medicinal product” or an “active substance”), which is an input raw material for manufacturing (in the Czech Republic “preparing”) of any human drug or veterinary drug or as a medical aid (in the Czech Republic “medical aid”) and at the same time for no diagnostic or therapeutic purposes of any kind;
     3.2. will not be used for human consumption, that is as food or food supplement (in the Czech Republic “food supplement”), while ensuring that no reasonable presumption exists that chemicals substances are or could be used by people subject to the Seller's explicit notice to the Buyer regarding this fact;
     3.3. will not be used as a cosmetic product (in the Czech Republic “cosmetic product”) nor as a substance to be used for manufacturing (in the Czech Republic “preparing”) of a cosmetic product as they are not intended for contact with any external human body parts (skin, hair systems, nails, lips and external genitalia) or with teeth and oral cavity mucosa and their intended purpose is not cleaning of any external human body parts, teeth or mucosa, perfuming, changing appearance, protection, maintenance in good condition or modification to body smell;
     3.4. will not be used as by athletes, will not be transported, imported or exported, neither kept, offered, sold nor in any other way provided to athletes or other person in sport, or used in any other way related to sporting activity under generally binding sporting legislation;
     3.5. will not be used in any other way on humans or animals;
     3.6. any information provided by the Seller prior to conclusion and during the purchase contract shall be used for the scientific research and development purposes only and such chemical substances and information will not be further disseminated in a way other than by presenting that they are to be used for the scientific research and development purposes only.
4. The Buyer notes that there are certain risks associated with the handling, use, export, import and distribution of the goods. The Buyer declares that he was thoroughly acquainted and is fully aware of the relevant legislation of the Slovak Republic, the European Union and the state of delivery related to the purchase, import, export, use, loading and distribution of the goods, health and security risks associated with the handling of the goods, industrial hygiene rules necessary for the protection of employees and any duty to adequately inform third parties on the health and security risks associated with the goods. If the goods cannot be delivered to the requested state under the relevant legislation of the given state, the Buyer shall be liable for any damage incurred by the Seller in connection with the dispatch and return of the goods.
5. The Seller is not obliged to know the relevant legislation of the state of delivery related to the import, export, distribution and handling of the goods. If the Buyer is interested in the conclusion of the purchase contract with the Seller, the subject matter of which consists in the delivery of the goods offered by the Seller, it is his duty to acquaint himself with the relevant legislation of the Slovak Republic, the European Union and the state of delivery and possibility to import the goods into the requested state and explicitly notify the Seller of any restrictions.
6. The Buyer declares that he has thoroughly acquainted himself with the criminal consequences arising from the unauthorised handling of substances with an anabolic or other hormonal effect and he is aware of the fact that a person who unlawfully manufactures, imports, exports, transports, offers, sells, provides someone else with or gives a substance with an anabolic or other hormonal effect under a special regulation (in the Slovak Republic it is Act No. 397/2015 Coll. establishing the list of substances with anabolic or other hormonal effect for the purposes of the Criminal Code and amending certain acts; (in the Czech Republic it is the “Government Regulation No. 454/2009 Coll. laying down what is considered to have anabolic and other hormonal effect and what is their higher quantity for the purposes of the Criminal Code, and what is considered a method of increasing oxygen transport in the human body and other methods with doping effect for the purposes of the Criminal Code, as amended”) for other than a medical purpose, or who intermediates such activity, may commit a crime of unauthorised handling of substances with an anabolic or other hormonal effect. The Buyer declares that the purchase of the goods from the Seller means committing no offense of illicit handling of substances with anabolic or other hormonal effect, or any other crime.
7. The Buyer declares that he will test, use, import, export, distribute and place on the market the goods only in compliance with the relevant legislation of the given state, these Business Terms and Conditions and experience acquired in this field.
8. The Buyer declares that only qualified and properly trained persons participating in the scientific research and development will be handling the goods.
9. In accordance with the Buyer´s declarations, the Seller assumes that the Buyer has been informed on the characteristics, possibility to use, handling conditions and storage of the goods and on related legislation. The Seller will not provide the Buyer with any advice, consulting or information on the characteristics, possibilities to use, handling conditions and related legal regulations except for the one published on the e-shop website www.particlepeptides.com.
10. The Buyer buys, uses, imports, exports, distributes and performs any other research and development activities with the goods at his own risk. The Seller is not liable for any damage that can arise by incorrect use of the goods, negligence, misuse or any other unforeseeable circumstance, regardless of whether the Buyer or a third party claims them under the purchase contract, liability for damage or other legal reason. The Seller is not liable for any breach of criminal law regulations by the Buyer. The Buyer declares that he will be liable for any damage incurred by the Seller or any third party due to the fact that he handled the goods, imported the goods, exported the goods, distributed the goods or otherwise used the goods in the way contrary to these Business Terms and Conditions.
11. The Seller does not tolerate the misuse of the goods sold-. The Seller is entitled to refuse to sell the goods to the Buyer if he has a reason to believe that the Buyer is not a natural person older than 18 years, a person with necessary knowledge and experience in the discipline or if he has a reason to believe that the goods will be used contrary to these Business Terms and Conditions, relevant legislation or purpose of the sale. The objection shall not be interpreted so as the Seller is obliged to find out, verify or otherwise examine circumstances under which the Buyer buys the goods while the Seller states that he relies on veracity and correctness of the declarations of the Buyer under this Article of the Business Terms and Conditions.

Article V - Conclusion of the Purchase Contract

1. The list of products on www.particlepeptides.com is a catalogue of normally supplied goods. Disclosing information on www.particlepeptides.com shall not be considered a proposal of the Seller to conclude a contract as the data on the website are of information nature only and become binding only when an order of the Buyer is expressly confirmed by the Seller.
2. The goods may be ordered on www.particlepeptides.com. The Buyer is entitled to order the goods also personally at the Seller´s registered office: Kolonáda 4490/18, 984 01 Lučenec.
3. When buying products through www.particlepeptides.com, the Buyer puts a selected product into the cart by clicking on the “ADD TO CART” button. After the shopping is finished, the Buyer will get to the sub-page of the cart, “SHOPPING CART” that contains a summary of the goods selected, including its description, availability, unit price, quantity, price and total purchase price. After the Buyer has created a user account or after he has logged in on the sub-page marked as “LOGIN”, the Buyer then selects the delivery address on the “ADDRESS” sub-page and selects the delivery method on the “DELIVERY” sub-page. Before the binding order is placed, the Buyer shall acquaint himself with these General Business Terms and Conditions of the Seller marked as “Business Terms and Conditions” and click to agree with them. At the same time, the Buyer shall confirm information related to the purpose of purchase and related facts on the “DECLARATIONS OF THE BUYER” sub-page. If the Buyer has any questions or something is unclear related to contents of the “DECLARATION OF THE BUYER”, he may address the Buyer before any binding order is placed. The Buyer shall select the payment method on the “PAYMENT” sub-page where the Buyer will see summary of his order, before his binding order is placed. He will bindingly confirm the order by clicking on “ORDER WITH OBLIGATION TO PAY”. Before placing his order, the Buyer can check it and correct it, if necessary.
4. By placing his order or ordering in person with delivery of the order, the Buyer confirms that he is aware of the fact that obligation to pay purchase price constitutes a part of the order.
5. After the binding order was received, the Seller shall verify availability of particular items of the goods ordered and capability of the Seller to duly and timely deliver the goods to the Buyer under the order; based on such verification the Seller either confirms the order or informs the Buyer on impossibility to deliver the goods. The purchase contract between the Seller and the Buyer is considered concluded by the delivery of the confirmation by the Seller. Such concluded purchase contract is binding. It can be amended or terminated only on the basis of an agreement between both parties or for legal reasons.
6. The purchase contract concluded between the Seller and the Buyer is archived by the Seller for at least ten years in order to successfully perform it and to fulfil duties arising from special legislation for the Seller, in particular in the field of accounting and tax regulations.

Article VI - Rights and Obligations of the Parties

1. The subject of the purchase contract consists of the rights and duties of the parties.
2. The Seller is mainly obliged to:
   
   • 2.1. provide the Buyer with information on the goods in compliance with applicable legislation,
     2.2. pack the goods for the transport so that the goods will not be damaged,
     2.3.deliver the goods to the Buyer to the place of delivery in the proper and timely manner.
3. The Seller has the right to be paid the purchase price duly and timely.
4. The Buyer is mainly obliged to:
   
   • 4.1. State only true, complete and correct data and information on the order;
     4.2. Take the goods over duly and timely;
     4.3. Pay the Seller an agreed purchase price within maturity period, including the costs of the delivery of the goods, unless parties have agreed that the Seller bears the costs of the delivery of the goods,
     4.4. Use the goods under these Business Terms and Conditions only for the scientific research and development purposes,
     4.5. Handle the goods, import, export, distribute and otherwise use the goods only in compliance with the relevant legislation of the relevant state, the purchase contract and these Business Terms and Conditions.
5. The Buyer notes that if he breaches contractual duties arising for him from the purchase contract, he is liable for damage incurred by the Seller due to this breach.
6. The Buyer notes that if he breaches duties arising from Criminal Code, he carries criminal liability.
7. If the Buyer indicates the goods to be delivered to any state other than the Slovak Republic and the goods cannot be delivered to the requested state under the relevant legislation of the given state, the Buyer is liable for any damage incurred by the Seller in connection with the dispatch and return of the goods. If the goods are returned due to the above reasons, the Seller will return purchase price to the Buyer after deduction of the costs of the delivery and return of the goods and a contractual fine in the amount of 20 % off the purchase price. If the returned goods are damaged or deteriorated, the Seller is not obligated to return to the Buyer neither the purchase price nor the costs of the delivery and return of the goods.

Article VII - Purchase Price for the Goods

1. Purchase prices of individual goods items on the www.particlepeptides.com online store website are current and valid. The prices include value added tax (VAT) at statutory rate and any other taxes.
2. The final purchase price is a summary price stated on an order form shortly before a binding order is sent, including any fees (e.g. postage), when the goods are ordered personally, the price given by the Seller before the order of the Buyer is confirmed.
3. The Seller is bound by his offer, including the purchase price for the goods, for the entire period of publication of the goods on www.particlepeptides.com. The purchase contract is concluded and thus particular rights and obligations arise with regards to particular goods only after the order is confirmed by the Seller. The Seller guarantees the delivery of the goods for the purchase price, that was stated on the order of the Buyer placed on www.particlepeptides.com at the time of ordering.
4. An invoice (a tax document), which will be sent to the Buyer in the electronic form together with confirmation of the dispatch of consignment after payment of the purchase price is a document about the sale including price, when the goods are ordered in person the confirmation of payment of the purchase price will be given to the Buyer in person or sent to his e-mail address.

Article VIII - Postage and Packaging Fees

1. The Seller does not charge any packaging fees.

Article IX - Payment Terms

1. The Buyer is obligated to pay the Seller the purchase price agreed in the purchase contract, including the costs of the delivery of the goods.
2. The Buyer can pay the purchase price as follows:
   
   • Payment in advance by a bank transfer
   • Cash payment for personal orderings of the goods.
3. The Buyer pays the purchase price based on confirmation of his order. If the Buyer does not pay for the goods ordered within 10 days of the confirmation of his order, the Seller is entitled to withdraw from the purchase contract.

Article X - Delivery Terms

1. The Seller dispatches the goods ordered to the Buyer mostly within 10 business days from the day the order is confirmed and the purchase price is credited. If the goods cannot be shipped within the given period, the parties will agree on an additional performance period. Delivery times for the goods ordered shall be adequate, while depend on the selected place and delivery method. For the goods ordered personally it applies that the goods are available immediately unless the Seller determinies otherwise.
2. The costs of the delivery of the goods depend on a delivery method chosen, while the accurate calculation of the delivery costs will be shown in the order when choosing the delivery method on the “SHIPPING” sub-page.
3. The Buyer is obliged to take the goods over at the place stated in the order in person or through an authorised person.
4. A carrier is liable for any damage from the moment the goods have been handed over to the carrier for transport. Therefore, the Buyer or a person authorised by him is obliged, when taking the goods over, to inspect the packaging, in which the goods are packed, for damages. If it is damaged, the goods must not be taken over or a record must be written down with the carrier or the goods can be taken over and a record of identified defects caused during the transport must be written down with the carrier immediately. If the Buyer takes the goods over despite obviously damaged packaging, the Seller does not have to accept possible later claims for this reason.
5. If the Buyer identifies damage to the goods after the goods have been taken over, he will inform the Seller on the shortcomings by sending an e-mail to info@particlepetides.com.

Article XI - Acquiring the Ownership and Transfer of the Risk of Damage to the Goods

1. The Buyer acquires title to the goods only by full payment of the purchase price.
2. The risk of damage to the goods is transferred to the Buyer at the time of taking the goods over from the Seller, or, if he does not do so on time, at the time when the Seller allows him to handle the goods and the Buyer takes the goods over.

Article XII - Liability for Defects and Claims Policy

1. The Seller`s liability for defects and claims policy are governed by the relevant provisions of the Return Policy adopted by the operator and published on the www.particlepeptides.com website in the Transport and Claims section.

Article XIII - Duration and Termination of the Purchase Contract

1. The purchase contract is concluded for a definite period, i.e. until the proper fulfilment of duties of both parties arising from the purchase contract and these Business Terms and Conditions, which constitute an integral part thereof.
2. If the purchase contact is terminated early, e.g. because of withdrawal of either party, the Buyer shall, if he has already been delivered the goods, return such goods within 14 days from withdrawal from the contract to the Seller, by post or a carrier. However, this does not apply if the Seller proposes that he or a person authorised by him will collect the goods. The deadline under the first sentence shall be deemed met if the goods were given for transport at least on the last day of the period. The Buyer shall deliver the goods to the Seller to the following address: PARTICLE s. r. o., Kolonáda 4490/18, 984 01 Lučenec. The Buyer is liable for any deterioration of the goods due to the handling of the goods.
3. The Seller is obliged to return to the Buyer any payments that the Seller has received under or in connection with the purchase contract without undue delay, within 30 days of the day of the delivery of withdrawal notice, , unless otherwise provided in these Business Terms and Conditions.
4. The parties can agree that instead of returning the purchase price, the Seller will replace the goods returned with other goods from his offer with a corresponding value.
5. When the purchase contract with the subject matter being the sale of the goods is terminated early, the Seller is not obliged to return to the Buyer payments before the goods are duly returned unless the Seller proposes that he or a person authorised by him will collect the goods.
6. The Seller is not obligated to pay the Buyer additional costs if the Buyer  opted for a delivery method other than the cheapest common delivery method offered by the Seller.
7. The Seller reserves the right not to take over the goods sent by the Buyer in the form of cash on delivery.
8. The Seller is entitled to withdraw from the contract and when he is not able to deliver the goods to the Buyer in the proper and timely manner, especially due to sold-out stocks or unavailability of the goods.

Article XIV - Privacy Policy

1. Information on data subjects (buyers) is processed by the Seller as a controller in compliance with the GDPR and Act No. 18/2018 Coll. on Personal Data Protection, as amended.
2. The terms and conditions of the processing of personal data by the Seller as a controller are specified on www.particlepeptides.com in the
    Privacy Policy section.

Article XV - Copyright

1. Information, text, video recordings, sound recordings, video-sound recordings and other content prepared or published by the Seller (hereinafter the “Internet Website Content”) are protected in compliance with Act No. 185/2015.  The Seller exercises all rights related to the author`s work.
2. The Buyer and third parties are entitled to use the Internet Website Content only for their own, non-commercial purposes. Any other use, especially further distribution, copying, publishing and providing it to any third party, is prohibited without the Seller`s consent.
3. Any other use of the Seller`s Internet Website Content may result in liability for damage, fulfilment of the  merits of certain offences or other legal consequences.

Article XVI - Applicable Law and Jurisdiction

1. Relationships between the parties arising out of the purchase contract and these Business Terms and Conditions shall be governed by the legal regulation of the Slovak Republic, in particular by provisions of the Commercial Code while the parties hereby exclude application of the collision standards that would stipulate jurisdiction not being the jurisdiction of the Slovak Republic.
2. The parties undertake that any disputes arising out of fulfilling the purchase contract and these Business Terms and Conditions shall be preferably resolved by mutual agreement. If the parties fail to come to an amicable resolution, the party which feels to be disadvantaged in terms of its rights shall address the competent court. All disputes arising between the parties shall be finally resolved by the competent court of the Slovak Republic.

Article XVII - Final Provisions

1. These Business Terms and Conditions are valid as posted on www.particlepeptides.com on the day when the binding order is placed by the Buyer unless the parties agree otherwise.
2. The Seller reserves the right to amend these Business Terms and Conditions anytime if it is required by a change in business policy or applicable legislation.
3. These Business Terms and Conditions come into force and effect on 01.01.2020.