Terms and conditions
Article I - General provisions
- These business terms and conditions provide for the rights and duties of contracting parties arising from the conclusion of a distance purchase contract between a seller and a buyer, the subject of which is the sale and purchase of the goods for laboratory and research purposes only.
- These business terms and conditions constitute an integral part of the purchase contract specified in Article 1(1) of these business terms and conditions.
- These business terms and conditions have been prepared under
- Act No. 40/1964 Z. z. Civil Code, as amended,
- Act No. 250/2997 about protection of consumer´s rights,
- Act No. 102/2014 about protection of consumer´s rights when selling the goods or services by distance or off-premises contract, as amended,
- Act No. 391/2015 on alternative dispute resolution for consumer disputes,
- Act No. 513/1991 Coll. the Commercial Code, as amended.,
- Act. Act No. 22/2003 Coll. on Electronic Commerce and on Amendment and Supplementation to Act No. 128/2002 Coll. on State Control of Internal Market in Consumer Protection Matters and on Amendment and Supplementation to Certain Acts as amended by Act No. 284/2002 Coll., as amended.,
- 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.,
- Act No. 362/2011 Coll. on Medical Products and Medical Devices and on Amendment and Supplementation to Certain Acts, as amended and other relevant legislation.
4. The legal relation between seller and consumer are governed in compliance with Act No. 40/1964 Civil Code and other relevant legal provisions and legal relation between seller and entrepreneur are govern in compliance with Act No. 513/1991 Commertial Code.
5. The buyer declares that he buys the goods and will further use them only for research and scientific purposes within his business, scientific, research and other activity. The buyer declares that he is aware of criminal consequences resulting from the unauthorized handling of substances with anabolic and other hormonal effect.
6. These business terms and conditions are published on the website of www.particlepeptides.com online store and the buyer can archive and reproduce them.
7. By sending an order, the buyer acknowledges that he has thoroughly acquainted himself with the business terms and conditions and he has understood their content.
Article II - Definition of terms
- The seller means an operator of www.particlepeptides.com onlilne store:
Business name: PARTICLE s.r.o.
Reg. registered in the Commercial Register of Banská Bystrica District Cour, Section: Sro,
File No. 27127/S
Registered Office: Ulica mieru 2531/4, 984 01 Lučenec
Reg. No.: 47,858,541
Tax No.: 2024128172
VAT No.: SK2024128172
Represented by: Erik Susztay, Executive Manager
Viktor Mužila, Executive Manager
2. The seller declares that he is in compliance to current legislation authorized to trade with offered products for a specified purpose.
3. The buyer is a physical person older than 18 years or a legal entity, who buyes products as a consumer or entrepreneur.
4. The buyer consumer is a physical person, who in concluding and performing the contract does not act within the scope of his business, employment or occupation. Buyer consumer must be older than 18 years.
5. Consumer contract is every contract regardless of legal form, concluded between a seller and consumer.
6. The buyer entrepreneur is accordin to Commertial Code:
- a party registered in the Companies Register,
- a party conducting business pursuant to a Trading License,
- a party conducting business pursuant to an authorization other then Trading License pusruant to special legislation,
- an individual engaged in agriculture, who is entered in a register according to the special legislation.
7. A distance contract is contract between seller and consumer, that is negotiated and concluded with the exclusive use of one or more means of distance communication, such as website, e-mail, telephone, fax, adressed letter or catalog.
8. The subject of the purchase contract consists in the purchase of the goods offered by the seller by means of online store for research and scientific purposes only.
9. The supervisory authorities, under 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:
- The Slovak Trade Inspection and inspectorates of the Slovak Trade Inspection,
- The Public Health Authority, regional public health authorities and the Regional Public Health Authority with registered office in Banská Bystrica,
- The Slovak Environmental Inspection and inspectorates,
- The National Labour Inspectorate and labour inspectorates,
- The Main Mining Office and district mining offices,
- The Customs offices,
- The Ministry of Defence.
Article III - Instruction of the seller
- The goods offered by the seller by means of online store are designed for research and scientific purposes only. The goods offered by the seller represent chemical substances that must not be used for people or animals, as foodstuff, food additives, drugs, medical devices, cosmetics for people or animals.
- No product offered by the seller can be considered a meal, food additive, drug, nutrient, cosmetics or other substance designed for people or animals. No product can be used for diagnostic or therapeutic purposes.
- The buyer declares that he has been properly instructed on the fact that the goods must not be used for other than scientific and research purposes and that the goods are not intended for people or animals, cannot be used as foodstuff, food additives, drugs, medical devices, cosmetics for people or animals or for business purposes.
- 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 is a person older than 18 years, has expertise and experience necessary for the handling of the goods and his job position or status corresponds to the purpose of the handling of the goods.
- The buyer declares that he is fully aware of the relevant legislation of the Slovak Republic and the state of delivery related to the purchase, use and distribution of the goods, health and security risks associated with the handling of products, industrial hygiene rules necessary for the protection of the staff and duty to adequately inform third parties on the health and security risks associated with products.
- The seller is not obligated 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 and the state of delivery and possibility to import the goods into the requested state.
- The buyer declares that he has thoroughly acquainted himself with the relevant legislation of the Slovak Republic and the state of delivery related to the possibility to import, export, distribute and use the goods in this state. If the goods cannot be delivered to the requested state under the relevant legislation of the given state, the buyer is liable for eventual damage incurred by the seller in connection with the dispatch and return of the goods. In case the goods are returned due to the above reasons, the seller will return to the buyer purchase price 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. In case 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.
- The buyer declares that he has thoroughtly acquainted himself with the criminal consequences araising from the unauthorized handling of substances with anabolic and other hormonal effect and that he is aware, that any person who illegaly produces, imports, exports, transits, offers, sells or provides to another person substance with anabolical or other hormonal effect under a special regulation for other than treatment purposes or who mediates such activity, may commits a crime of unauthorized handling of substances with anabolic or other hormonal effects. The buyer declares, that in connection to the purchase of a products, he is not going to commit the crime of unauthorized handling of substances with anabolic or other hormonal effects or any other crime.
- 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. The buyer declares that he will not use the goods for other than research and scientific purposes.
- The buyer declares that only qualified and properly trained persons will be handling the goods.
- In accordance with the buyers 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 does not tolerate the misuse of the goods sold in any case. 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 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 seller buys, uses, imports, exports, distributes and performs any other research with the goods at his own risk. The seller is not liable for eventual damage that can be used 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 responsible of any infrigement of criminal law by 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.
Article IV - Conclusion of the purchase contract
- A list of products on the www.particlepeptides.com internet store website is a catalogue of commonly delivered products and the seller does not guarantee immediate availability.
- Products offered by the seller can be ordered through the seller`s website.
- When buying through the seller´s website the buyer places products to the cart by clicking „add to cart“. After buying is finnished you will get to the cart page with summary of selected products. After creating your user account or singning into existing one, you can choose payment and delivery method. The order will be confirm by clicking on „Order with obligation to pay“. The buyer can check and possibly fix his order before it is send.
- An order made through any means of distance communication is binding.
- By sending the order the buyer confirm, that he was familiar with fact, that the order implies an obligation to pay the price.
- After a binding order has been received, the seller will confirm the conclusion of the purchase contract on a durable medium. The purchase contract is considered concluded by the delivery of confirmation. Such a concluded contract is binding. It can be amended or terminated only on the basis of an agreement between both contracting parties or for legal reasons.
- The confirmation of contract formation includes mainly name and specification of the product, price, date of delivery, place of delivery and identification of seller.
- The purchase contract concluded between the seller and the buyer is archived by the seller for the period of at least five years in order to successfully perform it and to fulfil his duties arising from special legal regulations. Third non-interested parties do not have access to the purchase contract.
Article V - Rights and duties of contracting parties
- The subject of the purchase contract consists in the rights and duties of contracting parties.
- The seller is mainly obligated
- to provide the buyer with information on products in compliance with applicable legislation,
- pack the goods for the transport so that the goods will not be damaged,
- deliver the goods to the buyer to the place of delivery in the proper and timely manner,
- deliver to the the buyer, not later than with the delivery of the goods, any documents necessary for the proper takeover and use of the goods in compliance with relevant legislation.
3. The seller has a right to get paid the purchase price in the proper and timely manner.
4. The buyer is mainly obligated
- to take over the goods in the place of delivery in the proper and timely manner,
- pay the seller an agreed purchase price within maturity period, including the costs of the delivery of the goods, unless contracting parties have agreed that the seller bears the costs of the delivery of the goods,
- use the goods in accordance with these business terms and conditions for scientific and research purposes only,
- purchase contract and these business terms and conditions.
5. The buyer notes that in case 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 in case he breaches duties arising from Criminal Code, he carries criminal responsibility.
Article VI - Price of the goods or a service
- Prices of individual products 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.
- Final price is a summary price stated on an order form shortly before a binding order is sent, including any fees (e.g. postage).
- The seller is bound by his offer, including price, for the whole time of publication the goods on his website. The seller guarantee the delivery of goods for price, that was stated on his website at the time of ordering.
- 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, is a document about the sale, including price.
Article VII - Shipping and handling
- The costs of the delivery of the goods in the Slovak Republic and abroad are specified in a "Shipping and returns" section.
- The seller does not charge for packing.
Article VIII - Payment terms
- The buyer is obligated to pay the seller a purchase price agreed in the purchase contract, including the costs of the delivery of the goods.
- The buyer can pay the purchase price as follows:
- A payment in advance by a bank transfer
The buyer pays on the basis of 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 IX - Delivery terms
- The seller undertakes to dispatch the ordered goods to the buyer within10 working days of the confirmation of order and the receipt of payment. The buyer will be notify about shipment by e-mail. Within Slovakia, the order will be delivered to the buyer within 2 working days from day of shipping. Period for delivering goods to another country depends on selected place and delivery method.
- If the goods cannot be shipped within the above term, contracting parties can agree on an additional performance period. Delivery term depends on the place and method of delivery.
- 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.
- The buyer is obligated to take the goods over in the place stated in the order or through an authorised person.
- A carrier is liable for 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 obligated, when taking the goods over, to inspect whether the packaging, in which the goods are packed, is damaged. If it is, the goods must not be taken over or a record must be prepared together with the carrier or the goods can be taken over and a record of identified defects caused during the transport must be prepared with the carrier. In case the buyer takes the goods over despite obviously damaged packaging, the seller does not have to accept eventual later complaintsf for this reason.
- The risk of damage is transferred to the buyer at the time when he takes the goods over or if he does not do so on time, at the time when he can dispose of the goods.
- If the buyer will notice any damage on the goods, he shall inform the buyer by e-mail to email@example.com.
Article X - Acquire of ownership and transfer of the risk to damage of goods
- The buyer consumer acquires the ownership of the goods at the moment of taking delivery at place that was selected in order. The buyer entrepreneur will not acquire the ownership until the full payment is payed.
- The risk to damage of goods is transfered to the buyer at the moment, when he takes delivery from seller, or if he doesn´t take delivery at time, the risk to damage is transfered to the buyer at the moment, when the seller enabled him to do so.
Article XI - Withdrawal from contract
- Withdrawal from contract is govern in compliance to Act No. 102/2014 about protection of consumer´s rights when selling the goods or services by distance or off-premises contract, as amended.
- The consumer has a right to withdraw from contract without giving any reason within 14 days from delivering the goods.
- The consumer has a right to withdraw from contract even before the period for withdrawal from contract starts to move on.
- The consumer hasn´t right to withdraw from contract, subject to which is supply of sealed goods which are not suitable fro return due to health protection or hygiene reasons and were unsealed after delivery in comliance to § 6 letter d) Act No. 102/2014.
- The consumer shall inform the seller of his decition to withdraw from contract by letter send to PARTICLE s.r.o., Ulica mieru 2531/4, 984 01 Lučenec or e-mail to firstname.lastname@example.org. The consumer may also use the:
6. The consumer shall have exercised his right of withdrawal within the withdrawal period if the communication concerning the exercise of the right of withdrawal is sent by the consumer before that period has expired.
7. Unless the seller has offered to collect the goods himself, the consumer shall send back the goods without undue delay and in any event no later than 14 days from the day on which he has communicated his decision to withdraw from the contract to the seller. The deadline shall be met if the consumer sends back the goods before the period of 14 days has expired. The consumer shall send back the goods to the seller´s address: PARTICLE s.r.o., Ulica mieru 2531/4, 984 01 Lučenec
8. The consumer may send back the goods, that is not damaged, destroyed or otherwise worn out, because of the treatment beyond the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods. The consumer shall be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
9. The seller shall reimburse all payments received from consumer, including, if applicable, the costs of delivery and other costs and fees without undue delay and in any event not later than 14 days from the day on which he is informed of the consumer´s decision to withdraw from the contract. The trader shall carry out the reimbursement referred to in the first subparagraph using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise and provided that the consumer does not incur fees as a result of such reimbursement.
10. The contracting parties may agree, that instead of reimburseing all payments the seller will change the returned product for another product from his catalogue in responding value.
11. In case of withdraw from contract, subject to which is sale of goods, the seller may withhold the reimbursement until he has received the goods back, or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest, unless the seller has offered to collect the goods himself.
12. The seller shall not be required to reimburse the supplementary costs, if the consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the trader.
13. In case of withdrawal from the contract the consumer shall pay the costs for returning goods to seller and in case of long distance contract also the costs for returning goods that considering the nature of goods can not be delivered by post.
14. Seller reserves the right to not accept the goods that is deliverd to him that required to pay for delivery.
15. Withdrawal from the contract by buyer entrepreneur is govern in compliance to Commertial Code.
16. The seller is entitled to withdraw from contract in case he is not able to deliver the goods to buyer, mainly due to sell out or unavailability of goods.
Article XII - Dispute resolution
- Legal relation, that are created between seller and buyer regarding to usage of this website are governd in compliance to legal system of Slovak Republic.
- The participants of the legal relationship agree that in case of dispute is the jurisdiction granted to the courts of the Slovak Republic.
- In case of dispute between seller and consumer, the consumer is entitled to contact the seller with request to correct his action, if consumer is not satisfied with way his compliance was resolved or with his other action. Request for correction may be send by e-mail to email@example.com or by post. If the seller respond to the request negatively or doesn´t respond at all within 30 days, the consumer has a right to file a motion to start alternative dispute resolution /ADR/ process to one of ADR entity.
- ADR procedure regulation is govern in compliance to Act No. 391/2015 ADR.
- The consumer may file a motion to start ADR to one of ADR entity. List of ADR entities is govern by Ministry of Interior of Slovak Republic (http://www.economy.gov.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s), while one of them is Slovak commertial inspection (www.soi.sk).
- The consumer may file a motion also throught ADR platform in EÚ by filling the online application on http://ec.europa.eu/consumers/odr/index_en.htm. Right to choose one of ADR subjects is on consumer.
- The right to seek for dispute resolution by one of ADR entity has only consumer.
- ADR may apply only to disputes resulting from consumer distance contract.
- ADR entity may reject the proposal in statutory cases, for example if the valuse of case does not exceed 20 eur or if the consumer file a motion after the expiry of 1 year period from day he recieved the seller´s negative statement or vain expiration of the 30 days period for responce.
- ADR procedure shall be free. ADR entity may require a fee to start a procedure maximum 5 eur.
- ADR entity proceed in alternative dispute resolution to resolve the dispute as quickly as possible, to avoid unnecessary delays, act efficiently and without unnecessary and disproportionate burden on the parties or other persons; if possible, he uses phone or e-mail to communicate.
- ADR entity terminates ADR within 90 days from its initiation. In particularly difficult cases the entity may extended the period by another 30 days, also repeatedly. ADR entity is obliged to inform the parties about every extention with a reason for extention.
- If the parties will not come to an agreement and ADR entity will come to a conclution upon the facts revealed during procedure, that the seller breached consumer´s fights, he will end alternative dispute resolution with non-biding reasoned statement.
Article XIII - Liability for defects and complains
- The seller´s liability for defects and conplains are governed by the relevant provisions of complaint procedure adopted by the operator and published on the www.particlepeptides.com website.
Article XIV - Validity of the contract
- The purchase contract is concluded for a definite periot of time, until both parties fullfill their obligations resulted from this contract and terms and contidions.
Article XV - Personal data protection
- The operator processes the information on the persons (buyers) concerned under Act No. 122/2013 Coll. on Personal Data Protection, as amended.
- The terms and conditions of the processing of personal data by the operator are specified on the www.particlepeptides.com website in a "Personal data protection" section.
Article XVI - Copyrights
- Information, text, video records, audio records, video-audio records and other content prepared or published by the seller (hereinafter referred to as the "website content") are protected under Act No. 618/2003 Coll. on Copyright and Rights Related to the Copyright, as amended (hereinafter referred to as the "Copyright Act"). The seller exercises all rights related to the author`s work.
- The buyer and third parties are entitled to use the website content only for their own, non-commercial purposes. Any other use, especially further distribution, copying, publishing and providing it to a third party, is prohibited without the seller`s consent.
- Any other use of the content of the seller`s website can result in liability for damage, fulfilment of certain offences or other legal consequence.
Article XVII - Final provisions
- These business terms and conditions are valid in the wording stated on the www.particlepeptides.com online store website on the day of the sending of the buyer`s order, unless contracting parties agree otherwise.
- The operator reserves the right to amend these business terms and conditions anytime if it is required by a change in business policy or applicable legislation.
- These business terms and conditions have been prepared by Lanikova Group, s.r.o. law firm for the seller, while they are protected by Act No. 618/2003 Coll. The Copyright Act, as amended. It is prohibited, without the author`s consent, to use this author`s work in any way, particularly, but not limited to, copying, publishing, amending, modifying, disseminating and misusing it otherwise.
- These business terms and conditions go into force and effect on 30 October 2016.