1. Principles and scope
1.1 The following terms and conditions of sale and delivery apply to all the sales activities of QGel SA (hereafter QGel), a swiss company incorporated in Ecublens (Switzerland), in the USA and in Europe unless agreed otherwise in writing.
1.2 QGel reserves the right to provide for the delivery of certain products via a different QGel company or affiliated distributor than the one with which the order has been placed.
1.3 With the placement of an order, the buyer agrees to accept the following conditions. Additionally, QGel and none of ist subsidiaries are bound by the purchasing conditions of the buyer, even if such disagreement is not made explicitly. Only the QGel conditions of sales are applicable, even if an order contains addenda or statements that are worded differently or provide for further conditions.
2.1 Unless explicitly stated otherwise, all prices are quoted in in Swiss francs. Values quoted in any other currency are indicative only. Prices do not include value-added tax and/or sales tax. As a rule, all prices include the inner and outer packaging.
2.2 If for any reason the prices on QGel’s printed material vary from the prices published on QGel’s website (www.qgelbio.com), then the prices on the QGel website shall prevail. QGel makes every attempt to avoid errors in pricing and product information. If a mistake does occur, we reserve the right to correct it at our sole discretion and to refuse or cancel any order placed.
2.3 QGel reserves the right to add a surcharge for smaller orders and/or for any shipment made on blue ice or dry ice.
2.4 Shipping and handling charges apply to all shipments.
2.5 All prices are subject to change without notice prior to confirmation of an order, but no product will be shipped at increased prices without prior notification.
2.6 QGel reserves the right to charge a fee on returned goods for re-assaying and restocking.
2.7 QGel reserves the right not to fulfill orders in the unlikely event the product can no longer be made or the customer is in arrears with any payment.
3. Placement of orders, cancellation of orders
3.1 Orders may be placed by fax, e-mail, letter or online through QGel's website.
3.2 Offers and orders placed shall only become legally binding if they have been confirmed via a sales order number from QGel.
3.3 Orders received by QGel are firm and binding for the buyer and do not release the parties concerned from their obligation(s) to deliver or to accept delivery, nor release them from their financial obligations to QGel.
3.4 By placing your order online through www.qgelbio.com you agree to pay the purchase price (for the product you are ordering) displayed on this website. This does not impair your right to inspect the product upon delivery and return it pursuant to our return policy described herein below. QGel has the right to cancel any order at any time without providing any explanation to you. If you do not receive the product within 15 business days from the day of the order, it is your responsibility to notify QGel that the order was not delivered. Delay in delivery or non-delivery of the product in whole or in part by QGel shall not constitute a breach under this agreement if it occurred without fault of QGel
3.5 If you want to cancel or modify your order, please send a message through online form as soon as possible. Due to high volume of orders placed we cannot guarantee the cancellation of your order. In this case you may need to return the purchase. All refunds are proceeded and paid within 7 business days after receiving it back.
4. Delivery, acceptance, shipping address and international delivery
4.2 Agreed delivery deadlines refer to the shipment date of the goods. If the delivery deadline is exceeded, the buyer shall specify an appropriate period for acceptable late delivery of the shipment.
4.3 QGel’s liability in respect of non-fulfillment or delay of delivery shall be confined to the invoice value of the goods.
4.4 Our obligation to deliver shall be suspended so long as the buyer is in arrears with respect to commitments or payment obligations.
4.5 Operational disruptions, shortfalls or failures in delivery on the part of our suppliers, shortages of raw materials, power supplies and / or manpower, strikes, lockouts, problems in procuring means of transport, obstructions to traffic and incidents of "force majeure" exempt the party concerned from the obligation to deliver or to accept delivery for the duration of the disruption and for any consequential damages arising therefrom, but shall not exempt such party from any financial obligations arising from any goods or services already supplied.
4.6 The buyer has an AFFIRMATIVE OBLIGATION to provide QGel with the correct shipping address. The buyer agrees and warrants that the shipping address provided to QGel is true and correct. QGel will not be liable for any undelivered order if the buyer shipping address is different from the shipping address provided to QGel.
4.7 Some products may not be imported due to laws and regulations of the buyer's country. Orders for shipment outside Switzerland are subject to higher shipping, handling and processing fees, applicable customs, duties and taxes, all of which shall be the buyer's responsibility. All orders shall be prepaid in full prior to shipment, by means of credit card or wire transfer. Applicable customs, duties and taxes may be charged by the shipping company and the buyer agrees to pay any such fees. If the buyer's order is to be delivered by UPS, FEDEX, USPS, Swiss Post or TNT please examine contents before signing acceptance and recover any package damage if there is some. If contents inside are damaged, refuse delivery and do not sign the delivery ticket. Once the buyer signs for the shipment, it will be the buyer's responsibility to file a claim.
5.1 QGel guarantees the purity, identity and content of the delivered products according to the results of the analytical data sheet of the lot in question. However, it remains the sole responsibility of the buyer to determine the suitability of all materials for any intended or specific purpose of user prior to use. QGel makes no warranties as to use for an intended or specific purpose, unless previously expressly agreed in writing.
5.2 The buyer shall test the goods immediately upon receipt to determine whether the condition and quantity of the goods conforms to the applicable contractual agreement. Complaints in respect of deficiencies which are detected at the time of testing of the product must be lodged within 8 days of receipt of the goods. The complaint shall be submitted in writing with the name of the product, the lot number and the invoice number.
5.3 If the buyer lodges a complaint of deficiency or of inconsistency in good time, and if the complaint is justified, the buyer shall receive a replacement delivery. If the replacement delivery is also non-conforming to the prior contractual agreement, then the buyer has the right to demand the revocation of the contract.
5.4 Products which are the subject of complaint may be sent back only with QGel's agreement and shipping arrangements for the return must be agreed upon by QGel in advance.
5.5 QGel’s liability is limited in each case to the value of the supplied goods.
6. Use and liability
6.1 QGel expressly draws attention to the fact that its products are intended for laboratory and research purposes only. QGel therefore supplies such products only for the purposes of public research, experimental and teaching institutes, technical facilities and pertinent industrial units. Any exceptions are appropriately labeled.
6.2 QGel expressly forbids the distribution of dangerous substances to private persons. QGel also draws attention to the fact that the absence of a hazard warning sign does not indicate that the product concerned is harmless. QGel shall therefore not accept any liability for damage that could arise from the inappropriate handling or from any use in household applications or in humans and animals. QGel shall likewise not accept any liability for damage (to any property or person) that arises from handling or storage of the products.
6.3 All information and products on the qgelbio.com website are provided as is. This site makes no representations of any kind, either express or implied (including without limitation, warranties of merchantability, fitness for a particular purpose, accuracy and availability), as to the operation on this site or the information, content, materials, or products offered, and you expressly agree that your use of qgelbio.com and QGel products is at your own risk. Neither QGel nor its subsidiaries, affiliates or any of their respective employees, agents, directors, employees, representatives, shareholders, predecessors, successors, or assigns will be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever arising directly or indirectly from use of its website or products available or purchased through its website, or other transactions conducted through its website. These also include (but are not limited to) damages or injury caused by any use of the products sold by QGel (known as "consequential" and "incidental" damages), use of its website, use of any site to which you hyperlink from qgelbio.com, interruptions and availability of our website and delays in its operation. You hereby acknowledge and agree that all provision of this section will apply to your use of qgelbio.com. Your sole remedy from the use of this site is a refund or replacement pursuant to this Agreement.
6.4 If national or international laws or regulations are applicable to any shipment, including delivery, storage, processing or trading with certain products, then these shall be appropriately observed by the buyer.
6.5 All information contained in catalogs, brochures, publications and other printed or electronic media is compiled to the best of QGel's knowledge. QGel hereby disclaims any liability for any possible errors or misprints.
7. Return Policy
7.1 Our number one goal is to ensure that QGel products work for you and we are committed to your complete satisfaction. If for any reason you are not completely satisfied, please contact us and we will assist you to the best of our ability in solving any issues you may encounter.
7.2 On a case-by-case basis, we reserve the right to determine the best course of action to resolve specific issues with QGel products, whether that be refund, store credit, replacement of product, or other course of recompense or not. In this event, the client must contact QGel within 30 days of product delivery. QGel cannot refund shipping charges, taxes, custom fees, special order and final sale merchandise. Returned merchandise should include the original packaging and applicable tags or labels, and shipped by express delivery to be received within 2 days of shipping due to the need for QGel products to maintain refrigeration. Please note that used merchandise, or merchandise with opened packaging will not be accepted for refund or exchange. All merchandise must be sent to us fully insured against shipping loss or damage. For your security, all returns are opened in the presence of two receivers who can verify the contents upon their arrival.
7.3 Refunds for orders paid by credit card can only be refunded to original credit card account. Refunds for orders paid by check, money-order or wire transfer will be refunded by wire transfer. All returns are proceeded and paid within 14 business days.
8. Newsletter subscription
8.1 By submitting your e-mail address to QGel S.A. you are automatically agreeing to receive newsletters about our new products and special discounts on existing products.
8.2 If you wish to unsubscribe from our newsletters you should click on the "unsubscribe" link in newsletter email and it will remove you from our newsletter database.
9. Proprietary rights
9.1 The products shall be supplied in each case subject to proprietary rights.
9.2 Until full payment of the purchase price, including all secondary claims, the supplied goods remain the property of QGel. In the event of the supplied goods being used to create a new product, the proprietary rights remain with the vendor.
9.3 If the buyer fails to meet his financial obligations in spite of late notices, QGel reserves the right to withhold any further deliveries to the buyer.
10. Terms of payment
10.1 Unless otherwise agreed in writing, QGel's invoices are payable within 30 days from the invoice date without deduction. Overdue accounts are subject to a 1.5% monthly service charge (18% annual, or the highest possible rate, according to applicable law).
10.2 Discount deductions on invoices are not allowed. Reductions in our invoices may not be made without a credit invoice or note and if made without a credit invoice or note, shall be considered a late or short payment.
10.3 In the case of a new business relationship or for other reasons, QGel may request pre-payment or other securities as it sees fit.
11. Patent claims, protection rights, trademarks, copyright, consultancy
11.1 With any purchase, the buyer acquires the product but no other rights associated with the product. In particular, QGel remains in possession of all intellectual property rights related to the manufacturing and composition of the product.
11.2 The use of trademarks in offers does not provide for the use of such trademarks. Permission for such use must always be obtained from QGel by the buyer in advance and in writing.
11.3 QGel does not offer any guarantee that the use or resale of our products will not violate the protection or patent rights of third parties.
11.4 All content and materials on qgelbio.com, such as text, graphics, logos, product designs, button icons, images, video and audio clips and software, is owned, controlled or licensed by QGel S.A. and protected by local and international copyright laws. Any use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of qgelbio.com is strictly prohibited.
11.5 QGel agrees to offer its customers reasonable technical support to the best of its knowledge. All proposals by the vendor for the use, application or suitability of the products shall not be interpreted as an explicit guarantee of success.
12. Data protection
12.1 Data arising within the context of the contractual relations are kept on file.
12.2 The data shall be handled in conformity with the provisions of the local protection acts.
13. Applicable laws, domicile, and venue
13.1 For company of QGel SA, Swiss law shall be applicable and the venue for any legal disputes shall be Lausanne, Switzerland.
13.2 If a provision in these conditions of sale or a provision in the context of other agreements are or become legally unenforceable, only that provision shall become null and void and all remaining provisions shall remain enforceable and in effect.