General Terms and Conditions of Eptes
General Conditions of Sales and Delivery EPTES SARL, Vevey, Switzerland
Eptes Sàrl based in Vevey Switzerland (hereinafter referred to as the seller) offers products and services that are available through its website www.eptes.com. Any interested company or organisation (hereinafter referred to as buyer) may purchase and order products and services by phone call, email or through the online shop of the seller. These general regulations apply to all buyers. The list of products and services are published in a printed catalogue or online by the seller and can be modified at his initiative any time. The following terms of the General Conditions of Sales and Delivery shall apply in relations to business with entrepreneurs, corporations and companies. The seller supplies and deliver exclusively entrepreneurs, companies and corporations. Consumers will not be supplied. All our products are to be used exclusively for research and development purposes in research and development, quality control or in production facilities.
1 – Validity of our General Conditions of Sales
These General Conditions of Sales and Delivery have an exclusive validity. They apply to all future orders, even if they are not referred again.
1.2 Validity of the Present Terms
Terms and conditions of the buyer contrary to our General Conditions of Sales and Delivery are only valid if we have expressly approved their validity in written form.
The buyer recognizes our present General Conditions of Sales and Delivery, even if an order is executed without any express reservation in knowledge of the general conditions of business of the buyer which are contrary to the present General Conditions.
2 – Sale and conclusion of the Contract
2.1 Validity of the Offers
The buyer might request a formal written offer by email any time before ordering. Unless otherwise agreed, our offers are valid for 30 days from their date of issue. To be applicable, the number and the conditions of the offer must be imperatively recalled at the time of the order (N ° of the offer in ref.).
2.2 Deviations from specifications
We reserve the right to make minor commercially accepted changes and reasonable discrepancies in the merchandise or design, in relation to the specifications contained in our offers.
Our prices are valid for each order and it is indicated without VAT and might be subject to change. All prices indicated in the seller offers, catalogues or in the online Shop are not up to date and are not legally binding. They may vary and do not include shipping costs. Only the price confirmed directly by email, in an offer or by accepting the online order will be valid.
2.4 Online Order
Our online Shop gives the possibility to the buyer to purchase online and to make payments using a selection type of credit cards. When ordering online a product, the purchase order of buyers become binding as soon as they click on the final ordering button in the final step of the online shopping process. The non-binding confirmation email of the order that will be generated immediately and sent to the buyer does not constitute at this stage a confirmation of the order. Only, after checking the stock and the delivery conditions, the seller will send a confirmation email of the acceptance of the order which include the order number and the invoice of the order.
2.5 Email Order
Ordering by email is possible by sending an email to firstname.lastname@example.org or to email@example.com. The non-binding confirmation email of the order that will be generated immediately and sent to the buyer does not constitute at this stage a confirmation of the order. Only, after checking the stock and the delivery conditions, the seller will send a confirmation email of the acceptance of the order which include the order number and the invoice of the order.
2.6 Payment when ordering by email
The payment period is indicated in the invoice. Payment could be due at the order, before delivery or after the delivery. Deductions, discounts or special offers are only permitted if they have been agreed in writing or expressly on the invoice. Payment terms and deadline are to be respected.
2.7 Payment default
In case of late payment, the seller might suspend the execution of orders in progress without prejudice, and apply penalties for delay at the rate of 5%. The goods delivered shall remain the property of the seller until full payment of the goods and related costs.
2.8 Payment when ordering online
The Payment is due at the online order and can be done by using American Express, Master Card, Visa, JCB, Diners Club, Post Finance, Maestro and PayPal through a secure encrypted system. After the payment transaction, the buyer will receive a receipt of his payment that include also order number. The seller reserved the right to exclude certain transactions without any justification. Furthermore, the seller reserves the right to cancel a transaction already accepted if it is found to have been granted on the basis of inaccurate or misleading information, or if any other conditions of payment that have not been met.
3 – Return of goods
In case of insufficient quality of a product, only its value will be replaced. Any return for exchange or other reason (s), must be the subject of a prior agreement between the seller and the buyer. Customized orders and non-catalog items will not be taken back, exchanged or credited. Standard items that are inappropriate or ordered in error are returned within a period of 7 days from the shipment date, subject to the following conditions:
1. The seller shall replace or credit only the merchandise delivered by mistake or clearly defective. Returns are not accepted without prior agreement of the seller.
2. In case of return of goods, an offer of return by the seller must be validated by both parties. An administrative fee may be charged.
3. All returned merchandise must contain the original description in good condition, as well as the original packaging.
4. Goods whose packaging is damaged or bearing inscriptions, labels or others will not be returned, credited or exchanged.
5. Items used or damaged will not be taken back, credited or exchanged.
6. All returns shipping costs will be borne by the buyer.
4 – Private Information
In accordance with Swiss data protection law, the seller guarantees the protection of private data collected from the buyer during the purchasing transaction. The seller never trades or transmits any private buyer information to third parties unless we are obliged by law or we have to use them to protect our safety or rights. Private information collected from buyer Credit Cards are treated with high level of confidentiality during transactions and does not remain in our systems and servers after payment transactions are terminated.
5 – Limitation of Liability
Our products are intended for use in the laboratory and for research purposes only. The customer is obliged to apply their local laboratory guidelines of the Chemical Industry Trade Associations to our products. Our responsibility is limited to the quality of our products. In case of insufficient quality of a product, only its value will be replaced. The seller disclaims all responsibility for the consequences in the case of defective goods. The seller excludes all liability and right of recourse for any damage, due to negligence, non-compliance with instructions for use, storage conditions or other non-conforming and inappropriate use of a product resulting in a damage to health or to propriety. The user of our products should be aware of health and safety conditions and also policy handling before use. He assumes all risks associated with the use and in particular the improper use of the product and he is entirely responsible for the possible damages likely to be produced to a third party.
The seller declines any responsibility for the damage resulting from any direct or indirect activity of the buyer in relation with our products. Any buyer is liable for damages caused by their employees, agents or auxiliaries and in particular within the meaning of Article 101 of the Swiss Code of Obligations. The seller disclaims any liability for the consequences of the environment, neighbourhood or conditions arising from the use of products of the seller. It is the responsibility of the buyer to be vigilant with respect to his way of utilisation of the products. Consequently, the seller does not accept any liability whatsoever under any circumstances as a consequence of using delivered goods.
6 – Validity of the Contract
These general terms and conditions are valid from 01.01.2017 and replace all previous directives and provisions.
7 – Applicable law and jurisdiction
Swiss law only is applicable and governs these present regulations. The invalidity of any provision of these present regulations shall not invalidate the entirety thereof. In case of dispute, the exclusive place of jurisdiction is the court of Vevey. Mandatory jurisdictions provided by law remain reserved. Only the French version of these present regulations shall prevail.
Vevey, January 1st, 2017
Case postale 381