Terms & Conditions

Article 1: Definitions
In these Terms and Conditions, the following expressions have the following meaning:
Supplier: Flowstoflab and any supplier of products and/or services that are part of the agreement;
Customer: the party with which the supplier has entered into an agreement;
Parties: the supplier and the customer;
Products: the products referred to in art. 3 of these general terms and conditions
Agreement: the written agreement between the customer and the supplier, with all appendices and including any changes that arise after the conclusion of the agreement;
Written: all paper documents, including correspondence by fax, registered or regular mail as well as correspondence via an electronic medium such as e-mail;
Delivery: the delivery of the products as agreed between the parties in accordance with the agreement;
Agreed price: the price that must be paid by the customer to the supplier according to the agreement with regard to the delivery of the products and/or services;
Immediately: as soon as reasonably possible but no later than the next full two (2) working days;
Article 2: Applicability and language
2.1 By using this website, products and/or services offered by the supplier or when you communicate with the supplier, you fully agree to these terms and conditions. Supplier reserves the right to change these terms and conditions without notice;
2.2 These general terms and conditions apply to and form an integral part of all offers and agreements between the parties as well as agreements arising therefrom, unless agreed otherwise in writing;
2.3 Deviating provisions and/or agreements, including any general terms and conditions used by the customer, only apply if they have been accepted by the supplier and confirmed in writing;
2.4 These general terms and conditions were originally drawn up in the Dutch language. The English text is a translation of the Dutch text. The Dutch text is binding and will be regarded as the legally correct text in the event of a difference of opinion about the content and purport;
Article 3: Products
3.1 Supplier warrants that its products must conform to the description of such products as provided in Supplier's website catalogue. This warranty is exclusive and the supplier gives no other warranty;
3.2 Customer acknowledges, by accepting these terms and conditions, that the purchased products may have hazardous properties; and that he/she is legally entitled to receive these materials;
3.3 The products offered by the supplier are not intended for persons under the age of 18. Customer confirms at purchase not to be under this age limit nor to order on behalf of others;
3.5 The range is constantly reviewed and updated. Supplier reserves the right to change specifications without prior notice. All descriptions, illustrations and measurements on this website or catalog are for guidance only, no rights can be derived from this;
3.6 The supplier's products are exclusively intended for professional use, such as laboratory research, and may not be used for other purposes. This includes, but is not limited to in vitro diagnostics, foodstuffs, pharmaceuticals, medicinal devices or cosmetics for humans or animals, for commercial purposes or the production of illegal drugs;
3.7 The supplier's products are expressly not intended for human use or consumption. The chemical, physical and toxicological properties of these chemicals have not been fully investigated and cannot be guaranteed;
3.8 By entering into an agreement, the customer acknowledges that products have not been tested by the supplier for safety and efficacy in food, pharmaceuticals, medical devices, cosmetic, commercial or other applications;
3.9 Customer expressly represents and warrants to Supplier by entering into an agreement that Customer will properly test and use all products purchased from Supplier and/or materials manufactured with products purchased from Supplier in accordance with the practices of a reasonable person who is an expert in the field and in strict compliance with all applicable laws and regulations, now and hereafter enacted;
3.10 Customer has the responsibility to verify the hazards and to conduct any further investigation necessary to know the hazards associated with the use of products purchased from the supplier;
Article 4: Agreement and payments
4.1 An agreement is only concluded after acceptance of an order by our website. The supplier is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, the supplier will notify this within ten (10) working days after receipt of the order;
4.2 Payment must be made immediately after purchase via this website. Without compensation or discount on the same day as the invoice date;
4.3 Payments are only accepted in (one of) the manner(s) as indicated in the ordering process;
4.4 Supplier is authorized to use the service of third parties for the execution of order(s).
Article 5: Prices
5.1 The stated prices for the products and services offered are in euros including VAT, and excluding handling and shipping costs, unless stated otherwise or agreed in writing;
5.2 All stated prices are subject to printing and typesetting errors. The supplier accepts no liability for the consequences of printing and typesetting errors.
5.3 If after the conclusion of the agreement, but before the date of delivery, price changes occur in the costs of the supplier, the supplier is entitled to pass on the agreed price after the customer has been informed of this in writing. If the supplier increases the agreed price by a percentage of fifteen (15) or more, the customer is entitled to dissolve the agreement by means of a written statement;
5.4 Unless agreed otherwise in writing, all prices are ex location from which the products are shipped;
5.5 Unless agreed otherwise in writing, all costs for transport and insurance will be borne by the customer;
Article 6: Risk
6.1 Except in the case of gross negligence on the part of the supplier and unless otherwise agreed in writing, the customer bears all risk from the moment delivery of the relevant products has commenced, including all risks for loss, theft, damage etc. during transport;
6.2 Delivery commences at the moment the supplier has handed over the products for shipment;
Article 7: Delivery
7.1 The delivery times specified by the website are only indicative. Supplier is not responsible for any kind of delay during transport;
7.2 Exceeding any delivery period does not entitle to compensation, nor the right to cancel an order or to dissolve the agreement. Unless it has been expressly agreed in writing to deliver on a specific date;
7.3 The supplier does not accept any liability for the possible loss of orders via this website when the customer chooses a free shipping method.
7.4 For orders placed via this website and sent by the supplier with track & trace services, in the event that an order is lost, it will be replaced and reposted free of charge, but only after investigation and confirmation by PostNL;
7.5 If the customer provides the supplier with an address during the ordering process, the supplier is entitled to send all shipments to this address, unless the customer provides a written statement of another address where the orders are to be delivered;
7.6 The customer undertakes to inform the supplier within five days of receipt of the products whether the products have been received in good order. Without notice, the order is deemed to have been accepted and well received;
7.7 If delivery does not take place, or does not take place on time, as a result of an act or omission on the part of the customer, whether or not foreseeable, the customer will be in default by operation of law;
Article 8: Force majeure
8.1 If the supplier is unable to fulfill its obligations under the agreement, or only partially, the supplier is entitled to either dissolve the agreement or suspend its obligations for the duration of the force majeure, without being liable for any damage;
8.2 Force majeure is understood to mean any circumstance, foreseeable or not, which makes it permanently or temporarily impossible to fulfill the agreement, including an abnormal price increase at the supplying companies;
8.3 If the supplier wishes to invoke force majeure, it must inform the customer in writing as soon as practically possible of the circumstances leading to force majeure that have occurred;
Article 9: Complaints
9.1 Immediately after delivery, the customer must examine the products. Complaints with regard to demonstrable deviations in the products must be communicated to the supplier in writing within five (5) days after receipt of the products, stating and describing the observed deviation, under penalty of loss of the right to complain. The supplier usually responds within three (3) days;
9.2 If a complaint is found to be well-founded by the supplier in writing, the supplier has the right, at its option, to replace the products in question or to offer a discount and/or compensation;
9.3 If the parties decide that the delivered products must be returned to the supplier, all associated costs will be fully for the account and risk of the customer, unless otherwise agreed in writing, with the exception of the costs of returning products for which it has been established that these contain deviations for which the supplier is responsible;
Article 10: Liability
10.1 The Supplier guarantees the usual normal quality and soundness of the delivered products;
10.2 In no event shall the supplier be liable for consequential damage, nor for any claim for damage arising from or related to the sale, delivery or use of products;
10.3 Except in the case of intent or gross negligence, the supplier is only liable for damage resulting from a shortcoming. The obligation to pay compensation does not arise before:
– the customer has notified the supplier of the shortcoming in writing
– the damage to the supplier is culpable
– the customer has demonstrated that it has taken sufficient measures to prevent or limit the damage;
10.4 If the supplier, on the basis of the culpable shortcoming, is obliged to pay compensation, this obligation will be limited to compensation for direct damage up to the maximum amount of the agreement, excluding VAT;
10.5 In the event that the insurer of the supplier makes a payment in connection with the liability as referred to above, the obligation to pay compensation will also be limited to the amount that the insurer pays for the matter in question;
Article 11: Retention of title
11.1 All products supplied by the supplier remain the property of the supplier until the customer has fulfilled all obligations under the agreement towards the supplier;
11.2 Until the time when ownership passes to the customer, the customer shall not take any measures that would disrupt the unimpeded enforcement of the supplier's property rights. Furthermore, the customer will take all reasonably requested measures to protect this property right and will immediately return the products at the supplier's first request;
Article 12: Name and Logo
12.1 The customer is not permitted to use the supplier's name or logo for any promotional or commercial purpose or any other purpose without the supplier's prior written consent;
Article 13: Miscellaneous
13.1 If the supplier allows deviations from these terms and conditions for a short or longer period of time, whether or not tacitly. This does not affect the supplier's right to demand immediate and strict compliance with these terms and conditions. The customer can never assert any right on the grounds that the supplier applies these conditions flexibly.
Article 14: Applicable law and disputes
14.1 Dutch law applies to all agreements concluded between the supplier and the customer;
14.2 Disputes arising from an agreement between the supplier and the customer will be submitted exclusively to the Court of Haarlem;
14.3 If any provision of these Terms and Conditions is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.