Terms and conditions

The words and phrases used herein shall have the following meaning:

 

“Company means the Infinite Fine Chemicals Limited (Infinite Fine Chemicals LTD) with a registered office in London, UK (40-44 UxBridge Road, London, W5 2BS, United Kingdom), Companies House registration number: 09194491.

 

“8FC|infinite fine chemicals” means the online store owned by the Company

“Store” means the online store under the name 8FC|infinite fine chemicals available at www.8fc.eu.

“Product” means the item, which is a subject of sale in the Store.

“Customer” means a business entity entered into the register of entrepreneurs in one of the EU member countries, which underwent Registration procedure, was verified, and therefore created an Account; but also business entities entered into the register of entrepreneurs in one of the EU member countries, which were verified and placed an order in the Store in a different form.

“Account” means a place managed by the Company for the Customer under the name (login name), which stores pockets of information containing personal information of the Customer and records of the activity of the Customer within the Store.

“Profile” means a collection of information on the Client.

“Administrator” means a representative of the Company dealing with technical management of the Store on the behalf of the Company.

“Transaction” means a civil law sales agreement between the Company (the owner of the Store) and the Customer, in line with the Terms and Conditions contained herein.

“Registration” means an account creation procedure.

“Terms and Conditions” means the Terms and Conditions of 8FC infinite fine chemicals online Store.

“Force Majeure” means environmental and natural disasters and any other acts of nature, including floods and other natural disasters, fires, explosions, strikes, military conflicts, riots, social tensions, epidemics, embargoes, failures in acquiring export licences or import permits, shipment delays, but also government actions, power failures, problems connected to supplies provided by suppliers or substantial interruptions in deliveries.

 

 

GENERAL PROVISIONS

 

Article 1

Terms and Conditions contained herein specify the rights and obligations of the Store as well as the rights and obligations of the Customers.

Article 2

A valid order can be placed in the Store on condition that the Customer familiarised him/herself with the Terms and conditions and accepted its provisions before conclusion of the sales agreement.

Unless otherwise agreed in writing by the Company and the Customer, Terms and Conditions contained herein shall be applied to every sales agreement apart from those documents signed by Customers on individual basis.

Article 3

The Company sells chemical substances and chemical equipment only to those customers who underwent a valid verification procedure conducted by the Company. In case of any doubts in this matter the Company has the right to refuse to sell the Product.

The company sells products provided by itself, but also provided by other producers. In accordance with the regulation EC no. 1906/2007 the responsible person shall be indicated in the material safety data sheet (MSDS).

The offered products are intended for professional use. The products shall not be stock in retail trade (for consumers). Each and every of the mentioned chemical substances is sold with material safety data sheet (MSDS), and, in accordance with The Globally Harmonized System of Classification and Labelling of Chemicals (GHS) none of the substances is to be used in any other purpose (declaration comes with purchase).  In the moment of the purchase the Customer declares that he/she agrees to use the substances for the purposes for which they were designated and in accordance with the rules.

Article 4

Technical requirements

 

REGISTRATION IN THE STORE

 

Article 5

In order to register him/herself, the Customer shall complete the registration form, available on the website of the Store, with required information.

The information provided by the Customer shall be placed in the Profile of the Customer. All the information provided by the Customer shall not be disclosed to other customers or any third party neither by him/her nor by the Company or the Administrator.

Article 6

After completion and verification of authenticity of information provided in the registration form, a Registration confirmation message shall be send to an e-mail address specified therein by the Customer. In the moment of Registration confirmation the Account in the Store is created on the terms set forth herein. The Customer further confirms that he/she familiarized him/herself and accepted the Terms and Conditions of 8FC infinite fine chemicals online store.

Article 7

The Company has the right to make the Registration of the Customer conditional upon authentication of information provided by him/her in the Registration form by sending scanned copy to an e-mail address specified by the Company. The Company has the right to demand authentication of information provided in the Registration form every time before the sales agreement is concluded.

Article 8

As the result of valid Registration the Company creates an Account linked with the login name provided by the Customer in the Registration form. The Customer gains access to the Account after entering in the Store the login name and password, which he/she provided in the Registration form.

Article 9

The Profile contains information given by the Customer, which he/she provided in the Registration form. In the case of any further changes to this information, the Customer shall update it by means of dedicated form available on the website of the Store within 7 days from the time the change occurred.

The Customer does not have the right to change the login name provided during Registration. In the case of failing to update aforementioned information or providing false information in the Registration form, the Company has the right to block the Account of the Customer for the amount of time specified by the Company, and in the case of failing to meet this obligation, the Company has the right to delete the Account of the Customer.

Article 10

Completing the Registration procedure the Customer gives consent for his/her personal data to be processed by the Company in accordance with the Terms and Conditions, Personal Data Protection Act of August 29, 1997 (Dz. U. 2002 No 101, item 926 as amended), and Act on Rendering Electronic Services of July 18, 2002 (Dz. U. No 144, item 1204 as amended).

 

RIGHTS AND OBLIGATIONS OF THE CUSTOMER

 

Article 11

The Customer, who underwent valid Registration and verification procedure, has the right to purchase Products in the Store subject to the provisions of Article 7.

The provisions of Article 7 shall apply accordingly in the case of Customers who underwent verification procedure and placed an order beyond the on-line Store using an order form.

Article 12

The Customer shall not use Accounts of other Customers and grant access to his/her account to other persons. The Customer shall keep secret his/her login name and password for the Account. The Accounts are not-transferable to third parties.

Article 13

The Customer is responsible for any damages caused to the Company and third parties as the result of actions taken against the law and the provisions of the Terms and Conditions of 8FC infinite fine chemicals online store.

Article 14

The Customer shall include a detailed description of the ordered Product in the order form, that is giving correct information on all ordered Products, especially: full Product identification numbers, quantity of ordered Products, names of the Products and their characteristics.

Article 15

The Customer shall take all the responsibility for reselling Products purchased in the Store owned by the Company, and the Customer always performs this action on his/her own account.

Article 16

The Customer by making a purchase in the Store simultaneously declares that he/she is familiar with all the risks and dangers resulting from the use of the Products purchased in the Store owned by the Company.

TERMS OF SALE

Article 17

The Company has the right to change or remove offered Products as well as change their price and parameters. aforementioned changes shall not be applied to sales agreements which were already concluded.

Article 18

The sales agreement is concluded after placing a correct order and after confirmation of this order by the Company is delivered via e-mail message.

Article 19

Information from analytical reports, product descriptions, catalogue entries, product data sheets or any other delivered product documentation is only approximate, unless the Company has clearly stated them as binding.

Article 20

The Company with the consent of the Customer has the right to execute the order in parts. The cost of shipment of each part shall be covered by the Customer.

Article 21

The Customer has the right to choose the method of delivery from the methods made accessible by the Company for a particular Product. The shipment cost is always covered by the Customer. The shipment cost is calculated by the Company and paid by the Customer together with the cost of the ordered Product.

Article 22

Placing Products in the Store does not constitute an offer in the meaning of the Civil Code and is not binding. Availability of Products depends on inventory balance of the Company or the possibility to make an individual order for the Customer.

Article 23

The company shall deliver the Certificate of Analysis (COA) with the ordered Product upon the request of the Customer placed in the time of placing an order.

Each packed batch of Product is labelled with a batch number. A control sample to be used for arbitration purposes is taken from each batch of Product. Control samples are stored by the Company for 12 months from the date of conclusion of the contract of sale.

Article 24

If the Customer decides to collect the ordered Product in person in the address specified by the Company, the rule EXW Incoterms 2010 shall be applied.

If the Customer decides to have the Product shipped to specified by him/her address, the rule CPT Incoterms 2010 shall be applied subject to the Article 7.

 

TIME OF DELIVERY AND SHIPMENT

 

Article 25

The date of shipment of the Product shall be placed in the order confirmation. The company has the right to change the date of shipment if it is impossible for reasons beyond control of the Company, including delays in supplies delivery.

Article 26

The order execution starts when the payment for the whole order is credited to the account of the Company, or when the Customer presents to the Company the letter of credit. Regular customers can apply for a sale with deferred payment.

Article 27

Time limit of shipment is considered observed:

- when the Product was transferred to a professional deliverer, or

- in the case of personal collection of the Product, an e-mail message confirming that the Product is ready for collection was sent to the Customer.

Article 28
Prices of the Products offered by the Store are shown in Euro (EUR) and Polish Zloty (PLN). Shipment costs or any other costs indicated by the Company shall be added to this prices every time.
Article 29
Abovementioned prices are binding for Customers, who provided their intra-community delivery address. In the case of shipment outside the EU territory, the total value of the order shall be calculated every time such a situation occurs.
Article 30

If the Customer does not follow the obligations of cooperation, or he/she does not accept the delivery of the Products, the Company has the right to claim compensation for proven losses and costs.

 

ORDER CANCELLATION AND COMPLAINTS

 

Article 31

The Company allows order cancellation in accordance with the rules listed below.

The Customer is obliged to send an order cancellation letter to the e-mail address of the Company contact@8fc.eu.

It is possible to cancel an order only if it has not been sent. The order is cancelled after the Company confirms it by sending an e-mail message. After cancelling an order the Customer shall cover all the costs paid in connection with the order execution. 

Article 32

If the delivered Product does not meet the parameters declared by the Company, even though they were stated to be binding, the Customer is entitled to receive a Product consistent with the description at cost of the Company. When the Product is out of stock the Company shall propose new delivery time or return the money paid for the Product. The Company shall also cover the costs of collecting the Product, which is inconsistent with the description provided by the Company.

Article 33

In the case of returning purchased Products the Customer shall pack and label them properly, and also inform his employees and third parties responsible for delivery of the Products about any risks and dangers resulting from delivery, storage and use of the Products.

 

PRIVACY AND CONFIDENTIALITY

 

Article 34

The Customer in his own name and on the behalf of his/her employees, agents or representatives agrees to keep secret any confidential information that was made accessible to him/her by the Company and that he/she will treat this information as confidential.

Confidential information is: information concerning business activity, finances, proposed products, product development, marketing and/or sales plans, contracts, business and operating know-how and any other information considered by the Company as confidential.

The customer shall compensate any loss or damage which occurred as a consequence of disclosing confidential information of the Company, or information considered as confidential, by the Customer, his/her employees, agents or representatives.

Article 35

Personal details of the Customers are collected and processed by the Company in compliance with current, binding regulations of law and Privacy Protection Policy.

Article 36

The Company shall store and process personal information in compliance with the provisions of law and according to the highest standards of security.

The Company shall not disclose any personal information to third parties, with exception of statistical data which does not allow identification of the Customers.

The Company is obliged to disclose personal information on the request of state authorities when it is required by the regulations of law.

The Customer has the right to access and update his/her personal information at any time.

Article 37

The Customer agrees to receive commercial information, information on changes in the offer, notifications and other information from the Administrators of the Store by email.

 

FORCE MAJEURE

 

Article 38

If the Company in the result of force majeure is not able to execute its declared obligations, especially deliver the Products, it shall be exempt from the obligation to execute the order for the time of removal of the obstacle or difficulty and for the time of run-up process, without being liable for damages of the Customer. The Company shall notify the Customer about the occurrence of force majeure as soon as it is possible.

 

CHANGES TO THE TERMS AND CONDITIONS OF 8FC infinite fine chemicals ONLINE STORE

 

Article 39

The company has the right to change the Terms and Conditions at any time. The change applied comes into effect and becomes binding in the time specified by the Company, which shall not be shorter than 7 days from the moment of placing changed Terms and Conditions in the Store. Sales agreements concluded before the change of the Terms and Conditions shall be executed with accordance to the current Terms and Conditions.

 

APPLICABLE LAW AND SETTLMENT OF DISPUTES

 

Article 40

Applicable law for all sales agreements concluded between the Company, which is the owner of the Store, and the Customer is the law of the Republic of Poland binding in the day of concluding the sales agreement. The Customer by accepting the Terms and Conditions agrees and the Company accepts the choice of the law of the Republic of Poland as applicable for the whole sales agreement pursuant to the Convention of Law Applicable to Contractual Obligations, opened for signature in Rome  on 19 June, 1980 (Official Journal of the European Union 8.7.2005). The choice of different applicable law shall be void and null unless in writing.

Article 41

The Customer by accepting the Terms and Conditions agrees and the Company accepts the fact that all disputes resulting from the sales agreements  concluded between the Company and the Customer shall be submitted to the jurisdiction of the courts of the Republic of Poland pursuant to the Regulation of the European Parliament and of the Council no. 1215/2012 of 12 December, 2012 on jurisdiction and enforcement of judgements in civil and commercial matters (Dz. U. L351 from 20.12.2012) and Council Regulation (EC) no. 44/2001 from 22 December, 2000 on jurisdiction and enforcement and execution of judgements in civil and commercial matters (so-called Brussels I Regulation).

The court having jurisdiction to settle any disputes resulting from the sales agreements concluded between the Company and the Customer is the Katowice-Wschód District Court in Katowice and other courts superior to this court.

Article 42

The Company and the Customer shall seek to reach a settlement of the dispute through negotiation or any other peaceful means of their own choice.

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