Terms and Conditions
Terms and Conditions
Helixar Biosciences: Helixar Biosciences is registered entity located at Avenue de l’Agriculture 21, Liege 4030, Belgium. We are biotech consultancy and distributer for biotech products and services. Hereunder refer to “Helixar” or Seller.
Seller: Helixar Biosciences.
Buyer: A registered legal entity purchasing Products or Services from Helixar Biosciences.
Order: the Buyer’s order for Products as set out on the relevant Helixar Biosciences Agreement (either email, mail or webshop).
Product: Products distributed by Helixar Biosciences on behalf of Helixar Biosciences' suppliers and available through Helixar Biosciences catalog and/or website.
Service: Services operated under agreed procedure, of which aiming to support biotechnology and/or life science research and/or industry.
Goods: Products, Service printable results, Samples generated by Service and/or any type of object that can be shipped via parcel.
Supplier: The biotech company who generated the product and its relevant information; the biotech company who processed the contract service.
HEX Point(s): HEX point(s) is credit point(s) that Buyer can use them to pay Supplier’s service and/or product, which shall be implemented under signed agreement between Buyer and Supplier. Client will be notified for purchasing and usage of the HEX point(s). 1 HEX point = 1 EURO.
- SCOPE OF APPLICATION.
These Terms and Conditions (TCs) shall only apply to entities which are registered legal entities.
All offers and quotations are understood to be without obligation. A legal commitment is regarded to have been made at the moment when Helixar has confirmed the order. A contract is concluded at the time that Helixar has finally writing after receiving the order confirmed and accepted.
All of our offers, deliverables, products and services are solely subject to these Terms and Conditions. Any of the Buyer’s terms and conditions which deviate from these TCs shall not become the whole or the part of the contract. Buyer place an order means Buyer has agreed the TCs.
This Terms and Conditions, as well as any content on the website, are subjected to modification from time to time.
Helixar supplies Research Use Only Products and Services for biotechnology and/or life science research and/or industry.
These Products and Service, as well as any information related, shall be operated, stored, analyzed and interpreted by trained staff and in regulated lab environment.
The Product/Service name, description, commercial content and/or image may seem like consumer goods and/or service. However, Helixar does not supply any house hold product and/or service and we deny any responsibility of misusing and/or misunderstanding.
Unless agreed otherwise, all prices are to be understood net prices of the product or service only. Any type of tax, fee, tariff, duty, loyalty and/or royalty are excluded.
The price is in EURO. Depends on your region and payment method, the price may appear in other currency during Check Out. All of the non-EURO prices are based on the official rates of exchange in force at the time the offer was made.
- PAYMENT, INVOICE AND RETENTION OF TITLE.
Helixar does not bare any bank transfer cost.
The payment methods accepted are :
– Bank transfer (discount will be applied, if Buyer process payment by bank transfer).
– Credit card (through Helixar webshop checkout, or through a payment link sent by Helixar).
– SEPA direct debit.
– HEX points.
Payment shall be due before Products delivery and/or Service initialization, and made in EUROs or US DOLLARs, unless otherwise agreed.
The failure to pay or the late payment of any part or full invoice will trigger :
– The enforceability of all invoices and contracts.
– An interest rate of 12% of the overdue amount until complete payment that cannot be less than 45 Euros.
– The stop of the service.
– A 40 Euros fee for formal notice process.
– Product, sample, data storage and management fee, 50EURO per unit per day, till the undue amount is fulfilled.
The buyer will have to reimburse to the seller all expenses the latter has made to collect the amount the buyer owes him, including non-judicial expenses, with a minimum of 15% calculated from the basic amount, with a minimum of 250.00 EURO.
The Goods supplied shall remain the Seller’s ownership until such time the Buyer has completely fulfilled his payment of the amounts according to the Order. The Buyer shall not be entitled to mortgage the goods or to transfer the goods in fiduciary ownership. Moreover, Buyer has the obligation to inform without delay of any actions taken by third parties with respect to Goods belonging to the Seller. The Buyer is obliged to store the Goods supplied under proviso with regard to property in a careful manner and recognizable as property of Helixar.
Invoice will be send to Buyer after the shipping of the Product and/or sample from service. Buyer shall give invoice information before the payment.
Unless otherwise agreed, Helixar is free to choose the way and means of transport of the goods to Buyer. We may change the parcel carrier and it will not be notified ahead.
Temperature regulated shipping maybe necessary for certain types of Goods. Helixar may advise shipping method according to its experience. Buyer agrees to bare the cost and risk, unless otherwise agreed.
Transfer of risk upon shipment - Unless otherwise agreed, we shall select the packaging, type of dispatch and dispatch route at our discretion. The risk of accidental loss or deterioration of the goods shall be transferred to the Buyer when the goods are handed over to the forwarding agent or haulier, but at the latest when they leave the factory/storage facility. This shall apply regardless of whether the goods are dispatched from the place of performance or not and regardless of whomever is responsible for the freight charges.
- RECEIVING, INSPECTION AND ACCEPTANCE.
Buyer shall give accurate shipping address at the time of order confirmation. Address include but not limited to: first name, last name, phone number, room number, building number, street name and number, district/city and postal code, country. Address may be written in the local language in order to be easily identified by courier. Buyer agrees to bare any consequence for any inaccurate shipping information.
Products should be inspected immediately upon reception. Notification of damage, shortages or defects should be given within 8 days by e-mail. If the Buyer does not notify us of any defects within 8 days, the products will be deemed accepted by Buyer.
Upon reception, products must be stored as indicated on labels or datasheets provided with the product.
[Unless otherwise agreed in writing by the parties, or as required by law, acceptance shall be deemed to be effected eight (8) days after the date of delivery or installation of the Products or the performance of the Services.] No Goods returns will be accepted without the prior approval of Helixar. All claims must be received within 8 days following receipt of the Goods. Buyer must obtain a return authorization number and return the Goods by the specified courier following the approved temperature guidelines. The Goods must be returned in original condition. Helixar reserves the right to charge a restocking fee for conforming Goods.
- RETURN, REPLACEMENT AND REFUND.
If Buyer placed an order through webshop by mistake, Buyer may return the goods under indicated shipping condition. If the Goods was updated with a shipping status, Buyer agrees to compensate Helixar reasonable cost of the shipping/package/handling, with a minimum of 100EURO.
Buyer received wrong product and claimed to Helixar within 8 days, Buyer can return the goods under indicated shipping condition without extra charge.
Buyer received defected product and claimed to Helixar within 8 days, Buyer will receive replacement product.
From 8 days to the end date of warranty, Buyer may file a complaint to any defect, with reasonable proof. Helixar will send these information to Supplier for investigation. Only confirmed defect will be replaced with no extra cost from Buyer.
There are different status to describe the use of the HEX points:
- Remaining points: points that is not used;
- Processing Points: An order/agreement has been established with the Supplier, and the product is not yet received for 8 days, or a service is not yet delivered to Buyer;
- Used points: The points that have been used to pay for products or service.
Remaining points can be fully refunded, 14 days after the last order received by Buyer. If Buyer did not process the refund, or no operation available from his side, Helixar will process the refund.
Processing points can not be refunded. Buyer shall discuss with Supplier about the Service process or Product shipping. When both parties agree, the “Processing points” will be changed status into either “Remaining points” or “Used points”.
“Used points” will not be refunded.
After the agreement is signed, the service will continue till the end of the project. Unless otherwise agreed, refund is only possible for the not processed operations.
- LIMITED WARRANTY.
The warranty provided hereunder is only applicable to the Buyer. No third party claims will be honored.
Different Product has its own warranty, please check the supplied datasheet or user manual.
Products are warranted for the stated expiration date of such Products.
Warranty Exclusions. Unless otherwise required by law, the warranties provided above do not include:
- Damages caused by normal wear and tear, spillage, improper use, storage or handling, or neglect.
- Damages caused by accident and disaster which will include, but not be limited to, fire, flood, water, wind, and electrical surge.
- Products which have been repaired, altered or modified in any way or parts which have been replaced by Buyer or any other person or persons (other than those employed by Helixar) without the prior written consent of Helixar.
- Any Product sold as refurbished, reconditioned or used.
- Any Product sold through an unauthorized reseller.
- Any Product used in a country or associated region different from the country or associated region in which the Product was sold to Buyer.
- Any Product not used in accordance to Supplier's published documentation.
- LIMITATION OF LIABILITY.
Helixar shall not be liable for failure to perform any of its obligations resulting from circumstances beyond its reasonable control. Helixar will notify Buyer as soon as practically possible after it becomes aware of deficiencies in any Product supplied. Any claim relating to Product shall be limited to replacement or refund of original purchase price paid, without any exceeding.
Helixar will not be liable for any professional advice it may offer in relation to the use of Products nor any claims or applications not listed in the literature or any use other than Buyer’s own Internal Research Purposes or the misuse of Products which will include using the Products for diagnostic, therapeutic or in vivo use in human subjects. Helixar cannot provide a guarantee for all applications for which a specific reagent may be used. Further, information disclosed in Helixar Product literature should not be considered as a recommendation to use Product in violation of any patents.
- GOVERNING LAW, JURISDICTION AND VENUE.
Orders with Helixar will be governed by and interpreted in accordance with Belgian law. The Liege (Belgium) court will deal with any dispute which may arise from the contract or agreement between a Buyer and Seller.
If any provision of these Terms and Conditions is or becomes invalid or unenforceable, in whole or in part, in any jurisdiction, the validity and enforceability of the other provisions of these Terms and Conditions and its validity and enforceability in any other jurisdiction shall not be affected. Any failure (in whole or in part) to exercise or delay in exercising any right, power or remedy available under these Terms and Conditions or in law will not constitute a waiver of thereof.
Nothing in these Terms and Conditions is intended to provide any rights to third parties to enforce any term.
- FORCE MAJEURE.
Helixar shall not be liable for any delay or failure of performance, including without limitation, the failure to deliver or install the Goods, where such delay or failure arises or results from any cause beyond the reasonable control of Helixar, including but not limited to, flood, unusually severe weather, earthquake or other act of nature, power loss, strike, boycott, or other labor disputes, embargo, governmental regulation, or an inability or delay in obtaining materials. In the event of such delay or failure of performance, Helixar shall have such additional time within which to perform its obligations hereunder as may be reasonably necessary under the circumstances.
End of the General Terms & Conditions
Updated: May 2022.