Seller, Sales, Purchaser, Purchase, Product(s) Agreement
Unless otherwise agreed in writing by BioShield Distribution Ltd (hereafter the “Seller”), the following are the Terms and Conditions of Sale of the Seller which, together with any other terms and conditions agreed upon in writing between the Seller and the customer (hereafter the “Purchaser”), shall apply to all sales of goods, services and support by the Seller to the Purchaser.
Through the use of the website www.5gbioshield.com namely in case of placement of purchase orders, the Purchaser declares and agrees to accept and be bound by the present Terms and Conditions of Sale.
The Seller reserves the right to modify these Terms and Conditions of Sale from time to time without notice. It is therefore the Purchaser’s duty to verify, before using the website and/or the online shop, the content of these Terms and Conditions of Sale.
By using this website (“www.5GBioshield.com’), you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to this website.
Any order shall not be binding upon the Seller until the related written confirmation of order, which shall be dispatched by theSeller either by post, courier, telefax or electronic means (for example e-mail), has been received by the Purchaser.Orders must be submitted in writing, stating the preferred shipment address, delivery dates, quantities and detailed description of the requested products. Orders may be placed either by post, courier, e-mail or other electronic means of communications (for example through our website), which allow the transmission of orders in written form.Should the confirmation of order differ from the order, the Purchaser shall communicate in writing the discrepancy and its disagreement on the proposed terms within 5 working days from receipt of the confirmation of order. In the absence of any such communication, the Purchaser shall be deemed to have accepted the sale’s terms and conditions as set in the confirmation of order. In case of significant discrepancy between the confirmation of order and the order with reference to material aspects of the transaction (namely: price and quantity of the product), the Seller shall request a written confirmation of acceptance by the Purchaser. In case of non-acceptance, the contract shall be considered as never concluded.
The customer may request a written pricing quotation for the supply of products, which shall remain valid and binding upon the Seller for 5 working days, unless otherwise indicated in the quotation itself. In all events, the price and other economic conditions as stated in the confirmation of order issued by the Seller shall be considered as accepted and binding upon the parties. The Seller reserves the right to correct pricing errors prior to shipment, subject to the Purchaser’s right to cancel the order.
Prices and other economic conditions (discounts, rebates etc.) published online or through any other advertising or commercial communications to the general public are not binding upon the Seller and subject to modification at any time and without notice. Such communications may not be interpreted as representing an offer by the Seller to conclude contracts upon the indicated terms.
Except otherwise stated in the written confirmation of order, all prices are inclusive of transportation, insurance costs, value added tax or any other applicable tax, duty, levy or charge in any jurisdiction and the amount of any taxes which the Seller may be required to pay in advance or collect shall be for Purchaser’s account and shall be added to each invoice issued by the Seller as separate items.
4. TERMS OF PAYMENT
The Purchaser shall pay on the terms stated in the confirmation of order. In principle, the Purchaser is requested to make a full payment through credit card payment or bank transfer before shipment. Failing any request or indication, payment shall occur net without discount within 15 days from the date of the confirmation of order.The Seller reserves the right to suspend any delivery (including future or partial deliveries), or require a satisfactory guarantee, in the event the Purchaser fails to pay in full and / or on a timely manner any order (including partial deliveries).In case of violation of the agreed terms and conditions of payment by the Purchaser, the Seller shall be entitled to charge and recover from the Purchaser a default interest in the rate of 7% per year on all overdue amounts.
5. DELIVERY TERMS
The Seller shall deliver the goods to the Purchaser or to its representatives or auxiliaries (namely, the transportation company or courier or the post) at the date stated on the confirmation of order. Failing such indication, the products may be delivered at any time as the Seller deems appropriate, being understood that the date and time of delivery must be communicated to the Purchaser with a prior notice of at least 5 working days in case of personal receipt.Any delivery dates indicated by the Seller are non-binding and based on the conditions prevailing at the time the order is placed and under the assumption of normal supply and manufacturing conditions. In no event the Seller shall be liable for any damages to the Purchaser or other persons due to delay in delivery or non-delivery. Except in case of termination by the Purchaser in accordance with the present Terms and Conditions, delay in delivery shall not relieve Purchaser of its obligation to accept delivery thereof and pay for the products.If a purchase order is not executed within 30 days from the date of receipt of the confirmation of order, the Purchaser shall be entitled to terminate the contract and obtain full reimbursement of the price paid. Reimbursement shall take place within 10 working days from the date of receipt by the Seller of the termination notice. An order is deemed to be executed by the Seller when delivery is offered at the Place of Delivery in accordance with the contract.Transportation or shipping costs and expenses are as displayed on the website.The Seller may (without being obliged to) insure the full commercial value of the products or declare the same to the transportation company or courier or post at the time of shipment.
6. TRANSFER OF RISK AND PROPERTY, COMPLIANCE WITH FOREIGN LEGISLATIONS
The risks of loss and damage shall pass to the Purchaser on the delivery date at the Place of Delivery. In case of shipment, the risks shall pass to the Purchaser upon hand-over by the Seller of the products to the transportation company or courier or post. Confiscation, seizure, block or destruction of, or damage to products shall not release, reduce or in any way affect the liability and / or obligations of the Purchaser therefore. In particular, before placing an order, the Purchaser shall be responsible to verify that the products may be imported and consumed in his/her/its Country of Residency having regard to any applicable foreign or domestic laws.Title and property shall pass to the Purchaser upon delivery, provided that the invoiced amounts have been paid. Insofar payment has not been received, the Seller may, at anytime, register its title of property into the Register of reservation of property.
7. ACCEPTANCE/RETURNS In case of personal receipt by the Purchaser (or its representatives) at the Place of Delivery:
At the time of delivery, the Purchaser (or its representatives) shall execute an accurate inspection of the products. In the presence of defective products or a non-conform delivery for any reason whatsoever, the Purchaser shall issue a notice within 30 days (of receiving it) of defect or non-conformity, which must state in sufficient detail the nature of the deficiencies. If for any reason you wish to return your products, you may write to us at firstname.lastname@example.org to make a return request. See our Returns Policy for full details here
8. LIMITED WARRANTY
The Seller warrants that the Products are exempt of defects and compliant with the standard specifications of the Seller in effect on the date of shipment, or to any requirements especially agreed upon with Purchaser, as stated in the confirmation of order, if any.All other warranties, expressed or implied, with respect to the products are waived.
9. LIMITED LIABILITY
Any liability of the Seller out of this contract for any title or circumstance, with the exception of personal injury, shall be limited to intentional wrongdoing or serious fault and to a maximum amount of 5 times the purchase price effectively paid by the Purchaser to the Seller for the quantity of products in respect of which a claim has been made (cap of liability)Under no circumstances shall the Seller be liable for special, incidental, punitive, indirect or consequential damages (including but not limited to loss of profits, revenues, etc.) incurred by the Purchaser or any other person.
10. FORCE MAJEURE
No liability shall result from delay in performance or non-performance by the Seller caused by serious and unforeseeable circumstances beyond its control, including, without limitation, acts of God, fire, flood, explosions, riots, wars, perils of the sea, labor troubles, machinery breakages, government actions or prohibitions, shortage of raw materials or energy and/or traffic stoppages.
Whenever possible, each provision of these Terms and Conditions of Sales shall be interpreted in such a manner as to be effective and valid under the applicable law. The determination by any Court of competent jurisdiction that one or more of the sections or provisions of these Terms and Conditions of Sales are unenforceable shall not invalidate the Terms and Conditions of Sales, and the decision of such Court shall be given effect so as to limit to the extent possible the sections or provisions which are deemed unenforceable.Purchaser shall not assign its rights or delegate its performance hereunder without the prior written consent of the Seller.
12. APPLICABLE LAW
All contracts shall be construed under and governed by the law of the laws of England and Wales or the United Kingdom, with the exclusion of the Statute on Private International Law and the United Nations Convention on Contracts for the International Sale of Goods dated as of April 11th, 1980.All disputes between the Seller and Purchaser shall be submitted to the exclusive jurisdiction of the ordinary courts of laws of England and Wales or the United Kingdom The Seller shall have the right to bring an action against the Purchaser also before the competent court of the place where the Purchaser has its domicile / residency or owns assets.Any mandatory rules on jurisdiction as applicable in accordance with international conventions entered into by laws of England and Wales or the United Kingdom, namely in the field of private consumers’ protection, are fully reserved.
Information concerning the disclaimer can be found in our Disclaimer Notice which can be accessed through this link. That Notice is also an integral part of the Terms herein
Information concerning Returns can be found in our Returns Policy which can be accessed through this link. That Policy is also an integral part of the Terms herein.
Contact: Contact can be made by emailing to: hello (at) 5gbioshield.com or mailing to:
BioShield Distribution Ltd.
Unit 5 Drakes Courtyard
291 Kilburn High Road
London, England, NW6 7JR