Terms and conditions

By ordering products from FunGrams, you agree to the following terms and conditions.

We urge you to read the statements below, consider them and read them before purchasing products from our site.
All products are : FOR RESEARCH PURPOSES ONLY.
THEY ARE NOT INTENDED FOR HUMAN CONSUMPTION. THEY ARE NOT INTENDED TO BE PURCHASED AND OWNED BY PERSONS UNDER 21 YEARS OF AGE.

Your responsibility is: TO BE AWARE OF THE GENERAL CONDITIONS BEFORE ORDERING. TO ENSURE THAT THE PRODUCT YOU ARE ORDERING IS LEGAL TO IMPORT AND POSSESS IN YOUR COUNTRY/REGION.

USE OF PRODUCTS BY BUYERS

Master Chemists’ products are intended for laboratory research only and are not to be used for any other purpose, including, but not limited to, in vitro diagnostic purposes, in human or animal foods, drugs, medical devices or cosmetics, for commercial purposes, or for the production of illicit drugs. In addition, not all products are intended by their manufacturer for human use or consumption. The chemical, physical and toxicological properties of these chemicals have not been fully investigated and are not guaranteed.
Buyer acknowledges that the products have not been tested by FunGrams for safety and efficacy for food, pharmaceutical, medical, cosmetic, commercial or other uses. Buyer expressly represents and warrants to FunGrams that Buyer will properly test, use, manufacture and market all products purchased from FunGrams and/or materials manufactured with products purchased from FunGrams 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. Buyer warrants to FunGrams that all terms and conditions of these terms and conditions will be complied with if buyer introduces into commerce products purchased from FunGrams.
Buyer further warrants to FunGrams that any materials manufactured with FunGrams’ products will not be adulterated or misbranded and will not be materials that may not be introduced into commerce.
The purchaser is responsible for checking for hazards and conducting any additional research necessary to learn about the hazards associated with the use of products purchased from FunGrams. The purchaser also has a duty to warn its customers and any ancillary personnel (such as handlers, etc.) of the hazards associated with the use or handling of the products. The purchaser undertakes to comply with the instructions, if any, provided by FunGrams regarding the use of the products and not to misuse the products. If products purchased from FunGrams are to be repackaged, relabeled or used as raw materials or components of other products, purchaser shall verify the assay of the products by FunGrams. No product purchased from FunGrams shall, unless otherwise specified, be considered a food, drug, medical device or cosmetic product.
In addition, any customer of FunGrams represents that he/she assumes full responsibility for any purchase (present and future) of any product or service from FunGrams.

INTERNATIONAL USE

FunGrams makes no claims that the products offered can be legally purchased outside of the Netherlands. The purchase of the products offered may not be legal for certain persons or in certain countries. If you purchase the products offered outside the Netherlands, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These terms and conditions are governed by the internal substantive laws of The Netherlands, without regard to conflict of laws principles.
Jurisdiction for any claim arising out of this agreement shall lie exclusively with the courts of the Netherlands. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions.
shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any provision of these terms and conditions shall be deemed a further or continuing waiver of such provision or any other provision.
FunGrams does not ship to the United States and Buyer expressly warrants to FunGrams that Buyer will not ship to the United States any products or supplies purchased from FunGrams. FunGrams reserves the right, in its sole discretion, to terminate your access to FunGrams products and services if buyer is found to be in breach of these terms and conditions and FunGrams shall not be liable for any legal disputes or damages arising from the consequences of such breach.

WEBSITE

As a condition of your use of the FunGrams web site, you warrant to FunGrams that you will not use the FunGrams web site for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the FunGrams web site in any manner that could damage, disable, overburden or impair the FunGrams web site or interfere with any other party’s use and enjoyment of the FunGrams web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the FunGrams web site. FunGrams reserves the right, in its sole discretion, to terminate your access to the FunGrams web site and related services or any portion thereof at any time without notice.

NAME AND LOGO

The user agrees not to use the FunGrams name or logo for promotional or commercial purposes or for any other purpose without the prior written consent of FunGrams.

LIABILITY WAIVER AGREEMENT

Customer hereby acknowledges the following: The chemicals and/or supplies purchased may have hazardous properties; and that it is legally entitled to receive such materials. In consideration of the sale of the chemicals and/or supplies offered to the undersigned, Buyer agrees as follows:

1. FunGrams makes no warranty, express or implied, that the chemicals and/or supplies are merchantable or suitable for any particular purpose.
2. In no event shall FunGrams, or its heirs and assigns, be liable for consequential damages, and FunGrams’ liability for any claim for damages arising out of or in connection with the sale, delivery or use of the chemicals and/or supplies shall not exceed the purchase price of the chemicals and/or supplies.
3. Buyer will not use the chemicals and/or supplies in violation of any local, state, federal or national law.
   The original customer, successors and assigns, agree to hold FunGrams harmless and indemnify FunGrams for damages caused by the use of the chemicals and/or supplies.
4. FunGrams warrants that its products will conform to the description of such products as provided to purchaser by FunGrams through FunGrams’ catalog, analytical data or other documents. FunGrams’ warranties in connection with this sale shall not be effective if FunGrams has determined, in its sole discretion, that Buyer has misused the products in any way, has not used the products in accordance with industry standards and practices, or has not used the products in accordance with instructions, if any, provided by FunGrams
5. That the above conditions apply equally to all current, past and future purchases.
   This disclaimer applies to any damage or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of recordings, whether for breach of contract, negligence or any other cause of action.
6. You agree to defend, indemnify and hold harmless FunGrams, its officers, directors, employees and agents, from and against any claim, action or demand, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the FunGrams services or your violation of the terms of these terms and conditions. In other words, you hereby acknowledge that any purchase will be made at your own risk

FEES

1. The prices of the products and/or services provided shall not be increased during the period of validity indicated in the offer, subject to price changes due to changes in VAT rates.
2. Contrary to paragraph 1 of this article, FunGrams may offer products or services whose prices are subject to fluctuations in the financial market that are beyond its control, at variable prices. The offer shall indicate the possibility of being subject to fluctuations and the fact that the prices indicated are indicative prices.
3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from new legislation.
   Price increases from 3 months after conclusion of the contract shall only be permitted if FunGrams has so stipulated and
   a. they are the result of legal regulations or provisions, or
   b. the consumer has the right to withdraw from the contract before the day on which the price increase begins.
4. All prices indicated in the supply of products or services are inclusive of VAT.

Performance contract and additional warranty

1. FunGrams warrants that the products and/or services comply with the agreement, the specifications listed in the offer, reasonable usability and/or reliability requirements and the legal provisions and/or government regulations in force on the day the agreement was concluded. In the event of agreement, FunGrams also warrants that the product is suitable for other than normal use.
2. In any event, no claim can be made under paragraph 1 of this article (i) in the event of damage caused deliberately or by gross negligence, (ii) in the event of normal wear and tear and/or (iii) in the event of damage resulting from improper maintenance or handling.
3. An additional warranty offered by FunGrams, its supplier, manufacturer or importer shall never affect the rights and claims that the consumer may have against FunGrams regarding a breach of FunGrams’ obligations if FunGrams has breached its part of the agreement.
4. Additional warranty” means each obligation of FunGrams, its supplier, importer or manufacturer with which it assigns certain rights or claims to the consumer that go beyond what is legally required of it in the event that it fails to perform its part of the agreement.

Delivery and Performance Agreement

1. Master Chemists shall exercise the utmost care when booking orders and fulfilling orders for products as well as when evaluating requests for services.
2. The place of delivery shall be the address provided by the consumer to FunGrams
   The consumer shall provide FunGrams with the correct delivery address and postal address. FunGrams shall be notified immediately of any changes. If the
   consumer has entered an incorrect shipping address, then the additional shipping costs will be charged to the consumer.
3. Delivery shall take place during the period of supply.
4. The ownership of the delivered products will be transferred to the consumer upon payment of the amount due. The risk of the products is transferred to the consumer at the time of delivery.
5. FunGrams shall execute accepted orders with reasonable speed but at least within 3 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer shall be informed within 3 days of the order. In this case, the consumer has the right to withdraw from the contract free of charge and with the right to possible compensation.
6. After termination pursuant to paragraph 6 of this article, FunGrams shall return the payment made by the consumer without delay.
7. The risk of loss and/or deterioration of the products shall be borne by FunGrams up to the time of delivery to the consumer or to a representative appointed in advance and notified to FunGrams, unless explicitly agreed otherwise.

FORCE MAJEURE

FunGrams and the Consumer shall not be obliged to fulfil any obligation if they are prevented from doing so due to a circumstance that is not attributable to their fault and that is not considered to be their responsibility, nor by virtue of the law, a legal action or a generally accepted concept.

Claim procedure

1. FunGrams has an adequately notified complaints procedure and shall process the complaint in accordance with this procedure.
2. Complaints regarding the performance of contracts shall be submitted to FunGrams as soon as possible after the consumer has noticed the defects, in a complete and clear manner.
3. Complaints addressed to FunGrams shall be responded to within 1 to 3 days of the date of receipt. If a complaint requires a longer period of time
4. FunGrams shall respond within 1 to 3 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

Privacy and Security

FunGrams respects the privacy of the consumer. FunGrams shall collect and process all personal data transmitted to it in accordance with the applicable legislation, in particular the law on the protection of personal data. The Consumer agrees to this processing. In order to protect the Consumer’s personal data, FunGrams observes appropriate security measures.
For further information on privacy protection, please refer to the FunGrams website.

Additional provisions

1. Any deviations from these terms and conditions can only be agreed in writing. No rights can be derived from such deviations for future agreements.
2. The administration of FunGrams shall serve as proof of the Consumer’s orders and requests, unless the Consumer proves otherwise. The Consumer acknowledges that electronic communication may serve as evidence.
3. FunGrams shall be entitled to transfer the rights and obligations arising from the contract with the Consumer to a third party by means of a single notification to the Consumer.
4. In the event and to the extent that a provision of these general terms and conditions is cancelled or declared null and void, FunGrams shall draft a new provision that shall replace the null and void provision, as far as possible respecting the object and purpose of the null and void provision.

Applicable law

These terms and conditions and any non-contractual obligations arising therefrom, between FunGrams and the consumer, are governed exclusively by Dutch law.
ENSURE THAT ALL COMPOUNDS ARE PROVIDED STRICTLY FOR RESEARCH USE ONLY, PRIMARILY REAGENT TESTS AND GC/MS REFERENCES, IN APPROPRIATE DESIGNATED AREAS, WITH ALL NECESSARY EQUIPMENT AND SAFETY PROCEDURES IN PLACE.
We are not responsible for any harm caused to any person or property by improper use.
You agree to indemnify FunGrams in the event of legal action and you accept responsibility for all products ordered as an importer.
We may change these terms and conditions at any time and are not required to notify you of such changes. By placing an order with FunGrams and accepting the terms and conditions, you are responsible for violating these terms and conditions.

FUNGRAMS

Introduction: general conditions

Les présentes conditions générales s’appliquent toujours lorsque vous utilisez notre site Web ou passez une commande sur notre site. Elles contiennent des informations importantes pour vous en tant qu’acheteur. Veuillez les lire attentivement.

Definitions :

Website: the website of the store, which is located at www.FunGrams.eu and all its subdomains.

Customer: the natural or legal person acting in the exercise of a profession or business who concludes a contract with FunGrams and/or is registered on the website.

Agreement: any arrangement or agreement between FunGrams and the Customer of which the Terms and Conditions form an integral part.

General Terms and Conditions: these General Terms and Conditions. Applicability of the general terms and conditions The general terms and conditions shall apply to all offers, agreements and deliveries of FunGrams, unless explicitly agreed otherwise in writing. If, in its order, confirmation or other communication alleging acceptance of the General Terms and Conditions, the customer includes provisions that differ from or are not included in the General Terms and Conditions, these provisions shall only be binding on FunGrams if FunGrams has accepted them in writing up to that point. In cases where product- or service-specific terms and conditions apply in addition to these general terms and conditions, the customer may always invoke the applicable term or condition that is most favourable to him in the event of any inconsistency with the general terms and conditions. Prices and information

All prices displayed on the website and in other materials from FunGrams include taxes and other levies imposed by the government, unless otherwise indicated on the site.

If shipping costs are charged, they will be clearly indicated in time before the conclusion of the contract. These costs will also be shown separately in the order process. The content of the website is compiled with the utmost care. However, FunGrams cannot guarantee that all information on the website is correct and complete at all times. All prices and other information displayed on the website and in other documents from FunGrams are subject to obvious programming and typing errors. FunGrams cannot be held responsible for color discrepancies resulting from the quality of the colors displayed on the screen.

Conclusion of the Agreement: The Agreement shall be deemed to have been concluded at the time the Customer accepts FunGrams’ offer subject to the conditions set out by FunGrams. If the Customer has accepted the offer electronically, FunGrams shall promptly confirm the acceptance of the offer electronically. Until such time as the acceptance is confirmed, the customer shall have the option of withdrawing from the contract. If it becomes apparent that the customer has provided incorrect data when accepting or entering into the contract, FunGrams shall not be able to properly perform its obligations until the customer’s correct data is received.

Registration: To make the best use of the website, the customer can register using the registration form / account login option on the website. During the registration process, the customer will be asked to choose a username and password to log into the website. Customer is solely responsible for choosing a password that is sufficiently secure. The customer must keep his or her login name and password strictly confidential. FunGrams cannot be held responsible for any misuse of login credentials and is always entitled to assume that the customer logging on to the website is the party he/she claims to be. The customer is responsible for all actions and transactions made through their account and assumes all risk. If the customer knows or has reason to believe that his or her login information has become accessible to unauthorized third parties, he or she will be asked to change his or her password as soon as possible and/or notify FunGrams accordingly so that FunGrams can take appropriate action.

Once FunGrams has received the order, it shall send the products to the Customer without delay and in accordance with the provisions of paragraph 3 of this article. FunGrams shall be entitled to engage third parties to perform its obligations under the Agreement. Information shall be published on the website well in advance of the date of signature of the Agreement. This information shall clearly describe the manner in which and the period within which the products will be delivered. If no delivery period has been agreed or indicated, the products shall be delivered within 30 days at the latest. If FunGrams is unable to deliver the products within the agreed delivery period, it shall inform the customer accordingly. In this case, the customer may decide to accept a new delivery date or to terminate the contract free of charge. FunGrams advises the Customer to inspect the products upon delivery and to report any defects within an appropriate period of time, preferably in writing or by e-mail. For more details, see the article on warranty and compliance. The risk associated with the products will pass to the Customer as soon as the products are delivered to the agreed delivery address. If the ordered product can no longer be supplied, FunGrams shall be entitled to deliver a product of comparable nature and quality to the ordered product. In this case, the customer shall have the right to withdraw from the contract free of charge and to return the product free of charge. Right of withdrawal / return The customer shall be entitled to withdraw from the distance contract with FunGrams within 14 calendar days of receipt of the product, free of charge and without giving any reason.

The time limit begins the day after the consumer, or a third party designated by the consumer, who is not the carrier, receives the product, or: – if the delivery of a product involves different deliveries or parts: on the day the customer, or a third party designated by the customer, received the last delivery or part; – with contracts for regular delivery of products during a given period: on the day the customer, or a third party designated by the customer, received the last product; – if the customer has ordered several products: on the day the customer, or a third party designated by the customer, received the last product. Only the direct costs related to the return are to be paid by the customer. This means that the customer will have to pay the costs of returning the product. All shipping costs paid by the customer and the purchase price paid for the product will be refunded to the customer if the entire order is returned. During the withdrawal period referred to in paragraph 1 above, the Customer shall treat the product and its packaging with the utmost care. The Customer may only open the packaging or use the product if this is necessary to determine the nature of the products, their characteristics and their functioning. The Customer shall only be liable for any devaluation of the product that results from his handling of the product other than as authorized by. The customer may withdraw from the contract in accordance with paragraph 1 of this article by notifying FunGrams of the withdrawal (in digital or other form) within the withdrawal period, using the standard form for the right of withdrawal or in another unequivocal manner. If FunGrams allows the customer to declare his or her withdrawal by electronic/digital means, FunGrams shall send an immediate confirmation of receipt upon receipt of such declaration. As soon as possible, but no later than 14 days after the date of the report referred to in paragraph 1, the Customer shall return the product or hand it over to (a representative of) FunGrams. Customer may send the product directly to FunGrams without advance notice of withdrawal within the period mentioned in paragraph 1. In this case, the customer must include a written notice of withdrawal, such as the standard form.  Any amount already paid by the customer (in advance) will be refunded to the customer as soon as possible and in any event within 14 days of the termination of the contract. If the customer has chosen an expensive method of delivery rather than the cheaper standard delivery, FunGrams shall not refund the additional costs associated with the more expensive method. Except in cases where FunGrams has offered to pick up the product itself, it may defer the refund until it has received the product or until the Customer proves that it has returned the product, whichever occurs sooner. Information regarding the applicability or not of the right of return is

Payment

The Customer shall pay the amounts due to FunGrams in accordance with the order procedure and payment methods indicated on the Site. FunGrams is free to offer any payment method it chooses and may change such methods at any time.

Guarantees and compliance

This section only applies if the customer is not acting in a professional or commercial capacity. If, notwithstanding the latter provision, FunGrams provides a separate warranty on the products, this applies to all types of customers. FunGrams warrants that the products comply with the Agreement, with the specifications set out in the offer, with the reasonable requirements of soundness and/or user-friendliness and with the legal and/or regulatory provisions in force on the date the Agreement is signed.

If expressly agreed, FunGrams shall also warrant that the product is suitable for purposes other than its normal use. Any warranty offered by FunGrams the manufacturer or importer shall not affect any legal rights and claims that the Customer already has and may assert under the Contract. If the delivered product does not meet the requirements of the Contract, the Customer may notify FunGrams within a reasonable time after discovering the defect. If FunGrams deems the complaint to be justified, the affected products shall be repaired, replaced or refunded after consultation with the Customer. In accordance with the article on liability, the refund shall not exceed the price paid for the product by the Customer.

Complaint Handling Procedure

If the customer has any complaints in relation to a product (in accordance with the article on guarantees and compliance) and / or concerning other aspects of the FunGrams service, he can submit a complaint by phone, by email. See contact information at the bottom of the Terms and Conditions. FunGrams will respond to the complaint as soon as possible, and in any case within 7 days of receipt. If it is not yet possible for FunGrams to formulate a substantive response to the complaint at that time, FunGrams shall acknowledge receipt of the complaint within 7 days of its receipt and indicate the period within which it expects to be able to give a substantive or final response to the customer’s complaint.

Responsibility:

This article shall only apply if the Customer is a natural person or a legal entity acting in a professional or commercial capacity. FunGrams’ total liability to the Customer for any failure to perform the Agreement shall be limited to compensation not exceeding the price stipulated for the Agreement (including VAT). FunGrams shall not be liable to the Customer for any indirect damage or loss, which in any event includes – but is not explicitly limited to – consequential damage, loss of profit, lost savings, loss of data and damage resulting from business interruption.

Apart from the cases mentioned in the two preceding paragraphs of this article, FunGrams shall not be liable to the Customer for any damages, regardless of the grounds on which the claim for damages is based. The restrictions set out in this article shall cease to apply, however, if and to the extent that the damage or loss results from an intentional act or gross negligence on the part of FunGrams.

FunGrams shall only be liable to the Customer for a default attributable to the performance of a contract if the Customer gives due notice of default to FunGrams, stipulating a reasonable period of time in which to remedy the default, and FunGrams also continues to default after such period. The notice of default shall contain as detailed a description of the default as possible to enable FunGrams to provide an adequate response. Any event giving rise to a claim for compensation shall always be subject to the condition that the Customer notifies FunGrams in writing as soon as possible, but no later than 30 days after the occurrence of the damage or loss. In the event of force majeure, FunGrams shall not be obliged to pay compensation for any damage or loss caused by the Customer.

Reservation of ownership:

 Until the customer has made full payment of the agreed total amount, FunGrams shall retain ownership of all goods delivered.

Personal details:

FunGrams will process the customer’s personal data in accordance with the privacy statement published on the site in compliance with the GDPR.

Final Provisions :

This Agreement shall be governed by the laws of the country in which the online store is established. Unless otherwise stipulated by mandatory law, any dispute arising from the Agreement shall be submitted to the competent French court in the department where FunGrams has its registered office. If any provision of these terms and conditions is found to be invalid, this shall not affect the validity of the terms and conditions as a whole. In such event, the Parties shall establish one or more new replacement provisions that shall mirror the original provision to the extent possible under the law. The term “writing” in these terms and conditions also refers to communication by electronic mail and fax, provided that the identity of the sender and the integrity of the electronic message have been sufficiently established.