BiotechZone Marketplace: Contract Policy

Contract

BIOTECHZONE | CONTRACT POLICY
Last updated: May 11, 2016

The present Policy regulates the relations between sellers/service providers and buyers within biotechzone.com. In particular, the present Policy, together with the Terms and Conditions of Use, regulates the contracts concluded in the Site.
 
1. BiotechZone secure environment
1.1. BiotechZone offers a secure environment for you to perform your transactions. To protect the integrity of such environment, as well as to protect your privacy and the security of your transactions, you must not provide personal data, concerning you or your affiliation, directly to another user.
1.2. It is strictly prohibited to request, provide and/or exchange email addresses, skype/IM usernames, telephone numbers or any other personal or/ and institutional contact details (other than your username and affiliation).
1.3. You must not add external links to product/ service's description in the site.
1.4. You must not use the forms on the site (e.g.: Contact Seller) to place new orders or share personal/professional contacts.
1.5. For security reasons, you must communicate, ask for information or exchange files exclusively through BiotechZone's messaging system.
1.6. You cannot send spam.
1.7. Good communication and fast answers to buyers and prospective buyers are recommended.
1.8. All information exchanged between buyers and sellers/service providers, should be kept confidential and should not be used for any purpose whatsoever other than related to the product/service and its delivery to the buyer.
1.8.1. Buyers and sellers/service providers agree to keep such information confidential by using, at least, the same standard of care with which they use in protecting their own data, which has to meet a reasonable standard of care;
1.8.2. Before disclosing any information in a purpose not related to the product/ service and its deliver, the buyer or seller/ service provider shall obtain the other party’s written consent;
1.8.3. Buyers and sellers/service providers agree to destroy all confidential information once it is not further necessary, namely in case of completion or abandonment of works;
1.8.4. Once a party is aware of any unauthorized transfer, disclosure, loss, or use of any confidential information, it will notify the other party. 

2. Conclusion of contract for the sale and purchase
2.1. You acknowledge and agree that a contract for the sale and purchase of a product/service or products/services will come into force between you and another registered user.
2.2. Such contract will bind you to buying or selling the relevant product/service or products/services.
2.3. The buyer will be able to check the seller’s credentials, through the storefront.
2.4. Once the buyer is logged in, he must add the products/services he wishes to purchase to the shopping cart, and then proceed to the checkout.
2.5. If the user is not the representative of the institution/company, the representative will be notified to approve (or reject) the order and proceed to checkout.
2.6. Once the buyer (Admin - representative of the institution/company) proceeds to the checkout, the Site will notify the seller of the buyer’s order, on-site and by email, allowing to check the buyer’s credentials, and to validate the sale, and apply, if applicable, Value Added Tax (VAT)/ Tax.
2.7. Once the seller has checked whether it is able to meet the buyer's order, the seller will send to the buyer an order confirmation - at this point the order will become a binding contract between the seller and the buyer.
2.8. Notified of such confirmation, the buyer must select the preferred shipping method and confirm the order by proceeding with the payment, according to 3. 
 
3. Payment
3.1. The payment of products/services purchased in the Site is made in the following terms:
3.1.1. After the confirmation of the buyer’s order, the buyer will be transferred to PayPal’s secure website that will handle the payment to the seller.
3.1.2. If you don’t have a PayPal Business account, you can pay with a credit or debit card (Guest Payment) – payment using a buyer’s credit or debit card without logging into PayPal to complete the transaction. Please note that for European Union countries, only 10 guest payments are allowed per card.
3.1.3. After the payment’s confirmation, the Site will send an automatically generated acknowledgement of payment to the buyer.
3.1.4. Users must not offer or accept payments using any method other than the mentioned above. If you have been asked to use an alternative payment method, please report it immediately here.
3.1.5. No financial and payment information will be stored on BiotechZone.com. Any information transferred during the payment process is completely secure.
3.1.6. Users must not pay other users directly using their PayPal account. 
 
4. Legal compliances
4.1. The seller must ensure that:
4.1.1. legal notices are sufficient to meet the seller's legal disclosure obligations and other legal obligations; and
4.1.2. he complies with all applicable laws to his product/service listings and sales, including where applicable, but not limited to, Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (EU), Directive 2001/18/EC as regards the possibility for the Member States to restrict or prohibit the cultivation of genetically modified organisms (GMOs) in their territory (EU), Directive 2000/31/EC of the European Parliament and of the Council on certain legal aspects of information society services, in particular electronic commerce (EU), the Electronic Commerce (EC Directive) Regulations 2002 (UK), the Trade in Animals and Related Products Regulations 201 1(UK), The Control of Substances Hazardous to Health Regulations 2002 (UK). 
 
5. Contract provisions
5.1. Both buyer and seller undertake to comply with the agreed terms and conditions of sale and purchase.
5.2. Notwithstanding any terms agreed between a buyer and a seller, the following provisions concerning the price will be incorporated into the contract of sale and purchase between the buyer and the seller:
5.2.1. the price for a product will be as stated in the relevant product listing;
5.2.2. in the case of services, there are 2 possible types of prices:
5.2.2.1. Fixed
5.2.2.2. On request (not disclosed)
5.3. Notwithstanding any terms agreed between a buyer and a seller, the following provisions concerning shipping costs and taxes will be incorporated into the contract of sale and purchase between the buyer and the seller:
5.3.1. shipping costs (including packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges) will only be payable by the buyer if this is expressly and clearly stated in the product/ service listing and/ or during the overall order confirmation process.
5.3.2. sales tax is not included nor in the product price or shipping cost nor in the service price. This may be charged by the seller/ service provider.
5.3.3. international buyers should note that import duties, taxes and charges are not included in the product price or shipping cost. These charges are the buyer's responsibility. Thus, prospective buyers should check with their country's customs office to determine what the additional costs will be prior to bidding/ buying. Customs policies vary by country. Import licenses may be also required for purchasing. The buyer must comply with all applicable laws and regulations of the country in which he is receiving the imported product.
5.4. Notwithstanding any terms agreed between a buyer and a seller, the following provisions concerning information will be incorporated into the contract of sale and purchase between the buyer and the seller:
5.4.1. The prospective buyer may consult the shipping information on the product details page, where, among other details, shipping information and costs should be presented:
5.4.1.1. shipping information: shipping courier, service and costs, shipping condition, package type, and applicable option for local pickup. The shipping time for the order will be set by the seller and depends on where the buyer’s affiliation is located and the shipping service he selects at checkout. Saturday, Sunday and legal holidays are not considered business or transit days;
5.4.1.2. Further details concerning shipping information will be privately shared with the prospective buyer, such as the locations where shipping is available, as defined by the seller, and availability of tracking information.
5.4.1.3. Sellers are responsible for all shipping logistics. BiotechZone does not handle or guarantee shipping, tracking, quality and condition of items and shall not be responsible or liable for any damages or other problems resulting from shipping.
5.5. Notwithstanding any terms agreed between a buyer and a seller, the following provisions concerning dates, means of delivery and invoices will be incorporated into the contract of sale and purchase between the buyer and the seller:
5.5.1. Deliveries of products must be made within 30 days following date the contract of sale comes into force or such shorter period as the buyer and seller may agree. Service providers must complete the service within the specified estimated time. Failing it may result in a negative feedback.
5.5.2. Services must start being provided 15 days following date the contract of sale comes into force or such shorter period as the buyer and seller may agree.
5.5.3. Appropriate means of delivery of products/services must be used by the seller/ service provider.
5.5.4. A valid invoice must be attached to the buyer’s order details page.
5.6. Given that the buyer must use the Site while performing his professional activity, he will not be considered, at any instance and for any purpose, a consumer. 
 
6. Quality of the products and services
6.1. Products sold over the Site must conform in all material respects to the description of the products in the product listing and any other description of the products supplied or made available by the seller to the buyer.
6.2. Providing of services must comply with the description made in the services listings and with the good practices accordingly to the state-of-the-art.
6.3. In providing the services, the provider will act with care, skill and diligence, and in compliance with all applicable laws and regulations. In doing so, the provider is obliged to allocate sufficient time, effort, equipment, facilities, skilled personnel and other resources to complete the services, successfully and on time.
6.4. BiotechZone may contact users to assess the satisfaction of the providing of services. 

7. Special provisions concerning services
7.1. The materials property of the buyer that he provides, in the scope of a contract concluded in the Site, to the service provider shall remain exclusive property of the buyer.
7.2. As set, but not limited, in the following terms, all materials and deliverables are subject to strict confidence. Therefore, all the content and information that the provider learns in the course of providing the services shall not be disclosed to third parties.
7.3. In the case the buyer provides any kind of materials to the service provider, including samples, documents and other data, the provider must:
7.3.1. Use the materials only for the purposes of the services;
7.3.2. Store and handle the material in accordance with any instructions provided by the buyer, or in accordance with the industry best practices, and in accordance with all laws and regulations;
7.3.3. At the buyer’s request, or regardless of such request once the services are concluded, be returned to the buyer or destroyed;
7.3.4. Not transfer or disclose any materials to any person except to the extent such transfer or disclosure:
7.3.4.1. is necessary for purposes of providing the services; and,
7.3.4.2. is made to his employees, consultants or representatives who owe an obligation of confidentiality to Supplier no less restrictive than the confidentiality terms set forth herein;
7.3.5. Not perform any physical, chemical or biological analysis or testing, or reverse engineer any materials, nor to attempt any determination of the identity or structure of any materials, except as required to perform the services;
7.3.6. Not use the materials in humans.
7.4. Buyers are granted all rights for all deliverables, namely intellectual property rights, including but not limited to copyright.
7.4.1. Deliverables shall mean, namely and not limited to, results, full protocol details, reports, documents and other proofs of work.
7.4.2. Service providers waive all rights concerning the deliverables, unless clearly specified otherwise in their service description or parallel agreements between service providers and buyers.
7.4.3. For purposes of the previous point, no license or any other right is granted to the service provider under any intellectual property right, know-how, or other proprietary right of the buyer, except for the right to deliver the required services.
7.4.4. The service provider is not allowed to exploit – including processing data, disclosing or filing a patent – any result that may directly or indirectly derive from the performance of the services, unless such action is authorised in writing by the buyer.
7.4.5. In custom services (e.g. custom software development; computer graphics; science art - animations/ videos/ illustrations; etc.), the delivered service shall be the exclusive property of the buyer.
7.4.6. After the service completion, the service provider must submit all deliverables, by privately and securely sharing them with the buyer. The sharing shall take place through the order details page on the site.
7.4.7. Only the buyer shall have access to the deliverables. This means no third parties (including BiotechZone) shall have access to such content;
7.4.8. All submitted files must be free from viruses and malware. We recommend scanning all files before uploading. BiotechZone will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
7.5. The service provider will perform all the actions concerning the providing of the services in compliance with the relevant high ethical standards applicable to the industry. 
 
8. Special terms for auctions
8.1. Besides the applicable terms of this Policy and those of Terms and Conditions of Use, the auctions of equipment and instruments will be subject to the following terms.
8.2. When an auction takes place, buyers will be able to bid for the product auctioned. The highest bid will win the auction. If the highest price is bid by more than one user, the winner is the one who bid in the first place.
8.3. As a seller in an auction, you:
8.3.1. will have to define:
8.3.1.1. the starting bid price and reserve price;
8.3.1.2. the criteria applicable to the buyer – such as the licenses he must hold to acquire the auctioned product;
8.3.1.3. the auction end time;
8.3.2. are not allowed to cancel the auction, once it begins, unless no bids were made;
8.3.3. will be able to verify the identity of the winning bidder and verify if he complies with the outlined criteria; and, in this case,
8.3.4. will  automatically enter in a contract with the winning bidder;
8.3.5. are obliged to fulfil the purchase and, after receiving the payment, proceed with sale processing; and,
8.3.6. are not allowed to bid on your own product.
8.4. As a buyer, once you bid in an auction, you:
8.4.1. by clicking "Confirm Bid", are committing to buy the auctioned product from the seller, if you are the winning bidder;
8.4.2. acknowledge you meet all the criteria for becoming a buyer of the auctioned product - both the criteria set in this policy and those outlined by the seller in the information about the auction on the equipment/ instrument description;
8.4.3. cannot retract from the bid, as it is a binding contract valid unless a higher bid is made before the end of the auction;
8.4.4. will  automatically enter in a contract with the seller, in the case your bid is the winner and you comply with the required criteria;
8.4.5. are obliged to complete the purchase and proceed with its payment, in the case the bid is the winner.
8.5. During the auction, the product details page will present the deadline of the auction, the current bid and the criteria to which the buyer must comply to enter the auction.
8.6. The identity of bidders will not be public. Once the auction is over, only the seller will be informed of the identity of the winning bidder.
8.7. The contract between the seller and the winning bidder will be concluded, once the seller verifies the identity of the buyer and his compliance with the defined criteria.
8.8. If the buyer does not comply with the outlined criteria for the auction, he will be subject to a penalty. In the case he wins the auction, such penalty will be worth the price of the product. 

9. Return/refund policies
9.1. The return/refund policies are defined by the seller.
9.1.1. The seller shall define the cases in which return of products are allowed, the applicable deadlines, who pays the returns, among other details.
9.1.2. The information concerning the policies are made available to the prospective buyers in the product details page.
9.2. Once the buyer chooses to "Refund", the Dispute Center will allow the parties to settle the case. Once the seller receives the return, after checking the product(s), he may decide:
9.2.1. to accomplish the refund.
9.2.2. to disapprove the refund. In this case, the buyer may:
9.2.2.1. Present a PayPal claim on PayPal’s Resolution Center. In this situation, it is up to PayPal to solve the dispute;
9.2.2.2. Contact BiotechZone Support Service.
9.3. If an order is cancelled, in an one-off situation and with a valid cause, the payment funds will be returned to the buyer.
9.4. The following cannot be returned:
9.4.1. Services;
9.4.2. Digital content;
9.4.3. Perishable products;
9.4.4. Products of which quality would be affected by its return to the seller;
9.4.5. Products the seller validly informed the buyer would not be subject to returning or refunding. 
 
10. Feedback
10.1. Feedback is an important part of the trust system within BiotechZone’s marketplace. It will bring security, confidence and most of all, happy new customers.
10.2. In order to inform accurately prospective buyers about the experience with every seller, users will be asked to give feedback – which is rated on a scale of 1-5 stars: 1 being bad and 5 being excellent.
10.3. An honest and accurate feedback will help:
10.3.1. Buyers to be informed about the quality of a seller/service provider and his products/services.
10.3.2. Sellers/Service providers to be informed about prior experiences with the buyer. 
10.4. Buyers should consider the seller/ service provider's rating before purchasing.
10.5. Sellers/ Service providers must fulfil their orders, and cannot cancel on a regular basis or without cause, after receiving the payment. This action may result in a negative feedback. The specified shipping time/ service delivery time must also be fulfilled. When the seller/ service provider fails to meet this time, the buyer have the right to ask for refund and may give a bad feedback.
10.6. Both buyers and sellers have the option to cancel an order during the overall order validation process, before the payment occurs. These cancellations don't affect feedback. When the cancellation is done after the payment, the feedback may be affected.
10.7. Sellers/ Service Providers cannot demand positive feedback from buyers.
10.8. Even when the Seller/ Service Provider does not agree with the feedback given by the buyer, he must not limit the possibility of such buyer make future orders.
10.9. Buyers cannot demand a refund or an inapplicable return by threatening to leave negative feedback.
10.10. Before leaving a bad feedback, an user should contact the other, since comments may not be changed.
10.11. Feedback comments shall not:
10.11.1. Use bad language;
10.11.2. Identify an user with further elements than those presented on the Site;
10.11.3. Be an harassment to someone;
10.11.4. By any means, constitute a crime or violate any law or regulation;
10.11.5. Be left with the intent to artificially affect a seller’s rating or otherwise defraud potential future users;
10.12. Feedback comments in violation of the previous clause will be removed.
10.13. Decisions concerning feedback, feedback abuses and any disciplinary measures will be made by BiotechZone. 
 
11. Dispute/ Support Center
11.1. If there's something wrong with your order (e.g.: product is not as described/ product did not arrive/ service was not provided), please, always first fill a dispute by clicking "Refund" in the order details page and contact directly the seller/ service provider.
11.2. BiotechZone strongly recommends that the parties communicate and try to work things out.
11.3. In the case a report does not receive a response from the seller/ service provider or such response is unsatisfactory and further assistance is needed, the party may contact the support center