General Terms & Conditions Of Sale For The Sale Of Products Of Labeo Technologies Inc.
This agreement (hereinafter the “Agreement“) sets forth the terms and conditions that apply to the purchase of all products (hereinafter the “Products“) from Labeo Technologies Inc. doing business as LabeoTech and having its head office at 580-3333 Ch Queen-Mary, Montreal, in the province of Quebec (H3V 1A2), Canada (hereinafter the “Seller“).
The terms “you” and “your” refer to the person who purchases Products (hereinafter also referred to as the “Customer” and collectively the “Customers“) through our website (hereinafter the “Platform“). LabeoTech provides its Customers with a Platform to purchase instruments for preclinical research.
By using this Platform to purchase Products online, you accept and agree to be bound by the Agreement. You represent that you are of legal age to enter into this Agreement. This Agreement contains important information about your rights and obligations and sets out the restrictions and exclusions to which you may be subject.
For more information about your rights and obligations, we suggest you read the applicable laws and regulations.
- AUTHORIZATION TO USE ELECTRONIC DOCUMENTS
You hereby authorize the exchange of documents and information between you and LabeoTech over the Internet, by e-mail or by telephone. You agree that this Agreement is equivalent to an original written Agreement between you and LabeoTech. You also agree that all agreements, notices, information and other communications that we provide to you electronically satisfy any legal requirement that such communications be made.
- OTHER DOCUMENTS, AGREEMENTS AND POLICIES
Notwithstanding the foregoing, the provisions of this Agreement take precedence over the provisions of the Other Policies. In the event of any inconsistency between the provisions of this Agreement and those of the Other Policies, the provisions of this Agreement shall apply.
The characteristics of the Products sold by LabeoTech are defined on the Platform. Product prices are also defined on the Platform. The display of this information on the Platform is proof of this, but LabeoTech reserves the right to modify this information at its convenience, in compliance with applicable legal and regulatory provisions.
- REGISTRATION, USERNAME AND PASSWORDS
Some of the features available on the Platform require registration or subscription. If you choose to register or subscribe to such a feature, you agree to provide true and current information about yourself as required by the registration or subscription process and to promptly update such information as necessary to ensure that it remains accurate and complete.
You acknowledge that you are responsible for:
i. maintain the confidentiality of any passwords you choose or are assigned as a result of your registration or subscription;
ii. any and all activity that occurs under your user name or password; and
iii. log out of your account at the end of each session.
In addition, you agree to notify LabeoTech of any unauthorized use of your username or password. In the event that you fail to comply with the obligations set forth in this section, LabeoTech shall not be liable for any loss or damage arising therefrom.
- ACCOUNT SUSPENSION, RESTRICTED ACCESS, TERMINATION
In the event of a serious breach of this Agreement, or if LabeoTech has reason to believe that your actions are necessary to protect its safety and integrity, that of its other Customers or third parties, for fraud prevention or investigation purposes, LabeoTech may decide to:
i. Restrict access to and use of the Platform to the offending Customer;
ii. Suspend the offending Customer’s account, either temporarily or permanently, depending on the seriousness of the offence.
Any person making a purchase on the Platform (hereinafter the “Customer”) is the person contracting with LabeoTech.
The order of Products made by the Customer through LabeoTech’s Platform constitutes an order (hereinafter the “Order”) and gives rise to the formation of a contract between the Parties (hereinafter the “Contract”). When ordering a Product via the Platform, the Customer must approve the Order.
The Contract is formed when LabeoTech validates the Order received from the Customer.
Following the Order, details of the Products purchased will be included in a confirmation e-mail sent to the Customer by LabeoTech. An invoice will be sent to the Customer by email.
An Order is not binding on LabeoTech until it has been paid in full.
LabeoTech reserves the right to limit quantities, refuse or cancel any Order, including after an Order has been submitted, even if the Order has been confirmed and invoiced. If your Order is cancelled after your payment has been processed, you will receive a full refund from LabeoTech in accordance with applicable laws and regulations and this Agreement.
Order cancellations are made by e-mail. If the Order is paid in full, the Customer will receive a full refund. LabeoTech will reimburse the Customer in accordance with the applicable legal and regulatory provisions and this Agreement.
If the Customer has received the Order after cancellation, the Customer must return the Product to LabeoTech in its original, sealed and undamaged container. Delivery charges for this return will be billed to the Customer.
To the extent permitted by law, if LabeoTech finds that a cancellation notice was given in bad faith or in an illegitimate attempt to avoid payment for Services actually received and enjoyed, LabeoTech reserves the right to reject your refund request.
All prices are in USD unless otherwise stated. Prices displayed on the Platform do not include taxes. These are added when your order is confirmed.
Although LabeoTech makes every effort to provide an accurate description of its prices, there is always a risk of error. LabeoTech then reserves the right to correct its prices and any erroneous information, to modify the prices of the Products or any other modification of this Agreement, at any time, in compliance with the applicable legal and regulatory provisions.
If a price is incorrect, LabeoTech reserves the right to cancel your Order and any charges invoiced and will contact you to offer you a new Order at the adjusted price or a refund in accordance with the terms of this Agreement and applicable laws and regulations.
- PAYMENT TERMS
Payment terms are established by LabeoTech, at its discretion. LabeoTech allows payment to be made by the following methods:
– Mastercard; and
– Bank transfer.
Payments must be approved by the financial institution that issued the credit or debit card. The Customer must be legally authorized to use the card that will be used to pay for the Order. LabeoTech guarantees that it does not collect any banking data from Customers. In the event that the Product offered to the Customer does not benefit from chargeback and that the Consumer Protection Act is applicable, LabeoTech undertakes not to debit the Customer until the Product has been shipped.
Customers may not pay for their Orders in installments. All payments must be made in full and in a single instalment.
- PRODUCT AVAILABILITY
Availability of some Products may be limited. LabeoTech may modify or withdraw Products at any time without notice. If a Product ordered is not or is no longer available, LabeoTech will notify you by e-mail or telephone, and will offer you the choice between:
i. Refund of the unavailable product, and shipment of the remainder of the Order, if applicable.
ii. Replacement of the unavailable product with another equivalent product at the same price
iii. The total cancellation of your Order, and a refund, if the unavailable product determined the rest of the Order.
LabeoTech offers home delivery throughout Canada and the United States.
LabeoTech ships internationally.
The delivery times indicated on the Platform run from the time the Order is validated on the Platform.
These delivery times are estimates and not guarantees.
Orders are delivered by third-party companies: FedEx, UPS and DHL (hereinafter the “Shippers”).
In the event that a Product purchased on the Platform is lost in transit, LabeoTech must be notified within thirty (30) days of the initial announced delivery date, or in the absence of such date, within thirty (30) days of the purchase date, in order to initiate a claim to trace the missing Product(s). Orders declared lost after the thirty (30) day period cannot be traced and will not be reimbursed, it being the Customer’s responsibility to initiate any claim with the third-party delivery company.
If the Customer is a consumer within the meaning of the Consumer Protection Act, and has not received delivery of the Order within thirty (30) days following the agreed delivery date, or failing that following the date of purchase, the Customer may send LabeoTech a cancellation notice. LabeoTech will then proceed with the refund of the order within fifteen (15) days following receipt of said notice. If the Customer receives the Order after the refund, it must be returned to LabeoTech in its original packaging and unused.
Any signature obtained by the shippers at the delivery address indicated by the Customer at the time of the Order constitutes confirmation of receipt of the Products by the Customer.
- SHIPPING COSTS, FEES AND OTHER TAXES
You must pay all sales, use, goods and services, shipping costs, harmonized sales and other taxes and duties related to the order.
Unless otherwise indicated, prices displayed on the Platform do not include shipping costs.
- RETURNS, EXCHANGES AND REFUNDS
LabeoTech does not provide refunds or exchanges for non-defective Products purchased on the Platform, with the exception of Products that do not conform to the description on the Platform, or where the Products received by the Customer are not the Products ordered by the Customer.
The request for refund or exchange of the Product must be made within thirty (30) working days of receipt of the Order.
In the case of defective Products purchased on the Platform, the Customer may request the repair of the Product, an exchange or a refund within thirty (30) working days of receipt of the Order.
The Product may be returned by mail or the Customer may bring it in person to LabeoTech’s workshop located at 580-3333 Ch Queen-Mary, Montreal, in the Province of Quebec (H3V 1A2), Canada.
In the event of return of the defective Product by mail, LabeoTech will be responsible for the shipping costs of returning the defective Product and shipping the repaired or replaced Product to the Customer.
For any other reason, in the event of return or exchange of the Product by post, transport costs will be borne by the Customer.
- EXCLUSION AND LIMITATION OF LIABILITY
Not applicable to Customers residing in the Province of Quebec: Subject to applicable law, LabeoTech makes no warranties, conditions or undertakings of any kind whatsoever and gives no warranty other than as expressly set forth on the Platform. LabeoTech excludes, including but not limited to the foregoing, any liability for claims related to normal wear and tear, misuse of the Product or unlawful use thereof. LabeoTech’s liability in the event of proceedings arising from these terms and conditions of online purchase shall be limited to the purchase price paid by the Customer to LabeoTech for the Order in question.
Applicable to Customers residing in the Province of Quebec: LabeoTech shall not be liable for any damages or claims related to misuse, abuse, modification, improper selection or misappropriation of the Product.
- FORCE MAJEURE
LabeoTech will not be held liable for the non-performance, in whole or in part, of any of its obligations to the Customer, nor for any damages or losses that the Customer may suffer if the non-performance, damage to the Orders or losses result from a force majeure or natural disaster.
Force majeure refers to all events beyond the control of the Parties, unforeseeable and unavoidable, of any nature whatsoever, including natural disasters, bad weather, fires, floods, avalanches, landslides or subsidence, strikes, sabotage, embargoes, interruptions or delays in transport or means of communication, tooling accidents and scrapping of important parts during manufacture duly noted by the Customer or one of its representatives, acts or regulations emanating from public authorities, civil or military, (including delays in obtaining authorizations or permits of any kind), war . . which have the effect of rendering the Agreement temporarily or permanently unenforceable.
If such an event occurs, as defined above, LabeoTech must notify the Customer in writing, and the performance deadlines are automatically extended by the duration of the event. If the duration of the force majeure event exceeds three (3) months, the Customer may terminate the Contract by notice sent to LabeoTech.
- APPLICABLE LAW AND JURISDICTION
This Agreement shall be interpreted in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein.
This Agreement shall be treated in all respects as a distance selling contract governed by the laws of the Province of Quebec, without regard to principles of conflict of laws.
Before going to court, the Parties agree to jointly appoint and have recourse to a mediator in the event of a dispute concerning the performance, application or interpretation of these General Terms and Conditions of Sale.
- COMPETENT TRIBUNAL
Notwithstanding any attribution of jurisdiction and applicable law, where the Customer is a consumer within the meaning of the Quebec Consumer Protection Act, then any dispute relating to these Conditions shall be governed by the laws of the Province of Quebec, and shall necessarily be brought before a court of competent jurisdiction pursuant to the rules of the Code of Civil Procedure.
If the Customer is not a consumer, any dispute shall be settled in accordance with article 19.
In the event of a dispute which cannot be settled with the help of a mediator, the Parties agree to submit their dispute to an arbitrator within sixty (60) days of the last exchange in the mediation procedure. The Parties may mutually agree in writing to a longer period before submitting the dispute to arbitration.
The arbitration will be conducted under the aegis of a sole arbitrator and will be conducted in accordance with the rules of law and the provisions of the Code of Civil Procedure of Quebec, in force at the time of the dispute. The arbitral award shall be final, binding and without appeal, and shall bind the Parties.
This clause shall not apply where the Customer is a consumer within the meaning of the Consumer Protection Act.
Headings are included in this Agreement for convenience of reference only and shall not affect the interpretation of this Agreement. The general interpretation of this Agreement is subject to the provisions of the Civil Code of Québec.
LabeoTech reminds you that the Platform is intended for use by adults, not minors.
You may not assign your rights or obligations under this Agreement without LabeoTech’s express written consent.
The parties are bound by this Agreement and acknowledge that they are aware of each other’s rights and obligations.
- CONSUMER PROTECTION
The provisions of the present Agreement are not intended to replace the Consumer Protection Act, the latter being applicable as a matter of priority whenever the situation so requires.
This Agreement shall be interpreted in accordance with the rules of the Civil Code of Quebec. The clauses shall be interpreted one by one, giving each clause the meaning that results from the Agreement as a whole.
- ENTIRE AGREEMENT
This Agreement, the Other Policies, Terms and Conditions incorporated herein by reference or referenced herein, constitute the entire Agreement between you and LabeoTech relating to the terms and conditions of sale, use of the Platform and transactions conducted on or from the Platform. They supersede any prior agreements or understandings (whether electronic, oral or written) regarding the subject matter hereof, and may only be modified in writing in accordance with this Agreement.
- NO WAIVER
LabeoTech’s failure to enforce any provision hereof or to act upon any breach hereof by you or any third party shall not in any way waive LabeoTech’s right to enforce any terms hereof or to act upon similar breaches in the future.
I declare that I have read and understood this Agreement and that there are no illegible or incomprehensible clauses in this Agreement and accept this Agreement in its entirety WITHOUT RESERVATION.
- MODIFICATION OF CONDITIONS
Use of the Platform by the Customer after modifications means that the Customer agrees to abide by and be legally bound by the modified Terms and Conditions. If the Customer does not accept the present General Terms and Conditions of Sale or, as the case may be, the General Terms and Conditions of Sale as amended, he must not, or must no longer, use the Platform. It will have, at the latest, thirty (30) days after the entry into force of the modifications to send a notification to LabeoTech.
For any return, exchange, refund, cancellation of Orders and subscriptions you can contact the person in charge, by:
- Email: [email protected]
- Phone number: 438-448-8840
Last update: August 16, 2023