These Terms and Conditions of Sale (this “Contract”) shall govern all orders for the purchase of products from Vitro Biopharma, the Vitro Diagnostics Inc Group of Companies and each of its subsidiaries and affiliates (hereinafter referred to as “Vitro Biopharma”, “we” or “our”). The purchaser (hereinafter referred to as “Purchaser”, “you”, or “your”) will be deemed to have assented to this Contract by ordering products. No variation of these terms and conditions will be binding upon Vitro Biopharma unless agreed to in writing and signed by an authorized representative of Vitro Biopharma.
All invoices are issued at time of shipment and are payable within 30 days thereafter, unless otherwise required by Vitro Biopharma. Payment should be made in accordance with the instructions on the invoice issued to you. Please contact us for bank account details when submitting remittance by bank wire transfer. We also accept valid Visa, Mastercard, American Express and Discover credit cards.
Any products and services tax, sales tax, use tax, manufacturers tax, occupation tax, excise tax, value added tax, duty, customs, inspection or testing fee, or any other tax, fee or charge of any nature imposed by any government authority or measured by the transaction between Vitro Biopharma and Purchaser will be paid by Purchaser in addition to the purchase price. If Vitro Biopharma is required to pay any such tax, fee or charge, then Purchaser will reimburse Vitro Biopharma immediately upon receiving a request in writing from Vitro Biopharma.
If the Purchaser fails to make any payment when due under this Contract, then the Purchaser will pay to Vitro Biopharma interest on the amount unpaid from the date when payment is due until payment is made at the rate of 1.5% per month compounded monthly (equivalent to 19.56% per annum), calculated and payable monthly, as well after as before any judgement.
When you use the online shopping cart, place orders, submit account applications or other forms, use the “contact us” page, e-mail us, establish a Web user profile, submit a résumé, and at other times, you may provide Vitro Biopharma with your personally identifiable information. If you place an order, we may collect credit card or other payment information.
In order to help process your orders and to protect against potential fraud, we may verify with third parties the personally identifiable information you provide to us. In the course of such verification, we may receive personally identifiable information about you from such third parties and combine it with the information you provide directly to us.
Please contact Vitro Biopharma or your local distributor for a current price list. Prices are subject to change without notice.
Products are sold for laboratory Research Use Only, Not for Diagnostic or Therapeutic Use, and are not to be administered to humans. Products are labeled “For In-Vitro Use Only”, and provided for research use in the European Union (EU). Purchaser shall not reverse-engineer, analyze or otherwise attempt to derive the properties, composition, construction or method of manufacture of any of the products, including but not limited to, analysis by physical, chemical or biochemical means and shall not cause a third party to do the same.
The Purchaser shall not make products or any portion of them, in any way, shape or form, including as a component of another product available for the purpose of further resale or alter or remove the product label and the Vitro Biopharma mark of origin without the express written permission of Vitro Biopharma.
PRICE LISTS AND ADVERTISEMENTS
Any descriptions or illustrations contained in Vitro Biopharma’s catalogue, price lists and advertisements or otherwise communicated to Purchaser are intended merely to present a general idea of the products so described. Nothing contained in any of them will form any part of this Contract.
Products supplied by Vitro Biopharma, are warranted to meet the specifications provided on our Product Information Sheets when used under normal conditions in your laboratory for a period expiring six months to a year after the date of their purchase or the expiry date specified on the packaging of the product, whichever is earlier. All products are sold “as is” with a “Certificate of Analysis” showing proven quality control parameters and release. Should any product fail to perform as specified during the warranty period (the “Product Warranty Period”), Vitro Biopharma will credit the purchase price to the Purchaser’s account or replace the product free of charge. This warranty is exclusive and limits our liability to the replacement of the product or, at our option, full credit of the original purchase price. A warranty will not apply to a product that fails to perform its specific function due to misuse, improper storage, and use beyond expiry date or accidental damage.
THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY VITRO BIOPHARMA IN CONNECTION WITH THE PRODUCT AND IS, WHERE PERMITTED BY LAW, IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, GUARANTEES AND REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN CONNECTION WITH THE PRODUCT, HOWEVER ARISING (WHETHER BY CONTRACT, TORT, NEGLIGENCE, PRINCIPLES OF MANUFACTURER’S LIABILITY, OPERATION OF LAW, CONDUCT, STATEMENT OR OTHERWISE), INCLUDING, WITHOUT RESTRICTION, ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT THAT IT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, WILL BE LIMITED IN DURATION TO THE WARRANTY PERIOD STIPULATED UNDER THE ABOVE LIMITED WARRANTY.
IN NO EVENT WILL VITRO BIOPHARMA BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES, COSTS OR EXPENSES, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, ANY ECONOMIC LOSSES OF ANY KIND, ANY LOSS OR DAMAGE TO PROPERTY, ANY PERSONAL INJURY, ANY DAMAGE OR INJURY ARISING FROM OR AS A RESULT OF MISUSE OR ABUSE, OR THE IMPROPER STORAGE, USE BEYOND EXPIRATION DATE, ACCIDENTAL DAMAGE TO THE PRODUCT OR ANY COSTS ARISING FROM THE USE, THE RESULTS OF USE, OR THE INABILITY TO USE, THE PRODUCT, HOWEVER ARISING (WHETHER IN CONTRACT, TORT, NEGLIGENCE PRINCIPLES OF MANUFACTURER’S LIABILITY, OPERATION OF LAW, CONDUCT, STATEMENT OR OTHERWISE).
Purchaser acknowledges that some of the products may be hazardous or could otherwise present a safety risk as may be outlined in any Product Information Sheet or any other label or document shipped with or otherwise associated with any of the products. Purchaser agrees to use, store and otherwise handle the products with such care and taking such safety precautions as is necessary or appropriate in each case. In no event shall Vitro Biopharma be liable for any personal injury or any other damages arising from or as a result of use, handling, misuse or mishandling of the products.
GENERAL DATA PROTECTION REGULATION
Purchaser agrees that use of your contact information by Vitro Biopharma is necessary for performance of this and future purchase contracts and that explicit consent to use such information under the General Data Protection Regulation is not required.
Vitro Biopharma’s Web servers may automatically collect non-personally identifiable information such as website usage information when you visit the Site, including: the number and frequency of visits to each web page; your Internet Protocol address; your browser and platform type; your length of stay; the website from which you entered; and the actions you take.
Vitro Biopharma makes commercially reasonable efforts to use industry-standard security technologies to secure your information, including personally identifiable information. Servers where personally identifiable information is stored are password and firewall-protected, and access is limited to those employees and independent contractors with whom we have an agreement to keep the information confidential, who have a need to know, and who agree to access the information only for the purposes identified above. Financial information is transmitted and stored in encrypted form.
INTELLECTUAL PROPERTY RIGHTS
Vitro Biopharma has not verified the possible existence of third party Intellectual Property Rights which might be infringed as a consequence of product manufacture, use, sale, offering to sale or import, and Vitro Biopharma shall not be held liable for any loss or damages in that respect. The sale shall not, by implication or otherwise, convey any license under any intellectual property right and Purchaser expressly assumes all risks of any intellectual property infringement. Nothing contained in this Agreement will be construed as an assignment to Purchaser of any Intellectual Property Rights in or to the products. All Intellectual Property Rights in or to the products are and will remain the sole and exclusive property of Vitro Biopharma and are reserved by Vitro Biopharma.
ENTIRE AGREEMENT; INCONSISTENT DOCUMENTS
This Contract and any invoice, statement of work, or the like (if any) issued by Vitro Biopharma to which this Contract is attached and/or which includes this Contract constitutes the complete and entire statement of all terms, conditions and representations of the agreement between Vitro Biopharma and Purchaser with respect to its subject matter. Any proposal for additional or different terms from those in this Contract or documents as aforesaid or any attempt by Purchaser to vary in any degree any of the terms of this Contract or any other document is hereby objected to and rejected, but such proposals shall not operate as a rejection of this Contract, which shall be deemed irrevocably accepted by Purchaser without said additional or different terms, unless Vitro Biopharma specifically agrees to same in writing. Any waiver, amendment or other modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought.
INVALIDITY OF PARTICULAR PROVISION
If any provision of this Contract or any part of any provision (in this section called the “Offending Provision”) is declared or becomes unenforceable, invalid or illegal for any reason whatsoever including, without limiting the generality of the foregoing, a decision by any competent courts, legislation, statutes, by laws or regulations or any other requirements having the force of law, then the remainder of this Contract will remain in full force and effect as if this Contract had been executed without the Offending Provision.
Last Updated July 23, 2018
It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.
COLLECTION AND USE OF PERSONAL INFORMATION
We collect the following personal information from you:
- Contact Information such as name, email address, mailing address, phone number
• Billing Information such as credit card number, and billing address
• Unique Identifiers such as user name, account number, password
As is true of most websites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system and store it in log files.
We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you.
We use this information to:
- Send general communications
• Send you a newsletter
• Send you promotional communications
• Process and track transactions
• Provide products and services to you
• Recommend products that Vitro Biopharma believes will be of interest and provide value to you
Vitro Biopharma is committed to protecting our customers from damaging and misleading forms of electronic communications. Vitro Biopharma is compliant with the anti-spam legislation in U.S. State Anti-Spam Laws and adopts this high standard throughout its global operations.
You may choose to stop receiving our newsletter or promotional communication by following the unsubscribe instructions included in these emails or you can contact us at firstname.lastname@example.org.
We will share your personal information including your email address with third parties only in the ways that are described in this privacy statement. We do not sell your personal information to third parties.
We may provide your personal information including your email address to companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.
Technologies such as: cookies, beacons, tags and scripts are used by Vitro Biopharma and our online support providers. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
SOCIAL MEDIA WIDGETS
We partner with a third party to either display advertising on our website or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may op-out. Please note this does not opt you out of being served ads. You will continue to receive generic ads.
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact us at email@example.com.
When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at firstname.lastname@example.org. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
We are PCI compliant because nothing is more important than keeping our customer’s payment data secure. The PCI Data Security Standard represents a common set of industry tools and measurements to help ensure the safe handling of sensitive information. The standard provides an actionable framework for developing a robust account data security process – including preventing, detecting and reacting to security incidents.
We post customer testimonials on our website which may contain personal information. We do obtain the customer’s consent prior to posting the testimonial to post their name along with their testimonial. To request removal of your personal information from Testimonials please contact us at email@example.com.
NOTIFICATION OF PRIVATE POLICY CHANGES
4621 Technology Dr.
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Shipping & Returns
Vitro Biopharma (“we,” “our,” “Vitro Biopharma”, or “Distributor”), a website focused on the sale of cell culture medium and cell line products (“Products”) and biomarker profiling (“Services”) to businesses and other entities via the Internet. In order to help make our site (“website”) a trustworthy and safe place to buy goods, all users (“you”, “your” or “Purchaser”) of our products and service are required to accept and comply with our Web Site Use Agreement, which includes acceptance of, and compliance with, all of the terms and conditions provided herein, as amended from time to time.
SHIPPING & DELIVERY
North America: All Canada and U.S. orders are shipped from a Vitro Biopharma facility in North America FOB Origin, Prepay and Add. Under this term, transportation and cargo insurance will be arranged for and paid by Vitro Biopharma, and then invoiced by Vitro Biopharma to the Purchaser.
International: All Vitro Biopharma international orders are shipped FOB Origin. In addition, as provided for under FOB Origin, Vitro Biopharma will act as a transportation agent and will assume responsibility to arrange for and pay for transportation and insurance to the point of entry in the Purchaser’s country and to invoice the Purchaser for those costs.
For International shipments, the Purchaser assumes all responsibility for the importation of the product into the Purchaser’s country, including obtaining all required permits, licenses or certificates. Vitro Biopharma shall not be liable, under any circumstances, for the failure of any government authority to issue such permits, licenses or certificates
For each of the above, risk of loss or damage to the products, as well as the obligation to bear any costs relating thereto, shall pass to the Purchaser upon Vitro Biopharma making delivery to a carrier at Vitro Biopharma’s facility in good condition. Title to the products shall pass from Vitro Biopharma to Purchaser when Vitro Biopharma has been paid the purchase price in full.
We guarantee complete customer satisfaction with our products. If you are not completely satisfied with the performance of any product, call customer service for either at complete refund or replacement item(s).
CLAIMS & RETURNS
Our satisfaction guarantee means that if you are note completely satisfied with a performance of any product, we will exchange or refund it according to your preference. Please contact our Customer Service department if there are any problems with a product. If necessary, goods are to be returned with a Returned Goods Authorization Number. We will then provide instructions for the return of merchandise.
Product returns will not be accepted by Vitro Biopharma without prior written authorization. Request to return products must be made within seven days of receipt. Vitro Biopharma reserves the right to test a sample of the product prior to authorizing the return of the remaining product and to deny return if, in the opinion of Vitro Biopharma, the product complaint is a result of inappropriate usage or handling rather than a failure of the product to meet specifications as outlined on our Product Information Sheets, when used under normal conditions in your laboratory. Return of custom products will not be authorized if such product meets the specifications on the custom order form. In case of a purchasing error or change in the order after the product has been shipped, a 25% restocking fee will be charged. If Vitro Biopharma makes a shipping error, either a replacement product will be shipped at no charge or the Purchaser’s account will be credited.