Sales terms and conditions

Sales and delivery terms and conditions for the online store phyconesia.ilm.pf

 

Preamble

These general sale terms and conditions apply to all sales concluded on the website phyconesia.ilm.pf

The site https://www.phyconesia.pf is an online service of the Louis Malardé Institute (hereinafter referred to as “ILM”).

Louis Malardé Institute

PHYCONESIA products and services

BP 30, 98713 Papeete

Tahiti – French Polynesia

Phone: +689 40 41 64 65 Fax: +689 40 43 15 90

Email: contact.phyconesia@ilm.pf

Website:phyconesia.ilm.pf

The web site phyconesia.ilm.pf sells marine toxins of natural origin and reference materials (cell extracts from cultures of Gambierdiscus polynesiensis, flesh or liver samples from fish and marine invertebrates).

Through the site, you can contact the research team for services or projects development in the field of marine biotoxins.

 

General Terms and Conditions

These general terms and conditions of sale and delivery (hereinafter referred to as the “GTC”) apply to all sales and delivery of products, services and projects development carried out from the phyconesia.ilm.pf site.

These general terms and conditions apply to business people, professionals, entrepreneurs, legal entities under public or private law (hereinafter referred to as “the CUSTOMER”).

No sale of products or services is made to individuals.

The products and services marketed are intended for Research purpose only.

The GTC apply exclusively. Other pre-drafted conditions are only valid if they have previously been expressly accepted by ILM. To be valid, these agreements require written form and may use electronic communication channels.

Unless otherwise agreed, any order automatically implies, on the part of the CUSTOMER, its full and complete acceptance of these conditions of sale, notwithstanding any speculation to the contrary appearing on orders or correspondence with ILM.

The CUSTOMER declares to have read and accepted the general conditions of sale prior to placing his order.

 

Product Information

Detailed presentations are available for each product which is offered within the limits of available stocks. The photographs of the products are not contractual.

The CUSTOMER get the following information on the products and services:

  • characteristics of the product or service
  • product price by quantity
  • amount of the flat-rate delivery costs
  • estimated delivery time
  • all information relating to ILM (identity, postal, telephone and electronic contact details)

Note: requests for safety data sheets (SDS) for products must be sent to  contact.phyconesia@ilm.pf

 

Order, conclusion of contract and payment

The CUSTOMER acknowledges having had communication, prior to placing his order, of these general conditions of sale and of all information relating to the products or services.

The CUSTOMER must follow steps to conclude the contract electronically in order to place his order:

  • information on the characteristics and properties of the Product;
  • choice of Product and quantities;
  • provision of the CUSTOMER’s essential contact details (identification, email, billing and delivery address, etc.);
  • confirmation and payment of the order.

The CUSTOMER is informed of any unavailability of the product ordered.

Confirmation of the order will entail formation of the sales contract and acceptance of the prices of the products available for sale.

The order is subject to an obligation of payment and full settlement of the amounts of the product and the delivery costs and fees. The phyconesia.ilm.pf site allows secure online payment with international credit card, through our payment provider.

Once the payment has been initiated by the CUSTOMER, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable.

By communicating his banking information during the sale, the CUSTOMER authorizes ILM to debit his card for the amount relating to the price indicated.

The CUSTOMER confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it.

The sale will be considered final after receipt by ILM of the full amount of the products and related costs.

 

In the event of an error, or the impossibility of debiting the card, the sale is immediately resolved as of right and the order cancelled.

For any other method of payment, please contact ILM at contact.phyconesia@ilm.pf

ILM provides the buyer with an order and payment confirmation by e-mail.

ILM reserves the right to refuse the order, made in bad faith or for any legitimate reason.

The French and English languages ​​are offered for the conclusion of the contract.

 

Transaction

The communications of the order, the details of the order, as well as of the invoices are carried out on a reliable, durable and secure medium, so as to constitute a faithful and durable copy in accordance with the applicable provisions.

This information can be produced as proof of the contract.

 

Price

Prices are indicated in euros (€) for each quantity of products purchased. The transport costs for the delivery from French Polynesia to the CUSTOMER’s address are added to the product price and are mentioned for the destination.

ILM reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.

Delivery & delivery times

All our goods and their packaging travel without exception at the CUSTOMER’s risk and peril.

The mode of transport, unless expressly requested by the CUSTOMER and accepted by ILM, will be chosen by ILM shipping department in compliance with the rules in force.

Delivery can only be made if the CUSTOMER is up to date with his obligations to ILM.

Our deliveries are scheduled goods delivered to the address indicated by the CUSTOMER.

The CUSTOMER must ensure the accuracy of the address. For the purposes of the proper execution of the order, the CUSTOMER undertakes to provide truthful identification elements. A destination address error will not entitle you to any refund.

The delivery times appearing on our quotes and in our correspondence are given as an indication. No penalty for fragmented delivery or late delivery can be applied to us, except special agreements duly signed. A delay in delivery cannot constitute either a reason for refusal or a reason for an action for damages. We are not liable in the event of force majeure or fortuitous events, or any event beyond our control that has the effect of preventing or delaying the shipment of our products.

In the event of damage noted, the CUSTOMER must exercise his recourse with the carrier.

 

 

Products reception

Shipments are deemed to be in good condition on departure from ILM.

The CUSTOMER cannot assert any defect due to the packaging if he has not made his reservations known in writing to the carrier.

The CUSTOMER must take charge of the goods delivered to him and provide a place and good storage conditions related to the requirements of the products.

Nevertheless, in the event of damage, missing items, upon receipt of the goods by the CUSTOMER, it is his responsibility:

–    to take clear and precise reservations, including the nature and extent of the damage on the carrier’s receipt,

–    to notify ILM and the carrier no later than five days (not including public holidays) following the date of delivery.

It will be up to the CUSTOMER to provide any justification as to the reality of the anomalies observed. These two conditions are both necessary for the implementation of the carrier’s liability.

 

Compliance with regulations, import, customs

The CUSTOMER must comply with all applicable statutory regulations, regulatory and official requirements and in particular all relevant import control and import regulations for his country of destination.

The CUSTOMER must ensure compliance with customs and biosecurity regulations upon arrival at destination.

The CUSTOMER must obtain all necessary authorizations, permits and licenses in a timely manner, and in particular those required for import and use of the product before receipt of the package.

The importation and customs fees and clearance are at the exclusive charge of the CUSTOMER.

 

Retention of title

Ownership of the goods sold will only be transferred to the buyer once full payment has been made.

In the event of non-payment on the due date of any amount owed by the CUSTOMER, ILM shall be entitled, after a first formal notice which has remained without effect, to immediately take back the goods delivered, and the CUSTOMER shall be required to return it on first request.

Although the transfer of ownership takes place only after payment of the full price, the risk of deterioration, loss or theft of the goods will be transferred to the purchaser upon delivery.

He must therefore take out all the necessary insurance to cover these risks.

In the event of safeguard proceedings, recovery, judicial liquidation of the buyer or any other collective proceedings and without payment having been made, ILM will have the right to claim ownership of the goods sold, considered fungible in accordance with Commercial rules.

 

Liability, Warranties

Our goods are neither taken back nor exchanged. Complaints regarding defects can only be taken into consideration if they are made immediately in writing form and no later than 5 days after the date of delivery.

Mention will then be made of the delivery date, the number of the delivery note and the designation of the product(s) concerned.

No return is accepted without prior agreement.

Our warranty is to replace goods that are found to be faulty or unusable due to a defect in material or workmanship. In case of impossibility of replacement, these goods will be refunded. We accept no liability where the goods have been improperly selected or used, or where damage is due to improper handling, improper use or storage.

We cannot be held liable for loss or damage caused by the use of our products. We are not directly or indirectly liable for any financial losses and claims brought by a third party resulting from the use of our products.

 

Data protection

ILM protects the CUSTOMER personal data, who has the right to access, modify and delete the personal data that they have communicated to us. The CUSTOMER may exercise this right by sending a written request to dpo@phyconesia.pf.

Data processing is done for the proper execution of the sales contract and the data is not subject to any transfer to third parties not authorized by the CUSTOMER.

After the transaction, your private information (credit cards, financials, etc.) will not be stored on ILM servers.

 

Intellectual property rights

Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of ILM. No transfer of intellectual property rights is made through these GTCs.

 

Place of jurisdiction

These general conditions of sale are subject to French and French polynesia laws which govern the relationship between ILM and the CUSTOMER.

After failure of any amicable conciliation, any dispute will fall under the jurisdiction of the Court of Papeete.