CHEMICAL COLLECTIVE
General Terms & Conditions
Article 1. Definitions
1.1.Chemical Collective: Chemical Collective is a website and brand owned and operated by a Dutch company, governed by Dutch laws. All agreements, conditions and contracts set out below are with this company trading as Chemical Collective. Our full contact information, company and business details are listed in Article 14: Contact Information
1.2. Customer: the person who is not acting in a profession or for a company that enters into an agreement with Chemical Collective through the purchase of goods or services or by using the Chemical Collective website.
1.3. ‘General Terms’ means: all of the conditions mentioned below.
Article 2. Relevance / Execution
2.1. These General Terms and Conditions apply to all offers, agreements, deliveries, products and purchases from Chemical Collective, use of the website www.chemical-collective.com or the brand Chemical Collective unless explicitly mentioned otherwise in writing.
2.2. By purchasing any product from Chemical Collective, creating an account with Chemical Collective or using the website www.chemical-collective.com the customer agrees to these General Terms and Conditions.
2.3. If the customer includes provisions or conditions in its order that differ from, or do not occur in these conditions then those are only binding for Chemical Collective to the extent (if it all) that they are explicitly accepted in writing by Chemical Collective.
2.4. Chemical Collective is entitled to engage third parties in the execution of its contracts.
Article 3. Offers
3.1. If it appears that the information provided by the customer in the order or contract is incorrect, resulting in the inability to process or finalise the order during the offer period, Chemical Collective reserves the right to retract the offer and adjust the prices accordingly.
3.2. Chemical Collective reserves the right to retract, adjust or change any offers provided at any time to customers, either as a whole or as an individual.
Article 4. Prices
4.1. All prices include 21% VAT and other taxes which are imposed by the Dutch government.
4.2. All prices and offers on the website are subject to typographical errors and may be corrected or adjusted at any time by Chemical Collective. If payment has already been made by the customer at the incorrect price, Chemical Collective reserves the right to fully refund the customer and cancel the order.
4.3. Delivery costs are included in the final total price shown before payment unless otherwise specified. This is clearly stated during the order process on the website to the customer.
Article 5. Order Process, Terms of Payment & Shipping
5.1.The Customer must make payments to Chemical Collective in advance according to the methods shown in the order process unless otherwise agreed.
5.2.Chemical Collective has the right to terminate or suspend the contract or the incomplete portion without notice or judicial intervention, without prejudice to the right of Chemical Collective to demand compensation for any damage that might occur to him.
5.3. If the customer has accepted the offer electronically, Chemical Collective immediately confirms the receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the customer is able to terminate the agreement and order.
5.4.Chemical Collective will not process or complete the order until the payment from the customer has been received. Once payment has been received, the customer will be notified by email from Chemical Collective.
5.5.Chemical Collective offers various forms of payment options and platforms to its customers. When using these platforms, the customer enters in to an agreement and contract with the platform provider to process their payment with Chemical Collective as the recipient. This process, contract and agreement is not with Chemical Collective and Chemical Collective accepts no responsibility or liability for the payment process. If there are any issues and for support, please contact the payment platform and notify Chemical Collective as soon as possible.
5.6.Once Chemical Collective has received the customers payment from their chosen payment platform, Chemical Collective will process and send the order as soon as possible, usually within 1 working day. Our working days and hours are 9am – 5pm CET Monday to Friday, not including public holidays.
5.7.Chemical Collective reserve the right to adjust our working days and hours at any time. These adjustments will be communicated to our customers through our newsletter and on the Chemical Collective website.
5.9.All products are packaged and shipped either from The Netherlands, Czechia or Germany.
5.10.It is the customers full responsibility to ensure all products purchased are legal in their country and jurisdiction before ordering. Chemical Collective will not be held liable for the actions of our customers or breaking any laws outside of The Netherlands.
5.11.Chemical Collective reserves the right to withhold the sale and shipment of products to countries and jurisdictions at any point. We categorically do not ship chemical products to the UK, the USA, Sweden, Thailand, Denmark and Austria and only ship selective chemical products to all other countries based on their laws and restrictions. We ship merchandise, headshop and nootropics to all countries. We will not ship products to any country or jurisdiction where products are restricted, scheduled or illegal. Please check your local laws and regulations before attempting to place an order. Chemical Collective will contact and fully refund the customer if payment has been received for a product or order we cannot ship.
5.12.Once payment for a product has been received by Chemical Collective from a Customer, the customer now legally owns that product and accepts full responsibility for it. To fulfil the contract Chemical Collective is responsible to ship the customers goods to the address given by the customer by using the shipping service selected by the customer
5.13.Chemical Collective encourages customers to inspect the goods immediately upon receipt and report found defects directly via e-mail to Chemical Collective within 14 days. See: Article 10 complaints.
5.14.Chemical Collective does not accept returns due to the perishable nature of our goods.
5.15.If items are not in stock and delivery within usual delivery times is not feasible, Chemical Collective will get in touch with the customer to make them aware and offer to cancel / adjust the order.
5.16.Normal delivery time will not exceed 30 days within Europe and 45 days Worldwide. If the delivery takes longer than these delivery times, it is the customers responsibility to report this to Chemical Collective whereby Chemical Collective will investigate.
5.17. All goods remain property of Chemical Collective until the customer has fully completed the required payment, at which point the goods become the property of the Customer. Chemical Collective will then fulfill the contract by shipping the product using the shipment method as requested and paid for by the customer.
5.18. Once the products have left the possession of Chemical Collective and been shipped, any possible risk, hazard and issues of legality related to these products are transferred to the customer.
5.19.Chemical Collective will attempt to ensure that your package arrives quickly, safely and securely. All orders are carefully packaged and labelled to both protect the identity of the contents held within your package.
5.20.Once orders have been shipped by Chemical Collective and they enter the postal system, Chemical Collective can accept no responsibility for the speed in which your order is delivered once it’s within the postal system.
5.21.Chemical Collective offers two types of shipping services to our customers: Untracked and Tracked. Chemical Collective will not reship any lost orders shipped using untracked services. Chemical Collective offers 100% reshipping on orders shipped using tracked services if they have not arrived after 30 days within Europe and 45 days worldwide.
5.22.Chemical Collective does not reship orders that have been seized by Customs or Law enforcement agencies under any circumstances. It is your responsibility as the Customer to ensure that the products you purchase are legal in your country.
Article 6. Liability
6.1. This liability provision applies only to natural or legal persons who act in the exercise of a profession or business and enter into an agreement with Chemical Collective.
6.2. The total liability of Chemical Collective to customer for attributable shortcoming in the fulfilment of the agreement is limited to direct damages up to the amount of the in the contract agreed price (excluding VAT).
6.3. Liability of Chemical Collective to the customer for indirect damage, including consequential, lost profits, lost savings, loss of data and damage due to business interruption, is excluded.
6.4. Besides the cases referred to in article 8.2 rests on Chemical Collective to customer no liability for damages, regardless the ground on which compensation would be based. The maximum amounts referred to in Article 8.2, however, will not apply if and in so far as the damage is caused by intent or gross negligence of Chemical Collective.
6.5. The liability of Chemical Collective to customer due to attributable failure in the performance of a contract occurs only if client states Chemical Collective in failing immediately and properly in writing, stating a reasonable period to remedy the deficiency, after that period attributable continues to fail to fulfill its obligations. The notice must contain a detailed description of the failure, which enables Chemical Collective to respond adequately.
6.6. The condition for the existence of any right to compensation is that customer reports the damage in writing as soon as possible (within 48 hours) after the occurrence to Chemical Collective.
6.7. Customer indemnifies Chemical Collective for all claims for liability as a result of a defect in a product that is delivered by the customer to a third party and that consisted of goods, materials or results, delivered by Chemical Collective, except if and to the extent customer proves that the damage was caused by those goods, materials or results.
Article 7. Force Majeure
7.1. In case of force majeure Chemical Collective is not obliged to compensate the resulting damage or any losses to the customer.
Article 8. Complaints
8.1.If the delivered product does not comply with the agreement, the customer must notify Chemical Collective within 14 days after the discovery. If not, any claims towards Chemical Collective expires.
8.2. If Chemical Collective considers the complaint founded, the relevant products will be replaced or the order corrected after consultation with customer at no extra cost.
8.3. The maximum compensation is equal to the product amount ordered by customer minus the shipping.
8.4 In the case of lost goods – goods will not be considered lost within the normal maximum shipment times of 30 days within Europe and 45 days worldwide. We do not offer reshipments on Untracked postal services and offer 100% reshipments on Tracked postal services. We do not offer reshipments on orders seized by customs or law enforcement agencies.
8.5. Complaints do not suspend the obligations of customer as set out by these general terms and conditions
Article 9. This Agreement
9.1.The agreement is governed by Dutch law.
9.2. Provided that it is otherwise specified by mandatory rules all disputes that may arise following the agreement will be submitted to the competent court.
9.3. Partial invalidity: If a provision in these Terms and Conditions is found to be invalid, this will not affect the validity of the entire Terms and Conditions. Parties shall establish (a) new provision (s) as replacement, which to the extent to the original intent of the General Conditions is shaped.
Article 10. – Use of Products
10.1. All chemical products sold by Chemical Collective are intended only for laboratory research purposes and analytical use. They are strictly not for human or veterinary use, consumption or ingestion and are not to be used for any other purposes, including but not limited to: in-vivo diagnostic purposes, in foods, drugs, medicinal uses, cosmetics, for any commercial purposes or the production of illicit drugs.
10.2. Chemical products sold by Chemical Collective should be used only by technically-qualified individuals or those under their direct supervision in laboratories equipped according to the latest standards imposed by the International Union of Pure and Applied Chemistry. All Research should be conducted by a certified chemist (at least 18 years old) with a proper license. Any individual working directly with these products should read and understand the applicable Material Safety Data Sheet (MSDS) prior to use. Please contact our Customer Service department if you require copies of any MSDS for any of our products.
10.3.The Customer acknowledges that the products have not been tested by Chemical Collective for safety and the chemical, physical, and toxicological properties of these chemicals have not been fully investigated and are not guaranteed.
10.4.The Customer agrees that no products purchased from Chemical Collective shall be used to produce any products intended for commercial use or be repackaged, relabelled, re-sold or used as starting material or components of other products re-sold, either in its original form or under a different name.
10.5.The Customer accepts full responsibility to verify the hazards, proper handling and storage procedures for all products sold by Chemical Collective. Incorrect usage, handling or storage and outcomes that results in injury to the customer or damage to the products shall not be the responsibility of Chemical Collective.
10.6.Any customer of Chemical Collective declares to take full responsibility for any purchases (made now and in the future) of any product or service from Chemical Collective.
Article 11 – Legality
11.1.Chemical Collective makes no claims that the products offered may be lawfully purchased outside of the Netherlands. Purchasing the offered products may not be legal by certain persons or in certain countries. If you purchase the offered products from outside of the Netherlands, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
11.2.These Terms and Conditions are governed by the internal substantive laws of the Netherlands, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts within the Netherlands
11.3.If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
11.4.No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.
Article 12 – Website and Brand
12.1.The customer must not disclose or share usernames, passwords or coupon codes provided by Chemical Collective. Chemical Collective is not responsible for the abuse of usernames and passwords and may always assume that a customer who logs on our website actually is a customer of Chemical Collective. The customer must inform Chemical Collective if the customer has a suspicion that the username and password are entered by unauthorized parties. Chemical Collective has the right to take effective measures in such cases.
12.2.The customer agrees not to use the name of Chemical Collective, AlphaChain BV or its logo for any promotional, commercial, media or journalistic purposes, or any other purpose, without the prior written consent of Chemical Collective or AlphaChain BV
12.3.As a condition of your use of the Chemical Collective website www.chemical-collective.com, you warrant that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
12.4.You may not use the Chemical Collective website in any manner which could damage, disable, overburden, or impair said website or interfere with any other party’s use and enjoyment of the Chemical Collective website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Chemical Collective website. Any of these actions will be considered a malicious attack and reported and dealt with by the appropriate authorities.
12.5.Chemical Collective reserves the right, in its sole discretion, to terminate your access to the Chemical Collective website and the related services or any portion thereof at any time, without notice.
Article 13 – Hold Harmless Agreement
13.1.The customer hereby acknowledges the following: that the chemicals, products and/or supplies purchased may have hazardous properties; and that he/she is legally entitled to receive these materials. In consideration for the sale of the offered chemicals and/or supplies to the undersigned, the buyer agrees as follows:
13.2.Chemical Collective makes no warranties of any kind, express or implied, that the chemicals and/or supplies are merchantable or that they are fit for any particular purpose.
13.3.In no event shall Chemical Collective, or Chemical Collective heirs, staff, contractors and assigns, be liable for consequential damages, nor shall Chemical Collective’s liability on any claim for damages arising out of or connected with the sale, delivery, or use of the chemicals and/or supplies exceed the purchase price of the chemicals and/or supplies.
13.4.The customer will not use the chemicals and/or supplies in violation of any local, state, or federal law.
13.5.The original customer, successors and assigns, agrees to hold Chemical Collective harmless from and will indemnify Chemical Collective from damages caused by the use of the chemicals and/or supplies.
13.6.Chemical Collective warrants that its products shall conform to the description of such products as provided to the customer by Chemical Collective through the website, analytical data or other literature provided. Chemical Collectives warranties made in connection with this sale shall not be effective if Chemical Collective has determined, in its sole discretion, that the customer has misused the products in any manner, has failed to use the products in accordance with industry standards and practices, has failed to use the products in accordance to these terms and conditions or has failed to use the products in accordance with instructions, if any, furnished by Chemical Collective.
13.7.These conditions above apply equally to all current, past, and future purchases. This disclaimer applies to any damages 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 record, whether for breach of contract, negligence, or under any other cause of action.
13.8.You agree to defend, indemnify, and hold harmless Chemical Collective, its officers, directors, employees, contractors and agents, from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from your use of Chemical Collective services or your breach of the terms of these Terms and Conditions. In other words, you hereby acknowledge that any purchase shall be done completely at your own risk.
Article 14: Contact information:
If you, after reading our Terms and Conditions, have any questions, comments or complaints about these Terms and Conditions, please don’t hesitate to contact us at:
Chemical Collective
KVK: 76121712 / BTW: NL860515035B01
AlphaChain BV
Herenweg 64
Maarssen
3602 AR
The Netherlands
staff@chemical-collective.com
