Legal
Terms of service
The agreement between you and Ethereal Peptides covering use of this site and every order placed through it.
Draft prepared for review
This document was drafted as part of the site build. It has not been reviewed or approved by a licensed attorney, and it is not legal advice. It must be reviewed by qualified counsel in every jurisdiction Ethereal Peptides intends to sell into before the site goes live.
These Terms of Service (“Terms”) govern your access to and use of this website and all orders placed through it. By using the site or placing an order you accept these Terms in full. If you do not accept them, do not use the site.
These Terms incorporate our Research Use Only policy, our Prohibited Uses policy, our Returns and Refunds policy and our Privacy Policy. Where a conflict arises, the Research Use Only and Prohibited Uses policies prevail on any question of permitted use.
1.Definitions
- “We”, “us”, “our” — Ethereal Peptides, the operator of this site and the supplier of the Products.
- “You”, “Buyer” — the person or entity accessing the site or placing an order, including any organisation on whose behalf an order is placed.
- “Products” — the research chemicals and related items offered for sale on this site.
- “Lot” — a discrete manufacturing batch of a Product, identified by a lot code.
- “COA” — a certificate of analysis recording specified analytical tests performed on a Lot by a named laboratory.
- “Order” — a submitted request to purchase Products through the site.
2.Eligibility
You may use this site and place an Order only if you are at least 21 years of age, have the legal capacity to enter into a binding contract, and are able to give the warranties set out in our Research Use Only policy.
Where you place an Order on behalf of an organisation, you warrant that you are authorised to bind it, and both you and that organisation are bound by these Terms.
This site is not directed at, and may not be used by, anyone under 21. We may refuse service, request verification, or close an account at any time where eligibility is in doubt.
3.Research use as a condition of sale
Every Product is supplied for laboratory research use only. The Research Use Only policy is a condition of every sale, not a disclaimer attached to it. You must read it before ordering; the acknowledgement recorded at checkout confirms that you have, and that you agree to be bound by it.
Breach of that policy or of the Prohibited Uses policy is a material breach of these Terms and entitles us to the remedies set out below.
4.Ordering and order status
Orders are placed as a guest; there are no customer accounts and no password to hold. You are responsible for the accuracy of the information you give us, in particular the delivery address and the email address, which is the only route by which we can reach you about an Order.
You can check the status of an Order, and see tracking once it has shipped, from the order status page using your order number and that email address.
5.Orders and contract formation
A listing on this site is an invitation to treat, not an offer. Your Order is an offer to purchase on these Terms. No contract is formed until we accept the Order, and acceptance occurs when we dispatch the Products — not when the Order is submitted, acknowledged by email, or charged.
We may decline any Order in whole or in part, including after payment has been taken, and will refund any amount charged for a declined Order in full. Grounds for declining include stock availability, a failed verification check, a destination we cannot lawfully serve, a suspected breach of the Research Use Only or Prohibited Uses policies, an obvious pricing or description error, and any circumstance in which supply would be unlawful.
Orders may be amended or cancelled before dispatch by contacting order support. After dispatch, the Returns and Refunds policy applies.
6.Pricing and payment
Prices are shown in United States dollars, exclusive of taxes, duties and shipping unless expressly stated otherwise. Applicable charges are calculated and displayed at checkout before you commit.
Quantity tiers, where offered, apply automatically at the qualifying quantity. Prices may change without notice, but the price applicable to an Order is the price displayed at checkout when the Order is submitted.
Accepted payment methods are those displayed at checkout and may change. All are settled outside this website: no card details are taken and no payment is collected by the site itself.
Payment is made after the Order is placed, not during checkout. Instructions are shown on the confirmation screen and emailed to you. Payment must be received within 24 hours of the Order being placed. An Order that is unpaid after that window is cancelled automatically and the stock is released. Nothing is dispatched before payment is received and confirmed by us.
A discount is applied for certain payment methods, calculated on the merchandise subtotal only and never on shipping or tax. The rate for each method is shown at checkout before you commit, and the discounted total shown there is the amount to pay.
Where a payment is reversed or otherwise fails after dispatch, the amount becomes immediately payable and we may recover the debt.
Where a Product is listed at a manifestly incorrect price we may cancel the Order and refund in full even if it has been accepted; we are not obliged to supply at the erroneous price.
7.Availability, lots and substitution
Stock is finite and shown on a best-efforts basis. Where a Product becomes unavailable after an Order is placed we will contact you to arrange a partial dispatch, a substitution you approve, or a refund of the affected line.
We do not substitute one compound for another, and we do not substitute a different variant or strength without your express agreement. Where the Lot supplied differs from the one displayed at the time of ordering, the Lot actually supplied is stated on the packing slip and its COA is published in the certificate library.
8.Delivery, title and risk
Dispatch windows, services, rates and claim procedures are set out on our shipping page, which forms part of these Terms. Delivery estimates are estimates, not guarantees, and time is not of the essence.
We ship within the United States only. Checkout will not accept a delivery address outside the US.
Title to and risk in the Products pass to you on delivery to the address you specified, or to a person at that address who accepts the parcel.
You must provide a complete and accurate delivery address capable of receiving research chemicals. We are not responsible for Products delivered to an address you entered incorrectly.
9.Export, import and sanctions compliance
You must not order, receive, use, export or re-export any Product in breach of applicable export controls, sanctions or trade restrictions, and you warrant that you are not a restricted party and are not acting for one.
We may refuse or cancel any Order, and withhold dispatch pending a screening or licensing outcome. Where a destination cannot lawfully be served, the Order is cancelled and refunded in full.
10.Product information and certificates
Product information — specifications, chemical identifiers, research summaries and literature references — is provided for informational purposes to a research audience. It describes published scientific literature and analytical properties, and it does not describe any outcome in a person or an animal.
COAs record specified tests performed on a specified Lot by a named third-party laboratory. They are not approvals, safety findings, fitness-for-purpose determinations, or warranties beyond the tests they name. Their limits are set out at Testing & COAs.
We take care to keep this information accurate but do not warrant that it is complete, current or error-free, and images are illustrative. Where an error is material to an Order, your remedy is cancellation and refund under the Returns and Refunds policy.
11.Returns and refunds
Because the Products are research chemicals whose integrity cannot be verified once they have left our control, returns are limited to the circumstances set out in the Returns and Refunds policy, which forms part of these Terms. Nothing in that policy affects a statutory right you hold that cannot lawfully be excluded.
12.Warranties and disclaimer
We warrant that, at the time of dispatch, each Product:
- corresponds to the description and identity stated on its listing;
- meets or exceeds the purity floor stated for that Product, as established by the analytical methods named on the applicable COA; and
- is accompanied by accurate lot identification and a published COA for the Lot supplied.
That is the entirety of what we warrant. To the fullest extent permitted by law, and except as expressly stated above, the Products and this site are provided “as is” without warranty of any kind, express or implied, including any implied warranty of merchantability, satisfactory quality or fitness for a particular purpose.
We give no warranty whatsoever that any Product is safe, effective, suitable or lawful for use in or on a human being or an animal, and no such use is authorised under any circumstances.
13.Limitation of liability
Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded.
Subject to that, and to the fullest extent permitted by law: we are not liable for indirect, incidental, special, consequential or punitive loss, nor for loss of profit, revenue, data, research results, instrument time, publication opportunity or business interruption, however arising; and our total aggregate liability arising out of or in connection with an Order is limited to the amount you paid for the Products giving rise to the claim.
We are not liable for loss arising from use of a Product contrary to the Research Use Only or Prohibited Uses policies, from storage or handling after delivery, or from your failure to hold any approval, licence or permit your work requires.
14.Indemnity
You indemnify and hold us, our officers, employees and suppliers harmless against all claims, demands, proceedings, losses, penalties, fines and costs (including reasonable legal fees) arising out of or in connection with: your breach of these Terms or of the Research Use Only or Prohibited Uses policies; any use of a Product in or on a human being or an animal; your resale, repackaging or onward transfer of a Product; your importation of a Product; and any misrepresentation you make to us or to a third party about a Product or its documentation.
15.Acceptable use of the site and intellectual property
You must not:
- use the site for any unlawful purpose or in breach of these Terms;
- attempt to gain unauthorised access to any part of the site, account or system;
- scrape, harvest or systematically extract content, including certificate data, other than through ordinary use of the site;
- introduce malware, or take any action imposing an unreasonable load on our infrastructure;
- submit false, misleading or fraudulent information, including a false research-use acknowledgement.
All content on this site — text, design, photography, marks and the arrangement of the catalogue and certificate library — is owned by or licensed to us and protected by intellectual property law. You may not reproduce or republish it without our written permission, except that a COA may be reproduced in full and unaltered for legitimate research documentation purposes.
16.Suspension and termination
We may suspend or terminate your access to the site, refuse or cancel any Order, and close any account, without notice, where we believe on reasonable grounds that you have breached these Terms or either compliance policy, where supply would be unlawful, or where verification of your Order or eligibility fails.
Termination does not affect accrued rights or obligations. The provisions on warranties, liability, indemnity, intellectual property and governing law survive it.
17.Events outside our control
We are not liable for delay or failure to perform caused by an event beyond our reasonable control, including carrier disruption, customs action, supplier or laboratory failure, industrial action, natural events, epidemic, war, terrorism, sanctions, or failure of utilities or communications networks. Where such an event materially affects an Order we will contact you to agree a revised timescale or to cancel and refund the affected lines.
18.Privacy
Personal information is handled in accordance with our Privacy Policy, which explains what we collect, why, how long we keep it, who it is shared with, and the rights available to you.
19.Governing law and disputes
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, and the courts of that state have exclusive jurisdiction.
Where you contract as a consumer in a jurisdiction whose law grants you rights that cannot be excluded by agreement, nothing here removes those rights or your ability to bring proceedings in your local courts where the law so provides.
Before commencing proceedings, both parties agree to attempt in good faith to resolve the dispute by contacting the other and allowing thirty days for a response.
20.General
- Entire agreement. These Terms and the policies they incorporate are the entire agreement between us on their subject matter and supersede any prior understanding.
- Severability. If a provision is held unenforceable it is severed and the remainder continues in force.
- No waiver. A failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign your rights without our written consent; we may assign ours on a transfer of the business.
- Third parties. No person other than you and us has any right to enforce these Terms.
- Changes. We may amend these Terms. The version in force when an Order is placed governs that Order, and continued use of the site after a change constitutes acceptance of the amended Terms.
21.Contact
Questions about these Terms should be directed to the compliance route on our contact page. Questions about an existing Order should go to order support, which answers faster.