Terms and conditions

These terms and conditions (the “Terms”) set out the basis on which BacLab (“we”, “us”, “our”) supplies the products listed on this website (the “Site”) to you. They apply to every order you place, to the exclusion of any other terms you seek to impose.

By placing an order you confirm that you have read, understood and accept these Terms and the product disclaimer. Please save or print a copy for your records; we do not file a copy of the contract on your behalf. These Terms are available only in English, and the contract will be concluded in English.

Our details

Contact

[email protected], or see our contact page.

By placing an order you represent and warrant that:

• you are at least 18 years old and have legal capacity to enter a contract;
• where you order on behalf of a business or institution, you are authorised to bind it, and it — not you — is our customer;
• the information you give us, including your name and delivery address, is accurate and complete; and
• you will use the product only as described in clause 3 and in the product disclaimer.

We do not knowingly sell to anyone under 18. We may refuse, limit or cancel any order at our discretion, including where we have reasonable grounds to believe an order is fraudulent, is for resale without our consent, or is intended for a use we do not supply the product for.

We sell Bacteriostatic Water in a 10ml vial. Sterile water with 0.9% w/v benzyl alcohol (9 mg/mL) as a bacteriostatic preservative, in a sealed multi-dose vial. It is supplied as a laboratory reagent: a sterile diluent and solvent, used to reconstitute or dilute substances for laboratory and research purposes.

The product is not a medicine, is not a medical device, and is not supplied for administration to humans or animals. It is not authorised under the Human Medicines Regulations 2012, is not CE/UKCA-marked under the Medical Devices Regulations 2002, and is not a food, cosmetic or supplement. We make no therapeutic, diagnostic, preventative or nutritional claim of any kind, and nothing on the Site should be read as one.

You are solely responsible for determining whether the product is suitable for your intended purpose, for the competence of the people who handle it, and for complying with every law, regulation, licence and institutional rule that applies to your use of it. If you are in any doubt, do not order. The full position is set out in the product disclaimer, which forms part of these Terms.

1. The listings on the Site are an invitation to treat. They are not an offer to sell and we are not obliged to accept any order.
2. Your order is an offer to buy on these Terms. Before submitting it you can review and correct it on the checkout page.
3. Any acknowledgement we send confirms that we have received your order. It is not acceptance of it.
4. The contract is formed only when we send you a dispatch confirmation. Until then no contract exists between us, whether or not payment has been taken.
5. If we cannot accept your order — because the product is out of stock, because a price or description was wrong, because we could not authorise payment, or for any other reason — we will tell you and refund any sum paid in full. That refund is the limit of our liability in those circumstances.

A single order may contain no more than 10 units of any one bundle. For larger volumes, please contact us before ordering.

Prices are in pounds sterling and are those displayed on the Site at the time you place your order. The current single-vial price is £7.50. Any charge additional to the product price is shown to you at checkout before you commit to pay; you will never be charged a sum you have not seen first.

Payment is taken in full at the time you place your order, by card, Apple Pay or Google Pay, on Stripe’s own hosted checkout page. Your card details are entered on Stripe’s page and are never transmitted to, or stored by, us. Your bank may apply its own authentication step, and we cannot complete an order it declines.

We take reasonable care over pricing, but errors occur. If the correct price at the date of your order is higher than the price stated, we will contact you for instructions before dispatching. If a pricing error is obvious and could reasonably have been recognised by you as a mis-pricing, we may cancel the order, refund you in full, and no contract will arise.

Risk in the product passes to you when it is delivered to the address you gave us, or to a person you nominated to take delivery. Ownership passes when we have received payment in full.

Unless we agree a longer period with you, we will pass the product to the carrier without undue delay and in any event within 30 days of the date the contract is formed, as required by the Consumer Rights Act 2015. If we do not, you may treat the contract as at an end and we will refund you in full.

Once the product has been delivered, storing and handling it correctly is your responsibility. We are not liable for deterioration caused by storage or handling after delivery.

If you are a consumer you have a statutory right to cancel a distance contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and separate statutory remedies under the Consumer Rights Act 2015 if the product is faulty, damaged or not as described.

How to exercise those rights, the exception we rely on for sealed goods, and how and when we refund, are set out in full in our returns and refunds policy, which forms part of these Terms. Nothing in these Terms or in that policy limits your statutory rights.

You agree that you will not:

• administer the product to any human or animal, or supply it to anyone you know or suspect intends to do so;
• represent, in any forum, that the product is a medicine, a medical device, or suitable for any therapeutic, diagnostic or clinical purpose;
• resell, repackage, relabel, decant or otherwise distribute the product without our prior written consent, or in breach of any law that applies to you;
• use the product for any unlawful purpose, or in breach of any licence or permit;
• remove, obscure or alter any labelling, batch identifier, expiry marking or safety information; or
• fail to store, handle and dispose of the product and its packaging in accordance with the product labelling and applicable waste rules.

If you are a business customer, you indemnify us against all liabilities, costs and reasonable legal fees we incur arising from your breach of this clause. This indemnity does not apply to consumers.

We grant you a limited, revocable, non-exclusive licence to view the Site for the purpose of considering and placing an order. All content on the Site — text, layout, graphics, photography, the BacLab name and logo — is owned by us or our licensors and is protected by copyright and trade mark law. You may not reproduce, republish or exploit it commercially without our written consent.

You must not:

• scrape, harvest, systematically download or mirror any part of the Site, or use it to build any product, dataset or model;
• attempt to gain unauthorised access to the Site, its servers, or any account, or introduce any malicious code; or
• interfere with the availability of the Site, including by any denial-of-service or automated request flooding.

Content on the Site is general information about what we sell. It is not scientific, medical, legal or professional advice, and must not be relied on as such. We may change, suspend or withdraw the Site, or any part of it, without notice.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for defective products under Part I of the Consumer Protection Act 1987, or for any other liability that cannot lawfully be excluded or limited.

If you are a consumer

We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. Loss or damage is foreseeable if it is obvious that it will happen, or if it was contemplated by both of us at the time the contract was formed. We are not responsible for unforeseeable loss or damage, nor for any business loss — we supply to consumers for private use, and if you use the product for any commercial, business or resale purpose we have no liability to you for loss of profit, loss of business, business interruption or loss of business opportunity.

If you are a business customer

Subject to the paragraph above, our total liability to you arising under or in connection with a contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the price you paid for the products giving rise to the claim. We are not liable for loss of profit, loss of sales, revenue or business, loss of or corruption of data, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss.

Use outside the intended purpose

We accept no liability of any kind for loss, injury or damage arising from use of the product otherwise than as described in clause 3 and the product disclaimer — including, without limitation, any administration of the product to a human or an animal.

We are not liable for any failure or delay in performing our obligations where that failure or delay results from an event beyond our reasonable control, including carrier failure or industrial action, supplier or manufacturer failure, epidemic, flood, fire, extreme weather, act of terrorism, war, failure of public or private telecommunications networks, or an act or restriction of any government or public authority. If such an event occurs we will contact you as soon as we can. If it continues for more than 30 days, either of us may cancel the affected order and we will refund you in full.

If something has gone wrong, please tell us first — most problems are resolved quickly. Contact details are on our contact page. We aim to acknowledge every complaint within 2 working days and to resolve it within 14 days, telling you if it will take longer and why.

If we cannot resolve your complaint between us, you may be able to refer it to an alternative dispute resolution provider, or to take court proceedings. We are not obliged to use, and do not currently subscribe to, any ADR scheme. Referring a complaint to ADR does not affect your right to bring a claim in court.

We use the personal information you give us to process your order, to take payment, to deliver the product, and to meet our record-keeping obligations. How we do that, the lawful bases we rely on, who we share the information with, and the rights you have over it, are set out in our privacy policy.

We may amend these Terms from time to time. The version that applies to your order is the version published on the Site at the moment you place it, so an amendment never changes the terms of an order you have already placed. Please re-read this page before each order.

1. Entire agreement. These Terms, together with the pages they expressly incorporate, are the entire agreement between us in relation to their subject matter, and replace any earlier statement or understanding. Nothing in this clause limits liability for fraudulent misrepresentation.
2. Severance. If any provision is found to be unlawful or unenforceable, it is severed and the remaining provisions continue in force.
3. No waiver. A delay in enforcing any provision is not a waiver of it, and does not prevent us enforcing it, or any other provision, later.
4. Assignment. We may transfer our rights and obligations to another organisation, and will tell you in writing if we do; your rights under the contract will not be affected. You may not transfer your rights or obligations without our written consent.
5. Third parties. A person who is not a party to the contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
6. Notices. Notices under these Terms may be given by email to the address you supplied at checkout, or to our contact address, and are treated as received on the next working day after sending.

These Terms, their subject matter and their formation are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. If you are a consumer living in Scotland or Northern Ireland, you may also bring proceedings in the courts of the country in which you live, and the mandatory consumer protection law of that country continues to apply to you.