Terms & Conditions
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with www.bio-capsules.com website (the “Service”) operated by BioCastle Water Technologies (“us”, “we”, or “our”,”BioCastel”,”Seller”).
Please read these Terms and Conditions carefully before using the Service.
The Terms & Conditions will be implicitly applicable to all purchase orders. Unless specifically claimed by the buyer and accepted in writing by BioCastle, the Terms and Condition will be applicable to all transactions. General condition of buyer, if any, will not be applicable.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Prices
Prices mentioned in the BioCastle¹s Invoices/Product Enquiry or on the its web sites are subject to change without prior notice and prices ruling on the date of order will be applicable. Unless otherwise accepted in writing by BioCastle, prices mentioned in the Invoices/ Product Enquiry may or may not include shipping charges unless specified.
Delivery and risk
Stocked items will normally be shipped within 5 business days. Nonstock items will normally be shipped within 30 days from acceptance of orders. On buyers request BioCastle may provide necessary shipment services at the cost and risk of the buyers. Buyers shall take delivery without any delay. Loss or damage caused due to delay in taking delivery will be borne by the buyer.
International Shipping
The items for shipment to countries outside of Israel may be subject to taxes, customs duties and fees levied by the destination country (“Import Fees”). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees.
With respect to each item for which Import Fees have been calculated, you authorize BioCastle to designate a carrier (“Designated Carrier”) to act as your direct or indirect representative/agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, process and remit your actual Import Fees for such item.
You agree that the Designated Carriers may disclose to BioCastle the amount of actual Import Fees levied on the item you have purchased from BioCastle (“Actual Import Fees”)
To obtain details regarding the Actual Import Fees, or to obtain documentation or receipts in connection with customs clearance, you may contact the Designated Carrier specified in your shipment confirmation.
Privacy
Your privacy is important to us, and we know that you care about how information about your order is used and shared. We would like our international customers and customers shipping products internationally to be aware that cross-border shipments are subject to opening and inspection by customs and/or postal authorities.
Also, we may provide certain order, shipment, and product information, such as titles, to our international carriers, and such information may be communicated by the carriers to customs and/or postal authorities in order to facilitate customs clearance and comply with local laws.
Warranty
Seller warrants that its products shall conform to the description of such products as provided to Buyer by Seller through Seller¹s catalog, analytical data or other literature. THIS WARRANTY IS EXCLUSIVE AND SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Seller¹s warranties made in connection with this sale shall not be effective if Seller has determined, in its sole discretion, that Buyer has misused the products in any manner, has failed to use the products in accordance with industry standards and practices, or has failed to use the products in accordance with instructions, if any, furnished by Seller.
Seller¹s sole and exclusive liability and Buyer¹s exclusive remedy with respect to products proved to Seller¹s satisfaction to be defective or nonconforming shall be replacement of such products without charge or refund of the purchase price, in Seller¹s sole discretion, upon the return of such products in accordance with Seller¹s instructions.
SELLER SHALL NOT IN ANY EVENT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE OR FAILURE OF THE PRODUCTS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR LOSS OF USE, LOSS OF WORK IN PROGRESS, DOWN TIME, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS, LOSS OF PRODUCTS OF BUYER OR OTHER USE OR ANY LIABILITY OF BUYER TO A THIRD PARTY ON ACCOUNT OF SUCH LOSS, OR FOR ANY LABOR OR ANY OTHER EXPENSE, DAMAGE OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY SELLER¹S GROSS NEGLIGENCE.
Use of Products by Buyer
Seller¹s products sold online are intended primarily for research use only and unless otherwise stated on products not to be used for any other purposes including, but not limited, to in vitro diagnostic purposes, in food drugs, medical devices or cosmetics for humans or animals or for commercial purposes. Buyer acknowledges that the products have not been tested by Seller for safety and efficacy in food, drug, medical device, cosmetic, commercial or any other use, unless otherwise stated in Seller¹s literature furnished to Buyer. Buyer further warrants to Seller that any material produced with products from Seller shall not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act.
Buyer’s Representations and Indemnity
Buyer represents and warrants that it shall use all products ordered herein in accordance with paragraph “Use of Products by Buyer” above, and that any such use of products will not violate any law or regulation. Buyer agrees to indemnity and hold harmless Seller, its employees, agents, successors, officers and assigns, from and against any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that Seller may sustain or incur as a result of any claim against Seller based upon negligence, breach of warranty, strict liability in tort, contract, or any other theory of law brought by Buyer, its officers, agents, employees, successors or assigns, by Buyer¹s customers, by end users, by auxiliary personnel (such as freight handlers, etc.) other third parties, arising out of, directly or indirectly, the use of Seller¹s products, or by reason of Buyer¹s failure to perform its obligations contained herein.
Buyer shall notify Seller in writing within fifteen (15) days of Buyer¹s receipt of knowledge of any accident, or incident involving Seller¹s products which results in personal injury or damage to property, and Buyer shall fully cooperate with Seller in the investigation and determination of the cause of such accident and shall make available to Seller all statements, reports and tests made by Buyer or made available to Buyers by others. The furnishing of such information to Seller and any investigation by Seller of such information or incident report shall not in any way constitute any assumption of any liability for such accident or incident by Seller.
Return of Goods Supplied
Cancellation of a transaction will be in accordance with the Israeli Consumer Protection rules (Cancellation), Htsa”a -2010 and Consumer Protection Act, 1981.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Bio-Castle Water Technologies and its licensors. The Service is protected by copyright, trademark, and other laws of both the Israel and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Bio-Castle Water Technologies.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Bio-Castle Water Technologies.
Bio-Castle Water Technologies has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Bio-Castle Water Technologies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation Of Liability
In no event shall Bio-Castle Water Technologies, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Israel, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Force Majeure
If by reason of fire, accidents, war, strikes, lockouts, riots, civil commotion, Government prohibition or restriction or any other cause (whether or not of the same nature as the foregoing) beyond the control of either of the parties the Seller is prevented from or delayed or hindered in effecting despatch or making delivery of the goods or any part thereof at the times of places stated for delivery then a reasonable extension of time shall be granted. In any event the Seller shall not be liable in any way for loss or damage arising directly or indirectly through or in consequence of any such events or happenings.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.