§ 1, Scope and contractual regime. These General Terms and Conditions ("Terms") govern the rights and obligations arising from the purchase of goods offered in the online store molequa.com, operated by I.B Products s.r.o. ("Seller"). The Terms apply exclusively to contracts between the Seller and buyers who, when placing orders, act within their business or professional activity, typically for the purpose of in-vitro laboratory research, teaching in a laboratory setting, or analytical work. The relationship is governed by the Slovak Commercial Code (Act No. 513/1991 Coll. as amended), the Civil Code (Act No. 40/1964 Coll.) on a subsidiary basis for matters not addressed by the Commercial Code, and the specific regulations cited below. Consumer-protection provisions under Act No. 102/2014 Coll., § 52 et seq. of the Civil Code and other consumer institutes do not apply to these contracts. The Terms are published on molequa.com in a format that allows the Buyer to save and reproduce them for their own purposes.
§ 2, Key definitions.
- "E-shop" the online store operated by the Seller at molequa.com, including all language versions and sub-pages.
- "Goods" lyophilized peptides, chemical reference substances, and supporting laboratory material (e.g. bacteriostatic water, syringes, alcohol wipes) offered in the e-shop catalogue for the purpose of in-vitro scientific research.
- "Buyer" a registered legal entity or self-employed natural person aged 18 or older who, when concluding the Contract, acts within their business activity, employment or professional scientific-research activity.
- "Price" the purchase price of the Goods shown in the e-shop; VAT at the rate applicable in the country of delivery and shipping costs are added.
- "Order" the electronic form completed by the Buyer, the submission of which binds the Buyer to purchase the specified Goods.
- "Customer Account" an individual user profile created after successful registration, required to place an Order.
- "Contract" the purchase contract concluded between the Seller and the Buyer at the moment the Order is confirmed.
- "Confidential Information" all non-public data disclosed between the parties in connection with the Contract (individually negotiated prices, batch analyses, technical procedures, business strategies).
- "Force Majeure" exceptional circumstances beyond the parties' control preventing performance (natural disasters, war, epidemics, sanctions regimes, critical-infrastructure outages).
§ 3, Registration and Customer Account. Before placing the first Order, the Buyer must create a Customer Account by completing the registration form. At registration the Buyer provides accurate, current and complete data, trade name, company ID, tax ID (and VAT ID where applicable), billing address, shipping address, name and contact of the authorized person. The Seller is entitled to verify the data via public registers (Commercial Register, Register of Legal Persons, VIES for VAT-ID verification). The Buyer sets a password at registration and keeps it confidential, they are responsible for all actions taken under their account, including the submission of a binding Order. Any unauthorized access or password loss must be reported to the Seller at info@molequa.com without delay, no later than 24 hours after discovery. Data changes must be updated in the profile without undue delay. The Seller is entitled to suspend or cancel a Customer Account for incorrect data, inactivity over 5 years, or material breach of these Terms.
§ 4, Conclusion of the Contract. The display of Goods in the e-shop is an invitation to enter into a contract, not a binding offer, the prices, availability and description shown are informational and become binding only upon confirmation of the specific Order by the Seller. After the Order is submitted, the Seller sends an automatic acknowledgment of receipt to the Buyer's e-mail (this is not an acceptance of the offer). The Seller then verifies the availability of the Goods, the compliance with these Terms and the eligibility of the Buyer and, within a reasonable period, sends either (a) a binding Order confirmation which forms the Contract, or (b) a notice of non-acceptance with reasons. The Seller is entitled to refuse an Order with no claim by the Buyer for compensation, in particular if the Goods are not available in the requested quantity, on reasonable suspicion of misuse, on incorrect Buyer data, or if delivery would be in violation of applicable law.
§ 5, Price, payment, invoice. Prices shown in the e-shop are final and include VAT at the rate applicable in the country of delivery selected by the Buyer in the Order. Shipping costs are not included in the Price and are quoted separately before the Order is binding. For deliveries outside the EU, import duties and local taxes may apply and are borne by the Buyer. The Buyer chooses a payment method from those currently offered: (a) bank transfer to the account stated on the invoice, due 7 calendar days from Order confirmation; (b) secure online card payment via a payment gateway (Visa, Mastercard, Apple Pay, Google Pay), processed immediately. The invoice is delivered electronically within 5 business days of payment receipt; it contains all particulars required by Act No. 222/2004 Coll. on VAT. In the event of late payment, the Seller is entitled to statutory default interest under Government Regulation No. 21/2013 Coll. (8 percentage points above the ECB base rate) and a contractual penalty of 0.05 % of the outstanding amount per each commenced day. Debt-collection costs (legal fees, court and execution fees) are borne in full by the Buyer under Act No. 9/2016 Coll. The Buyer is not entitled to unilaterally set off any of their own claims against the Seller's Price claim. Until full settlement of all due claims, the Seller has no duty to deliver further Goods.
§ 6, Delivery of Goods. Goods are dispatched from a centralized EU warehouse, typically within 6 hours of payment receipt (for bank transfers, after the payment is identified by matching the variable symbol). Delivery times: Slovakia 1 to 2 business days (Packeta), Czech Republic 2 to 3 business days (Zásilkovna), other EU countries (DE, AT, HU, PL, NL, RO and others) 3 to 5 business days (Packeta International or courier). Shipments are packaged discreetly, no logos, no content references on the outer packaging. Lyophilized peptides are stable at room temperature for up to 30 days; brief temperature excursions up to 30 °C for no more than 48 hours have no effect on lyophilized-peptide stability. On receipt, the Buyer is required to: (a) inspect the integrity of the packaging and the quantity; (b) for visible damage, record a damage protocol with the carrier on the spot, without such a record, in-transit damage cannot be claimed afterwards; (c) confirm receipt on the delivery slip or the carrier's electronic confirmation. For shipments outside the EU, the Buyer is responsible for customs clearance, import duties and local taxes; if delivery fails due to customs restrictions, the Seller refunds the Price minus shipping and return costs.
§ 7, Title and transfer of risk. Title to the Goods passes to the Buyer only on cumulative fulfilment of: (a) full payment of the Price and all related costs, and (b) proper receipt of the Goods. The risk of damage or accidental destruction passes to the Buyer at the moment the shipment is handed over to the first carrier, or for personal collection at the moment of physical receipt. The Seller is not liable for damage occurring after the transfer of risk, improper storage at the Buyer's premises outside the prescribed conditions (2 to 8 °C, light protection, in the original packaging), damage during onward transport after receipt, or damage caused by third parties in the Buyer's sphere.
§ 8, Complaints and defect claims. The Seller is liable for defects in the Goods that existed at the time of risk transfer under § 7. Liability does not extend to defects caused by (a) improper storage at the Buyer's premises, (b) mechanical damage after receipt, (c) use contrary to instructions or to the declared purpose (in-vitro research), (d) natural forces or force majeure, (e) wear and tear from ordinary use. Complaint procedure:
- The Buyer notifies the defect in writing to info@molequa.com without undue delay, obvious defects (damaged packaging, incorrect quantity, visibly compromised product) no later than 2 business days from receipt; hidden defects (discovered after opening, e.g. reduced purity in HPLC re-test) no later than 30 days from delivery.
- The complaint includes: order number, batch, defect description, photographic documentation (for visible defects), and for analytical defects also the Buyer's own HPLC or MS analysis protocol.
- The Seller assesses the complaint within 10 business days of receipt and informs the Buyer about the resolution.
- Without the Seller's express instruction, the Buyer must not ship the Goods back, unauthorized re-shipping of complained Goods may damage them, with the Buyer bearing liability.
The Seller chooses the remedy based on the nature of the defect: delivery of replacement Goods from another batch, delivery of the missing quantity, a reasonable Price reduction, or withdrawal from the Contract with refund of the Price. For complaints that prove to be unfounded, the Buyer is obliged to reimburse the Seller's verification costs (including any external analysis) in the actual amount.
§ 9, Damages and liability cap. The Seller's liability for damages caused by breach of contractual obligations is capped at the Price of the specific Goods to which the breach relates, or at the total Price of the affected Order. The Seller is not liable for lost profit, indirect or consequential damages of the Buyer, in particular for loss of research data, extension of the research plan, loss of grant funds, or costs of repeating the experiment. These caps do not apply to the extent they would conflict with mandatory provisions of the Commercial Code, in particular for damages caused intentionally or by gross negligence of the Seller. For damages caused by use of the Goods contrary to the declared purpose, to these Terms or to applicable law, the Buyer bears sole liability, including for damages caused to third parties.
§ 10, Confidentiality. The parties undertake to keep confidential all Confidential Information obtained in connection with the Contract, in particular individually negotiated prices and discounts, technical specifications and analytical results of specific batches, business processes and strategies of the other party. The confidentiality obligation does not apply to information that (a) is or becomes publicly available without the party's fault, (b) the disclosure of which is required by law or by a decision of a public authority, (c) is shared with professional advisors (attorney, tax advisor, auditor) bound by statutory confidentiality. The obligation lasts 5 years after the contractual relationship ends; for trade secrets under § 17 of the Commercial Code and for personal data under the GDPR, for the period set by the relevant law.
§ 11, Personal data (GDPR). Processing of personal data of the Buyer and persons acting for the Buyer is governed by Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and Act No. 18/2018 Coll. The Seller processes personal data to the extent necessary for the conclusion and performance of the Contract (legal basis: Art. 6(1)(b) GDPR), for the fulfilment of statutory obligations in accounting, taxes and archiving (Art. 6(1)(c) GDPR), and for the Seller's legitimate interests in security and debt collection (Art. 6(1)(f) GDPR). Full information including retention periods, data categories, recipients and data-subject rights is published in the Privacy Policy at molequa.com/sk/ochrana-sukromia/. Contact e-mail for exercising data-subject rights (access, rectification, erasure, restriction of processing, portability, objection): gdpr@molequa.com.
§ 12, Duration and termination of the Contract. The Contract enters into force upon Order confirmation under § 4 and ends upon full performance of all mutual obligations, in particular delivery of the Goods, payment of the Price and expiry of the complaint periods. The Seller is entitled to withdraw from the Contract (a) for non-payment of the Price within the due date, (b) for any other material breach of the Terms by the Buyer, (c) if the Buyer breaches an obligation in a non-material way and remedy does not occur even within an additional period set by the Seller, (d) if it transpires that the Buyer's statements were untrue. The Buyer is entitled to withdraw only if the Seller is more than 30 calendar days late with delivery due to culpable breach of obligation and fails to perform even within an additional period of 7 calendar days set by the Buyer. Withdrawal is exercised in writing (e-mail to info@molequa.com or postal mail to the Seller's registered office), stating the reason. Withdrawal takes effect on the day the notice is delivered to the other party.
§ 13, Force majeure. A party is not in default and is not otherwise liable for non-performance or delayed performance of an obligation if such non-performance was caused by Force Majeure, an event beyond its control which it could not reasonably foresee at the time the Contract was concluded, nor avoid or overcome its consequences. The party affected by Force Majeure must immediately notify the other party of the impediment, its expected duration and its impact on performance. While Force Majeure lasts, the affected obligations are suspended. If Force Majeure lasts continuously for more than 90 calendar days, either party is entitled to withdraw from the Contract. Force Majeure does not include financial distress, staff shortages, ordinary supplier failures or normal market deterioration.
§ 14, Sanctions lists and export controls. The Seller does not deliver Goods to persons or destinations on the EU sanctions lists (Council Regulations on restrictive measures), OFAC (Office of Foreign Assets Control USA), the United Nations, or the Slovak sanctions lists (Act No. 289/2016 Coll. on the implementation of international sanctions). Some peptides may be subject to dual-use controls under Regulation (EU) 2021/821, for shipments outside the EU, the Buyer must demonstrate that the use does not fall within a controlled use. Before shipping to third countries, the Seller reserves the right to request an end-use statement from the Buyer. If the order is not compliant with the sanctions regime, the Seller is entitled to immediately cancel the Order with no claim by the Buyer.
§ 15, Disposal of unused material. Unused Goods after expiry or damaged Goods must be disposed of by the Buyer in accordance with Act No. 79/2015 Coll. on waste and its implementing regulations. After mixing with solvent, lyophilized peptides fall under the chemical-waste category "other hazardous waste" (waste codes 18 02 08 or 16 05 07 per the waste catalogue of Decree No. 365/2015 Coll.). Disposal is arranged by the Buyer at their own cost through an authorized entity. The Seller does not provide take-back of used or expired products.
§ 16, Communications and service. Communications between the parties are primarily electronic. Seller's notices are sent to the e-mail listed in the Buyer's Customer Account; Buyer's notices to info@molequa.com or gdpr@molequa.com (for GDPR matters). A notice is deemed delivered on the day of the receiving server's delivery confirmation or on the next business day after dispatch if delivery cannot be verified. Paper communications are sent to the address of the other party's registered office as recorded in the Commercial Register; a postal item is deemed delivered on the 3rd business day after handover to the postal service even if not collected by the addressee.
§ 17, Severability, language and governing law. If any provision of these Terms proves to be invalid, ineffective or unenforceable, the remaining provisions are not affected; the invalid provision is replaced by a provision that most closely corresponds to the parties' original intention and is valid. These Terms are drawn up in the Slovak language; in the case of translation into other languages for the Buyer's information, the Slovak wording is decisive. The Contract is governed by the law of the Slovak Republic, excluding conflict-of-laws rules. For any disputes, the general court of the Seller has jurisdiction under § 87 of the Civil Disputes Procedure (Act No. 160/2015 Coll.).
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