For laboratory research use only. Not for human or veterinary use.

Legal

Terms of sale

Glow Works · glowworks.com.au · Draft for legal review

1. Research use only

All products supplied by Glow Works are chemical reagents intended solely for in-vitro laboratory research and preclinical investigation by qualified persons. They are not for human or veterinary use, and are not for diagnostic, therapeutic, cosmetic, food or supplement purposes.

Products have not been evaluated for safety or efficacy in humans or animals. The purchaser must not administer, or permit the administration of, any product to any human or animal, and must not resell products for any such purpose.

2. Who may purchase

Purchasers must be at least 18 years of age, hold a registered Glow Works account, and be purchasing on behalf of a laboratory, academic or research institution, company or independent research programme, and be qualified to handle research chemicals.

These are warranties given by the purchaser, not credentials Glow Works verifies. Glow Works does not independently confirm a purchaser's age, organisation or qualifications, and relies on the declarations made at registration and at checkout. A purchaser who cannot truthfully give those warranties must not open an account or place an order.

Glow Works may refuse or cancel any order, and may close any account, at its discretion and without giving reasons.

3. Declarations and records

At registration the purchaser confirms that they are 18 or over, that they purchase on behalf of such an organisation, and that products will not be administered to any person or animal.

Each order additionally requires the purchaser to (a) acknowledge that the products are for research use only, (b) declare the purpose of use as lawful in-vitro research on behalf of an organisation, and (c) accept these Terms.

These declarations are recorded against the order together with the time they were made and the IP address they were made from. That record is kept as evidence of the undertaking given, and is retained as set out in the Privacy Policy.

4. Acceptance of orders

Placing an order is an offer to purchase, which Glow Works accepts when it confirms the order by email. Glow Works may cancel any order at its discretion, without giving reasons, at any time before dispatch, in which case any payment made will be refunded in full.

5. Pricing and payment

Prices are shown in Australian dollars and are confirmed from the catalogue at the time the order is submitted. Payment is taken at checkout and the order is confirmed once payment clears. Shipping charges and any applicable taxes are quoted before dispatch.

Payment is currently taken in cryptocurrency through a third-party payment provider. The price is fixed in Australian dollars; the provider quotes the equivalent amount in the chosen currency and that quotation expires after a short period. Glow Works does not receive or hold the purchaser's payment credentials.

If the amount received is less than the amount quoted, the order is not treated as paid. Glow Works will contact the purchaser to arrange either the balance or a return of the amount received.

Because a cryptocurrency payment cannot be reversed the way a card payment can, any refund is made by transfer to an address nominated by the purchaser, in the currency in which payment was made, unless otherwise agreed. Network fees and any movement in exchange rates between payment and refund are borne by the purchaser.

6. Delivery, storage and handling

The purchaser must supply a delivery address at which a person is able to receive and store research chemicals appropriately. The purchaser is responsible for compliance with all laws, regulations and institutional policies that apply to the receipt, storage, handling and disposal of research chemicals at their location.

Risk in the products passes to the purchaser on delivery. Title passes when payment has been received in full.

Glow Works may decline to ship to any destination. Where delivery outside Australia is agreed, the purchaser is responsible for confirming that import of the products is lawful at the destination and for any duties, taxes or permits required.

7. Documentation

Product specifications shown on the website are indicative only. Where a certificate of analysis has been issued for a lot, that certificate is the authoritative record for that lot and is available on request.

Certificates of analysis are not currently issued for every lot in stock. Glow Works will state on request whether a certificate is available for the lot being supplied.

8. Prohibited use and resale

The purchaser must not administer, or permit or assist the administration of, any product to any person or animal, including themselves.

The purchaser must not resell, supply or otherwise transfer any product to any person for administration to a person or animal, and must not repackage, relabel or represent any product as suitable for human or veterinary use.

Breach of this clause entitles Glow Works to cancel any outstanding order, close the purchaser's account and decline further supply.

9. Consumer guarantees

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that the Australian Consumer Law confers on the purchaser and that cannot lawfully be excluded, restricted or modified. Where such a guarantee applies, and Glow Works is entitled to do so, its liability for failing to comply is limited to replacing the goods, supplying equivalent goods, or paying the cost of doing so.

Clause 10 applies only to the extent it does not conflict with this clause.

10. Limitation of liability

Subject to clause 9, and to the maximum extent permitted by law, Glow Works excludes all liability for any loss or damage arising from the use of products other than in accordance with these Terms, and its aggregate liability in respect of any order is limited to the price paid for that order.

Glow Works is not liable for any loss or harm arising from administration of a product to a person or animal, which is prohibited by clause 1 and clause 8.

11. Changes to these Terms

Glow Works may change these Terms. The version published at the time an order is submitted is the version that applies to that order.

12. Governing law

These Terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of its courts.