PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING OUR SITE.

If at any time you do not accept any part of these Terms & Conditions, you must immediately stop using the Site.

These Terms & Conditions apply to all orders of products sold on this Site by WHC Lab Limited, (the “Seller” or “We” or “Us”).

 Any modification to these Terms & Conditions will become effective at once after publication on the Site and will regulate all the subsequent sales of products.

1. Customers

You may order on the Site for professional use only.

The statutory right to cancel a purchase without providing any justification (also known as ‘cooling off period’) applies exclusively to orders of products made by consumers. You acknowledge that you are purchasing Products for professional use in the ordinary course of your business and you are therefore not considered a ‘consumer’. Accordingly, you agree that you are not entitled to avail of a ‘cooling off period’.

When submitting an order, You are required to provide us with personal information, including but not limited to company name, first name, surname, email address, billing, delivery address, etc. All such information must be true, accurate and updated. All information obtained will be processed in accordance with our data protection obligations. Please refer to our ‘Privacy Policy’ here https://whclab.com/privacy-policy/?v=25400724d737 for further details.

Products sold on the Site are not meant for resale and WHC lab shall have no liability to any party to whom the products are re-sold.

 2. Product information

All information about the Products published on the Site is for descriptive or promotional purposes only (“Product information”).

Despite a strong commitment to ensure that Product information is always accurate and updated, we do not accept any responsibility for the correctness, completeness or timeliness of Product information, including, for example, descriptions of Products, services, prices and/or indications of availability.

The look and the colours displayed on the Site depend on the settings of the device used to access the Site. We cannot ensure that your device will display colours of the images correctly as posted on the Site.

The Site may, temporarily or permanently, modify or remove some of the Products and/or services, or change the Product prices, without giving any notice to users about the fulfilment of these changes.

 3. Orders

 Prior to completing an order, you are asked to:

1. Review the purchase details at checkout.

2. Accept explicitly these Terms & Conditions by ticking the relevant checkbox; and

3. Submit the order electronically to the Site.

 

Upon receiving the order, we will send you an order summary by email to acknowledge receipt of the order.

The submission of the order summary does not imply acceptance of the order by Us. The order summary is only meant to communicate that your order has been received.

You should verify that all information indicated in the order summary is correct, including but not limited to all details concerning the products, the delivery address, and all personal information in general. If any information in the order summary is not correct or accurate, You must promptly inform Us by using the email address orders@whclab.com. All information obtained will be processed in accordance with our data protection obligations. Please refer to our ‘Privacy Policy’ here https://whclab.com/privacy-policy/?v=25400724d737 for further details.

You are also encouraged to store an electronic copy of the order summary and to refer to the unique identifying number included in the order summary if you wish to contact Customer Services.

All orders are subject to our availability in stock and acceptance.

If only part of the products ordered is available, we will promptly contact You by email to verify Your interest in the fulfilment of:

 a) a partial order;

b) a full order but in multiple shipments; or

c) your intention to cancel the full order.    

An order can be deemed as accepted, and the relevant contract of sale completed, only when We dispatch the products and submit a dispatch confirmation to You by email.

Until that moment, we hold the right to refuse an order at our sole discretion, including but not limited to the following circumstances:

 • shipment of parcels to the delivery address in the order is restricted, impossible, or extremely difficult;

• the product is no longer in stock.

Despite our best effort to maintain the product offer updated on the Site, it may unintentionally happen that the Site shows available products that are unavailable at that moment.

We cannot be held liable towards You or any third-party by reason of withdrawing any product from the Site after an order or refusing to accept an order.

We undertake to inform You promptly when a decision not to accept your order is made. Any payment made with respect to an order that has not been processed will be quickly refunded to you via the same payment method used for the order.

4. Prices

All prices of Products, shipping charges, Sales Tax and other costs debited to You and published on the Site are expressed in the currency specified.

Unless specifically stated otherwise, all shipping charges on an order will be debited in full to You. The shipping charge amount will first be calculated and shown at checkout.

The full purchase price will be repeatedly shown at checkout, in the order summary and in the purchase confirmation.

In the event of any error or mistake in the Product prices published on the Site, we retain the right to modify the relevant purchase prices at any time. Incorrect prices will not be binding for Us or You in any case, even after you have received the order summary.

We are under no obligation to accept or execute any order for Products published at an incorrect price and reserve the right to refuse or cancel the order before you have received the purchase confirmation.

PLEASE BE ADVISED THAT YOU ARE RESPONSIBLE FOR ANY CUSTOMS, DUTIES, TARRIFFS THAT MAY BE APPLICABLE AS A CONSEQUENCE OF SHIPMENT TO YOUR JURISDICTION AND WE HAVE NO LIABILITY IN THIS REGARD.

5. Payment Options

 You can use one of the payment methods made available on the Site.

 01) Credit or Debit Card via Stripe

02) Paypal;

03) Any other method of payment as may be separately agreed between You and Us. 

The transactions will be debited to You only once the order has been accepted.

However, security checks to prevent insolvency or fraud may take place, or an authorization hold may be carried out to verify that the payment method used is legitimate, active, and available for payment.

We do not directly process any financial information belonging to You and use a primary payment gateway to authorize payments.

If, for any reason, after one or more attempts, it is impossible for an issue on your side to debit the amount, the order will be cancelled.    

You agree that if We enter into a separate credit arrangement with You, that title to the Product shall not pass to you until payment is made and that any outstanding payments or amounts which are not made in accordance with the credit agreement shall be subject to 2.5% compound interest until such payments are made.

6. Shipping

Orders are delivered to You by using a major courier service.

You can easily track the shipping progress of your orders on the courier’s website by using the unique tracking reference number sent to You by email after the dispatch of the order.

We are strongly committed to completing each order in the most efficient and seamless way. Nonetheless, any estimated delivery time indicated in the order summary should be used as a guideline only. The estimated delivery time starts from the date of dispatch. Any delay in dispatch will be promptly notified to You by email.

Please note that any requests for same day dispatch must be received by 13:00 (GMT) in order to be processed and that an option of same day dispatch will not be available on Bank Holidays. 

We accept no liability for any delay in delivery that is not due to our negligence, including but not limited to, force majeure, customs clearance processes, strikes, natural disasters, any other fact pertaining to the supply of courier services or any other circumstance outside of our control.

You should plan to be available to receive the products without any undue delay.

In the event of a first unsuccessful delivery attempt, the courier will notify You to rearrange delivery. If all delivery attempts have failed, the courier will return the package to Us and You are encouraged to contact us immediately for further instructions by email.

In case we will be unable to fulfil delivery because of a reason strictly connected to you (e.g., wrong address in the order, your unavailability to receive the parcels, etc.), you will be contacted to agree on a second shipment or, alternatively, the cancellation of the order. In both circumstances, additional charges may apply for this second shipment and/or for the costs borne to return the first shipment.

You are responsible for all shipping, insurance, and related charges, and all risk of damage or loss to the products shall pass to You upon tender by Us to the courier service. Title to the products shall pass to You upon delivery of the products to the courier service. We accept no liability for any damage or defect caused during delivery and You liaise with the courier company if any such issues arise. Please see links to our nominated couriers terms and conditions https://shipping.dpd.ie/tracking/ and https://www.fedex.com/en-gb/tracking.html 

Delivery time for all commercial orders outside of Ireland will depend on the country and customs. Tracking information will be emailed upon shipping.

It is your responsibility to understand and account for the environmental factors in the area of delivery taking into account the fact that the products are living, microbiological products which are subject to environmental conditions.

We accept no liability for products subjected to non-ideal environmental conditions at any point after the package has been delivered by the courier.

It is your responsibility to ensure the package will be secured from theft upon delivery. If no one will be available to accept the product(s), it is your responsibility to prevent potential theft or vandalism by using the tracking information provided to have the product(s) held for pickup or re-delivered on a day in which you will be able to accept it. We accept no liability for products that have been subjected to vandalism or theft after the package has been delivered by the courier.

7. Vouchers and discounts

During marketing campaigns, we may issue vouchers and discount codes for use on the Site.

Vouchers and discounts cannot be cumulated with other vouchers and discounts or with other promotional initiatives.

Vouchers and discount codes cannot be refunded.

8. Intellectual property

All trademarks, trade names, brands, logos, images, text, product names, descriptions and other content displayed on the Site and the copyrights, trademarks, trade dress and other intellectual property in such materials (collectively, “Contents”) are the exclusive property of WHC Lab or its corporate group, its licensors or content providers (collectively, “WHC”).

Unless clearly stated otherwise, these Terms & Conditions do not confer any right to You or third parties to use any Contents published on the Site.

Nobody may modify, copy, publish or otherwise exploit any Contents without the prior written consent of WHC or of the relevant content owner.

9. Third-party content

The Site may include content created by third parties and/or links to other sites or web pages managed by third parties (collectively, "Third-Party Content").

As a user You acknowledge and agree that WHC bears no responsibility for any information, content, products, services or any other material on any third-party website or platform, and that links to third-party sites do not represent an endorsement or approval of any Third-Party Content.  

We do not control or monitor any Third-Party Content, does not assume any responsibility for its accuracy, security or reliability and cannot guarantee that such Third-Party Content is free of malfunctions, viruses or other features that could damage data and/or property of users.

You are liable for any loss or damages you may incurs arising out of or related to the access, use, reliance on any Third-Party Content on your part.

10. Defective products

We guarantee that the products are not defective or flawed and conform to the product description given on our Site. This guarantee is not extended to ingredients not manufactured or supplied by the Seller in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer or supplier to the Seller.

For technological reasons, we cannot guarantee that the monitor display of colours will be accurate. Minor differences between the product description on the Site and the actual product features should not be deemed to lead to any non-conformity of the product for the purposes of the Terms & Conditions. 

You shall check the Goods thoroughly forthwith upon delivery or as soon as reasonably practicable thereafter and any claim by you which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by You) be notified to Us within 30 days of the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defects or failure. If delivery is not refused and You do not notify Us accordingly You shall not be entitled to reject the Goods and in no event shall You be entitled to reject the Goods on the basis of any defect or failure which is so slight that it would be unreasonable for You to reject them.

If replacement is impossible or disproportionate, or if we have not remedied the shortcoming within a reasonable period or without major inconvenience, You are entitled to an appropriate price reduction, a full refund or credit note. 

You may submit a claim for a defective or non-conforming product and return it to us after receiving our authorization. You are required to contact the Customer Service to agree on the modalities of the return at this email address: orders@whclab.com

You are requested not to ship any product back to us unless You have already agreed with the Customer Service the procedure for the product return.

Every Product must be returned in the original packaging. It must not show any signs of use, scratches or be altered in any way and the product must be returned in the same condition it was shipped in and in the original packaging. If these conditions are not met, the right to cancel the order may be forfeited. 

11. Storage and Use instructions for Yeast, bacteria and Enzyme products. 

Purchasers of yeast, bacteria and enzyme products produced or supplied by WHC should comply with the following instructions and restrictions: 

1. Maintain storage of yeast, bacteria and enzyme products in consistent refrigerated conditions to comply with the product labels or product documentation.

2. Maintain adherence to Best Before dates. 

3. Discard any yeast, bacteria and enzyme products that are beyond their Best By Date, have been damaged or have arrived in an unsuitable condition. 

4. The remedies described herein do not apply to re-pitched yeast, bacteria and enzyme products for commercial brewing purposes or yeast, bacteria and enzyme products not propagated directly by WHC. WHC makes no warranties for repitched yeast, bacteria and enzyme products. WHCLAB yeast product are designed for direct pitch usage and for a single fermentation as directed by the specification sheets. Any reuse of the product beyond a single fermentation entirely at Your risk and WHC will not be held liable for any performance or microbiological issues beyond the first fermentation. 

12. WHC Replacement Policy For Yeast, Bacteria And Enzyme Products

WHC strives to produce the best products possible. Yeast and bacteria are living, microbiological products which are subject to environmental conditions. If you are not completely satisfied with the performance of our yeast products, we will either replace with the same product, or credit you for the paid price of that purchased product (less shipping charges), provided that WHC may enquire into the your compliance with the provided instructions, above, prior to the issuance of any refund or replacement products. This policy applies to all “yeast products” and enzymes packaged by WHC. For purposes of this Replacement Policy for Yeast, bacteria and enzyme products, “yeast products” includes the following products manufactured and packaged by WHC: liquid yeast, wild yeast, and bacteria cultures, and SCOBY cultures. This replacement policy is only available to the purchaser of the yeast, bacteria and enzyme products. 

WHC products are tested thoroughly through an internal and external quality control process. The specific organisms and limits of testing are outlined on the TDS sheets for the products.  WHC assumes no responsibility for any organisms below lower limits of detection or species outside our scope of testing. We strongly recommend that you conduct your own in-house or external testing and trial on all raw ingredients and final product. Furthermore, if you are seeking a lower limit of detection or a specific species outside of our testing specifications you should conduct your own in-house or external testing. 

 13. Limitation of Liability

The remedies described above are your sole and exclusive remedies. WHC’S liability relating to any defective product is limited to the actual amount paid by you for the defective product and in no circumstances shall WHC’s liability exceed the amount paid by you for the defective product. WHC shall not under any circumstances be liable for any ingredient costs, recall costs or expenses, lost sales or sales costs, lost profits or goodwill, loss or damage to revenues, or labour costs, or consequential, incidental, special or punitive damages or losses, whether direct or indirect. To the full extent permitted by law, WHC expressly disclaims any (a) warranty of merchantability or (b) warranty of fitness for a particular purpose, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise. Some jurisdictions do not allow the exclusion or limitation of warranties or damages, so the above limitations and disclaimers may not apply to you. This limited warranty gives you specific legal rights, and you may also have additional rights, which vary from jurisdiction to jurisdiction. You specifically acknowledge and agree that, to the widest extent provided by applicable law, WHC or any related entity will not be liable for any defamatory, offensive, or illegal conduct of any seller (including any marketplace retailer), shopper, or other user of the site.

14. Disclaimer

We cannot guarantee in any way that the site, including its contents, services, and features, will be uninterrupted, that any defects found in the same will be corrected or that the use of the site will produce any specific results. The site and its contents are provided in the current state and are available as is. In addition to the above, we make no warranties, express or implied, including any warranty of accuracy, completeness, non-infringement of third-party rights, or fitness for a particular purpose.

15. Security and disclosure of information

The Company will take all reasonable steps to ensure that appropriate security measures are in place to protect the confidentiality of both electronic and manual information in accordance with GDPR and current Irish Legislation, we also  reserve the right to share information with our finance providers

16. Miscellaneous

These Terms & Conditions represent the entire agreement between Us and You.

No waiver by us shall be interpreted as a waiver of any preceding or succeeding breach of any provision included in the Terms & Conditions.

In case of a complaint about a product, you are encouraged to get in touch with our customer services team.

These Terms and Conditions, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to a purchase order placed with WHC, these Terms and Conditions, or the negotiation, execution or performance of any agreement with WHC (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with these Terms and Conditions or as an inducement to enter into any agreement with WHC), shall be governed by and construed in accordance with the laws of the Republic of Ireland and the You shall submit to the jurisdiction of the courts of the Republic of Ireland. We reserve the right to institute proceedings against You in the courts having jurisdiction in the place where the You are domiciled or in any jurisdiction where a harm to Us is occurring.