Terms and Conditions
These terms and conditions form the basis on which you can visit us and our website. They also outline the terms and conditions which apply to all orders placed with us and all Goods purchased from us. Please read them carefully as they contain important information. There are separate terms and conditions for private individuals and for business Customers. Please see section 30 for information on which terms will apply to your order.
1. Legal Entity
These terms and conditions apply to all websites operated by, and all Goods supplied by R&D Laboratories Limited, trading as Mistral Chemicals, company registration number NI29750 (‘the Seller’, ‘we’, ‘us’, ‘our’, ‘R&D Laboratories Ltd.’ or ‘Mistral’). If you have any questions regarding us, our terms and conditions, our Goods or an order that you have placed, please email sales_mistral@hotmail.com.
2. Acceptance of Terms
By using this website or by purchasing our Goods you agree to be bound by these terms and conditions. These terms apply no matter what method you use to make your purchase, including but not limited to: web checkout, telephone orders and purchase orders.
You are advised to print a copy of these terms for future reference. Please understand that if you refuse to accept these terms and conditions, you will not be able to order our Goods.
3. The Contract Between Us
We must receive payment of the whole of the price for the Goods that you order before your order can be accepted. Your payment of the price for the Goods represents an offer on your part to purchase the Goods, which will be accepted by us when we send to you an email or notification that the Goods have been sent to you. Our acceptance of your order brings into existence a legally binding contract between us.
4. Use of Goods
4.1 In placing an order for Goods through this website or by any other means, you accept that none of the Goods sold by R&D Laboratories Ltd. are for human or animal consumption.
4.2 You accept that you are over 18 years old, or over the legal age in your country or territory required to purchase or use our Goods, whichever is higher.
4.3 You agree not to use any of our Goods in any of the following ways:
4.3.1 In the preparation or manufacture of food or beverages; or in any other food applications.
4.3.2 For medicinal purposes;
4.3.3 In medical treatments or applications (including ‘alternative’ or ‘holistic’ medicine);
4.3.4 In veterinary treatments; or,
4.3.5 In the manufacture or use of e-cigarettes or related Goods;
4.4 Furthermore, you agree not to resell our Goods for use in any of the applications listed in 4.3.
4.5 By placing an order, you agree not to use any of our Goods for illegal or illicit purposes or in the course of carrying out such activities. We work closely with Police and Government bodies and reserve the right to report any suspected misuse of our Goods. We will cooperate fully with any investigation by official agencies into suspected misuse of Goods bought from us.
5. Licenses and Restrictions
It is the responsibility of the Buyer to ensure that they hold any relevant licenses or registrations required to purchase or use our Goods. Where possible, we will make such requirements clear on product listings. However, we cannot be held liable for any errors and omissions relating to such requirements, unless we have a specific obligation under Northern Irish law to provide this information.
Where Goods or their associated product listings or information are marked with specific usage restrictions or limitations (such as ‘For professional use only’ or ‘Not for sale to the General Public’), it is the responsibility of the Buyer to comply fully with these requirements. The Seller can accept no liability for Goods which are purchased in contravention of given usage restrictions.
5. Ownership of Rights
All rights, including copyright, in this website are owned by or licensed to R&D Laboratories Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
Text, labels, formulations and designs of any Goods purchased through this website or by any other means will remain the sole protected intellectual property of the Seller (or third-party owner) unless otherwise licensed to you through a formal written agreement.
6. Supporting Documentation
Safety data sheets are available for all Goods upon request. It is the responsibility of the Buyer to request and/or download the MSDS for any Goods purchased.
Certificates of Analysis (CoA) are available for some Goods upon request. We do not offer CoAs for Goods which are reworked or repackaged by us. If you require a CoA please check with us before purchasing.
7. Accuracy of Content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all Goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the Goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the Goods are approximate only.
The information contained in this website, including product information and descriptions, is given for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, Goods, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The information contained within product listings is given for informational purposes and is not an indication of the suitability of that product for any given application. Please contact us before purchase if you have any specific requirements or applications that you would like to discuss.
8. Advice and Recommendations
We are happy to advise our Customers both before and after purchase. Such advice may be provided through this website, by e-mail or by telephone. However, any advice or recommendations given by the Seller, its employees or its agents relating to the use of the Goods is given in good faith. It is the responsibility of the Buyer to satisfy himself that the Goods will be suitable for his own particular use. This includes selecting the correct grade of product required for any given application and being aware of the differences between different grades of chemical before purchase.
9. Damage to your Computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
10. Third Party Websites
Through this website you are able to link to other websites which are not under the control of R&D Laboratories Ltd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
11. Website Availability
Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
12. Product Availability
All orders are subject to acceptance and availability. If the Goods you have ordered are not available from stock within 10 days, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
13. Ordering Errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
14. Price
The prices payable for Goods that you order are as set out in our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
Wherever it is not possible to accept your order to buy Goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the Goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
15. Payment Terms
We will charge your credit account (or other means of payment) for payment upon receipt of your order. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the Goods from your account then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have.
16. Delivery Charges
Delivery charges vary according to the type of Goods ordered.
17. Delivery
17.1 Our delivery charges are set out on the delivery information page of our website. We aim to despatch Goods as quickly as possible, and in any case within 7 days of receipt of payment, or for credit Customers, within 7 days of our acceptance of your order.
17.2 We use third-party carriers to deliver our Goods. While we try to ensure that our carriers provide the best service possible, we have no control over the Goods once they have been despatched with these carriers. We cannot accept any liability for delay or damage which may occur while Goods are in the possession of a third-party carrier.
17.3 We ship all hazardous Goods in compliance with ADR regulations and the requirements imposed by our carriers.
17.4 Please note that we are only able to deliver to addresses within the United Kingdom and Ireland, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland and the Channel Isles. If you believe that you may be affected by these delivery restrictions, please contact us for further information before placing your order.
17.5 We will deliver the Goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. It is the responsibility of the Buyer to notify us before dispatch of any specific delivery requirements, for example if you will need a tail-lift for heavy Goods. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the Goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
17.6 In certain cases we will allow Customers to arrange collection of their Goods from our warehouse, either in person or via third-party couriers contracted by the Buyer. If you wish to arrange a collection please contact us before ordering to ensure that this will be possible. Where Customers arrange for Goods to be collected from us, the Goods will be considered as having been delivered by us at the time when they are collected. Risk of damage or loss of the Goods will pass immediately to the Buyer upon collection.
18. Risk and Ownership
Risk of damage to or loss of the Goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the Goods once they have been successfully delivered and when we have received cleared payment in full. Once Goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
19. Acknowledgement and Acceptance of your Order
You will need to provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm receipt of your order and e-mail you again to confirm details. An acceptance of your order will take place on despatch of the good(s) ordered.
20. Cancellation Rights
20.1 Under the Distance Selling Regulations you have the legal right to cancel your order within seven days of receipt of your Goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us in writing at sales_mistral@hotmail.com during this period if you wish to cancel your contract.
20.2 If you have received the Goods before you cancel your contract, then you must send the Goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the Goods for delivery you must not unpack the Goods when they are received by you and you must send the Goods back to us at our contact address at your own cost and risk as soon as possible.
20.3 In the interests of health and safety, all items returned under the Distance Selling Regulations should be sealed and unopened. You must observe ADR and other transport regulations if returning hazardous items.
20.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.
21. Damage, Defect and Shortage
21.1 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
21.2 Formal notice of any damage, defect or shortage of the Goods must be notified to the Seller in writing within 7 working days of the Goods being delivered. It is therefore important that you carry out a reasonable inspection of the Goods upon delivery. Where requested, the Buyer agrees to supply evidence of any damage, defect or shortage before claims will be granted.
21.3 If Goods are obviously damaged or defective upon delivery, the Buyer should refuse delivery so that they may be returned to us by our couriers.
21.4 Where Goods are found to be damaged, defective or short upon delivery, the liability of the Seller will be limited to the costs of refunding or replacing those Goods found to be damaged, defective or missing. The Seller reserves the right to decide whether Goods will be refunded or replaced.
21.5 You will be re-credited for the costs incurred in returning defective Goods.
22. Cancellation by Us
22.1 We reserve the right to cancel the contract between us if:
22.1.1 we have insufficient stock to deliver the Goods you have ordered;
22.1.2 we do not deliver to your area;
22.1.3 we believe that you may intend to use the Goods for one of the purposes prohibited under section 4; or,
22.1.4 one or more of the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
22.2 If we do cancel your contract we will notify you by e-mail or telephone and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.
23. Liability
23.1 If you do not receive Goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the Goods (unless this is not reasonably practicable). If you notify a problem to us under this condition, our only obligation will be, at your option:
23.1.1 to make good any shortage or non-delivery;
23.1.2 to replace or repair any Goods that are damaged or defective; or
23.1.3 to refund to you the amount paid by you for the Goods in question in whatever way we choose.
23.2 Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract. The liability of the Seller for breach of these terms or for any claim based on any defect in the Goods supplied shall not exceed the price originally received for the Goods.
23.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from our site. The importation or exportation of certain of our Goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.
23.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
24. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address (given at the end of this document) and all notices from us to you will be displayed on our website from time to time.
25. Changes to Legal Notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
26. Law, Jurisdiction and Language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with Northern Irish law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of Northern Ireland. All contracts are concluded in English.
Where the use of computerised translation services is made available on our website, we shall not be held liable for any damages whatsoever resulting from inaccuracies, errors or omissions which occur due to the use of these services.
27. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
28. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy. A full copy of our privacy policy can be found here.
29. Third Party Rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
30. Terms Applying to Business-to-Business Sales
30.1 For the purposes of this agreement, a business-to-business sale will be defined as the following:
30.1.1 Any supply of Goods for use within a business environment;
30.1.2 Any supply of Goods to be used in the course carrying out a trade or service; or,
30.1.3 Any supply of Goods which are intended to be resold or reworked to create a saleable product.
30.2 The terms and conditions which apply to business-to-business sales are identical to those for business-to-consumer sales, apart from the following substitutions:
30.2.1 Replace the entire contents of section 14. Price with the following:
"The prices payable for Goods that you order are as set out in our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
Where a purchase order is submitted, a sales quotation will be provided on which prices will be exclusive of VAT. These prices may differ from those shown on our website if previously agreed by both parties.
Wherever it is not possible to accept your order to buy Goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the Goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
Where the Buyer holds a valid EU VAT registration, it may be possible to process the sale without VAT. However, this facility is not available on our website. Please contact us first if you wish to make a VAT-exempt purchase."
30.2.2 Replace the entire contents of section 15. Payment Terms with the following:
"Credit terms may be agreed before receipt of your order. In the case of public bodies (such as schools, universities and councils), we normally offer a 30-day credit facility on official purchase orders. Full details of this facility can be found here. Please contact us before purchase for more information regarding the availability of credit terms.
Where credit terms have been agreed, full payment will become due after the agreed period. Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 5% of the amount due. Such interest shall accrue after as well as before any judgement.
The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
Where credit terms have not been agreed, we will charge your credit account for payment upon receipt of your order. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the Goods from your account then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have."
30.2.3 Replace the entire contents of section 20. Cancellation Rights with the following:
"Once an order has been placed and accepted by us, the contract cannot be cancelled unless Goods are delivered in a damaged, defective or short condition."
31. Contact Details
Formal notices in writing and other official correspondence should be made to the following address:
R&D Laboratories Ltd., Unit U Enkalon Industrial Estate, Antrim, BT41 4LJ, Northern Ireland
For general enquiries and correspondence, we can also be contacted in the following ways:
Telephone: 02894 465 753
Fax: 02894 467 502
E-Mail: sales_mistral@hotmail.com
Or using the form located on the ‘Contact Us’ page of this website.
32. Definition of Terms
Buyer - the person who buys or agrees to buy the goods from the Seller.
Seller - R&D Laboratories Ltd, company registration number NI29750.
Goods - the articles which the Buyer agrees to buy from the Seller.
Conditions - the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Customer - see Buyer.
These Terms and Conditions are applicable as of 10/03/2013.