1. Who we are
The Website is operated by Modern Aminos, the operator of modernaminos.eu ("Modern Aminos", "we", "us", "our"). The postal address on the store record is 9169 W State St #1451, Garden City, Idaho 83714, United States. Email: support@modernaminos.eu.
2. Scope and definitions
2.1 These Terms and Conditions ("Terms") apply to every use of the Website and to every contract for the sale of products concluded through the Website between us and you ("Customer", "you").
2.2 Business Customer means a natural or legal person acting for purposes relating to their trade, business, craft or profession, including universities, research institutes and laboratories. Consumer means a natural person acting for purposes outside their trade, business, craft or profession.
2.3 Our offering is directed at Business Customers and qualified research professionals. Where, despite this, a Consumer concludes a contract with us, all rights granted to Consumers by mandatory law of their country of habitual residence apply in full, and any provision of these Terms marked "Business Customers only" does not apply to them. Nothing in these Terms limits or excludes any right a Consumer cannot waive by law.
2.4 Conflicting or deviating terms of a Business Customer, including purchase-order terms, do not apply unless we expressly accept them in writing.
2.5 Our Privacy Policy and Refund Policy form part of these Terms. Delivery is set out in section 10. If those documents conflict with these Terms, these Terms prevail, except where the other document is more favourable to a Consumer.
3. Nature and regulatory status of our products
3.1 Research use only. All products offered on the Website ("Products") are research chemicals, principally synthetic peptides supplied in lyophilised (freeze-dried) powder form, intended exclusively for in vitro laboratory research and development by qualified persons in a suitable laboratory environment.
3.2 Not medicinal products or consumer goods. The Products are not authorised medicinal products under Directive 2001/83/EC or Regulation (EC) No 726/2004, and have not been assessed or approved by the European Medicines Agency or any national competent authority for any therapeutic, preventive or diagnostic purpose. The Products are not foods, food supplements, novel foods, cosmetic products, medical devices or in vitro diagnostic medical devices, and must not be used, labelled, marketed or resold as such.
3.3 No human or animal use. The Products must not be administered to, ingested by, injected into, or applied to humans or animals, and must not be used for in vivo experimentation, clinical research, veterinary use, recreational use, or in connection with sport, including any substance on the World Anti-Doping Agency Prohibited List.
3.4 No advice. We do not provide, and nothing on the Website constitutes, medical, pharmaceutical, dosing, therapeutic or legal advice. Product descriptions and scientific references are provided for informational and research context only.
3.5 Product condition. Products are supplied in lyophilised form and require reconstitution by the researcher with a suitable diluent. Diluents, syringes and other laboratory supplies are not included. Unless expressly stated, Products are not sterile and have not been tested for safety or efficacy in any application.
3.6 Chemical safety. Where required under Regulation (EC) No 1907/2006 (REACH) and Regulation (EC) No 1272/2008 (CLP), Products are classified and labelled accordingly, and a safety data sheet is available on request at support@modernaminos.eu. Certificates of analysis are published in the COA library and relate to the identified batch.
4. Customer eligibility and representations
4.1 You may purchase Products only if you are at least 21 years of age, have full legal capacity, and are purchasing for legitimate laboratory research purposes.
4.2 By placing an order, you represent and warrant that:
- you, or the personnel who will handle the Products, are appropriately qualified and trained, with the knowledge, equipment and secure storage arrangements needed to handle research chemicals safely;
- you will use the Products solely for lawful in vitro research in accordance with section 3 and in compliance with all applicable laws, including laws on chemicals, health and safety, waste disposal, medicines, doping and controlled substances;
- the purchase, import, possession and intended use of the Products are lawful in your country and at the delivery address. Rules differ between countries. You are responsible for verifying this before ordering; and
- all information you provide to us, including any research-qualification or institutional information, is accurate and complete.
4.3 Verification. We may, before or after accepting an order, request reasonable information or documentation to verify your identity, age, institutional affiliation or intended research use. We may decline or cancel an order if verification is not provided or is unsatisfactory. Personal data collected for this purpose is processed as described in our Privacy Policy.
4.4 Refusal of sale. We may refuse or cancel any order, and suspend or close any account, where we have reasonable grounds to believe that Products are intended for a purpose prohibited under these Terms or by law, including any communication indicating human or animal use, or where delivery to the destination would be unlawful. Any payment already received for a cancelled order will be refunded in full. Where the law requires, we will report suspicious transactions to competent authorities.
5. Prohibited uses, resale and export
5.1 You must not:
- resell, distribute or supply Products to any third party for any purpose prohibited by these Terms;
- repackage or relabel Products for human or animal use, or present them as medicinal products, food supplements or cosmetics; or
- use Products in the development or manufacture of chemical or biological weapons, controlled drugs or any unlawful product.
5.2 You must comply with all applicable export-control and sanctions laws, including Regulation (EU) 2021/821 (dual-use items) and EU restrictive measures. Products may not be exported, re-exported or transferred to any sanctioned country, entity or person.
5.3 Business Customers only. Resale of Products to other research institutions or laboratories is permitted only with our prior written consent and on terms no less protective than sections 3 to 5.
6. Using the Website
6.1 We grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Website for the purpose of obtaining information about and purchasing our Products. You must not misuse the Website, including by attempting unauthorised access, introducing malicious code, or systematically extracting content or data without our consent.
6.2 All content on the Website, including text, images, logos, product photography, databases and software, is protected by intellectual property rights belonging to us or our licensors. No licence is granted except as stated in section 6.1. The listing of a Product does not grant any licence under any patent or other third-party right.
6.3 Accounts. You are responsible for keeping your login credentials confidential and for activity under your account. Notify us promptly of any unauthorised use.
6.4 Availability. We aim to keep the Website available but do not guarantee uninterrupted access. We may suspend the Website for maintenance, security or other legitimate reasons. This does not affect any contract already concluded.
6.5 Third-party links. Links to third-party websites are provided for convenience. We are not responsible for their content or practices.
6.6 Reviews and user content. This Website does not publish product reviews. If you submit other content, you must not include content that is unlawful, misleading, or that refers to human or animal use of Products. We may refuse or remove such content and will inform you of the reason. Questions or complaints about content decisions may be sent to support@modernaminos.eu, which is also our single point of contact for users and authorities under Regulation (EU) 2022/2065 (Digital Services Act). The contact language is English.
7. Product information and prices
7.1 We take care to describe and depict Products accurately. Product images are illustrative. Packaging, vial caps and labels may vary slightly between batches without affecting the Product's specification.
7.2 All prices are stated in euros (EUR). Prices on this Website are shown exclusive of VAT. Delivery charges are shown before you place your order. Shipments from outside the EU may be charged import VAT, customs duties and carrier clearance fees on delivery. Those import charges are not added as a line on this Website.
7.3 When we announce a price reduction, we indicate the lowest price applied in the 30 days before the reduction, in accordance with Article 6a of Directive 98/6/EC.
7.4 We do not personalise prices on the basis of automated decision-making.
7.5 Obvious errors. If a Product is listed at an obviously incorrect price because of a technical or typographical error, we will contact you before accepting the order and you may confirm the order at the correct price or cancel it free of charge.
8. Ordering and conclusion of the contract
8.1 Product listings on the Website are an invitation to submit an offer, not a binding offer.
8.2 Ordering steps. (1) Add Products to your cart. (2) Proceed to checkout and enter your billing and delivery details. (3) Select delivery and payment methods. (4) Review your order summary. You can identify and correct input errors with the edit controls or your browser's back button. (5) Confirm that you accept these Terms and the research-use declaration. (6) Click the button labelled "Place order with obligation to pay". Clicking that button constitutes a binding offer to purchase.
8.3 We send an automatic email acknowledging receipt of your order. This acknowledgement does not constitute acceptance. The contract is concluded when we accept your order by sending an order confirmation email or by dispatching the Products, whichever is earlier. If payment is captured before acceptance and we do not accept the order, we refund the amount in full without undue delay.
8.4 Contract text. We store the contract text. You receive these Terms and your order details by email with your order confirmation, and you can view past orders in your account. The current Terms are always available on the Website.
8.5 Language. Contracts are concluded in English.
8.6 Quantity limits. We may limit order quantities per Customer or per order, including to comply with legal requirements.
9. Payment
9.1 Accepted payment methods are the methods shown at checkout. On this store those are: BTCPay (Bitcoin), Pay With Coinpal. We do not store card numbers, because this checkout does not ask you to enter a card on the Website.
9.2 Unless otherwise agreed, payment is due when you place the order. If we do not accept the order, we refund any amount received in full without undue delay.
9.3 Business Customers only. Where we agree payment on invoice, invoices are payable within 30 days. Late payment bears statutory interest and a fixed compensation of EUR 40 under Directive 2011/7/EU and applicable national law, without prejudice to further recoverable costs.
9.4 Payment disputes and chargebacks. If you have a problem with an order, contact us first so we can resolve it. This does not restrict any right you have under law or under your payment scheme. We may contest chargebacks we consider unjustified and may pursue amounts lawfully owed. In cases of suspected fraud, we may suspend the account concerned and refer the matter to competent authorities.
10. Delivery
We deliver to the shipping countries enabled at checkout. The current list is on the FAQs page. For Consumers, we deliver within 30 days of the contract unless another date has been agreed, and the risk of loss or damage passes to the Consumer only when the Consumer, or a third party designated by them other than the carrier, takes physical possession of the Products. Business Customers only: risk passes when the Products are delivered to the delivery address stated in the order, as evidenced by the carrier's proof of delivery.
11. Right of withdrawal (Consumers only)
11.1 Consumers have a statutory right to withdraw from a distance contract within 14 days without giving any reason, subject to the statutory exceptions. The commercial returns process on the Refund Policy does not remove a right this section gives a Consumer.
11.2 You may withdraw during the withdrawal period by email to support@modernaminos.eu or, while logged in, through the order contact form, using the model form below or any other clear statement.
11.3 Important exception. The right of withdrawal does not apply to sealed goods that are not suitable for return for health-protection or hygiene reasons once they have been unsealed after delivery (Article 16(e) of Directive 2011/83/EU). Our Products are supplied in tamper-evident sealed vials. Once the seal of a vial has been broken, the right of withdrawal for that vial expires. The right of withdrawal also does not apply to Products made to your specifications, such as custom synthesis.
Model withdrawal form
To Modern Aminos, 9169 W State St #1451, Garden City, Idaho 83714, United States, support@modernaminos.eu:
I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods:
Ordered on / received on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
12. Conformity and legal guarantee
12.1 We are responsible for ensuring that Products conform to the contract, including the specification and batch certificate of analysis stated at the time of sale.
12.2 Consumers benefit from the legal guarantee of conformity under Directive (EU) 2019/771 as implemented in their country of residence, for at least two years from delivery. Remedies include repair or replacement, a price reduction or termination of the contract, as provided by law. Given the nature of our Products, remedies will generally take the form of replacement or refund.
12.3 Business Customers only. Business Customers must inspect Products on receipt and notify us of visible defects, shortages or transport damage within 7 days of delivery, and of hidden defects within 7 days of discovery, failing which the Products are deemed accepted to the extent permitted by applicable law. Warranty claims of Business Customers expire 12 months after delivery, except in cases of intent, gross negligence or fraudulent concealment.
12.4 We give no warranty that a Product is suitable for any particular research purpose unless we have expressly agreed this in writing. This does not limit the Consumer legal guarantee.
12.5 We do not offer a commercial guarantee beyond the legal guarantee unless expressly stated for a specific Product.
13. Liability
13.1 We are liable without limitation for intent and gross negligence; death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; liability under mandatory product-liability law; and any other liability that cannot be limited or excluded by law.
13.2 Subject to section 13.1, where we breach an essential contractual obligation through slight negligence (an obligation whose fulfilment is essential for the proper performance of the contract and on which you may regularly rely), our liability is limited to the typical, foreseeable damage at the time the contract was concluded.
13.3 Business Customers only. Subject to section 13.1, our total liability arising out of or in connection with any order is limited to the price paid for that order, and we are not liable for loss of profit, loss of data, loss of research results or opportunity, or any indirect or consequential loss.
13.4 We are not liable for loss or damage resulting from use of a Product contrary to sections 3 to 5, including human or animal use, or from failure to observe the labelling, safety data sheet or storage instructions. This does not limit liability under section 13.1.
13.5 The limitations in this section also apply for the benefit of our employees, representatives and agents.
14. Indemnity (Business Customers only)
Business Customers shall indemnify us against third-party claims, regulatory fines and reasonable costs, including legal fees, arising from their breach of sections 3 to 5 or from any resale, relabelling or use of Products contrary to these Terms or the law, except to the extent caused by our own breach. Consumers are liable only in accordance with the applicable statutory rules.
15. Force majeure
Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, epidemics, war, government action, strikes or carrier disruption. We will inform you promptly. If the event continues for more than 30 days, either party may cancel affected orders, and any prepayment for undelivered Products will be refunded.
16. Complaints and dispute resolution
16.1 Please send any complaint to support@modernaminos.eu. We aim to respond within 5 business days.
16.2 We are neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration board. A list of consumer dispute-resolution bodies is available on the European Commission site: consumer redress bodies.
17. Governing law and jurisdiction
17.1 These Terms and all contracts under them are governed by the laws of the State of Idaho, United States, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
17.2 If you are a Consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of the country in which you have your habitual residence (Article 6(2) of Regulation (EC) No 593/2008). Consumers may bring proceedings in the courts of their place of residence or in Idaho, and may be sued only in the courts of their place of residence.
17.3 Business Customers only. The exclusive place of jurisdiction is the state and federal courts located in Idaho, United States.
18. Accessibility
A separate accessibility statement is not published on this Website. If you cannot use part of the Website, email support@modernaminos.eu and tell us which page and what you need in order to place or manage an order.
19. Changes to these Terms
19.1 We may update these Terms for valid reasons, such as changes in law, regulatory guidance, our Products or the Website. The version in force when you place an order applies to that order. Later changes do not affect concluded contracts.
19.2 For registered account holders, we will notify material changes affecting the use of the Website by email at least 30 days before they take effect. If you object, you may close your account at any time free of charge.
20. Final provisions
20.1 If any provision of these Terms is invalid or unenforceable, the remaining provisions remain in force, and the statutory provisions apply in place of the invalid provision.
20.2 You may not assign your rights under a contract without our consent, except for monetary claims or where the law permits.
20.3 Headings are for convenience only.