legal
updated: 28.07.2026
Terms and Conditions
1. About these Terms and Conditions
These Terms and Conditions govern access to and use of the FluoSphera website, including any customer portal, online store or other digital service made available through the website.
They also govern quotations, orders and purchases of products or services made through the website, unless FluoSphera and the customer have entered into a separate written agreement that expressly provides otherwise.
By accessing or using the website, you agree to comply with the provisions concerning use of the website. By creating an account, submitting an order or otherwise expressly accepting these Terms and Conditions, you agree to the provisions governing accounts, orders and purchases.
If you do not agree with these Terms and Conditions, you should not use the website or place an order through it.
The website is operated by:
FluoSphera SA
c/o FONGIT
Route de la Galaise 34
1228 Plan-les-Ouates
Switzerland
Email: contact@fluosphera.com
In these Terms and Conditions, "FluoSphera", "we", "us" and "our" refer to FluoSphera SA. "Customer", "you" and "your" refer to the person or organisation accessing the website, requesting a quotation or purchasing products or services.
2. Professional and research use
The FluoSphera website, products and services are primarily intended for businesses, universities, research institutions, laboratories, healthcare organisations and other professional or institutional users.
Unless expressly stated otherwise, FluoSphera products are intended for research use only. They are not intended for direct administration to humans or animals, clinical diagnostic use, therapeutic use, food use, household use or any other application not expressly authorised by FluoSphera in writing.
By placing an order on behalf of an organisation, you confirm that you have the authority to bind that organisation and that the information you provide is accurate.
FluoSphera may request reasonable evidence concerning the customer's identity, organisation, professional status, purchasing authority, intended use, delivery location or eligibility to purchase particular products.
FluoSphera may refuse or cancel an order where it reasonably considers that the purchaser is not an eligible professional customer, that the proposed use is inappropriate or unlawful, or that fulfilling the order would create a regulatory, legal, ethical, safety or reputational risk.
3. Information provided on the website
FluoSphera takes reasonable care to ensure that the information presented on the website is accurate and current. However, scientific, technical and commercial information may evolve, and the website may occasionally contain incomplete information, typographical errors or outdated content.
Information provided on the website is intended for general informational and commercial purposes. It does not constitute medical, clinical, regulatory or legal advice and should not be relied upon as a substitute for professional judgement, appropriate experimental controls or independent verification.
Product images, illustrations, diagrams, data, specifications and descriptions are provided for general reference. Minor differences may exist between displayed content and the products actually supplied, particularly where changes do not materially affect the intended function or performance of the product.
FluoSphera may modify, correct, update or remove website content at any time without prior notice.
4. Scientific results and performance information
Any scientific results, examples, case studies, application data, performance indicators or experimental outcomes presented on the website reflect the conditions under which the relevant work was performed.
Biological materials, cell-based systems and experimental assays may be affected by numerous factors, including handling, storage, transport, laboratory conditions, equipment, protocols, operators, reagents and biological variability.
Unless FluoSphera expressly provides a written specification or warranty for a particular product, scientific examples and previous results do not guarantee that identical results will be obtained by every customer or under different experimental conditions.
Customers remain responsible for determining whether a product or service is appropriate for their intended application and for designing, performing, validating and interpreting their experiments.
5. Customer accounts
Certain website functions may require the creation of a customer account.
You must provide complete, accurate and current information when creating and maintaining an account. You are responsible for keeping your login credentials confidential and for all activities carried out through your account.
You must inform FluoSphera promptly at contact@fluosphera.com if you believe that your account has been accessed without authorisation or that your credentials have been compromised.
You may not create an account using another person's identity, provide misleading information or allow unauthorised persons to use your account.
FluoSphera may suspend or terminate an account where these Terms and Conditions have been breached, where the account creates a security risk, where fraudulent or unlawful activity is suspected, or where suspension is otherwise reasonably necessary to protect FluoSphera, its customers or third parties.
6. Product availability
Products and services displayed on the website are subject to availability.
Because certain products may consist of living cells, biological materials, customised preparations or materials with limited shelf lives, availability may depend on production schedules, quality control results, transport conditions, regulatory requirements and other operational constraints.
The display of a product on the website does not guarantee that the product is immediately available or that an order can be fulfilled within a particular timeframe.
FluoSphera may limit the quantities available to a customer, discontinue products, modify specifications or replace a product with a functionally comparable version where reasonably necessary.
Where a product becomes unavailable after an order has been submitted, FluoSphera will contact the customer and may offer a revised delivery date, an alternative product, a credit or a refund of the amount paid for the unavailable product.
7. Quotations
Any quotation issued by FluoSphera is valid for the period stated in the quotation. If no validity period is stated, the quotation will normally remain valid for 30 calendar days from its issue date, unless withdrawn earlier.
A quotation is based on the information available to FluoSphera when it is prepared. FluoSphera may revise a quotation if the customer changes the scope, quantities, delivery conditions, technical requirements, timetable or other relevant elements.
Unless otherwise stated, quotations exclude VAT, customs duties, import charges, delivery costs, insurance, special packaging and other applicable charges.
Acceptance of a quotation by the customer does not prevent FluoSphera from requesting additional information reasonably required to confirm technical feasibility, regulatory eligibility, delivery arrangements or payment conditions.
8. Orders and formation of the contract
Products displayed on the website constitute an invitation to submit an order and do not, by themselves, constitute a binding acceptance by FluoSphera.
When you submit an order, you make an offer to purchase the selected products or services in accordance with these Terms and Conditions.
An automated email acknowledging receipt of an order confirms only that the order has been received. It does not necessarily constitute acceptance of the order.
A binding contract is formed when FluoSphera expressly confirms acceptance of the order in writing, issues a final order confirmation or invoice indicating acceptance, begins performance of the requested service, or dispatches the ordered products, whichever occurs first.
FluoSphera may request clarification, additional information, advance payment, proof of professional status or acceptance of additional product-specific conditions before accepting an order.
FluoSphera may decline an order without liability before it has been accepted. This may occur in particular where the product is unavailable, the price or description contains a material error, payment cannot be authorised, delivery is not feasible, or the order raises legal, regulatory, ethical, safety or compliance concerns.
9. Order errors and changes
Customers must review the products, quantities, addresses and other order information before submitting an order.
If you identify an error after submission, you should contact contact@fluosphera.com as soon as possible. FluoSphera will make reasonable efforts to accommodate the requested correction but cannot guarantee that an order can be changed or cancelled once production, preparation, packaging or dispatch has begun.
Changes requested by the customer may affect availability, price and delivery time.
For customised, made-to-order, biological or time-sensitive products, an accepted order may not be cancelled or modified without FluoSphera's written agreement.
10. Prices
The price applicable to an order is the price displayed or quoted when the order is submitted, subject to correction of obvious errors and confirmation by FluoSphera.
Unless expressly stated otherwise, prices exclude VAT, sales taxes, customs duties, import charges, bank charges, delivery costs, insurance and other applicable fees.
The customer is responsible for taxes, duties and charges imposed in the country of delivery, except to the extent that FluoSphera has expressly agreed in writing to include them in the price.
Before an online order is submitted, the website will present the charges collected by FluoSphera as part of the transaction. Additional charges imposed by customs authorities, banks or other third parties in the destination country may not always be known to FluoSphera in advance.
FluoSphera may change its prices at any time. A change will not affect an order that FluoSphera has already accepted, unless the customer subsequently requests a modification.
11. Payment
Available payment methods will be indicated during the ordering process, in the applicable quotation or on the invoice.
Payment may be required at the time of ordering, before production or dispatch, or within the period stated on the invoice.
FluoSphera may require full or partial advance payment, particularly for new customers, customised products, biological materials, large orders, international deliveries or products prepared specifically for the customer.
The customer must ensure that payment information is accurate and that it is authorised to use the selected payment method.
Where payment is handled through a specialised payment processor or financial institution, the payment may also be subject to that organisation's own terms. FluoSphera is not responsible for a payment provider's independent refusal, delay or security checks.
If payment is overdue, FluoSphera may suspend production, performance, delivery or access to customer services. FluoSphera may also charge default interest and reasonable recovery costs to the extent permitted by applicable law.
12. Delivery
Estimated production and delivery dates are provided in good faith but are not guaranteed unless expressly agreed in writing.
Delivery times may be affected by production schedules, quality control requirements, product availability, specialised packaging, carrier availability, customs procedures, import permits, weather, public holidays and other circumstances outside FluoSphera's reasonable control.
The customer is responsible for providing a complete and accurate delivery address, appropriate contact details and any information or documentation required for shipment, importation or receipt of the products.
The customer must ensure that an authorised person is available to receive the shipment and that appropriate facilities, storage conditions and trained personnel are available upon delivery.
Where delivery is delayed because the customer has provided incorrect or incomplete information, is unavailable to receive the shipment or has not completed required import formalities, FluoSphera may charge the resulting storage, return, redelivery, disposal or replacement costs.
Risk in the products passes to the customer in accordance with the delivery term specified in the order confirmation, quotation or invoice. Where no specific delivery term has been agreed, risk passes when the shipment is delivered to the customer or its designated recipient, subject to any mandatory legal rule to the contrary.
Ownership of the products may remain with FluoSphera until full payment has been received, to the extent permitted by applicable law.
13. Biological, temperature-sensitive and perishable products
Certain FluoSphera products may contain living cells, biological materials or other temperature-sensitive and time-sensitive components.
The customer must follow all storage, recovery, handling, use and disposal instructions provided with the product. The customer must also ensure that the product is received without unnecessary delay and transferred promptly to the required storage or culture conditions.
Product performance may be compromised if the shipment is left unattended, collected late, stored incorrectly, exposed to inappropriate temperatures, handled improperly or used after the indicated shelf life.
FluoSphera is not responsible for damage, deterioration or loss resulting from the customer's failure to receive, inspect, store, recover, handle or use the products in accordance with the supplied instructions.
Where relevant, product documentation may include a certificate of analysis, quality control information, recommended protocol, safety information, storage requirements or a specified use period. Such documentation forms part of the conditions applicable to the product.
14. Inspection and notification of problems
The customer must inspect the external condition of a shipment promptly upon receipt and verify that the products and quantities correspond to the order.
Visible transport damage, missing items, temperature concerns or other immediately apparent problems should be documented and reported to FluoSphera without delay, together with relevant photographs, shipping records or other supporting information.
Problems that are not immediately apparent should be reported as soon as reasonably possible after discovery and within any product-specific notification period communicated by FluoSphera.
The customer should preserve the affected product, packaging, labels and shipping documentation until FluoSphera has had a reasonable opportunity to investigate the issue and provide instructions.
Failure to report a problem promptly may prevent FluoSphera from verifying its cause or submitting a claim to the relevant carrier and may therefore affect the remedy available.
15. Returns, cancellation and refunds
Because FluoSphera products may include living, biological, customised, perishable or time-sensitive materials, products may not be returned without FluoSphera's prior written authorisation.
A customer must not ship products back to FluoSphera unless FluoSphera has expressly approved the return and provided appropriate instructions.
Except where required by mandatory law, an order accepted by FluoSphera cannot be cancelled merely because the customer has changed its mind, particularly where production, preparation, quality control, packaging or dispatch has started.
If FluoSphera confirms that a product was materially defective, materially different from the accepted order or damaged before risk passed to the customer, FluoSphera may, at its discretion and as appropriate, replace the affected product, repeat the relevant service, issue a credit or refund the price paid for the affected product.
Any remedy is subject to the customer having complied with the applicable receipt, storage, handling, notification and cooperation requirements.
Nothing in these Terms and Conditions limits any cancellation, return or refund right that cannot lawfully be excluded.
16. Product warranty
FluoSphera warrants that, at the time risk passes to the customer, products will materially conform to the written specifications expressly provided by FluoSphera for those products.
This warranty does not extend to minor variations inherent in biological materials or to outcomes affected by experimental conditions, customer handling or factors outside FluoSphera's control.
Unless expressly agreed in writing, FluoSphera does not warrant that a product will be suitable for a particular experimental objective, produce a particular result, be compatible with every protocol or instrument, or satisfy regulatory requirements applicable to the customer's intended use.
The warranty does not apply where a problem results from incorrect storage, delayed recovery, misuse, contamination, unauthorised modification, use after the indicated shelf life, failure to follow instructions, unsuitable laboratory conditions, customer-supplied materials or use outside the stated purpose.
To the extent permitted by law, the remedies described in the preceding section constitute the customer's principal remedies for a valid product complaint.
17. Services
Where FluoSphera provides scientific, technical, analytical, development or other services, the scope, deliverables, timetable and price will be described in the applicable quotation, order confirmation, statement of work or separate agreement.
Unless expressly stated otherwise, timelines for research and development services are estimates. They may be adjusted where scientific results, technical constraints, customer delays, availability of materials or unforeseen experimental developments reasonably require additional work.
FluoSphera will perform services with reasonable professional care. However, research and experimental activities involve inherent uncertainty, and FluoSphera does not guarantee a specific scientific result unless such result has been expressly defined as an acceptance criterion in writing.
Ownership and permitted use of deliverables, data, results, inventions and other outputs generated through services should be governed by the applicable quotation, statement of work or separate written agreement.
18. Customer responsibilities
The customer is responsible for ensuring that its purchase, possession, transport, storage, use and disposal of products comply with applicable laws, regulations, ethical requirements, institutional rules and safety standards.
The customer must obtain any permits, approvals, registrations, customs documents or other authorisations required in the country of delivery or use.
The customer is responsible for ensuring that products are handled only by appropriately trained personnel in suitably equipped facilities and in accordance with the supplied documentation.
The customer may not use the products for unlawful purposes, for unauthorised human or animal administration, or in a manner that creates an unreasonable risk to people, animals, property or the environment.
The customer must not remove or alter product labels, safety notices, ownership notices or accompanying documentation.
19. Regulatory and trade compliance
Products may be subject to export control, sanctions, customs, transport, biological material, health, safety or other regulatory requirements.
The customer must not purchase, export, re-export, transfer, distribute or use products in violation of applicable trade restrictions or sanctions.
FluoSphera may screen customers, recipients, destinations and proposed uses where reasonably necessary for compliance purposes.
FluoSphera may suspend, refuse or cancel an order where fulfilling it may breach applicable law or expose FluoSphera to a material compliance risk. Where an order is cancelled for such a reason, FluoSphera will refund amounts paid for products not supplied, unless applicable law prevents the refund.
20. Intellectual property
The website and its contents, including text, graphics, photographs, videos, diagrams, scientific illustrations, designs, logos, trademarks, software, databases, product names and downloadable materials, are owned by or licensed to FluoSphera and are protected by intellectual property laws.
You may access and use the website for legitimate informational, professional and purchasing purposes.
You may not reproduce, distribute, republish, modify, translate, transmit, commercially exploit, scrape or create derivative works from website content without FluoSphera's prior written permission, except where permitted by mandatory law.
You may download or print reasonable extracts for internal professional reference, provided that the content is not modified and all ownership and attribution notices are preserved.
The purchase of a product does not transfer ownership of FluoSphera's patents, patent applications, know-how, trademarks, designs, copyrights or other intellectual property rights.
Any licence or restriction applicable to the use of a particular product, protocol, software tool or deliverable may be stated in the relevant product documentation, quotation, order confirmation or separate written agreement.
21. Permitted use of the website
You may use the website only for lawful purposes and in a manner that does not interfere with its operation, security or accessibility.
You may not attempt to gain unauthorised access to the website, customer accounts, servers or connected systems. You may not introduce malware, perform security testing without authorisation, circumvent access controls, overload the website, harvest personal information or use automated systems to extract substantial amounts of content.
You may not use the website to submit unlawful, misleading, defamatory, harmful, infringing or malicious content.
FluoSphera may restrict or block access where it reasonably believes that these requirements have been breached or that access creates a technical, legal or security risk.
22. Third-party links and services
The website may contain links to third-party websites, scientific publications, platforms or external services.
These links are provided for convenience or information. FluoSphera does not control third-party services and does not guarantee their availability, accuracy, security or content.
Access to a third-party service is subject to that service's own terms and policies. FluoSphera is not responsible for loss or damage arising solely from the use of an independent third-party website or service.
23. Availability of the website
FluoSphera aims to maintain reasonable availability of the website but does not guarantee uninterrupted or error-free access.
The website may be temporarily unavailable because of maintenance, updates, technical problems, cybersecurity incidents, service provider interruptions or circumstances outside FluoSphera's reasonable control.
FluoSphera may change, suspend or discontinue all or part of the website or a particular online function without liability, subject to any obligations relating to an order or contract already accepted.
24. Limitation of liability
Nothing in these Terms and Conditions excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
Subject to this principle, FluoSphera is liable for direct loss caused by its intentional misconduct or gross negligence.
To the maximum extent permitted by law, FluoSphera is not liable for indirect, incidental, consequential or special loss, including loss of profit, revenue, opportunity, anticipated savings, production, business, reputation, research time or data.
FluoSphera is not liable for losses resulting from inappropriate product selection, experimental design, failure to follow instructions, improper storage or handling, unauthorised use, biological variability, contamination outside FluoSphera's control, customer-supplied materials or use of products beyond their stated shelf life or purpose.
Where liability may lawfully be limited, FluoSphera's aggregate liability arising from a particular order, product or service will not exceed the amount paid or payable by the customer for the product or service giving rise to the claim.
The limitations in this section apply regardless of the legal basis of the claim but do not affect liability that cannot be excluded or limited under mandatory law.
25. Indemnification
To the extent permitted by law, the customer will indemnify FluoSphera against third-party claims, losses and reasonable expenses arising from the customer's unlawful use of a product, breach of these Terms and Conditions, failure to follow product instructions, violation of third-party rights or use of a product for an unauthorised purpose.
This obligation does not apply to the extent that the relevant claim was caused by FluoSphera's intentional misconduct or gross negligence.
26. Force majeure
FluoSphera is not responsible for delay or failure to perform caused by circumstances outside its reasonable control.
Such circumstances may include natural disasters, epidemics, pandemics, war, civil unrest, governmental action, sanctions, import or export restrictions, transport interruption, carrier failure, energy shortages, cyber incidents, telecommunications failures, labour disputes, shortages of raw materials, equipment breakdowns or failure of critical suppliers.
FluoSphera will take reasonable steps to limit the impact of the event and resume performance when reasonably possible.
If a force majeure event materially prevents performance for an extended period, either party may terminate the affected part of the order by written notice. The customer will remain responsible for products or services already supplied and for reasonable, non-recoverable costs incurred for customised work before termination.
27. Personal data
Personal data collected through the website, customer accounts and purchasing process is handled in accordance with the FluoSphera Privacy Policy.
The Privacy Policy explains how personal data is collected, used, shared, protected and retained and describes the rights that may be available to individuals.
28. Changes to these Terms and Conditions
FluoSphera may update these Terms and Conditions to reflect changes in the website, online store, products, services, business practices or applicable law.
The current version will be published on the website with its latest revision date.
Changes will apply to use of the website from the date of publication. The terms applicable to a purchase will normally be those accepted when the relevant order was submitted, unless a change is required by law or expressly agreed with the customer.
29. Assignment
The customer may not transfer an order, contract or right under these Terms and Conditions without FluoSphera's prior written consent.
FluoSphera may transfer its rights and obligations to an affiliate or to a successor in connection with a reorganisation, financing, merger, acquisition or transfer of all or part of its business, provided that this does not materially reduce the customer's contractual rights.
30. Severability
If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, the remaining provisions will continue to apply.
The invalid or unenforceable provision will, to the extent permitted by law, be replaced by a valid provision that most closely reflects its intended commercial and legal purpose.
31. No waiver
If FluoSphera does not immediately enforce a provision of these Terms and Conditions, this does not mean that it has waived the right to enforce that provision later.
A waiver is effective only if it is made expressly and in writing.
32. Entire agreement and order of precedence
These Terms and Conditions, together with the applicable order confirmation, quotation, product documentation, statement of work and any expressly incorporated terms, form the agreement between FluoSphera and the customer concerning the relevant purchase.
If a separate written agreement has been signed by FluoSphera and the customer and conflicts with these Terms and Conditions, the separate written agreement will prevail.
In the event of inconsistency, the following order of precedence will generally apply:
- a separately signed written agreement
- the applicable statement of work or order confirmation
- the applicable quotation
- product-specific written conditions
- these Terms and Conditions; and
- general website information.
Standard terms submitted by a customer do not apply unless FluoSphera has expressly accepted them in writing.
33. Applicable law and jurisdiction
These Terms and Conditions and any contractual or non-contractual dispute arising from the website, an order, a product or a service are governed by Swiss law, excluding its conflict-of-law rules and, to the extent legally permissible, the United Nations Convention on Contracts for the International Sale of Goods.
The courts of the Canton of Geneva, Switzerland, will have exclusive jurisdiction, subject to any mandatory jurisdiction that cannot lawfully be excluded.
Before starting formal proceedings, the parties should make reasonable efforts to resolve the dispute through good faith discussions.
34. Mandatory rights
Nothing in these Terms and Conditions excludes or restricts rights or remedies that cannot be excluded or restricted under applicable mandatory law.
Where products or services are exceptionally offered to a consumer, any mandatory consumer protection provisions applicable to that transaction will take precedence over conflicting provisions of these Terms and Conditions.
35. Contact
Questions concerning these Terms and Conditions, an order or the use of the website may be sent to:
FluoSphera SA
c/o FONGIT
Route de la Galaise 34
1228 Plan-les-Ouates
Switzerland
Email: contact@fluosphera.com
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