Terms of Service

Effective Date: June 20, 2026

Last Updated: June 20, 2026

1. Agreement to Terms

Welcome to PepSmarts ("we," "us," "our," or "Company"). These Terms of Service ("Terms") govern your access to and use of the PepSmarts website (www.pepsmarts.com), including all subdomains, mobile applications, and any related services (collectively, the "Site" or "Services").

By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately cease all access and use of this Site.

These Terms constitute a legally binding agreement between you ("you," "your," or "User") and PepSmarts regarding your use of the Site and purchase of any products.

IMPORTANT: PLEASE READ CAREFULLY BEFORE USING THIS SITE.

2. Eligibility and Registration

2.1 Eligibility Requirements

By using this Site and purchasing products, you represent and warrant that you meet ALL of the following requirements:

Age: You are at least 21 years of age or the legal age of majority in your jurisdiction, whichever is greater.
Research Affiliation: You are a qualified researcher, scientist, laboratory professional, or representative of an accredited research institution, licensed laboratory, or registered business entity.
Legal Capacity: You have the legal capacity to enter into binding contracts under applicable law.
Not Prohibited: You are not prohibited by law from purchasing or possessing the products offered on this Site.
Compliance Intent: You intend to use all purchased products solely for legitimate laboratory research purposes in compliance with all applicable laws and regulations.

2.2 Account Registration

To place orders, you may need to create an account. You agree to:

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Keep your login credentials confidential and secure
Accept sole responsibility for all activities under your account
Notify us immediately of any unauthorized access or security breach

We reserve the right to suspend, terminate, or refuse service to any user who fails to meet eligibility requirements or provides false information.

2.3 Verification Rights

We reserve the absolute right to:

Verify your identity and research credentials before processing any order
Request additional documentation to confirm eligibility
Refuse, cancel, or limit orders at our sole discretion
Require additional undertakings regarding intended use

Fraudulent misrepresentation of your qualifications may result in order cancellation, account termination, and potential legal action.

3. Product Information and Intended Use

3.1 Intended Use Only

ALL PRODUCTS SOLD ON THIS SITE ARE INTENDED EXCLUSIVELY FOR LABORATORY RESEARCH PURPOSES ONLY.

The products are specifically labeled and marketed as:

Research Use Only (RUO)
Not for Human or Animal Consumption
Not for Diagnostic, Therapeutic, or Clinical Use
Not Food, Dietary Supplements, or Cosmetics

Products sold on this Site are NOT:

Approved by the U.S. Food and Drug Administration (FDA) or any equivalent regulatory body
Intended to diagnose, treat, cure, or prevent any disease, illness, or medical condition
Suitable for use as food, beverage, or dietary supplement
Certified or licensed as pharmaceutical or medical products

3.2 Product Descriptions

We endeavor to provide accurate product descriptions, specifications, and pricing. However:

Product listings are subject to change without notice
We do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free
Images are for illustration purposes only and may not reflect exact product appearance
Purity levels and specifications are based on manufacturer data and may vary

3.3 Certificate of Analysis

Where available, Certificates of Analysis (COA) are provided for product verification purposes. The COA represents manufacturer test results at the time of release and does not constitute:

A guarantee of continued stability or purity
Certification for any specific end use
Compliance with any regulatory standard beyond stated research purposes

4. Orders, Pricing, and Payment

4.1 Order Acceptance

All orders are subject to acceptance and availability. We reserve the right to:

Accept or reject any order at our sole discretion
Limit quantities purchased per customer or order
Discontinue any product at any time without notice
Substitute products of equal value if supply issues arise

4.2 Pricing

All prices are listed in U.S. Dollars (USD) unless otherwise specified
Prices are subject to change without notice
Prices do not include applicable taxes, shipping, handling, or customs duties
You are responsible for all applicable taxes and fees in your jurisdiction

4.3 Payment Terms

We accept major credit cards, PayPal, and other payment methods as indicated on the Site
Payment must be received in full before order processing
We use third-party payment processors and do not store your complete payment information
We reserve the right to cancel orders if payment is declined or disputed

4.4 Billing Information

You agree to provide accurate billing information and accept responsibility for all charges incurred under your account.

5. Shipping and Delivery

5.1 Shipping Policy

Orders are processed within 1-3 business days of payment confirmation
Shipping times are estimates only and not guaranteed
We ship to verified addresses only; changes to shipping addresses may delay processing
Risk of loss and title pass to you upon delivery to the carrier

5.2 International Orders

International orders may be subject to customs, duties, and taxes
You are solely responsible for all import fees, duties, and taxes
We are not responsible for delays caused by customs clearance
Some products may be restricted or prohibited in certain countries

5.3 Shipping Restrictions

We do not ship to P.O. boxes for certain products
Adult signature may be required for deliveries
Failed delivery attempts due to incorrect addresses are your responsibility

6. Returns, Refunds, and Cancellations

6.1 Order Cancellation

Orders may be cancelled before shipment with no penalty
Once shipped, orders cannot be cancelled; standard return procedures apply
Cancellation requests must be submitted via email to [orders@pepsmarts.com]

6.2 Returns Policy

Due to the nature of our products, returns are subject to strict conditions:

Return Eligibility:

Requests must be made within 14 days of delivery
Products must be unopened, unused, and in original packaging
Proof of purchase is required
Products that have been opened, used, or tampered with are NOT eligible for return

Non-Returnable Items:

Opened or used products
Products not in original condition or packaging
Products labeled as "final sale" or "non-returnable"
Temperature-sensitive products (unless defective)

6.3 Refunds

Approved refunds are processed within 7-10 business days
Refunds are issued to original payment method
Shipping and handling fees are non-refundable
Return shipping costs are your responsibility unless return is due to our error

6.4 Damaged or Defective Products

Report damaged or defective products within 48 hours of delivery
Provide photographic evidence of damage
We will arrange for replacement or issue store credit at our discretion
Failure to report within 48 hours may void your claim

7. Use Restrictions and Prohibited Activities

7.1 Prohibited Uses

You agree NOT to use products purchased from this Site:

For human or animal consumption, ingestion, or injection
For any medical, diagnostic, or therapeutic purpose
As food, beverage, dietary supplement, or cosmetic
In any manner that violates applicable federal, state, or local laws
For self-administration or use by non-qualified individuals
For any illegal, unethical, or unauthorized purpose

7.2 Prohibited Activities

You agree NOT to engage in:

Violating any applicable law, regulation, or third-party rights
Impersonating any person or entity
Providing false, misleading, or fraudulent information
Attempting to circumvent product restrictions or age verification
Redistributing, reselling, or transferring products to prohibited parties
Using automated systems or bots to access the Site
Interfering with the Site's operation or security
Uploading viruses, malware, or other harmful code
Scraping, harvesting, or extracting data without authorization

7.3 Consequences of Violation

Violations may result in:

Immediate termination of your account
Cancellation of pending orders
Forfeiture of any payments made
Legal action for damages or criminal prosecution
Reporting to law enforcement authorities

8. Disclaimer of Warranties

8.1 "As Is" Basis

THE SITE AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

8.2 No Warranty

WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

Merchantability: No warranty that products are merchantable or fit for a particular purpose
Fitness for Purpose: No warranty that products will meet your specific requirements
Non-Infringement: No warranty that the Site or products do not infringe third-party rights
Title: No warranty that you have clear title to purchased products
Accuracy: No warranty that product descriptions, pricing, or other content is accurate or complete
Continuous Availability: No warranty that the Site will be continuously available or error-free
Security: No warranty that the Site is free of viruses or other harmful components

8.3 Product Warranty

Products are sold without any expressed or implied warranty
We do not guarantee product stability beyond stated expiration dates
Storage conditions outside our control may affect product quality
Certificate of Analysis does not constitute a product warranty

9. Limitation of Liability

9.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEPSMARTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

9.2 Direct Damages

Our total cumulative liability for any claims arising from or related to:

The Site or Services
Any products purchased
These Terms

SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9.3 Excluded Damages

WE SHALL NOT BE LIABLE FOR:

Loss of profits, revenue, business, or goodwill
Cost of substitute products or services
Loss of data or information
Personal injury or property damage
Death resulting from product use or misuse
Any damages arising from your violation of these Terms
Any damages arising from improper storage, handling, or use of products
Any third-party claims arising from your activities

9.4 Applicability

Some jurisdictions do not allow limitations on implied warranties or exclusion of liability for certain damages. If these laws apply, our liability shall be limited to the maximum extent permitted.

10. Indemnification

10.1 Indemnity Obligation

You agree to indemnify, defend, and hold harmless PepSmarts, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, representatives, suppliers, and successors (collectively, "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs).

10.2 Covered Claims

This indemnification covers claims arising from:

Your breach of any provision of these Terms
Your violation of any applicable law, regulation, or third-party rights
Your misuse, improper handling, or unauthorized use of any product
Your provision of false, misleading, or fraudulent information
Your negligent or wrongful acts or omissions
Any claim that your use of products infringes third-party rights
Any claim related to adverse events, injuries, or damages from product use

10.3 Procedure

You shall:

Provide prompt written notice of any claim
Grant us control over defense and settlement negotiations
Cooperate fully in the defense of any claim
Not settle any claim without our prior written consent

11. Regulatory Compliance Responsibility

11.1 User Responsibility

YOU BEAR SOLE AND COMPLETE RESPONSIBILITY FOR:

Ensuring that your purchase, possession, and use of products complies with all applicable federal, state, local, and international laws and regulations
Obtaining any necessary licenses, permits, certifications, or authorizations required by your jurisdiction
Complying with all applicable import and export regulations
Maintaining proper research protocols, safety standards, and disposal procedures
Reporting any adverse events or incidents according to applicable regulations
Ensuring products are used only by qualified laboratory professionals in appropriate settings

11.2 No Compliance Guarantee

We make no representations or warranties:

Regarding the legality of any product in your specific jurisdiction
That products comply with any specific regulatory framework
That you are authorized to purchase or possess any product

11.3 Restricted Jurisdictions

Products may not be shipped to jurisdictions where possession or use is prohibited
It is your sole responsibility to verify ordering and delivery legality
We reserve the right to refuse shipment to any location at our discretion

12. Intellectual Property

12.1 Our Intellectual Property

All content, designs, logos, trademarks, and materials on the Site are owned by PepSmarts or our licensors
You may not use, reproduce, distribute, or create derivative works without authorization
PepSmarts name and logo are trademarks protected by law

12.2 Product Labels

Product labels and identifiers are for reference only
You may not remove, alter, or obscure product labels or identification marks

12.3 Third-Party Rights

Product names and identifiers may be trademarks of their respective owners
We do not claim ownership of third-party intellectual property

13. Privacy and Data Protection

13.1 Privacy Policy

Your privacy is important to us. Please review our Privacy Policy which explains how we collect, use, and protect your personal information.

13.2 Data Accuracy

You are responsible for ensuring the accuracy of all personal information provided. False or misleading information may result in order cancellation and account termination.

13.3 Communication Consent

By creating an account or making a purchase, you consent to receive:

Order confirmation and shipping notifications
Account-related communications
Marketing communications (where applicable, with opt-out options)

14. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

Natural disasters, acts of God, or extreme weather
War, terrorism, riots, or civil unrest
Government actions, embargoes, or sanctions
Pandemics, epidemics, or public health emergencies
Labor disputes, strikes, or shortages
Power outages, internet disruptions, or infrastructure failures
Supplier or carrier failures

Performance shall resume when the force majeure event is resolved.

15. Dispute Resolution

15.1 Governing Law

These Terms and any disputes shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

15.2 Jurisdiction

Any legal action or proceeding arising from these Terms shall be brought exclusively in the federal or state courts located in Delaware, and you hereby consent to personal jurisdiction in such courts.

15.3 Arbitration

Notwithstanding the above, either party may elect binding arbitration for smaller claims as permitted by applicable law.

15.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

15.5 Time Limit

You agree that any claim must be filed within one (1) year of the event giving rise to the claim, or such claim shall be permanently barred.

16. Modifications to Terms

16.1 Right to Modify

We reserve the right to modify, update, or change these Terms at any time without prior notice.

16.2 Continued Use

Your continued use of the Site after any modification constitutes acceptance of the updated Terms.

16.3 Notification

We will post a notice of material changes on the Site and update the "Last Updated" date. Your responsibility to review Terms periodically is acknowledged.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable:

The remaining provisions shall continue in full force and effect
The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable
The parties shall negotiate in good faith to replace the invalid provision

18. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of:

That provision or any other provision
Our right to enforce that provision in the future
Any subsequent breach

19. Entire Agreement

These Terms, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and PepSmarts regarding your use of the Site and purchase of products.

No prior representations, warranties, or agreements not included herein shall be binding unless in writing and signed by both parties.

20. Contact Information

For questions regarding these Terms of Service, please contact us:

PepSmarts

Website: www.pepsmarts.com
Email: legal@pepsmarts.com
Customer Support: support@pepsmarts.com
Orders: orders@pepsmarts.com

BY ACCESSING OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE EXIT THIS SITE IMMEDIATELY.