Terms of Service

1. Acceptance of Terms

Welcome to XichenPep, operated by Nanjing Xichen Biotech Co., Ltd. ("we", "our", "us"). By accessing or using this website at xichenpep.com (the "Site"), submitting an inquiry, requesting documentation, or otherwise engaging in business communications or transactions with us (collectively, the "Services"), you ("you", "User", "Buyer") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms"). If you are acting on behalf of a company or other legal entity, you represent and warrant that you have the necessary authority to bind that entity to these Terms.

If you do not agree to any part of these Terms, you must not use the Site or our Services. We reserve the right to modify these Terms at any time, with modifications becoming effective upon posting. Your continued use of the Services following any such modifications constitutes your acceptance of the updated Terms.

2. Definitions

In these Terms, unless the context otherwise requires:

• "Products" means cosmetic peptides and any related materials, documentation, or services listed on the Site, sourced and supplied by us through third-party manufacturers with documented qualifications.
• "Supplier" means a third-party peptide synthesis facility or laboratory contracted by XichenPep following documented qualification checks, to manufacture Products to agreed specifications.
• "Order" means a buyer's offer to purchase a specified quantity of Products, which becomes binding upon our written acceptance through a proforma invoice, order confirmation, or equivalent instrument. XichenPep contracts as the seller and coordinates Supplier production scheduling and delivery.
• "Documentation" means Certificates of Analysis (COA), Safety Data Sheets (SDS/MSDS), Technical Data Sheets (TDS), and any technical support materials we provide on a case-by-case basis. Such documentation is issued by Suppliers; we check it for consistency with the order before providing it.
• "Business Communication" means all written correspondence between the parties relating to product inquiries, specifications, pricing, and order management, conducted via Site forms, email, or mutually agreed written means.

3. Website Use & Access

You agree to use the Site solely for legitimate B2B procurement purposes. You must not: (a) use the Site for any unlawful or unauthorized purpose; (b) interfere with or disrupt the security, integrity, or performance of the Site; (c) use any automated means, including crawlers, bots, or data mining tools, to access, scrape, or extract data from the Site without our prior written consent, other than standard search-engine indexing of publicly available pages; (d) upload or transmit any malicious code, viruses, or other harmful components.

We reserve the right to restrict, suspend, or terminate your access to the Site or any Services at any time at our sole discretion, including where we reasonably believe you have violated these Terms.

4. Product Information & Regulatory Disclaimer

All product descriptions, specifications, purity claims, CAS numbers, and technical data presented on the Site are based on Supplier certification documents. We check the documentation supplied with each batch for consistency with the product specifications and order details; we do not ourselves carry out laboratory testing. While we make commercially reasonable efforts to ensure accuracy, such information may be updated at any time without notice. Definitive specifications for any given order shall be those stated in the Supplier-issued Certificate of Analysis (COA) for that specific batch.

Important Limitation: Our Products are supplied as cosmetic ingredients for use in topical formulations only. Nothing on this Site shall be construed as authorizing the use of Products for human injection, ingestion, clinical diagnosis, or the treatment or prevention of any disease. The Buyer and end-user are solely responsible for: (i) ensuring Products comply with cosmetic regulations and standards in their jurisdiction; (ii) conducting appropriate formulation safety assessments; (iii) complying with all applicable import/export controls and chemical registration requirements. We make no representation or warranty, express or implied, regarding such regulatory compliance matters.

5. Intellectual Property

Unless otherwise explicitly stated, all content on the Site — including but not limited to text, product descriptions, technical data compilations, logos, graphics, page design, and underlying code — is the intellectual property of XichenPep or its licensors and is protected by the copyright, trademark, and database laws of the People's Republic of China and applicable international treaties.

You are granted a limited, non-exclusive, non-transferable license to access and temporarily cache content on the Site solely for the purpose of evaluating and purchasing our Products. You may not reproduce, republish, distribute, modify, create derivative works from, or otherwise exploit Site content for commercial purposes except with our prior written consent.

6. User Obligations & Prohibited Conduct

In using our Services, you agree to: (a) provide accurate, truthful, and complete business information, including valid company details and legitimate procurement intent; (b) maintain the confidentiality of any login credentials or access codes (if any) provided to you; (c) promptly notify us of any changes to your registration information or authorized representatives; (d) comply with all applicable export control laws, economic sanctions, and international trade regulations.

You further agree not to, in any form: (a) misrepresent your affiliation with any person or entity; (b) use the Services for any fraudulent, unlawful, or deceptive activity; (c) resell or redistribute product information or documentation obtained through the Site without authorization; (d) interfere with our operations through repetitive, false, or harassing inquiry submissions.

7. Inquiries & Transactions

Products displayed on the Site do not constitute a binding offer for sale, but rather an invitation for you to submit an inquiry (invitatio ad offerendum). All product information, specifications, and availability status are provided for reference only and do not constitute a supply commitment.

Pricing, payment methods, shipping terms, delivery schedules, and all other commercial conditions are negotiated and agreed upon offline between the parties via email or other written means. Any binding transaction arrangement is formed only upon written confirmation by both parties (such as a countersigned proforma invoice or order confirmation). XichenPep reserves the right to accept or decline any inquiry at its sole discretion.

XichenPep is responsible for Supplier qualification checks, procurement coordination, and documentation verification. Product manufacturing, testing, and primary packaging are performed by contracted Suppliers. Unless otherwise agreed in writing, the Buyer pays XichenPep directly, and XichenPep settles with the Supplier.

8. Limitation of Liability

To the maximum extent permitted by law, XichenPep and its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, punitive, or consequential loss or damage (including but not limited to loss of profits, loss of revenue, business interruption, loss of goodwill, or business closure) arising out of or in connection with these Terms or the use, supply, or handling of any Products, whether such liability arises in contract, tort (including negligence), breach of statutory duty, or otherwise, even if advised of the possibility of such damages. XichenPep sells the Products as seller and exporter, and the Products are manufactured by contracted Suppliers. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

In no event shall XichenPep's total aggregate liability to the Buyer for any and all claims — whether considered individually or in the aggregate — exceed the amount paid or payable by the Buyer to XichenPep for the specific product batch to which the liability relates. Where a product defect is proven to result from Supplier manufacturing fault, XichenPep will use commercially reasonable efforts to assist the Buyer in seeking recourse against the Supplier, but our liability cap shall not be affected thereby. This limitation is a bargained-for allocation of risk between the parties.

9. Indemnification

The Buyer agrees to indemnify and hold harmless XichenPep and its affiliates from and against any and all third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) the Buyer's breach of these Terms; (b) the Buyer's unauthorized or improper use, handling, modification, relabeling, or resale of supplied Products; (c) the Buyer's failure to comply with applicable cosmetic regulations or import requirements for Products in its jurisdiction; (d) the Buyer's gross negligence or willful misconduct.

10. Force Majeure

XichenPep shall not be liable for, and shall not be deemed in default of, any delay or failure to perform obligations under these Terms directly or indirectly resulting from events beyond our reasonable control ("Force Majeure Events"), including but not limited to: acts of God, war (declared or undeclared), acts of terrorism, civil unrest, epidemics or pandemics, fire, flood, earthquake, governmental action or regulatory change, export or import embargoes, transportation disruptions, and critical shortages of raw materials or utilities.

If a Force Majeure Event persists for more than 90 calendar days, either party may terminate the affected Order by written notice to the other without further liability beyond amounts due for goods already delivered.

11. Governing Law & Dispute Resolution

These Terms and any dispute, claim, or obligation arising out of or in connection with them (including non-contractual disputes) shall be governed by and construed in accordance with the laws of the People's Republic of China, excluding its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to transactions under these Terms.

Any dispute arising out of or in connection with these Terms shall first be resolved through good-faith negotiation between the parties. Failing resolution within 60 days of the commencement of negotiations, the dispute shall be referred to and finally resolved by arbitration administered by the Shanghai International Economic and Trade Arbitration Commission (SHIAC) in accordance with its arbitration rules then in effect. The seat of arbitration shall be Shanghai, and the language of arbitration shall be English. The arbitral award shall be final and binding upon both parties.

12. Termination

We reserve the right to terminate or suspend your access to the Site and Services at any time, without prior notice, including but not limited to where we reasonably determine that you have violated any provision of these Terms or have engaged in conduct detrimental to our commercial interests. Termination of Site access does not affect the performance of any transaction obligations already agreed upon in writing between the parties prior to termination.

Those provisions of these Terms that by their nature should survive termination — including but not limited to the sections on Intellectual Property, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution — shall survive termination indefinitely.

13. Changes to Terms

We may amend these Terms from time to time. Any changes will become effective upon the posting of the revised version on the Site. We may, but are not obliged to, notify material changes through a notice on the Site or, where an ongoing customer relationship exists, by email. It is your responsibility to review these Terms periodically.

14. General Provisions

• Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitral tribunal of competent jurisdiction, that provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
• No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us.
• Entire Agreement: These Terms, together with any order confirmation, proforma invoice, or quality agreement expressly agreed to in writing by both parties, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior understandings, representations, or agreements, whether oral or written. Supplier-issued batch Certificates of Analysis (COA) form part of the product quality specifications but shall not be deemed to modify or supplement these Terms.
• Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms without your consent to an affiliate or in connection with a business acquisition.
• Relationship: Nothing in these Terms shall be deemed to create a partnership, joint venture, agency, or employment relationship between the parties. Each party is an independent contractor.