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Term and Conditions – LabFinder

 

Welcome to LabFinder!

These are the terms and conditions for:

By registering as a Supplier, providing content and publishing products through the listings available on the platform, you agree to be bound by these Terms and Conditions and our Privacy Policy. In these terms and conditions, “we”, “us”, “our” and LabFinder refer to LabFinder and “you” and “your” refer to you, the LabFinder Supplier.

The following terms and conditions apply to your use of the platform as a Supplier. This includes the mobile and tablet versions, as well as any other version of LabFinder accessible via desktop, mobile, tablet, social media or other devices.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING, PUBLISHING INFORMATION OR OBTAINING ANY SERVICE FROM THE PLATFORM.

 

  1. ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of LabFinder. By registering and using the platform, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the platform and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on the platform. You agree to be bound by any modification to this terms and conditions when you use LabFinder after any such modification is posted; it is therefore important that you review this agreement regularly.

You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. LabFinder may, in its sole discretion, refuse to offer the services to any Supplier and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.

The platform may only be used in accordance with these conditions and with all applicable local, national and international laws, rules and regulations, especially with the law of Switzerland and the European Union.

By registering and using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

 

  1. SUPPLIERS

By registering on the platform as a Supplier, you declare that you accept and agree to the conditions included in this agreement for the purpose of creating and publishing your user profile, activating products and brands, appearing in user searches, being contacted by users and receiving quotation requests.

In consideration of your use of the Platform as a Supplier, you represent that you are of legal age to form a binding contract under any applicable jurisdiction. You also agree to: (a) Provide true, accurate, current and complete information about yourself, your company, your products and brands as requested in the registration form available on LabFinder. (b) Maintain and promptly update the registration data to keep it true, accurate, current and complete. (c) To hold the commercial rights or licences to publish the products and brands on the platform. (d) Provide true and accurate contact details and a valid website. If we have reasonable grounds to suspect that such data is false, inaccurate, not current or incomplete, LabFinder reserves the right to suspend or terminate your account, remove your products and brands from the platform and refuse any current or future use of the service (or any part thereof) at any time and without notice.

You represent and warrant that the products and brands you post through the listings available on the platform comply with all applicable laws and regulations.

Suppliers may share personal and commercial information through the platform with users. Users may access and contact Suppliers through each Supplier’s profile, access the Supplier’s contact details and visit the Supplier’s website.

Suppliers will be able to configure their account and set what information is published on our platform. Any information that Suppliers share through the platform is the sole responsibility of the Suppliers themselves. Suppliers are free to share information, but they are responsible for the use of such information, its publication and disclosure. LabFinder is not responsible for the information published and shared through the platform. The information you provide and publish through the platform will be visible to the general public.

 

  1. ACCOUNT

If you register on LabFinder, you will be required to choose a password, and you may be asked for additional information regarding your account. Your account will be password protected. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify LabFinder of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from LabFinder. LabFinder will not be liable for any loss or damage arising from your failure to comply with this agreement.

By providing LabFinder with your email address and phone number you consent to our use of your email address to send you notices about the service and products. We may also use your email address and phone number to send you notifications, push notifications and other messages, such as changes to service features, news, and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the “unsubscribe” option in the emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or special content.

Suppliers may cancel their accounts at any time and for any reason by sending us their request through our contact information. That termination will only result in the deletion of the account and the deletion of all the personal data granted to LabFinder.

LabFinder reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if LabFinder believes that you have breached any of these terms, furnished LabFinder with false or misleading information, or interfered with use of the platform or the service by others.

 

  1. REQUESTS

Users can search for Suppliers, products and brands through the platform by searching for Supplier information directly or by searching for products and brands in the categories available on the platform. Suppliers will appear in the search performed by users according to the products and brands they have activated during registration and set in their profile settings. Users will be able to select the Supplier in the search and submit a request.

Users can submit quote requests, information requests and contact requests. When a user sends a request to the Supplier through his user profile, LabFinder will immediately send the request together with the user’s contact details to the corresponding Supplier. The Supplier will be able to answer to the request with a quotation, with the requested information or to contact the client to negotiate and finalize the purchase and sale of the products.

LabFinder is committed and obliged to send the requests to the corresponding Supplier and not to other Suppliers. The requests made through the platform and the negotiations and deals agreed between the Suppliers and the clients are the sole and exclusive responsibility of the Suppliers. Suppliers shall be obliged to respond to requests transmitted through the platform. If the user selects several Suppliers to send the request, the Suppliers will receive the requests individually and will not be able to know if the user has sent other requests to other Suppliers.

 

  1. SUBSCRIPTIONS

In order to publish their profile, products and brands and receive requests from users through the platform, Suppliers must purchase an annual subscription. The annual subscription not only provides access to all the functionalities of the platform, but also gives the Supplier access to the LabFinder SHOP, where the Supplier can publish and offer its products. By purchasing the annual subscription, suppliers will have the possibility to book banners in different locations on the platform for an additional fee. Please refer to our price list on the website for the price of banner publication.

Subscriptions have a fixed duration period. Subscriptions will have a duration period of 1 calendar year and will start on 1 January and end on 31 December. The subscription price is fixed and will not vary depending on the month in which the subscription is purchased by the supplier.

When a Supplier purchases a subscription, the Supplier agrees and declares to purchase the subscription for the price advertised on the platform. Please check the price and features of the subscription before making the purchase.

When a user purchases a subscription, LabFinder will send a confirmation email. This confirmation email will be produced automatically so that the user has confirmation of the payment and the start of the subscription. If the Supplier does not receive the email, it is possible that it has been sent to their spam folder.

Subscriptions may include automatic recurring payments. The Supplier authorises LabFinder to renew your subscription automatically and to charge you periodically and progressively on each billing date. On the subscription billing date, all applicable fees for the next subscription period will be automatically charged. Subscription charges will be charged through the payment method selected by the Supplier during registration.

Subscriptions will automatically renew for an additional period (1 year) unless the Supplier cancels the subscription with 1 months’ notice. If the Supplier does not wish to renew the subscription for the following calendar year, the Supplier shall cancel the subscription by the end of November at the latest, thereby preventing the Supplier from renewing the subscription in January of the following year. If the user does not cancel the subscription 1 month in advance, the subscription will be automatically renewed and the corresponding value of the annual subscription will be charged to the Supplier.

The cancellation of the subscription can be done through send us the cancellation request through our contact information. Subscription cancellations are definitive, if a subscription is cancelled and the Supplier wishes to reactivate the subscription, a new subscription must be purchased.

LabFinder may change or discontinue the availability of subscriptions at any time at its sole discretion. If a subscription is cancelled, any payment made for the subscription will be refunded. This does not affect your statutory rights.

 

  1. FEES AND PAYMENTS

Suppliers may be subject to the following fees and payments:

Annual subscription fee: this fee will be charged at the time of registration and purchase of the subscription and will be charged to the Supplier in case of renewal of the subscription each calendar year. In case of subscription renewal, the subscription renewal fee will be charged during the first 15 days of January of each year. Please refer to our price list for the annual subscription fee.

LabFinder SHOP: suppliers must pay a commission of 50 CHF for each product published in any category within the platform. Suppliers will have to pay 25 CHF for each additional category. Each product can be published in up to 4 different categories. The above fees will be available during the first year of publication. Fees may be subject to change after 1 year. LabFinder will send the corresponding invoice to the Supplier each month or billing date to each Supplier’s email address. The billing date may be determined by LabFinder. LabFinder reserves the right to remove the products from the listings and suspend the service if the Supplier does not pay the corresponding invoice within the term established in the invoice. If you find any inconsistencies in your billing, please contact us through our contact details.

Banners: By purchasing the annual subscription, suppliers will have the possibility to book banners in different places of the platform for an additional fee and increase the exposure of their products. Consult the fees and prices of the banners in our price list.

 

  1. CREATING AND MANAGING YOUR PROFILE

Your profile must include complete, accurate and current information about the company, the product assortment and the products published in LabFinder’s SHOP. The Supplier is responsible for keeping the information and content of its profile and listings updated and accurate at all times.

 

  1. INDEPENDENCE OF SUPPLIERS

LabFinder does not direct, represent or control the Suppliers’ Products offered through the platform. The Supplier agrees that it has full discretion in deciding whether to offer the products through the listings available on the platform and at what time it publishes and offers these products. The Supplier may determine the price of the products it offers and publishes through the platform.

 

  1. DISCLAIMER

The products and brands published by Suppliers through the listings available on the platform are not offered or provided by LabFinder. LabFinder’s services are limited to provide the platform to offer such products and brands and to facilitate the search of Suppliers and the sending of requests to Suppliers. LabFinder is not responsible at any time for the products offered by the Suppliers, nor for the negotiations or business established by the users or the Suppliers from the communications established in LabFinder or from the sending of quotations requested through the platform.

LabFinder is not responsible for the accuracy, security or legality of the products, brands or contents published in LabFinder by the Suppliers. LabFinder is not responsible for the information and content that Suppliers show through their profile. The information and content that the Suppliers configure and show in their profiles are the sole and exclusive responsibility of the Suppliers.

The quotation requests and all the information contained in the quotation requests are exclusive responsibility of the Suppliers and the users who contact the Suppliers and send the requests. LabFinder is not responsible for the quotation requests nor for the negotiations and business deals established according to the content and information of such quotations requested by the users through LabFinder.

LabFinder is not responsible for damages to the physical or moral integrity of persons, such as illnesses, side effects, injuries, death or any other physical or psychological damage that may be caused to a physical person, as a consequence of the use of products and brands offered through the platform by the Suppliers. The Supplier is solely and exclusively responsible for the products it publishes and offers through the platform.

The communications and relationships established between Suppliers and users as a result of any connection within the platform are the sole and exclusive responsibility of the Suppliers and users.

In the event that one or several third parties initiate any type of claim or legal action against LabFinder or any Supplier or Suppliers, each and every one of the Suppliers involved in such claim or action exempt LabFinder from any responsibility.

 

  1. THIRD-PARTY MATERIALS.

“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

 

  1. LICENSE TO USE THE PLATFORM

LabFinder gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the platform provided to you by LabFinder as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by LabFinder, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

The Supplier agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the Supplier agrees not to partake in any conduct or action that could damage the image, interests or rights of the LabFinder platform or third parties.

This service prohibits sending of messages, that: (1) Any kind of messages that are catalogued as SPAM. (2) Are harassing, abusive, defamatory, obscene, in bad faith, unethical or otherwise illegal content (3) distribute trojans, viruses or other malicious computer software (4) Any message with political or religious content (5) Any message with obscene or offensive content  (6) Are intending to commit fraud, impersonating other persons, phishing, scams, or related crime (7) distribute intellectual property without ownership or a license to distribute such property (8) Breach, in any way, the terms of service, privacy policy or rules of this platform or the recipients.

LabFinder reserves the right to terminate your access immediately, with or without notice, and without liability to you, if LabFinder believes that you have violated any of these terms or interfered with the use of the platform or service by others.

 

  1. COPYRIGHT

The images provided by the Suppliers, belong to the Suppliers. The copyright and intellectual property rights of the images provided by the Suppliers belong to the Suppliers who authorize LabFinder to publish those images on the platform. Please do not copy or use these images without the respective authorization of the Suppliers.

Any unauthorized use of the Suppliers’ content available on the platform that may cause a copyright infringement is the sole and exclusive responsibility of the infringing third party. LabFinder is not responsible if the Supplier’s content is copied, modified or used in an unauthorized manner by any third party. Any dispute related to copyright infringement of the Suppliers’ content available on the platform will be resolved between the owner of such content and the infringing third party.

All materials on LabFinder, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by LabFinder or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on LabFinder are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without LabFinder prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize LabFinder or any part of the material for any purpose other than its intended purposes is strictly prohibited.

 

  1. USER CONTENT

Some features of the platform may allow Suppliers to provide content. The Supplier retains any copyrights that the Supplier may have in the content it provides through the listings available on the platform. LabFinder is not responsible for the accuracy, safety or legality of the content of the products published on the platform by the Suppliers. The Supplier is solely and exclusively responsible for its content and the consequences of its publication. By providing content and publishing products through the platform, the Supplier grants LabFinder a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce and modify the Supplier’s content for the sole purpose of displaying the Supplier’s content to the public through the platform.

 

  1. USER CONTENT REPRESENTATIONS AND WARRANTIES

LabFinder declines all responsibility in relation to the Supplier’s content (products published through the listings available on the platform). The Supplier is solely responsible for the content and the consequences of providing content through the platform. By providing content through the platform, you affirm, represent and warrant that:

  1. a) You are the creator and owner of the content you provide to LabFinder through the platform or have the necessary licenses, rights, consents and permissions to authorize LabFinder to use, display and distribute your content to the public through the platform in the manner contemplated by LabFinder and these Terms.
  2. b) Your content does not (i) infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right; (ii) libel, defame, slander or invade the right of privacy, publicity or other proprietary rights of any other person; or (iii) cause LabFinder to violate any law or regulation.
  3. c) Your content could not be considered by LabFinder as objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing or hateful.
  4. d) Your content will not contain hateful content, threat of physical harm or harassment towards a person or a group of people.

 

  1. USER CONTENT DISCLAIMER

LabFinder may, at any time and without prior notice, filter, remove, edit or block any Supplier content that, in our judgment, violates these Terms or is otherwise objectionable. If a Supplier or content owner notifies us that Supplier content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Supplier content, which we reserve the right to do at any time and without notice. You acknowledge and agree that LabFinder reserves the right to, and may from time to time, monitor any and all information transmitted or received through the service for operational and other purposes. If at any time LabFinder decides to monitor content, LabFinder continues to assume no responsibility or liability for the content or any loss or damage incurred as a result of the use of the content. During monitoring, information may be examined, recorded, copied and used in accordance with our Privacy Policy.

 

  1. PERSONAL DATA

Any personal information you post or submit in connection with the services and use of the platform will be used in accordance with our Privacy Policy. Please see our Privacy Policy.

 

  1. PROHIBITED ACTIVITIES

The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to LabFinder or licensed to the LabFinder by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the platform. In addition, the following activities are prohibited:

  • Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by LabFinder.
  • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
  • Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  • Deep-link to any portion of the services for any purpose without our express written permission.
  • “Frame”, “mirror” or otherwise incorporate any part of the services into any other platforms or service without our prior written authorization.
  • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by LabFinder in connection with the services.
  • Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any Content.
  • Download any Content unless it’s expressly made available for download by LabFinder.

 

  1. DISCLAIMER OF WARRANTIES

LabFinder will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person’s services.

Because of the nature of the Internet LabFinder provides and maintains the platform on an “as is”, “as available” basis and makes no promise that use of the platform will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our platform may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse LabFinder for any loss or damage caused as a result.

LabFinder will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, LabFinder excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to LabFinder and LabFinder shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on the platform.
  • The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platformor any product or service purchased through the 
  • Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
  • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a Supplier’s computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from LabFinder.
  • All representations, warranties, conditions and other terms which but for this notice would have effect.

 

  1. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by LabFinder for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

 

  1. INDEMNIFICATION

You agree to defend and indemnify LabFinder from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Your use of the LabFinder platform.

 

  1. CHANGES AND TERMINATION

We may modify the platform and these terms and conditions at any time. LabFinder will inform Suppliers of such changes and they will be posted through informational notices on the platform and legal documents available on the platform. You are responsible for keeping yourself informed of these terms or any changes made to the platform. Your continued use of the platform constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified. All changes to these Terms apply to all Suppliers who register on the platform. In addition, we may terminate our agreement with you under these Terms at any time by notifying you in writing (including by email).

 

  1. ASSIGNMENT

This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LabFinder without restriction.

 

  1. INTEGRATION CLAUSE

This agreement together with the Privacy Policy and any other legal notices published by LabFinder, shall constitute the entire agreement between you and LabFinder concerning and governs your use of the platform and the services.

 

  1. DISPUTES

The requests and all the information contained in the requests are exclusive responsibility of the Suppliers and the Clients. LabFinder is not responsible for the content of the requests, nor for the negotiations and business established based on the content and information of such requested information and quotations sent to the Suppliers through LabFinder. Any dispute arising between the Suppliers and the Clients due to the content of the information, quotations or business established between the Suppliers and the Clients shall be settled between the parties. LabFinder will not attend claims nor can it be sued for the contents of the proposals sent to the Suppliers through the platform nor can it be sued for the negotiations or business established by the Suppliers and the Clients based on the contents of the proposals sent to the Suppliers through the platform.

In case one or several third parties initiate any kind of claim or legal action against any Supplier or Suppliers, each and every one of the Suppliers involved in such claim or action exempt LabFinder from any responsibility.

In the event a dispute arises in connection with the breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. LabFinder may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform and the products posted and offered through the listings available on the platform.

 

  1. FINAL PROVISIONS

These terms and conditions are governed by the laws of Switzerland and the European Union. Use of LabFinder platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

 

  1. CONTACT INFORMATION

If you have questions or concerns about these terms, the products or the service, please contact us through our contact page or via the contact information below:

LabFinder GmbH
Heiligholzstrasse 77
4142 Münchenstein
Switzerland

info@labfinder.ch

 

30.10.2021