1. Introduction
1.1. These terms and conditions (“Terms”) govern your use of www.marcelschagen.com (the “Website”), operated by Marcel Schagen / Biotainment (“we,” “us,” or “our”), located in Solwerderstraat 64, 9901BG, Appingedam, The Netherlands
1.2. By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy [Link to your Privacy Policy]. If you do not agree with any part of these Terms, you must not use the Website.
2. Definitions
2.1. “User” or “you” refers to any person accessing or using the Website.
2.2. “Content” refers to any text, graphics, images, audio, video, software, data compilations, page layout, underlying code, and other forms of information capable of being stored in a computer that appears on or forms part of this Website.
2.3. “Services” refers to any services offered by us through the Website.
3. Use of the Website
3.1. You may use the Website for lawful purposes only. You must not use the Website in any way that breaches any applicable local, national, or international law or regulation.
3.2. You agree not to: * Misuse or attack our Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. * Attempt to gain unauthorized access to our Website, the server on which our Website is stored, or any server, computer, or database connected to our Website. * Attack our Website via a denial-of-service (DoS) attack or a distributed denial-of-service (DDoS) attack.
3.3. We reserve the right to suspend, restrict, or terminate your access to the Website at any time without notice if we reasonably believe you have breached these Terms.
4. Intellectual Property Rights
4.1. Unless otherwise indicated, all Content on the Website is owned by or licensed to us and is protected by applicable intellectual property laws, including copyright and trademarks.
4.2. You may view, download (for caching purposes only), and print pages from the Website for your own personal, non-commercial use, subject to the restrictions set out below and elsewhere in these Terms.
4.3. You must not: * Republish material from this Website (including republication on another website). * Sell, rent, or sub-license material from the Website. * Show any material from the Website in public. * Reproduce, duplicate, copy, or otherwise exploit material on our Website for a commercial purpose. * Edit or otherwise modify any material on the Website.
5. Limitation of Liability
5.1. To the maximum extent permitted by law, we exclude all representations, warranties, and conditions relating to our Website and the use of this Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose, and/or the use of reasonable care and skill).
5.2. Nothing in these Terms will: * Limit or exclude our or your liability for death or personal injury resulting from negligence. * Limit or exclude our or your liability for fraud or fraudulent misrepresentation. * Limit any of our or your liabilities in any way that is not permitted under applicable law. * Exclude any of our or your liabilities that may not be excluded under applicable law.
5.3. The limitations and exclusions of liability set out in this section and elsewhere in these Terms govern all liabilities arising under the Terms or in relation to the subject matter of the Terms, including liabilities arising in contract, in tort (including negligence), and for breach of statutory duty.
5.4. We will not be liable for any loss or damage of any nature.
6. Accuracy of Content
6.1. We make reasonable efforts to ensure that the Content on the Website is accurate and up-to-date. However, we do not warrant that the Content is free from errors or omissions.
6.2. We reserve the right to make changes to the Content at any time without notice.
7. Links to Other Websites
7.1. The Website may contain links to third-party websites. These links are provided for your convenience only, and we do not endorse the content of such websites.
7.2. We have no control over the content of third-party websites and accept no responsibility for them or for any loss or damage that may arise from your use of them.
8. Privacy and Cookies
8.1. Our Privacy Policy [Link to your Privacy Policy] sets out how we process your personal data and our use of cookies. By using the Website, you consent to such processing and warrant that all data provided by you is accurate.
9. E-commerce
9.1. If you purchase goods or services through our Website, specific terms and conditions relating to those purchases will apply. These will be made available to you before you complete your order.
9.2. You have the right to withdraw from a distance contract within 14 days without giving any reason, in accordance with the EU Consumer Rights Directive. Information about your right of withdrawal, including the conditions, time limit, and procedures for exercising the right, will be provided to you before the conclusion of the contract.
10. Governing Law and Jurisdiction
10.1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of The Netherlands
10.2. The courts of The Netherlands shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims). If your primary residence is in another EU member state, you may also be able to bring proceedings in your member state.
11. Amendments to These Terms
11.1. We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
12. Contact Us
12.1. If you have any questions about these Terms, please contact us at: * Email: hello@marcelschagen.com or via mail at Address:
Biotainment, Marcel Schagen
Solwerderstraat 64
9901BG Appingedam,
The Netherlands
Key EU Law Considerations Included (but require your specific implementation and legal review):
- Clear Identification: Your company name and address are required.
- Privacy Policy Link: A clear link to your GDPR-compliant Privacy Policy is essential.
- Consumer Rights: If you sell goods or services online, you need to address the right of withdrawal under the EU Consumer Rights Directive.
- Governing Law and Jurisdiction: While you can choose your national law, remember that EU consumer protection laws may still apply, and consumers may have the right to bring claims in their own member state.
- Accessibility: While not explicitly in the text, ensure your website and terms are accessible to users with disabilities.
- Transparency: The language used should be clear, understandable, and easily accessible to your users.