Disclaimer

By using this website you agree to the applicability of the Conditions as stated below. These Conditions are subject to change. We therefore advise you to periodically check the Conditions for changes.
Click at the link at the bottom of this page to save these Conditions to your computer. At request, a copy of the Conditions will be sent by regular mail.

Website Terms of Use and General Terms and Conditions myDNA

Definitions
The terms as stated below in capital letters in these General Terms and Conditions and in any Supplementary Terms and Conditions which may be applicable shall mean the following:
“Visitor”: the visitor to the Website;
“Customer”: the visitors to the Website who have entered into an Agreement with myDNA;
‘Confirmation”: a notice in which an ordering request for the manufacture of an art piece by myDNA is confirmed;
“Services”: all services which are provided by myDNA, including, but not limited to, art manufacturing and art trading;
“myDNA”: myDNA, Poststraat 7, 9712 ER Groningen; E-mail: info@my-dna.com; General phone number: ;
“Information”: the information or advice provided on or through the Website or in the scope of the provision of Services to Customers;
“Materials”: ideas and/or materials, including, but not limited to, texts, images, sounds, software, and information;
“Agreement”: the agreement between myDNA and the Customer, on the basis of which myDNA provides Services to the Customers;
“Conditions”: the Website terms of use and the supplementary conditions of myDNA as stated below;
“Website”: the website of myDNA at www.my-dna.com.

Applicability
These Conditions are applicable to:
(i) the visit to and the use of the generally accessible part of the Website;
(ii) the information provided to Visitors and Customers in the scope of (the Website of) myDNA;
(iii) the Agreement;
(iv) the Services; and
(v) the other relations between myDNA and the Visitor or Customer. Services are not intended for:
(vi) business and commercial purposes, such as the exercise of a profession, the conduct of a business, or the activities performed by a commercial association;
If a Customer nevertheless uses (a part of) the Services for these purposes, he/she does so at his/her own risk. myDNA assumes no responsibility for any damages such a Visitor may suffer as a result of the Services of myDNA myDNA is entitled in such case to immediately discontinue its provision of services, without being under any obligation to award compensation to the Visitor. In such case, the Customer shall not be entitled to claim any reimbursement of payments already effected, nor does it constitute relief to Customer from any unpaid debts incurred before termination of the Agreement. Deviating conditions shall apply exclusively to the extent that these are expressly agreed to in writing by myDNA, and shall apply exclusively to the respective Agreement. Upon termination of an Agreement, these Conditions will continue to govern the relations between parties to the extent that they are necessary for the completion of it.
myDNA reserves the right to revise or supplement these Conditions. The continued use of this Website following the posting of any changes to the Conditions constitutes acceptance of those changes.

Realization Agreement, alteration of Services, and termination by myDNA
An Agreement is realized as follows:
(i) the Visitor orders the said DNA-kit through the Website, or by any other means indicated by myDNA;
(ii) after the Visitor has satisfied all conditions for payment as required by myDNA (including the acceptance of these Conditions), the Visitor receives a Confirmation;
(iii) The Agreement comes into force on the date the Confirmation is mailed to the Visitor by myDNA
myDNA reserves the right to turn down ordering requests, in which case the Visitor is notified as soon as possible. myDNA is entitled at all times to modify, suspend (in whole or in part), or terminate the Services. myDNA is not liable for any costs or damages incurred by the Visitor or Customer as a result of any measures stated in this article. Said measures leave the financial obligations of a Customer in full force and effect. Payments in advance do not have to be reimbursed.
myDNA is entitled to immediately terminate the Agreement and/or deny access in whole or in part, temporarily or not, to the Website and/or Services if:
(i) the information the Customer has provided in the scope of (the acceptance of) the Agreement, is incomplete, incorrect, or not up-to-date;
(ii) the Customer does not have the right to dispose of assets;
(iii) the Customer is in default of payment;
(iv) the Customer uses the Service otherwise than intended, or in conflict with the rights of a third party;
(v) the Customer does not observe, or not fully or sufficiently, one or more of his/her (other) obligations to myDNA
myDNA is entitled to immediately terminate the Agreement and other agreements without any further notice of default or judicial intervention in case a petition for bankruptcy is made against the Customer, the Customer is placed under guardianship, the Customer is placed in administration, the Customer has become eligible for debt restructuring, or in case it is otherwise implausible that the Customer will fulfill the (financial) obligations as arising under the Agreement.
After entering into the Agreement, the Customer has the right to dissolve the Agreement free of charge within 7 days of the Confirmation date if the use of the Services has not commenced within that period.

Obligations Customer
Data
The Customer guarantees that the data he/she provides to myDNA within the scope of the Agreement are complete, correct, and up-to-date.
Instructions and directions
The Customer expressly guarantees that all instructions and directions pertaining to the use of the Website and/or the Services will be followed, and that the Website and/or the Services will not be used in any way that could damage myDNA and/or third parties. By placing an order with myDNA, the Customer declares that his/her DNA material is given up voluntarily.
Legally authorized
The Customer guarantees that he/she is legally authorized to use in any fashion the Website and/or the Services.

Services
myDNA determines the conditions under which the Visitor receives access to the Services. Additionally, myDNA can ask the Visitor to furnish security in case of doubts concerning the creditworthiness of the Visitor. myDNA is entitled to turn down ordering requests if doubts concerning the creditworthiness arise. In such case the Visitor shall be notified as soon as possible.
myDNA does not employ medial experts and is no medical organization. Our employees do not give medical advice nor offer diagnoses. The DNA material is exclusively extracted from mucous obtained from the cheek membrane.
myDNA can not guarantee that the Services will function at all times without limitations or interruptions, partly due to necessary maintenance and the dependence of the Service on the Internet and technologies in development. myDNA strives to remedy interruptions and limitations as speedily as possible, and to limit as much as possible any possible nuisance the Visitor might experience as a result of it.
The Visitor shall attend to the electricity, connections, hardware, (the installation of) software and peripheral equipment, and other provisions required to establish a connection to the Website.
The Visitor is not permitted to initiate or continue processes, which he/she can in all reason presume to be inconvenient to other users of the Internet or to adversely affect the use of the Website and/or the Services.
The Visitor shall not use the Website and/or Services to send spam. Spam is understood to mean: unsolicited or undesired data and/or messages that are sent to multiple recipients to whom the sender is a stranger.

Delivery
Stated delivery times can never be regarded as a deadline, unless explicitly agreed otherwise. myDNA will in all fairness do whatever is possible to realize delivery within the stated delivery time. If myDNA gains knowledge of facts and/or circumstances that impede realization of the delivery on or within the stated delivery time, myDNA will notify the Customer as soon as possible, stating the expected new delivery time. If the delivery, as stated in this article, is prolonged for more than thirty (30) days, the Customer has the right to dissolve the agreement.
The delivery time of the products commences at the place and the time at which the products are ready to be transferred or shipped to you.

Compensations
The prices and compensations published by myDNA on the Website or through other channels apply to the Agreement and to the various Services offered on or through the Website, unless parties have agreed otherwise.
All prices cited by myDNA are listed in euros and include VAT.
myDNA is entitled to unilaterally raise prices. The change only applies to the conclusion of a new agreement.

Payment
The amount the Customer owes to myDNA as result of the agreement, and any other possible amounts owed, will be settled in advance through Pay Square (a safe online payments-system), unless otherwise agreed in writing (in paper or electronic form). The Customer is obligated to provide myDNA with all necessary information, correct and in full. myDNA will carry into effect the Agreement only after all necessary information concerning the authorization has been received by myDNA
If the Customer has not taken care of payment in timely fashion, myDNA will set an additional term for payment. If the amount due is not settled within this additional term, myDNA is entitled to immediately terminate the Agreement, and the Customer is in default without further notice.
If the Customer is in default or if he/she otherwise fails in his/her duty of observing one or more obligations as arising under the Agreement or these Conditions, the Customer shall be charged with all reasonable costs made to receive satisfaction in extrajudicial matters, without prejudice to the consequences the law attaches to such default or failing.
The payments made by the Customer extend in the first place to satisfy any indebted interest and costs, and in the second place to satisfy claimable invoices that are outstanding longest, even if the Customer states that the payment is with respect to a later invoice.
Methods of Payment (Inter)national:
MasterCard, VISA, American Express.

Right to cancel
In case of agreements concluded through the website or in any other form exclusively using electronic communication, the Customer may exercise the right to cancel within seven working days after delivery of the product in question without sustaining a fine and without reasons given.
If the Customer exercises the right to cancel as stated in the previous subsection, myDNA shall see to the reimbursement within 30 days of the amount paid by the Customer to myDNA The costs for returning the product are at the expense of the Customer.

Warranty
myDNA handles the warranty on delivered objects in accordance with factory and/or importer provisions.

Confidentiality, security, data
myDNA makes every effort to take such measures that confidentiality is observed with regard to the Customer’s data, in so far as it is obvious that the Customer desires confidentiality with regard to this data.
myDNA makes every effort to reliably secure the Services and shall take the appropriate technical and organizational measures to achieve this. myDNA does not, however, offer a warranty for the security installed. myDNA is not liable for any damage on part of the Customer or any third parties which may arise in spite of the measures taken by myDNA
If the Customer notices or suspects that a third party has gained improper access to the Website and/or the Services, he/she is compelled to report this in writing to myDNA within five working days. myDNA is not liable for any possible damage such as may arise out of the improper use of the Services.

Links to other websites
The Website may contain links to external Internet pages. myDNA is not liable for the use or the content of Internet pages for which links have been included on the Website or for the use or the content of Internet pages that contain a link to the Website. The cookie and privacy policy (see article 12 below) is not applicable to the collection and processing of a Customer’s personal data on or through these external websites.

Privacy on the Website

Processing of personal data
The personal data as provided on the Website by the Customer is for the most part processed in aggregated form only. In so far as the data is also processed on an individual level, this only occurs with respect to the purpose for which the Customer has provided the data to myDNA, such as the manufacture of the products advertised on the website of myDNA
If an order is placed, myDNA will process personal data, such as name, address, city of residence, and phone number of the Customer. This personal data will be used by myDNA to optimally execute the Agreement, such as maintaining (or to have maintained) the contacts with the Customer, performing (or to have performed) market research, formulating (or to have formulated) Customer profiles, and informing (or to have informed) by regular mail or by email, the Customer of similar products and Services by myDNA, and of our (latest) products and services falling within your area of interest. The personal data of Customers shall not be placed at the disposal of third parties without prior consent, unless there is a legal obligation or a judicial order. If the Customer consents when entering into the Agreement, personal data of the Customer may be used to send information through regular mail and email about products/services of third parties selected by myDNA

Customer cookies and other cookies
On each visit to the Customer area of the Website, myDNA collects information about your use of the Website by means of Customer cookies. A Customer cookie is a small text file containing a random and unique identifier. This text file is sent to your Internet browser from a website, and it is then stored onto your computer's hard drive. It is sent back to the server by your browser each time you access certain sections of the site. This allows the website to recognize your computer. The other cookies are used in order to cater the Website to the needs of the Customers, to make it more user friendly, to guarantee an optimal execution of the Agreement, and also to provide the Customer with information about the services and products of myDNA
By changing the settings of your browser, you may opt to accept cookies, to be informed when a cookie is placed on your computer, or to reject cookies.

Data protection
myDNA maintains a high level of protection for your data so that third parties do not unnecessarily gain access to your data. The data is stored on secure servers which are exclusively accessible to persons who have been expressly authorized. In addition, the building/the buildings in which the servers are located is/are well secured.
Objection and right of access and correction
You can object at all times to the use of your personal data for direct marketing purposes by sending a message to info@my-dna.com. Furthermore, you have the right of access to your personal data.

Intellectual property rights
All rights of intellectual property, which include, but are not limited to, database rights, with respect to the Website and the (results of) Services, such as illustrations, logos, trademarks, analyses, designs, documentation, reports, offers (as well as related groundwork) are asserted by myDNA or its licensor and/or suppliers. The Customer only acquires the user rights and competences that are explicitly attributed to the Customer by these conditions or otherwise, and shall not multiply, make public, access, or re-use the Website or the (results of) Services.
The Customer is not permitted to remove or change any indication concerning copyrights, brands, trademarks, or other (intellectual) property rights with respect to the Website or the (results of ) Services, including indications concerning the confidential nature of the accompanying documentation.

Advertising and liability
You are obliged to check at delivery whether the products meet the requirements as stipulated in the Agreement. If such is not the case, you are compelled to notify myDNA in writing, and motivated, as soon as possible, but at all events within seven (7) working days after delivery, at least after detection in all reason were possible.
If it is demonstrated that the products do not meet the requirements of the agreement, myDNA has the option to at return replace such products with new products or to restitute the invoice value of such products.

Unsolicited ideas and materials
In case the Customer places unsolicited information or materials on the Website, or sends these to myDNA by email or otherwise, myDNA is entitled to use (worldwide), copy and/or exploit commercially this information or these materials, in the widest possible sense without being due (additional) compensation, and myDNA shall not be obliged to keep secret such information or such materials. In addition, you transfer the intellectual property rights on the information or materials to myDNA In so far as a transfer is not possible, or in conflict with any rule of coercive law, you grant myDNA a worldwide, permanent, royalty free, exclusive license to use, make public, multiply, modify, disseminate as if originating from myDNA or a third party or from another name, where myDNA has the right to sublicense this user right, that information or this material.
The Visitor hereby indemnifies myDNA against all damages and costs that myDNA suffers or makes as a result of claims by third parties that the use and/or exploitation of the materials or information violates the (intellectual) property rights of third parties or is otherwise wrongful to a third party.

Export
Relevant export regulations apply to the export of goods by the consumer. The consumer shall indemnify the user against all claims of third parties that are related to violations of the applicable export regulations for which the consumer can be held accountable.

Liability
myDNA is not liable for any damages resulting from the use (or impossibility of the use) of the Website of myDNA, which includes damages sustained as a result of viruses or damages resulting from the incorrectness or incompleteness or non-suitability of Materials or Information. In addition, myDNA is not liable for damages which result from the use of electronic means for communication with (the Website of) myDNA, or other Visitors, which includes damages sustained as a result of non-delivery or delayed delivery of electronic messages, interception of electronic messages by a third party or by software/hardware used for electronic communication and transmission of viruses.
In addition, myDNA is not liable for damages arising from or in connection to the Services that myDNA provides to the Customers.
If it is demonstrated that myDNA is accountable for failing to meet its obligation(s), myDNA is only liable to the Customer for direct damages, which is understood to exclusively mean the damages directly inflected on things (equals physical: may it be stated for the record that this does not include software or computer systems) owned by the Customer. Aforesaid liability is limited to an amount that is no more than equal to the amount that myDNA has received as payment for provided Services, or in connection to the Agreement. Direct damage is understood to mean nothing but the aforementioned. myDNA is excluded from additional liability, on whichever account, for damages the Customer sustains as a result of using the Website or in connection to the Services.
None of the limitations of liability stated in this article are applicable if, and to the extent that, the damage is the result of willfulness or gross negligence by myDNA
The Visitor/Customer indemnifies myDNA against all claims of third parties connected to the use of the Website or the Services by the Visitor/Customer and insufficient compliance of the Visitor/Customer with any obligation against myDNA, as may or may not arise from these Conditions. None of the parties is bound to uphold any obligation if he/she is prevented to do so by circumstances beyond his/her control. Circumstances beyond one’s control are understood to at least include, but are not limited to: delays or failures on part of suppliers; labor strike; work-in; blockades; embargo; government measures; war, revolution, and/or any similar condition; power failures; malfunctions of (electronic) lines of communication and other communication facilities; Internet service interruptions, loss or damage (of data) during transport; fire; explosion; water damage; flooding and/or earthquake.
When such a situation has lasted for more than ninety days, the parties are entitled to terminate the Agreement in writing. That which is already performed on account of the Agreement shall be settled in proportion, without any further mutual debt between parties.

Final articles
myDNA is entitled to transfer to a third party rights and obligations on account of the Agreement, the Services or these Conditions, without consent of the Visitor/Customer. The Visitor/Customer is not entitled to transfer to a third party (any) rights and obligations as arising out of the Agreement, the Services and/or these Conditions, without consent of myDNA
All data with respect to the Services is recorded by myDNA This data or the written reproductions of this data constitutes full proof between myDNA and the Customer, subject to counter evidence provided by the Customer.

Invalidity
In case of the partial invalidity of these Conditions, parties shall remain bound to the remaining part. Parties will replace the invalid parts with conditions that are indeed valid, and which, in view of the content and the tenor of these Conditions, conform to the judicial effects of the invalid part as closely as possible.

Applicable law and qualified judge
These Conditions are exclusively subject to Dutch law. All disputes arising out of these Conditions, including disputes about the existence and validity of these Conditions, will be decided by a qualified judge in Groningen.
The applicability of the Vienna Convention 1980 (CISG) is excluded.