TERMS AND CONDITIONS

BUYERS USE OF PRODUCTS

Products of FreshChems are for laboratory research purposes only and are not to be used for any other purposes, including but not limited to: in-vivo diagnostic purposes, in foods, drugs, medicinal devices or cosmetics for humans or animals, for any commercial purposes or the production of illicit drugs. No FreshChems products are intended by their manufacturer for human use or consumption. The chemical, physical, and toxicological properties of these chemicals have not been fully investigated and are not guaranteed. The Buyer acknowledges that the products have not been tested by FreshChems for safety and efficacy in food, drugs, medical devices, cosmetics, commercial or any other use. The Buyer expressly represents and warrants to FreshChems that the Buyer will properly test, use, manufacture and market any products purchased from FreshChems and/or materials produced with products purchased from FreshChems in accordance with the practices of a reasonable person who is an expert in the field and in strict compliance with all applicable laws and regulations, now and hereinafter enacted. The Buyer further warrants to FreshChems that any material produced with products from FreshChems shall not be adulterated or misbranded and shall not constitute materials which are prohibited from being traded.

The Buyer has the responsibility to verify the hazards and to conduct any further research necessary to learn the hazards involved in using products purchased from FreshChems. The Buyer also has a duty to warn the Buyer’s customers and any auxiliary personnel (such as freight handlers, etc.) of any risks involved in using or handling the products. The Buyer agrees to comply with instructions provided by FreshChems relating to the use of the products and to not misuse the products in any manner. If the products purchased from FreshChems are to be repackaged, relabelled or used as starting material or components of other products, the Buyer will verify FreshChems’s assay of the products. No products purchased from FreshChems shall, unless otherwise stated, be considered to be foods, drugs, medical devices or cosmetics.

Furthermore, any customer of FreshChems declares to take full responsibility for any purchases (made now and in the future) of any product or service from FreshChems.



INTERNATIONAL USE

FreshChems makes no claims that the products offered may be lawfully purchased outside of the Netherlands. Purchasing the offered products may not be legal by certain persons or in certain countries. If you purchase the offered products from outside of the Netherlands, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the Netherlands, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts within the Netherlands. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.



WEBSITE

As a condition of your use of the FreshChems website www.FreshChems.shop, you warrant to FreshChems that you will not use the FreshChems website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the FreshChems website in any manner which could damage, disable, overburden, or impair said website or interfere with any other party’s use and enjoyment of the FreshChems website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the FreshChems website. FreshChems reserves the right, in its sole discretion, to terminate your access to the FreshChems website and the related services or any portion thereof at any time, without notice.



NAME AND LOGO

User agrees not to use the name of FreshChems or its logo for any promotional or commercial purpose or any other purpose without the prior written consent of FreshChems.



HOLD HARMLESS AGREEMENT

The customer hereby acknowledges the following: that the chemicals and/or supplies purchased may have hazardous properties; and that he/she is legally entitled to receive these materials. In consideration for the sale of the offered chemicals and/or supplies to the undersigned, the buyer agrees as follows:

FreshChems makes no warranties of any kind, express or implied, that the chemicals and/or supplies are merchantable or that they are fit for any particular purpose.

In no event shall the FreshChems, or FreshChems’s heirs and assigns, be liable for consequential damages, nor shall FreshChems’s liability on any claim for damages arising out of or connected with the sale, delivery, or use of the chemicals and/or supplies exceed the purchase price of the chemicals and/or supplies.

The buyer will not use the chemicals and/or supplies in violation of any local, state, or federal law.

The original customer, successors and assigns, agrees to hold the FreshChems harmless from and will indemnify FreshChems from damages caused by the use of the chemicals and/or supplies.

FreshChems warrants that its products shall conform to the description of such products as provided to the Buyer by FreshChems through FreshChems’s catalogue, analytical data or other literature. FreshChems’s warranties made in connection with this sale shall not be effective if FreshChems has determined, in its sole discretion, that the Buyer has misused the products in any manner, has failed to use the products in accordance with industry standards and practices, or has failed to use the products in accordance with instructions, if any, furnished by FreshChems.

That the conditions above apply equally to all current, past, and future purchases. This disclaimer applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action.

You agree to defend, indemnify, and hold harmless FreshChems, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from your use of FreshChems’ services or your breach of the terms of these Terms and Conditions. In other words, you hereby acknowledge that any purchase shall be done at your own risk.



PRIVACY STATEMENT

FreshChems located in The Netherlands, is responsible for the processing of personal data as explained in this privacy statement.

Contact information:

https://FreshChems.shop

office@FreshChems.shop



Personal data processed by FreshChems

FreshChems processes your personal data because you make use of our services and/or because you provide us with this data yourself.

Please find a summary of the personal data we process as follows:

– First and last name

– Date of birth

– ID Number

– Address information

– Telephone number

– E-mail address

– Other personal data that you actively supply, for instance by creating an account on our website, in e-mail and telephone correspondence

– Bank account number

– Cryptocurrency addresses and transaction IDs involved in payments



Special and/or sensitive personal data that we process

Our website and/or service does not have the intention to collect data on visitors of our website under the age of 18 unless they have permission of their parents or legal guardian. We can, however, not verify whether a visitor is over the age of 18. We therefore recommend that parents are involved with the online activities of their children, to prevent the collection of data on children without parental consent. If you believe that we have collected personal data on a minor, please contact us at office@FreshChems.shop and we will delete this information.



For what purpose and on what grounds we process personal data

FreshChems processes your personal data for the following purposes:

– Processing your payment

– Sending out our newsletter and/or catalogues

– Calling or e-mailing you in case this is required to perform our services

– Informing you on changes in our products and services

– Offering you the possibility to create an account

– To deliver goods and services to you

– FreshChems also collects personal data when required to do so by law



Automated decision-making

FreshChems does not make decisions based on automated processing on issues that could have (considerable) consequences for individuals.



Duration of personal data storage

FreshChems stores your personal data for as long as is necessary to realise the purposes for which your data is collected. The following storage periods are kept for the following categories of data:

Personal data is kept for as you are a customer of FreshChems When the business relationship ends, we will keep the data for as long as is required by law.



Sharing personal data with third parties

FreshChems does not sell your data to third parties and only supplies data when this is necessary for the execution of our agreement with you or to comply with a legal obligation. We will make a processing agreement with any company that processes your data to ensure a similar level of security and confidentiality of your data. FreshChems remains responsible for the processing.

Cookies, or similar technologies, that we use

FreshChems only uses technical and functional cookies, as well as analytical cookies that do not invade your privacy. A cookie is a small text file that is saved on your computer, tablet or smartphone when you first visit a website. The cookies we use are necessary for the technical functioning of the website and for user convenience. They make sure the website functions properly, as well as saving your preferential settings. This also allows us to optimise our website. You can change the settings of your internet browser in such a way that it will no longer saves cookies. You can also delete all information that was previously stored through the settings of your browser.



Viewing, changing or deleting data

You have the right to view, correct or delete your personal data. Furthermore, you have the right to retract your possible permission for the data processing or object to the processing of your data by FreshChems BV, as well as the right to data portability. This means that you may request us to transfer the information we have on you in a computer file to you or an organisation designated by you.

You may send your request to view, change or transfer your personal data or to retract your permission for, or object to the processing of your personal data to office@FreshChems.shop.

To be sure the request to view the data is made by you, we will ask you to send a copy of your ID with your request. Please black out your photograph, MRZ (Machine Readable Zone, the line with numbers at the bottom of the passport), passport number and citizen ID number. This is to protect your privacy. We will respond as soon as possible, but within 4 weeks, to your request.

FreshChems would also like to inform you that you have the possibility to file a complaint with the national supervisor, the ‘Autoriteit Persoonsgegevens’. This can be done via the following link: https://autoriteitpersoonsgegevens.nl/nl/contact-met-de-autoriteit-persoonsgegevens/tip-ons



How we protect personal data

FreshChems takes the protection of your data seriously and takes appropriate measures to counter abuse, loss, unauthorized access, unwanted publication and unauthorized changes. Should you be under the impression that your data is not properly secured, or there are signs of abuse, please contact our customer service or via office@FreshChems.shop.