Table of Contents:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The Agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of right of withdrawal
Article 9 – The price
Article 10 – Conformity and Warranty
Article 11 – Delivery and performance
Article 12 – Duration transactions: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions
Article 1 – Definitions
In these conditions the following definitions apply:
Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity
Day: calendar day;
Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation or use during a period that has been agreed to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Long-term transaction: a distance agreement with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Right of withdrawal: the consumer's option to waive the distance agreement within the cooling-off period;
Entrepreneur: The natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby, up to and including the conclusion of the contract, only or use is also made of one or more techniques for distance communication;
Article 2 – Identity of the entrepreneur
QuchiQ
Chamber of Commerce: 77704118
VAT NL: NL003231494B40
Address:
Email address: info@quchiqcom
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between entrepreneur and consumer
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumerIf this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they can be read by the consumer can be stored in a simple manner on a durable data carrierIf this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that applies to him in the event of conflicting general terms and conditions. is most favorable
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer
The offer contains a complete and accurate description of the products and/or services offeredThe description is sufficiently detailed to enable a proper assessment of the offer by the consumerIf the entrepreneur uses images, these are a true representation of the products and / or services offeredObvious mistakes or errors in the offer do not bind the entrepreneur
Pictures with products are a true representation of the products offeredEntrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offerThis concerns in particular:
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically.As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environmentIf the consumer can pay electronically, the entrepreneur will take appropriate security measures
The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contractIf, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing after-purchase service;
the information included in Article 4 paragraph 2 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of an indefinite duration
In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery
Article 6 – right of withdrawal
When purchasing products, the consumer has the option of dissolving the contract without giving reasons during 14 daysThis cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
During the cooling-off period, the consumer will handle the product and the packaging with careHe will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 – Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs of return will be borne at most.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation.
Article 8 – Exclusion of right of withdrawal
If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
that have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
that cannot be returned;
that can spoil or age quickly;
for loose newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal
for hygienic products of which the consumer has broken the seal
Article 9 – The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices.This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
these are the result of statutory regulations or provisions; or
the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect
The prices stated in the offer of products or services include VAT
All prices are subject to printing and typesetting errorsNo liability is accepted for the consequences of printing and typesetting errorsIn the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price
Article 10 – Conformity and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing conditions on the date of the conclusion of the agreement. statutory provisions and/or government regulations
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after deliveryReturn of the products must be in the original packaging and in new condition
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise careless treated or contrary to the instructions of the entrepreneur and/or treated on the packaging; the materials used
Article 11 – Delivery and performance
The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company
With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery periodIf the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order.In that case, the consumer has the right to dissolve the agreement without costsThe consumer is not entitled to compensation
All delivery times are indicativeThe consumer cannot derive any rights from any stated termsExceeding a term does not entitle the consumer to compensation
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item availableAt the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be deliveredFor replacement items right of withdrawal can not be excludedThe costs of a possible return shipment are for the account of the entrepreneur
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise
Article 12 – Duration transactions: duration, cancellation and renewal
The consumer can cancel an agreement that has been entered into for an indefinite period at any time with due observance of the agreed cancellation rules and a notice period of no more than one month
A contract that has been entered into for a definite period has a maximum term of two yearsIf it has been agreed that the distance contract will be extended if the consumer remains silent, the contract will be continued as an agreement for an indefinite period of time and the notice period after continuation of the contract will be a maximum of one month.
Article 13- Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 working days after the start of the cooling-off periodIn the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement
The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure
Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time, after the consumer has discovered the defects
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receiptIf a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge
Article 15 – Disputes
On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law appliesEven if the consumer lives abroad
Article 16 – Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier