Published On . Entered Into Effect .
The following terms and conditions apply to all interactions on Qogita's platform. Buyers agree to be bound by these terms and conditions and all applicable laws and regulations by interacting with the platform. You are prohibited from using or accessing the platform if you do not agree with any or all of these terms.
The materials contained in this website are protected by applicable copyright and trademark laws. Qogita's Help Center and amendments thereto are considered part of these terms and conditions as if incorporated herein. Qogita reserves the right to amend and update its terms and conditions and help center without prior notice.
The Buyer may not rescind (ontbinden) its agreement to these terms and conditions in its entirety or part. The Buyer may not suspend (opschorten) compliance with its obligations under or in connection with these terms and conditions on whatever grounds.
Qogita interprets the terms and conditions as follows: All orders accepted by Qogita EU BV, Qogita UK Ltd, Qogita USA Inc, or Qogita Finance B.V. (hereinafter together referred to as "Qogita") and all quotations accepted by the Buyer are subject to the following terms and conditions, which shall prevail over any other terms or conditions, unless otherwise expressly agreed to in writing by Qogita. Qogita reserves the right to alter these terms and conditions at any time at its own will.
Qogita's summary company details:
Chamber of Commerce Registrations
Qogita maintains the following terms in relation to payments for goods sold:
Qogita maintains the following terms for the price of goods:
Qogita maintains the following general terms for shipments and delivery of goods:
Qogita maintains the following terms for risk to and property of goods sold:
Qogita maintains the following terms for product information across its platform and communications:
The Buyer's responsibility is to ensure their desired shopping preferences are selected each time they log in to use Qogita's platform to ensure that the items they buy are suitable for sale in the Buyer's intended resale market. Maintenance updates to Qogita's platform may reset a buyer's shopping preferences. Qogita shall not be held liable for any consequences should the Buyer fail to ensure their preferences are correct before placing an order.
The Buyer is responsible for checking that the items they receive are suitable for sale in the intended market of sale; Qogita takes no responsibility for any sale of unauthorized goods, intentional or otherwise, by the Buyer.
Should the Buyer receive items contradictory to their shopping preferences, the Buyer may be eligible for a refund subject to Qogita's terms and conditions. Notification period requirements apply.
Qogita’s Shipping coverage is an optional service that offers the Buyer protection against the risk of physical loss or damage to parcels from external causes during transportation, in accordance with the terms set out below.
Subject to coverage rates as defined by Qogita on its website, the Buyer shall, at its sole discretion, choose at checkout whether to purchase the coverage. The Buyer is not allowed to cancel the coverage cover subsequently. Qogita cannot provide the Buyer with advice on the suitability of the coverage.
The Buyer agrees to pay Qogita a service fee as compensation for the coverage against the risk of physical loss or damage to parcels from external causes in line with the terms of this coverage. The charged service fee, alongside any VAT (if applicable), is as specified at the time of checkout and is automatically included on the related invoice. The Buyer understands and agrees that they are ultimately responsible for ensuring all payment is made on time. Failure to do so may result in the Buyer's account on Qogita being blocked.
Compensation for recoverable losses is subject to Qogita's terms and conditions, as well as the general exclusions below:
Each coverage applies to a single order and the goods under that order. At the sole discretion of Qogita, some additional restrictions may apply, depending on the invoice shipping address.
By taking out the proposed coverage, the Buyer confirms that it has provided Qogita will all facts and circumstances that may be material to the provision of the coverage.
For orders where the Buyer chooses not to purchase insurance at checkout, Qogita reserves the right to refuse any returns or claims in cases of damaged, lost, missing, or stolen goods relating to the order.
Should the Buyer desire to claim for their order:
At checkout, Qogita provides the Buyer with several options to defer payment (i.e., on credit) under Qogita's Sell First, Pay Later scheme as set out below. To this end, Qogita reserves the right to:
If Qogita (i) rejects to provide credit or (ii) deems it necessary to change the credit terms, the Buyer will be notified in advance and given the option to repay any outstanding amounts in full immediately to annul the credit provision.
The Buyer agrees to pay the full amount as specified on all invoices issued to them by Qogita by the due date listed on the invoice. It is the Buyer's responsibility to ensure payment is received by Qogita on time. Failure to do so may result in the order being considered overdue and the Buyer's account on Qogita being blocked. All repayments are allocated first to the late payment fee, then to the deferral fee, and only then to the rest of the outstanding amount.
Qogita's Sell First, Pay Later service shall only apply to parties that do not qualify as a "consumer" or "sole proprietor" under the Dutch Civil Code. If the Buyer qualifies as a "consumer" or "sole proprietor", they are prohibited from receiving any credit, loan, advance, or similar payment terms. The Buyer hereby declares that they do not qualify as a "consumer" or "sole proprietor" as defined in the Dutch Civil Code. Should it be found otherwise, access to this Service will immediately be terminated, and all outstanding amounts will be due for payment.
Subject to pre-approved ranges as defined by Qogita on its website, the Buyer shall choose at checkout the amount to be paid immediately (the "Prepaid Amount") and the corresponding amount of payment to be deferred (the "Deferred Amount"). Qogita may change the ranges unilaterally after the date of checkout.
Subject to pre-approved options as defined by Qogita on its website, the Buyer shall choose at checkout the duration of deferral (the "Payment Term") for payment of the Deferred Amount. The Buyer agrees to pay Qogita for the full outstanding Deferred Amount on or before the date linked to the Payment Term selected and specified at checkout (the "Due Date"). Qogita may change the options unilaterally after the date of checkout.
If the Buyer has made an error (heeft gedwaald) in relation to these terms of service above, it shall bear the risk of that error.
Concurrently, the Buyer agrees to pay Qogita a service fee as compensation for deferring payment in line with the service provided. The service fee and any VAT (if applicable) are automatically included in the Deferred Amount. The service fee charged depends on various factors, including the Payment Term and Prepaid Amount, which the Buyer has selected. The service fee charged is as specified at checkout, included on the related invoice, and is visible in the credit history section of the Buyer's dashboard on the Qogita website.
If, for any reason, the Buyer does not pay any or all of the Deferred Amount on or before the Due Date; the Buyer shall be in default. In such case, Qogita may, without providing further notice, declare all outstanding amounts immediately due and payable and demand full and immediate payment of all outstanding amounts invoiced to the Buyer. Qogita shall also be entitled to cancel outstanding orders or suspend any further deliveries without any liability to the buyer as well as use all and any payments from the Buyer against the overdue balance of the Buyer. Additionally, the Buyer shall pay an additional late payment fee on the remaining unpaid balance every day the payment is delayed.
In case of default, in addition to the aforementioned late payment fees, Qogita may seek assistance from (i) debt collectors, (ii) lawyers, or (iii) any other professional adviser. The fees paid to these parties will be added to the outstanding and unpaid balance to be repaid by the Buyer.
Credit received as part of the Sell First, Pay Later scheme is independent of the order or transaction made on Qogita. The Buyer acknowledges that all credit received must be repaid in full, irrespective of any potential disputes with Qogita, including on any outstanding support/refund claims. The order and credit issuance are wholly separate and independent transactions.
If any or all of the following points hold:
Then without prejudice to any other right or remedy available to Qogita:
Qogita will not be liable for failure to perform due to Force Majeure. The term "Force Majeure" means any event beyond the reasonable control of Qogita, including but not limited to:
Information on Qogita is assumed to be unknown to the general public ("Confidential Information"). Qogita protects its Confidential Information against unauthorized use and disclosure. As such, you agree that:
You also agree that you will not disclose information about Qogita that is confidential or proprietary to you or any other person or company.
All communication will be conducted via the Buyer's email address and telephone number provided or the Buyer's dashboard on the Qogita platform. Communication conducted via this medium will be deemed received, read, and legally binding.
Qogita is free to revise these terms and conditions at any time and without notice. By using Qogita's platform, you agree to be bound by the then current version of its Terms and Conditions.
The Buyer understands and agrees that they are ultimately responsible for repaying all outstanding amounts invoiced, including any interest, VAT, and fees, and are liable in case of default.
The Buyer shall bear full responsibility for their provided information, including but not limited to the Buyer's company name, address, VAT number, and contact email. If it is found that the Buyer provided wrong information, whether intentional or not, Qogita is allowed to declare all outstanding amounts invoiced immediately due and payable and demand full and immediate payment of all outstanding amounts invoiced.
Qogita may (i) assign (overdragen) its rights under any invoice or (ii) transfer its legal relationship (rechtsverhouding) under any invoice (in each case, either in its entirety or in part) to another person. The Buyer hereby cooperates in anticipation of any assigning of rights or transfer of the legal relationship.
If and to the extent that any provision of these terms and conditions is held to be illegal, void, or unenforceable, this shall not affect the validity of the other provisions of these terms and conditions.
The agreement, these general terms and conditions, and any non-contractual obligations in connection with it are governed exclusively by Dutch law, excluding the Vienna Convention for the International Sale of Goods.
The Amsterdam District Court has exclusive jurisdiction to settle all disputes in connection with the relation between Qogita and the Buyer and these general terms and conditions, including disputes concerning its existence, validity, and any non-contractual obligations. Any disputes will be resolved following proceedings in English before the Chamber for International Commercial Matters ("NCC”), to the exclusion of the jurisdiction of any other courts. An action for interim measures, including protective measures, available under Dutch law may be brought in the NCC in Summary Proceedings ("CSP”) in English. Any appeals against NCC or CSP judgments will be submitted to the Amsterdam Court of Appeals Chamber for International Commercial Matters.