Qogita

Terms & Conditions

Published On . Entered Into Effect .

Qogita's House Rules

The following terms and conditions apply to all interactions on Qogita's platform. By interacting with the platform you are agreeing to be bound by these terms and conditions and all applicable laws and regulations. If you do not agree with any or all of these terms, you are prohibited from using or accessing Qogita. The materials contained in this website are protected by applicable copyright and trademark laws. The details provided in Qogita's Help section are part of the terms and conditions and may be used interchangeably.

Interpretation And Identity

Qogita interprets the terms and conditions as follows:

  • All orders accepted by Qogita EU BV, Qogita UK Ltd, and TiquibNL BV (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 which you may seek to introduce, unless otherwise expressly agreed to in writing by Qogita.
  • Qogita reserves the right to alter these terms and conditions of sale at any time at its own will.

Qogita's summary company details:

Registered Address

Voorschoterweg 29, Valkenburg 2235 SE, The Netherlands

Tax Details

Netherlands VAT Number
NL860001982B01

Netherlands EORI Number
NL860001982

UK VAT Number
GB378624947

UK EORI Number
GB378624947000

Bank Details

€-Only Bank Details
IBAN
NL72ABNA0844051845
BIC
ABNANL2A

Multi-Currency Bank Details
IBAN
BE75967031659651
BIC
TRWIBEB1XXX

Terms Of Payment

Qogita maintains the following terms in relation to payment for goods sold:

  • Payment must be made in advance, upon checkout, unless written agreement to the contrary has been expressly granted by Qogita.
  • All payments not received when payable will be considered overdue. In such a case, Qogita is entitled to charge interest at the rate of 10% plus the Eonia overnight rate per annum from when the payment becomes due until the amount is paid in full.
  • The Buyer shall bear any and all fees related to payment of the agreed amount.

Price Of Products

Qogita maintains the following terms for the price of goods:

  • The price of the goods shall be the quoted price shown at checkout. Qogita reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the goods in order to reflect any material increase in the cost to Qogita which is due to any factor beyond the control of Qogita.
  • Prices shown on Qogita are exclusive of any applicable Value Added Tax (VAT) unless otherwise specified. Qogita will charge the Buyer VAT at checkout if required by law. Qogita shall use the Buyer's provided and verified VAT number and shipping address for this purpose.
  • Qogita is free to change the prices shown on the platform as frequently as desired, and may do so without providing its Buyers prior notice.

Shipment And Delivery

Qogita maintains the following general terms for shipments and delivery of goods:

  • Delivery of goods is made through a shipping carrier, facilitated by the Seller, or Qogita. Qogita typically notifies the Buyer upon dispatch of goods.
  • Unless otherwise confirmed in writing, goods will be delivered to the shipping address provided at checkout. The Buyer’s responsibility is to accept delivery of goods and collect goods from a collection point in cases where a delivery attempt has failed.
  • Orders with a final destination outside the UK and EU, are ex-works only, and the Buyer is responsible for arranging transportation of the goods from our NL-warehouse to the desired destination. Qogita is not responsible for the Buyer’s failure of arranging such transit and will not accept claims for this purpose.
  • Qogita maintains a minimum order value of €1.5K below which orders will not be accepted. Qogita is free to change the minimum order value at will.
  • Qogita reserves the right to wholly or partially cancel an order if (i) it so desires without prejudice to any other right or if (ii) some or all of the goods are deemed undeliverable. In case of cancellation, Qogita aims to refund the paid amount to the Buyer, within ten business days of cancellation. Once an order has been placed, the Buyer relinquishes the right to cancel the order under any circumstance.

In addition to the above terms:

  • By default, goods are sold and shipped Ex-Works and uninsured for damaged, lost, missing, and suspected stolen items. It is the choice and responsibility of the Buyer to purchase insurance directly from Qogita. If the Buyer opts out of purchasing insurance from Qogita at checkout, the Buyer relinquishes the right to claim for damaged, lost, missing, or suspected stolen items.
  • Lead and processing times mentioned across Qogita's platform are approximate and cannot be guaranteed.
  • Any dates quoted for delivery of the goods are approximate and cannot be guaranteed. Qogita shall not be liable for any delay, irrespective of the cause. The goods may also be delivered in advance of the quoted delivery date.
  • Should the Buyer receive ordered goods in quantities greater than ordered, or additional goods otherwise not ordered:
    • The Buyer's responsibility is to notify Qogita no later than ten business days after final invoice issuance.
    • In cases where Qogita issues a Final Invoice prior to delivery, the Buyer's responsibility is to notify Qogita no later than ten business days after delivery.
    • Qogita reserves the right to offer additional goods at an additional cost or request that the goods are returned at an expense to the Buyer.

Risk And Property

Qogita maintains the following terms for risk to and property of goods sold:

  • Risk of damage to, or loss of, goods will pass to the Buyer once said goods either: a. have been collected by the Buyer from an agreed-upon address; or b. have been provided to the relevant shipping carrier by the Seller or Qogita.
  • All goods sold on Qogita's platform are sold and shipped on an Ex-Works basis to the Buyer unless the buyer chooses to purchase insurance from Qogita at checkout. For uninsured shipments, Qogita’s liability ends once goods are handed to the courier. For insured shipments, Qogita’s liability ends after the first delivery attempt.
  • Notwithstanding delivery and the passing of risk of said goods to the Buyer, full ownership of the goods will remain with Qogita until such time as Qogita has received in cash or cleared funds payments of the full purchase price of the goods (including but not limited to any additional costs such as shipping, commission and any payment fees).
  • Qogita deems all orders final, irrespective of payment status.

Product Information

  • All images across Qogita's platform are for illustrative purposes only.
  • Qogita cannot guarantee all relevant information is properly displayed on all screen sizes.
  • The Buyer is advised to access Qogita on a large-screen desktop when placing products in the cart or proceeding to checkout.
  • Qogita considers the GTIN as primary distinguishing factor for products. GTIN variation is allowed for substantial product similarities such as product brand, name, and volume.
  • Brands frequently update their product line versions without updating the related GTINs. As a result of this practice, a specific GTIN may have various versions.
  • Qogita cannot guarantee that the product version displayed in images across our platform is the version the Buyer will receive upon delivery.
  • Qogita deems all orders final, irrespective of payment status.

Shopping Preference (EU Only vs. Worldwide)

  • The Buyer's responsibility is to ensure their desired shopping preference is selected when using Qogita's platform.
  • Should the Buyer receive items contradictory to their shopping preference:
    • If the Buyer desires to claim for their order, the Buyer's responsibility is to notify Qogita no later than ten business days after final invoice issuance.
    • In cases where Qogita issues a Final Invoice prior to delivery, If the Buyer desires to claim for their order, the Buyer's responsibility is to notify Qogita no later than ten business days after delivery.
  • The Buyer's responsibility is to check that the items they receive are suitable for sale in the location they intend to sell them.
  • Qogita takes no responsibility for any potential repercussions of a Buyer's sale of unauthorized goods, intentional or otherwise.
  • Shopping Preference is relative to a Seller's location and their agreement to provide goods suitable for a particular region.
  • An item's suitability for a Buyers Shopping Preference isn't solely defined by dispatch location. Sellers may utilize worldwide warehouses providing that this does not contradict any product restrictions.

Claims And Refunds

  • For orders where the Buyer chooses not to purchase insurance at checkout, the Buyer relinquishes the right to return or claim in cases of damaged, lost, missing, or stolen goods.
  • Should the Buyer desire to claim for their order:
    • The Buyer's responsibility is to notify Qogita no later than ten business days after final invoice issuance.
    • In cases where Qogita issues a Final Invoice prior to delivery, the Buyer's responsibility is to notify Qogita no later than ten business days after delivery.
  • Qogita reserves the right to refuse all claims requested beyond the given timeframe, irrespective of any insurance purchased by the Buyer.
  • Qogita reserves the right to request a signed affidavit and supporting evidence.
  • Qogita reserves the right to request further supporting evidence where the provided evidence isn't sufficient.
  • Qogita reserves the right to reject a claim in cases where the Buyer refuses or fails to provide requested supporting evidence or signed affidavit within the supplied timeframe.
  • Upon notice to the Buyer that their claim is being investigated, the typical time frames provided are approximate and cannot be guaranteed. Qogita is not bound by any time frames to provide a decision or refund.
  • Qogita reserves the right to issue any approved refund for claims into the Buyers wallet (extricable wallet) or in Qogita credit (inextricable wallet.)
  • Administrative and operational costs, such as shipping costs and payment fees, are only refunded in some circumstances and provided at the discretion of Qogita.
  • Qogita reserves the right to refrain from conversation pertaining to any claim during the investigative process and following Qogita's final decision.

Insolvency Of Buyer

If any or all of the following points hold:

  • The Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order, (being an individual or firm) becomes bankrupt (being company) goes into liquidation otherwise than for the purpose of amalgamation or reconstruction; or
  • On encumbrance takes possession, or a receiver is appointed to any of the property; or assets of the Buyer; or
  • The Buyer ceases, or threatens to cease to carry on business; or
  • Qogita reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer.

Then without prejudice to any other right or remedy available to Qogita:

  • Qogita shall be entitled to cancel outstanding orders or suspend any further deliveries without any liability to the Buyer, and if any goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary

Force Majeure

Qogita will not be liable for any failure to perform which is due to Force Majeure. As used here the term "Force Majeure" means any event beyond the reasonable control of Qogita including but not limited to:

  • fire, flood, earthquake, explosion, inclement weather or unforeseeable natural occurrence or accident;
  • strikes, lock-outs, work-to-rule, or other labor disputes;
  • war, civil unrest, acts of vandalism, or other violence;
  • any law, order, proclamation, regulation, ordinance, demand or requirement of any government agency, civil or military authority;
  • global pandemics;
  • delay, cancellation or disruption of travel arrangements;
  • illness or injury to personnel;
  • any pre-emption, failure, degradation or severance of any facility or equipment that Qogita has procured for the provision of business.

Sell First, Pay Later

Qogita provides the Buyer the option to pay part of its invoices accrued on the platform in monthly installments (i.e., on credit) as described in Qogita's Sell First, Pay Later scheme. To this end, Qogita reserves the right to:

  • Reject providing credit if it so deems appropriate or prudent.
  • To change the terms of providing credit at will.

In case 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 annul the credit provision. The Buyer should note the following additional terms as well:

  • This credit facility is meant for professional merchants only. In case The Borrower is considered a consumer or non-professional, The Borrower is prohibited from requesting such credit.
  • Although the monthly payments are usually charged automatically, the Buyer remains responsible for ensuring repayment occurs by the due date if the automatic payment fails to come through on time, irrespective of the cause.
  • Credit received as part of the Sell First, Pay Later scheme is independent from 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.
  • The order and credit issuance are completely separate and independent transactions.

Non-Disclosure Agreement

Information contained on Qogita is assumed to be not known to the general public ("Confidential Information"). Qogita protects its Confidential Information against unauthorized use and disclosure. As such, you agree that:

  • all Confidential Information will remain Qogita's exclusive property
  • you will use Confidential Information only to evaluate potential purchases from Qogita
  • you will not disclose Confidential Information to any individual, company or other third parties
  • you will notify Qogita immediately upon discovery of any unauthorized use of Confidential Information or any breach of this agreement
  • upon Qogita's request, you will deliver to Qogita all materials containing Confidential Information and, at our option, provide Qogita with a written certification of compliance

You also agree that you will not disclose information about Qogita that is confidential or proprietary to you or any other person or company.

Modifications

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.

Governing law

The agreement, these general terms and conditions, and any non-contractual obligations in connection with it, are governed exclusively by Dutch law, with the exclusion of the Vienna Convention for the International Sale of Goods.

Disputes

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.