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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 as well as all applicable laws and regulations. If you do not agree with any or all of these terms, you are prohibited from using and/or accessing Qogita. The materials contained in this website are protected by applicable copyright and trademark laws. The details provided in Qogita's FAQ and Help Center sections 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 B.V., Qogita UK Ltd., and TiquibNL 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 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 29aValkenburg, 2235SEThe Netherlands
Tax Details
VAT Number
NL860001982B01
ORI Number
NL860001982
€-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 case, Qogita shall be entitled to charge interest at the rate of 10% plus the Eonia overnight rate per annum from the time when the payment becomes due until the time at which the amount was 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&aposs provided 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 the goods shall be made by the Seller delivering the goods to the Buyer (e.g., through the use of a shipping carrier). Qogita will usually notify the Buyer once the goods have been dispatched.
  • Unless otherwise confirmed in writing, goods will be delivered to the shipping address provided at checkout.
  • 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.
  • 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 shall have the right to cancel the entire order (or part of it) 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 will refund the transferred balance back to the Buyer. Once an order has been placed and paid for, the Buyer will relinquish the right to cancel the order under any circumstance.

In addition to the above terms:

  • Goods are sold Ex-Works (unless otherwise confirmed in writing) and are not insured by Qogita for in-transit loss and/or damage. It is the choice and responsibility of the Buyer to have insurance in place for this.
  • Any dates quoted for delivery of the goods are approximate only and Qogita shall not be liable for any delay of the goods however caused. At times, the goods may also be delivered in advance of the quoted delivery date.
  • Qogita shall have the right to deliver a quantity / value of goods up to 25% more than the ordered quantity / value and the Buyer shall accept so delivered quantity / value provided that the difference in order value shall be adjusted upwards by issuing an additional invoice (followed by an additional payment).

Qogita maintains the following terms in case the Buyer intends to self-collect parcels:

  • The Buyer can choose to collect parcels in person, or by a designated representative (e.g., a shipping carrier), directly from the shipping warehouse(s). While on location, the Buyer will have the chance to check the goods, require any corrections if needed, and when fully satisfied, leave with the products.
  • If the Buyer decides to collect the ordered goods in person, the Buyer should notify Qogita of this desire before placing the order. In such case, Qogita will refund the charged shipping fee within 7 days of ordering. Once notified, the Buyer agrees to collect the products from the relevant warehouse(s) as soon as the products become available. Warehouses are distributed globally and the Buyer agrees to self-collect products from wherever required.
  • It is important to note that once such self-collect notice is requested and confirmed, it cannot be reversed. Further, a self-collect notice applies to the entire order (not partially). Unless a preapproved self-collect notice is provided on time, Qogita will ship the ordered products to the provided shipping address.

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:
    • have been picked up by the Buyer from the Seller's premises; or
    • have been provided to the relevant shipping carrier by the Seller
  • Any and all goods sold on Qogita's platform are sold on an Ex-Works basis to the Buyer.
  • 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).

Refer to the following terms regarding product information provided on Qogita:

  • Any and all product information provided by Qogita to the Buyer (e.g., product images, names, dimensions, etc.) is meant for illustrative purposes only.
  • Further, 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 and / or proceeding to checkout.
  • Qogita considers the GTIN as the sole distinguishing factor for products.
  • 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 which may either be known or unknown to Qogita.
  • The platform cannot always guarantee that the exact product version the Buyer intended to buy is also the version being delivered.
  • All orders where the correct GTINs are dispatched in the requested quantities will be deemed correct and final.

Insolvency Of Buyer

If any or all of the following points hold:

  • The Buyer makes any voluntary arrangement with it's 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 order 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 labour 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 to ensure repayment occurs by the due date in case the automatic payment fails to come through on time (for whatever reason that may be).
  • 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 party
  • 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 are agreeing 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.