Terms and Conditions

Table of contents:
Article 1 – Definitions
Article 2 – Identity of the business
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in the event of withdrawal
Article 8 – The price
Article 9 – Conformity and warranty
Article 10 – Delivery and performance
Article 11 – Payment
Article 12 – Complaints procedure
Article 13 – Disputes
Article 14 – Supplementary or deviating provisions
Article 15 – WEEE registration (Germany)

Article 1 | Definitions For the purposes of these terms and conditions:

  1. Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
  2. Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the business;
  3. Day: calendar day;
  4. Continuous transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligations are spread over time;
  5. Durable medium: any means that allows the consumer or business to store information addressed personally to them in a way that enables future consultation and unchanged reproduction of the stored information.
  6. Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
  7. Model withdrawal form: the model withdrawal form made available by the business, which a consumer can complete if they wish to exercise their right of withdrawal.
  8. Business: the natural or legal person who offers products and/or services to consumers remotely;
  9. Distance contract: an agreement concluded within the framework of a system organized by the business for the distance sale of products and/or services, using exclusively one or more means of distance communication up to and including the conclusion of the agreement;
  10. Means of distance communication: a means that can be used to conclude an agreement without the consumer and business being in the same place at the same time.
  11. Terms and Conditions: these Terms and Conditions of the business.

Article 2 | Identity of the business 

Qnuss B.V. – Weverstraat 49, Den Burg – info@qnuss.com – Chamber of Commerce 76843912 – VAT identification number: NL003139003B05

Article 3 | Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and order placed between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge as soon as possible at the consumer’s request.
  3. If the distance contract is concluded electronically, then, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily save it on a durable data storage medium. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge, electronically or by other means, at the consumer’s request.
  4. If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.
  5. If one or more provisions of these general terms and conditions are wholly or partially void or are annulled at any time, the agreement and these terms and conditions will otherwise remain in force, and the relevant provision will be replaced without delay by mutual agreement with a provision that comes as close as possible to the intent of the original.
  6. Situations not covered by these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.
  7. Any uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted “in the spirit” of these general terms and conditions.

Article 4 | The offer

  1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to change and amend the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.
  4. All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
  5. Images of products are a true representation of the products offered. The trader cannot guarantee that the colors shown exactly match the actual colors of the products.
  6. Each offer contains sufficient information to make clear to the consumer what rights and obligations are associated with accepting the offer. In particular, this concerns:
    • the price, including taxes;
    • any shipping costs;
    • how the agreement will be concluded and what steps are required for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and performance of the agreement;
    • the period for accepting the offer, or the period during which the trader guarantees the price;
    • the amount charged for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the standard rate for the communication medium used;
    • whether the agreement will be archived after it is concluded and, if so, how the consumer can access it;
    • how the consumer can check and, if desired, correct the information provided by them in connection with the agreement before concluding it;
    • any other languages, besides Dutch, in which the agreement may be concluded;
    • the codes of conduct to which the trader is bound and how the consumer can consult these codes electronically; and
    • the minimum duration of the distance agreement in the case of a continuing transaction.

Article 5 | The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and meets the conditions set out therein.
  2. If the consumer accepts the offer electronically, the trader will promptly confirm receipt of the acceptance electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may terminate the agreement.
  3. If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and provide a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
  4. Within the limits of the law, the trader may ascertain whether the consumer can meet their payment obligations, as well as any facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the trader has good reason not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
  5. The trader will provide the consumer with the following information together with the product or service, in writing or in a form that allows the consumer to store it accessibly on a durable medium:
  6. the visiting address of the trader’s business premises where the consumer can submit complaints;
  7. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
  8. information about warranties and existing after-sales service;
  9. the information specified in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the agreement was performed;
  10. the requirements for terminating the agreement if the agreement has a term of more than one year or is of indefinite duration.
  11. In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.
  12. Every agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 | Right of withdrawal For the supply of products:

  1. When purchasing products, the consumer may cancel the agreement without stating any reason within 30 days. This withdrawal period begins on the day after the product is received by the consumer or by a representative designated in advance by the consumer and notified to the trader.
  2. During the withdrawal period, the consumer will handle the product and its packaging with care. They will unpack or use the product only to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they will return the product to the trader with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
  3. If the consumer wishes to exercise the right of withdrawal, they must notify the business within 30 days of receiving the product. The consumer must give notice using the model form or another means of communication, such as email. After notifying the business of their wish to exercise the right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the goods delivered were returned on time, for example by providing proof of shipment.
  4. If, after the periods specified in paragraphs 2 and 3 have expired, the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the business, the purchase is final.

Article 7 | Costs in the event of withdrawal

  1. If the consumer exercises the right of withdrawal, the consumer will bear no more than the costs of returning the product.
  2. If the consumer has paid an amount, the business will refund it as soon as possible, and no later than 14 days after withdrawal. However, this is conditional on the product having already been received back by the online retailer or on conclusive proof of complete return being provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method.
  3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any resulting reduction in the product's value.
  4. The consumer cannot be held liable for any reduction in the product's value if the business has not provided all legally required information about the right of withdrawal before the purchase agreement is concluded.

Article 8 | The price

  1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
  2. By way of exception to the previous paragraph, the business may offer products or services with variable prices if their prices are tied to fluctuations on the financial market over which the business has no influence. This link to fluctuations and the fact that any prices quoted are indicative prices will be stated with the offer.
  3. Price increases within 3 months after the agreement is concluded are only permitted if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the agreement is concluded are only permitted if the business has stipulated this and: they result from statutory regulations or provisions; or the consumer has the right to terminate the agreement effective from the day the price increase takes effect.
  5. The prices stated in the offer for products or services include VAT.
  6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the business is not obliged to supply the product at the incorrect price.

Article 9 | Conformity and Warranty

  1. The business warrants that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the business also warrants that the product is suitable for use other than normal use.
  2. A warranty provided by the business does not affect the consumer’s statutory rights and claims against the business under the agreement.
  3. Any defects or incorrectly delivered products must be reported to the business in writing within 30 days of delivery. Products must be returned in their original packaging and in new condition.
  4. The warranty does not apply if the delivered products have been exposed to abnormal conditions, have otherwise been handled carelessly, or have been treated contrary to the business’s instructions and/or the instructions on the packaging.

Article 10 | Delivery and fulfilment

  1. The business will exercise the utmost care when receiving and fulfilling orders for products.
  2. The place of delivery is the address provided to the business by the consumer.
  3. Subject to the provisions of paragraph 4 of this article, the business will fulfil accepted orders as quickly as reasonably possible, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge. The consumer is not entitled to compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from any stated times. Exceeding a deadline does not entitle the consumer to compensation.
  5. If the agreement is terminated in accordance with paragraph 3 of this article, the business will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
  6. The risk of damage and/or loss of products remains with the business until they are delivered to the consumer or a representative designated in advance and made known to the business, unless expressly agreed otherwise.

Article 11 | Payment

  1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the withdrawal period referred to in Article 6, paragraph 1 begins.
  2. The consumer must promptly notify the trader of any inaccuracies in the payment details provided or stated.
  3. In the event of the consumer’s failure to pay, the trader is entitled, subject to statutory limitations, to charge the reasonable costs previously disclosed to the consumer.

Article 12 | Complaints Procedure

  1. The trader has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
  2. Complaints about the performance of the agreement must be submitted to the trader, fully and clearly described, within 30 days after the consumer has discovered the defects.
  3. Complaints submitted to the trader will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  5. For complaints, consumers should first contact the trader. Complaints can also be submitted via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the trader’s obligations unless the trader states otherwise in writing.
  7. If the trader finds a complaint to be justified, the trader will, at its discretion, either replace or repair the products supplied free of charge.

Article 13 | Disputes

  1. Only Dutch law applies to agreements between the trader and the consumer to which these general terms and conditions apply, including where the consumer resides abroad.
  2. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Article 14 | Additional or Deviating Provisions 

Additional or deviating provisions from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable data carrier.

Article 15 | WEEE Registration Germany

Qnuss is officially registered for sale on the German market in accordance with German legislation on electronic devices. Our WEEE number is: 76399009. This means that we comply with the requirements for the collection, recycling and environmentally friendly processing of electronic products in Germany.