Terms and Conditions

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 – The Price
Article 9 – Conformity and Warranty
Article 10 – Delivery and Execution
Article 11 – Payment
Article 12 – Complaints Procedure
Article 13 – Disputes
Article 14 – Additional or Deviating Provisions
Article 15 – WEEE Registration (Germany)

Article 1 | Definitions In these terms and conditions, the following is understood:

  1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  5. Sustainable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unchanged reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
  7. Model form: the model form for withdrawal provided by the entrepreneur that a consumer can fill in when he wants to exercise his right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
  9. Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, only one or more techniques for distance communication are used;
  10. Distance communication technique: means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same space.
  11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 | Identity of the entrepreneur 

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

Article 3 | Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur and will be sent free of charge to the consumer as soon as possible upon request.
  3. If the distance contract is concluded electronically, 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 it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
  4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favorable to him in case of conflicting general terms and conditions.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions will remain in effect for the rest and the relevant provision will be promptly replaced by a provision that approximates the intent of the original as much as possible through mutual consultation.
  6. Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
  7. Ambiguities 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 validity period or is made under conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  4. All images, specification data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
  5. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what the rights and obligations are connected to the acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • any shipping costs;
    • the manner in which the contract will be concluded and which actions are necessary for this;
    • whether the right of withdrawal applies or not;
    • the method of payment, delivery, and execution of the contract;
    • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
    • the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication medium used;
    • whether the contract is archived after conclusion, and if so, how it can be consulted by the consumer;
    • the way in which the consumer can check and, if desired, correct the data provided by him in the context of the contract before concluding the contract;
    • any other languages in which, besides Dutch, the contract can be concluded;
    • the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the case of a continuous performance contract.

Article 5 | The contract

  1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.
  2. 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 contract.
  3. If the contract is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transmission of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.
  4. The entrepreneur may – within legal frameworks – ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
  5. The entrepreneur will provide the consumer with the following information, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, together with the product or service:
  6. the visiting address of the entrepreneur's establishment where the consumer can address complaints;
  7. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
  8. the information about guarantees and existing after-sales service;
  9. the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
  10. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  11. In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.
  12. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 | Right of withdrawal Upon delivery of products:

  1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 30 days. This reflection period starts the day after the product is received by the consumer or a representative designated in advance by the consumer and known to the entrepreneur.
  2. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories 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.
  3. When the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 30 days after receiving the product. The consumer must make this known by means of the model form or by another means of communication such as email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
  4. If the customer has not indicated after the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

Article 7 | Costs in case of withdrawal

  1. If the consumer exercises their right of withdrawal, the costs of return shipment will be borne by the consumer up to a maximum.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is conditional on the product having been received back by the web store or conclusive proof of complete return being provided. Refund will be made via the same payment method used by the consumer unless the consumer explicitly consents to another payment method.
  3. In case of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
  4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before concluding the purchase agreement.

Article 8 | The price

  1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any stated prices are indicative prices are mentioned in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and: they are the result of legal regulations or provisions; or the consumer has the right to terminate the agreement from the day the price increase takes effect.
  5. The prices mentioned in the offer of products or services include VAT.
  6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 9 | Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of durability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A warranty provided by the entrepreneur does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
  3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 30 days after delivery. Return of the products must be in the original packaging and in new condition.
  4. The warranty does not apply if the delivered products have been exposed to abnormal circumstances or otherwise handled carelessly or are contrary to the instructions of the entrepreneur and/or treated on the packaging.

Article 10 | Delivery and execution

  1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Subject to the provisions in paragraph 4 of this article, the company will execute accepted orders with due speed 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 executed or only partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from any mentioned terms. Exceeding a term does not entitle the consumer to compensation.
  5. 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.
  6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and entrepreneur-known representative, unless expressly agreed otherwise.

Article 11 | Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1.
  2. The consumer has the duty to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
  3. In case of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs previously communicated to the consumer.

Article 12 | Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 30 days after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period 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 through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
  5. In case of complaints, a consumer should first contact the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 13 | Disputes

  1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Even if the consumer resides abroad.
  2. The Vienna Sales Convention 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 they can be stored by the consumer in an accessible manner 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 obligations regarding collection, recycling, and environmentally friendly processing of electronic products in Germany.