Table of Contents

• Article 1 - Definitions
• Article 2 - Identity of the trader
• 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 - Exclusion of the right of withdrawal
• Article 9 - The price
• Article 10 - Conformity and warranty
• Article 11 - Delivery and performance
• Article 12 - Ongoing performance contracts: duration, termination and renewal
• Article 13 - Payment
• Article 14 - Complaints procedure
• Article 15 - Disputes
• Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

• Reflection period: the period within which the consumer can exercise their right of withdrawal; Read all about the reflection period.
• Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession and who enters into a distance contract with the trader.
• Day: calendar day.
• Ongoing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
• Durable medium: any tool that enables the consumer or trader to store information addressed to them personally in a way that permits future consultation and unaltered reproduction of the stored information.
• Right of withdrawal: the option for the consumer to withdraw from the distance contract within the reflection period.
• Model form: the model withdrawal form made available by the trader that a consumer can complete when they wish to exercise their right of withdrawal.
• Trader: the natural or legal person offering products and/or services to consumers at a distance.
• Distance contract: an agreement whereby, within the framework of a system organized by the trader for the distance selling of products and/or services, exclusive use is made, up to and including the conclusion of the agreement, of one or more techniques for distance communication.
• Distance communication technique: a means that can be used to conclude an agreement without the consumer and trader being in the same place at the same time.
• Terms and Conditions: these Terms and Conditions of the trader.

Article 2 - Identity of the trader

Mybuqo B.V.
Wageningselaan 30A
3903LA Veenendaal
The Netherlands

T (031) 872-4370
E info@qost.nl
Chamber of Commerce (KVK) 75261987
VAT number NL860213237B01

Article 3 - Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.

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, it will be indicated, before the distance contract is concluded, that the general terms and conditions can be inspected at the trader's premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, then notwithstanding 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 it can be easily stored by the consumer on a durable medium. 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, electronically or otherwise, at the consumer's request.

In the event that, in addition to these general terms and conditions, specific product or service terms also apply, the second and third paragraphs 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.

If one or more provisions of these general terms and conditions are at any time wholly or partly void or voided, the agreement and these terms and conditions will otherwise remain in force, and the provision in question will be replaced without delay, by mutual agreement, by a provision that approximates the purport of the original as closely as possible.

Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Ambiguities regarding 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

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The trader is entitled to modify and amend the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. 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.

All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images accompanying products are a true representation of the products offered. The trader cannot guarantee that the colors shown correspond exactly to the actual colors of the products.

Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

• the price including taxes;
• any delivery costs;
• the manner in which the agreement will be concluded and what actions 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 within which the trader guarantees the price;
• 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 means of communication used;
• whether the agreement will be archived after it has been concluded, and if so, how the consumer can access it;
• the manner in which the consumer, prior to concluding the agreement, can check and, if desired, correct the details they provided in the context of the agreement;
• any other languages, besides Dutch, in which the agreement can be concluded;
• the codes of conduct to which the trader is subject, and the manner in which the consumer can consult these codes of conduct electronically;
• the minimum duration of the distance contract in the event of an ongoing performance contract.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and satisfies the associated conditions.

If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance of the offer electronically. For as long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for this purpose.

Within the boundaries of the law, the trader may inform itself as to whether the consumer can meet their payment obligations, as well as of all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this inquiry, the trader has good grounds not to enter into the agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.

At the latest upon delivery of the product or service, the trader will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

• the visiting address of the trader's place of business where the consumer can lodge complaints;
• the conditions under which, and the manner in which, the consumer can exercise the right of withdrawal, or a clear notice regarding exclusion of the right of withdrawal;
• information about warranties and existing after-sales service;
• the information included in Article 4, paragraph 3, of these terms and conditions, unless the trader has already provided this information to the consumer prior to performance of the agreement;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of an ongoing performance contract, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into subject to the condition precedent of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

For delivery of products

When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for a period of 14 days. This reflection period commences on the day after the product is received by the consumer, or by a representative designated in advance by the consumer and made known to the trader.

During the reflection period, the consumer will handle the product and its 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 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.

If the consumer wishes to exercise their right of withdrawal, they are required to notify the trader of this within 14 days of receiving the product. The consumer must give this notice using 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 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.

If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal, or has not returned the product to the trader, the sale is final.

For delivery of services

For the delivery of services, the consumer has the option of dissolving the agreement without giving reasons for at least 14 days, commencing on the day the agreement is entered into.

To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.

Article 7 - Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, at most the cost of return shipping will be borne by them.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than within 14 days of the withdrawal. This is subject to the condition that the product has already been received back by the web shop, or that conclusive proof of complete return shipment can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly consents to a different payment method.

If the product is damaged due to careless handling by the consumer themselves, the consumer is liable for any resulting depreciation of the product.

The consumer cannot be held liable for depreciation of the product if the trader has not provided all legally required information about the right of withdrawal, which must be provided before the purchase agreement is concluded.

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

• that have been produced by the trader in accordance with consumer specifications;
• that are clearly personal in nature;
• that cannot be returned due to their nature;
• that can spoil or age quickly;
• whose price is subject to fluctuations in the financial market over which the trader has no influence;
• for loose newspapers and magazines;
• for audio and video recordings and computer software of which the consumer has broken the seal;
• for hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

• relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
• the delivery of which has begun with the consumer's express prior consent before the reflection period has expired;
• relating to bets and lotteries.

Article 9 - The price

During the period of validity 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.

Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, at variable prices. Such dependence on fluctuations and the fact that any prices stated are target prices will be stated with the offer.

Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:

• they result from statutory regulations or provisions; or
• the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product in accordance with the incorrect price.

Article 10 - Conformity and warranty

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in existence on the date the agreement was concluded. If agreed, the trader further guarantees that the product is suitable for uses other than normal use.

A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the agreement.

Any defects or incorrectly delivered products must be reported to the trader in writing within 2 months of discovery of the defect.

The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

• the consumer has repaired and/or processed the delivered products themselves, or has had them repaired and/or processed by third parties;
• the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or in violation of the trader's instructions and/or handled contrary to instructions on the packaging;
• the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

The place of delivery is the address that the consumer has made known to the company.

Subject to what is stated about this in paragraph 4 of this article, the company will execute accepted orders with due speed, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notice of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.

All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.

In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 14 days of the dissolution.

If delivery of an ordered product proves to be impossible, the trader will make efforts to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the trader.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 - Ongoing performance contracts: duration, termination and renewal

Termination

The consumer may terminate a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period not exceeding one month.

The consumer may terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the definite period, subject to the agreed termination rules and a notice period not exceeding one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

• at any time, without being restricted to termination at a specific time or during a specific period;
• at least in the same manner as they were entered into by them;
• always with the same notice period as the trader has stipulated for itself.

Renewal

A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.

Notwithstanding the previous paragraph, a contract entered into for a definite period that extends to the regular delivery of daily papers, news and weekly publications and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer may terminate this extended contract towards the end of the extension with a notice period not exceeding one month.

A contract entered into for a definite period that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period not exceeding one month, and a notice period not exceeding three months in case the agreement extends to the regular, but less than once a month, delivery of daily papers, news and weekly publications and magazines.

A contract with a limited duration for the regular introductory delivery of daily papers, news and weekly publications and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may, after one year, terminate the agreement at any time with a notice period not exceeding one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days of the start of the reflection period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.

The consumer has a duty to report inaccuracies in payment details provided or stated to the trader without delay.

In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the consumer reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

The trader has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects, but no later than within 2 months.

Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed reply.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

In case of complaints, a consumer should first contact the trader. If the web shop is affiliated with WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur, which will mediate free of charge. Check whether this web shop has a current membership via the members list. Should a solution still not be reached, the consumer has the option to have their complaint handled by the independent dispute committee appointed by WebwinkelKeur, whose ruling is binding, and both the trader and the consumer agree to this binding ruling. Costs are associated with submitting a dispute to this dispute committee, which must be paid by the consumer to the relevant committee.

A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.

If a complaint is found to be justified by the trader, the trader will, at its discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

Dutch law exclusively applies to agreements between the trader and the consumer to which these general terms and conditions relate. This also applies if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may 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 medium.