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General Terms and Conditions of Digital Q B.V.

Private company Digital Q B.V. (hereinafter: Digital Q) is registered with the Chamber of Commerce under number 70454086 and is located at Anton Pieckplein 117A (5171CV) in Kaatsheuvel.

Article 1 - Definitions

  1. In these general terms and conditions, the following terms are used in the following meanings unless expressly stated otherwise.
  2. Offer: any offer or quotation to Customer to supply Products and/or to perform Services by Digital Q.
  3. Company: the natural or legal person acting in the course of a profession or business.
  4. Consumer: the natural person not acting in the exercise of a profession or business.
  5. Services: the Services offered by Digital Q.
  6. Product(s) means the Products offered by Digital Q.
  7. Workshop: the training provided by Digital Q to groups regarding the use of products.
  8. Digital Q: the provider of Products and/or the service provider offering Services.
  9. Client: the Company or Consumer entering into an Agreement (at a distance) with Digital Q.
  10. Agreement: the contract of sale (at a distance) that involves the sale and delivery of Products purchased by Customer from Digital Q and other obligations between Customer and Digital Q, as well as proposals by Digital Q for Services provided by Digital Q to Customer that are accepted by Customer and have been accepted and performed by Digital Q with which these general terms and conditions form an indissoluble whole.

Article 2 - Applicability.

  1. These general terms and conditions apply to any Digital Q Offer, any Agreement between Digital Q and Customer, and any Service and/or Product offered by Digital Q.
  2. Before an Agreement (at a distance) is concluded, Customer will be provided with these general terms and conditions. If this is not reasonably possible, Digital Q will indicate to Customer how Customer can inspect the general terms and conditions.
  3. Deviation from these general conditions is not possible. In exceptional situations the general conditions may be deviated from insofar as this has been explicitly agreed upon in writing with Digital Q.
  4. These general terms and conditions also apply to additional, amended and follow-up assignments from the Client.
  5. The general terms and conditions of the Client are excluded.
  6. If one or more provisions of these general terms and conditions are partially or completely void or nullified, the remaining provisions of these general terms and conditions shall remain in effect, and the void/ nullified provision(s) shall be replaced by a provision with the same purport as the original provision.
  7. Uncertainties about the content, interpretation or situations not regulated in these general terms and conditions shall be assessed and explained according to the spirit of these general terms and conditions.
  8. The applicability of Articles 7:404 BW, 7:407 paragraph 2 BW and the articles relating to consumer purchases (Title 1 Book 7 BW) is explicitly excluded.
  9. Where reference is made in these general terms and conditions to she/he/him, this should also be construed as a reference to he/she/his, if and to the extent applicable.
  10. In the event that Digital Q has not always required compliance with these general terms and conditions, it retains its right to demand full or partial compliance with these general terms and conditions.

Article 3 - The Offer

  1. All Offers made by Digital Q are without obligation unless otherwise expressly stated in writing. If the Offer is limited or valid under specific conditions, this shall be expressly stated in the Offer.
  2. Digital Q is only bound to an Offer if it is confirmed in writing by the Customer within 30 days. Nevertheless, Digital Q has the right to refuse an Agreement with a (potential) Customer for a valid reason for Digital Q.
  3. The offer contains a description of the Services offered. The description is sufficiently specified so that the Client is able to make a proper assessment of the offer. Any Images and data in the offer are only indicative and cannot be a ground for any compensation or dissolution of the Agreement.
  4. Offers or quotations do not automatically apply to follow-up orders.
  5. Delivery times in Digital Q's offer are in principle indicative and if exceeded do not entitle Customer to rescission or damages, unless expressly agreed otherwise.

Article 4 - Establishment of the Agreement.

  1. The Agreement comes into effect at the moment that Customer has accepted an Offer from Digital Q by paying for the Product or Service in question.
  2. An Offer can be made by Digital Q through the websites or through the quotation software.
  3. Digital Q has the right to revoke the Agreement (digitally signed) within 5 business days of receiving the acceptance.
  4. If an Offer is accepted by entering into an Agreement with Digital Q, Digital Q will confirm the Agreement in writing, or at least by e-mail. Digital Q is not bound by an Offer if Customer could reasonably have expected or should have understood that the Offer contains an obvious mistake or clerical error. The Customer cannot derive any rights from this mistake or clerical error.
  5. If the acceptance deviates (on minor points) from the Offer, Digital Q is not bound by it.
  6. If Client cancels an already confirmed assignment, the actual costs already incurred (including time spent) will be charged to Client.
  7. Digital Q is not bound by an Offer if Customer could reasonably have expected or should have understood that the Offer contains an obvious mistake or slip of the pen. The Customer cannot derive any rights from this mistake or slip of the pen.
  8. Any Agreement entered into with Digital Q or any project awarded to Digital Q by the Client is vested in the company and not in any individual person associated with Digital Q.
  9. The right of withdrawal of Customer being a Business is excluded, unless otherwise agreed. Customer being a Consumer has the right of withdrawal during the statutory period of 14 days, unless Digital Q has already started the Services with the consent of Customer. Customer waives her right of withdrawal by means of this consent.
  10. Products that cannot be returned due to (hygienic reasons, customization, etc.) are excluded from the right of withdrawal. This is explicitly stated in the Offer.

Article 5 - Duration of the Agreement

  1. The Agreement is entered into for a definite period, unless the content, nature or purport of the order implies that it is entered into for an indefinite period. The duration of the assignment also depends on external factors including, but not limited to, the quality and timely delivery of the information that Digital Q obtains from Client.
  2. Both Customer and Digital Q may rescind the Agreement on the grounds of an attributable failure in the performance of the Agreement if the other party has been given written notice of default and has been given a reasonable period in which to perform its obligations and if it still fails to perform its obligations correctly. This also includes the Customer's payment and cooperation obligations.
  3. Dissolution of the Agreement shall not affect Customer's payment obligations to the extent that Digital Q has already performed work or delivered performance at the time of dissolution. Customer shall pay the agreed compensation.
  4. The Client is authorized at all times to terminate all or part of the Agreement, unless the Agreement is a subscription entered into for a term of 12 months (in the latter case, the Agreement may be terminated by registered letter subject to three months' notice. If the Agreement has not yet lasted three months, it may be terminated with a notice period of one month).
  5. In the event of premature termination of the Agreement, Customer shall owe Digital Q the actual costs incurred up to that time at the agreed (hourly) rate. Digital Q's timesheets are leading in this respect.
  6. Both Customer and Digital Q may terminate the Agreement in whole or in part without further notice in writing with immediate effect in case one of the parties is in suspension of payment, files for bankruptcy, or the company concerned ends by liquidation. If a situation as mentioned above occurs, Digital Q is never obliged to refund monies already received and/or compensation for damages.

Article 6 - Performance of services

  1. Digital Q will endeavor to perform the agreed service with the utmost care as may be required of a good service provider. Digital Q guarantees a professional and independent service. All Services are performed on the basis of an obligation to perform to the best of one's ability, unless a result has been explicitly agreed upon in writing and described in detail.
  2. The Agreement under which Digital Q performs the Services shall guide the scope and extent of the Services. The Agreement will only be performed for the benefit of Client. Third parties cannot derive any rights from the content of the Services performed in connection with the Agreement.
  3. The information and data provided by Customer are the basis on which the Services offered by Digital Q and the prices are based. Digital Q has the right to adjust its Services and its prices if the information provided turns out to be incorrect and/or incomplete.
  4. In performing the Services, Digital Q is not obliged or required to follow the instructions of Customer if this changes the content or scope of the agreed Services. If the directions result in further work for Digital Q, Customer shall be obliged to pay the additional additional costs accordingly on the basis of a new quotation.
  5. Digital Q is entitled to engage third parties to perform the Services at its discretion.
  6. If the nature and duration of the assignment so require, Digital Q will keep Client informed of progress in the interim through the agreed manner.
  7. The performance of the Services is based on the information provided by the Client. If the information needs to be changed, this may affect any established planning. At no time is Digital Q liable for the adjustment of the planning. If the commencement, progress or delivery of the Services is delayed because, for example, the Customer has not provided all requested information or has not provided it on time, or not in the desired format, insufficient cooperation, a possible advance payment has not been received on time by Digital Q, or due to other circumstances that are for the account and risk of the Customer, Digital Q is entitled to a reasonable extension of the delivery period. All damage and additional costs as a result of delay due to a cause as mentioned above shall be for the account and risk of Customer.

Article 7 - Opinions

  1. Digital Q may, if so instructed, prepare advice, plan of action, design, reporting, planning and/or reporting for the purposes of the services. The content thereof is not binding and only advisory in nature, but Digital Q will observe its duties of care. The customer decides on his own responsibility whether to follow the advice.
  2. Advice provided by Digital Q, in whatever form, is never to be considered medical, legal, fiscal and/or accounting advice. Even if Digital Q assists Customer in negotiations, this advice is never legal advice. If Client interprets this advice as legal and/or fiscal advice, Client should first consult with a trained specialist (lawyer/fiscalist).
  3. Customer is obliged at Digital Q's first request to evaluate proposals provided by it. If Digital Q is delayed in its work, due to Customer's failure to provide an assessment on a proposal made by Digital Q, or failure to do so in a timely manner, Customer shall at all times be responsible for the resulting consequences, such as delay.
  4. The nature of the services implies that the result is at all times dependent on external factors that may influence Digital Q's reports and advice, such as the quality, accuracy and timely delivery of required information and data from the Client and its employees. Client guarantees the quality and the timely and correct delivery of the necessary data and information.

Article 8 - Workshops

  1. If commissioned, Digital Q may provide workshops for Client.
  2. Order the Workshop online through the website, on the Workshop page. Client chooses the number of people and the date. Then Client must confirm and pay for the order. Client should bring the confirmation to the Workshop and show it to Digital Q upon entry.
  3. The workshop will take place outside at Digital Q's location. Digital Q has a large canopy with several outdoor kitchens, individual kamados and kamado tables. Because the location is covered, the Workshop will in principle always take place.
  4. The content of the Workshop offered by Digital Q is all-in. All preparations and beverages (koffie, tea, soft drinks and non-alcoholic beer) are included.
  5. The Workshop will be conducted in groups of 2 and during the Workshop the techniques, practicalities and recipes will be discussed. Client will have space during the Workshop to relax, ask questions and the opportunity or look around and exchange ideas with other Clients about Digital Q his hobby.
  6. Cancellation of an open Workshop is subject to conditions:
    1. the Workshop must be booked through booking system, a set date must be known.
    2. cancellation must be requested in writing using the cancellation form on the website.
    3. Full refund of the purchase price is only possible if the cancellation is in Digital Q's possession at least 72 hours before the start of the open Workshop.
    4. If cancellation is made less than 72 hours prior to the start of the open Workshop, Digital Q reserves the right to credit 50% of the purchase price.

Article 9 - Delivery

  1. If the start, progress or delivery of the Agreement is delayed because, for example, the Buyer has not or not timely provided all requested information, insufficient cooperation, the (down) payment is not timely received by Digital Q, or other circumstances beyond Digital Q's control cause any delay, Digital Q is entitled to a reasonable extension of the (delivery) date. All agreed (delivery) dates are never deadlines. The buyer must give Digital Q written notice of default and allow Digital Q a reasonable period of time to deliver. The buyer is not entitled to any damages due to the delay.
  2. The Buyer is obliged to take delivery of the goods at the time they are made available to it under the Agreement, even if they are offered to it earlier or later than agreed.
  3. If the Buyer refuses to take delivery or fails to provide information or instructions necessary for delivery, Digital Q is entitled to store the goods at the Buyer's expense and risk.
  4. If the Products are delivered by Digital Q or an external carrier, Digital Q is, unless otherwise agreed in writing, entitled to charge any delivery costs. These will then be invoiced separately unless expressly agreed otherwise.
  5. If Digital Q requires data from Buyer in connection with the performance of the Agreement, the delivery time shall not commence until Buyer has provided Digital Q with all data necessary for performance.
  6. If Digital Q has specified a term for delivery, it is indicative. Longer delivery times apply for delivery outside the Netherlands.
  7. Digital Q is entitled to deliver the goods in parts, unless the Agreement deviates from this or the partial delivery has no independent value. Digital Q is entitled to invoice the thus delivered goods separately.
  8. Deliveries will only be made if all invoices have been paid unless expressly agreed otherwise. Digital Q reserves the right to refuse delivery if well-founded fears of non-payment exist.

Article 10 - Packaging and transportation

  1. Digital Q undertakes to Customer to properly package and secure the goods to be delivered in such a way that they reach their destination in good condition during normal use.
  2. Unless otherwise agreed in writing, all deliveries are inclusive of sales tax (VAT), packaging and packaging materials.
  3. The acceptance of goods without any remarks on the waybill or receipt is considered proof that the packaging was in good condition at the time of the aflivery.

Article 11 - Examination and complaints

  1. The Client shall be obliged to inspect the delivered Products or have them inspected at the time of delivery or handover, but in any event within 14 days of receipt of the delivered Products, and only to unpack or use the Products to the extent necessary to assess whether it will keep the Product. In doing so, the Customer shall examine whether the quality and quantity of the Products delivered corresponds to the Agreement and whether the Products meet the requirements applicable to them in normal (commercial) dealings.
  2. Customer is obliged to examine and inform himself in which way the Product should be used and in case of personal use, to test the Product in accordance with the instructions for use. Digital Q acknowledges no liability for the incorrect use of the Product by Buyer.
  3. Any visible defects or shortages must be reported to Digital Q in writing after delivery. Customer has a period of 14 days after delivery. Non-visible defects or shortages must be reported within 14 days after discovery, but at the latest within 6 months after delivery. In case of damage to the Product due to careless handling by the Customer, the Customer is liable for any decrease in value of the Product.
  4. If, pursuant to the previous paragraph, complaints are filed in time, Customer remains obliged to pay for the purchased goods. If Customer wishes to return defective goods, this shall be done only with Digital Q's prior written consent in the manner indicated by Digital Q.
  5. If the Consumer uses its right of withdrawal, it will return the Product and all accessories, to the extent reasonably possible, in original condition and packaging to Digital Q, in accordance with Digital Q's return instructions. The direct costs for return shipments are at the Buyer's expense and risk.
  6. Report return must be made within 14 days. Return within 14 days after reporting return. Credit to consumer within 14 days after reporting return.
  7. Digital Q is entitled to initiate an investigation into the authenticity and condition of the returned Products before a refund will be made.
  8. Refunds to Client will be processed as soon as possible, but payment may take up to 14 days after receipt of the return. Refunds will be made to the account number previously provided.
  9. If Client exercises its right of complaint, it shall not be entitled to suspend its payment obligation nor to set off outstanding invoices.
  10. In the absence of a complete delivery, and/or if one or more Products are missing, and this is due to Digital Q, Digital Q will, after a request to that effect by Customer, resend the missing Product(s) or cancel the remaining order. The confirmation of receipt of the Products will be leading. Any damage suffered by Customer as a result of the (different) size of the delivery cannot be recovered from Digital Q.

Article 12 - Principal's Obligations.

  1. Customer is obliged to provide all information requested by Digital Q as well as relevant attachments and related information and data in time and/or before the start of the work and in the desired form for a correct and efficient execution of the Agreement. Failure to do so may prevent Digital Q from being able to fully execute and/or deliver the relevant documents. The consequences of such a situation shall at all times be for the Customer's account and risk.
  2. Digital Q is not obligated to verify the accuracy and/or completeness of the information provided to it or to update Client regarding the information if it has changed over time, nor is Digital Q responsible for the accuracy and completeness of the information compiled by Digital Q for third parties and/or provided to third parties under the Agreement.
  3. Digital Q may, if necessary for the execution of the Agreement, request additional information. Failing this, Digital Q is entitled to suspend its activities until the information is received, without being obliged to compensate Customer for any damage for whatever reason. In case of changed circumstances Customer shall notify Digital Q immediately, or not later than 3 working days after the change has become known.

Article 13 - Additional work and changes

  1. If during the execution of the Agreement it appears that the Agreement needs to be adjusted, or at the request of Customer further work is necessary to achieve the desired result of Customer, Customer is obliged to pay for this additional work according to the agreed rate. Digital Q is not obliged to comply with this request, and may require Customer to enter into a separate Agreement and/or refer to an authorized third party for this purpose.
  2. If the additional work is the result of Digital Q's negligence, Digital Q made a wrong estimate or could have reasonably foreseen the work in question, these costs will not be charged to Customer.

Article 14 - Prices and payment

  1. During the period of validity of the Offer, the prices of the Products offered will not be increased, except in the case of changes in government-imposed VAT rates.
  2. All prices are in principle inclusive of sales tax (VAT), unless otherwise agreed.
  3. The prices as mentioned in the Offer are based on the cost factors in effect at the time of the conclusion of the Agreement such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
  4. If there are Products or raw materials for which there are price fluctuations in the financial market and over which Digital Q has no control, Digital Q may offer these Products with variable prices. The Offer will state that prices are target prices and may fluctuate.
  5. Client is obligated to fully reimburse the costs of third parties used by Digital Q her after Client's approval unless expressly agreed otherwise.
  6. The parties may agree that the Client should pay an advance. If an advance payment is agreed upon, the Client must pay the advance payment before the performance of services is commenced.
  7. The parties may agree that payment will be made in arrears.
  8. Client cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
  9. Digital Q is entitled to increase the applicable prices and rates annually in accordance with the applicable inflation rates. Other price changes during the Agreement are possible only if and to the extent that they are expressly stipulated in the Agreement.
  10. In the event of liquidation, insolvency, bankruptcy, involuntary liquidation or petition for payment against Client, payment and all other obligations of Client under the Agreement shall become immediately due and payable.
  11. If Digital Q has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. Judicial and execution costs incurred shall also be borne by the Client.

Article 15 - Collection policy

1. If the Customer does not meet its payment obligation and has not fulfilled its obligation within the payment period set for it, the Customer being a Business shall be in default by operation of law. Customer being a Consumer will first receive a written reminder with a period of 14 days after the date of the reminder to still comply with the payment obligation with an indication of the extrajudicial costs if the Consumer does not comply with her obligations within that period, before she is in default.
2. From the date that Customer is in default, Digital Q shall be entitled, without further notice, to statutory commercial interest from the first day of default until full payment, and compensation for extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code to be calculated in accordance with the graduated scale from the Decree on compensation for extrajudicial collection costs of 1 July 2012.
3. If Digital Q has incurred more or higher costs, which are reasonably necessary, these costs are eligible for reimbursement. The integral judicial and execution costs incurred will also be for the account of Customer.

Article 16 - Retention of title.

  1. Insofar as Customer would not have made an advance payment for the full order, all items delivered by Digital Q shall remain Digital Q's property until Customer has fulfilled all the following obligations under all Agreements entered into with Digital Q.
  2. Client is not authorized to pledge or otherwise encumber the items subject to retention of title if ownership has not yet been transferred in full.
  3. If third parties seize goods delivered under retention of title or wish to establish or assert rights to them, Customer is obliged to inform Digital Q as soon as can reasonably be expected.
  4. In case Digital Q wishes to exercise its property rights indicated in this article, Customer hereby gives unconditional and irrevocable permission and authorization to Digital Q or third parties to be appointed by Digital Q to enter all those places where Digital Q's property is located and to take back those goods.
  5. Digital Q has the right to retain the Products purchased by Customer, if Customer has not yet fulfilled its payment obligations (in full), despite an obligation to transfer or surrender from Digital Q. After Customer has fulfilled its obligations Digital Q will make every effort to deliver the purchased Products to Customer as soon as possible, but no later than 20 working days.
  6. Costs and other (consequential) damages resulting from the retention of the purchased Products shall be at Customer's expense and risk and shall be reimbursed to Digital Q by Customer on demand.

Article 17 - Warranty

Digital Q warrants that the Products comply with the Agreement, the specifications stated in the offer, usability and/or soundness and the legal rules/regulations at the time the Agreement was concluded. This also applies if the goods to be delivered are intended for use abroad and Buyer has expressly notified Seller of this use in writing at the time of entering into the Agreement.

Article 18 - Privacy, data processing and security

  1. Digital Q will handle the (personal) data of Customer with care and will only use them in accordance with the applicable standards. If requested, Digital Q will inform the data subject.
  2. Client is solely responsible for the processing of data processed using a Digital Q service. Customer also guarantees that the content of the data is not illegal and does not infringe any rights of third parties. In this context the Customer indemnifies Digital Q against any (legal) claim related to these data or the execution of the Agreement.
  3. If the Agreement requires Digital Q to provide security of information, such security will meet the agreed specifications and a level of security that is not unreasonable given the state of the art, the sensitivity of the data, and the associated costs.

Article 19 - Suspension and dissolution

  1. Digital Q is entitled to retain the data, data files and more received or realized by her if Customer has not yet (completely) fulfilled her payment obligations. This right remains in full force and effect if a justifiable reason for Digital Q arises that justifies suspension in that case.
  2. Digital Q is authorized to suspend the performance of its obligations as soon as Customer is in default with the performance of any obligation resulting from the Agreement, including late payment of its invoices. The suspension will immediately be confirmed to Customer in writing.
  3. In such case, Digital Q shall not be liable for any damages, on any account, resulting from the suspension of its operations.
  4. Digital Q is furthermore entitled to terminate the Agreement without prior notice of default if circumstances arise of such a nature that performance of the Agreement is impossible or can no longer be required by standards of reasonableness and fairness, or if other circumstances arise of such a nature that unaltered maintenance of the Agreement can no longer be reasonably expected.
  5. In such case, Digital Q shall not be liable for any damages, on any account, resulting from the suspension of its operations.
  6. If the Agreement is dissolved, Digital Q's claims against Customer are immediately due and payable. If Digital Q suspends performance of its obligations, it retains its claims under the law and Agreement.
  7. The suspension (and/or dissolution) shall not affect Customer's payment obligations for work already performed. In addition, Customer is obliged to compensate Digital Q for any financial loss incurred by Digital Q as a result of Customer's default.
  8. Digital Q always retains the right to claim damages.

Article 20 - Force majeure

  1. Digital Q is not liable when, as a result of a force majeure situation, it cannot fulfill its obligations under the Agreement, nor can it be held to fulfill any obligation if it is hindered from doing so as a result of a circumstance that is not due to its fault and is not for its account by virtue of the law, legal act or generally accepted practice.
  2. Force majeure includes in any case, but is not limited to what is understood in this respect in the law and jurisprudence, (i) force majeure of Digital Q's suppliers, (ii) failure to properly comply with obligations of suppliers prescribed or recommended by Customer to Digital Q, (iii) defectiveness of goods, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure, (vi) failure of Internet, data network and telecommunication facilities (for example due to: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transportation problems, (x) strikes at Digital Q's company (xi) fire, and (xii) other situations that, in Digital Q's judgment, are beyond its control that temporarily or permanently prevent performance of its obligations.
  3. Digital Q is entitled to invoke force majeure if the circumstance preventing (further) performance occurs after Digital Q should have fulfilled its commitment.
  4. The parties may suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to dissolve the Agreement, without any obligation to compensate the other party for damages.
  5. Insofar Digital Q has already partly fulfilled its obligations from the Agreement at the time of the start of the force majeure or will be able to fulfil them, and the fulfilled respectively to be fulfilled part has independent value, Digital Q is entitled to invoice the fulfilled respectively to be fulfilled part separately. Customer is obliged to pay this invoice as if it were a separate Agreement.

Article 21 - Limitation of liability

  1. If any result set forth in the Agreement is not achieved, a default by Digital Q shall be deemed to exist only if Digital Q expressly promised such result upon acceptance of the Agreement.
  2. If there is an attributable shortcoming by Digital Q, Digital Q shall only be liable to pay any damages if Customer has given Digital Q notice of default within 14 days of discovery of the shortcoming and Digital Q has subsequently failed to remedy this shortcoming within a reasonable period of time. The notice of default must be in writing and contain such an accurate description/substantiation of the deficiency as to enable Digital Q to respond adequately.
  3. If the performance of Services by Digital Q leads to Digital Q's liability, such liability shall be limited to the total amount invoiced under the Agreement, but only with respect to direct damage suffered by Customer unless the damage is the result of intent or recklessness bordering on intent on the part of Digital Q. Direct damage shall mean: reasonable costs incurred to limit or prevent direct damage, the determination of the cause of damage, the direct damage, the liability and the manner of recovery.
  4. Digital Q expressly excludes all liability for consequential damages. Digital Q shall not be liable for indirect damages, trading losses, loss of profits and/or losses suffered, missed savings, damages due to business interruption, asset losses, delay damages, interest damages and immaterial damages.
  5. Customer shall indemnify Digital Q for all third party claims resulting from a defect resulting from a service provided by Customer to a third party that consisted in part of Services provided by Digital Q, unless Customer can prove that the damage was caused solely by Digital Q's service.
  6. Any advice provided by Digital Q, based on incomplete and/or incorrect information provided by Customer, shall never be grounds for liability of Digital Q.
  7. The content of Digital Q's delivered advice is not binding and only advisory in nature. Customer decides for herself and on her own responsibility whether she follows the proposals and herein mentioned advice of Digital Q. All consequences resulting from following the advice are for the account and risk of Customer. Customer is at all times free to make her own choices that deviate from the advice provided by Digital Q. Digital Q is not obliged to any form of refund if this is the case.
  8. If a third party is engaged by or on behalf of Customer, Digital Q shall never be liable for the actions and advice of the third party engaged by Customer as well as the incorporation of results (of drafted advice) of the third party engaged by Customer into Digital Q's own advice.
  9. Digital Q is not liable for and/or obliged to repair damage caused by the use of the Product. Digital Q provides strict maintenance and usage instructions to be followed by Buyer. All damage to Products resulting from wearing and use is explicitly excluded from liability (including traces of use, usage damage, fall damage, light and water damage, theft, loss, etc.). For Consumer, a limitation applies in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
  10. Digital Q is not liable for damages that are or may be the result of any act or omission as a result of (imperfect and/or incorrect) information on the website(s) or from linked websites.
  11. Digital Q is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or unavailability of the website for any reason.
  12. Digital Q is not responsible for the correct and complete transmission of the content of and email sent by/on behalf of Digital Q, nor for its timely receipt.
  13. All Customer's claims for shortcomings on the part of Digital Q shall expire if they have not been reported to Digital Q in writing, stating reasons, within one year after Customer knew or could reasonably have known of the facts on which it bases its claims. One year after the termination of the Agreement between the parties, Digital Q's liability lapses.

Article 22 - Risk transition

The risk of loss of or damage to the Products that are the subject of the Agreement shall pass to Customer at the time the items leave Digital Q's warehouse. This includes damage resulting from overheated transportation.

Article 23 - Secrecy

  1. Digital Q and Client undertake to keep confidential all confidential information obtained in the context of an assignment. Confidentiality arises from the assignment and must also be assumed if it can reasonably be expected to be confidential information. Confidentiality shall not apply if the information in question is already public/general knowledge, the information is not confidential and/or the information was not disclosed to Digital Q during the course of the Agreement with Customer and/or was otherwise obtained by Digital Q.
  2. In particular the confidentiality relates to advice, reports, designs, working methods and/or reports drawn up by Digital Q concerning the Customer's assignment. The Customer is expressly forbidden to share the contents thereof with employees who are not authorised to take cognisance thereof and with (unauthorised) third parties. Furthermore, Digital Q will always exercise due care in handling all business sensitive information provided by the Customer.
  3. If Digital Q is required by a statutory provision or court order to (communicate) the confidential information to a third party designated by the law or competent court or indicated and Digital Q cannot invoke a right to privilege, Digital Q is not bound to any compensation and does not give Customer any ground for dissolution of the Agreement.
  4. The transfer or distribution of information to third parties and/or publication of productions provided by Digital Q to third parties requires Digital Q's written consent, unless such consent is expressly agreed upon in advance. Client shall indemnify Digital Q for all claims by such third parties resulting from reliance on such information distributed without Digital Q's written consent.
  5. The confidentiality obligation shall also impose on Digital Q and Client the third parties to be engaged by them.

Article 24 - Intellectual Property Rights.

  1. All IP rights and copyrights of Digital Q including in any case, but not limited to all designs, models, reports and advice are vested exclusively in Digital Q and will not be transferred to Customer unless expressly agreed otherwise.
  2. If it is agreed that one or more of the aforementioned items and/or works of Digital Q will be transferred to Customer, Digital Q is entitled to enter into a separate Agreement for that purpose and to demand an appropriate monetary compensation from Customer. Such compensation shall be paid by Customer before she acquires the relevant goods c.q. works with the IP rights vested therein.
  3. Customer is prohibited from disclosing and/or reproducing, modifying or making available to third parties (including use for commercial purposes) all documents and software that are subject to Digital Q's IP rights and copyrights without Digital Q's express prior written consent. If Customer wishes to make changes to items delivered by Digital Q, Digital Q must explicitly approve the intended changes.
  4. Customer is prohibited from using the items and records subject to Digital Q's intellectual property rights other than as agreed in the Agreement.
  5. The parties will inform each other and take joint action if IP rights are infringed.

Article 25 - Indemnification and accuracy of information

  1. Customer is solely responsible for the accuracy, reliability and completeness of all data, information, documents and/or records, in any form, that it provides to Digital Q in the context of an Agreement, as well as data obtained from third parties and provided to Digital Q for the purpose of performing the Service.
  2. Client shall indemnify Digital Q from any liability as a result of failure to comply with the obligations regarding the timely provision of all accurate, reliable and complete data, information, documents and/or records.
  3. Customer shall indemnify Digital Q for all claims of Customer and third parties engaged by it or working under it, as well as of customers of Customer, based on the failure to obtain (in a timely manner) any subsidies and/or permissions required in the context of the execution of the Agreement.
  4. Customer shall indemnify Digital Q for any claims by third parties who suffer damage in connection with the execution of the Agreement and which is attributable to Customer.
  5. Customer shall indemnify Digital Q for all claims of third parties arising from the work performed for Customer, including but not limited to intellectual property rights on the data and information provided by Customer that may be used in the execution of the Agreement and/or the acts or omissions of Customer towards third parties.
  6. If Client provides electronic files, software or information carriers to Digital Q, Client guarantees that they are free of viruses and defects.

Article 26 - Complaints

  1. If Customer is not satisfied with Digital Q's service or otherwise has complaints about the execution of his order, Customer is obliged to report these complaints as soon as possible, but at the latest within 7 calendar days after the relevant occasion that led to the complaint. Complaints can be reported verbally or in writing at info@variweb.nl with the subject line "Complaint".
  2. The complaint must be sufficiently substantiated and/or explained by the Client in order for Digital Q to consider the complaint.
  3. Digital Q will respond substantively to the complaint as soon as possible, but no later than 7 calendar days after receipt of the complaint.
  4. The parties will try to reach a solution jointly.
  5. As of February 15, 2016, it is also possible for consumers in the EU to file complaints through the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not already being processed elsewhere you are free to file your complaint through the European Union platform.

Article 27 - Applicable law

  1. The legal relationship between Digital Q and Client is governed by Dutch law.
  2. Digital Q has the right to modify these general terms and conditions and will notify Client accordingly.
  3. All disputes arising out of or as a result of the Agreement between Digital Q and Customer shall be settled by the competent court of Zeeland-West Brabant, location Breda unless provisions of mandatory law designate another competent court.

Kaatsheuvel, Nov. 1, 2021

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