General terms and conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Entrepreneur / we / us: Grow Your Brand, the party offering and selling oneQ products to the consumer via the webshop.
  2. Consumer / you: the natural person not acting in the exercise of a profession or business and entering into a distance contract with us.
  3. Products: the oneQ products and related articles offered via the webshop.
  4. Distance contract: a contract concluded via the webshop without us and you being physically present at the same time.
  5. Cooling-off period: the period within which you can exercise your right of withdrawal.
  6. Right of withdrawal: the right to cancel the distance contract within the cooling-off period.
  7. Day: calendar day.
  8. In writing: by letter or e-mail, or an equivalent form of communication.

Article 2 – Identity of the entrepreneur

Grow Your Brand [add exact legal form, e.g., B.V. or the name of the sole proprietorship] Trading under the name: oneQ (webshops one-q.com and one-q.nl) Registered office and visiting address: Badhuisstraat 18, [4703 BH or 4704 BH — check correct postcode] Roosendaal Telephone: +31 6 23 74 92 92 [mention availability, e.g., Mon–Fri 9:00–17:00] Email: [fill in customer service/webshop email address] Chamber of Commerce number: 90091620 VAT identification number: NL859280998B01

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by us and to every distance contract concluded between us and you.
  2. Before the contract is concluded, we will make these terms and conditions available to you electronically in such a way that you can easily store and save them. Upon your request, we will send them to you free of charge.
  3. If a provision is void or voidable, the remaining provisions will remain in full force. In that case, we will jointly establish a new provision that approximates the purpose of the original as much as possible.
  4. In the event of a discrepancy between these terms and conditions and a translation thereof, the Dutch text shall prevail.
  5. These terms and conditions are exclusively intended for consumers. Business (B2B) purchases are not covered by these; separate terms and conditions apply to them.

Article 4 – The offer

  1. An offer is without obligation. We may modify or withdraw the offer.
  2. The offer contains a complete and accurate description of the products. Images, colors, sizes, weights, and specifications are a faithful representation, but small deviations (e.g., in color reproduction on your screen) are possible and do not constitute grounds for compensation or dissolution.
  3. Obvious mistakes or errors in the offer are not binding on us.
  4. Every offer contains such information that it is clear to you what rights and obligations are attached to acceptance, including the price (including VAT), any shipping costs, the method of payment, delivery and execution, and whether the right of withdrawal applies.

Article 5 – The agreement

  1. The agreement is concluded when you accept the offer by placing your order and meeting the stated conditions.
  2. We will immediately confirm receipt of your order electronically. As long as this confirmation has not been sent, you can dissolve the agreement.
  3. Within legal frameworks, we may investigate whether you can meet your payment obligations and whether there are reasons not to accept an order or to attach conditions to it. We will inform you of a motivated refusal or cancellation as soon as possible.

Article 6 – Prices

  1. All prices in the webshop are in euros, include VAT, and exclude any shipping costs, unless otherwise stated. Shipping costs will be shown before completing the order.
  2. The price that applies is the price as stated at the time of ordering. Price changes after the order do not affect your already concluded agreement.
  3. Obvious pricing errors (e.g., an evidently incorrectly entered amount) are not binding.

Article 7 – Right of withdrawal

  1. You have the right to dissolve the agreement without giving reasons within 14 days after the day on which you or a third party designated by you (not the carrier) receives the product.
  2. If the order consists of multiple products with different delivery times, the period starts on the day you receive the last product.
  3. During the cooling-off period, you will handle the product and its packaging with care. You may unpack and assess the product as you would in a physical store. If you do more than that, you will be liable for the depreciation.

Article 8 – Exercising the right of withdrawal

  1. If you wish to dissolve the agreement, you must report this within the cooling-off period using the model withdrawal form (see appendix) or in another unequivocal manner, for example, by e-mail to [webshop e-mail address].
  2. You must return the product within 14 days of your notification, or hand it over to us.
  3. You must return the product with all supplied accessories, if reasonably possible in its original condition and packaging.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with you.

Article 9 – Costs of withdrawal

  1. The direct costs of returning the product are at your expense, unless we have indicated that we will bear them.
  2. If you have paid, we will refund the full amount — including the standard shipping costs for delivery to you — immediately, and no later than within 14 days after you have reported the withdrawal. We may wait to refund until we have received the product or until you demonstrate that you have returned it, whichever comes first.
  3. We will refund using the same payment method you used, unless you agree to a different method. The refund is free of charge for you.
  4. If you have chosen a more expensive delivery method than the standard one, we are not obliged to refund the additional costs.

Article 10 – Exclusion of the right of withdrawal

The right of withdrawal does not apply to, among others:

  1. products made to your specifications or clearly personalized;
  2. products that are irrevocably mixed with other items after delivery due to their nature;
  3. sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
  4. the other exceptions mentioned in the law.

We will indicate in the offer whether an exception applies.

Article 11 – Delivery and execution

  1. We will exercise the greatest possible care when receiving and executing orders.
  2. The place of delivery is the address you have provided to us.
  3. We will execute accepted orders within 30 days, unless a different term has been agreed upon. If we cannot do this, we will inform you in good time, and you may dissolve the agreement free of charge; we will then immediately refund the amount already paid.
  4. The risk of damage and/or loss of products passes to you at the moment you or a third party designated by you receives the product.

Article 12 – Payment

  1. Payment will be made via the payment methods offered in the webshop, at the time of ordering, unless otherwise agreed.
  2. You are obliged to report inaccuracies in provided or stated payment details to us immediately.
  3. In the event of late payment, we will first send you a reminder with a period of 14 days to still pay. If you still do not pay, we may charge statutory interest and reasonable collection costs, in accordance with the legal scale for consumers.

Article 13 – Conformity and warranty

  1. We guarantee that the products comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the legal provisions applicable on the day the agreement was concluded (statutory conformity).
  2. In addition to statutory rights, a manufacturer's or supplier's warranty may apply. Such a warranty does not affect your statutory rights.
  3. A warranty does not apply if a defect is the result of:
    • improper or incorrect use, or use contrary to the provided instructions, manuals, or advice;
    • incorrect storage or insufficient maintenance;
    • modifications or repairs carried out by you or by third parties without our prior permission;
    • normal wear and tear.

Article 14 – Complaints

  1. Complaints about the execution of the agreement must be reported to us within a reasonable time after you have discovered the defect, fully and clearly described.
  2. We will respond within 14 days of receipt. If a complaint requires more time, we will confirm receipt within 14 days and indicate when you can expect a substantive answer.
  3. In any case, allow us 4 weeks to resolve the complaint in mutual consultation.

Article 15 – Retention of title

The delivered products remain our property until you have paid the full purchase price and any other amounts due.

Article 16 – Intellectual property

  1. All intellectual property rights relating to the webshop, the oneQ brand, product images, texts, and other material belong to us or our licensors.
  2. You may not copy, reproduce, or disclose this material without our prior written permission, except insofar as this is necessary for normal use of the webshop.

Article 17 – Liability

  1. Our liability does not affect your statutory rights as a consumer.
  2. To the extent permitted by law, our liability is limited to direct damage and to a maximum of the invoice amount of the relevant order. Liability for indirect damage, such as consequential damage and loss of profit, is excluded.
  3. The limitations in this article do not apply if the damage is the result of our intent or deliberate recklessness, or in other cases where the law does not permit it.

Article 18 – Force Majeure

  1. We are not obliged to fulfill an obligation if we are prevented from doing so by force majeure.
  2. Force majeure includes, but is not limited to: disruptions in transport or delivery, fire, power, internet or telephone outages, cybercrime, strikes, government measures, natural violence and (natural) disasters.
  3. In the event of force majeure, we may suspend performance for the duration thereof. If the force majeure lasts longer than is reasonable, each of us may dissolve the agreement, without any obligation to pay damages.

Article 19 – Personal Data

We process your personal data exclusively in accordance with the GDPR and as described in our [privacy statement — insert link].

Article 20 – Complaints and Disputes Procedure

  1. Complaints that are not resolved by mutual agreement can be submitted to the competent Dutch court.
  2. As a consumer within the EU, you can also report a dispute via the European ODR platform: https://ec.europa.eu/consumers/odr [check if this platform is still active; the European Commission has announced that it will phase out the ODR platform].
  3. [Optional: state here whether you are affiliated with a dispute resolution committee, for example that of Thuiswinkel.org.]

Article 21 – Applicable Law

  1. All agreements between us and you are governed exclusively by Dutch law. The applicability of the Vienna Sales Convention is excluded.
  2. Mandatory legal protection that you enjoy as a consumer under the law of your country of residence remains fully applicable.