While Q tries to ensure that the information contained on this site is accurate and correct, Q accepts no responsibility for and excludes all of its liability to the maximum extent permitted by applicable law for any and/or all loss or damage whatsoever or howsoever caused which from use of the information contained in or on this site.
Q strongly recommends that you verify that all and/or any information contained in this site is up to date, accurate and complete before relying on it. Q reserves the right to make changes and/or updates with respect to the information contained on this site at any time without notice. Q does not warrant that this site or any software downloaded from this site or any sites that link to this site or which can be accessed from this site are free from viruses or any other harmful elements. Q is not responsible for and does not endorse the content of external internet sites that link to this site or to sites which can be accessed from this site. Q is not responsible for the accuracy and/or completeness and/or availability of prices quoted and/or the quality of any goods or items bought by you from sites that link to this site or to sites which can be accessed from this site. If you make a purchase from a site that links to this site or can be accessed from this site your agreement or arrangement will be with the seller of such item and not Q. Any agreements or arrangements made between you and any third party named on this site are at your sole risk and responsibility.
Electronic links to this site are prohibited unless they are done with the express written permission of Q.The reproduction of this site or of all and/or any text, graphics, photographs or any other information on this site, in any format, is forbidden without the express written permission of Q.
Part of this site may contain advertising. Q is not responsible for and does not endorse the content of advertisements that are contained in this site. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the site complies with all relevant laws. Q is not responsible for any error or inaccuracy in such advertising material.This site is a Dutch based service. Q makes no representation that the materials available on this site are appropriate or available for use in other locations. If you who choose to access this site from other locations you are fully responsible for compliance with local laws if and to the extent that local laws are applicable. This content of this site is governed by and will be construed in accordance with Dutch law.
© Q 2011. All rights reserved.
TERMS AND CONDITIONS Q WEBSHOP
These terms and conditions apply to the use of the Webshop (as defined below) which is offered by Q by means of its Website (as defined below).
Before you enter into an agreement with Q, these terms and conditions are offered to you electronically, in order for you to print them and store them on your computer.
These terms and conditions address natural persons, who are acting for purposes outside their trade or profession. If you are a party, who is acting for purposes within his or her trade or profession and you wish to purchase Products (as defined below) in the Webshop, please contact info@q1905.com. If you, as a party who is acting for purposes within his or her trade profession, nonetheless purchase Products in the Webshop, Q reserves the right to rescind the agreement between you and Q or to attach deviating and/or additional conditions to the agreement.
Article 1 Definitions
In these terms and conditions the following definitions are indicated with a capital letter. These definitions have the following meaning:
1.1 Account: the personalized section of the Website that can be activated and maintained by the Customer.
1.2 Agreement: the distance selling agreement between you and Q which is entered into by means of the Website.
1.3 Intellectual Property Rights: all the intellectual property rights and associated rights such as copyrights, trademark rights, patents, model rights, trade name rights, database rights, domain name rights and neighbouring rights as well as the rights to know how and one-line performances.
1.4 Products: the products that can be ordered and purchased by means of the Website.
1.5 Q: the company with limited liability Ferrini B.V.
1.6 Website: the website www.Q1905.com and all underlying web pages, including the Webshop.
1.7 Webshop: that part of the Website on which Q offers you the possibility to order and purchase the Products.
Article 2 Q
2.1 The company details of Q are as follows:
- visiting address: Nijverheidsstraat 11
- internet address: www.Q1905.com
- e-mail address: info@q1905.com
- telephone number: 0031 78 67 48 410
- Chamber of Commerce number: 24321031
- VAT-number: NL809771536B01
Article 3 Applicability
3.1 These terms and conditions apply to every offer of Q as made on the Website as well as every agreement that is entered into between you and Q. Any deviation from these terms and conditions will be valid only if and to the extent that it has been expressly confirmed by Q in writing.
3.2 Q is at all times entitled to amend or supplement these terms and conditions without any prior notice. The most current terms and conditions will be implemented in the ordering process on the Webshop. Amended or supplemented terms and conditions do not apply to Agreements that have already been entered into.
Article 4 Account
4.1 In order to make optimum use of the Website and the Webshop, you are offered the possibility to create an Account in the manner described on the Website. When creating an Account, you are required to provide accurate and true information. Violation of this rule may result – among other measures - in termination of your Account. When creating an Account, you will have to provide a password and user name by which you can access your Account.
4.2 The information provided when creating an Account, will be processed by Q in accordance with its privacy statement. The privacy statement can be consulted at the website.
4.3 You yourself are solely responsible for maintaining the confidentiality of your password and user name combination. You are responsible and liable for all activities conducted through your Account, even if this occurs without you permission. You agree to immediately notify Q of any unauthorised and/or fraudulent use of your Account, notwithstanding your own obligation to take immediate effective measures yourself such changing your password.
4.4 You agree to indemnify Q against any and all damages and costs resulting from third party claims and all related liabilities arising out of, or relating to, the use of your Account.
4.5 Q reserves the right to change your Account as well as your password and/or user name, if this is in the interest of the functioning of the Website and/or Webshop or to prevent fraudulent use of the Website and/or Webshop.
Article 5 Formation of the Agreement
5.1 All offers made by Q on the Website are without prejudice and subject to contract, unless explicitly stated otherwise. Each and every offer contains a full and accurate description of the relevant Product. In the event an offer has a limited period of validity, this will be stated on the Website.
5.2 Q is not (legally) bound to any offers and/or agreements in the event of a printer’s error and/or programming error on the Website, including but not limited to prices of which you reasonably must understand they are incorrect.
5.3 The Agreement is entered into by acceptance of the offer, provided that the stipulated conditions are also met. Q will without delay electronically confirm the formation of the Agreement. Until the time you have received this confirmation, you are entitled to rescind the Agreement.
5.4 You warrant to and guarantee Q that all information you provide in the Webshop is complete and accurate. The personal data provided in the process of ordering and purchasing Products, will be processed in accordance with the privacy statement. The privacy statement can be consulted here on the website.
5.5 Electronic communication is deemed to have been received on the day it has been sent by Q, subject to evidence furnished to the contrary by you. In the event the electronic communication has not been received as a result of delivery and/or accessibility problems regarding your email box, this will be for your own risk and account, also in the event the email box is located at a third party such as an ISP.
5.6 Q is not responsible and/or liable for any electronic communications that have not or not completely been received, delays in communications and/or any other loss of data as a result of the use of the internet and/or other means of communication between you and Q and/or between Q and third parties, unless this is the result of gross negligence or intentional acts or omissions of Q itself or its management.
Article 6 Use of the Website and Webshop
6.1 You accept that the Website and Webshop only include the functionalities and other characteristics as found in the Website and Webshop at the time it is used (“as is”). Q excludes any explicit and tacit guarantees, undertakings and warranties of any nature whatsoever including, but not limited to, guarantees, undertakings and warranties with regard to the quality, safety, lawfulness, integrity and accuracy of the Website and Webshop, to the extent possible under applicable mandatory law.
6.2 Q can not guarantee that the Website and Webshop will be accessible at all times and without any interruptions and/or failures. Failures in the Website and Webshop can occur, but not exclusively, as a result of failures in the internet or phone connection or by viruses, faults and/or defects. Q will not be liable to you in any way for any losses and/or damages resulting from the (temporarily) unavailability of the Website and/or Webshop.
6.3 The technical requirements and facilities necessary in order to be able to use the Website and Webshop including, but not limited to, hardware, internet connection and/or mobile telephones as well as the costs of their use, will be at your own expense.
Article 7 Prices and payment
7.1 All prices and rates stated on the Website and in the Webshop are in Euros and inclusive of VAT and exclusive other levies, including but not limited to delivery costs, unless explicitly stated otherwise.
7.2 Q has the right to amend and/or change prices of the Products. These price changes will not apply to Products that have already been purchased but have not yet been delivered.
7.3 Customer can pay for the Products by making use of one of the payment methods as provided for on the Website and during the purchasing procedure. Customer acknowledges and agrees that further conditions, including but not limited to payment obligations, may apply to the purchase of the Products.
7.4 In the event you do not pay timely and/or not completely, Q reserve the right to suspend and/or terminate the Agreement.
7.5 If you fail to comply with your payment obligations, you will be in default ipso jure, without a warning or notice of default being required. As of such time, you are due to pay 1% interest per month over the amount due, part of the month to be taken as one whole month. In the event that such contractual interest is conflicting with applicable mandatory law, the statutory interest will be applicable.
7.6 If you, having been served notice of default, fail to pay the amount due, plus interest, Q may engage a debt collection agency for the collection of the amount due. In such an event, you, in addition to the main sum plus statutory interest, must expressly pay the extrajudicial costs as well as any judicial costs in addition to any compensation assigned in the legal action. The extrajudicial costs will at least amount to 15% of the main sum, with a minimum of € 250.
Article 8 Delivery
8.1 Q will deliver the Products to you in the manner as described on the Website to the address provided by you.
8.2 All delivery dates and delivery times mentioned on the Website and in the Webshop are indicative. Q will try to deliver the Products within a reasonable time, but at least within thirty (30) working days, unless Q’s confirmation of an order already mentions an other - longer - delivery term. If Q is unable to deliver the Products within thirty (30) working days, it will notify you thereof. You then have the possibility to, free of charge, terminate the Agreement. If you terminate the Agreement as provided for in this article 8.2, Q will return the payments already made within thirty (30) days.
8.3 Exceeding the delivery time and/or date will not entitle you to any compensation and/or damages other than return of the payments already made.
Article 9 Retention of title
9.1 All Products delivered by Q, shall remain Q’s property until you have fulfilled all of your obligations under the Agreement, including but not limited to payment obligations.
9.2 You shall not be authorised to pledge or encumber in any way the Products falling under the retention of title.
9.3 The risk of loss of or damage to the Products shall be transferred to you the moment said Products are delivered to the address you provided. If you do not offer the necessary cooperation or otherwise prevent the delivery of the Products, the risk of loss, or damage of the Products will nonetheless be transferred to you, unless the cause for the delivery failure can not be attributed to you.
Article 10 Conformity
10.1 Q warrants that the Products conform the Agreement as well as the mandatory requirements that, at the time of formation of the Agreement, apply to the Products.
10.2 Notwithstanding article 10.1, you have the obligation to immediately after delivery of the Products check the Products for their conformity with the Agreement. In the event of any defect, you must as soon as reasonably possible but at least within two (2) months after such discovery notify Q thereof in writing. The written notification must contain a clear description of the defects.
10.3 In the event it has been demonstrated that the Product does not conform with the Agreement, Q, at its sole discretion, has the choice to, upon return of the defected Product, i) as yet correctly comply with he Agreement, or ii) to refund the purchase price as well as any delivery costs.
10.4 Correct compliance with the Agreement as meant in article 10.3 will be free of charge and within a reasonable period of time. Correct compliance consists of the delivery of Products in so far as Products and/or parts thereof are lacking, and correction or replacement unless this is not reasonably possible or can not be reasonably demanded of Q.
10.5 You can not invoke article 10.1 up to and including 10.4 if, at the moment the Agreement was entered into, you already had or should have had knowledge of the nature of the non-compliance, or in the event that the nature of the Products and/or the non-compliance opposes such invocation.
Article 11 Right of withdrawal
11.1 If you, for whatever reason, do not wish to keep the Product after delivery, you have the right to terminate the Agreement within seven (7) days of delivery.
11.2 Upon termination of the Agreement as stated in this article, you must immediately return the Product. If the Product has already been paid for, Q will refund the purchase price within thirty (30) working days.
11.3 Q will not charge you any costs for the termination of the Agreement as meant in article 11.1. However, the costs directly pertaining to the return of the Product are at your own expense.
11.4 During the period of seven (7) days you will exercise the utmost care in handling the Product and the accompanying packaging material. Removing the packaging material and using the Product is only allowed in so far as necessary to determine whether you wish to keep the Product. You are held to return the Product in its original state and in the original packaging material in so far as reasonably possible. In the event you violate this article and/or the returned Product has been used or damaged, the termination of the Agreement and subsequent return of the Product will have no legal effect and will be void. Q will, in deviation from article 11.3, be in that case entitled to charge additional costs.
11.5 You may not exercise you right of withdrawal:
i) for the provision of Products that are made to your specifications or are clearly personalized or which, by reason of their nature, cannot be returned
Article 12 Liability
12.1 The liability of Q as to an attributable failure in the performance of the Agreement and/or an unlawful act shall remain limited to compensation of the direct damages suffered by you to a maximum of the total amount paid by you under the Agreement.
12.2 Direct damages are exclusively defined as the costs you reasonably incur in repairing or resolving Q´s failure to perform, in order to make performance of Q comply with the Agreement, and the reasonable costs of preventing or limiting such damages and the reasonable costs of establishing the cause and the scope of such damages.
12.3 Q shall not be liable for any other damages than direct damages including, but not limited to, consequential damages arising out of, or in connection with this Agreement, such as, but not limited to, loss of profit, loss of business, loss of anticipated savings, or any other similar financial loss or loss of goodwill.
12.4 In any event, your right to claim damages under this article, under tort or otherwise shall lapse one (1) year after the occurrence giving rise to the claim or action.
12.5 The limitations mentioned in article 12.1 shall not apply if and insofar as the damage or injury is the result of intentional acts or omissions or gross negligence by Q or its board of directors.
Article 13 Force Majeure
13.1 Q shall have no liability to you under this Agreement if it is prevented from, or delayed in, performing, its obligations under this Agreement or from carrying on its business due to a force majeure event. If the period during which performance of the Agreement is impossible because of force majeure lasts or will last longer than two (2) months, both you and Q shall be entitled to terminate the agreement, without any liability to each other.
13.2 A force majeure event in the context of this article 13 shall mean any act, event, omission or accident beyond Q’s reasonable control, including but not limited to a lack of production capacity, transport problems, flooding, fire and/or a force majeure event that occurs in the businesses of any of Q’s third party suppliers as a result of which Q is unable to performing its obligations under the Agreement.
Article 14 Intellectual Property Rights
14.1 All Intellectual Property Rights in the Website, the Webshop, the Products and/or any other material published, prepared or supplied by Q to you shall remain vested in Q and/or its licensors.
14.2 Nothing in these terms and conditions and/or the Agreement will be construed as granting and/or transferring any Intellectual Property Rights, by license or otherwise, to you.
Article 15 Privacy
15.1 As referred to in article 4.2 and 5.4, Q will process and use your personal data in accordance with Q’s Privacy Statement which can be consulted at the website.
Article 16 Applicable law and disputes
16.1 These terms and conditions as well as the Agreement and any use of the Website and Webshop will be governed by Dutch law.
16.2 Any disputes arising from these terms and conditions, the Agreement and/or the use of the Website and Webshop will be submitted to the competent Court in Amsterdam, the Netherlands unless mandatory national and/or international law stipulates otherwise.
Article 17 Miscellaneous
17.1 Should any term or provision of these terms and conditions be or become invalid or unenforceable, the validity or enforceability of the other provisions of these terms and conditions shall not be affected thereby. The invalid or unenforceable provision shall be deemed to be substituted by a suitable and equitable one which, to the extent legally permissible, comes as close as possible to the intent and purpose of the invalid or unenforceable provision.
17.2 Q is entitled to use third parties in the performance of the Agreement.
17.3 Applicability of the UN Convention on Contracts for the International Sale of Goods (Vienna Sales Convention) is hereby excluded.
Article 18 Contact
18.1 If you have any questions, remarks or complaints, please contact us at:
Ferrini b.v.
Nijverheidsstraat 11
3291 CH Strijen
Holland
***
Welcome to the Q website (hereinafter: the “Website”). The following disclaimer governs your use of this Website. We therefore recommend that you read this Disclaimer carefully.
Information
Q tries to ensure that the information contained on this site is accurate and correct. However, inaccuracies and incompleteness can occur. Therefore, Q accepts no responsibility for and excludes all of its liability to the maximum extent permitted by applicable law for any and/or all losses or damages whatsoever or howsoever caused by using the Website, the information contained in or on this Website and/or the inability to use this Website.
Q strongly recommends that you verify that all and/or any information contained in this site is up to date, accurate and complete before relying on it.
Q reserves the right to make changes and/or updates with respect to the information contained on this site at any time without notice.
Third party sites
This site may contain links to websites of third parties (i.e. by means of hyperlinks, banners and/or other advertising). Q does not warrant that this site or any software downloaded from this site or any sites that link to this site or which can be accessed from this site are free from viruses or any other harmful elements. Q is not responsible for and does not endorse the content of external internet sites that link to this site or to sites which can be accessed from this site.
Q is not responsible for the accuracy and/or completeness and/or availability of prices quoted and/or the quality of any goods or items bought by you from sites that link to this site or to sites which can be accessed from this site. If you make a purchase from a site that links to this site or can be accessed from this site your agreement or arrangement will be with the seller of such item and not with Q. Any agreements or arrangements made between you and any third party named on this site are at your sole risk and responsibility.
Furthermore, Q is not responsible for and does not endorse the content of advertisements that are contained in this site. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the site complies with all relevant laws. Q is not responsible for any error or inaccuracy in such advertising material.
Intellectual property rights
The reproduction of this site or of all and/or any text, graphics, photographs or any other information on this site, in any format, is forbidden without the express written permission of Q.
With the exception of third party advertising, all content made available on the website, including but not limited to the photographs, the products, clothing, text, look and feel, video material, pictures, trademarks, logo’s, designs and any other information are protected by international intellectual property rights, including but not limited to copyrights, trademark rights and database rights, and are exclusively vested in Q and/or its licensors. Without prior written consent of Q you are not entitled to reproduce and/or disclosure the content and/or provide the content to third parties, unless mandatory law stipulates otherwise and/or as far as necessary to make use of the Website.
It is furthermore forbidden to extract and/or re-utilize a (non) substantial part of the Website (repeatedly and systematically) as meant in the Dutch Databases Act.
Applicable law and jurisdiction
This site is a Dutch based service. Q makes no representation that the materials available on this site are appropriate or available for use in other locations. If you who choose to access this site from other locations you are fully responsible for compliance with local laws if and to the extent that local laws are applicable. This content of this site is governed by and will be construed in accordance with Dutch law.
Contact
If you have any questions and/or remarks with regard to the use of this website, please contact:
Ferrini bv, 078 – 67 48 410.
© Q 2010.
All rights reserved.
QUICK PRIVACY STATEMENT
FERRINI B.V. (hereinafter: “Q”) takes your privacy very seriously and will process and use information about you in a secure manner. This document gives a description of the Privacy Statement of Q. We therefore recommend that you read this Privacy Statement carefully.
1. Who is Q?
Q is established in 3291 CH Strijen at Nijverheidsstraat 11, and is registered with the Chamber of Commerce under registration number 24321031. Q’s VAT number is NL809771536B01.
In case of questions and/or remarks regarding this privacy statement, you can reach us by phone 0031 78 67 48 410 and by email info@Q1905.com.
The manner in which Q processes your personal data has been registered with the Dutch Data Protection Authority under number [insert].
2. What personal data is collected and processed by Q?
Q processes the following personal data:
Automatically Generated Information
Q collects automatically generated information about your surfing behaviour during your use of the website www.Q1905.com and all underlying web pages (hereinafter the “Website”). This information consists inter alia of your IP address (number of your computer making it possible to recognise your computer), the browser type (computer program to enable the viewing of internet pages) that you use and “cookies”.
3. What are cookies and how is Q using them?
In order to make your use of the Website as easy as possible, Q uses cookies that are saved by your browser on your computer. Cookies are little bits of information sent by our server to your server which are returned to our server on your next visit. These little text files are saved on the hard disk or in the memory of your computer. Cookies cannot damage your computer or the files stored on your computer.
Information is saved in the cookies (such as the settings of your pc and preferences indicated by you ) in order to make the next use of the Website easier. Apart from your IP address this information does not include a name or address details or other personal data. You can adjust your browser so that you don’t receive any cookies during your next use of the Website. However, in that case you may not have access to (parts of) the Website. In order to know more about the functionality of cookies, please consult your browser instruction or the “Help function” in your browser.
Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.”
4. For what purposes will Q use your personal data?
Purposes
Q will use the personal data it has collected for the following purposes:
Use by Q
Besides executing the agreement between you and Q for the purchase of products on the Website, Q also wants to keep you informed of other products and/or services of Q. If you subscribed to the Q news letter, Q will send you the newsletter periodically. Furthermore, Q will keep you informed of any other products, services or activities actions offered and/or organised by Q. Once in a while you can expect a message from Q in this respect. In case you do not wish to receive the Q news letter any longer, every individual Q newsletter will offer you the possibility to unsubscribe.
Q uses the Automatically Generated Information for statistical purposes as well as for protection of the Website. These details can be provided to third parties insofar as they cannot be traced back to you personally.
Use by third parties
Without your explicit consent Q will not provide your personal data to any third parties for direct marketing purposes (i.e. for sending advertisements). However, Q can provide your personal data to third parties insofar as this is necessary for execution of the agreement, to deliver the Q news letter and/or insofar as these details can not be traced back to you personally. Finally, Q can provide your personal data to third parties if Q is obliged to do so pursuant to legal provisions, Q is forced to do so as a result of a legal case and/or in the event that Q regards it as necessary for the protection of its own rights.
5. In what manner does Q protect your personal data?
Q will take suitable technical and organisational measures to protect your personal data against loss or against any form of unlawful processing.
6. Transfer of company
In the event of further growth and development of Q, one or more parts of the assets of the company may be transferred to a third party or Q may merge with a third party. In that case your personal data will also be transferred.
7. Transfer to countries outside the EU
It may be required for technical and operational reasons that your personal data are transferred to (servers of) companies affiliated to us in the United States or other countries outside Europe where the regulations in the field of privacy protection might not provide the same protection as in the European Union.
8. Access to personal data
If you wish to obtain conformation as to whether or not personal data relating to you have been processes, please contact us at privacymail@q1905.com. You can also contact us if you wish to know more about the purpose of processing your personal data, the categories of personal data concerned and/or the identity of the recipients of your personal data.
You can request Q to rectify, amend, erase or block the processing of personal data which are incomplete or inaccurate or are otherwise processed in violation of applicable legal provisions. Q will reply to such requests within four (4) weeks.
9. How long will Q store your personal data?
Q will store your personal data no longer than necessary for the accomplishment of the purposes for which the personal data have been collected and are being processed
10. Are minors allowed to use the Website?
Everybody is allowed to use the Website. However, minors younger than sixteen (16) years old, must have permission of their parents and/or legal guardians before using the Website to purchase products.
11. Can Q change this Privacy Statement?
Q is entitled to change this privacy statement at any time and without any prior notice. Q will inform you of any changes to the privacy statement on the Website.
12. Applicable Law and Jurisdiction
To this privacy statement and the processing of personal data by Q, Dutch law applies. Any dispute that arise out of this privacy statement and/or the processing of personal data by Q, will only be submitted to the competent court in Amsterdam.
© 2011 Q