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SERVICES
Introduction
These are our General Terms and Conditions. These General Terms and Conditions always apply when you use our website or place an order through our website. They contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.
Article 1. Definitions
1.1. QUBZ B.V.: based in Amsterdam and registered with the Chamber of Commerce under file number 34073682, trading as No Excess B.V..
1.2. Website: the Website of QUBZ B.V., to be found on www.qubzclothing.com and all of its subdomains.
1.3. Customer: the natural person or corporation who enters into an agreement with QUBZ B.V. and/or is registered on the website.
1.4. Agreement: any arrangement or agreement between QUBZ B.V. and Customer of which the General Terms and Conditions are an integral part.
1.5. General Terms and Conditions: these General Terms and Conditions.
Article 2. Applicability of the General Terms and Conditions
2.1. The General Terms and Conditions apply to all offers, agreements and deliveries of QUBZ B.V., unless explicitly agreed otherwise in writing.
2.2. If customer in his order, confirmation or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not included in the General Terms and Conditions, such provisions will only be binding upon QUBZ B.V. if and in so far as QUBZ B.V. has accepted them in writing.
2.3. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, customer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
Article 3. Prices and information
3.1. All prices posted on the website and in other materials originating from QUBZ B.V. include taxes and other levies imposed by the government, unless stated otherwise on the website.
If shipping costs are charged, these will be clearly stated in good time before the contract is concluded. These costs will also be displayed separately in the ordering process.
3.2. The content of the website is composed with the greatest care. QUBZ B.V. cannot, however, guarantee that all information on the website is correct and complete at all times. All prices and other information posted on the website and in other materials originating from QUBZ B.V. are subject to obvious programming and typing errors.
3.3. QUBZ B.V. cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen.
Article 4. Conclusion of the Agreement
4.1. The Agreement will be deemed to be concluded at the moment customer accepts the offer of QUBZ B.V. subject to the conditions laid down by No Excess B.V.
4.2. If customer has accepted the offer by electronic means, QUBZ B.V. will confirm receipt of acceptance of the offer by electronic means without delay in the form of an electronic order confirmation. Until such receipt of acceptance is confirmed, customer will have the possibility to terminate the agreement. When there is no conformation send per electronic means by QUBZ B.V., customer cannot derive rights from the placed order.
4.3 When appears that customer has not paid the order, customer cannot derive any rights from the order made.
4.4. If it is found that, in accepting or otherwise entering into the agreement, customer has provided incorrect data, QUBZ B.V. will have the right to postpone the agreement until the correct data is received.
4.5. QUBZ B.V. is allowed, within legal frameworks, to determine whether customer could comply with payment conditions, but also all facts and factors that are necessary for concluding an agreement responsibly. When QUBZ B.V. finds, on grounds of these investigations, good reasons to not conclude the agreement, QUBZ B.V. is entitled to cancel or refuse an order or application.
4.6. QUBZ B.V. reserves the right to not fulfill any shipments to remote areas from all the shipping countries mentioned on our website.
Article 5. Registration
5.1. To make optimal use of the website, consumer can register using the registration form/the account sign-in option on the website.
5.2. During the registration process, consumer will be asked to choose a user name and password with which he can log on to the website. Consumer alone is responsible for choosing a sufficiently reliable password.
5.3. Consumer must keep its login credentials, user name and password strictly confidential. QUBZ B.V. cannot be held liable for any misuse of the login credentials and is always entitled to assume that consumer who logs on to the website is the party that it professes to be. Consumer is responsible for and bears the full risk of any and all actions and transactions performed via consumer’s account.
5.4. If consumer knows or has reason to suspect that its login details have become available to unauthorized parties, it will be required to change its password as soon as possible and/or to notify QUBZ B.V. accordingly so as to allow QUBZ B.V. to take appropriate measures.
Article 6. Execution of the Agreement
6.1. As soon as QUBZ B.V. has received the order, it will send the products to consumer without delay and with due regard for the provisions of paragraph 3 of this article.
6.2. QUBZ B.V. is authorized to engage third parties in the fulfillment of its obligations under the agreement.
6.3. Well ahead of the date on which the agreement is signed, information will be posted on the website which clearly describes the manner in which and the term within which the products will be delivered. If no delivery term has been agreed or stated, the products will be delivered within 30 days at the latest.
6.4. If QUBZ B.V. is unable to deliver the products within the agreed term, it will notify consumer accordingly. In this case QUBZ B.V. will have two weeks to still deliver the products. When it seems not to be possible to deliver the products within these two weeks, customer will have the possibility to dissolve the agreement without incurring any costs.
Consumer can decide either to agree to a new delivery date or to terminate the agreement without incurring any costs.
6.5. QUBZ B.V. advises consumer to inspect the products upon delivery and to report any defects within an appropriate period, preferably in writing or by email. For further details, see the article about guarantee and conformity.
6.6. The risks associated with the products will transfer to consumer as soon as the products are delivered at the agreed delivery address.
6.7. If the ordered product can no longer be supplied, QUBZ B.V. is entitled to deliver a product which is comparable in nature and quality to the ordered product. In that case, consumer will have the right to terminate the agreement without incurring any costs and to return the product free of charge.
Article 7. Right of withdrawal/return
7.1. This article only applies if consumer is a natural person who is not acting in his or her professional or commercial capacity. Business consumers therefore have no right of withdrawal.
7.2. Consumer will have the right to dissolve the distance agreement with QUBZ B.V. within 30 days after receiving the product, free of charge and without stating reasons.
7.3. The term commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:
-If the delivery of a product involves different deliveries or parts: the day on which consumer, or a third party designated by consumer, received the last delivery or the last part;
-With contracts for the regular delivery of products during a given period: the day on which consumer, or a third party designated by consumer, received the last product;
-If consumer has ordered several products: the day on which consumer, or a third party designated by consumer, received the last product.
7.4. Any shipping costs paid by consumer and the purchase price paid for the product will be refunded to consumer if the entire order is returned. When the order is send to The Netherlands, Belgium, Luxembourg or Germany QUBZ B.V. is responsible for any shipping costs and return costs made. However, if consumer decides to use a different shipping and/or return method than stated in the general conditions, consumer is responsible for any costs made and QUBZ B.V. will not refund any costs made. When consumer is not from one of the countries mentioned in this article, consumer is responsible for shipping and return costs. Only when the entire order has been returned, shipping costs will be refunded by QUBZ B.V. as well.
7.5. During the withdrawal period referred to in paragraph 1, consumer will treat the product and its packaging with the utmost care. Consumer may not open the packaging or use the product unless this is necessary in order to determine the nature of the products, their features and their operation.
7.6. Consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted.
7.7. Consumer can terminate the agreement in accordance with paragraph 1 of this article by reporting the withdrawal (digital or in other form) to QUBZ B.V., within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way. If QUBZ B.V. makes it possible for consumer to declare his withdrawal via electronic/digital means, then after receiving such a declaration, QUBZ B.V. sends immediate confirmation of receipt.
7.8. As quickly as possible, but no later than 14 days after the day of reporting as referred to in paragraph 1, consumer shall return the product, or hand it over to (a representative of) QUBZ B.V.. Consumer can send the product directly to QUBZ B.V. without a notice of withdrawal in advance within the period as mentioned in paragraph 1. Consumer must, in this case, include a written notice of withdrawal, such as the model form.
Products can be returned to the following address:
Maroastraat 79, 1060 LG, Amsterdam
7.9. The purchase price paid by consumer (in advance) will be refunded to consumer as soon as possible, and in any case within 14 days after dissolution of the agreement. If consumer decides to return the entire order, the shipping costs will be refunded as well. If consumer chose an expensive method of delivery in preference to the cheapest standard delivery, QUBZ B.V. does not have to refund the additional costs of the more expensive method. Except in cases in which QUBZ B.V. has offered to retrieve the product himself, he can postpone refunding until he has received the product.
7.10 If consumer added a free promotional product along with their purchase order at the QUBZ B.V. Website, they need to return this item if the return order amount is below the order amount set for the promotion. If consumer fails to do so, QUBZ B.V. is forced to deduct the value of the product with consumer its refund.
7.11. Information about the applicability or non-applicability of a right of withdrawal and any required procedure will be posted clearly on the website, well before the agreement is concluded.
Article 8. Payment
8.1. Customer shall pay the amounts due to QUBZ B.V. in accordance with the ordering procedure and any payment methods indicated on the website. If customers fails to meet these terms, customer cannot derive any rights from its order. QUBZ B.V. is free to offer any payment method of its choice and may change these methods at any time. In cases of payment after delivery via Klarna, customer will be given a term of payment of 14 days entering on the day after delivery.
Article 9. Warranty and conformity
9.1. This article only applies if consumer is a natural person who is not acting in his or her professional or commercial capacity. If QUBZ B.V. gives a separate warranty on the products then, without prejudice to the aforesaid, this applies to all types of consumers.
9.2. QUBZ B.V. guarantees that the products are in conformity with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the agreement. If specifically agreed, QUBZ B.V. also guarantees that the product is suitable for other than normal use.
9.3. If the delivered product is not in conformity with the agreement, consumer must inform QUBZ B.V. within a reasonable period of time after he has discovered the defect.
9.4. If QUBZ B.V. deems the complaint to be correct, the faulty product(s) will be repaired, replaced or refunded in consultation with consumer. The maximum amount of compensation is, having regard to the article on liability, equal to the price paid by consumer for the product.
Article 10. Complaints handling procedure
10.1. If customer has any grievances in connection with a product (in accordance with the article on warranties and conformity) and/or about other aspects of QUBZ B.V.’s service, it can submit a complaint by telephone, by email or by post. See the contact details at the bottom of the General Terms and Conditions.
10.2. QUBZ B.V. will respond to the complaint as soon as possible, and in any case within 3 days after having received it. If it is not yet possible for QUBZ B.V. to formulate a substantive reaction to the complaint by that time, QUBZ B.V. will confirm receipt of the complaint within 3 days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to customer's complaint.
10.3. If customer is a natural person who is not acting in his or her professional or commercial capacity, it can file a complaint through the European Online Dispute Resolution platform, available at: http://ec.europa.eu/odr/.
Article 11. Personal details
11.1. QUBZ B.V. will process the consumer’s personal details in accordance with the privacy statement.
Article 12. Final provisions
12.1. This agreement is governed by the laws of the country of establisment of the webshop.
12.2. Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the agreement will be submitted to the competent Dutch court in the district where QUBZ B.V. has its registered office.
12.3. If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.
12.4. The term ‘written’ in these General Terms and Conditions also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.
Contact Details
QUBZ B.V.
Maroastraat 79, 1060 LG, Amsterdam
info@qubzclothing.com
Article 1 – Identity
The general terms and conditions apply to the webshop of QUBZ B.V. and cover all sales, delivery and payment activities to our consumers via the No-Excess.com website. By placing an order, you explicitly agree with these terms and conditions. The applicability of any general condition of the consumer is explicitly rejected by QUBZ. Changes of, and additions to, these general terms and conditions can only be agreed in writing. In the event of inconsistency between the text of these terms and conditions in Dutch and those in a different language, the Dutch version will be binding. We reserve the right to change or supplement the general terms and conditions on the condition that QUBZ has sent the changed terms and conditions in accordance with the provisions in Article 3.2 of these general terms and conditions to the consumer. The consumer is entitled to dissolve the agreement if the change entitles QUBZ to perform in a way which essentially deviates from what has been promised.
Name of entrepreneur: QUBZ B.V.
Address: Maroastraat 79, 1060 LG Amsterdam, The Netherlands
Opening times: Monday to Friday from 9:00 a.m. to 5:00 p.m.
E-mail address: webshop@no-excess.com
Telephone number :+31 (0)20-65876610
Fax number : +31 (0)20-6595652
Chamber of Commerce number: 34073682
VAT number: NL 806082768B01
Article 2 – Definitions
In these general terms and conditions the following terms have been meanings referred to:
Cooling-off period: the period during which a consumer can use is right of withdrawal.
Consumer: the natural person who is not actually for purposes relating to his trade, business, artisan or professional activity.
Day: calendar day.
Continuing performance contract: a distance agreement relating to a series of products and/or services, of which the delivery and/or the purchasing obligation is spread out over time.
Durable data carrier: any means - including email - that enables a QUBZ consumer to store information that is directed at him personally, in a way that makes it possible to consult or use said information in the future during a period which is attuned to the purpose for which the information is intended and which makes it possible to reproduce it unmodified.
Right to withdrawal: the possibility for a consumer to cancel the distance agreement during the cooling-off period.
Withdrawal form: the form for withdrawal which is included in Annex I of these terms and conditions.
Entrepreneur: the natural person or legal entity that offers products and/or services to consumers at a distance.
Distance agreement: an agreement which is entered into between QUBZ and a consumer within the framework of an organised system for distant selling of products whereby, up to and including the closure of the agreement, one or more techniques for distant communications are exclusively or jointly used.
Technology for distance communication: a means that may be used for closing an agreement, without a consumer and QUBZ having to have met in the same room simultaneously.
General Terms and Conditions: these general terms and conditions of the entrepreneur.
Article 3 – Applicability
These general terms and conditions apply to any offer by QUBZ and to any distance agreement between QUBZ and a consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer by electronic means in such a way that the consumer can save them on a durable data carrier. If this is not reasonably possible QUBZ will indicate, before the distance agreement is concluded, how the general terms and conditions can be accessed by electronic means and that they will be sent by electronic means to the consumer, free of charge, at the consumer's request.
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. QUBZ is entitled to change and adapt the offer.
Apparent mistakes or errors in a product offer are not binding for QUBZ.
Each offer will contain sufficient information to clarify to the consumer the rights and obligations which are attached to acceptance of the offer.
Article 5 – The agreement
The agreement is formed at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions stated therein.
If the consumer has accepted the offer by electronic means, QUBZ will immediately confirm receipt of the offer acceptance by electronic means.
Prior to the formation of the agreement QUBZ will provide the consumer with the following information:
the visiting address of the branch of QUBZ which the consumer can, for example, contact in connection with complaints;
the conditions which apply to, and the way in which the consumer can use, the right of withdrawal, or clear communication relating to exclusion of the right of withdrawal;
the information relating to guarantees and existing after-sales service;
the product price including all taxes, insofar as applicable the costs of delivery and the method of payment, delivery or execution of the distance agreement;
the withdrawal form if the consumer has a right of withdrawal.
How to place an order at No-Excess.com We have made the order process as straightforward as possible. All you have to do is add products to your shopping basket and complete a few steps to place your order.
Add one or more products to your shopping basket. To do so, use the ‘in shopping basket’ button.
When you click ‘shopping basket’, you will immediately see which products are in your shopping basket. If you want to continue shopping, you should go back to product overview. If you want to check out, click the ‘check out’ button.
Enter your invoice details. If the delivery address differs from the invoice address, you should select ‘deliver to a different address’.
Then choose the desired payment method:
iDEAL
Credit card
Sofort Banking
BankContact
PayPal
Accept the General Terms and Conditions by selecting the check box. You can read our General Terms and Conditions before you finish your order by clicking the link.
Check the order overview before definitively completing your order by clicking ‘place order’.
You will now be taken to the payment method of your choice and you will be able to place the definitive order by completing the payment process.
You will then receive an email with a confirmation of your order.
As soon as we have received payment, the order will be placed ready for dispatch and we will ensure that your order is processed. We will update you about your order and its status by email.
Article 6 – Right of withdrawal
The consumer can dissolve an agreement relating to the purchase of a product, without having to give reasons, during a 14 day cooling-off period. Although QUBZ may ask the consumer for the withdrawal reason, the consumer is not obliged to give one.
The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer, that is not the transport operator, has received the product, or:
if the consumer has ordered a number of products in one and the same order: the day on which the consumer, or a third party it has designated, has received the final product. QUBZ may, provided it has clearly informed the consumer to that effect prior to the order process, refuse an order for several products with different delivery times; or
if the delivery of a product consists of various consignments or parts: the day on which the consumer, or a third party it has designated, has received the final consignment or the final part.
Article 7 – Obligations of the consumer during the cooling-off period
During the cooling-off period, the consumer will look after the product and the packaging. The consumer will only unpack or use the product to the extent that is necessary in order to determine the nature, characteristics and operation of the product. The point of departure in this regard is that consumers may only use and inspect the products as very would do in a store.
The consumer is liable for any decrease in value of the product which is the consequence of handling the product which goes beyond what is permitted in Article 7, paragraph 1.
Article 8 – Exercising the right of withdrawal by the consumer and the related costs
If the consumer uses his right of withdrawal, he must report this to QUBZ during the cooling-off period using the withdrawal form or in another unequivocal way.
As quickly as possible, but in any event within 14 days from the day following the notification referred to in Article 8, paragraph 1, the consumer will return the product, or hand it over to (an authorised representative of) NO EXCESS. The above is unnecessary if QUBZ has offered to collect the product itself. The consumer must, in any event, observe the return deadline if he returns the product before the end of the cooling-off period.
The consumer then returns the product with all accessories supplied, if reasonably possible in its original state and packaging, and in accordance with the instructions issued by QUBZ.
The consumer bears the risk and burden of proof for the correct and timely exercising of the right of withdrawal.
The consumer bears the direct costs of returning the product.
Additional information on returning a product is stated on the website.
If the consumer uses his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 – Obligations of NO EXCESS in the event of withdrawal
If QUBZ makes it possible for the consumer to issue a notification of withdrawal electronically, QUBZ will immediately send a confirmation of receipt, after receipt of this notification.
QUBZ will reimburse all payments by the consumer, including any delivery costs charged by QUBZ for the returned product, immediately, but in any event within 14 days following the day on which the consumer has notified QUBZ of the withdrawal. Unless QUBZ offers to collect the product itself, NO EXCESS is entitled to wait as regards repayment until it has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
QUBZ will use the same payment method for repayment as the consumer used, unless the consumer agrees to a different method. The consumer will not be charged for any repayments.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery proposed by No Excess, the latter does not have to repay the additional costs for the more expensive method.
Article 10 – The price
During the period of validity referred to in the offer, the prices of the products offered will not be increased except in the event of price changes as a consequence of changes in VAT rates.
The prices referred to in the products offer 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, QUBZ is not obliged vis-à-vis the consumer, to deliver the product in accordance with the wrong price.
Article 11 – Fulfilment of agreement and extra guarantee
QUBZ guarantees that the products fulfil the agreement, the specifications referred to in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations that exist on the date of formation of the agreement.
Any defects or wrongly delivered products must be reported in writing to QUBZ within a reasonable period of time after their discovery. Products should be returned in their original packaging and in their original state.
In any event, no claim can be made under Article 11, paragraph 1 of this article (i) in the event of damage due to intent or negligence, (ii) in the event of normal wear and tear and/or (iii) in the event of damage due to the non-observance or incorrect observance of the instructions or specifications of use.
An extra guarantee issued by QUBZ, its supplier, manufacturer or importer will never restrict the statutory rights and claims which the consumer can lay claim to vis-à-vis QUBZ on the grounds of the agreement if QUBZ has failed in the fulfilment of its part of the agreement.
Extra guarantee means any commitment by QUBZ, its supplier, importer producer in which QUBZ allocates certain rights or claims to the consumer which go beyond its legal obligation in the event of failure to fulfil its part of the agreement.
Article 12 – Delivery and execution
QUBZ will observe the greatest care when receiving and executing orders for products.
Delivery will take place until stocks are exhausted.
Dispatch is free of charge for orders worth more than € 75 including any applicable discounts. For orders worth less than € 75 including any applicable discounts, the delivery charges are € 5.95.
Ownership of the delivered products transfers to the consumer after the amount owed has been paid. The risk relating to the products transfers at the moment of delivery to the consumer.
The delivery location is the address communicated by the consumer to NO EXCESS.
The consumer must provide QUBZ with a correct address and email address. Any changes to these addresses must be communicated to QUBZ on time. If the consumer has submitted an incorrect delivery address, the extra delivery charges will be for the consumer's account.
QUBZ will execute orders with due speed but by no later than within 30 days after conclusion of the agreement, unless a different delivery date has been agreed. If the delivery is delayed, or if an order cannot be carried out (in full), the consumer will be informed by no later than 30 days after the order was placed. In that case, the consumer is entitled to dissolve the agreement at no cost.
After dissolution in accordance with Article 12, paragraph 7, QUBZ will immediately repay the amount that the consumer paid.
The risk of damage and/or loss of products is vested in QUBZ up until the moment of delivery to the consumer, or a predetermined representative, as communicated to QUBZ, unless explicitly agreed otherwise.
Article 13 - Payment
Insofar as not stipulated otherwise in the agreement, the amounts payable by the consumer must be paid within 14 days after the commencement of the cooling-off period or, in the absence of a cooling-off period, within 14 days after conclusion of the agreement.
The consumer is obliged to inform QUBZ immediately of any irregularities in the issued or stated payment details.
If the consumer does not fulfil its payment obligation(s) (wholly or partially), the consumer will, after having been informed by QUBZ of the late payment and after QUBZ has granted the consumer 14 days to fulfil its payment obligations, and if no payment is forthcoming within this 14-days deadline, owe the statutory interest on the amount still payable, with QUBZ being entitled to charge the extrajudicial collection costs incurred, in accordance with the provisions in Article 6:96 of the Dutch Civil Code.
Article 14 - Intellectual property
The website and all elements thereof, with the exception of certain hyperlinks to third parties, are owned by QUBZ. All intellectual property rights relating to the website and all elements thereof (such as the products offered) are vested in QUBZ, insofar as these rights are not vested in third parties.
Without the prior written permission from QUBZ, it is not permitted to make public, copy, save or offer for sale, in whatever form, the website, parts of the website, information obtained from the website, products displayed on the website all other material displayed the website.
Article 15 - Force majeure
QUBZ and the consumer are not obliged to fulfil any obligation if they are prevented from doing so as a consequence of a circumstance which is not attributable to fault, and which is not for their account pursuant to the law, a legal act or generally accepted views.
Article 16 – Complaints procedure
QUBZ has a sufficiently publicised complaints procedure which is the basis for the way in which it processes complaints.
Complaints with regard to the execution of the agreement must be submitted to QUBZ, along with a clear and full description, as soon as possible after the consumer has observed the defects.
Complaints received by QUBZ will be responded to within a period of 14 days, counting from the date of receipt. If a complaint is expected to take longer to process, QUBZ well respond within a period of 14 days with a notification of receipt and an indication as to when the consumer can expect a more detailed response.
A consumer can also submit a complaint via the European Commission's Online Dispute Resolution (ODR) Platform. The ODR Platform can be found at: http://ec.europa.eu/consumers/odr/
Article 17 - Miscellaneous
Any deviations from these general terms and conditions can only be agreed in writing. No rights can be derived from such deviations with regard to legal relationships entered into at a later date.
The administrative records of QUBZ apply, barring proof to the contrary, as proof of the requests and/or orders placed by the consumer. The consumer acknowledges that electronic communication can serve as proof.
QUBZ is entitled to transfer the rights and obligations from the agreement made with you to a third party simply by notifying you.
If and insofar as any provision of the general terms and conditions is declared invalid or is annulled, the other provisions of these general terms and conditions will remain in full force. In that case, NO EXCESS will stipulate a new provision to replace the invalid/annulled provision, whereby the purport of the invalid/annulled nullified provision will be observed as much as possible.
Article 18 – Applicable law and jurisdiction
Agreements, and all resulting non-contractual obligations, between QUBZ and the consumer to which these general terms and conditions relate are exclusively subject to Dutch law.
All disputes which arise between QUBZ and the consumer will, in the first instance, be settled by the competent judicial authority in Haarlem, the Netherlands.