Terms of Use

General

Qogita's House Rules

The following terms and conditions apply to Seller interactions on Qogita's platform. By interacting with the platform Sellers agree to be bound by these terms and conditions and all applicable laws and regulations. If you do not agree with any or all of these terms, you are prohibited from using or accessing the platform. The materials contained in this website are protected by applicable copyright and trademark laws. Qogita reserves the right to amend and update any of its terms and conditions without prior notice.

Interpretation And Identity

1. Qogita interprets the terms and conditions as follows:

All orders accepted by Qogita EU BV, Qogita UK Ltd, Qogita USA Inc and/or Qogita Finance B.V. (hereinafter together referred to as "Qogita") and all quotations accepted by the Seller are subject to the following terms and conditions, which shall prevail over any other terms or conditions, unless otherwise expressly agreed to in writing by Qogita.

Qogita reserves the right to alter these terms and conditions at any time at its own will.

2. Qogita's summary company details:

Registered Address

Qogita EU BV: Weesperstraat 61, 1018VN Amsterdam, The Netherlands

Qogita UK Ltd: 1 Poultry, London EC2R 8EJ, United Kingdom

Qogita USA Inc: 485 Madison Avenue, New York City 10022, United States

Registration Chamber of Commerce

Qogita EU BV: 74714643

Qogita UK Ltd: 13207678

Qogita USA Inc: 6881723

Tax Details

NL VAT Number: NL860001982B01

NL EORI Number: NL860001982

UK VAT Number: GB378624947

UK EORI Number: GB378624947000

US EIN: 38-4230741

EUR Bank Details

IBAN: BE75967031659651

BIC: TRWIBEB1XXX

USD Bank Details

Routing number: 084009519

Account number: 9600000000067511

GBP Bank Details

Sort code: 23-14-70

Account number: 74579631

Stock

Seller agrees to:

1. Provide Qogita up to date stock list regularly and as frequently as possible. You are encouraged to provide a live feed of your stock. Please update your stock at least once a day, and never less than at least once a week.

2. Provide your stock lists file including EANs/GTINs, price, inventory and selling units in a consistent format and in accordance with the method of delivery agreed upon during your onboarding (i.e., by Email/URL/FTP).

3. Take full responsibility for the goods you ship. You are free to choose your preferred carrier and method of delivery. In case the receiver (the Buyer) makes a claim for missing, damaged or (suspected) stolen goods, it is your responsibility to answer to these claims and provide appropriate solutions (e.g., refund, reship, arrange collection logistics from the Buyer at Seller expense, etc.).

4. It is the Seller's responsibility to select a “Sell To” geographic preference on Qogita's Seller Portal, and to ensure it is up to date.

5. List, sell, and deliver goods that are in stock only, at your warehouse.

6. List, sell, and deliver goods in new or as-new condition, unopened, unused, and ready for retail:

• Branded goods must be authentic.
• Goods with an expiry date (e.g., food and beauty goods) must not have expired and conform to the following clauses:
• For products with an expiry date of twelve months or more from the point of manufacture, we expect at least six months until expiry from the point of sale.
• For products with an expiry date of fewer than twelve months from the point of manufacture, we expect at least three months until expiry from the point of sale.
• For products with an expiry date of three months or fewer from the point of manufacture, items must have been manufactured within the past thirty days from the point of sale.
• Products typically sold with cellophane, (e.g., perfume and premium branded goods) must be provided with cellophane.
• Do not list, sell, or deliver products that are decoded or testers.
• Products must have been manufactured within three years prior to the date of sale.

7. Confirm in advance (by updating your seller profile on Qogita Seller Portal prior to your first sale) in which jurisdictions the goods you ship can legally be sold (i.e. in the EU and/or UK and/or USA and/or other).

8. It is your responsibility to select and maintain the correct “Sell To” geographic preference setting on Qogita's Seller Portal, and to ensure it is always up to date.

• By indicating a “Sell To” geographic preference on Qogita's Seller Portal, you confirm that all goods provided can be freely traded in the geographies selected, in compliance with all relevant laws and regulations.
• If the goods are found to be not suitable for that geographies selected by Seller through Qogita's Seller Portal, Seller will immediately refund Qogita for the amounts paid by Qogita to Seller and arrange to collect the goods (at Seller's own cost).

Fulfillment

As a Seller on Qogita, you agree to:

1. Fulfill orders and provide all required information (accept self-billing invoice, tracking information, packing lists, etc.) to Qogita using Qogita's Seller Portal.

2. All orders’ fulfillment must be completed on the seller portal within up to six business days from first notification of the order. You must submit the tracking information, confirm quantities, and issue a self-billing invoice in order to complete the fulfillment process on the portal. Goods must be delivered immediately upon (or before) completion of fulfilling the order on Qogita Seller Portal.

3. Packing lists and other documents must be provided directly on the order page on Qogita seller portal.

4. It is the Seller’s responsibility to ensure tracking information and proof of delivery is up to date. Failure to provide adequate evidence or proof of delivery of goods to Qogita will result in the Seller being in default. The Seller hereby agrees to compensate Qogita in full for the value of any orders where it is in default.

5. Proof of Delivery: retain and maintain a record of all transactions sold through Qogita, including all relevant documentations. The Seller acknowledges that for VAT / tax purposes, these documents may be required in the future as evidence of transactions conducted by Qogita. Seller therefore agrees to provide all records detailing the proof of delivery of the related orders promptly upon request by Qogita.

6. If you can't fulfill an order from Qogita, you must decline it within 24 hours from receiving it, and provide the reason for your decline.

7. Order Expiry: If you do not complete an order fulfillment on Qogita Seller Portal within 6 business days the order expires. Qogita preserves the right to track and penalize sellers that allow an order to expire and do not provide sufficient reason for decline/expiry. Your sales allocation on the platform may be impacted by this. If an order has expired, the expiration is final and cannot be reversed.

Shipping

As a Seller on Qogita, you agree to:

1. Fulfil and ship orders within up to 6 business days after accepting the order.

2. Pack and ship each order separately (never combine different orders, even if they are addressed to the same delivery address).

3. Always ship goods directly to the shipping addresses listed on Qogita's Seller Portal (door-to-door, pickup point services are not allowed). To sell on Qogita, you should be able to independently ship to at least one of the following regions: the USA, UK or Europe.

4. Only upload accurate and final tracking information. Do not provide temporary/partial/false tracking codes or any other information.

5. It is the Seller's responsibility to select your “Ship To” geographic preference on Qogita's Seller Portal (or by email to procurement@qogita.com) and to ensure it is up to date.

• By indicating your “Ship To” geographic preference on Qogita's Seller Portal (or by email), you confirm that you can independently ship the ordered goods directly to the selected geographies.
• You will only receive orders with shipping addresses in countries which match the “Ship To” selected geographies.

Self-billing Invoices and Payments

1. After you provide the tracking details and packing list for any order on Qogita's Seller Portal, Qogita will issue a self-billing invoice on your behalf, and pay you based on the data and information you provided. Qogita will provide a transfer receipt of the payment.

2. A copy of the self-billing invoice will be stored on your dashboard on Qogita's Seller Portal for you to view, print and download.

3. A self-billing invoice will be issued for each order.

4. The self-billing invoice will include the shipping costs if any. Qogita cannot process or pay shipping costs provided in a different invoice. Failure to include shipping cost in the self billing invoice (by adding it directly to the order on the seller portal) is the seller's sole responsibility and Qogita will not reimburse for any such additional cost.

5. Qogita will issue a self-billing invoice on your behalf that will include all your identification data, the delivered goods, shipping costs, VAT amount and the total amount payable for each order. You can amend the calculated VAT amount prior to issuing the self billing invoice at your own responsibility and desecration.

6. The billing address of the relevant Qogita entity and the shipping address and details of the Buyer will also be included on each invoice.

This self-billing invoice will represent your final invoice, and there is no need for you to issue a separate invoice for this transaction and no need to email us any other invoice.

By triggering payment to yourself on Qogita's Seller Portal, you confirm the following: (i) The correctness of all data on the self-billing invoice, and (ii) All the goods included on the invoice have been packed and shipped.

7. Any payment term applicable does not affect Seller’s responsibility to ship and deliver each order in conformity with the clause “Shipping” above, in particular to ship within 6 business days after accepting the order. Seller may not, under any circumstances, withhold shipment and delivery if it has not yet received payment.

Any excess payment should be immediately refunded to Qogita. Delaying any refund will hinder following orders. Any claim by Qogita on Seller, whether it be contractual or stemming from excess payment (on the basis of unjust enrichment or refunds of amounts wrongly received), is subject to statutory (commercial) interest from the date it is due.

8. In case of any outstanding payments from Seller to Qogita that have not been repaid within 7 business days after the payment request has been issued by Qogita to the Seller, the Seller shall pay an additional late payment fee of 0.1% per day on the entire remaining unpaid balance for every day the payment is delayed. In such a case, Qogita is entitled to also charge, in addition to the late payment fee, (i) statutory interest over the amount due, (ii) extrajudicial collection costs (buitengerechtelijke incassokosten) of 15% of the outstanding amount with a minimum of EUR 1000,-. Qogita may also seek assistance from (i) debt collectors, (ii) lawyers or (iii) any other professional adviser to collect any outstanding payments, and claim any additional costs in that regard from the Seller.

9. The Seller authorizes Qogita to take all such steps as are deemed necessary to independently verify all information provided by the Seller and check the Seller’s creditworthiness. The Seller understands that these checks may include contacting Credit Reference Agencies (CRAs), fraud and money laundering preventing agencies and the electoral register, and providing them with information (such as payment behavior data) about the Seller. Qogita may also carry out periodic searches and establish ongoing monitoring at CRAs to manage the Seller’s account.

Governing Law

The agreement, these general terms and conditions, and any non-contractual obligations in connection with it are governed exclusively by Dutch law, excluding the Vienna Convention for the International Sale of Goods.

Disputes

The Amsterdam District Court has exclusive jurisdiction to settle all disputes in connection with the relation between Qogita and the Seller and these general terms and conditions, including disputes concerning its existence, validity, and any non-contractual obligations. Any disputes will be resolved following proceedings in English before the Chamber for International Commercial Matters ("NCC”) of the Amsterdam District Court, to the exclusion of the jurisdiction of any other courts. An action for interim measures, including protective measures, available under Dutch law may be brought in the NCC in Summary Proceedings ("CSP”) in English. Any appeals against NCC or CSP judgments will be submitted to the Amsterdam Court of Appeals Chamber for International Commercial Matters.

Other

Language:

Text printed on the products must be in English or a Western European language only.