Terms and conditions
ARTICLE 1. | DEFINITIONS
In these general terms and conditions, the following terms, always capitalized, are used in the following meaning.
1. Inkskin Fashion, the user of these general terms and conditions, located in Nijmegen, registered in the Trade Register under Chamber of Commerce number 54450306.
2. Consumer: any natural person, not acting in the exercise of a profession or business, with whom Inkskin has concluded or intends to conclude an Agreement.
3. Parties: Inkskin and the Consumer together.
4. Agreement: every purchase agreement concluded between Inkskin and the Consumer with which Inkskin has committed itself towards the Consumer, against payment, for the delivery of Products.
5. Web Shop Agreement: an Agreement concluded between Inkskin and a Consumer directly through the Web Shop.
6. Products: all items to be delivered by Inkskin to the Consumer in the context of the Agreement, including personalized t-shirts, headwear, belts, scarves and gloves.
7. Web shop: www.inkskin.nl, at least the website on which the Products are offered and sold.
8. Written: in addition to traditional written communication, communication by e-mail or any other form of communication that can be equated with this in view of the state of the art and the prevailing views in society.
ARTICLE 2. | GENERAL PROVISIONS
1. These terms and conditions apply to every offer from Inkskin regarding the sale of Products and every Agreement that has been concluded.
2. The provisions of these general terms and conditions can only be deviated explicitly and in writing. If and insofar as what the Parties have explicitly agreed in Writing, differs from the provisions of these general terms and conditions, then what the Parties have agreed explicitly and In Writing.
3. Destruction or invalidity of one or more of the provisions of these general terms and conditions or the Agreement as such does not affect the validity of the other clauses. In an appropriate case, the Parties are obliged to consult each other in order to make a replacement arrangement with regard to the affected clause. The aim and scope of the original provision are taken into account as much as possible.
ARTICLE 3. | OFFER AND CONCLUSION OF AGREEMENTS
1. Any offer from Inkskin regarding the sale of Products is free of obligation, even if a period of acceptance is stated therein. Inkskin may still revoke its offer without delay, or at least as soon as possible after acceptance thereof by the Consumer.
2. The Consumer cannot derive any rights from an offer from Inkskin that contains a manifest error or mistake.
3. Each Agreement is concluded, without prejudice to the provisions of paragraph 1, at the moment that the offer of Inkskin addressed to the Consumer has been accepted by the Consumer in the manner that may be designated for this purpose by Inkskin. An order placed through the Web Shop is, subject to the provisions of paragraph 1, confirmed by Inkskin to the Consumer as soon as possible by e-mail.
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4. If and insofar as the order of the Consumer relates to Products to be personalized, the Consumer guarantees that the data required for the personalization are correctly provided before the order is definitively placed. Inkskin is never liable for damage resulting from incorrect or incomplete information provided by the Consumer.
ARTICLE 4. | DELIVERY OF PRODUCTS & DELIVERY TIMES
1. Unless sales and delivery take place in the simultaneous personal presence of Inkskin and the Consumer, delivery of the Products will take place by delivery thereof to the delivery address specified by the Consumer.
2. Inkskin reserves the right to deliver orders in parts. In that case, the Consumer's cooling-off period in connection with the right of dissolution as referred to in Article 5, only commences when the last partial delivery from the order has been received by or on behalf of the Consumer.
3. The risk of loss and damage to the Products transfers to the Consumer as soon as the Products have been received by or on behalf of him.
4. Inkskin endeavors to comply with the delivery period agreed between the Parties. However, all delivery periods stated by Inkskin can only be considered as indicative, non-fatal periods. In the event of an (expected) delayed delivery, Inkskin will endeavor to inform the Consumer as soon as possible. Inkskin's default will not occur until after the Consumer has notified Inkskin In Writing, in which notice of default a reasonable period of time has been stated within which Inkskin can still fulfill its delivery obligation.
5. If the agreed delivery period is exceeded, the Consumer is, unless Inkskin fails to do so as mentioned in the provisions in paragraph 4, never entitled to refuse to accept the Products to be delivered and to comply with the other obligations under the Agreement.
6. If Inkskin incurs additional costs as a result of a circumstance attributable to the Consumer, for example in connection with multiple delivery attempts, these costs will additionally be borne by the Consumer.
ARTICLE 5. | RIGHT OF DISSOLUTION FOR WEB SHOPPING AGREEMENTS
1. Subject to the other provisions of this article and in particular the following paragraph, the Consumer may dissolve a Web Shop Agreement in whole or in part up to 14 days after the Products have been received by him or on his behalf, without stating reasons.
2. The Consumer does not have the right of dissolution in case of: a) the delivery of Products manufactured according to specifications of the Consumer that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the Consumer, or which are clearly intended for a specific person, including personalized Products, such as t-shirts, understood in any case; b) the delivery of Products that are not suitable for being returned for reasons of health protection or hygiene and of which the seal has been broken after delivery; c) a consumer purchase in respect of which the right of dissolution is otherwise excluded or does not apply under Section 6.5.2B of the Dutch Civil Code.
3. The Consumer can terminate the Webshop Agreement by submitting a request for this to Inkskin by e-mail or by using the model form offered by Inkskin for withdrawal. As soon as possible after Inkskin has been informed of the intention of the Consumer to terminate the Web Store Agreement and if the conditions of this article are met, Inkskin will confirm the termination of the Web Store Agreement by e-mail.
4. During the period as referred to in paragraph 1, the Consumer must handle the Products to be returned and the packaging thereof with care. The Consumer may only handle and inspect the Products and their packaging to be returned to the extent necessary to assess the nature and
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characteristics of the Products. The basic principle here is that the Consumer may only handle and inspect the Products as he would be allowed to do in a physical store.
5. If the Consumer makes use of the right of dissolution, he will return the Products to be returned undamaged, with all accessories supplied and in the original condition and packaging to Inkskin.
6. The Consumer is liable for a decrease in value of the Products that is the result of a way of handling the Products that goes beyond what is permitted under paragraph 4. Inkskin is entitled to charge this decrease in value to the Consumer, whether or not by set this off against any payment already received from the Consumer.
7. Return of the Products must take place within 14 days after the Consumer has terminated the Webshop Agreement in accordance with the provisions of paragraph 3.
8. If the Consumer exercises the right of dissolution, the costs of returning the Products will be borne by the Consumer.
9. Inkskin will refund any payments already received from the Consumer with regard to the part of the order that is returned, minus any depreciation, as soon as possible, but no later than within 14 days after the termination of the Webshop Agreement, provided that the Products have been returned by Inkskin, or the Consumer has demonstrated that the Products have actually been returned.
10. If the right of dissolution is only applied to a part of the order, any delivery costs paid by the Consumer in the first instance will not be eligible for a refund. Furthermore, Inkskin is not obliged to reimburse the additional costs if, when ordering, the Consumer has explicitly opted for a method other than the least expensive method of standard delivery offered by Inkskin.
ARTICLE 6. | CONFORMITY AND WARRANTY
1. Inkskin guarantees that the Products comply with the Agreement and thus possess those properties that are required for normal use thereof.
2. Any warranty provided by Inkskin, manufacturer or importer does not affect the mandatory legal rights and claims that the Consumer can assert against Inkskin.
3. The right of the Consumer to institute a claim or defense in connection with the existence of a defect of a Product, expires if no claim has been made within two months after the discovery of the defect by the Consumer at Inkskin.
4. No grounds for complaints and claims for warranty or non-conformity, defects of Products after delivery have arisen as a result of an external cause or as a result of another circumstance that cannot be attributed to Inkskin. This includes, but is not limited to, defects as a result of damage, natural wear and tear, use in violation of the user and / or washing instructions and incorrect or improper handling of the Products.
5. Without prejudice to the provisions of Article 5, products can never be returned without prior written permission from Inkskin.
ARTICLE 7. | FORCE MAJEUR
1. Inkskin is not obliged to fulfill any obligation under the Agreement if and for as long as he is hindered by a circumstance that cannot be imputed to him by law, legal act or social opinion, including errors and shortcomings of its supplier.
2. If the force majeure situation makes compliance with the Agreement permanently impossible, the Parties are entitled to terminate the Agreement with immediate effect.
3. If Inkskin has already partially fulfilled its delivery obligations upon the occurrence of the force majeure situation, or can only partially meet its delivery obligations, it is entitled to claim compensation for the part or part of the Agreement that has already been delivered.
4. Without prejudice to the application of the previous paragraph, damage as a result of force majeure will never qualify for compensation.
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ARTICLE 8. | PRICES, COSTS & PAYMENTS
1. All prices quoted by Inkskin include VAT. Unless explicitly agreed otherwise:
a) personalized Products are delivered to the Consumer free of charge, provided that delivery takes place within the European Union;
b) non-personalized Products are delivered carriage paid, provided that delivery takes place within the Netherlands and the order amount is more than € 50;
c) the delivery costs are additionally for the account of the Consumer in cases other than those referred to under a and b.
2. Before the Agreement is concluded, the total price is stated, including any delivery costs.
3. Payment must be made using one of the payment methods designated by Inkskin.
4. In the event of payment in advance, Inkskin is not obliged to implement the Agreement until after the Consumer has fully paid the amount due under the Agreement to Inkskin. In the event of payment upon delivery of the Products, Inkskin reserves the right not to deliver the Products until payment has been made in full.
5. If timely payment is not made, the default of the Consumer will take effect by operation of law. From the day that the default of the Consumer occurs, the Consumer will owe the then current statutory interest on the outstanding amount.
6. All reasonable costs, such as judicial, extrajudicial and execution costs incurred to obtain amounts owed by the Consumer, are for the account of the Consumer, one other in accordance with the Dutch Collection Costs Act.
ARTICLE 9. | LIABILITY
1. The Consumer bears the damage caused by inaccuracies or incompleteness in the information provided by him, such as with regard to the name used in the context of personalizing the Product and its packaging. Furthermore, the Consumer bears the damage caused by a shortcoming in the fulfillment of the obligations of the Consumer arising from the law or the Agreement, as well as another circumstance that cannot be attributed to Inkskin.
2. The liability of Inkskin is limited to at most the invoice value of the Agreement, or at least to that part of the Agreement to which Inkskin's liability relates, on the understanding that this limitation does not go beyond what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
3. The liability limitations as stated in these general terms and conditions do not apply if and insofar as the damage was caused by intent or deliberate recklessness on the part of Inkskin.
ARTICLE 10. | GENERAL COMPLAINT POLICY
1. Complaints regarding the implementation of the Agreement by Inkskin must, without prejudice to the provisions of Article 6.3, be submitted promptly and clearly after the Consumer has fully and clearly described the grounds that led to the complaint, In Writing to Inkskin.
2. Complaints submitted to Inkskin will be answered within a period of seven days after receipt thereof. If a complaint requires a longer processing time, a reply will be sent within the period of seven days with an acknowledgment of receipt and an indication of when the Consumer can expect a more detailed answer.
3. If, in the context of a Webshop agreement, the complaint cannot be resolved in mutual consultation, the Consumer can submit the dispute to the disputes committee via the ODR platform (ec.europa.eu/consumers/odr/).
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ARTICLE 11. | INTELLECTUAL PROPERTY
1. Inkskin, its supplier or licensor reserves all intellectual property rights with respect to the Products and the designs thereof, as well as on the texts, image materials and other content of any kind displayed in the Web Shop. It is forbidden for the Consumer to duplicate these goods, to have them copied, to have them reproduced, to have them made public or to have them spread or to have them used in any other way than to have them used, in connection with the normal use of the Products or the normal use of the Web Shop.
2. A violation attributable to the Consumer of the provisions of the previous paragraph gives Inkskin, its supplier or licensor the right to immediately undo the infringement, as well as a compensation to be determined on the basis of the nature and scope of the infringement to claim.
ARTICLE 12. | FINAL PROVISIONS
1. All Products delivered to the Consumer remain the property of Inkskin until the Consumer has fulfilled all his payment obligations under the Agreement.
2. Dutch law applies exclusively to every Agreement and all legal relationships arising from it between Parties.
3. Parties will not appeal to the courts or the disputes committee as referred to in article 10.3 until they have made the best effort to settle the dispute in mutual consultation.
4. If these general terms and conditions are available in several languages, the Dutch version thereof is always decisive for the explanation of the clauses contained therein.