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Terms of Service

General conditions

Internet service inkbook.eu hereinafter referred to as inkBOOK Europe is a website administered and owned by Arta Tech Pawel Horbaczewski, Rybacka 9 st., 53-656 Wroclaw, Poland., e-mail: support@inkbook.eu. Website is conducted in English. Correspondence and support is carried in English.

1. Applicability

1.1 These General Terms and Conditions apply to all offers, agreements and orders for the delivery of goods by inkBOOK Europe, which have taken place or have been effected via the inkBOOK Europe online web shop between inkBOOK Europe and other party.

1.2 By placing an order as well as by accepting an offer made by inkBOOK Europe, other party will always and exclusively accept applicability of these General Terms and Conditions, to the express exclusion of any general terms and conditions of its own.

1.3 Any deviations from and/or additions to these General Terms and Conditions will only apply if and insofar as inkBOOK Europe has expressly accepted them in writing. The deviation and/or addition exclusively concerns the delivery on account of which acceptance has taken place.

1.4 In these General Terms and Conditions, an email also counts as a written statement.

1.5 Where in these General Terms and Conditions reference is made to consumer purchase, it means: the sale concluded between inkBOOK Europe and other party with reference to personal property, whereby other party is a natural person, not acting in the execution of profession or business.

2. Offer and acceptance

2.1 Any offers by or on behalf of inkBOOK Europe made in any way whatsoever (orally, in writing, electronically, digitally, etc.), are free of obligation and apply as long as supplies last.

2.2 inkBOOK Europe is competent to revoke any offer within five workdays of receiving other party’s acceptance. inkBOOK Europe has the right to remove offers from the website and cancel deliveries.

2.3 If other party’s acceptance deviates from inkBOOK Europe’s offer, even if it only concerns minor points, no agreement will be concluded, but it shall be understood as an offer made by other party.

2.4 An offer made by other party will not be deemed to have been accepted by inkBOOK Europe until inkBOOK Europe has confirmed it in writing.

2.5 inkBOOK Europe’s offers and/or quotations will not apply to repeat orders or new orders.

2.6 Other party will have accepted an offer by inkBOOK Europe if it has entered its account information (customer information) on inkBOOK Europe’s website and placed an order.

2.7 After an order has been placed by other party, inkBOOK Europe will send an order confirmation with an invoice.

2.8. inkBOOK Europe promises to deliver products without flaws, except for defects identified in the sales offer.

3. Price

3.1 inkBOOK Europe charges prices as they are displayed on the website, unless expressly agreed otherwise in writing. The prices stated on the website are exclusive of any delivery charges.

3.2 The delivery charges as well as all other costs that are due (import and other specific taxes and duties of the destination country, other) will be bore by other party.

3.3 inkBOOK Europe is entitled to charge rises in cost price of more than 3% to other party. If rises take place within three months of the contract being made, other party is entitled to dissolve the contract.

4. Payment

4.1 Insofar as not agreed otherwise in writing, payment shall be made before the agreed due date, exclusively by depositing the amount into or transferring it to an account stated on the invoice.

4.2 Without prejudice to any other relevant rights to which inkBOOK Europe is entitled, other party will be in default without requiring notice of default or judicial intervention, if other party fails to pay the money due on time and/or fully, or otherwise imputably fails in the fulfilment of it is obligations towards inkBOOK Europe.

4.3 Payment card and fast bank transfer are supported by eCard system, owned by eCard S.A, Tadeusz Czacki 7/9/11 st., Warsaw, Poland, tel +48 22 493 44 90, email: bok@ecard.pl, www.ecard.pl

4.4 Payment methods:

a) Payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic , Maestro

b) Traditional bank transfer

c) PayPal express transfer.

5. Delivery, Risk

5.1 Unless expressly agreed otherwise in writing, delivery will only take place after other party has fully paid the invoice amount.

5.2 inkBOOK Europe determines shipping mode and shipping route.

5.3 Other party has the obligation to purchase the goods.

5.4 From the moment inkBOOK Europe presents the goods to the shipping company for delivery (for instance: UPS, TNT , DHL, GLS or other), the risk of the goods getting lost or deteriorating (including damage, loss, theft) will lie with other party. If it concerns a consumer purchase, this risk will be with other party from the moment of delivery.

6. Inspection of goods and complaints

6.1 Other party shall immediately check the goods on delivery. As soon as possible after other party has established or could have reasonably established any defects or shortcomings, but within two weeks of delivery of the goods at the latest, other party shall notify inkBOOK Europe in writing of any complaints, accompanied by a careful description of the complaint(s).

6.2 Complaints can be submitted to: Arta Tech Pawel Horbaczewski, Rybacka 9 st., 53-656 Wroclaw, Poland, e-mail: support@inkbook.eu.

6.3 Goods, about which other party has complained, shall be stored carefully and unused, unmixed and unprocessed, in a suitable place and, at inkBOOK Europe’s first request, to be placed at the disposal of inkBOOK Europe or a third party to be designated by inkBOOK Europe, for further inspection by sending the goods to inkBOOK Europe at other party’s expense.

6.4. The purchaser being a consumer has the possibility to use out-of-court method of processing complaints. In the event that the complaint is rejected by the manufacturer, the User has the right to pursue claims as part of the ADR (Alternative Dispute Resolution) if both the inkBOOK Europe and the User mutually express the consent for such resolution of disputes. The information concerning the method of accessing the abovementioned procedure, the appropriate institutions and dispute settlement procedures, may be found at: http://www.uokik.gov.pl, under the “Rozstrzyganie sporów konsumenckich” (eng.: Consumer dispute settlement) tab. The purchaser being a consumer is eligible to file a complaint on the EU Online Dispute Resolution platform which is available at www.ec.europa.eu/consumers/odr.

7. Time to reflect and cancellation

7.1 If it concerns a consumer purchase of the EU based consumers, other party has the right to cancel the purchase for fourteen days after receiving the product through a written statement to that effect. In that case, other party shall return the goods to inkBOOK Europe unused, as soon as possible and at its own expense. inkBOOK Europe will return the money paid to it by other party as soon as possible and in any case within thirty days of the cancellation after inspection of returned goods. The Cancel and Return template provided below can be send via e-mail to: support@inkbook.eu.

Cancel and Return template Customer can use:
I (full name) would like to withdrawal the agreement of purchase and cancel my order(s): (number(s)) and return: (products names).
Date of order placement (date), date of receipt (date).
Full name: (First and last name)
Address: (street, city, post-code, country)
Date: (date of agreement’s withdrawal)
Signature: (only if sent by regular mail on a paper)

7.2 All extra charges will be deducted from such payment depending on the condition of returned goods, but also charges from courier, import taxes, etc.

7.3 Audio and video content, software, applications purchased via inkbook.eu cannot be returned.

7.4 Payment card transfers will be returned to payment card account. All extra charges will be deducted from such payment depending on the condition of returned goods, but also charges from courier, import taxes, etc.

7.5 No returns may be done without prior contact to inkBOOK Europe and receiving of a unique RMA number.

 

8. Liability

8.1 Neither inkBOOK Europe nor Arta Tech Pawel Horbaczewski is liable for any material or immaterial damage incurred by other party and/or third parties at whose disposal other party places the goods, unless in the event of intent or gross negligence on the part of inkBOOK Europe. In particular, Neither inkBOOK Europe nor Arta Tech Pawel Horbaczewski is liable for any health damage.

8.2 Neither inkBOOK Europe nor Arta Tech Pawel Horbaczewski is liable for any consequential damage, direct or indirect company damage,

stagnation damage and/or loss of profit.

8.3 In any case, inkBOOK Europe’s liability in all circumstances is limited to the amount which its liability insurer will pay out in a given case.

8.4 If insurers decline to pay out or if the damage is not covered by the insurance, liability will be limited to three times the net invoice value of the delivery concerned, with a maximum of € 1,000.

8.5 Other party shall indemnify inkBOOK Europe’s against any third-party liabilities, regardless of their nature or extent, waiving any recourse against inkBOOK Europe herein.

9. Partial nullity, Renunciation

9.1 If any provision of these General Terms and Conditions is nullified and/or deemed null and void, in whole or in part, by a judge, the provision is deemed to have been converted into a provision which, for as much as is possible with the retention of its content and purport, is not nullifiable/null and void.

9.2 If inkBOOK Europe does not always demand strict compliance with these General Terms and Conditions, it does not imply that inkBOOK Europe will waive the right to demand strict compliance in any future case.

10. Privacy

10.1. inkBOOK Europe will only use customer data within the Arta Tech companies for the purpose of processing orders. You can read aroud privacy policy here.

10.2. inkBOOK Europe will not provide your personal data and, more importantly, your e-mail address, to third parties, without your explicit permission.

11. Applicable law and competent court

11.1 All agreements and any other legal relations between inkBOOK Europe, Arta Tech Pawel Horbaczewski and other party will exclusively be governed by Polish law. More information can be found also at http://www.uokik.gov.pl/home.php

11.2 Only the Wroclaw Court is competent to take cognizance of disputes between parties.