General Terms & Conditions of Use
Internet service inkbook.eu (hereinafter referred to as inkBOOK Europe, the Site, the Website or us) is a website administered and owned by inkBOOK EUROPE LTD (formerly Arta Tech Paweł Horbaczewski), ul. Ostrowskiego 7, 53-238 Wroclaw, Poland, e-mail: help/at/inkbook.eu.
These general terms and conditions shall apply in all European Union member states and other countries and shall be interpreted and governed in accordance with Polish law exclusively. In the event any provision of these general terms and conditions is found to be invalid or unenforceable, the invalidity of that provision shall in no way affect the enforcement of the other provisions of these general terms and conditions, and that provision shall be enforceable to the extent permissible under applicable legislation, provided this does not result in these general terms and conditions becoming unreasonably unbalanced.
All these general terms and conditions of use are governed by Polish law, both in terms of basic rules and for the rules governing their form.
You may only accept these general terms and conditions and use the website if you have reached the age of 18 (or majority in your country if the majority age is higher), or have consent of a legal guardian.
Whenever the “Other Party” is mentioned it is ment to be a website user, you.
1.1. These General Terms and Conditions apply to all offers, agreements and orders for the delivery of goods or services 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 e-mail 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, Consumer as called in EU member states (Konsument), not acting in the execution of profession or business.
3. Offer and acceptance
2.1. Any offers by or on behalf of inkBOOK Europe made in any way whatsoever (orally, in writing, by phone,
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 defects, except for defects identified in the sales offer.
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.
4.1. Insofar as not agreed otherwise in writing, payment shall be made before the agreed due date, exclusively by depositing or transferring the amount 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 methods on this website:
- a) Payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro,
- b) Quick transfers from banks
- c) Giro pay
- d) Traditional bank transfer,
- e) PayPal.
4.4. Payments are processed by FONDY LTD, Reg. No. 10063984, 16 St Martin's Le Grand, Londyn, EC1A 4EN, United Kingdom.
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 and the delivery fee.
5.2. inkBOOK Europe determines shipping mode and shipping route.
5.3. 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.
5.4. If Other Party is a Consumer and it concerns a Consumer Purchase, this risk will be with Other Party from the moment of delivery to specified in order Consumer’s address.
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 one week 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: inkBOOK EUROPE LTD, Ostrowskiego 7, 53-238 Wroclaw, Poland, e-mail: help/at/inkbook/dot/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 inkBOOK Europe, 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 above mentioned 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.
6.5. 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 in the EU, Other Party, that concluded contract as consumer, has the right to withdraw from the contract within 14 days after receiving the product without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform inkBOOK Europe through a written statement to that effec. (e.g. a letter sent by post, fax or e-mail).
The Cancel and Return template provided below can be send also via e-mail to: help/at/inkbook/dot/eu
Cancel and Return template a customer can use:
I (full name) would like to withdraw 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. In that case, other party shall return the goods to inkBOOK Europe, as soon as possible and at its own expense. Please note, that the risk of damage or loss passes on inkBOOK Europe not before the return parcel has been received in its seat.
7.3. If you are based in the EU and withdraw from a purchase, we shall reimburse to you all payments received from you, including the costs of delivery from us to you if such was charged (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), but not any costs of your return parcel.
7.4. 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, however all extra charges will be deducted from such payment depending on the condition of returned goods, lack of parts or accessories, damages, etc., but also extra charges from carriers, import taxes, etc.
7.5. Audio and video content, hygienic products, consumed services, software, applications purchased via inkbook.eu cannot be returned. That applies also to sets - if the product is bought with a service (or service voucher) and if you attempt to download, stream, or consume the content of the service in any way during the withdrawal period you acknowledge and accept that
you consent to such content being supplied during the withdrawal period and as a result of the supply beginning, your right to withdraw will cease, which means that you will not be able to withdraw from your purchase even if the withdrawal period has not expired.
7.6. Payment card transfers will be returned to payment card account after deduction costs as in point 7.2.
7.7. No returns shall be done without prior contact to inkBOOK Europe and receiving of a unique RMA number.
7.8. If the Consumer / User, concluding a distance sale contract, uses promotional bundling - i.e. that if he only purchased product X (e.g. a case), he would pay the amount X (regular price, e.g. EUR 18), while in connection with the purchase of the same product X (e.g. Case) with a specific product Y (e.g. reader) - a reader or case is granted a discount in a certain amount, it is a partial withdrawal from the contract (return of part of the purchase) if the Administrator agrees (return of goods delivered under one contract covering promotional products) is always associated with the loss of discounts obtained by the consumer at the purchasing stage and the customer will have to make up for the difference resulting from the loss of the promotion.
8.1. Neither inkBOOK Europe nor inkBOOK EUROPE LTD 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 inkBOOK EUROPE LTD is liable for any health damage.
8.2. Neither inkBOOK Europe nor inkBOOK EUROPE LTD 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.
11. Applicable law and competent court
11.1. All agreements and any other legal relations between inkBOOK EUROPE LTD and Other Party will exclusively be governed by Polish law.
11.2. In the event a dispute arises between inkBOOK EUROPE LTD and Other Party , the parties shall, in the first instance, seek to resolve the dispute by means of a mutual agreement.
11.2. If parties are unable to reach an agreement only the Wroclaw Court is competent to take cognizance of disputes between inkBOOK Europe and Other Party
11.3. If parties are unable to reach an agreement and you are a Consumer and subject to consumer purchase and you are based in European Economic Area you have the right to bring the case to:
- UOKiK ( Office of Competition and Consumer Protection) in Warsaw, Poland,
- You can also claim your rights at the ec.europa.eu - The European Commission provides an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/.
- You can bring the case in the Court of Wroclaw, Poland or in the courts in your country of residence
- There might also be alternative dispute resolution in your country.
More information can be found also at http://www.uokik.gov.pl/home.php.
11.4. These general terms and conditions of use are governed by Polish law, both in terms of basic rules and for the rules governing their form.