Terms and Conditions

Table of Contents

1. Article 1 - Definitions
2. Article 2 - Identity of the Trader
3. Article 3 - Scope of Application
4. Article 4 - The Offer
5. Article 5 - The Contract
6. Article 6 - Right of Withdrawal
7. Article 7 - Obligations During the Cooling-Off Period
8. Article 8 - Exercise of the Right of Withdrawal
9. Article 9 - Trader’s Obligations in Case of Withdrawal
10. Article 10 - Exclusion of the Right of Withdrawal
11. Article 11 - The Price
12. Article 12 - Conformity and Additional Guarantee
13. Article 13 - Delivery and Performance
14. Article 14 - Long-Term Contracts
15. Article 15 - Payment
16. Article 16 - Complaints Procedure
17. Article 17 - Disputes
18. Article 18 - Supplementary or Divergent Provisions

Article 1 - Definitions

For the purposes of these Terms and Conditions, the following definitions shall apply:

1. Ancillary Contract: a contract under which the consumer acquires goods, digital content and/or services in connection with a distance contract and such goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader.
2. Cooling-Off Period: the period within which the consumer may exercise the right of withdrawal.
3. Consumer: a natural person who is acting for purposes outside their trade, business, craft or profession.
4. Day: a calendar day.
5. Digital Content: data which are produced and supplied in digital form.
6. Long-Term Contract: a contract which provides for the regular supply of goods during a fixed period.
7. Durable Medium: any instrument which enables the consumer or the trader to store information addressed personally to them in a way accessible for future reference for a period adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.
8. Right of Withdrawal: the right of the consumer to withdraw from a distance contract within the cooling-off period.
9. Trader: any natural or legal person who offers goods, (access to) digital content and/or services at a distance.
10. Distance Contract: a contract concluded within the framework of an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer and with the exclusive use of one or more means of distance communication.
11. Model Withdrawal Form: the European model withdrawal form set out in Annex I (obligatory only where the right of withdrawal applies).
12. Means of Distance Communication: any means that may be used for the conclusion of a contract without the simultaneous physical presence of the parties.

Article 2 - Identity of the Trader

Ink Hero EU LLC
Herengracht 420
1017BZ Amsterdam
Telephone: +31 (888) 871-2870
Email: [email protected]
Chamber of Commerce (KvK) No.: 88811239
VAT Identification Number: NL864786840B01

Where the activity is subject to a licensing regime: details of the supervisory authority shall be provided.
Where a regulated profession is concerned: the professional association/organisation, professional title, the place of grant and a reference to the applicable professional rules shall be indicated.

Article 3 - Scope of Application

1. These Terms and Conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
2. Prior to the conclusion of the distance contract, the text of these Terms and Conditions shall be made available to the consumer. Where this is not reasonably possible, the trader shall indicate where the Terms and Conditions can be inspected and that they shall be sent free of charge upon request.
3. Where the distance contract is concluded electronically, the text of these Terms and Conditions may be supplied by electronic means in such a manner that the consumer can store them on a durable medium.
4. Where, in addition to these Terms and Conditions, specific product or service conditions apply, the consumer may, in the event of conflicting provisions, rely on the provision which is most favourable to the consumer.

Article 4 - The Offer

1. Where an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated.
2. The offer shall contain a complete and accurate description of the goods, services and/or digital content offered. Images shall constitute a truthful representation. Obvious errors do not bind the trader.
3. The offer shall include information enabling the consumer to understand the rights and obligations attached to acceptance of the offer.

Article 5 - The Contract

1. The contract is concluded at the moment the consumer accepts the offer and satisfies the conditions laid down therein.
2. Where acceptance occurs electronically, the trader shall promptly acknowledge receipt of the acceptance. Until such acknowledgement is received, the consumer may rescind the contract.
3. Where the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data; this shall also apply to electronic payments.
4. The trader may, within the bounds of the law, ascertain whether the consumer can meet their payment obligations, and ascertain facts and factors relevant to the responsible conclusion of the distance contract. Where there are legitimate grounds, the trader may refuse an order or request or attach special conditions to performance.
5. At the latest upon delivery of the goods or commencement of the service, the consumer shall receive information regarding: the address to which complaints may be submitted; the right of withdrawal (or its exclusion); warranties and after-sales service; the total price including taxes and delivery charges and the method of payment and delivery; the conditions for terminating long‑term contracts; and, where applicable, the Model Withdrawal Form.
6. In the case of long‑term contracts, the previous paragraph applies only to the first delivery.

Article 6 - Right of Withdrawal

For goods:

1. The consumer may rescind the contract during a cooling‑off period of not less than 14 days without stating any reason.
2. The cooling‑off period commences on the day after: the consumer or a third party designated by the consumer, other than the carrier, acquires physical possession of the goods; in the case of multiple goods ordered by the consumer in one order and delivered separately: the day on which the consumer acquires possession of the last of the goods; in the case of delivery of a good consisting of multiple lots or pieces: the day on which the consumer acquires possession of the last lot or piece; in the case of regular delivery of goods during a defined period: the day on which the consumer acquires possession of the first good.

For services and for digital content not supplied on a tangible medium:

3. The cooling‑off period shall be at least 14 days and shall commence on the day after the contract is concluded.

Extended cooling‑off period where information was not provided:

5. If the trader has not provided the legally required information on the right of withdrawal or the Model Withdrawal Form, the cooling‑off period shall expire 12 months after the end of the original cooling‑off period.
6. If the trader provides the information within 12 months after the commencement date, the cooling‑off period shall expire 14 days after the day on which the consumer receives the information.

Article 7 - Obligations of the Consumer During the Cooling‑Off Period

1. The consumer shall handle the goods and packaging with due care. The consumer shall only unpack or use the goods to the extent necessary to establish the nature, characteristics and functioning of the goods (as would be permitted in a shop).
2. The consumer shall be liable for any diminished value of the goods resulting from the handling of the goods other than as necessary to establish the nature, characteristics and functioning of the goods.
3. The consumer shall not be liable for diminished value where the trader failed to provide the legally required information on the right of withdrawal.

Article 8 - Exercise of the Right of Withdrawal by the Consumer and Associated Costs

1. The consumer shall notify the trader of the decision to withdraw within the cooling‑off period using the Model Withdrawal Form or an unequivocal statement.
2. The consumer shall send back the goods or hand them over to the trader without undue delay and in any event not later than 14 days from the day on which the consumer has communicated the decision to withdraw. The deadline is met if the consumer sends back the goods before the period of 14 days has expired.
3. The consumer shall return the goods with all accessories, preferably in their original condition and packaging, and in accordance with reasonable and clear instructions provided by the trader.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer shall bear the direct cost of returning the goods, unless otherwise stated by the trader.
6. Where the consumer has requested the commencement of the performance of the service or the supply of water, gas or electricity (where they are not put up for sale in a limited volume or set quantity) or district heating during the cooling‑off period, the consumer shall pay the trader an amount proportionate to what has been provided until the time when the consumer has informed the trader of the exercise of the right of withdrawal.
7. The consumer shall not bear any costs for the supply of water, gas or electricity (in so far as they are not put up for sale in a limited volume or set quantity) or of district heating, if: the trader has failed to provide information on the right of withdrawal or on the costs, or the consumer did not expressly request the commencement of the performance during the cooling‑off period.
8. The consumer shall not bear any costs for the full or partial supply of digital content which is not supplied on a tangible medium, where: the consumer has not given express consent to the performance before the end of the cooling‑off period; the consumer has not acknowledged that the right of withdrawal is lost; or the trader has failed to provide confirmation of the contract.
9. Where the consumer exercises the right of withdrawal, any ancillary contracts shall be terminated by operation of law.

Article 9 - Obligations of the Trader in Case of Withdrawal

1. Where the consumer submits a withdrawal electronically, the trader shall promptly acknowledge receipt of such withdrawal.
2. The trader shall reimburse all payments received from the consumer, including the costs of standard delivery, without undue delay and in any event not later than 14 days from the day on which the trader is informed of the consumer’s decision to withdraw. The trader may withhold reimbursement until the trader has received the goods back or the consumer has supplied evidence of having sent back the goods, whichever is the earliest.
3. The trader shall carry out the reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise; in any event, the consumer shall not incur any fees as a result of the reimbursement.
4. Any supplementary cost resulting from the consumer’s choice of a type of delivery other than the least expensive type of standard delivery offered by the trader shall not be reimbursed.

Article 10 - Exclusion of the Right of Withdrawal

The right of withdrawal may be excluded only where this has been clearly stated in advance, including in relation to:

• goods or services whose price depends on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
• public auctions;
• the provision of services after the service has been fully performed, where the performance has begun with the consumer’s prior express consent and with the acknowledgement that the consumer will lose the right of withdrawal once the contract has been fully performed by the trader;
• package travel or passenger transport services; the provision of accommodation for a specified date or period; and certain leisure activities;
• goods made to the consumer’s specifications or clearly personalised; goods liable to deteriorate or expire rapidly; sealed goods not suitable for return due to health protection or hygiene reasons and which were unsealed after delivery;
• goods which are, after delivery, according to their nature, inseparably mixed with other items; certain alcoholic beverages; sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
• newspapers, periodicals or magazines (with the exception of subscription contracts); digital content not supplied on a tangible medium, where performance has begun with the consumer’s prior express consent and with the acknowledgement that the consumer thereby loses the right of withdrawal.

Article 11 - The Price

1. During the period of validity stated in the offer, the prices of the goods and/or services shall not be increased, save for changes in VAT rates.
2. Goods or services whose prices are subject to fluctuations in the financial market and which are beyond the trader’s control may be offered at variable prices; this shall be stated in the offer.
3. Price increases within three months of the conclusion of the contract shall be permitted only where they result directly from statutory regulations.
4. Price increases as from three months after the conclusion of the contract shall be permitted only if they have been agreed and the consumer is entitled to terminate the contract or where such increase is required by law.
5. Prices are inclusive of VAT.

Article 12 - Conformity and Additional Guarantee

1. The trader warrants that the goods and/or services conform to the contract, the specifications set out in the offer and the applicable legal requirements and/or governmental regulations.
2. Any additional guarantee offered by the trader shall not limit the consumer’s statutory rights and remedies.
3. “Additional guarantee” means any undertaking by the trader or a third party which goes beyond the trader’s statutory obligations.

Article 13 - Delivery and Performance

1. The trader shall exercise due care in the execution of orders and in the assessment of requests for the provision of services.
2. The place of delivery shall be the address made known by the consumer to the trader.
3. Performance shall take place with all due expedition, and in any event no later than within 30 days, unless otherwise agreed. In the event of delay, the consumer shall be informed within 30 days and shall be entitled to rescind the contract.
4. Following rescission, the trader shall reimburse without delay any amounts paid by the consumer.
5. The risk of damage to and/or loss of goods shall remain with the trader until the goods have been delivered to the consumer or a third party designated by the consumer.

Article 14 - Long‑Term Contracts: term, termination and renewal

Termination:

1. For contracts of indefinite duration: notice of termination shall not exceed one month.
2. For contracts of fixed duration: termination may be given with effect from the end of the fixed term; the notice period shall not exceed one month.
3. Termination shall in any case be possible by the same means as those used to enter into the contract; the consumer shall not be subject to a longer notice period than the trader.

Renewal:

4. Contracts for a fixed term shall not be tacitly renewed (save for limited exceptions for periodicals).
5. Periodicals: maximum renewal of three months; notice period of one month.
6. For contracts of indefinite duration: the consumer may terminate at any time with a notice period not exceeding one month (or three months where the delivery is less frequent than monthly).
7. Trial or introductory subscriptions shall end automatically upon expiry of the trial period.

Duration:

8. Where the duration exceeds one year: the consumer may terminate after one year with a notice period not exceeding one month.

Article 15 - Payment

1. Unless otherwise provided, payment shall be due within 14 days from the start of the cooling‑off period or, where no cooling‑off period applies, within 14 days from the conclusion of the contract.
2. The consumer shall not be obliged to make an advance payment exceeding 50%; where payment in advance is agreed, the consumer shall not be entitled to performance until the advance payment has been made.
3. The consumer shall promptly notify the trader of any inaccuracies in payment details provided or stated.
4. In the event of late payment, and after a reminder and a further period of 14 days to remedy the default, the consumer shall be liable for statutory interest and for reasonable extrajudicial collection costs (subject to the statutory scale; minimum €40).

Article 16 - Complaints Procedure

1. The trader shall maintain a complaints procedure which is adequately publicised.
2. Complaints shall be submitted in good time, fully and with a clear description.
3. Complaints shall be handled within 14 days from receipt; where a longer period is required, the consumer shall receive an acknowledgement of receipt with an indication of the period within which a substantive response can be expected.
4. The consumer shall allow the trader at least four weeks to resolve the complaint by mutual agreement; thereafter the matter shall be deemed a dispute.

Article 17 - Disputes

1. These Terms and Conditions and any contracts concluded thereunder shall be governed exclusively by the laws of the Netherlands.

Article 18 - Supplementary or Divergent Provisions

Supplementary or divergent provisions from these Terms and Conditions shall not operate to the detriment of the consumer and shall be recorded in writing or in such a manner that they can be stored by the consumer in an accessible form on a durable medium.

Annex I: Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract)