GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY OF INKER BV – DROPSHIPPING
For the purposes of these terms and conditions, the following definitions apply:
- "Dropshipping": the process by which Inker offers the customer the opportunity to purchase products that are property, belonging to, and held in stock by offering Inker to and to ship to the end customer. The end customer can order these products from the customer at a selling price to be determined by the customer, after which the customer can sell these products through a automated or manual process directly from Inker, and inker the products in order and at the expense and risk of the customer to the final customer, all this without the end customer seeing that the products come from Inker;
- "end customer" means the customer's direct contractual partner;
- "Inker": your dropshipping contract partner as defined in Article 2 of this conditions;
- "Inker end customers" means Inker's direct customers for the products offered by Inker on its website (B2C and B2B with the exception of the dropshipping service);
- "Customer": Inker's contractual partner in the context of the Dropshipping Service;
- "Webshop": the Customer's webshop.
Your contractual partner for all orders within the scope of this dropshipping offer is inker BV (RPR
Ghent department Ghent, KBO 0774.462.945), Sluis 2D1 bus 05, 9810 Eke, Belgium.
All orders placed by the customer with inker are made on the basis of the following general Inker's terms and conditions of sale and delivery. These form the basis of all offers and agreements between Inker and the Customer and are valid for the entire duration of the business relationship. Conditions of the buyer that conflict with or deviate from it are only applicable to the if inker has accepted it in writing.
All orders placed by the end customer with the customer are made on the basis of the general sales and
terms and conditions of delivery of the customer. The customer undertakes to provide the end customer with the same general terms and conditions as the general terms and conditions of INKER to the which terms and conditions are available on Inker's website and which the customer expressly declares that they are aware of this. Inker cannot be held responsible for any fact that is the result of different general terms and conditions.
3 Responsibility for the online offer
Two types of webshops are available through the inker platform.
- on the one hand, webshops designed and operated by Inker itself ("inker-shops"); and
- on the other hand, webshops designed and operated by independent customers ("Partner Shops").
inker is not responsible in its entirety for the items offered in an inker-shop and designs. For the items and designs offered in a partner shop, as well as for the design of the shop and the advertising of the items offered is the sole responsibility of the customer. Inker is concerned about expressly do not own the content of the partner shop, insofar as they do not correspond to the provisions in these Terms and Conditions.
This applies in particular in the event that Partner Shops are infringe their obligation to enter into contracts with their final customer in their own right. Shops can make use of the same terms and conditions of Inker's sales to the end customers. The customer must use the standard protocols and prescribed ICT infrastructure to be able to communicate with (the servers of) Inker.
4 Purchase Agreement
The offers listed on the platform are a non-binding invitation to the customer to contact inker to order. By sending the order form completed on the webshop by the end customer and the subsequent sending of an order confirmation by the customer to the end customer, there will be a the customer and inker enter into a purchase agreement or production agreement.
Inker then sends the customer an order confirmation by e-mail and checks the order on the practicability. The order confirmation cannot be seen as a delivery confirmation, but is solely for the purpose of informing the customer that the order has been placed with Inker. The agreement is only concluded when inker has sent the ordered product to the end customer and confirm this sending with a second email (shipping confirmation) to the customer. The conclusion of the purchase agreement is subject to the condition that inker itself is in a timely and complete manner supplied by suppliers. This reservation does not apply in the case of short-term
delivery problems or where Inker is responsible for the non-delivery, in particular when Inker fails to provide an alternative in a timely manner. The customer shall be informed immediately of the unavailability of the product. If the customer has already paid, this will be repaid. All products ordered by the customer must be purchased and paid for by the customer from inker. Under no circumstances does Inker keep a stock for the customer.
In principle, the ordered item will be shipped within 72 hours after the order confirmation has been received by the customer delivered to the end customer. Delivery times and delivery times are only binding if they are
expressly confirmed as such in writing. Inker ships the order to the end customer in the name and on behalf of the customer. The delivery is carried out by a freight forwarder chosen by inker. The customer is postage
which may depend on the value of the order and the place where the order is placed. end customer must be delivered. The risk of damage to and loss of the product passes immediately to the customer after handover of the product by Inker to the freight forwarder. The damage caused during the transport should always be handled between the customer and the freight forwarder.
Inker keeps records and proof of shipment. The contestation of a receipt of the product or the absence of a signature for receipt does not relieve the customer of his payment obligations towards Inker.
The prices shown are net prices. The customer is responsible for the payment of VAT in the country of delivery.
To this end, the customer will provide inker with his VAT number for the country of delivery via the platform. If not, inker will be forced to charge Belgian VAT on the order. Customers will have to pay the shipping costs which may depend on the order value and location to which deliveries are to be made.
Payment is made by credit card. To this end, the customer will be required to provide Inker credit card details, whereby the Customer authorizes Inker to provide Inker at the times desired by Inker debit the bank account linked to the credit card for the amounts due.
When the payment cannot be made, in particular due to a shortage in the account of the Customer or by providing incorrect data, the Customer is obliged to inform Inker or the the additional costs incurred by the third parties entrusted with the settlement. Inker has the right to use the services of the Inker in the processing of the payment.
In the event of non-compliance with the payment obligation by the customer, inker has the right to place its claim in the hands of a collection agency and to pass on the personal data necessary for payment to this third party.
transfer personal data to this third party.
- If third parties are involved in the processing of the payment, the payment will be
in respect of Mr Inker, shall not be deemed to have been paid until the amount is in accordance with the
made available to the third party by the agreement, so that the third party is without any restriction.
- The customer agrees to receive only digital invoices. The invoices are made available to the customer in PDF format by e-mail.
8 Retention of title
The products remain the property of inker until all outstanding receivables have been paid to inker. If the client is an entrepreneur within the meaning of the Belgian Code of Economic Law, inker is the owner of all deliveries until all claims from this business relationship have been settled.
9 Right of withdrawal
If the end customer wishes to exercise his right of withdrawal for a product, the End Customer must withdraw the Product at the Customer's risk. Inker will not take back any products from the customer, as it is for the customer to personalized products.
Specifications, drawings, illustrations, technical data, descriptions of weights, dimensions and assets, which are included in leaflets, catalogues, mailings, advertisements or price lists, have a purely informative character. Inker cannot be held responsible for the accuracy of any this data. Only the statements stated in the order confirmation are decisive for the purposes of type and scope of the supply.
In the event of a defect covered by the warranty, the customer is within the scope and under the conditions of the statutory provisions entitled, in addition to compensation:
- to require the repair or replacement of the goods free of charge;
- demand a proportionate reduction in the price;
- or to demand the termination of the contract.
If, in the event of defects, products are returned, inker will also reimburse the postage costs for its take into account.
According to the current state of the art, it cannot be guaranteed that the exchange of data via the internet is error-free and/or possible at all times. Therefore, inker cannot be held liable for uninterrupted availability of the online offer.
The customer's warranty claims are subject to the condition that they are obligatory. The limitation period for warranty claims for the delivered products is 1 or 2 years, depending on whether the end customer is an entrepreneur or a consumer.
11 Limitation of Liability
The liability of inker is otherwise dependent on the statutory regulations, for insofar as these General Terms and Conditions of Sale and Delivery do not stipulate otherwise. inker is unlimited obligation to pay damages, regardless of the legal basis on which that is to be done. In addition, inker has unlimited liability in the event of ordinary negligence for damage caused by death or bodily injury or damage to health.
In case of ordinary negligence and the breach of an essential obligation laid down in the agreement (cardinal obligation), Inker's liability is limited to compensation for foreseeable damage typical of such a case.
Inker is not liable in the event of force majeure. Insofar as Inker's liability in these General Terms and Conditions of Sale and Delivery excluded or limited, the same applies to personal liability for indemnification of Inker's employees, employees, agents and assistants.
12 Copyright on print designs, disclaimer of liability
For inker as a platform provider, it is not possible to include all customer-made print motifs. Check in advance whether it infringes any existing rights of the Member States.
Inker has the right to remove incoming orders within the legal acceptance period, if it becomes known in the context of the ordering process whether the suspicion arises that a print motif may infringe the rights of third parties or legal infringed.
Customer shall indemnify inker against all claims and claims arising out of breach of such rights of third parties, insofar as the customer is responsible for the breach of his obligations. The The Client will reimburse Inker for all resulting costs for defence and other damages.
13 Formal and technical derogations
Inker expressly reserves the right to deviate from the in relation to the descriptions and information contained in our prospectuses, catalogues and other written and electronic documents concerning the properties of fabrics, colours, weight, dimensions, design and similar characteristics, to the extent that those of the customer can be required. Reasons for such changes to be accepted may arise from the fluctuations and technical production methods.
inker is entitled, without prior notice of default and/or notification and without be liable in any way for damages and costs, and without waiving any other to suspend its obligations vis-à-vis the customer or to terminate the contract in whole or in partially dissolve, if:
- the customer does not comply with its payment and/or other obligations;
- the customer has gone bankrupt;
- the client has been dissolved or intends to dissolve;
- there is a change of control over the customer;
- there are circumstances that are of such a nature that the fulfilment of the obligations
cannot reasonably be requested by Inker. In the aforementioned cases, Inker's claims against the customer are immediately and immediately payable in full.
The customer is not entitled to use his transfer all or part of the rights under the agreement to third parties.
16 Data protection
Inker only uses personal data of the customer and the end customer for the purpose of the for which they were given and in accordance with the legal provisions.
The personal data provided for the ordering of products (e.g. name, e-mail address, postal address, payment details) are used by Inker for the fulfilment and processing of the agreement. This data will be treated confidentially by inker and will not be passed on to third parties who are not involved in the order, delivery and payment.
The customer has the right to request to obtain information free of charge about the personal data that Inker holds about him stored. In addition, he has the right to correct inaccurate data, block and block deletion of his personal data, unless this would be contrary to a legal obligation to retain data.
The customer is responsible for the correctness of the data provided by the end customer to inker.
The customer will inform the end customer of the possibility that data of the end customer will be passed on to third parties.
17 Place of jurisdiction – place of performance – choice of law
The place of execution for all deliveries is the branch of inker in Eke. The competent courts of the district of East Flanders division Ghent are competent. In this case, Inker also has the right to choose to submit the dispute to the court of the customer's seat.
The same applies accordingly, if the customer does not have a generally competent court in Belgium, it may transfer its registered office to the Court of First Instance after the conclusion of the contract.
foreign country, or its registered office is unknown at the time when the action was brought.
The agreement concluded in accordance with the arrangements set out in these General Sales and Customs
terms and conditions of delivery, is exclusively subject to the general law of Belgium. The validity excluded from the UN Convention on the International Sale of Goods.
In the event that separate provisions of these General Terms and Conditions of Sale and Delivery
null and void or contrary to the statutory regulations, the agreement remains for the remainder