General Terms and Conditions (GTC)

1. ABOUT US

2. OUR PRODUCTS

3. ELIGIBLE

4. INTELLECTUAL PROPERTY

5. HOW THE CONTRACT IS CONCLUDED

6. PRODUCT DESCRIPTIONS AND PRICES

7. IF ORDERS ARE NOT ACCEPTED

8. CANCELLATION OF ORDERS

9. RIGHT OF WITHDRAWAL

10. DAMAGED PRODUCTS

11. AVAILABILITY OF PRODUCTS

12. TRANSFER OF RISK AND TITLE

13. SPECIAL OFFERS, DISCOUNTS AND PROMOTIONS

14. OUR RIGHT TO CHANGE THESE TERMS AND CONDITIONS

15. OUR LIABILITY

16. EVENTS BEYOND OUR CONTROL

17. COMMUNICATION BETWEEN US

18. DATA PROTECTION

19. DISCLAIMERS

20. CHARGEBACK

21. WARRANTY

22. ACCURACY OF BILLING AND ACCOUNT INFORMATION

23. OTHER IMPORTANT TERMS

Welcome to Ink Up and our website and shop at www.ink-up.de. These terms and conditions and our other policies inform you about us and the terms ("Terms") under which we sell our 2-week tattoos and merchandise ("Products") to you through our website.

These Terms apply to any contract between us for the sale of our products to you ("Contract"). Please read these Terms carefully and make sure you understand them before ordering any products from us. By ordering any of our products, you agree to be bound by these Terms and the provisions contained herein, as well as the other documents expressly incorporated by reference.

1. ABOUT US

• We are Ink Up, Wachtelweg 37a, 22869 Schenefeld, Germany ("Ink Up", "we", "us", "our").
• We operate the website www.ink-up.de (our "Website").
• To contact us, please send an email to kontakt@ink-up.de.
• These Terms were last updated on Friday, November 29, 2024.

• The following provisions also apply to these Terms and Conditions and are an integral part of these Terms and Conditions:
• Our privacy policy,
• Our Cookie Policy, and
• Our shipping, cancellation and return conditions.

• The Ink Up logo and related marks, emblems and images are registered trademarks and copyright of Ink Up.

2. OUR PRODUCTS

• The images of the products on our website are for illustrative purposes only. While we have made every effort to display the colors and details accurately, we cannot guarantee that your computer's display of the colors and details will accurately reflect the products. Your actual products may vary slightly from these images.

• All products displayed on our website are subject to availability. We will notify you by email as soon as possible if the product you ordered is unavailable and we are unable to process your order.

3. ELIGIBLE

• You can only purchase products on our website if you are at least 18 years old.
• We intend to rely on these terms in relation to the contract between you and us.
• We are only responsible for our statements and representations on our website and not for the statements of third parties.
• Nothing in these Terms affects your statutory rights. These rights include your right to receive products that match their description, are of satisfactory quality, and are fit for purpose.

4. INTELLECTUAL PROPERTY

• All content included on the Site, unless uploaded by users, including but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code, and software, is the property of Ink Up, our affiliates, or other relevant third parties. By continuing to use the Site, you acknowledge that such material is protected by applicable national and international intellectual property and other relevant laws.
• You may not reproduce, copy, distribute, store or otherwise reuse any material from the Website unless otherwise indicated on the Website or unless you have express written permission from Ink Up to do so.

5. HOW THE CONTRACT IS CONCLUDED

• The Contract is governed by these Terms to the exclusion of all other terms (including any terms you purport to apply in a Contract).
• A contract will only become effective once we have issued a written confirmation and acceptance of the contract (notwithstanding any earlier acknowledgement of receipt).
• We may, at our sole discretion, refuse any order placed by you.
• After acceptance by us, no changes or additions to the contract are permitted unless they are accepted by us in writing.
• In case of a discrepancy between the prices indicated online and our order confirmation, the latter shall prevail.

6. PRODUCT DESCRIPTIONS AND PRICES

• We do our best to ensure that the information about our products is accurate and up-to-date. However, we cannot guarantee that the description and/or pricing of the products is error-free or that the products will always be available when you wish to place an order to purchase them.
• We reserve the right to change the product information displayed on our website, including prices, descriptions, and availability. However, such changes will not affect orders for which you have already received an order confirmation email.
• The price of a product does not include shipping costs. Our shipping costs are listed on our website from time to time. You can find the applicable shipping costs on our checkout page.

7. IF ORDERS ARE NOT ACCEPTED

• Although we do our best to always accept orders, in certain circumstances we may refuse an order, for example if: you provide us with incomplete, false or fraudulent information about your identity, age, payment details, billing details or delivery address; we notice that there has been an error on our website in relation to the products you have ordered, for example, in relation to the price shown or the description; the products you have ordered are unfortunately no longer in stock or available; we have reasonable grounds to believe that you intend to resell the products.
• If we are unable to accept your order, we will contact you by email as soon as possible, but no later than 30 days after the date of your order.
• If we are unable to accept your order because the products are no longer available or because the price and/or other information on our website is incorrect, we will refund any money you have already been charged for those products.

8. CANCELLATION OF ORDERS

• We reserve the right to cancel an order we have already accepted at any time prior to delivery and for any reason. We may do this, for example, but without limitation, if:
• an event beyond our reasonable control, such as a storm, fire, flood or computer system failure, means that we are unable to deliver the Products within a reasonable time;
• The products ordered were subject to an error on the website, for example, relating to a description, price or image, which was not discovered before the order was accepted;
• you ask us to cancel your order.

• If we cancel your order after acceptance, you will receive an email informing you of the cancellation.
• If we or you cancel your order after payment has been processed, we will refund the money you paid for that order, usually within 14 to 30 days.
• Unless required by law or expressly set out in these Terms and Conditions, we will not be liable to you or any other person for any loss, damage, cost or expense arising directly or indirectly from the cancellation of your order, whether in contract, negligence or other tort, equity, restitution, strict liability, statute or otherwise.

9. RIGHT OF WITHDRAWAL

• Under German and EU consumer protection law, you have a cooling-off period of 14 "working days" within which to cancel your purchase if you no longer want the item for any reason, starting from the date the contract is concluded (i.e., the date we send our order confirmation email). We will respond to all inquiries within 5 working days.
• You can return your items within 14 days. The items must be new and in their original packaging, in a resalable condition, complete and as purchased, with a valid proof of purchase, and returned to us within 14 days of purchase. You must repack the goods in their original packaging and return them to us. To arrange a return, please contact us at kontakt@ink-up.de. To exercise your right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. a letter sent by post or email). You can use our model withdrawal form for this purpose, but this is not mandatory.
• To comply with the cancellation period, it is sufficient that you send the notification of the exercise of your right of cancellation before the cancellation period has expired.
• Consequences of termination
If you cancel this contract, we will refund all payments we have received from you promptly and at the latest within 14 days from the day on which we were informed of your decision to cancel this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund. Sample cancellation form (If you wish to cancel the contract, please fill out this form and return it).

To
Ink Up, Wachtelweg 37a, 22869 Schenefeld, Germany,
Email: kontakt@ink-up.de
I/we (*) hereby revoke the contract concluded by me/us (*) on (*).
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for paper registration)
Date -------------
(*) Delete if appropriate.

10. DAMAGED PRODUCTS

• If you have received a damaged or defective product, please send an email to kontakt@ink-up.de within 48 hours of delivery and attach pictures of the damaged item so that the damage can be verified.
• Please do not discard the item until you have received feedback from us. A complaint can only be considered if it can be clearly proven that the product(s) is/are faulty or damaged. We will respond to all complaints within 5 business days.

11. AVAILABILITY OF PRODUCTS

• You acknowledge and agree that certain products may be out of stock or unavailable from time to time.
• We reserve the right to temporarily or permanently withdraw any product displayed on the Site at any time without notice. Unless otherwise required by law, we will not be liable to you or any other person for any loss, damage, cost, or expense incurred as a direct or indirect result of the unavailability of any product at any time, whether in contract, negligence, or other tort, equity, restitution, strict liability, statute, or otherwise.

12. TRANSFER OF RISK AND TITLE

• Risk in the product passes to you upon delivery. Full legal and economic ownership of the product remains with us (even after it has been delivered and the risk has passed to you) until we notify you in writing that legal and economic ownership of the product has passed to you, or if this happens earlier:
• we have received full payment in cash or cleared funds for the entire product; and
• all other amounts payable by you to us or under the Contract or any other contract or order have been received by us.

• Our rights and remedies set out herein are in addition to, and shall not affect, restrict, or limit in any way, any of our other rights and remedies arising under the contract or at law or in equity. We may sue you for payment of the product price even if legal, equitable, and beneficial ownership of the product has not yet passed to you.

13. SPECIAL OFFERS, DISCOUNTS AND PROMOTIONS

• We reserve the right to change, limit or cancel special offers, discounts and promotions at any time and without prior notice.
• All special offers, discounts and promotions are subject to availability and may require acceptance of additional terms and conditions, which are hereby expressly incorporated into this Agreement.
• Ink Up reserves the right to limit certain special offers, discounts and promotions to one order per customer, defined by email address and/or credit card address and/or shipping address.

14. OUR RIGHT TO CHANGE THESE TERMS AND CONDITIONS

• We reserve the right to change these terms and conditions at any time.
• Revisions will only be made if necessary to comply with a change in relevant laws or regulatory requirements or to accommodate a change in business processes or procedures.
• Each time you order products from us, the terms and conditions that apply to the contract between you and us at that time will apply.
• Whenever we revise these Terms, we will notify you by indicating at the top of this page that these Terms have changed and by adding the relevant date.

15. OUR LIABILITY

• If we fail to comply with these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach of these Terms or if it was contemplated by both you and us at the time the contract was entered into.
• We supply the products for domestic and private use only. You agree not to use the product for any commercial, business, or resale purposes, and we will not be liable to you for any loss of profits, loss of business, business interruption, or loss of business opportunity.
• We do not exclude or limit our liability in any way:
• Death or personal injury caused by our negligence;
• Violations of the provisions on property rights and the right to quiet possession;
• Violations of the provisions relating to satisfactory quality, suitability and description; and
• defective products.

• In no event shall we be liable for: (i) lost profits; (ii) lost actual profits (direct or indirect); (iii) lost savings; (iv) lost business or revenue; (v) economic losses of any kind; (vi) indirect, special, consequential or punitive damages, however caused; (vii) losses resulting from the assertion of claims of any kind by third parties; and/or (viii) losses arising out of the use, application or results of the software included in the Product.
• We will not be liable for any such loss or damage, whether such loss or damage is foreseen, direct, foreseeable, known, or otherwise. Our total liability arising out of or in connection with the performance or contemplated performance of the contract shall in no event exceed the price you paid for the product giving rise to your claim, whether for negligence or breach of contract, or for any other reason.
• To the extent permitted by law, the period for asserting claims arising out of or in connection with the contract is limited to one year from the time at which such claim or cause of action is discovered or, with the exercise of due care, should have been discovered; after the expiry of this agreed limitation period, no claim may be asserted.

16. EVENTS BEYOND OUR CONTROL

• We will not be liable or responsible for any failure to perform, or delay in performing, our obligations under a Contract that is caused by an event outside our reasonable control. An "Event Outside Our Control" is any act or occurrence beyond our reasonable control, including, but not limited to, strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or unproclaimed) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or the failure of any public or private telecommunications network or the inability to use any railway, ship, aircraft, motor vehicle or other public or private means of transport.
• If an event occurs which is beyond our control and affects the performance of our obligations under a contract:
• we will contact you as soon as possible to inform you; and
• our obligations under a contract are suspended and the time for performance of our obligations is extended by the duration of the event beyond our control.

• If the Event Outside Our Control affects our delivery of the Products to you, we will agree a new delivery date with you after the Event Outside Our Control has passed.

17. COMMUNICATION BETWEEN US

• When we refer to “in writing” in these Terms and Conditions, this includes emails.
• If you wish to contact us in writing, or if a clause in these Terms requires you to provide written notice, you may send it to us by email. We will acknowledge receipt of such notice by contacting you in writing, usually by email.
• If we need to contact you or notify you in writing, we will do so by email to the address you provided to us when placing your order.
• Please note that any communication you send to us or that we send to you will be deemed received and duly served when posted on our website or 24 (twenty-four) hours after an email is sent.
• In the case of a letter, it is sufficient to prove that the letter was properly addressed, stamped and posted, and in the case of an email, it is sufficient to prove that the email was sent to the specified email address of the recipient.

18. DATA PROTECTION

• For the purposes of applicable data protection laws, we will process any personal data you have provided to us in accordance with our Privacy Policy. You agree that if you have provided us with personal data through a third party, we may:
• you have all necessary permits and
• that this third party has read our privacy policy.
• You agree to indemnify us against all liabilities, penalties, fines, judgments or costs arising from your failure to comply with these requirements.

19. DISCLAIMERS

• Ink Up makes no warranty or representation that the products will meet your requirements, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be safe, or that all information provided is accurate. We do not guarantee any particular results from the use of our products.

20. CHARGEBACK

• You agree to contact us before requesting a chargeback or pursuing a dispute with your bank or card issuer regarding a transaction. If you make a card payment through our website and later dispute a legitimate charge by filing a chargeback for no reason or for a legitimate reason (which we determine in our sole discretion), whether fraudulent or otherwise, we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and, if necessary, pursue legal action.

21. WARRANTY

• We warrant that the product supplied under this contract will be free from defects in materials and workmanship at the time of delivery. You must notify us in writing of any breach of the above warranty in a reasonable manner. Unless we agree otherwise in writing, our liability for any failure to comply with the above conditions is limited to the replacement or repair of the product in question. We will pay all reasonable packaging and transport costs for the return of any justified claim. Upon our request, you must return any replaced product to us promptly.
• We will not be liable for any breach of warranty if any of the following circumstances apply:
• the product has been modified, altered, abused, mistreated or neglected;
• the product has not been used in accordance with our instructions;
• normal wear and tear, deliberate or accidental damage;
• the price for the product or other products or services supplied by us or our affiliates has not been received in full.

• Minor deviations from specifications that do not affect the performance of the product are not considered defects in materials or workmanship or failure to conform to the stated specifications.

22. ACCURACY OF BILLING AND ACCOUNT INFORMATION

• We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. If we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
• You agree to provide current, complete and accurate purchase and order information for all purchases made at our store.
• You agree to promptly update your order information, including your email address and credit card number and expiration date, so that we can complete your transactions and contact you as needed.

23. OTHER IMPORTANT TERMS

• We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these terms. In any case, we will notify you on this website if this happens.
• You may only transfer your rights and obligations under these Terms to another person if we agree to this in writing.
• This Agreement is entered into between you and us. No other person has any right to enforce any of its terms.
• Each of the paragraphs of these Terms operates separately. If any court or competent authority decides that any of the paragraphs is illegal or unenforceable, the remaining paragraphs will remain in full force and effect.
• If we fail to insist that you perform any of your obligations under these Terms, or if we fail to enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and you do not have to comply with those obligations. If we waive any default by you, we will only do so in writing, and this will not automatically waive any subsequent default by you.
• These Terms and any documents expressly referred to in them constitute the entire agreement between us relating to their subject matter and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you will have no remedies in respect of any statement, representation, undertaking or warranty (whether made innocently or negligently) which is not contained in these Terms or in any document expressly referred to in these Terms. You agree that you will have no claim for any innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or in any document expressly referred to in these Terms.
• These Terms and the relationship between you and us are governed by German law and you agree to submit to the exclusive jurisdiction of the courts in Schenefeld, Germany.