General Terms and Conditions (GTC)

1. ABOUT US

2. OUR PRODUCTS

3. ELIGIBILITY

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 OWNERSHIP

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. PRIVACY POLICY

19. DISCLAIMER OF LIABILITY

20. CHARGE BACK

21. WARRANTY

22. ACCURACY OF INVOICE 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") on which we sell our 2 Week Tattoos and goods ("Products") to you through our website.

These Terms apply to every 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 Products from us. By ordering any of our Products, you agree to these Terms and the provisions contained herein, as well as the other documents expressly referred to herein.

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 essential part of these terms and conditions:
• Our privacy policy,
• Our cookie policy, and
• Our shipping, cancellation, and return policies.

• The Ink Up logo and the associated trademarks, emblems, and images are registered trademarks and are subject to Ink Up's copyright.

2. our products

• The images of the products on our website are for illustration purposes only. Although we have made efforts to accurately represent the colors and details, we cannot guarantee that the display of colors and details on your computer will exactly match the products. Your products may differ slightly from these images.

• All products shown on our website are subject to availability. We will inform you by email as soon as possible if the product you ordered is not available and we cannot process your order.

3. eligibility

• 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 statements made by third parties.
• Nothing in these terms affects your legal rights. These rights include your right to receive products that match the description, are of satisfactory quality, and fit for purpose.

4. intellectual property

• All content contained on the website, 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 website, you acknowledge that this material is protected by applicable national and international intellectual property laws and other relevant regulations.
• It is not permitted to reproduce, copy, distribute, store, or otherwise reuse material from the website unless otherwise stated on the website or you have explicit written permission from Ink Up to do so.

5. how the contract is concluded

• The contract is subject to these terms to the exclusion of all other terms (including any terms you specify to apply in a contract).
• A contract only becomes effective when we have issued a written confirmation and acceptance of the contract (regardless of any prior acknowledgment of receipt).
• We may, at our sole discretion, reject any order you place.
• 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 stated 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 product descriptions and/or prices are error-free or that the products will always be available when you want 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 by email.
• The price of a product does not include shipping costs. Our shipping costs are indicated 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, we may refuse an order in certain cases, for example, if: you provide us with incomplete, incorrect, or fraudulent information about your identity, age, payment details, billing information, or delivery address; we find an error on our website regarding the products you ordered, such as the displayed price or description; the products you ordered are unfortunately no longer in stock or available; we have reasonable grounds to believe that you intend to resell the products.
• If we cannot accept your order, we will contact you as soon as possible by email, but no later than 30 days after the date of your order.
• If we cannot 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 you any money already charged for these products.

8. cancellation of orders

• We reserve the right to cancel an order we have already accepted at any time before delivery and for any reason. For example, but without limitation, we may do so if:
• an event beyond our control, such as a storm, fire, flood, or computer system failure, prevents us from delivering the products within a reasonable time;
• The ordered products were subject to an error on the website, such as in 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 generally refund the money you paid for that order within 14 to 30 days.
• Unless required by law or expressly stated in these terms and conditions, we are not liable to you or any other person for any losses, damages, costs, or expenses arising directly or indirectly from the cancellation of your order, whether based on contract, negligence, or any other tort, equity, refund, strict liability, statute, or otherwise.

9. right of withdrawal

• Under German and EU consumer protection law, you have a 14 "working day" reflection period during which you can revoke your purchase if you no longer want the item for any reason, starting from the date of contract conclusion (i.e., the date we send our order confirmation by 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, accompanied by valid proof of purchase, and returned to us within 14 days of purchase. You must repack the goods in the original packaging and send them back to us. To arrange a return, please simply contact us at kontakt@ink-up.de. To exercise your right of withdrawal, you must inform us of your decision to revoke this contract by means of a clear statement (e.g., a letter sent by post or an email). You may use our sample withdrawal form, but it is not mandatory.
• To meet the withdrawal deadline, it is sufficient for you to send your communication exercising your right of withdrawal before the withdrawal period expires.
• Consequences of termination
If you revoke this contract, we must refund all payments received from you immediately and no later than 14 days from the day we were informed of your decision to revoke this contract. We will use the same payment method you used in the original transaction for this refund unless expressly agreed otherwise with you; in no case will you be charged fees for this refund. Sample withdrawal form (If you want to revoke the contract, please fill out this form and send it back).

 

To
Ink Up, Wachtelweg 37a, 22869 Schenefeld, Germany,
E-mail: 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 not applicable.

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 include pictures of the damaged item so that the damage can be verified.
• Please do not dispose of the item before receiving a response from us. A complaint can only be considered if it can be clearly proven that the product(s) is/are faulty or damaged. We respond to all complaints within 5 business days.

11. availability of products

• You acknowledge and agree that certain products may from time to time be out of stock or unavailable.
• We reserve the right to remove products displayed on the website from sale temporarily or permanently at any time without prior notice. Except as required by law, we shall not be liable to you or any other person for any loss, damage, cost, or expense arising directly or indirectly from the unavailability of products at any time, whether arising from contracts, negligence or other torts, equity, restitution, strict liability, statutes, or otherwise.

12. transfer of risk and ownership

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

• Our rights and remedies set forth herein are in addition to our other rights and remedies arising from the contract or under law or equity and shall not in any way affect, restrict, or limit them. We are entitled to sue you for payment of the product price even if the 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, restrict, or cancel special offers, discounts, and promotions at any time 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 the 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 at any time.
• Revisions will only be made when necessary to comply with changes in applicable laws or regulatory requirements or to enable changes in business processes or procedures.
• Each time you order products from us, the terms that apply to the contract between you and us at that time will apply.
• Whenever we revise these terms, we will inform you by indicating at the top of this page that the terms have changed and adding the relevant date.

15. our liability

• If we fail to comply with these terms, we are liable for all losses or damages you suffer that are a foreseeable consequence of our breach of these terms or our negligence, but we are not liable for losses or damages that are not foreseeable. A loss or damage is foreseeable if it was an obvious result of our breach of contract or if it was considered by you and us at the time the contract was concluded.
• We supply the products only for domestic and private use. You agree not to use the product for commercial, business, or resale purposes, and we are not liable to you for loss of profits, business losses, business interruptions, or loss of business opportunities.
• We neither exclude nor limit our liability in any way:
• death or personal injury caused by our negligence;
• breaches of provisions regarding ownership rights and the right to quiet possession;
• breaches of provisions regarding satisfactory quality, fitness, 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, regardless of the cause; (vii) losses arising from claims of any kind by third parties; and/or (viii) losses resulting from the use, application, or results of the software contained in the product.
• We are not liable for such losses or damages, whether these losses or damages were foreseen, direct, foreseeable, known, or otherwise incurred. Our total liability arising from or in connection with the performance or intended performance of the contract shall in no case exceed the price you paid for the product that is the basis of your claim, regardless of whether it is due to negligence, breach of contract, or any other reason.
• To the extent permitted by law, the period for asserting claims arising from or in connection with the contract is limited to one year from the time such a claim or cause of action is discovered or should have been discovered with due diligence; after this agreed limitation period expires, no claim can be asserted.

16. events beyond our control

• We are not liable or responsible for failure or delay in fulfilling our obligations under a contract caused by an event beyond our control. An "event beyond our control" is an act or event outside our reasonable control, including but not limited to strikes, lockouts or other industrial actions by third parties, civil unrest, riots, invasion, terrorist attacks or threats of terrorist attacks, war (declared or not) or the threat or preparation of war, fire, explosion, storm, flood, earthquake, subsidence, epidemics or other natural disasters, or failure of public or private telecommunications networks or the inability to use railways, ships, aircraft, motor vehicles or other public or private means of transport.
• If an event occurs that is beyond our control and affects the fulfillment 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 fulfilling our obligations is extended by the duration of the event beyond our control.

• If an event beyond our control affects our delivery of products to you, we will agree on a new delivery date with you once the event beyond our control has passed.

17. communication between us

• When we refer to "in writing" in these terms and conditions, this also includes emails.
• If you wish to contact us in writing or if a clause in these terms requires you to give us written notice, you may send it to us by email. We will confirm receipt of this 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 when placing your order.
• Please note that any communication you send to us or that we send to you is considered received and properly delivered as soon as it is published on our website or 24 (twenty-four) hours after an email is sent.
• In the case of a letter, proof that the letter was properly addressed, stamped, and posted is sufficient, and in the case of an email, proof that the email was sent to the recipient's specified email address.
 

18. privacy policy

• For the purposes of applicable data protection laws, we will process all personal data you provide to us in accordance with our privacy policy. You agree that if you have provided us with personal data about a third party:
• you have all necessary permissions and
• that this third party has read our privacy policy.
• You agree to indemnify us from all liabilities, penalties, fines, judgments, or costs arising from non-compliance with these requirements.
 

19. disclaimer of liability

• Ink Up does not provide any warranty or guarantee that the products meet your requirements, that they are of satisfactory quality, that they are suitable for a particular purpose, that they do not infringe third-party rights, that they are safe, or that all provided information is accurate. We do not guarantee any specific results from using our products.
 

20. charge back

• You agree to contact us before requesting a chargeback or initiating 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 submitting a chargeback without reason or for a justified reason (which we determine at our sole discretion), whether it involves fraud or something else, we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback claim and, if necessary, take legal action.
 

21. warranty

• We guarantee that the product delivered under this contract is free from material and workmanship defects at the time of delivery. You must notify us in writing in a reasonable manner of any breach of the above warranty. Unless otherwise agreed in writing, our liability for non-compliance with the above conditions is limited to the replacement or repair of the affected product. We will cover all reasonable packaging and shipping costs for the return of a valid claim. Upon our request, you are obliged to promptly return any replaced product to us.
• We are not liable for a breach of warranty if any of the following circumstances apply:
• the product has been modified, altered, misused, mishandled, or neglected;
• the product was not used in accordance with our instructions;
• normal wear and tear, intentional or accidental damage;
• the full payment for the product or other products or services delivered by us or our affiliates has not been received.

• Minor deviations from the specifications that do not affect the product's performance are not considered material or workmanship defects or non-compliance with the specified specifications.
 

22. accuracy of invoice and account information

• We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel the quantities purchased per person, per household, or per order. If we modify or cancel an order, we will try to inform you via the email address and/or billing address/phone number provided at the time of order. We reserve the right to restrict or prohibit orders that, in our sole discretion, 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 in our shop.
• You agree to promptly update your order information, including your email address, credit card number, and expiration date, so that we can complete your transactions and contact you if necessary.
 

23. other important terms

• Wir können unsere Rechte und Pflichten aus einem Vertrag auf eine andere Organisation übertragen, aber das hat keine Auswirkungen auf deine Rechte oder unsere Pflichten aus diesen Bedingungen. In jedem Fall werden wir dich auf dieser Website informieren, wenn dies geschieht.
• Du kannst deine Rechte und Pflichten aus diesen Bedingungen nur dann auf eine andere Person übertragen, wenn wir schriftlich zustimmen.
• Dieser Vertrag wird zwischen dir und uns geschlossen. Keine andere Person hat das Recht, eine seiner Bestimmungen durchzusetzen.
• Jeder der Absätze dieser Bedingungen gilt separat. Sollte ein Gericht oder eine zuständige Behörde entscheiden, dass einer der Absätze rechtswidrig oder nicht durchsetzbar ist, bleiben die übrigen Absätze in vollem Umfang in Kraft und wirksam.
• If we do not insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, this
• These terms and all documents expressly referred to in them constitute the entire agreement between us regarding their subject matter and supersede and cancel all previous agreements, promises, warranties, representations, and understandings between us, whether written or oral, regarding this subject matter. You agree that you have no remedies in respect of statements, assurances, promises, or guarantees (whether made innocently or negligently) that are not contained in these terms or in a document expressly referred to in these terms. You agree that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms or in a 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.