PLAYGROUND RULES

Today, digital is the end-all-be-all. Or is it? People still like paper. People still tell stories. So why not combine the two? This is the heart and soul of what we do at INKO. We believe that even in our digital age, nothing tells a personal story better than a unique, stunning and creative business card – of the highest quality, of course.

Do you still have questions after reading all this?

 

INKO BV
Zandvoortstraat 6
2800 Mechelen
Belgium

www.inkopaper.com
hello@inkopaper.com

BE0712573777

 

What exactly does INKO stand for?

  • INKO has been providing high-quality printing since 1982, and now we also showcase our expertise and printing background online.
  • Each order is checked by our experts for printing aspects, we leave the creative juices to you.
  • Printed matter is delivered in Belgium, Luxembourg, the Netherlands, Germany & France and the delivery costs are shown when you complete your order.
  • What happens to your personal data? We monitor your data carefully, so that your privacy is protected at all times. You can see the terms and conditions in Privacy policy

 

How can we collaborate effectively?

  • Good printing starts with the technical aspect of the delivered design, our guidelines can help, but we are here to help if you have any questions.
  • Printed material on a screen will always look slightly different to paper printouts. Small differences may even arise if we print your design for a second time at a later stage.
  • Please check the printouts you receive because we want you to be completely satisfied. If something is wrong please don't hesitate to contact us.
  • Before placing an order, check if everything is correct, including the delivery address, billing address and quantities, as changes made after placing an order may incur additional costs.
  • Avoid problems and respect the (intellectual property) rights of others.

 

Brief summary of the full terms and conditions

If the status is 'in production' it is no longer possible to change or cancel your order. If you are not satisfied with the result, we will be happy to discuss how we can best resolve this together. If the matter cannot be resolved, the courts in Mechelen will have exclusive jurisdiction.

 

General Terms and Conditions

  1. Definitions
    1. Services: all services associated with the printed material ordered by the customer, more specifically as agreed at the time of the instruction or the order. INKO will provide the services to the customer as described in the order or other documents, such as e-mails, under the terms of these general conditions.
    2. Agreement: Orders are placed by the customer via our INKO platform. An agreement is concluded as soon as INKO confirms the order.
    3. Specifications: the properties of the printed material offered by INKO as stated on the website (e.g. size, shape, color, number of layers, etc.)
     
  2. Orders
    1. Orders are placed by the customer via our INKO platform. An agreement is concluded as soon as INKO confirms the order. INKO is not obliged to accept an order that has not been placed via our INKO platform according to the standard procedure. Every order placed by the customer is irrevocable, unless stated otherwise.
    2. INKO will check the order after it has received the formatted files. During that check INKO ensures that the submitted files meet the necessary requirements and specifications for printing.
    3. INKO's checking of the files sent by the customer does not include errors in design, sharpness, text, color, etc.  The customer bears the ultimate responsibility for the quality of the design that he sends with his order, and also for all possible deviations or malfunctions that may occur when sending the design.
    4. The printed material delivered to the customer by INKO may differ from other physical or digital copies of the design that the customer or third parties might have. A certain amount of deviation is inherent in printing and cannot be regarded as a shortcoming by INKO.
     
  3. Cancellation
    1. The customer can only cancel the agreement in writing, by e-mail. The cancellation will only take place if INKO confirms it in writing.
    2. As soon as the customer has received notification that his order is 'in production', he can no longer cancel his order.
    3. This agreement constitutes a fixed price contract within the meaning of art. 1794 BW. In the event of cancellation of the order by the customer, INKO is entitled to the price agreed in the agreement. INKO reserves the right to claim higher compensation if the actual damage suffered is greater.
     
  4. Delivery
    1. Deliveries are, in principle, effected on the day indicated by the customer. INKO shall ensure that the printed material is packaged according to  customary practices and will organize suitable transport.
    2. The delivery period starts as soon as there is a final agreement, and all necessary information for the agreement has been passed on to INKO by the customer. If the parties have expressly agreed a binding delivery period, this period will be extended if the customer fails to provide information, documents, originals, images, etc. (in time) and to accept the improved proofs (in time), or if the customer places additional orders.
    3. Unless otherwise agreed, the stated delivery times are an estimate: there is never any certainty about a definite time. In other words: delivery terms are an effort commitment for INKO, not a result commitment. If the customer is of the opinion that INKO is in default due to a postponement of delivery, the customer must declare INKO in default in writing and give INKO an opportunity to deliver the printed material within a reasonable period of time. The customer understands and accepts that practical problems beyond INKO's control can lead to an order not being able to be delivered on time.  A delay in delivery by INKO shall not lead to compensation for damages or dissolution of the agreement.
    4. The customer must accept the ordered printed material from INKO at the agreed place and time. If a delivery cannot take place at the agreed place and/or the agreed time for a reason over which INKO has no control, INKO will offer the printed material to the customer a second time without charge. If the customer again does not pick up or collect the delivery, or if for some reason the delivery does not go through again, the printed material will be stored by INKO for a maximum of 30 calendar days. This storage is done at the expense and risk of the customer. If the customer has not collected the printed material after this period, it will be destroyed by INKO (however, the customer will still have to pay the invoiced amount).
    5. INKO is not obliged to keep copies or preparatory works (e.g. layout documents) of the printed material, or to transfer these to the customer.
     
  5. Checking and guarantee
    1. The customer is expected to check the printed material immediately upon delivery, including checking for possible defects in the delivery and the conformity between the delivery and the order. If the customer claims that the printed material does not meet the specifications or has defects and this is accepted by INKO, INKO will either replace the printed material and reprint the design, or offer the customer an appropriate compensation in proportion to the original price.
    2. If the printed material does not meet the specifications or shows defects and must be returned, INKO will be responsible for the return costs (the method of return will be determined by INKO). INKO will resume ownership of the printed material as soon as it has been replaced, or as soon as an appropriate compensation has been granted.
    3. Complaints from the customer regarding visible defects must be reported to INKO in writing and substantiated within eight (8) calendar days after receipt. Complaints regarding hidden defects must be reported to INKO in writing and substantiated by the customer within eight (8) calendar days after they have been discovered and in any event within three (3) months after receipt of the printed material. With a view to correct complaint handling, INKO can demand that the customer provides proof of the defects (for example photos or return of the entire order).
    4. Deviations of more than 5% of the format of the printed material delivered compared to the size of the order are considered to be a shortcoming in respect of INKO. Deviations in the quality and weight of the paper are permitted to the extent reasonable.
    5. If INKO determines that the returned printed material is free from defects and meets all specifications, the customer must pay the additional costs that transport (return) and handling entailed. That amount is in addition to the agreed price for the printed material.
    6. INKO has no warranty obligations if it appears that the printed material has not been used or stored as INKO had indicated.
    7. The warranty in this article is the only warranty offered by INKO. This guarantee can only be invoked by the customer himself (not by third parties such as partners, customers or employees of the customer).
     
  6. Prices and payment
    1. The customer will pay INKO the prices, fees, costs, and taxes as described on the website, in the order, in the confirmation or other documents (e.g. e-mails, invoices, etc.)
    2. All offers and quotations from INKO are without obligation until the moment the customer has placed an order, and this is expressly accepted by INKO.
    3. INKO may charge the customary costs related to packaging, sending or insuring the printed material to the customer if no specific price has been agreed for this, always provided that the costs charged correspond to the actual costs.
    4. INKO may adjust the agreed prices if INKO is confronted during the production process with cost increases by suppliers regarding raw materials or production costs.
    5. If changes are made to an already accepted assignment or the customer asks INKO to provide extra services that were not foreseen and additional costs arise from this, this is considered additional work. Additional work is understood to mean all work and materials not included in the quotation. Additional work will, in addition to the obligatory principal sum to be paid, be deducted from the prices, costs and expenses that are customary used by INKO to perform the extra work.
    6. INKO has the right to send invoices by email or via the platform. Payment by the customer is possible before or after receipt of the (online) invoice. Payment after receipt of the invoice may incur additional costs.
    7. The customer must pay his invoice within fourteen (14) days after the invoice date, unless agreed otherwise. If the payment term is exceeded, the customer is in default without INKO having to send a reminder or notice of default.
    8. In the event of overdue payment of invoices, INKO is authorized not to execute new orders at the expense and risk of the customer and to postpone the next delivery until all due invoices have been paid.
    9. In the event of disputes with regard to invoicing, the customer must inform INKO in writing within 7 calendar days after the invoice date, otherwise the invoice will be deemed to have been accepted. If only parts of an invoice are disputed, the uncontested parts must be paid within the normal payment term.
    10. Before an order is accepted by INKO or an agreement is entered into, INKO may request the advance payment of an invoice amount, or demand any other security.
    11. All payments are made as stated on the invoice: without deduction or set-off, and in euros. Consequently, the customer is not entitled to suspend payment obligations.
    12. If the payment term is exceeded, the Customer will owe INKO a default interest equal to the interest rate determined by the Law on Combating Late Payment in Trade Transactions, and a fixed compensation of 10% of the invoice amount until payment in full. Permitted discounts expire if the agreement is not respected. Any late payment by the customer makes all sums due immediately due and payable. INKO reserves the right to suspend, limit or terminate the agreement in the event of disputes, and overdue or late payments. If INKO must proceed with collecting outstanding amounts, all judicial and extrajudicial collection costs are to be paid by the customer.
    13. Each payment will be allocated on the oldest overdue invoice, and first on the interest and costs owed, even if the customer indicates that his payment relates to an invoice of a later date.
    14. If the financial situation of the customer changes, INKO has the right to change the payment conditions and/or to completely or partially dispense with the further execution of the agreement.
    15. In case of liquidation, bankruptcy, bankruptcy, judicial agreement or suspension of payments from/by the customer, all claims of INKO with regard to the customer will be immediately due and payable.
     
  7. Ownership and risk
    1. All printed material remains the property of INKO until the customer has fulfilled all obligations he has towards INKO, in particular the payment obligation. A retention of ownership applies in favor of INKO as long as the customer has not paid the relevant invoice for the printed material in full.
    2. The customer shall keep the printed material on which the retention of ownership by INKO rests, separate and identifiable. This means, among other things, that the printed material may not be alienated and/or encumbered.
    3. If the customer does not meet his payment obligations towards INKO or if INKO reasonably has a reasonable suspicion that the customer will not fully or partially meet his payment obligations, INKO can oblige the customer to return the printed material immediately and at his own expense.
     
  8. Obligations of the parties
    1. INKO shall use its best endeavours to execute every agreement properly and professionally according to the customs of the sector. For this purpose, INKO may engage third parties at its own discretion, if it deems this necessary for the correct execution of the agreement.
    2. The customer always guarantees that the necessary information provided by him is correct, complete, in accordance with the agreement, and delivered on time, even if it is supplied by third parties. The customer is exclusively responsible for this. If the customer does not comply with this obligation, INKO can suspend the execution of the agreement and charge the resulting costs to the customer according to the usual rates.
    3. If the customer does not provide the necessary information or fails to do so in time, or if he fails to fulfill his obligations in any other way, despite a written reminder from INKO, INKO may immediately terminate the agreement without any form of damage compensation or other compensation that is due.
    4. INKO is not liable for damage that arises because the customer provides incorrect or incomplete information.
    5. If the execution of the agreement is delayed for reasons that lie with the customer, the customer will compensate the damage that INKO incurs as a result.
    6. Only the customer and INKO are bound by this agreement. Other parties cannot derive any rights or obligations from this agreement. The parties are independent from each other. This agreement is not intended to place the parties in any other relationship.
     
  9. Liability
    1. A best effort commitment is concluded between INKO and the customer. INKO cannot guarantee that a specific result will be obtained, or that the services or the printed material will always be 100% error-free.
    2. INKO will not be liable for errors in services or printing, such as design errors, clerical errors, errors due to materials used, suppliers, or manufacturing companies, etc. In particular, INKO will not be liable for errors, delays or misunderstandings attributable to the customer (such as the late delivery of orders or data or the provision of unclear or incorrect data, including the provision of incorrect data). INKO will not be liable for any viruses, malware, etc. that might be installed through files or communications from INKO.
    3. INKO will not be liable for any fault (even gross fault) by itself or its appointees, except in case of fraud or bad faith.
    4. If INKO uses services or products from third-party suppliers, INKO does not accept any liability above or other than the liability that third-party suppliers accept for their services or products.
    5. The customer is solely responsible and liable for its use of the printed material and will indemnify, defend and indemnify INKO from possible claims, liabilities, damages and expenses (including legal costs) related to the use of the printed material by the Customer or caused by INKO relying on instructions, information or materials provided or approved by the customer.
    6. If INKO turns out to be liable for a shortcoming in the context of the agreement, a tort or any other legal basis, then that liability is always limited to the amount that is paid by INKO's insurance. If the insurance declines a claim, any liability by INKO is limited to the net invoice amount for the relevant assignment and the agreement or to have the services performed again, at the option of INKO. In that case, the maximum amount is € 1,000.00. 
    7. INKO is not liable for any form of direct damage, indirect damage, consequential damage or incidental damage (including loss of income, lost profit, missed savings, missed opportunities, goodwill or reputation, loss of data incl. accidental deletion, loss of opportunity, etc.) arising from this agreement and INKO's services, printing, or acts or omissions, regardless of circumstances and regardless of legal qualification (including contractual liability and tort).
    8. To institute a claim for damages, the customer must do so within ninety (90) days from the date of the event that underlies that claim. If this period is exceeded, the claimed damage is not eligible for compensation, unless the customer can prove that he could not report the damage earlier. If the customer or a third party has not filed a claim against INKO with the competent court within one year after the facts were known or should have been known to him, this claim will lapse.
    9. The customer will indemnify INKO against all claims from third parties with regard to the execution of the agreement that are attributable to the customer.
    10. If INKO has to use certain codes (such as barcodes or promo codes), it will be the responsibility of the customer to check whether these codes are correct and work optimally.
     
  10. Force majeure
    1. In case of force majeure, the parties are authorized, without judicial intervention, to suspend or dissolve the agreement in full or in part.
    2. INKO does not have to fulfill its obligations if it is prevented by force majeure, without this giving rise to compensation or a price reduction. The parties will always do their best to avoid force majeure.
    3. Force majeure means any event or circumstance that was not foreseeable at the time the agreement was entered into (or of which the consequences were not foreseeable) and which the customer cannot reasonably control. Examples of force majeure are: social strikes, business disruptions, interruptions in the production process, disruptions or defects in the internet, power outages, company occupation, force majeure of suppliers, cases of severe weather, war, terror, epidemics, etc.
    4. If force majeure occurs and INKO has partly fulfilled its obligations, or can only partly fulfill its obligations, it can invoice the already executed or executable part separately.
    5. Payment obligations cannot be suspended or canceled by force majeure.
     
  11. Termination of the Agreement
    1. INKO is, subject to all rights and remedies available to INKO as a result of this agreement or the law, also entitled to immediately terminate the agreement or a part thereof in writing if:
  • the customer fails to fulfill his obligations arising from the agreement, and subsequently does not repair the shortcoming within fourteen (14) days after written notice of default by INKO;
  • the customer ceases his activities, the customer dies or ceases to exist, the customer is placed under a trustee or trustee, a transfer takes place on behalf of the customer's creditors, the customer is seized, as a result of which the execution of the agreement is jeopardized or the customer no longer has a significant part of his assets, or there is an ongoing procedure regarding assets, bankruptcy, liquidation or judicial agreement with regard to the customer.

    2. The termination of the agreement by INKO based on this article will not affect INKO's liability towards the customer (or third parties). Upon termination of the agreement, any claim from INKO will be immediately due and payable by the customer.
     
  1. Copyright and other intellectual property rights
    1. All intellectual property rights arising solely from a customer's design, such as copyrights, trademark rights, design rights, and patent rights vested in designs, drawings, and sketches, remain the customer's property. In particular, these rights remain the property of the customer independent of INKO's services with regard to the printed material, and irrespective of whether INKO performs additional operations with regard to the printed material such as, for example, cutting and trimming.
    2. The customer guarantees to INKO that the design on which INKO performs its services does not infringe the rights (including intellectual property rights) of third parties. The customer will be solely responsible and liable for all damage and costs that would result from an infringement of the rights (including intellectual property rights) of third parties, and will indemnify and compensate INKO for such claims in full.
    3. If the customer uses any of INKO's services in function of its design, INKO has the right to keep the layout documents and copies thereof. INKO is not obliged to issue layout documents to the customer.
    4. If the customer calls on INKO to design the printed material (this does not concern existing designs of the customer), all intellectual property rights rest on the designs, images, drawings, models, images, photos, videos created by INKO, visuals, illustrations, logos, texts and text proposals, exclusively by INKO. This also applies when the customer provides input for improving the printed material designed by INKO.
    5. INKO does not guarantee that underlying rights or rights of third parties in or with regard to the printed material have been safeguarded, arranged or bought off (“cleared”). It is not part of INKO's duty to safeguard intellectual property rights of third parties, nor to investigate possible forms of protection for the customer. If no explicit 'release' is presented, then there is no release for underlying rights and such rights are not safeguarded.
     
  2. Confidentiality
    1. Both INKO and the customer have an obligation to keep confidential all information received from each other if it concerns information that they know or should know is confidential.
    2. The parties will not share the confidential information they have with third parties. This information is only shared with the company's own staff if this is necessary for the execution of the agreement and provided that they observe the same confidentiality obligations. In particular, the parties undertake to keep secret all commercial, technical and financial information and trade secrets they learn from the other party, even after the termination of this agreement, and to use them only for the execution of this agreement.
     
  3. Processing of personal data

INKO will protect all personal data that it may process in accordance with privacy legislation, including the General Data Protection Regulation (GDPR) and the Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data. The personal data that INKO can process are names, addresses and contact details (email address, telephone number, etc.) as stated on the 'business cards' that will be printed and as necessary for the purpose of 'customer management'. The persons concerned have a right of access and correction with regard to their data.
For more information, the customer can consult the Privacy Policy of INKO here.
 

  1. Other
    1. Unless INKO has explicitly agreed to this in writing, the customer may not transfer any rights and obligations arising from this agreement to third parties. In the event of a takeover or merger of a party, this agreement will automatically transfer to the acquirer or the new entity and the obligations entered into will remain in effect.
    2. These conditions between the customer and INKO may only be deviated from if INKO has explicitly accepted this in writing. In addition, the agreed deviations only apply to the specific agreement for which they have been agreed. If written provisions in the specific agreement and provisions in these terms and conditions conflict, then the provisions in the specific agreement will always take precedence.
    3. The nullity of a provision in these general terms and conditions does not mean that the other provisions are null and void. INKO and the customer will mutually replace invalid provisions with valid provisions, with respect for the underlying purpose of the original provision.
    4. According to circumstances, INKO can change its conditions. Changed conditions apply to new orders as soon as they are published on our website. For existing orders, of course, the conditions that the customer accepted when he gave INKO the order continue to apply. If there are major changes, INKO tries to inform the customer as efficiently as possible, for example via the email address that he has communicated.
    5. Belgian law applies to all agreements concluded with INKO (excluding other legal systems and excluding the application of the United Nations Vienna Sales Convention).
    7. Only the competent Courts in Mechelen are authorized to judge possible disputes in connection with these general terms and conditions.