Terms & Conditions

Article 1 – Definitions

In these terms, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise the right of withdrawal.
Consumer: a natural person who is not acting in the course of a profession or business and who concludes a distance contract with the trader.
Day: calendar day.
Duration transaction: a distance contract relating to a series of products and/or services, for which the obligation of delivery and/or purchase is spread over time.
Durable medium: any means that enables the consumer or the trader to store information addressed personally to them in a way that allows for future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.
Trader: a natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: a contract concluded within the framework of a system organized by the trader for distance selling of products and/or services, whereby up to and including the moment the contract is concluded, exclusive use is made of one or more means of distance communication.
Means of distance communication: means that can be used for concluding a contract without the consumer and the trader being together in the same room at the same time.
General Terms and Conditions: the present general terms of the trader.

Article 2 – Trader’s Identity

Company name: MNA Commerce
Trade name: Inkspirely.com
Organization number: 96364548
VAT number: NL005206786B87
Customer service email: admin@inkspirely.com
Business address: Keurenplain 41, Box A2932, 1069CD Amsterdam

Article 3 – Applicability

These General Terms and Conditions apply to every offer from the trader and to every distance contract and order concluded between the trader and the consumer.

Before a distance contract is concluded, the text of these General Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, prior to concluding the distance contract it shall be indicated that the General Terms and Conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer upon request as soon as possible.

If the distance contract is concluded electronically, then, notwithstanding the previous paragraph, the text of these General Terms and Conditions may be provided to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, prior to concluding the distance contract it shall be indicated where the General Terms and Conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.

If specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply mutatis mutandis and, in case of conflicting conditions, the consumer can always rely on the provision that is most favorable to them.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the contract and these terms shall otherwise remain in force and the relevant provision shall be replaced without delay by mutual agreement with a provision that most closely reflects the intent of the original provision.

Situations not covered by these General Terms and Conditions shall be assessed “in the spirit” of these terms.

Ambiguities about the interpretation of or content in one or more provisions of these General Terms and Conditions shall be interpreted “in the spirit” of these terms.

Article 4 – The Offer

If an offer has a limited validity period or is made subject to conditions, this shall be explicitly stated in the offer.

The offer is non-binding. The trader is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the trader.

All images, specifications and data in the offer are for guidance and cannot be a reason for compensation or dissolution of the contract.

Images accompanying products are a truthful representation of the products offered. The trader cannot guarantee that the colors displayed will correspond exactly to the actual colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are attached to acceptance of the offer. This includes in particular:

the price excluding customs clearance fees and import VAT. These additional costs are for the customer’s account and risk. The postal and/or courier service will apply the special scheme for postal and courier services for imports. This scheme applies if the goods are imported into the EU destination country, which is the case here. The postal and/or courier service will collect VAT (whether together with clearance fees or not) from the recipient of the goods;
any shipping costs;
the manner in which the contract will be concluded and which actions are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for accepting the offer, or the period within which the trader guarantees the price;
the amount of the tariff for distance communication if the costs of using the means of distance communication are calculated on a different basis than the regular base rate;
whether the contract will be archived after conclusion and, if so, how it can be accessed by the consumer;
the manner in which the consumer, before concluding the contract, can check the information provided under the contract and, if desired, correct it;
any languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the trader has subscribed and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a duration transaction.

Optional: available sizes, colors, type of material.

Article 5 – The Contract

Subject to the provisions of Article 4, the contract is concluded at the moment the consumer accepts the offer and fulfills the conditions stipulated therein.

If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.

If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a safe web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.

Within the limits of the law, the trader may obtain information about whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsible conclusion of the distance contract. If, based on this investigation, the trader has good grounds not to conclude the contract, the trader is entitled to refuse an order or application or to attach special conditions to the performance, stating reasons.

The trader shall include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

the visiting address of the trader’s business where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales service;
the data included in Article 4(3) of these terms, unless the trader has already provided this information to the consumer before performance of the contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

Each contract is concluded subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 14 days. This cooling-off period starts on the day after the consumer, or a representative previously designated by the consumer and made known to the trader, has received the product.

During the cooling-off period the consumer shall handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If exercising the right of withdrawal, the consumer shall return the product with all supplied accessories and—if reasonably possible—in the original condition and packaging, in accordance with reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise the right of withdrawal, they are obliged to inform the trader within 14 days of receipt of the product. The consumer must notify this by written notice/email. After the consumer has notified that they wish to exercise the right of withdrawal, they must return the item within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of a proof of dispatch.

If the customer has not expressed the wish to use the right of withdrawal or has not returned the product to the trader after expiry of the periods referred to in the previous two paragraphs, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the trader or that conclusive evidence of complete return can be provided.

Article 8 – Exclusion of Right of Withdrawal

The trader may exclude the consumer’s right of withdrawal for products described in paragraphs 2 and 3. Exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, at least in good time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

that are made by the trader according to the consumer’s specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
whose price is subject to fluctuations on the financial market over which the trader has no influence;
individual newspapers and magazines;
audio and video recordings and computer software whose seals have been broken by the consumer;
hygiene products whose seals have been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
whose performance has begun with the consumer’s express consent before the cooling-off period has expired;
betting and lotteries.

Article 9 – Price

During the period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the trader’s control, at variable prices. This link to fluctuations and the fact that any indicated prices are target prices shall be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated it and:

they result from statutory regulations or provisions, or
the consumer has the right to terminate the contract from the day on which the price increase takes effect.

Under Section 5.1 of the Turnover Tax Act 1968, the place of supply is the country where the transport begins. In this case, delivery takes place outside the EU. Thereafter, the postal or courier company will collect import VAT or clearance charges from the customer. Consequently, no VAT will be charged by the trader.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of such errors, the trader is not obliged to deliver the product at the erroneous price.

Article 10 – Conformity and Warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the contract is concluded. If agreed, the trader also guarantees that the product is suitable for a use other than normal use.

A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the contract.

Any defective or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Products must be returned in the original packaging and in new condition.

The trader’s warranty period is equal to the manufacturer’s warranty period. However, the trader is never responsible for the products’ ultimate suitability for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by a third party;
the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the trader’s instructions and/or those on the packaging;
the defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The trader will take the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has made known to the company.

Subject to what is stated in Article 4 of these terms, the company shall execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot be carried out or can only be carried out partially, the consumer will be informed of this no later than 30 days after the order was placed. In such case, the consumer has the right to dissolve the contract without costs and is entitled to possible compensation.

In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the trader will make an effort to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly reported that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the trader.

The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative previously designated and made known to the trader, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination and Renewal

Termination

The consumer may at any time terminate a contract of indefinite duration that has been concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract that has been concluded for the regular supply of products (including electricity) or services at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period not exceeding one month.

The consumer may terminate the contracts referred to in the previous paragraphs:

at any time and not be limited to termination at a specific time or in a specific period;
at least in the same manner as they were entered into by the consumer;
always with the same notice period as the trader has stipulated for themselves.

Renewal

A fixed-term contract that has been concluded for the regular supply of goods (including electricity) or services may not be tacitly extended or renewed for a fixed period.

Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, if the consumer can terminate the extended contract towards the end of the extension with a notice period not exceeding one month.

A fixed-term contract concluded for the regular supply of goods or services may only be tacitly renewed for an indefinite period if the consumer may terminate the contract at any time with a notice period not exceeding one month and a notice period not exceeding three months if the contract concerns the regular supply of daily or weekly newspapers and magazines, but less than once a month.

A fixed-term introductory contract for the regular supply of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period referred to in Article 6(1). For a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.

The consumer is obliged to report inaccuracies in payment data provided or stated to the trader without delay.

In the event of non-payment by the consumer, the trader has the right, subject to legal limitations, to charge the consumer reasonable costs made known in advance.

Article 14 – Complaints Procedure

Complaints about the performance of the contract must be submitted to the trader within 7 days, fully and clearly described, after the consumer has identified the defects.

Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.

A complaint does not suspend the trader’s obligations unless the trader indicates otherwise in writing.

If the trader finds a complaint well-founded, the trader will, at their option, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the trader and the consumer to which these General Terms and Conditions relate are exclusively governed by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to the measures introduced and tightened as of 2024 regarding the “Amendment to the Turnover Tax Act 1968 (Payments Service Providers Directive Implementation Act)” and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may record data in the European CESOP system.