Terms and Conditions of Sale
I. General. Scope of Implementation.
The following terms and conditions regulate use of this website inkpres.com, URL www.inkpres.com, belonging to Inkpres Beermat Factory S.L. (henceforth “inkpres.com” or “we”), with address at C. Rambla de Catalunya, 38, 8º 1ª, 08007 Barcelona (Spain), and ID number (VAT) ESB-67576371.
In the following document we shall refer to:
· The User as “you”. The User is the natural person accessing the page to obtain information and hire services made available by inkpres.com.
· Inkpres as “we”, or “inkpres.com”.
Before completing your purchase, it is compulsory for you to read and understand these general terms and conditions as well as the specific information and conditions of the product and the service you wish to procure. You must accept these by clicking on the box “I have read and accept the general terms & conditions” which will appear throughout the purchase. We reserve the right to make changes at any time on our website as well as these terms and conditions. Changes made to essential items will not affect previously stipulated contract unless you have expressly accepted the modified terms and conditions.
It is understood that you claim to be 18 years old or over, and that you comprehend and understand general terms and conditions in their entirety.
You assume responsibility for economic consequences resulting from any use of our webpage including incorrect use of passwords which may be carried out by yourself or a non-authorised third party, avoiding non-authorised third parties accessing personal data that only you should know, such as a possible username or your credit card data.
In compliance with article 27 of Law 34/2002 of 11 July concerning Services of the Information Society and E-commerce, it is manifested that:
1. E-documents by which you complete your purchase will be stored for 1 year from the moment of purchase.
2. The buyer, or another authorised reliable person, may have access to the documents signed by said buyer by sending a request to the following email: info@inkpres.com
II. Prices
1. Prices offered by the contracted party remain valid while the order information does not vary or at the most a week from the time the offer is accessed by the purchaser. In orders with delivery to third parties, the person placing the order will be considered the purchaser.
2. Prices do NOT include VAT, which is currently 21%. Insurance, special packaging, shipping costs and special rates are not included in the price.
3. Subsequent changes on the purchaser’s behalf, including the stopping of machinery that this may entail, will also be paid for by the purchaser.
4. Prices are valid at the time of order placement. Information concerning cut-off dates on limited offers may be found in the same place the offer is advertised.
5. Drafts, sketches, test prints, test plates, print tests, changes caused by the purchaser in the supplied documents and preliminary style work will all be charged. This also includes transfer of data.
III. Comunication
1. Clients must submit at least one email address, at the latest on ordering the goods, and guarantee that it will remain active until delivery.
2. Clients must guarantee they can receive Inkpres mails, ensuring spam filters do not interfere and bearing in mind the settings of the mail user agent (MUA) in use (both their own and that of the provider). Unless indicated differently, this email will be used for future orders.
3. Any notification sent by Inkpres to the email provided (see paragraph 1) is assumed to have been received by the client. Inkpres only assumes responsibility for problems that emerge within the limits of Inkpres. Clients will be informed if, for reasons beyond their power, a notification sent to them has not been received.
4. Inkpres is not obliged to warn the client concerning wrong, inoperative or inexistent email addresses. Notwithstanding, clients are allowed to present proof that receipt of messages would have been technically possible.
IV. Contract Termination
1. A binding offer is established once a client places an order.
2. Inkpres reserves the right to refuse orders or terminate contracts already in place without prior warning should any inappropriate content be found amongst the files (e.g. pornographic, fascist, radical or in any way a violation of the Spanish Constitution).
3. Once the contract has ended, the client has no right to make changes to the order. Any changes made thenceforth will involve the termination of the first contract, a new contract to be drawn up and files to be sent. Inkpres reserve the right to refuse this offer. If Inkpres should accept, this may entail repayment of costs caused by the change. The client will be notified throughout the course of the change.
V. Files for Printing: Proofing Obligations
1. Inkpres prints all orders working exclusively from the files to print submitted by the purchaser. These files must be submitted exclusively in accordance with the formats and explicit specifications as described in the section ‘File Submission’. If the format of the documents or other specifications present variations, we cannot guarantee an error-free product.
2. Clients are obliged to carefully examine the files submitted to print and check that they are ready for printing before submitting them to Inkpres. Inkpres will check whether they comply with the specified aspects found in Customer Attention in ‘File Submission’. If the files contain any errors, the client will be informed. In these cases, clients must allow Inkpres to modify the files in terms of printing capacity, send files to print without errors or print files with errors (client cooperation). If the defects in the files lead to extra expenses, these must be assumed by the client.
3. Clients assume responsibility for defects in printing caused by sending the wrong files. On express demand and providing it is technically possible, other formats outside those specified in ‘File Submission’ can be processed. Inkpres will not assume responsibility or expense if errors arise on converting the files to print into other formats. Clients assume responsibility for the risk this conversion may entail.
4. If the files are not sent in CMYK, Inkpres is authorised to convert them. The responsibility for variation in colours will be assumed by the client. On sending the files in any printing format other than CMYK, clients expressly assume responsibility for the risks the conversion may involve.
VI. Terms of Payment
Payment must take place immediately on receiving confirmation of your order via the means offered by Inkpres. The bill will be issued the same day as delivery, delivery report, or delivery arrangements (claims, delayed collection). Interests and expenses occasioned by the methods of payment will be financed by the client and must be paid immediately.
VII. Commercial Supplies
1. From the moment the merchandise is delivered, i.e., when the order is placed in the care of the carrier, risk of loss or damage are the client’s responsibility.
2. Delivery time is estimated once the payment has been issued to the server’s account or, if paying by cheque, upon receiving documentation at our address. If these terms of payment are met before 11.00 am, the delivery time will be estimated that same day, providing it is a working day. All other instances will be calculated on the following day. Estimated delivery time is calculated in terms of working or business days from Monday to Friday. A specific delivery time will only be valid if confirmed in writing by the Contractor.
3. Delivery disruption or delay– occasioned by either Inkpres or the carrier – due to instances such as strikes, lockouts or force majeure, are grounds for the termination of the contract if the client is not able to wait for the merchandise. Otherwise, delivery time will be extended while delays continue. Termination is, notwithstanding, only available four weeks from the start of the disruption. In these situations, Inkpres will not assume responsibility.
4. Inkpres has according to Spanish Law, the right to retain printing templates, stamps, manuscripts, primary materials and other articles sent by the client until full contract completion.
5. Inkpres delivers to the whole of Spain except for Gibraltar, Canary Islands, Ceuta and Melilla. It is not possible to send orders to post office boxes.
6. Clients submitting ID numbers (NIF or CIF) explicitly authorise this number to be used for this a future orders. This number will remain valid until in writing, before the Contractor, the client indicates this number is no longer to be used.
VIII. Title Retention
1. Ownership of merchandise belongs to Inkpres until payment is fulfilled. If outsourcing is necessary, Inkpres also retain all their rights, including future ones, arising from the business relationship. Resale is authorised only if conducted according to acting legislation.
2. On developing or modifying sent merchandise and in accordance with acting legislation, Inkpres is considered to be the producer and owner of the product. In the case of involving third parties in the development or modification, Inkpres is limited to a proportionate share of ownership amounting to the product reservation invoice value. Property thus acquired is considered reserved property.
IX. Claims and Guarantees
1. Clients must immediately check the merchandise and its accordance to conditions stated in the contract. On delivery and confirmation the merchandise is ready for printing (see ‘File Submission’ for further information if notified by Inkpres that files that do not fit template requirements) clients accept risk of error, unless these errors happen during preparation processes or are only discovered on completion. The same applies to any other printing authorisation issued by the client.
2. Clients have 48h from the moment they collect the merchandise to inform in writing of any defects; to the contrary, all claims and guarantees will be forsaken.
3. No claims will be processed if errors are due to clients not taking into account the condition of the files for printing. This is with special regards to files using RGB colours, files in which the resolution is too low or formats not included in our conditions. Minimal variation will not be counted as an error. This also concerns colour variation from orders previously printed by Inkpres.
4. In the event of proper claims, Inkpres is obliged and has the facilities to improve or replace the order at choice. In the event that Inkpres does not comply with this obligation within a reasonable period of time or that the improvement does not prove satisfactory on retry, the client may demand a reduction in the price (Reduction) or invalidate the contract (Termination).
5. In the event that only one of the articles sent proves to be defected, this will not be grounds for issuing a claim for the entire delivery.
6. Claims cannot be made on variations from the original occurring throughout development in colour reproductions. The same applies to comparison of other documents (e.g.: digital proof or copies) with the end product. On the other hand, responsibility for errors that do not, or only minimally, affect value or utility will not be assumed.
7. In the event of deviation of material used, Inkpres is only liable for a sum not exceeding the value of the order.
8. Data sent and any other additional information sent by clients or users do not require any verification on the part of Inkpres. This does not apply to documentation that is clearly illegible or susceptible to prosecution. Before sending data, clients should consider use of updated antivirus and protective software. Data safety is the responsibility of clients. Inkpres reserves the right to make copies.
X. Liability
1. Client compensation rights are excluded, disregarding legal proceedings.
2. This exclusion of liability will not be valid:
a) In the event of damage with intent or gross negligence.
b) In the event of minor negligence with regards to the core obligations of the contract, or on the part of legal representatives or auxiliary executives. In this case liability will extend only to foreseeable damage concerning the product.
c) In the event of causing damage that may endanger the client’s life, body or health.
d) In the event of hidden defects either intentional or via the guarantee based on the quality of the article.
e) In the event of infringement of Law 22/1994 concerning liability for defective products.
In the event of Inkpres terminating the contract due to lack of collaboration on part of the client, particularly if the client does not supply documents without flaws (see section VI), the client will be obliged to pay a 20% of the agreed price in compensation to Inkpres. The compensation must also be paid if the client cancels the contract under the circumstances stated in section XI after the cancelation period has ended.
3. The client has the right to review proof of Inkpres expenses or damages that may have taken place, at least to that extent.
XI. Contract Waiver
Contracts can be cancelled at any point prior to manufacture. Should any client cancel or waive the contract after receiving order confirmation, they will be obliged to pay compensation in accordance with section X, subsection 2, of these
Terms and Conditions of Sale. They will also have to cover the costs of all completed services, e.g. data management, print tests, prints and later productions.
XII. Limitation Period
The right to a guarantee and client compensation (see sections IX and X) expires one month following the delivery of merchandise, with the exceptions specified in section X, subsection 2, on the right to damage claims. This does not apply to situations where Inkpres may have acted in bad faith. This does not affect contracts with consumers and users to the purposes of Royal Decree 1/2007 of 16 December approving the consolidated General Law for the Protection of Consumers and Users and other complementary laws, where the limitation periods are defined by the corresponding acting laws.
XIII. Trade Customs and Practice
In commercial relationships, graphic industry trade customs and practice will be applied (e.g. there is no obligation to restore or return intermediary products such as data, lithographs, printing plates that may be used in the manufacturing of the end product), unless accorded differently.
XIV. Product Storage
Products belonging to clients, especially data and data support, will be stored by Inkpres, for clients or their employees, only following explicit agreement and pre-payment of a supplement following delivery of the end product. If the indicated articles need to be insured, the client must procure insurance due to absence of agreement.
XV. Intellectual Property Rights
Clients are responsible at all times if, on placing their order, third party rights are violated, especially copyright. Clients must excuse Inkpres from all third party rights in the event of these offenses.
XVI. Area, jurisdiction, data protection, validity and final conditions
1. United Nations Convention on Contracts for the International Sale of Goods does not apply.
2. Inkpres headquarters are in Barcelona, Spain. Area and jurisdiction apply to the home address of Inkpres in the event of contractual conflicts. Inkpres has the right to keep and use data and information acquired through the contract according to Organic Law 15/1999 of 13 December on the Protection of Personal Data.
3. Any clauses included in the present Terms and Conditions of Sale that may be declared totally or partially invalid, said invalidity will solely affect that specific clause or the conflicting part of the clause without rendering the rest invalid. The contracting parties will endeavour to replace the invalid clause in its entirety or in part in accordance with suitable regulations –where possible- as similar as possible to the contracting parties’ intentions had they considered its invalidity. The same applies to omissions.
XVIII. Data
In accordance with Organic Law 15/1999 of 13 December on the Protection of Personal Data, name and address of clients, as well as all data necessary for the order to take place, will be stored in automated files.
Date: January 2020
