1.1. The identification details of INKCOMING NV, hereinafter referred to as “the Seller”, are as follows Avenue Reine Astrid, 92, 1310 La Hulpe; info@ionnyk.com / BCE and VAT: BE0729.562.833

1.2. These general terms and conditions of sale (hereinafter referred to as “GTCS”) are the only ones applicable between the parties to the exclusion of any other condition, reservation, restriction or clause emanating from the Buyer, unless expressly accepted in writing by the Seller.

1.3. The use of the application implies acceptance of its specific conditions of use, which are cumulative with these GTC.

1.4. The term “Buyer” means any natural person, company or corporation on whose behalf an IONNYK Frame has been purchased from the Seller.

1.5. The term “IONNYK Frame” refers to the digital frame and its accessories displaying the Works with the appearance of a physical print, using electronic paper. The Frame is available in different formats and works in combination with the Application.

1.6. The term “Order” refers to each order placed remotely on the Seller’s website by a Buyer with a view to purchasing an IONNYK Frame, subscribing to a subscription or purchasing a limited edition Work.

1.7. The term “Delivery” means the physical delivery of the IONNYK Frame to the Buyer and/or the digital delivery of the works in digital editions to the Buyer’s virtual safe, and their possible accessories.

1.8. The term “Website” refers to the Seller’s website: www.ionnyk.com

1.9. The term “Work(s)” refers to the digital file(s) that allow a photograph to be distributed through the IONNYK Framework and the Application. The Works are listed in different catalogues (Free Subscription and Paid Subscription) or can be purchased individually as Limited Editions.

1.10. The term “Application” means the IONNYK computer program published by the Seller, freely downloadable on iOS and Android, developed to be installed on mobile devices (smartphones and tablets) and executable from the operating system of a mobile terminal and allowing to operate and manage the IONNYK Framework;

1.11. The term “Free Subscription” means access to a catalogue containing 10 to 20 Works found on the Application and provided free of charge with the acquisition of the IONNYK Frame;

1.12. The term “Paid Subscription” refers to access to a regularly updated catalogue of Works in return for payment of a monthly fee;

1.13. The term “Limited Edition(s)” refers to Works created by artists and made available exclusively on the Application in limited digital editions numbered from #1 to #300 maximum and which can be purchased by the Buyer individually and for a price not covered by the Paid Subscription. The Limited Edition is accompanied by a certificate of authenticity.

2.1. Any Order or purchase placed or sent to the Seller necessarily implies, as an essential and determining condition, the Buyer’s unreserved acceptance of these GTC. These general terms and conditions form an integral part of the contract with the Buyer. The GTC are communicated to the Buyer before the conclusion of the sale and are freely downloadable via the Website. The Buyer acknowledges that he/she has read the GTC and agrees to them.

2.2 In the event of a translation of the GTC, the French version shall always be considered the official version which shall prevail over the translations.

2.3. These General Terms and Conditions of Sale are to be read in conjunction with the general terms and conditions of use of the Application.

3.1. The prices mentioned on the Seller’s website, in shop and on the Application are indicated inclusive of all taxes.

3.2. The prices displayed do not include any delivery or payment costs, which are mentioned separately.

3.3. At the time of finalising the Order, the Buyer has been informed of the main characteristics of the IONNYK Frame, the total price including all taxes and including delivery and payment costs, the terms of payment and delivery as well as the delivery date of the IONNYK Frame by means of a summary e-mail sent to the e-mail address provided by the Buyer.

3.4. Unless otherwise agreed, the IONNYK frame shall only be delivered after full payment of the price. The transfer of ownership and the transfer of risk shall take place upon full payment of the price.

3.5. Unless specifically agreed otherwise, Delivery shall be made to a shop or to the address provided by the Buyer if the Buyer places an Order.

3.6. Unless otherwise provided for by law, in particular with regard to formal notice, any invoice that remains unpaid on its due date shall auto

3.7. In addition, the payment due will be increased by right, by an indemnity of 15% with a minimum of 25 € as a fixed and irreducible penalty clause without prejudice to any other damages that may be due.

4.1. All IONNYK Frames offered by the Seller as well as their main characteristics are described in good faith and as faithfully as possible by means of technical data sheets in the shop, on the Seller’s Website and on the Application. Any images of IONNYK Frames are not contractually binding. The Seller declines all responsibility for any errors that may appear in the descriptions of the Frames.

5.1. If the contract for the purchase of the IONNYK frame is made at the Seller’s business premises, the Buyer has no right of withdrawal.

5.2 In the case of sales outside the Seller’s business premises or at a distance to Buyers who are consumers within the meaning of Article I.1 .2° of the Code of Economic Law (hereinafter “CEL”), pursuant to Book VI, Title 3 of the CEL, the consumer Buyer has the right to notify the Seller that he/she renounces the purchase or subscription, without penalty and without giving any reason, within 14 calendar days from the day following the day of delivery of the IONNYK Frame or the beginning of the subscription. This is his right of withdrawal. However, the consumer does not have the right of withdrawal if he has ordered a version of the IONNYK Frame according to his own specifications and/or clearly personalised. This right of withdrawal does not apply to the professional buyer. Notification of withdrawal must be made using the return form available on the following website: https://economie.fgov.be/sites/default/files/Files/Ventes/Forms/Formulaire-de-retractation.pdf. The right of withdrawal of the consumer Buyer is subject to the return of the entire delivery within 14 working days from the sending of the aforementioned form. The returned IONNYK Frames must be sent in their original condition, in their original packaging and in perfect condition. After the 14-day period, the Seller will no longer be able to accept the return and may send it back to the sender. The return will be made to the address given by the Seller. All shipping costs related to the return are at the expense of the consumer Buyer. The reimbursement of the Order will take place within 14 days of the receipt of the Frames by the Seller, provided that all return procedures have been strictly respected. The amount refunded shall in any case be limited to the amount actually paid by the Buyer Consumer.

6.1. The IONNYK Frame is designed to work exclusively in combination with the Application in accordance with the user manual. It is strictly forbidden to hack or otherwise tamper with the IONNYK Framework to use it for other purposes.

6.2. The purchase of an IONNYK Frame does not entail any transfer of copyright or any other intellectual property rights to the IONNYK Frame and/or the Works displayed therein to the Buyer, unless specifically agreed between the parties.

6.3. The Seller reserves the right to take legal action against any person, Buyer or third party, who violates this provision before the courts and tribunals.

7.1. The Seller warrants the IONNYK Frame and its accessories for one year from the date of initial purchase against visible or invisible material defects, technical and electronic defects, battery defects and workmanship defects that would not allow normal use of the IONNYK Frame. The Buyer is obliged to inform the Seller of the existence of the lack of conformity within one month from the day following the date of delivery of the IONNYK Frame.

7.2. By way of derogation from the previous point, this guarantee is for two years with regard to the consumer pursuant to Article 1649quater of the Civil Code.

7.3. IONNYK Frames are excluded from the warranty if the damage is caused intentionally or as a result of negligence on the part of the Buyer (breakage, damage by moisture, liquid ingress, electrical surge, fire, etc.). This warranty shall also not apply if the damage is the result of normal wear and tear, transport or misuse of the IONNYK Frame. The use of the IONNYK Frame in combination with an application or information program other than the Application, or failure to follow the instructions in the user manual supplied with the Frame, shall constitute misuse of the IONNYK Frame. Misuse of the IONNYK Frame shall be deemed to be disregarding the instructions in the user manual provided with the frame.

8.1. The Seller shall not be liable for any damage resulting from faulty workmanship, interference with medical devices or misuse of IONNYK Frames.

8.2. In the case of distance selling, the Seller shall have the right to delay the date of Delivery or to cancel any Order without liability if such delay or cancellation is due to an unforeseeable, insurmountable and uncontrollable cause and, including but not limited to, natural disasters, epidemics, war, requisition, fire, flood, industrial accidents, interruption or delay in transport, lock-out, strike or industrial dispute of the Seller, the Buyer or a third party, interruption or difficulties in exporting decreed by the government of the country of origin or possible import restrictions decreed by the government of the country of destination. This does not give rise to any claim for damages on the part of the Buyer.

9.1. The annulment and/or invalidity and/or possible illegality of one of the clauses of these general terms and conditions of sale shall not affect the validity of the other clauses, and the annulled provision shall be replaced by the general law or, in the case of a Consumer Buyer within the meaning of the Code of Economic Law, by the provisions applicable to this type of sale.

10.1. These general terms and conditions of sale and any special terms and conditions of sale are subject to Belgian law.

10.2. In the event of a dispute concerning all or part of these terms and conditions of sale, as well as those that may arise from the conclusion, execution and all subsequent aspects of any Order and/or purchase, jurisdiction is assigned to the French-speaking courts of the Seller’s registered office, ruling under Belgian law.

11.1. The Seller is responsible for the processing of personal data collected through its Website and Application during and following the purchase of an IONNYK Frame.

11.2 This data shall not be transmitted to third parties, with the exception of any technical subcontractors, such as its host, service provider or a banking institution in the context of a secure payment. The Seller processes the Buyer’s personal data in order to meet the necessary requirements of the Order, customer management, human resources management, statistics and for promotions in the context of direct marketing if the Buyer agrees to the communication of newsletters.

11.3. Data is collected on the basis of the data subject’s consent (opt in) for marketing purposes and can be withdrawn at any time upon request. Data is also collected for contractual purposes (purchase and implementation of the Order) between the parties. In accordance with the regulations in force, as a natural person, the Buyer has the right to access his/her personal data, to correct them, to request their deletion, to limit their processing and to object to their processing for direct marketing purposes. The Buyer also has the right to the portability of his data, i.e. that they be communicated in a common structured format. The exercise of these rights is free of charge. If necessary, the Buyer may send a request to exercise one or other of his rights or report a difficulty or problem concerning his data: by e-mail: info@ionnyk.com, by post to be sent to SA INKCOMING, Avenue Reine Astrid, 92, 1310 La Hulpe, Belgium. The Buyer also has the right to lodge a complaint with the Data Protection Authority (https://www.autoriteprotectiondonnees.be/citoyen/agir/introduire-une-plainte). The personal data collected will only be kept for the time necessary to meet the purposes indicated or to comply with the legal obligations of the Seller.

11.4. Within the limits set out above, the Seller is therefore authorised to store and process the personal data that the Buyer has previously communicated to it.

Tel: +32470195607 Mail: info@ionnyk.com Web: https://www.ionnyk.com — Designed by Inkcoming S.A. VAT: BE0729562833 IBAN: BE83001865486115