1. Validity
The following general terms and conditions (hereinafter "GTC") apply to all legal transactions and services, in particular tattoos, which Peter Pfand provides as a contractor to clients or has its own employees or subcontractors provide.
All agreements made between the client and the contractor with regard to the provision of services must be agreed in writing. Changes, additions, deviations and ancillary agreements require a separate agreement in writing to be effective.
2. Provision of services
The contractor provides the service according to the usual standards of the tattoo industry. The client will be informed in advance of the risks during the consultation and information session, in particular that allergic and inflammatory skin reactions could occur.
The service will only be provided by the contractor if the following conditions are met:
- In principle, the contractor only provides services to clients who have reached the age of 18. The contractor is therefore entitled to request the presentation of a valid identity card as proof.
- The client does not appear under the influence of alcohol, narcotics or similar at the agreed time of performance.
- The customer is not pregnant.
- The client does not suffer from any known allergies to the ingredients of the tattoo ink or other tattoo media.
- The client does not take any medication, in particular anticoagulant medication or other medication that makes tattooing significantly more difficult or even impossible.
- The client does not suffer from any diseases that exclude the provision of services, in particular HIV, hepatitis, epilepsy or similar.
- The client appears at the agreed time with cleaned skin surfaces.
- The motif of a tattoo desired by the customer does not contain any political or otherwise offensive, morally or morally unacceptable statement.
- On the agreed date of performance, there are no circumstances that make it impossible to provide the service, in particular the state of health of the client is not a cause for concern.
- The client did not use any surface anesthetics that had not been agreed.
- The client's state of mind or maturity does not indicate that the scope or importance of the service provision is not grasped.
- The contractor expressly points out that tattooing is associated with pain; a tattoo can deviate from the coordinated template with regard to the color design, in particular due to the individual nature of the client's skin; the motif can run during the healing process; natural skin aging can subsequently influence the result.
These deviations do not constitute a defect.
3. Customer's rights and obligations
The client is obliged to inform the contractor of possible allergies (in particular known allergies to the ingredients of the tattoo ink or other tattoo media), medication intake (in particular anticoagulant or other medication) that make tattooing significantly more difficult or even rule it out, as well as all illnesses that are relevant to the provision of services be informed (in particular HIV, hepatitis, epilepsy or similar).
The client can bring a tattoo motif of his choice as a template. However, the contractor reserves the right to reject the motif, especially in the cases of Section 2 Paragraph 10, and to change the motif or the template in consultation with the client. Alternatively, the customer can have an individual drawing created as a draft by the contractor.
The client is obliged to release the selected position, the size and, if necessary, the spelling and written form and type again before the service is provided.
The client undertakes to comply with the care instructions given to him and other instructions on hygiene and care of the tattoo given by the contractor until the tattoo has completely healed. The client also undertakes - in addition to the verbal explanations given during the consultation and information session - also on the website www.holynailtattoo.com accessible information and information available on the business premises must be taken into account.
4. Prices, terms of payment, due date, down payment, flat-rate damages
Tattoos:
The prices are calculated according to effort and individual agreement. The prices include a consultation/information meeting, the creation of the template, the engraving of the tattoo and any re-engraving work taking into account number 6.
The prices for the provision of services stated at the first meeting are not binding and are to be understood as a rough estimate, unless a fixed price has already been agreed in writing in advance. Fixed prices can only be agreed with the contractor or a representative named by him. Factors that only become known shortly before, during or after the tattooing (e.g. reaction of the client's skin, pain tolerance of the client, etc.) are included in the pricing. For larger projects that consist of several follow-up appointments, only a maximum price per appointment is agreed as a fixed price, but not a total price for all appointments.
If the tattoo is changed after the start of the service at the request of the client, a new price agreement between the client and the contractor is necessary.
In the case of binding appointments for a tattoo, a down payment is due immediately and without deduction, depending on the expected total expenditure, but at least in the amount of EUR 50.00 (gross). The deposit will be deducted from the final price. If an appointment is made with follow-up appointments, the deposit will be offset against the final payment on the last date the service is rendered. The deposit will be retained if the appointment is not canceled at least three working days before the agreed appointment or if this appointment card cannot be presented during the agreed appointment. Cancellations must be made by phone or an email to cancellation@holynailtattoo.com .
If an appointment is made with follow-up appointments, the contractor reserves the right to invoice a partial amount for the provision of services after each appointment.
In the event of a short-term cancellation of an appointment (48 hours or two working days before the agreed appointment) or failure to appear at the agreed appointment, the contractor can - in addition to the statutory claims - be reimbursed at a flat rate for the damage incurred by the cancellation of the appointment/non-appearance in the amount of the amount pursuant to Section 4 paragraph 4 request the down payment made and offset it against the down payment made. The contractor reserves the right to prove that higher damage has occurred. The contractor reserves the right to prove that no damage or only a significantly lower damage has occurred. If an appointment is canceled before the aforementioned period, the contractor reserves the right to withhold the full amount of the down payment made as remuneration when creating a complex individual template.
The deposit will not be refunded in cash in the event of a refund, but will only be issued to the client in the form of a voucher. Clause 5 applies to the voucher.
Other services:
The prices for other services are based on the marked prices or the currently valid price list. The prices include sales tax. Payments are always due immediately and without deduction.
5. Vouchers
Vouchers can be purchased for the provision of services. Only one voucher can be redeemed per service provided. Vouchers will not be paid out, not even partial amounts. The voucher is valid for 12 months.
A voucher does not mean that you are entitled to have any motif tattooed. The contractor also reserves the above rights for vouchers.
6. Touch-ups
The prices for tattoos include touch-up work. Retouching work is to be understood as meaning adjustments that are required and necessary within the usual framework after the tattoo has healed. Whether re-engraving work is necessary depends individually on the client, in particular on their skin properties and/or the color absorption capacity of the skin.
The appointments for re-engraving work are to be observed within 6 to 8 weeks after the last day of the service provision, otherwise the re-engraving work is subject to separate payment.
If the customer does not attend the agreed appointment for the re-engraving work without reason and/or without a timely cancellation (48 hours or two working days before the agreed date), the entitlement to the free re-engraving work expires.
Retouching work that is based on a defective performance by the contractor is free of charge as part of the subsequent performance.
Retouching work that becomes necessary due to improper care by the customer and thus due to a violation of Section 3 Paragraph 4 is subject to separate remuneration.
7. Coverups
Coverups are tattoos which, at the request of the client, are intended to completely or partially cover or cover over or redesign an existing tattoo of the client.
In the case of coverups, full coverage of the original tattoo by the contractor cannot be guaranteed.
The contractor expressly points out that there may be interactions with the existing tattoo ink and the newly applied tattoo ink, in particular due to aesthetically undesirable color development or unforeseeable skin irritation.
Coverups may take more time than originally planned. The resulting additional expense is to be borne by the customer according to the agreed price per hour. The contractor will inform the client in good time about the increased time required.
Retouching work within the meaning of Section 6 is always subject to separate payment for coverups. This does not apply in the case of Section 6 Paragraph 4.
8. Proprietary rights and copyright
The customer grants the contractor a free right of use, reproduction and publication, which is unrestricted in terms of content, space and time, to all photographs which the contractor takes of the tattoo created, in particular during the tattooing process in coordination with the customer.
Ownership and copyrights to the contractor's motif templates as well as individual design sketches or preliminary drawings remain with the contractor. The contractor expressly reserves the right to use the templates multiple times.
9. Consent
The client agrees to the agreed intervention and the resulting violation of the integrity of the body. The intervention was carried out voluntarily at the client's own request.
10. Final provisions
Should a provision of these general terms and conditions be or become invalid or contain a loophole, this shall not affect the validity of the remaining provisions. In such a case, a provision that comes as close as possible to the meaning and purpose of the provision in question shall be applied in place of the void, unenforceable or unenforceable provision. The same applies if these general terms and conditions contain an unintended loophole.