Article 1 – Definitions

In these General Terms and Conditions, the following terms have the following meanings:

Supplementary agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these items, contents, and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader.

Cooling-off period: the period within which the consumer can make use of their right of withdrawal.

Consumer: the natural person who is not acting for purposes relating to their trade, business, craft, or profession.

Day: calendar day.

Digital content: data produced and supplied in digital form.

Durable medium: any tool – including email – that enables the consumer or trader to store information addressed personally to them in a way that makes future consultation or use possible during a period suited to the purpose for which the information is destined, and which allows the unchanged reproduction of the stored information.

Right of withdrawal: the consumer’s option to renounce the distance contract within the cooling-off period.

Trader: the natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance.

Distance contract: a contract concluded by the trader and the consumer within the framework of an organized system for distance sales of products, digital content, and/or services, whereby up to and including the conclusion of the contract, exclusive or joint use is made of one or more technologies for distance communication.

Technology for distance communication: means that can be used for concluding a contract, without the consumer and trader having to be together in the same space at the same time.

Article 3 – Applicability

3.1 These general terms and conditions apply to every offer from the trader and to every distance contract concluded between the trader and the consumer.

3.2 Before concluding the distance contract, the text of these general terms and conditions is made available to the consumer. If this is reasonably impossible, the trader will indicate before the distance contract is concluded how the general terms and conditions can be inspected at the trader’s premises and that they will be sent free of charge as quickly as possible upon request.

3.3 If the distance contract is concluded electronically, the text of these general terms and conditions can be provided to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier.

3.4 In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting terms.

Article 4 – The offer

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

4.2 The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer.

4.3 All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.

Article 5 – The contract

5.1 The contract is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein.

5.2 If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically.

5.3 If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data.

5.4 The trader may, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract.

5.5 The trader shall send the following information 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, no later than upon delivery of the product, service, or digital content:

• the email address where the consumer can lodge complaints;

• the conditions under which and the manner in which the consumer can make use of the right of withdrawal;

• information about guarantees and existing service after purchase;

• the price including all taxes of the product, service, or digital content;

• if the contract has a duration of more than one year, the requirements for terminating the contract.

Article 6 – Right of withdrawal

6.1 The consumer can rescind a contract for the purchase of a product during a cooling-off period of at least 14 days without giving reasons.

6.2 The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product.

Article 7 – Obligations of the consumer during the cooling-off period

7.1 During this period, the consumer will handle the product and its packaging with care.

7.2 The consumer is only liable for the depreciation of the product that is caused by a way of handling the product that went further than allowed to establish the nature, characteristics, and functioning of the product.

Article 8 – Exercise of the right of withdrawal by the consumer

8.1 If the consumer exercises their right of withdrawal, they shall report this within the cooling-off period by email to tattoocomfort.nl, stating:

• the reason for withdrawal;

• the order number;

• the relevant products and/or services.

8.2 The product must be returned within 14 days of the notification.

8.3 If possible, the product will be returned in its original condition and packaging.

8.4 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

8.5 Return shipping costs are borne by the consumer unless agreed otherwise.

8.6 If a service has already started at the request of the consumer, a proportional amount will be charged.

8.7 Upon withdrawal, any supplementary agreements are automatically terminated.

Article 9 – Obligations of the trader in the event of withdrawal

9.1 The trader immediately confirms receipt of the withdrawal notification.

9.2 All payments, including delivery costs, are refunded within 14 days.

9.3 The refund uses the same payment method unless agreed otherwise.

9.4 Additional costs for more expensive shipping options are not refunded.

Article 10 – Exclusion of the right of withdrawal

10.1 The right of withdrawal can be excluded for products or services whose price depends on financial market fluctuations, provided this was clearly stated beforehand.

Article 11 – The price

11.1 Prices will not be increased during the specified validity period, except for changes in VAT rates.

11.2 Variable prices are possible for products that depend on market fluctuations.

11.3 Price increases within three months are only permissible in case of statutory changes.

11.4 After three months, price changes are only permitted if:
a) they are determined by law; or
b) the consumer has the right to terminate the contract.

11.5 All prices include VAT.

Article 12 – Performance and warranty

12.1 The trader guarantees that products and services comply with the contract and statutory requirements.

12.2 No guarantee is given for use outside normal application.

12.3 Additional guarantees never restrict the consumer’s statutory rights.

12.4 Additional guarantees cover extra promises made by the trader, supplier, or manufacturer.

Article 13 – Delivery and execution

13.1 Orders are processed carefully.

13.2 Delivery takes place at the address specified by the consumer.

13.3 Orders are delivered as quickly as possible, at the latest within 30 days, unless agreed otherwise.

13.4 In case of delay, the consumer has the right to dissolve the contract and claim damages.

13.5 The risk of damage or loss rests with the trader until the moment of delivery.

Article 14 – Payment

14.1 Payments must be made within 14 days.

14.2 Advance payments may not exceed 50%.

14.3 Errors in payment details must be reported immediately.

14.4 In case of late payment, statutory interest and collection costs may be charged.

Article 15 – Complaints procedure

15.1 The trader applies a clear complaints procedure.

15.2 Complaints must be submitted fully and on time.

15.3 A substantive response or an indication of processing time is provided within 14 days.

Article 16 – Retention of title

16.1 Ownership of products passes only after full payment. Risk passes at delivery.

Article 17 – Additional provisions

17.1 All contracts are exclusively governed by Dutch law.

17.2 The trader reserves the right to amend these terms. In the event of changes, the provision most favorable to the consumer shall apply.