GENERAL CONDITIONS PURE INK

  1. Definitions

The following terms are used in these General Terms and Conditions.

1.1 Pure Ink: located in Purmerend at Weeshuissteeg 15.

1.2 Principal: the natural person, who gives an order to Pure Ink to have a tattoo applied as well as who is treated by Pure Ink or to whom Pure Ink provides products or services.

1.3 Agreement: any agreement between Pure Ink and Customer to supply products or services, including having a tattoo or other cosmetic treatment applied.

  1. Applicability

2.1 These General Terms and Conditions apply to all agreements between Pure Ink and Customer, where Pure Ink acts as (potential) seller and/or supplier of products and/or services. Deviations from these General Terms and Conditions can only be made in writing and with the express consent of Pure Ink.

2.2 All deliveries of products and/or services by Pure Ink shall, without exception, never be made by the persons engaged by Pure Ink and individually acting by or on behalf of Pure Ink.

2.3 The Customer who enters into an Agreement with Pure Ink expressly agrees to these General Terms and Conditions used by Pure Ink.

  1. Own responsibility and own risk

3.1 All assignments from Customer to Pure Ink are made under Customer's own responsibility and at Customer's own risk.

3.2 By ordering Pure Ink to apply a tattoo, Customer declares to be familiar with all possible consequences of the treatment, including medical, psychological and social consequences. Customer is aware that body adornments applied by or on behalf of Pure Ink can never be completely or cosmetically removed.

3.3 By instructing Pure Ink to apply a tattoo or other cosmetic treatment, Customer also declares that he/she is in good health, does not suffer from any form of allergy, haemophilia, diabetes, immune disorder, skin condition or otherwise and is not infected with blood-borne diseases (such as HIV, hepatitis A, B or C or otherwise) and that his/her treatment cannot in any other way endanger the health of Pure Ink employees or third parties.

3.4 Client warrants that he/she is aged 16 years or older and has made a considered decision to get a tattoo by Pure Ink.

3.5 Pure Ink does not apply tattoos to persons under the age of 16, even with the consent of parent/guardian.

3.6 Pure Ink is always entitled to ask the Principal to show a valid proof of identity, to make and keep copies thereof. If the Principal does not show valid proof of identity, Pure Ink is entitled to refuse the Order.

3.7 Texts and figures must be checked in advance by the Client, errors arising from this are at the Client's risk.

  1. Liability

4.1 By placing an order with Pure Ink, Customer acknowledges that Pure Ink has an obligation of best efforts. Pure Ink will make every effort to achieve the intended result. Pure Ink can never guarantee that the intended result will actually be achieved. Pure Ink is not liable for not achieving or not fully achieving the intended result, nor for damage that may arise as a result of a treatment, unless it is established that the damage can be attributed to its intent or gross negligence.

4.2 In case Pure Ink is found liable for any damage suffered by Customer, the compensation shall be limited to the amount Pure Ink has charged Customer for the relevant delivery of products or services.

4.3 Any right to compensation shall in any case lapse insofar as the Customer has not taken measures to limit the damage or prevent more or other damage immediately after the damage occurred, as well as has not informed Pure Ink in this regard as soon as reasonably possible of all relevant information.

4.4 Pure Ink stipulates all statutory and contractual defences which it can invoke to ward off its own liability vis-à-vis the Customer, also on behalf of its employees and any third parties for whose conduct it would be liable under the law.

4.5 Pure Ink cannot be held liable for applied damage to clothing or the like of the Customer.

  1. Warranty

Pure Ink only uses colours/dyes for tattooing that have been checked and are under control by the Ministry of Health, Welfare and Sport and the Food Inspection Department, as stipulated in the Commodities Act Decree on Tattoo Dyes.

  1. Applicable law/competent court

6.1 These General Terms and Conditions, as well as all agreements to which the General Terms and Conditions apply or partly apply, are governed by Dutch law.

6.2 Disputes between Pure Ink and the Customer, arising from the agreements to which the General Terms and Conditions apply or partly apply, shall exclusively be adjudicated by the competent court of the District Court of Amsterdam, unless Pure Ink, as plaintiff or requesting party, explicitly opts for the competent court of the place of residence or business of the Customer.

  1. Conversion

If and to the extent that any provision in these general terms and conditions cannot be invoked on the grounds of reasonableness and fairness or its unreasonably onerous nature, that provision shall be accorded a corresponding meaning as far as possible in terms of its content and scope, so that it can be invoked.

  1. Final provision

These General Terms and Conditions are also stipulated for the benefit of all employees of Pure Ink and third parties engaged for the performance of the Agreement. This stipulation can never be understood as any acknowledgement that the said employees or third parties engaged for the implementation of the Agreement have acted in a personal capacity.