Terms and conditions

1. DEFINITIONS

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

1.1 Venom Ink: located at Katendrechtse Lagedijk 441B Rotterdam, a general partnership operated by Mykhailo Belmas and Karolina Jedrzynska, hereinafter referred to as Venom Ink. Reachable by telephone: +31 619299605 and email: venomink.nl. Company registered with Chamber of Commerce: 96433019 and VAT number: NL867608900B01.

1.2 Client: the natural person who commissions Venom Ink to apply a tattoo that is treated by Venom Ink or to whom Venom Ink delivers products or services.

1.3 Agreement: any agreement between Venom Ink and Client for the delivery of products or services, including the application of a tattoo.

2. APPLICABILITY

2.1 These General Terms and Conditions apply to all agreements between Venom Ink and Client, in which Venom Ink acts as a (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 explicit consent of Venom Ink.

2.2 All deliveries of products and/or services by Venom Ink are provided by contracted tattoo artists or individual practitioners engaged by Venom Ink, such as guest tattoo artists.

2.3 The Client who enters into an Agreement with Venom Ink explicitly agrees to these General Terms and Conditions used by Venom Ink.

2.4 By making a deposit payment to Venom Ink, the Client explicitly agrees to these General Terms and Conditions.

3. OWN RESPONSIBILITY AND OWN RISK

3.1 All orders from Client to Venom Ink are issued under the Client’s own responsibility and at the Client’s own risk.

3.2 By commissioning Venom Ink to apply a tattoo, the Client declares to be aware of all possible consequences of the treatment, including medical, psychological, and social consequences. The Client is aware that body decorations applied by or on behalf of Venom Ink can never be completely or cosmetically attractively removed.

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

3.4 If the client uses blood-thinning medication, he/she must inform Venom Ink of this in advance. Advice regarding the use of blood thinners must always be assessed by experts. Venom Ink does not provide a quality guarantee if the Client has not reported blood-thinning medication.

3.5 The Client guarantees that he/she is 16 years of age or older and has made a well-considered decision to have a tattoo applied by Venom Ink.

3.6 In case the person who wishes to be treated by Venom Ink is between 16 and 18 years of age, the treatment/delivery by Venom Ink will only take place with written permission and in the presence of their parent or guardian. In that case, the parent/guardian is considered the Client.

3.7 Venom Ink does not treat persons younger than 16 years.

3.8 Venom Ink always has the right to ask the Client to show valid identification, to make copies of it and to retain them. If the Client does not show valid identification, Venom Ink has the right to refuse the order.

4. LIABILITY

4.1 By commissioning Venom Ink, the Client acknowledges that Venom Ink has an obligation to make best efforts. Venom Ink will make its best efforts to achieve the intended result. Venom Ink can never guarantee that the intended result will actually be achieved. Venom Ink is not liable for not achieving or not fully achieving the intended result, nor for damage that could arise as a result of a treatment, unless it is established that the damage is attributable to intentional or gross negligence on their part. Venom Ink is not liable for incorrect spellings of words and/or names.

4.2 In the event that Venom Ink is found liable for any damage suffered by the Client, the compensation is limited to a maximum of 50% of the amount charged by Venom Ink, with a maximum of €300.

4.3 Any right to compensation expires in any case insofar as the Client has not immediately taken measures after the occurrence of the damage to limit the damage or to prevent more or other damage, and has not informed Venom Ink of all relevant information in this regard as soon as reasonably possible.

4.4 Venom Ink reserves all legal and contractual defenses that it can invoke to ward off its own liability towards the Client.

5. COMMISSION AGREEMENT

5.1 A commission agreement is definitively confirmed after payment of a deposit.

5.2 Venom Ink will under no circumstances refund deposits to the Client after the expiration of the statutory cooling-off period of 24 hours, not even after cancellation of the commission agreement.

5.3 If Venom Ink is forced to cancel the commission agreement due to actions by a contracted tattoo artist, Venom Ink will always offer an appropriate solution.

6. FINAL PROVISION

Getting a tattoo by Venom Ink is always at your own risk, both in oral and written agreements.

7. DISCLAIMER OF RISKS

Do not get a tattoo:

• on places where you have undergone plastic surgery or radiation in the past year;
• on a place where a tattoo was laser removed less than three months ago;
• on a place that was tattooed less than six weeks ago;
• on a scar that is less than one year old;
• on irritated skin such as bumps, dark moles or swellings;
• if you are under the influence of alcohol or drugs;
• if you are allergic to tattoo materials or ink.

Additionally, it is not recommended to get a tattoo if one of the following situations applies to you:

• diabetes
• heart and vascular disorders
• reduced immunity
• blood clotting problems
• chronic skin disease
• pregnancy or breastfeeding

Does one of these situations apply to you but do you still want to get a tattoo? Then we strongly recommend that you first discuss your tattoo plans with your treating physician. Your doctor has the best insight into the stability of your physical condition (with or without the use of medication). Therefore, he or she can best assess what the risks are when you get a tattoo.