IThe terms of the contract apply to all tattoos and piercings to be made in the tattoo and piercing studio named apartment viersechs, regardless of the person performing the work. All contractual obligations with regard to the creation of a tattoo or piercing arise in the case of self-employed persons in the studio always and exclusively between the commissioned tattoo artist or piercer personally and the customer. When tattooing, the tattoo color is inserted into the second layer of skin using needles. Since the skin is injured and this can be painful, the process is a physical injury according to § 223 Para. 1 StGB. This is also noted on the digital declaration of consent to be filled out; the tattooing and piercing is consented to by signing it and the illegality no longer applies.

II.Last but not least, the quality of a tattoo depends on the skin condition of the customer. There may therefore be slight deviations in shape and color between the template and the finished tattoo. A specific impairment of the end result is a so-called blow out, which is due to unforeseeable irregularities in the customer & connective tissue and for which the artist cannot accept any responsibility. Here, color can “bleed” under the skin, which can result in a blue/green shimmer next to the lines/shades ranging in size from a few millimeters to several centimetres. Complications like these are particularly common when the tissue involved is compromised (eg, weak connective tissue from weight gain or loss, scars, stretch marks, skin after laser treatments, or significant UV exposure).

III.A tattoo, like the surrounding tissue, is subject to aging processes. These are accelerated in particular by strong sunlight (particularly frequent sunbathing, solarium, working outdoors, etc.). This can cause colors to fade and the contours of the tattoo to become blurred. This can be counteracted with suitable countermeasures (e.g. wearing sun protection, skin care, avoiding sunbathing and solarium).

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1.Scope All orders and business relationships between the studio or shop apartment viersechs (hereinafter referred to as studio) or the studios independent tattoo artist / piercer (hereinafter referred to as artist) and the customer are subject to the following terms and conditions.

 

2.Appointment and appointment deposit The customer can make one or more appointments with the studio for a job (tattoo/piercing). A down payment or appointment deposit is due when the appointment is made, the amount of which is specified by the studio, depending on the duration of the appointment, among other things. The appointment deposit is updated from appointment to appointment and settled upon completion of the work, ie with the payment of the last appointment. If the self-employed tattoo artist leaves the studio apartment viersechs, the down payment made by the customer or the appointment deposit remains the property of the studio and will be charged as an agency fee. Any claims are borne by the self-employed tattoo artist and offset by him independently of the tattoo studio when continuing the project called Tattoo.There are no claims to the tattoo studio.

(2.2)A payment of the appointment deposit is only possible if a) the customer has canceled all open appointments at least 3 working days before the next due date, b) the next due date is canceled later due to circumstances that the customer demonstrably did not is responsible for, or c) the artist/studio cancels the appointment due to reasons for which the customer is not responsible. d) it is not or was not foreseeable that the tattoo artist would leave the studio apartment viersechs.

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(2.3)Appointments can only be rescheduled up to 3 working days before the appointment in person or by telephone. In this case, the customer is entitled to an alternative appointment, but without the right to preferential treatment when making the new appointment.

 

(2.4)The deposit or deposit expires, so it will be retained by the studio without consideration if the customer

(a)does not appear at an agreed appointment without canceling it at least 3 working days in advance by telephone or in person. In this case, the right to an alternative date and follow-up dates that have already been agreed also expire. This also applies in particular to late deadlines for which no down payment or deposit has been made. In the event of no-show or late cancellation, the entitlement to a further, free follow-up appointment will be forfeited.

(b)in a non-tattooable condition, ie under z. B. the influence of drugs, alcohol, blood-thinning medication or antibiotics appears, and due to these conditions the appointment cannot take place (see also §4 rights and obligations of the customer).

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3. Prices

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(3.1)Depending on the work (piercing/tattoo), the studio offers either fixed prices or prices based on effort (depending on motif/placement/detail content).

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(3.2)Price agreements between the customer and the studio are binding. The studio reserves the right to cancel an appointment if, at the request of the customer, the placement/size/style/design should change on the day of the appointment to such an extent that the appointment schedule planned by the studio can no longer be guaranteed (see also 3.4.). In this case, the down payment or deposit will be retained. For tattoos that require several sessions, the cost and price range of the tattoo planned on the respective day will be discussed before each session and the customer will be informed.

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(3.3)The creation of the template and the template (stencil), even outside of the agreed date and/or in the absence of the customer, will be charged as work.

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(3.4)If the customer requests a change to the agreed work that goes beyond minor modifications, the studio can set a new price for it. The customer is free to accept this price or to withdraw from the appointment. In this case, the deposit will be retained. Any requests for changes must be communicated to the studio or directly to the tattoo artist by the customer no later than 3 working days before the appointment EXCLUSIVELY by telephone or in person. Requests via social media or email will not be considered.

 

4. Customer Rights and Obligations

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(4.1)The customer is responsible for ensuring that he appears on the agreed date in a condition that makes the work justifiable for the artist. This includes in particular:

(a)No consumption of alcohol or narcotics at least 48 hours before the appointment.

(b)No intake of anticoagulants or other medications that make it impossible to carry out the work, make it significantly more difficult or pose a danger to the customer or artist (this includes, among other things, aspirin, ASA, antibiotics, etc.).

(c)No application of surface anesthetics unless this was agreed with the studio.

(d)The customer does not suffer from any illnesses that make it impossible to carry out the work or make it significantly more difficult (in particular infectious diseases).

(e)The customer is not aware of any allergies to the ingredients of tattoo inks, piercing jewelry, other tattoo or piercing materials, disinfectants or plasters.

(f)The customer must appear in a hygienic condition that is reasonable for the artist.

(G)The customer is not pregnant, the delivery was more than 12 months ago and breastfeeding has already been stopped. The studio and the tattoo artist reserve the right to cancel the appointment if the above points are disregarded. The deposit or deposit will then be retained.

(4.2)The customer is obliged to inform the studio of possible allergies, medication or diseases (e.g. HIV, hepatitis, epilepsy, diabetes etc.) when making the appointment.

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(4.3)At the start of a tattoo appointment, the client is presented with the final design in the form of a blueprint/computer graphic or drawing, it is the clients responsibility to point out any misunderstandings or errors. In particular, in the case of writing, numbers, dates, symbols, spellings of names or writing from other cultures, the customer is obliged to provide a template and to have personally made an effort in advance to ensure that the spelling or wording is correct. The customer shall notify the artist of any change requests or corrections before the stencil is made. Complaints in this regard at a later date cannot be taken into account and are not the responsibility of the studio. The stencil is then applied to the skin. The customer carefully examines both the positioning and the content of the template and checks the final design. At the beginning of a piercing, the artist draws the exact positioning for the customer. The customer examines these and informs the artist of any change requests before the intervention. The studio and the tattoo artist reserve the right to cancel the appointment if the customer is obviously unsure about the size, placement or execution of the tattoo at the time the stencil is applied, due to the associated change in the time or material required. In this case, the down payment or deposit will be retained. With the start of the work, the customer agrees to the positioning and content of the work.

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(4.4)The client follows the tattooists instructions before and during the procedure. This is the only way for the tattoo artist to ensure that the procedure is carried out safely.Since the tattooing process is painful, the customer may make jerky movements that the tattoo artist cannot predict. Despite slight fixation by pressure and tension on the skin area, the tattoo artist cannot completely prevent the body and reflex reaction, only try to minimize it. In rare cases, the quality of the tattoo can be affected accordingly. The customer is aware of this.

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(4.5)The customer consents to the procedure in writing before the appointment and records this in a declaration of consent with the necessary personal data. In order to verify this, the customer carries an officially issued identification document with them at the time of the appointment.

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(4.6)If a customer does not fulfill his obligations as described above before or during an appointment, this shall be deemed to be the cancellation of the appointment by the customer due to circumstances for which he is responsible.

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(4.7)The customer has no right to the provision of a possibly produced design. If the customer wishes to purchase this in an individual case, a separate agreement is required. It is up to the studio whether to accept this agreement.

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(4.8)In the case of templates that are tattooed at the customer request, the customer indemnifies the studio and the tattoo artist for the rights to use the template from all legal claims by third parties.

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(4.9)The customer follows the aftercare instructions of the tattoo artist and the studio.

5. Studio& Rights and Responsibilities

(5.1)At the appointment, the customer will be informed in writing about the procedure and the associated risks. If there is a suspicion that certain circumstances speak against having a tattoo or piercing carried out, this must be mentioned before the appointment and the procedure must be ensured.

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(5.2)The studio and the tattoo artist or piercer undertake to inform the customer about the healing process and the necessary rules of conduct.

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(5.3)The studio can refuse to carry out a work. This happens in particular under the following circumstances:

(a)The desired tattoo motif is the work of another tattoo artist that is to be copied.

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(b)Due to their size, templates or motifs do not allow us to expect a good result (blurring of the contours and running of lines that are close to each other).

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(c)The content of the work or the meaning of the design are in substantial contradiction to the beliefs of the studio owner (especially political or illegal motives).

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(d)Due to the desired positioning, the tattoo cannot be expected to be convincingly permanent; this applies, among other things, to tattoos on and on the hand, especially fingers.

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(5.4)The copyright and exploitation rights of a tattoo design always remain with the studio and tattoo artist.

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(5.5)The tattoo design is presented to the client on the day of the appointment. For some motifs, it is not possible to create a draft due to the complexity of the part of the body to be tattooed. In this case, the design is drawn directly onto the client & skin. Tattoo designs are not sent in advance.

 

(5.6)We would like to point out that, in accordance with Section 642 BGB, the studio has the right to demand reasonable compensation (the agreed deposit for the appointment, see 2.). In this one case, the studio has the right to cancel all further appointments of the customer according to §643 BGB.

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(5.7)If the customer agrees to the photography of a finished work by the artist or the studio, the studio has the unrestricted and free right to its use, reproduction and publication. If the customer does not wish to be named personally, e.g. by linking to social media platforms, he shall inform the studio of this when the photos are taken.

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6. Follow up

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A follow-up stitch is usually not necessary with proper aftercare.

(6.1)In principle, the customer has the right to a touch-up (up to 3 months after completion of a tattoo) if color loss has occurred in the tattoo during the course of healing.

(6.2)However, if the cause of the color loss lies in improper care of the tattoo, any touch-up appointments will be charged.

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7. Vouchers

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(7.1)Any customer can buy gift vouchers for any amount. This is possible on site in the studio.

(7.2)Vouchers are transferrable unless personalized.

(7.3)Unless otherwise stated on the letter issued, vouchers are valid for two years.

(7.4)Vouchers can be extended within their validity period.

(7.5)Vouchers will not be paid out, not even in partial amounts.

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8. Disclaimer

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(8.1)No liability is assumed for complications during wound healing and any consequences resulting therefrom (wound infections, scarring, damage to the tattoo, etc.) due to errors or negligence on the part of the customer. The customer is asked to follow the care instructions provided to him and to contact the studio immediately in the event of an unexpected healing process.

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(8.2)In very rare cases, despite the greatest care in terms of hygiene and cleanliness, infections and/or complications in wound healing can occur. Due to §52 Abs2 SGBV, it can happen that the health insurance companies are not responsible in such a case. In this case, the studio does not bear any costs incurred. The studio also bears no liability in this case.

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(8.3)The studio points out that during an intervention, even with the utmost care, clothing and footwear could be soiled or damaged by paint, disinfectants and other materials. It is therefore recommended that you put on old and/or dark clothing and shoes for the appointment. Neither the studio nor the tattoo artist or piercer are liable for soiling or damage to clothing or footwear caused by paint, disinfectants or other materials, unless the soiling or damage was caused by the artist through gross negligence or intentionally.

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9. Miscellaneous

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(9.1)The provisions of the German Civil Code in the currently valid version also apply insofar as they do not contradict these terms and conditions.

(9.2)The place of jurisdiction is 20144 Hamburg

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(9.3)If a provision from these GTC or from the contract between the studio or self-employed tattoo artist or piercer and the customer is or becomes ineffective, these GTC and the rest of the contract remain unaffected. The ineffective provision is to be replaced by an effective provision that comes as close as possible to its economic meaning.