Terms and Conditions (T&C)

1. Scope of Application

1.1 These Terms and Conditions (T&C) apply to all business relationships between Diogo Caipira, Allee der Kosmonauten 179, 12685 Berlin Germany and our customers who use our website to engage artists, including tattoo artists, or purchase clothing.

1.2 Deviating terms and conditions of the customer will not be recognized unless we explicitly agree to their validity in writing.

2. Conclusion of Contract

2.1 For Artist Mediation (Including Tattoo Artists):

The presentation of artists, including tattoo artists, on our website does not constitute a binding offer. The contract for artist mediation is concluded only after we review your request and confirm it either through a separate written confirmation or by directly facilitating the mediation. Tattoo appointments and related services are subject to the terms and conditions of the individual tattoo artist.

2.2 For the Purchase of Clothing:

The display of products in the online shop does not represent a binding offer. By placing an order, you submit a binding offer to purchase the product. The purchase contract is concluded when we confirm the order or dispatch the goods.

3. Prices and Payment Terms

3.1 All prices include applicable VAT and exclude shipping costs unless otherwise specified.

3.2 Payment for clothing purchases can be made via [PayPal, credit card, instant transfer, etc.]. Payment terms for tattoo services are subject to the terms set by the tattoo artist and will be communicated during the booking process.

3.3 In the event of late payment, we reserve the right to charge statutory default interest.

4. Delivery and Shipping

4.1 For Clothing:

We deliver the ordered products to the address you provide. The delivery time is indicated on the website.

4.2 If a product is not available, we will inform you promptly. Any payments already made will be refunded.

4.3 For Artist Mediation (Including Tattoo Artists):

The mediation period and details of the artist’s performance, including tattoo appointments, will be individually agreed upon and confirmed. Tattoo services will be performed at the artist’s studio or a location specified by the artist.

5. Right of Withdrawal

5.1 For the Purchase of Clothing:

Customers who are consumers as defined by § 13 BGB (German Civil Code) have a statutory right of withdrawal. The withdrawal period is 14 days from receipt of the goods. Details are provided in our [Cancellation Policy].

5.2 For Artist Mediation (Including Tattoo Artists):

The right of withdrawal does not apply if the mediation service has been fully performed and the customer expressly agreed to the commencement of service provision before the withdrawal period expired. Cancellation of tattoo appointments is subject to the terms set by the tattoo artist and may include cancellation fees.

6. Retention of Title

6.1 The goods remain our property until full payment has been made.

7. Liability

7.1 We accept unlimited liability for damages arising from injury to life, body, or health caused by our intentional or grossly negligent breach of duty.

7.2 For other damages, we are only liable in cases of intent or gross negligence, unless they involve the breach of essential contractual obligations.

7.3 We accept no liability for damages resulting from artist performances, including tattoo services, mediated through us. We act solely as intermediaries. The tattoo artist is responsible for the quality and safety of the tattooing process.

8. Warranty

8.1 For Clothing:

The statutory warranty provisions apply.

8.2 For Artist Services (Including Tattoo Artists):

The quality and execution of the services provided by artists, including tattoo artists, are the responsibility of the artist. Complaints should be addressed directly to the artist. Customers are advised to discuss health-related concerns and potential allergies with the tattoo artist before the appointment.

9. Tattoo-Specific Terms

9.1 Tattoo appointments require accurate and honest information from the customer regarding medical conditions, allergies, or skin sensitivities. The tattoo artist may refuse service if health concerns arise.

9.2 Customers must adhere to the aftercare instructions provided by the tattoo artist to ensure proper healing.

9.3 The tattoo artist is not liable for complications arising from customer negligence or failure to follow aftercare instructions.

10. Copyright

All content, texts, and images displayed on our website are protected by copyright. Any use without our explicit consent is prohibited.

11. Data Protection

Our Privacy Policy provides information on how we collect, process, and protect your data. It is available at [link to the privacy policy].

12. Final Provisions

12.1 The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods.

12.2 If any provision of these T&C is invalid, the rest of the agreement remains unaffected. The invalid provision will be replaced by the applicable statutory regulation.

12.3 The place of jurisdiction is [Company Location], provided the customer is a merchant or has no general place of jurisdiction in Germany.

Effective Date: 27/11/2024