1. Definitions
The following terms are used in these Terms and Conditions.
1.1 Nevermore Tattoo Parlour is located at: Bankstraat 13, 2811 Hombeek. Hereinafter referred to as Nevermore.
1.2 Client: the natural person, who requests Nevermore to have a tattoo or piercing treated by Nevermore or to whom Nevermore provides products or services.
1.3 Agreement : any agreement between Nevermore and Client for the supply of products or services, including having a tattoo or piercing applied.
2. Applicability
2.1 These General Terms and Conditions apply to all agreements between Nevermore and the Client, in which Nevermore acts as (potential) seller and/or supplier of products and/or services. Deviations from these Terms and Conditions can only be made in writing and with the express consent of Nevermore.
2.2 All deliveries of products and/or services by Nevermore are provided by Nevermore persons and/or separately acting persons engaged by or on behalf of Nevermore.
2.3 The Client entering into an Agreement with Nevermore expressly agrees to these Terms and Conditions used by Nevermore.
3. Own responsibility and own risk
3.1 All assignments from the Client to Nevermore are made at the Client’s own responsibility and risk.
3.2 By ordering Nevermore to apply a tattoo or piercing, the Client declares to be familiar with all possible consequences of the treatment, including medical, psychological and social consequences. The Client is aware that body adornments applied by or on behalf of Nevermore can never be completely or cosmetically removed.
3.3 By instructing Nevermore 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 the like) and that his/her treatment is also in no way likely to endanger the health of Nevermore’s employee or third parties.
3.4 Client warrants that he/she is 16 years of age or older and has made his/her decision to have a tattoo done by Nevermore in a well-considered manner.
3.5 In the event that the person wishing to be treated by Nevermore is between the ages of 16 and 18, treatment/delivery by Nevermore will only take place with the written consent and in the presence of his/her parent or guardian. In this case, the parent/guardian shall be considered the Principal.
3.6 Nevermore does not treat children under the age of 16 without parent/guardian consent.
3.7 Nevermore is always entitled to ask the Client to show valid identification, make copies of it and keep it. If the Client does not show valid identification, Nevermore is entitled to refuse the assignment.
4. Liability
4.1 By placing an order with Nevermore, the Client acknowledges that Nevermore has an obligation of effort. Nevermore will make its best efforts to achieve the intended result. Nevermore can never guarantee that the intended result will actually be achieved. Nevermore is not liable for not or not fully achieving the intended result, nor for any damage that might arise as a result of treatment, unless it is established that the damage is due to his/her intent or gross negligence.
4.2 In the event that Nevermore is found liable for any loss suffered by the Client, compensation will be limited to the amount Nevermore has charged the Client for the relevant supply of products or services.
4.3 Any right to compensation will in any case lapse to the extent that the Client has not taken measures immediately after the occurrence of the damage to limit the damage or to prevent more or other damage respectively, as well as has not informed Nevermore in this regard of all relevant information as soon as reasonably possible.
4.4 Nevermore stipulates all legal and contractual defences, which it may invoke to ward off its own liability towards the Client.
5. Warranty
5.1 Nevermore uses only colours/dyes for tattooing that have been verified and are under the control of the applicable Ministry of Health.
5.2 A deposit is always requested at the time of booking. This deposit is relative to the size of the tattoo and will be reduced in the total amount due by the Client at the end of the session/booking.
5.3 Only when booked appointments are cancelled preceding a minimum of 2 business days in advance, the deposit can be retained, otherwise it expires. For guest artists, the deposit always expires upon cancellation.
5.4 Advance payments are NEVER refunded, but can only be recovered in the form of a gift certificate (valid for 1 year).
6. Applicable law/competent court
6.1 Belgian law applies to these Terms and Conditions, as well as to all agreements to which the Terms and Conditions apply or co-apply.
6.2 Disputes between Nevermore and the Client, arising from the agreements to which the Terms and Conditions apply or partly apply, will be tried exclusively by the competent court of the Courthouse in Mechelen, except if Nevermore, as the claimant or requesting party, explicitly chooses the competent court of the Client’s place of residence or establishment.
7. Conversion
7.1 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 purport, so that it may be invoked.
8. Final provision
8.1 Having a tattoo done by Nevermore and/or the separately acting persons engaged by or on behalf of Nevermore is at all times at the Client’s own risk both by verbal and written agreement.