Victrix Tatoo

General Terms and Conditions

Article 1 - Definitions

In these General Terms and Conditions, the following definitions are used.

1.1. Contractor: Victrix Tattoo located at Fnidsen 111, in Alkmaar. Hereinafter referred to as Victrix Tattoo.

1.2. Client: the natural person who places an order with Victrix Tattoo for the application of a tattoo to be performed by Victrix Tattoo or to whom Victrix Tattoo supplies products and/or services.

1.3. Agreement: any agreement between Victrix Tattoo and the client for the supply of products or services, including the application of a tattoo.

Article 2 – Applicability

2.1. These General Terms and Conditions apply to all agreements between Victrix Tattoo and the client, in which Victrix Tattoo acts as a (potential) provider of services. Deviations from these General Terms and Conditions may only be made in writing and with the explicit consent of Victrix Tattoo.

2.2. All deliveries of products and/or services by Victrix Tattoo are provided exclusively by employees of Victrix Tattoo, without any exception.

2.3. The client who enters into the agreement with Victrix Tattoo expressly agrees to these General Terms and Conditions used by Victrix Tattoo.

Article 3 - Own responsibility and own risk

3.1. All orders from the client to Victrix Tattoo are placed at the client’s own responsibility and risk.

3.2. By instructing Victrix Tattoo 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 Victrix Tattoo can never be removed completely or in a cosmetically attractive way.

3.3. By instructing Victrix Tattoo to apply a tattoo, the client also declares that he/she is in good health. That he/she 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). The client declares that his/her treatment can in no way endanger the health of the employees of Victrix Tattoo or third parties.

3.4. The client warrants that he/she is 16 years of age or older and has carefully considered his/her decision to have a tattoo applied by Victrix Tattoo.

3.5. In the event that the client to be treated by Victrix Tattoo is between 16 and 18 years old, treatment/delivery by Victrix Tattoo shall take place only with written permission and in the presence of his/her parent or guardian. In that case, the parent/guardian shall be regarded as the client.

3.6. Victrix Tattoo does not treat children younger than 16 years old.

3.7. Victrix Tattoo always has the right to ask the client to show a valid identification document, to make copies of it and retain them. If the client does not show a valid identification document, Victrix Tattoo has the right to refuse the order.

Article 4 – Payment

4.1. By placing the commission with Victrix Tattoo, the client agrees to a deposit of €50 for small jobs. For large jobs, the deposit will be €100. If the client decides not to proceed with the commissioned work, the client may still claim a refund of this amount up to 48 hours in advance. After those 48 hours, no claim can be made for the deposit.

4.2. The minimum amount for a tattoo is €80.

4.3. The total amount for the tattoo is determined based on the design and the agreements the client has made with Victrix Tattoo regarding it. If the client makes changes to the design at this appointment, an additional charge may be applied.

Article 5 – Liability

5.1. By placing an order with Victrix Tattoo, the client acknowledges that Victrix Tattoo has an obligation of best efforts. Victrix Tattoo will use its best efforts to achieve the intended result. Victrix Tattoo can never guarantee that the intended result will actually be achieved. Victrix Tattoo is not liable for failing to achieve, or failing to fully achieve, the intended result, nor for damage that may arise as a result of a treatment, unless it is established that the damage is due to his/her intent or gross negligence.

5.2. If Victrix Tattoo is held liable for damage suffered by the client, any compensation is limited to a maximum of the amount that Victrix Tattoo has charged the client for the relevant delivery of products and/or services.

5.3. Any right to compensation lapses if the client does not immediately after the damage occurs take all reasonable measures to limit the damage or prevent further damage, and does not inform Victrix Tattoo of all relevant information as soon as possible.

5.4. Victrix Tattoo invokes all statutory and contractual defenses that it can invoke to defend against its own liability towards the client.

Article 6 – Warranty

1. Dutch Law applies to the General Terms and Conditions, as well as to all agreements to which the General Terms and Conditions apply or also apply.
2. Disputes between Victrix Tattoo and the client, arising from the agreements to which the General Terms and Conditions apply or also apply, will be adjudicated exclusively by the competent judge of the District Court of Haarlem, unless Victrix Tattoo as plaintiff or requesting party has expressly chooses the competent court of the client’s place of residence or business.

Article 7 – Applicable law/competent court

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

7.2. Disputes between Victrix Tattoo and the client arising from agreements to which these General Terms and Conditions apply in whole or in part shall be submitted exclusively to the competent court of the Haarlem District Court, unless Victrix Tattoo, as the claimant or applicant, expressly chooses the competent court at the client's place of residence or place of business.

Article 8 – Conversion

8.1. If and to the extent that, on the basis of reasonableness and fairness or the unreasonably onerous nature thereof, no reliance can be placed on any provision in these General Terms and Conditions, that provision shall be interpreted, in terms of its content and purpose, as far as possible in a corresponding way, so that it can nevertheless be relied upon.