Terms and Conditions
Terms and Conditions Ink Panthers
Mr. R. Palmen & Mrs. JE Palmen-Bok h.odn Ink Panthers is registered with the Chamber of Commerce under number 87126451 and is located at Bovenstestraat 8, 6101 EK in Echt.
Article 1 Terms
1. In these general terms and conditions, the following terms are used with the following meaning, unless explicitly stated otherwise.
2. Offer: any offer or quotation to the Client for the provision of Services by Ink Panthers.
3. Consumer: the natural person who uses the Ink Panthers Services. When talking about agreements between Ink Panthers and the Consumer, this also includes agreements made with the parents or legal representatives of the Consumer insofar as the Consumer has not yet reached the age of 16.
4. Services: The Services offered by Ink Panthers are applying permanent decorations to the body, either applying a tattoo or making a design .
5. Ink Panthers: the disincentive that offers Services to Client.
6. Client: the natural person who has appointed Ink Panthers, has provided projects to Ink Panthers for Services performed by Ink Panthers, or to whom Ink Panthers has made a proposal under an Agreement._cc781905-5cde-3194-bb3b -136bad5cf58d_
7. Agreement: any Agreement and other obligations between Client and Ink Panthers, as well as proposals from Ink Panthers for Services to be provided by Ink Panthers to Client and which are accepted by Client and have been accepted and performed by Ink Panthers, with which these terms and conditions form an indissoluble form whole.
8. Design: the design made by Ink Panther, whether or not with the participation of the Client.
Article 2 Applicability
1. These terms and conditions apply to every Ink Panthers Offer, every Agreement between Ink Panthers and Client and every service offered by Ink Panthers.
2. Before an Agreement is concluded, the Client will be given these general terms and conditions. If this is not reasonably possible, Ink Panthers will indicate to the Client how the Client can view the general terms and conditions.
3. Deviation from these general terms and conditions is not possible. In exceptional situations, the general terms and conditions can be deviated from insofar as this has been agreed explicitly and in writing with Ink Panthers.
4. These general terms and conditions also apply to additional, changed and follow-up assignments from the Client.
5. The general terms and conditions of the Client are excluded.
6. If one or more provisions of these general terms and conditions are partially or wholly null and void or are voided, the other provisions of these general terms and conditions will remain in effect, and the void/nullified provision(s) will be replaced by a provision with the same purport as the original provision.
7. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
8. The applicability of Articles 7:404 of the Dutch Civil Code and 7:407 paragraph 2 of the Dutch Civil Code is explicitly excluded.
9. If in these terms and conditions reference is made to she/her, this should also be understood as a reference to he/him/his, if and insofar as applicable.
10. In the event that Ink Panthers has not always required compliance with these general terms and conditions, it will retain its right to demand full or partial compliance with these general terms and conditions.
Article 3 The Offer
1. All offers made by Ink Panthers are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be expressly stated in the Offer.
2. Ink Panthers is only bound by an Offer if it is confirmed in writing by the Client within 30 days. Nevertheless, Ink Panthers has the right to refuse an Agreement with a (potential) Client for a valid reason for Ink Panthers.
3. The offer contains a description of the Services offered. The description is sufficiently specified, so that the Client is able to make a proper assessment of the offer. Any information in the offer is only an indication and cannot be grounds for any compensation or dissolution of the Agreement.
4. Offers or quotations do not automatically apply to follow-up orders.
5. Delivery times in the offer of Ink Panthers are in principle indicative and do not entitle the Client to dissolution or compensation if they are exceeded, unless expressly agreed otherwise.
Article 4 Formation of the Agreement
1. The Agreement is concluded at the moment that the Client accepts the quotation/offer by completing the consent form that is provided to the Client before the start of the Agreement. Or when the reservation conditions have been agreed.
2. The Client can only enter into an Agreement if it has been established that the Client:
a. Has reached the age of at least 18 years and has valid proof of identity for this purpose
consulted;
b. has been clearly and extensively informed about this orally or in writing prior to the Agreement
the Service, the possible risks and consequences, the possible expected result, aftercare of the
Service, the costs of the Service and method of payment, the cooling-off period to a reasonable
decision to come and time of Service;
c. Follow the instructions and/or directions given by Ink Panthers if they have been given to the Client by Ink Panthers. In the absence of non-compliance, incorrect or incomplete compliance with
the instructions, the consequences thereof are for the account and risk of the Client.
d. Is aware of the contact details of Ink Panthers in case of complications, as stated on the documents provided to the Client. The client must act in the event of complications
to contact directly.
e. The questions asked by the Client have been answered;
f. The Client has provided his/her contact details and these are correct and complete.
3. Furthermore, an Agreement can only be entered into if the Client is healthy, subject to the
(cosmetic) abnormality for which the Service is indicated, or if the Client has a mild to moderately serious
(system) disease that does not give rise to hindrance or disability.
4. The consent of the Client is confirmed (again) on the day of the Service.
Article 5 Duration of the Agreement
1. If and insofar as an Agreement has been concluded between the Client and Ink Panthers, the duration of
this Agreement in accordance with the duration of the relevant Service, including aftercare
2. Both the Client and Ink Panthers can dissolve the Agreement on the basis of an attributable shortcoming in the fulfillment of the Agreement if the other party has been given written notice of default and has been given a reasonable term to comply with its obligations and it still fails to fulfill its obligations. then correctly comply. This also includes the payment and cooperation obligations of the Client.
3. The dissolution of the Agreement does not affect the Client's payment obligations insofar as Ink Panthers has already performed work or delivered services at the time of the dissolution. The Client must pay the agreed fee.
4. Parties may terminate the Agreement by registered letter with due observance of a notice period of three months. If the Agreement has lasted less than three months, the Agreement can be terminated with a notice period of one month.
5. In the event of an early termination of the Agreement, the Client owes Ink Panthers the costs actually incurred up to that point at the agreed (hourly) rate. The time registration of Ink Panthers is leading in this.
6. Both the Client and Ink Panthers can terminate the Agreement in whole or in part in writing with immediate effect, without further notice of default, in the event that one of the parties is in suspension of payments, has filed for bankruptcy or the relevant company ends through liquidation. If a situation as mentioned above occurs, Ink Panthers is never obliged to refund monies already received and/or compensation.
Article 6 Execution of the service
1. Ink Panthers will make every effort to perform the agreed service with the utmost care as may be expected from a good service provider. Ink Panthers guarantees a professional and independent service. All Services are performed on the basis of a best efforts obligation, unless a result has been agreed explicitly and in writing, which has been described in detail. The agreed Design is placed and placed on the body part designated by the Client and the Contractor.
2. The Agreement on the basis of which Ink Panthers performs the Services is leading for the size and scope of the services. The Agreement will only be performed for the benefit of the Client. Third parties cannot derive any rights from the content of the Services performed in connection with the Agreement.
3. The information and data provided by the Client are the basis on which the Services offered by Ink Panthers and the prices are based. Ink Panthers has the right to adjust its services and prices if the information provided proves to be incorrect and/or incomplete.
4. In the performance of the Services, Ink Panthers is not obliged or obliged to follow the instructions of the Client if this changes the content or scope of the agreed Services. If the instructions result in further work for Ink Panthers, the Client is obliged to reimburse the additional additional costs accordingly on the basis of a new quotation.
5. Ink Panthers is entitled to engage third parties for the performance of the Services at its own discretion.
6. If required by the nature and duration of the assignment, Ink Panthers will keep the Client informed of the progress in the interim via the agreed manner.
7. The performance of the Services is based on the information and Design provided by the Client. If the information needs to be changed, this may have consequences for any established planning. Ink Panthers is never liable for adjusting the planning. If the commencement, progress or delivery of the Services is delayed because, for example, the Client has not provided all the requested information or has not provided it on time or has not provided it in the desired format, does not cooperate sufficiently, any advance payment has not been received by Ink Panthers on time or other circumstances, which are for the account and risk of the Client, if there is a delay, Ink Panthers is entitled to a reasonable extension of the delivery/completion period. All damage and additional costs as a result of delay due to a cause as mentioned above are for the account and risk of the Client.
Article 7 Obligations of the Client
1. The Client is obliged to provide all information requested by Ink Panthers as well as relevant appendices and related information and data in a timely manner and/or before the start of the work and in the desired form for the purpose of correct and efficient performance of the Agreement. Failing this, Ink Panthers may not be able to realize a full performance and/or delivery of the relevant documents. The consequences of such a situation are at all times for the account and risk of the Client.
2. Ink Panthers is not obliged to check the correctness and/or completeness of the information provided to it or to update the Client with regard to the information if it has changed over time, nor is Ink Panthers responsible for the accuracy and completeness of the information compiled by Ink Panthers for third parties and/or provided to third parties under the Agreement.
3. Ink Panthers may, if necessary for the implementation of the Agreement, request additional information. Failing this, Ink Panthers is entitled to suspend its work until the information has been received, without being obliged to pay any compensation to the Client for any reason whatsoever. In the event of changed circumstances, the Client must inform Ink Panthers of this immediately or no later than 3 working days after the change has become known.
4. The Client is obliged to inform Ink Panthers about the presence of any medical/physical complaints or disorders before the start of the Service. If the Recipient does not report medical complaints or other physical conditions to Ink Panthers in a timely manner, there is a chance that the existing complaints will worsen. Failure to report such complaints and/or disorders is at the expense and risk of the Client. If the Client is not also the recipient of the Services of Ink Panthers, the Client indemnifies Ink Panthers against all claims of the recipient arising from the use of the Service.
5. If any physical complaints arise or worsen after using the Ink Panthers Service, the Recipient must always consult a doctor or medical specialist._cc781905-5cde-3194-bb3b- 136bad5cf58d_
6. Before the Client can undergo a Facial Service, the Client is obliged to fill in all relevant medical data on the intake form provided by Ink Panthers. If such information proves to be incorrect or needs to be supplemented, all resulting damage will be for the account and risk of the Client.
Article 8 Agreements
1. If the commencement or progress of the Service is delayed because, for example, the Client has not provided all requested information or has not provided it on time, provides insufficient cooperation, the (down) payment has not been received on time by Ink Panthers or due to other circumstances, which at the expense and risk of the Client, a delay has arisen, Ink Panthers is entitled to a reasonable extension of the execution period. This also includes the overrun of a previous appointment.
2. Ink Panthers is always entitled to move an appointment that has already been made, provided that it has notified the Client of this at least 24 hours in advance.
3. If there is a phased implementation, or if the Client must give approval, Ink Panthers is entitled to suspend the implementation of the Agreement or delivery period until the moment that the Client has given its approval.
4. Ink Panthers will make every effort to realize the Service within the agreed term, before
insofar as this can reasonably be expected of it. In the event of urgency, the Client is obliged to pay a pre-agreed fee for this.
5. Ink Panthers has the right to use images of the results it has achieved from the
services, to be used for your own promotion.
6. Appointments already made that are canceled from 14 days before the start date of the appointment, or if the Client does not appear at the appointment without cancellation, will be charged to the Client. The cost of this is the already charged notorious deposit, plus 20% of the Service amount with a minimum of 25 euros.
7. In the event of a difference of opinion or ambiguities about the date of the appointment, the date as planned in the administration of Ink Panthers is leading.
8. In the event of cancellation of the appointment by the Client, Ink Panthers will make reasonable efforts to limit the costs of cancellation as much as possible.
9. If the Client does not appear on time for an appointment without cancellation, Ink Panthers cannot guarantee that the agreed Service can still take place. If the Client has to make a replacement appointment as a result, the costs of the missed appointment will remain due in full, unless explicitly agreed otherwise.
10. After the Service has ended, an aftercare interview will take place between the Client and Ink Panthers for the purpose of aftercare. Any instructions that the Client must comply with
given in writing.
11. The Client is aware that the Service must provide a number of specific types of Services
to be found according to a time schedule specified by Ink Panthers to achieve the desired effect.
Ink Panthers will inform the Client about this when entering into the treatment agreement.
Article 9 Additional work and changes
1. If during the execution of the Agreement it appears that the Agreement needs to be adjusted, or if further work is required at the request of the Client to achieve the desired result of the Client, the Client is obliged to reimburse this additional work in accordance with the agreed rate. . Ink Panthers is not obliged to comply with this request, and may require the Client to conclude a separate Agreement for this purpose and/or refer it to an authorized third party.
2. If the additional work is the result of negligence on the part of Ink Panthers, Ink Panthers has made an incorrect assessment or could reasonably have foreseen the relevant work, these costs will not be passed on to the Client.
Article 10 Prices and payment
1. All prices are in principle inclusive of turnover tax (VAT), unless agreed otherwise.
2. Ink Panthers performs its services in accordance with the agreed (hourly) rate. The costs of the work are calculated afterwards on the basis of the time registration drawn up by Ink Panthers (subsequent calculation).
3. Travel time for the benefit of the Client and costs related to travel will be passed on to the Client.
4. The Client is obliged to fully reimburse the costs of third parties that are used by Ink Panthers after the Client's approval, unless expressly agreed otherwise.
5. The parties may agree that the Client must pay an advance. If an advance has been agreed, the Client must pay the advance before commencing the performance of the services.
6. The client cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
7. Ink Panthers is entitled to annually increase the applicable prices and rates in accordance with the applicable inflation rates. Other price changes during the Agreement are only possible if and insofar as these have been expressly laid down in the Agreement.
8. The Client must pay these costs at once, without setoff or suspension, within the specified payment term as stated on the invoice to the account number and details of Ink Panthers made known to it.
9. In the event of liquidation, insolvency, bankruptcy, involuntary liquidation or request for payment towards the Client, the payment and all other obligations of the Client under the Agreement become immediately due and payable.
Article 11 Collection policy
1. If the Client does not meet its payment obligation, and not within the stipulated period
payment term has fulfilled its obligation, the Client will first receive a written reminder with a term of 14 days after the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Client does not meet its obligations within that period. complies before it defaults.
2. From the date that the Client is in default, Ink Panthers will be entitled, without further notice of default, to the statutory commercial interest from the first day of default until payment in full, and compensation of the
extrajudicial costs to be calculated in accordance with Article 6:96 of the Dutch Civil Code according to the graduated scale from the Decree on compensation for extrajudicial collection costs of 1 July 2012.
3. If Ink Panthers has incurred more or higher costs that are reasonably necessary, will be charged
these costs are eligible for reimbursement. The full judicial and execution costs incurred are also in favour
account of the Client.
Article 12 Privacy, data processing and security
1. Ink Panthers handles the Client's (personal) data with care and will only use it in accordance with the applicable standards. If requested, Ink Panthers will inform the person concerned about this.
2. The Client is responsible for the processing of data that is processed using a service from Ink Panthers. The Client also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the Client indemnifies Ink Panthers against any (legal) claim related to this data or the performance of the Agreement.
3. If Ink Panthers is required to provide information security under the Agreement, this security will meet the agreed specifications and a security level that, given the state of the art, the sensitivity of the data, and the associated costs , is not unreasonable.
Article 13 Suspension and dissolution
1. Ink Panthers has the right to retain the data, data files and more received or realized by it if the Client has not yet (fully) fulfilled its payment obligations. This right remains unaffected if a valid reason for Ink Panthers arises that justifies suspension in that case.
2. Ink Panthers is authorized to suspend the fulfillment of its obligations as soon as the Client fails to comply with any obligation arising from the Agreement, including late payment of its invoices. The suspension will be immediately confirmed to the Client in writing.
3. In that case, Ink Panthers is not liable for damage, for whatever reason, as a result of the suspension of its activities.
4. The suspension (and/or dissolution) does not affect the Client's payment obligations for work already carried out. In addition, Client is obliged to compensate Ink Panthers for any financial loss suffered by Ink Panthers as a result of Client's default.
Article 14 Force majeure
1. Ink Panthers is not liable if it is unable to fulfill its obligations under the Agreement as a result of a force majeure situation.
2. Force majeure on the part of Ink Panthers is in any case understood, but is not limited to: (i) force majeure of suppliers of Ink Panthers, (ii) the failure to properly comply with obligations of suppliers that the Client or its third parties prescribed or recommended to Ink Panthers, (iii) defective software or any third parties involved in the performance of the service, (iv) government measures, (v) malfunction of electricity, internet, data network and/or telecommunication facilities, (vi) illness employees of Ink Panthers or consultants engaged by it and (vii) other situations that, in the opinion of Ink Panthers, fall outside its sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.
3. In the event of force majeure, both Parties have the right to dissolve the Agreement in whole or in part. In that case, all costs incurred before the termination of the Agreement will be paid by the Client. Ink Panthers is under no obligation to compensate Client for any losses caused by such withdrawal.
Article 15 Limitation of Liability
1. If any result stipulated in the Agreement is not achieved, a shortcoming of Ink Panthers will only be deemed to exist if Ink Panthers does not accept this result when accepting the Agreement. expressly promised the Agreement.
2. In the event of an attributable shortcoming on the part of Ink Panthers, Ink Panthers is only obliged to pay any compensation if the Client has given Ink Panthers notice of default within 14 days after discovery of the shortcoming and Ink Panthers has not subsequently remedied this shortcoming within a reasonable period of time. restored. The notice of default must be submitted in writing and contains such an accurate description/substantiation of the shortcoming, so that Ink Panthers is able to respond adequately.
3. If the provision of Services by Ink Panthers leads to liability on the part of Ink Panthers, that liability is limited to the total amount invoiced under the Agreement, but only with regard to the direct damage suffered by the Client, unless the damage exceeds the is the result of willful misconduct or recklessness bordering on willful misconduct on the part of Ink Panthers. Direct damage is understood to mean: reasonable costs incurred to limit or prevent direct damage, to determine the cause of damage, the direct damage, the liability and the method of recovery.
4. Ink Panthers expressly excludes all liability for consequential damages. Ink Panthers is not liable for indirect damage, trading loss, loss of profit and/or loss suffered, lost savings, damage due to business interruption, loss of capital, damage due to delay, interest damage and immaterial damage.
5. The Client indemnifies Ink Panthers against all third-party claims as a result of a defect as a result of a service provided by the Client to a third party that also consisted of Services provided by Ink Panthers, unless the Client can demonstrate that the damage was exclusively caused by the service of Ink Panthers.
6. Any advice provided by Ink Panthers, based on incomplete and/or incorrect information provided by the Client, is never grounds for liability on the part of Ink Panthers.
7. The content of the advice delivered by Ink Panthers is not binding and only advisory in nature. The Client decides itself and on its own responsibility whether it will follow the proposals and advice of Ink Panthers stated herein. All consequences arising from following the advice are for the account and risk of the Client. The Client is at all times free to make its own choices that deviate from the advice provided by Ink Panthers. Ink Panthers is not bound by any form of refund if this is the case.
8. If a third party is engaged by or on behalf of the Client, Ink Panthers is never liable for the actions and advice of the third party engaged by the Client, as well as the processing of results (of advice drawn up) of the third party engaged by the Client in Ink Panthers' own advice. .
9. Ink Panthers does not guarantee correct and complete transmission of the content of and by/on behalf of Ink Panthers e-mail, nor for the timely receipt thereof.
10. All claims of the Client due to shortcomings on the part of Ink Panthers lapse if they have not been reported in writing and with reasons to Ink Panthers within one year after the Client became aware or could reasonably have become aware of the facts on which it bases its claims. One year after the termination of the Agreement between the parties, the liability of Ink Panthers will expire.
Article 16 Intellectual Property Rights
1. All IP rights and copyrights of Ink Panthers, including but not limited to all designs, models, reports and advice, are vested exclusively in Ink Panthers and are not transferred to the Client unless expressly agreed otherwise._cc781905-5cde-3194 -bb3b-136bad5cf58d_
2. If it has been agreed that one or more of the aforementioned goods or works of Ink Panthers will be transferred to the Client, Ink Panthers is entitled to conclude a separate Agreement for this and to demand appropriate monetary compensation from the Client. Such compensation must be paid by the Client before it acquires the relevant goods or works with the IP rights attached to them.
3. The Client is prohibited from disclosing and/or multiplying, changing or making available to third parties (including use for commercial purposes) all documents and software on which the IP rights and copyrights of Ink Panthers rest without explicit prior written permission. permission from Ink Panthers. If the Client wishes to make changes to items delivered by Ink Panthers, Ink Panthers must explicitly agree to the proposed changes.
4. The Client is prohibited from using the goods and documents on which the intellectual property rights of Ink Panthers rest other than as agreed in the Agreement.
5. The parties will inform each other and take joint measures if an infringement of the IP rights occurs.
Article 17 Disclaimer and Accuracy of Information
1. The Client itself is responsible for the correctness, reliability and completeness of all data, information, documents and/or records, in whatever form, that it provides to Ink Panthers in the context of an Agreement, as well as for the data it receives from obtained by third parties and provided to Ink Panthers for the purpose of performing the Service.
2. The Client indemnifies Ink Panthers against any liability resulting from non-compliance or late compliance with the obligations with regard to the timely provision of all correct, reliable and complete data, information, documents and/or records.
3. The Client indemnifies Ink Panthers against all claims from the Client and third parties engaged by it or working under it, as well as from customers of the Client, based on the failure to obtain (timely) any permissions required in the context of the implementation of the Agreement._cc781905 -5cde-3194-bb3b-136bad5cf58d_
4. The Client indemnifies Ink Panthers against all third-party claims arising from the work performed for the Client, including but not limited to intellectual property rights to the data and information provided by the Client that can be used in the performance of the Agreement and /or the acts or omissions of the Client towards third parties.
5. If the Client provides electronic files, software or information carriers to Ink Panthers, the Client guarantees that these are free of viruses and defects.
Article 18 Complaints
1. If the Client is not satisfied with the service of Ink Panthers or otherwise has complaints about the performance of its assignment, the Client is obliged to report these complaints as soon as possible, but no later than 7 calendar days after the relevant reason that led to the complaint. report. Complaints can be reported orally or in writing via info@ink-panthers.com with the subject “Complaint”.
2. The complaint must be sufficiently substantiated and/or explained by the Client if Ink Panthers is to be able to handle the complaint.
3. Ink Panthers will respond substantively to the complaint as soon as possible, but no later than 7 calendar days after receipt of the complaint.
4. Parties will try to reach a solution together.
Article 19 Applicable law
1. The legal relationship between Ink Panthers and the Client is governed by Dutch law.
2. Ink Panthers has the right to change these general terms and conditions and will inform the Client thereof.
3. In case of translations of these general terms and conditions, the Dutch version is leading.
4. All disputes arising from or as a result of the Agreement between Ink Panthers and the Client will be settled by the competent court of the Limburg District Court, location Roermond, unless provisions of mandatory law designate another competent court.
Really, May 12, 2020