Terms and Conditions
Table of Contents
Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in the Event of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Performance and Guarantee
Article 11 – Delivery and Execution
Article 12 – Duration Transactions: Term, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions
Article 1 – Definitions
For the purposes of these General Terms and Conditions, the following definitions shall apply:
Cooling-off Period: the period within which the consumer may exercise their right of withdrawal.
Consumer: the natural person who is not acting in the exercise of a trade, business, craft, or profession and who enters into a distance contract with the entrepreneur.
Day: calendar day.
Continuing Performance Contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a certain period of time.
Durable Medium: any instrument that enables the consumer or the entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of Withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.
Model Withdrawal Form: the form provided by the entrepreneur which the consumer may use when they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
Distance Contract: an agreement concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication.
Means of Distance Communication: a method which can be used for concluding a contract without the simultaneous physical presence of the consumer and the entrepreneur.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Prior to the conclusion of the distance contract, the text of these General Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the distance contract is concluded, indicate that the General Terms and Conditions can be inspected at the entrepreneur’s business premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the preceding paragraph, the text of these General Terms and Conditions may be provided to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it shall be indicated before the conclusion of the distance contract where the General Terms and Conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
In the event that specific product or service conditions apply in addition to these General Terms and Conditions, paragraphs 2 and 3 shall apply by analogy, and in the event of conflicting provisions, the consumer may always rely on the provision that is most favourable to them.
Should one or more provisions of these General Terms and Conditions be void or declared null at any time, the remaining provisions shall remain in full force and effect, and the void or null provision shall be replaced by a provision that approximates the intent and purpose of the original provision as closely as possible.
Situations not provided for in these General Terms and Conditions shall be assessed “in the spirit” of these General Terms and Conditions.
Ambiguities concerning the interpretation or content of one or more provisions of these General Terms and Conditions shall be interpreted “in the spirit” of these General Terms and Conditions.
Article 4 – The Offer
If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
The offer is non-binding. The entrepreneur reserves the right to amend or withdraw the offer.
The offer shall contain a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these shall be a true representation of the products and/or services offered. Obvious mistakes or manifest errors in the offer shall not bind the entrepreneur.
All images, specifications, and data included in the offer are indicative and shall not give rise to any claim for damages or termination of the agreement.
Product images are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colours displayed exactly match the actual colours of the products.
Each offer shall contain such information that it is clear to the consumer which rights and obligations are attached to the acceptance of the offer. This shall include, but not be limited to:
the price including taxes;
any applicable shipping costs;
the method by which the agreement will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the contract;
the period for accepting the offer or the period within which the entrepreneur guarantees the price;
the rate of distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract will be archived after its conclusion and, if so, how it can be accessed by the consumer;
the manner in which the consumer can, before concluding the contract, verify and, if desired, correct the data provided by them;
any languages, in addition to Dutch, in which the contract may be concluded;
the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 – The Agreement
Subject to the provisions of paragraph 4, the agreement shall be concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer is able to make electronic payments, the entrepreneur shall implement appropriate security measures.
The entrepreneur may, within the limits of the law, obtain information about whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, based on such investigation, the entrepreneur has legitimate grounds not to enter into the agreement, the entrepreneur is entitled to refuse an order or request, or to make its execution subject to special conditions, while stating the reasons.
The entrepreneur shall provide the consumer, together with the product or service, with the following information in writing or in such a way that it can be stored by the consumer on a durable medium:
the business address of the entrepreneur’s establishment to which the consumer may address complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or, where applicable, clear information that the right of withdrawal does not apply;
information about existing guarantees and after-sales services;
the data referred to in Article 4, paragraph 3 of these Terms and Conditions, unless the entrepreneur has already provided this information to the consumer prior to the performance of the contract; and
the requirements for termination of the agreement, if the contract has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the preceding paragraph shall apply only to the first delivery.
Every agreement shall be concluded subject to the suspensive condition of sufficient availability of the relevant products.
Cancellation after placing an order:
Once an order has been placed, it cannot be cancelled. This is because we cooperate with a fulfilment partner that immediately prints shipping labels and prepares the parcel for dispatch. Therefore, orders cannot be cancelled once processed. We do not accept responsibility if an incorrect or incomplete shipping address has been provided by the customer. It is the customer’s responsibility to contact the delivery partner to correct the address. If this is unsuccessful, no refund can be issued.
Article 6 – Right of Withdrawal
A. For Delivery of Products
When purchasing products, the consumer has the right to dissolve the agreement without giving any reason within 14 days. This cooling-off period begins on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product.
During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. If the consumer exercises their right of withdrawal, they shall return the product to the entrepreneur, together with all supplied accessories and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. Notification shall be made using the model withdrawal form or by any other unambiguous means (e.g., via email). After notifying the entrepreneur, the consumer shall return the product within 14 days. The burden of proof for timely return lies with the consumer, for example, by providing proof of shipment.
If the consumer has not expressed their intention to exercise the right of withdrawal within the prescribed period or has not returned the product within the period referred to in paragraphs 2 and 3, the purchase shall be deemed final.
Responsibility for Address and Delivery
Incorrect Address Input: The customer is fully responsible for providing the correct delivery address at the time of purchase. The entrepreneur shall not be held liable for delays, losses, or damages to the order resulting from an incorrectly entered address by the customer.
Name on Mailbox: It is the customer’s responsibility to ensure that the name on the mailbox corresponds to the name of the recipient. Mismatched names may result in delivery failure.
Refusal of Delivery: If the customer refuses to accept the parcel upon delivery, for any reason, they are not entitled to a refund. If the customer does not wish to keep the parcel, they must accept it and return it to TKTX Tattoo. A return form can be requested by email.
Reshipment: If the customer wishes to have the parcel resent after incorrect delivery or refusal, reshipment can be arranged for a fee of €7.99, which covers the cost of redelivery.
Cancellation After Ordering: Orders cannot be cancelled once placed, as they are processed immediately by an external fulfilment partner. The entrepreneur accepts no liability for cancellations after order placement.
Not at Home – Collection at Pickup Point: If the customer is not present at the time of delivery and the parcel is delivered to a pickup location, the customer is responsible for collecting it within the designated timeframe. Failure to collect the parcel in time may result in loss, return, or forfeiture of refund eligibility. Should the customer still wish to receive the parcel after failing to collect it, reshipment may be arranged for a €6.99 fee.
By placing an order, the customer acknowledges and accepts the above terms concerning delivery address responsibility and shipping conditions. The entrepreneur reserves the right to amend these terms at any time without prior notice.
B. For Delivery of Services
In the case of service delivery, the consumer has the right to dissolve the contract without stating reasons within a minimum of 14 days, commencing on the day the agreement is concluded.
To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.
Article 7 – Costs in the Event of Withdrawal
If the consumer exercises their right of withdrawal, they shall bear, at most, the direct costs of returning the goods.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. The refund will only be made once the returned goods have been received by the entrepreneur, or if the consumer provides conclusive evidence that the goods have been returned.
The refund will be processed using the same payment method used by the consumer, unless the consumer expressly agrees to a different method.
If the returned product is damaged due to improper handling by the consumer, the consumer shall be liable for any resulting depreciation in value.
The consumer shall not be held liable for depreciation in value of the product if the entrepreneur failed to provide all legally required information about the right of withdrawal prior to the conclusion of the contract.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products and services as described in paragraphs 2 and 3 below. The exclusion of the right of withdrawal shall only be valid if this has been clearly stated in the offer, or at least in good time prior to the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
that are made to the consumer’s specifications;
that are clearly of a personal nature;
that cannot be returned due to their nature;
that can spoil or age rapidly;
whose price depends on fluctuations in the financial market over which the entrepreneur has no control;
that consist of individual newspapers or magazines;
for audio or video recordings or computer software of which the consumer has broken the seal;
for hygiene-related products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
relating to accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period;
whose performance has begun with the consumer’s explicit consent before the expiry of the withdrawal period;
concerning betting and lotteries.
Article 9 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price adjustments resulting from changes in VAT rates.
Notwithstanding the preceding paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur’s control at variable prices. This link to market fluctuations and the fact that any stated prices are indicative shall be mentioned in the offer.
Price increases within three months after the conclusion of the contract are permitted only if they result from statutory provisions or regulations.
Price increases from three months after the conclusion of the contract are only permissible if:
they result from statutory provisions or regulations; or
the consumer is entitled to terminate the contract as of the date the price increase takes effect.
The prices listed in the offer for products or services include VAT.
All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of such errors. In the event of printing or typographical errors, the entrepreneur shall not be obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Guarantee
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and usability, and the legal provisions and/or government regulations in force at the time of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for a use other than normal use.
Any guarantee offered by the entrepreneur, manufacturer, or importer shall not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within two (2) months after delivery. The returned products must be sent back in their original packaging and condition.
The warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty period. The entrepreneur shall, however, never be liable for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty shall not apply if:
the consumer has repaired and/or altered the delivered products themselves or has had them repaired and/or altered by third parties;
the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur’s instructions and/or the packaging instructions;
the defect arises wholly or partly from regulations imposed or to be imposed by public authorities regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur shall exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery shall be the address provided by the consumer to the entrepreneur.
Subject to what is stated in paragraph 4 of this article, the entrepreneur shall execute accepted orders with due speed but no later than within 30 days, unless a longer delivery period has been agreed upon with the consumer. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be informed of this within 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without cost and is not entitled to any compensation.
All delivery terms are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a delivery term does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur shall make reasonable efforts to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of returning such replacement items shall be borne by the entrepreneur.
The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.
Orders placed before 17:00 are aimed to be shipped the same day; however, this is not a binding guarantee. The entrepreneur strives to dispatch orders as quickly as possible but depends on third-party delivery services. On business days, customers can generally expect delivery within 1–2 working days. Delivery times may vary during weekends or public holidays.
Article 12 – Duration Transactions: Term, Termination, and Renewal
Termination
The consumer may terminate an open-ended agreement for the regular delivery of goods (including electricity) or the provision of services at any time, subject to the applicable termination rules and with a notice period of no more than one month.
The consumer may terminate a fixed-term contract for the regular delivery of goods (including electricity) or the provision of services at the end of the fixed period, subject to the agreed termination rules and with a notice period of no more than one month.
The consumer may terminate the agreements referred to in the preceding paragraphs:
at any time and without being restricted to termination at a specific time or during a specific period;
in the same manner as they were entered into; and
with the same notice period that the entrepreneur has stipulated for themselves.
Renewal
A fixed-term agreement for the regular delivery of goods (including electricity) or the provision of services may not be tacitly extended or renewed for a definite period.
Notwithstanding the preceding paragraph, a fixed-term agreement for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, provided that the consumer may terminate the extended agreement at the end of the extension period with a notice period of no more than one month.
A fixed-term agreement for the regular delivery of goods or the provision of services may only be tacitly extended for an indefinite period if the consumer is entitled to terminate it at any time with a notice period of no more than one month. The notice period shall not exceed three months in the case of agreements involving the regular but less than monthly delivery of daily or weekly newspapers and magazines.
A fixed-term introductory subscription agreement for the regular delivery of daily or weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall automatically end after the trial or introductory period expires.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month.
Article 13 – Payment
Unless otherwise agreed, amounts payable by the consumer must be settled within seven (7) business days after the start of the cooling-off period referred to in Article 6(1). In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.
The consumer has a duty to promptly report any inaccuracies in payment details provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory limitations, to charge the consumer reasonable costs previously made known to them.
Article 14 – Complaints Procedure
The entrepreneur shall have a sufficiently publicised complaints procedure in place and shall handle complaints in accordance with this procedure.
Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly described within two (2) months after the consumer has discovered the defects.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer may expect a more detailed reply.
If the complaint cannot be resolved by mutual agreement, a dispute shall arise that is subject to the dispute settlement procedure.
The consumer must first submit any complaint to the entrepreneur. If the webshop is affiliated with the Stichting WebwinkelKeur and the complaint cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Consumers can check via https://www.webwinkelkeur.nl/ledenlijst/ whether the webshop has an active membership.
If no resolution can be reached, the consumer has the option of having their complaint handled by the independent dispute resolution body of Stichting WebwinkelKeur. The decision of this body is binding, and both the entrepreneur and the consumer agree to abide by this binding decision. Submitting a complaint to this dispute committee involves costs that the consumer must pay to the relevant body.
It is also possible to submit complaints via the European ODR platform at http://ec.europa.eu/odr.
Filing a complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Contracts between the entrepreneur and the consumer to which these General Terms and Conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
Article 16 – Additional or Deviating Provisions
Additional or deviating provisions from these General Terms and Conditions shall not be to the detriment of the consumer and must be recorded in writing or in such a manner that the consumer can store them on a durable medium in an accessible form.