General Terms and Conditions
1. DEFINITIONS
The following terms are used in these General Terms and Conditions.
1.1 Inksane Tattoo has 4 branches: ardooisesteenweg 166, 8800 Roeselare; casinostraat 39, 9100 Sint-Niklaas; drukpersstraat 3, 1000 Brussels and onderstraat 53, 9000 Ghent. Hereinafter referred to as Inksane.
1.2 Client: the natural person, who gives an order to Inksane to have a tattoo or piercing treated by Inksane or to whom Inksane provides products or services.
1.3 Agreement : any agreement between Inksane 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 Inksane and the Client, in which Inksane acts as (potential) seller and/or supplier of products and/or services. Deviations from these General Terms and Conditions can only be made in writing and with the express consent of Inksane.
2.2 All deliveries of products and/or services by Inksane are provided without exception by, under contract, Inksane persons and never by the separately acting persons engaged by or on behalf of Inksane, such as guest tattooists.
2.3 The Client entering into an Agreement with Inksane expressly agrees to these General Terms and Conditions used by Inksane
3. OWN RESPONSIBILITY AND OWN RISK
3.1 All assignments from the Client to Inksane are made at the Client's own responsibility and risk.
3.2 By ordering Inksane 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 Inksane can never be completely or cosmetically removed.
3.3 By instructing Inksane 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 Inksane'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 Inksane in a well-considered manner.
3.5 In the event that the person wishing to be treated by Inksane is between the ages of 16 and 18, treatment/delivery by Inksane 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 Inksane does not treat children under the age of 16 without parent/guardian consent.
3.7 Inksane 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, Inksane is entitled to refuse the assignment.
4. LIABILITY
4.1 By placing an order with Inksane, the Client acknowledges that Inksane has an obligation of effort. Inksane will make its best efforts to achieve the intended result. Inksane can never guarantee that the intended result will actually be achieved. Inksane 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 Inksane is found liable for any loss suffered by the Client, compensation will be limited to the amount Inksane 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 Inksane in this regard of all relevant information as soon as reasonably possible.
4.4 Inksane stipulates all legal and contractual defenses, which it may invoke to ward off its own liability towards the Client.
5. WARRANTY
Inksane uses only colors/dyes for tattooing that have been verified and are under the control of the applicable Ministry of Health,
A deposit is always requested at the time of booking.
Only when booked appointments are canceled min. 2 business days in advance, the deposit can be retained, otherwise it expires.
For guest artists, the deposit always expires upon cancellation.
Advance payments are NEVER refunded, but can only be recovered in the form of a gift certificate (valid for 1 year) or you can leave it in our system for a subsequent tattoo (valid indefinitely)
6. APPLICABLE LAW/COMPETENT COURT
6.1 Belgian law applies to these General Terms and Conditions, as well as to all agreements to which the General Terms and Conditions apply or co-apply.
6.2 Disputes between Inksane and the Client, arising from the agreements to which the General Terms and Conditions apply or partly apply, will be tried exclusively by the competent court of the Courthouse in Kortrijk, except if Inksane, as the claimant or requesting party, explicitly chooses the competent court of the Client's place of residence or establishment.
7. CONVERSION
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
Having a tattoo done by Inksane is at all times at your own risk both by verbal and written agreement.
DISCLAIMER RISKS
Don't get a tattoo:
- In places where you have had plastic surgery or radiation in the past year;
- On a scar that is less than a year old;
- in a spot tattooed less than six weeks ago;
- in a place where a tattoo was lasered away less than three months ago;
- On irritated skin such as bumps, dark moles or swelling;
- If you are under the influence of alcohol or drugs;
- If you are allergic to tattoo materials or ink.
In addition, it is not recommended to get a tattoo if any of the following situations apply to you:
- diabetes
- problems with blood clotting
- chronic skin disease
- a lowered immune system
- cardiovascular abnormalities
- pregnancy or breastfeeding
Do any of these situations apply to you but you still want to get a tattoo? If so, we strongly recommend that you discuss your plans for a tattoo with your treating physician first. Your doctor has the best insight into the stability of your physical condition (with or without the use of medication). This allows him or her to best assess what the risks are when you get a tattoo. In addition, read through the advice below, which contains some additional explanation about the risks of getting a tattoo in your situation.
ADVICE FOR PEOPLE WITH DIABETES
- Make sure your hemoglobin A1c level and overall blood glucose level are under control before you get tattooed. This will reduce your chances of developing a wound infection or inflammation during and after tattooing. To be sure of the correct level, it's best to prick yourself right before getting tattooed.
- In general, discuss your plans for tattooing with your attending physician first.
ADVICE FOR PEOPLE WITH BLOOD CLOTTING DISEASES AND PEOPLE TAKING ANTICOAGULANTS
- If you have a blood clotting disorder or are taking anticoagulants, your skin may bleed faster during tattooing and bleed longer than other people. To minimize the risk of serious bleeding, large tattoos are not recommended. If you do want a large tattoo, preferably have it done in several passes.
- In general, discuss your plans for getting a tattoo with your attending physician first. After all, your doctor is the best judge of the status of your blood values.
ADVICE FOR PEOPLE WITH CHRONIC SKIN DISEASE
- In the case of a chronic skin disease (such as psoriasis or sarcoidosis in the skin, for example), there is a chance that you may also develop your skin symptoms in the area you have had tattooed. This is called the Koebner phenomenon. To reduce the chances of this, it is not recommended that you get a tattoo at times when your skin disease is very active. And also preferably do not get a tattoo in places where your skin disease is frequent.
- If you have ever had melanoma (skin cancer), or it runs in your family, it is not recommended to get a tattoo. On tattooed skin, new melanomas are harder to detect at an early stage.
- In general, discuss your plans for tattooing with your attending physician first.
ADVICE FOR PEOPLE WITH IMMUNE DISORDERS OR MEDICATIONS THAT CAN WEAKEN THE IMMUNE SYSTEM
- Even when done safely and hygienically, you are at risk of infection when getting a tattoo. If you have an immune disorder (this includes leukemia) or are taking medications that can weaken the immune system, this risk is increased. Therefore, always discuss your plans for getting a tattoo with your attending physician first.
ADVICE FOR PEOPLE WITH CARDIOVASCULAR DISEASE
- If you have a heart or vascular disease, there is a risk that tattooing can cause endocarditis (an infection of the inner wall of the heart). Because of this risk, it is not recommended that you get a tattoo if you do not have your heart condition under optimal control.
- In general, always discuss your plans for tattooing with your attending physician first.
ADVICE FOR PREGNANT AND BREASTFEEDING WOMEN
- Do not get a tattoo if you are pregnant or breastfeeding. Not all risks surrounding tattooing for pregnant women are known. In addition, should you get an infection as a result of the tattoo, you should not take certain anti-infection medications because of the risk to your (unborn) child.
- The aftercare treatment is given at the end of your tattoo.
- The tattoo will be charged on the day.