Tattoo-Vouchers

THESE TERMS

What these terms cover. These are the terms and conditions on which we supply Products and/or Services to you.

Why you should read them. Please read these Terms of Service carefully before you submit your order to us. These Terms of Service tell you who we are, how we will provide the Products and/or Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

Are you a tattoo artist or a consumer? In some areas you will have different rights under these Terms of Service depending on whether you are a business (tattoo artist) or consumer. You are a consumer if:

• you are an individual (not engaged in providing tattoo services); or
• you are buying Products and/or Services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

If you are a tattoo artist this is our entire agreement with you. If you are a tattoo artist these Terms of Service constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms of Service and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement. These Terms of Service apply to the Services to the exclusion of any other terms that the tattoo artist seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing

We may make changes to these Terms of Service. We amend these Terms of Service from time to time. Every time you wish to use our Services and/or buy our Products, please check these Terms of Service to ensure you understand the terms that apply at that time.

To use the Services and/or buy the Products, you must be 18 years of age or older. You warrant that you are the legal age of majority (18) and that you are capable of entering into a legally binding agreement to use the Services and/or buy the Products. If you are under the age of 18, you must have your parent or legal guardian’s permission to use our Services and/or buy our Products. Please have your parent or guardian read these Terms of Service with you. If you are a parent or legal guardian and you allow your child to use our Services and/or buy our Products, these Terms of Service apply to you and you are responsible for your child’s use of the Services and/or purchase of the Products.

Who we are. We are HLSV Limited trading as The Black Hat Tattoo (“we” or “us” or “Black Hat Tattoo”) a company incorporated in Ireland. Our company registration number is 629421 and our registered office is at 11/12 Parnell Street, Dublin 1, Ireland. Our registered VAT number is 3566256BH.

How to contact us. You can contact us by writing to us at hello@blackhatdublin.com or on our website theblackhattattoo.com.

How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order/booking form.

“Writing” includes emails. When we use the words “writing” or “written” in these Terms of Service, this includes emails.

Definitions. In the Terms of Service, the following expressions have the following meanings unless the context otherwise requires:

“Applicable Law” means (i) any and all laws, statutes, regulations, by-laws, orders, ordinances and court decrees that apply to the performance, supply and use of the Products and/or Services; and (ii) the terms and conditions of any approvals, consents, exemptions, fillings, licences, authorities, permits, registrations or waivers issued or granted by, or any binding requirement, instruction, direction or order of, any applicable government department, authority or agency having jurisdiction in respect of that matter.

“Content” means any information, files, data, materials, articles, publications, images, artwork, media, videos, audio and other recordings, comments or other content of any kind.

“Data Protection Legislation” means all Applicable Law, including the GDPR, any binding codes of practice or regulations or other legislation made under or separate to the GDPR relating to the Processing of Personal Data.

“EEA” means the European Economic Area.

“GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data as applicable as of 25 May 2018, as may be amended from time to time.

“Intellectual Property Rights” means patents, utility models, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

“Personal Data” has the meaning given to it in the GDPR.

“Processing” with regard to Personal Data, has the meaning given to it in the GDPR and the expression “process” shall be construed accordingly.

“Products” means the goods available for purchase from Black Hat Tattoo on its website.

“Services” means the services provided by Black Hat Tattoo to a tattoo artist or consumer pursuant to these Terms of Service.

The order/booking constitutes an offer by you to purchase the Products and/or Services in accordance with these Terms of Service.

The order shall only be deemed to be accepted when we email you to accept it, at which point a contract will come into existence between you and us.

Any drawings, descriptive matter or advertising issued by us are issued or published for the sole purpose of giving an approximate idea of the Products or Services described in them. They shall not form part of the contract or have any contractual force.

Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your product may vary slightly from those images.

Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

We will endeavour to provide the conduit for tattoo artists and consumers to connect with a view to using our space for your tattoo requirements. We do not have any affiliation or association with any of the tattoo artists that provide their services, nor do we guarantee the quality of the tattoo and/or services provided to you by the tattoo artist. We do not guarantee payments between the tattoo artist and/or consumer.

Gift vouchers purchased from us after the 2^nd of December 2019 are valid for a period of 5 years from the date of purchase of the gift voucher. Gift vouchers purchased before the 2^nd of December 2019 are valid for 1 year from the date of purchase.

You must retain your gift voucher and keep it safe as we will not replace and/or refund any lost or stolen gift voucher.

Gift vouchers are non-refundable and cannot be exchanged for cash in part or full.

We require a non-refundable deposit for the use of our Services. If you wish to amend or cancel your booking you must give us at least 48 hours’ notice in advance of your scheduled appointment/booking.

Delivery costs. The costs of delivery will be as displayed to you on our website.

When we will provide the services.

• • Products. If the products are goods, we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
  • If the products are one-off Services. We will provide the Services on the date agreed with you during the order process.

We are not responsible for delays outside our control. If our supply of the Products and/or Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.

If you are not at home when the product is delivered. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.

If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.

When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.

When you own goods. You own a product which is goods once we have received payment in full.

What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products and/or the Services to you, for example, your address. If so, this will have been stated in the description of the Products and/or the Services on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products and/or Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

Reasons we may suspend the supply of Products and/or Services to you. We may have to suspend the supply of a Product and/or Services to:

• • deal with technical problems or make minor technical changes; or
  • update the Product and/or the Services to reflect changes in relevant laws and regulatory requirements.

We may also suspend supply of the Products and/or Services if you do not pay. If you do not pay us for the Products and/or Services when you are supposed to (see clause 4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the Products and/or Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products and/or Services. As well as suspending the Products and/or Services we can also charge you interest on your overdue payments (see clause 12.5).

We shall use reasonable endeavours to supply the Products and/or Services in accordance with these Terms of Service in all material respects.

If you are a tattoo artist. The tattoo artist shall:

• • co-operate with us in all matters relating to the supply of the Services;
  • ensure that his/her equipment is in good working order and suitable for the purposes for which it is used;
  • obtain and maintain all necessary licences and consents and comply with all relevant legislation as required to enable us to provide the Services;
  • observe all health and safety and security requirements that apply at our premises;
  • keep and maintain our equipment in accordance with our instructions from time to time and shall not dispose of or use our equipment other than in accordance with our written instructions or authorisation;
  • provide your services with all reasonable care and in accordance with all Applicable Laws; and
  • be fully responsible for any queries, complaints or claims arising in relation to the tattoo services provided by you to a consumer

In relation to the Products and Services:

• • we retain ownership of all Intellectual Property Rights in the Products and Services; and
  • we grant to the tattoo artist a non-exclusive, royalty-free, non-sublicensable, revocable licence for the term of the Services to use our Intellectual Property Rights for the purpose of using the Services in its business.
  • you grant to us a non-exclusive, royalty-free, perpetual licence to use your pictures, images, videos and/or artwork of the tattoos for the purpose of promoting our business and/or our Services;
  • you warrant that the Content is your work and/or you have all necessary permissions and authority to publish and make available the Content to us and that to the best of your knowledge, your Content does not infringe upon the Intellectual Property Rights of any third party;

In using the Services, you agree to comply with our mandatory policies with regard to your use of the space.

You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

• • If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
  • If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
  • If you have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
  • In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.6.

Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 6.2.1 the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:

• • we have told you about an upcoming change to the Product or these Terms of Service which you do not agree to (see clause 2);
  • we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
  • there is a risk that supply of the Products may be significantly delayed because of events outside our control; or
  • you have a legal right to end the contract because of something we have done wrong.

Exercising your right to change your mind if you are a consumer. If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund.

When consumers don’t have the right to change their minds. Your right as a consumer to change your mind does not apply in respect of:

• • Services, once these have been completed, even if the cancellation period is still running; or
  • Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.

How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.

• • Have you bought Services (for example, space booking)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if the period is still running.
  • Have you bought Products (for example, clothing)? if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
  • Your Products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for Products is completed when the Product is delivered and paid for. A contract for Services is completed when we have finished providing the Services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at hello@blackhatdublin.com. Please provide your name, address, details of the order and, where available, your phone number and email address.

Returning Products after ending the contract. If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either return the goods by posting them back to us at 11 Parnell Street, Dublin1 or (if they are not suitable for posting) allow us to collect them from you. Please email us at hello@blackhatdublin.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

When we will pay the costs of return. We will pay the costs of return:

• • if the Products are faulty or misdescribed; or
  • if you are ending the contract because we have told you of an upcoming change to the Product, the Services or these Terms of Service, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

What we charge for collection. If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection.

How we will refund you. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:

• • We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
  • The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
  • Where the product is Services, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.2.

In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

We may end the contract if you break it. We may end the contract for a Product and/or Services at any time by writing to you if:

• • you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
  • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
  • you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us; or
  • you are a tattoo artist and you do not comply with any of your obligations under clause 10.12 of these Terms of Service.

You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for Products we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract.

We may withdraw the product. We may write to you to let you know that we are going to stop providing the Product and/or Services. We will let you know at least 5 days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.

How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can write to us at hello@blackhatdublin.com.

Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call email us at hello@blackhatdublin.com for a return label or to arrange collection.

Where to find the price for the Product. The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the Product you order.

Charges and payment for the Products and/or Services. In consideration of the provision of the Products and/or Services by Black Hat Tattoo, the consumer and/or the tattoo artist shall pay the fees as displayed on our website.

We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Product and/or Services, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

When you must pay and how you must pay. We accept payment with all major credit and debit cards. When you must pay depends on what product you are buying:

• • For Products, you must pay for the Products before we dispatch them. We will not charge your credit or debit card until we dispatch the Products to you.
  • For Services, you must pay a non-refundable deposit before we start providing them. We will invoice you for the balance of the price of the Services when we have completed them. You must pay each invoice immediately on receipt.

Our right of set-off if you are a tattoo artist. If you are a tattoo artist you must pay all amounts due to us under these Terms of Service in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the EURIBOR’S base rate from time to time or at a rate of 4% at any time where the EURIBOR rate is below zero. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us immediately to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

While we do not exclude or limit in any way our liability to you where it would be unlawful to do so, in no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Products and/or Services.

If you are a tattoo artist, we exclude all implied conditions, warranties, representations or other terms that may apply to our Services.

To the maximum extent permitted by Applicable Law, our total liability to you shall be limited to the amount of booking fee paid by you (if any) within the six-month period preceding the event that gave rise to the claim or €100, whichever is lower.

In no event shall we, our employees, agents and/or sub-contractors be liable to you for any loss, liability, damages, claims or expenses to the extent arising as a result of your use of the Products and/or Services in a manner contrary to the instructions given by us.

If you are a consumer, this will not affect your statutory rights.

The information, Products and Services are presented to you “as is” without any warranty and are for information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the applications, information, Products, Services, or related graphics for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

All representations, warranties, terms and conditions whether express or implied in relation to the Products and Services or the information contained therein are hereby excluded to the fullest extent permitted by law.

You agree and understand that we do not warrant that:

• • the Products and Services will meet your specific requirements;
  • the Services will be uninterrupted, timely or secure;
  • the quality of the Products, Services, information or other material purchased or obtained by you will meet your expectations; and
  • any errors in the Services will be corrected.

You agree to indemnify and hold harmless us from any claim or demand, including without limitation reasonable legal fees, arising out of or in connection with any negligent or wilful act by you or any breach by you of these Terms of Service, including any breach of warranty by you or failure to comply with applicable Data Protection Legislation.

The Products and/or Services cannot be provided without Processing data and personal information about you. Processing of the data you agree to share with us is essential to the Products and/or Services which we provide and a necessary part of our performance of the contract we have with you. For more information on our Processing activities, please see our privacy policy.

To use the Services or buy our Products, you must

• • provide your full legal name, a valid email address and contact number, and any other information reasonably required to complete a booking;
  • meet the age requirements to buy our Products and/or use our Services;
  • be a human being. Bookings made by “bots” or other automated methods are not permitted; and
  • comply with these Terms of Service, including our Space Rules.

When you make a booking or buy Products from us you enter into a contract with us. In order for us to perform that contract and make the Services available to you, we will be required to collect, Process and store certain Personal Data about you. This Processing is necessary for the performance of our contract with you or in order to take steps at your request prior to entering into the contract.

We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. Some of these third parties may provide their services from locations outside the EEA. This means your Personal Data may be shared with our authorised third party vendors and stored on their servers for these purposes.

You understand that the technical Processing and transmission of the Services, including your Content, involves:

• • transmissions over various networks;
  • Processing of Personal Data both within and outside the EEA; and
  • changes to confirm and adapt to technical requirements of connecting networks and devices

You agree to the transmission of your Personal Data to, and Processing of your Personal Data by us and our authorised third-party vendors for these purposes.

The Black Hat Tattoo and tattoo artist acknowledge and agree that where a party Processes Personal Data under or in connection with these Terms of Service it alone determines the purposes and means of such Processing as a controller.

The Black Hat Tattoo and tattoo artist shall comply with the provisions of the Data Protection Legislation.

We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Service to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 10 days of us telling you about it and we will refund you any payments you have made in advance for Products not provided.

Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Service, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.

Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These Terms of Service are governed by Irish law and you can bring legal proceedings in respect of the Products in the Irish courts.

Which laws apply to this contract and where you may bring legal proceedings if you are a tattoo artist. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland and the courts of Ireland shall have exclusive jurisdiction to settle any such dispute or claim.

Force majeure. Black Hat Tattoo shall not be in breach of these Terms of Service nor liable for delay in performing, or failure to perform, any of its obligations under these Terms of Service if such delay or failure result from events, circumstances or causes beyond its reasonable control.