Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Supplementary agreement: an agreement whereby the consumer acquires products, digital content, or services in connection with a distance contract, and these goods are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur.

  • Cooling-off period: the period within which the consumer can make use of his right of withdrawal.

  • Consumer: the natural person who does not act for purposes related to his trade, business, craft, or professional activity.

  • Day: calendar day.

  • Continuing performance contract: an agreement aimed at the regular delivery of goods, services, and/or digital content over a certain period.

  • Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information addressed to him personally, in a way that makes future consultation or use possible during a period appropriate to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information.

  • Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.

  • Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance.

  • Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for the distance sale of products, digital content, and/or services, whereby up to and including the conclusion of the agreement, exclusive or partial use is made of one or more means of distance communication.

  • Means of distance communication: a tool that can be used for concluding an agreement without the consumer and entrepreneur having to be in the same room at the same time.

Article 3 – Applicability

3.1 These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.

3.2 Before the distance contract is concluded, 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 how the terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer upon request.

3.3 If the distance contract is concluded electronically, then contrary to the previous clause, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated where the terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.

3.4 If specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in case of conflicting conditions, the consumer may always rely on the provision most favorable to him.

Article 4 – The Offer

4.1 If an offer has a limited period of validity or is made under conditions, this shall be explicitly stated in the offer.

4.2 The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products, services, and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

4.3 Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.

Article 5 – The Agreement

5.1 The agreement, subject to the provisions in paragraph 4, is concluded at the moment the consumer accepts the offer and meets the associated conditions.

5.2 If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of 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.

5.3 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 secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

5.4 Within the limits of the law, the entrepreneur may verify whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly concluding the distance contract. If the entrepreneur has valid reasons, based on this investigation, not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to its execution.

5.5 The entrepreneur shall provide the following information to the consumer, in writing or in such a way that the consumer can store it on a durable data carrier, no later than at the time of delivery of the product, service, or digital content:

  • the entrepreneur’s e-mail address where the consumer can lodge complaints;

  • the conditions under which and the method by which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

  • information about warranties and existing after-sales service;

  • the total price including all taxes of the product, service, or digital content; delivery costs where applicable; and the method of payment, delivery, or execution of the distance contract;

  • the requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.

Article 6 – Right of Withdrawal

6.1 The consumer may dissolve a contract relating to the purchase of a product during a cooling-off period of 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal but may not oblige him to state his reason(s).

6.2 The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:

  • if the consumer ordered several products in one order: the day on which the consumer, or a designated third party, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order of several products with different delivery times;

  • if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a designated third party, has received the last shipment or part;

  • in the case of contracts for regular delivery of products during a defined period: the day on which the consumer, or a designated third party, has received the first product.

Article 7 – Obligations of the Consumer During the Cooling-off Period

7.1 During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The principle is that the consumer may handle and inspect the product only as he would be allowed to do in a shop.

7.2 The consumer is only liable for any diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.

Article 8 – Exercising the Right of Withdrawal by the Consumer and Costs Thereof

8.1 If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the cooling-off period by sending an email to Painlesstattoo.nl stating at least:

  • the reason for exercising the right of withdrawal;

  • the order number of the order concerned;

  • the products and/or services for which he wishes to exercise his right of withdrawal.

8.2 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This does not apply if the entrepreneur has offered to collect the product himself. The consumer has met the return deadline if he sends back the product before the cooling-off period has expired.

8.3 The consumer shall return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with reasonable and clear instructions provided by the entrepreneur.

8.4 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

8.5 The consumer bears the direct costs of returning the product.

8.6 If the consumer withdraws after first having explicitly requested that the performance of the service or the supply of digital content not supplied on a tangible medium begin during the cooling-off period, the consumer owes the entrepreneur an amount proportional to that part of the commitment that has been fulfilled at the time of withdrawal, compared to the full performance of the contract.

8.7 If the consumer exercises his right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

9.1 If the entrepreneur makes notification of withdrawal by the consumer possible electronically, he shall immediately send a confirmation of receipt upon receipt of this notification.

9.2 The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product back, or until the consumer proves that he has returned the product, whichever comes first.

9.3 The entrepreneur shall use the same means of payment that the consumer used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.

9.4 If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obliged to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

10.1 The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this at the time of the offer, or at least in good time before concluding the agreement:

  • Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.

Article 11 – The Price

11.1 During the period of validity stated in the offer, the prices of the offered products and/or services shall not be increased, except for changes due to VAT rates.

11.2 By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This binding to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

11.3 Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

11.4 Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

  • they result from statutory regulations or provisions; or

  • the consumer has the right to terminate the agreement as from the day on which the price increase takes effect.

11.5 The prices stated in the offer of products or services include VAT.

Article 12 – Performance of the Agreement and Extra Guarantee

12.1 The entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, with reasonable requirements of soundness and/or usability, and with existing statutory provisions and/or government regulations on the date of the conclusion of the agreement.

12.2 The entrepreneur does not guarantee that the product is suitable for any purpose other than normal use.

12.3 Any extra guarantee provided by the entrepreneur, its supplier, manufacturer, or importer shall never limit the legal rights and claims that the consumer may enforce against the entrepreneur under the contract if the entrepreneur has failed to fulfill his part of the agreement.

12.4 Extra guarantee means any undertaking by the entrepreneur, its supplier, importer, or manufacturer in which it grants the consumer rights or claims that go beyond what it is legally obliged to do if it has failed in the performance of its part of the agreement.

Article 13 – Delivery and Execution

13.1 The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

13.2 The place of delivery is the address provided by the consumer to the entrepreneur.

13.3 Taking into account what is stated in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders promptly but no later than within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will receive notification of this no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement free of charge and the right to possible compensation.

13.4 After dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer without delay.

13.5 The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative notified to the entrepreneur in advance, unless expressly agreed otherwise.

Article 14 – Payment

14.1 Unless otherwise stated in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or if there is no cooling-off period, within 14 days after the conclusion of the contract. In the case of a contract for the provision of a service, this period starts on the day after the consumer has received the confirmation of the agreement.

14.2 In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. Where advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order(s) or service(s) before the agreed advance payment has been made.

14.3 The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.

14.4 If the consumer does not timely meet his payment obligations, he is, after being notified by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a 14-day period to still fulfill his obligations, liable to pay statutory interest on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% of outstanding amounts up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.

Article 15 – Complaints Procedure

15.1 The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.

15.2 Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.

15.3 Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

Article 16 – Retention of Title

16.1 Ownership of delivered products shall not pass to the consumer until the consumer has paid the total amount due to the entrepreneur. The risk of the products passes to the consumer at the time of delivery.

Article 17 – Additional Provisions

17.1 Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.

17.2 The entrepreneur is entitled to amend these general terms and conditions. Amendments shall only take effect after they have been published, provided that in the case of applicable amendments during the term of an offer, the provision most favorable to the consumer shall prevail.