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Terms and Conditions 


1. INTRODUCTION

 

1.1 - These are the terms and conditions (T&Cs) upon which you purchase or use our tattooing services (our Services), and access or use www.kajsart.com, our social media channels, our newsletter communications and any other channels through which we promote our Services (our Site).

1.2 - The Site is owned and operated by Kajsa Andersson Rhodiner (trading as “KAJSART”) (our, we, us). To contact us, please email info@kajsart.com.

1.3 - By purchasing our Services (e.g., agreeing to receive a tattoo from us), or accessing our Site, you confirm that you accept these T&Cs and that you agree to comply with them. We may amend our T&Cs from time to time, so every time you wish to use our Services or Site, please check the current T&Cs to ensure you understand the T&Cs that apply at that time.

2. CONSENT & CAPACITY​
 

2.1 - Before you receive a tattoo from us, you will be required to complete a consent form. Upon submission of your consent form, you confirm that you have accurately and honestly completed the consent form and are competent to sign such form. You accept that where you notify us of a medical condition or any other circumstances that we, in our sole discretion, believes could put you at risk, we reserve the right to refuse to commence or continue to work on a tattoo and cannot be held liable for such decision, and your deposit may be forfeited.
2.2 - You also agree and acknowledge that by arriving to your appointment with us, you are confirming that you, at the time of arrival and (where applicable) for the duration of your appointment:
           a) Are over eighteen (18) years old, and will be able to provide valid proof of age and identification to us in the form of a passport or valid driving licence. We have full discretion as to whether to accept any provided identification, and will not accept parental consent under any circumstances;
           b) Are not pregnant or nursing;
           c) Are not currently, or have not recently been under the influence of alcohol, drugs, or any other substances (“Substances”) to the extent that your mental capacity is impaired at any time during your appointment with us;
           d) Are voluntarily submitting to be tattooed by us without duress or coercion;  
           e) Do not have any medical or skin conditions, including (but not limited to) acne, scarring (keloid), eczema, psoriasis, freckles, moles, or sunburn in or around the area(s) to be tattooed;
           f) Do not have a physical, mental, or medical impairment or disability which might affect your wellbeing as a direct result of your decision to have a tattoo;
and that if you are found to be in breach of any of these clauses, we reserve the right to refuse to commence or continue with your tattoo and you will still be obligated to make payment in full.
2.3 - You accept that we reserve the right to refuse to provide or continue with your tattoo during your appointment in light of rude, aggressive, intimidating or inappropriate behaviour. 

 

3. TATTOO DESIGNS AND COLOURING
 

3.1 - You accept that variations in colour and design may exist between any tattoo design(s) that you select and any tattoos that are ultimately applied to your body, and identical replication of designs is by no means guaranteed. In particular, where you have requested that we provide a tattoo to cover up any previous tattoo, we cannot guarantee that the previous tattoo will no longer be visible completely.
3.2 - You accept that if your skin colour is dark, the colours will not appear as bright as they do on light skin.
3.3 - You understand and accept that if you have any skin treatments, laser hair removal, plastic surgery or other skin altering procedures that affect areas of your body that have been tattooed, such treatments or procedures may result in adverse changes to your tattoo.
3.4 - You understand and accept that if any part of your tattoo involves tattooing over scar tissue, it is possible that some or all of the scar may remain visible through the tattoo and/or may not be covered by the tattoo depending on the design of the tattoo and location/shape/size of the scar.  You are advised to seek advice from a dermatologist before getting a tattoo over any scar tissue or birthmark, and by agreeing to a tattoo with us over any scar tissue or birthmark, you agree that you have had the opportunity to take professional advice and are happy to proceed with the tattoo on this area of skin.
3.5 - You agree that any touch up work to any tattoos that is needed as a result of your own negligence (in whole or in part) will only be carried out at your own expense.
3.6 - You acknowledge that a tattoo is a permanent change in your appearance and that no representations have been made to you as to the ability to later change or remove your tattoo. 
3.7 - You accept that we reserve the right to reject proposed tattoo designs for any reason, for example (but not limited to) if the design is or might be offensive.

 

4. BOOKINGS, PAYMENTS & REFUNDS

4.1 - All our tattoos are by appointment only. You are required to pay a deposit in order to secure your appointment. Details for the payment of the deposit will be sent to you in our booking confirmation email. 
4.2 - Once paid, your deposit is non-refundable.  If you need to reschedule your appointment, if you provide us with more than 6 days’ prior notice, we will transfer your deposit to your new appointment. However, if you wish to cancel 
your appointment with less than 14 days’ prior notice to your original appointment, you will lose your deposit. If your re-scheduled appointment takes place more than 6 months later than your original appointment, you agree that the price of your tattoo may increase (in line with any price increases we may have implemented during that time). 
If you change your appointment a second time, you lose your deposit. 
4.3 - We will do our best to provide you with a reasonable time-estimate for how long your tattoo will take to complete. However, you acknowledge that we can only provide estimates, and in practice tattoos may take more time than estimated to complete. You are advised to allow a time-buffer of one hour after the estimated completion time. You accept that it is your responsibility to ensure that you leave sufficient time for us to complete your tattoo. If you have to leave an appointment before the session is complete, we accept no responsibility for any impact this might have on the outcome of your tattoo, and reserve the right to take payment in full for such appointment. 
4.4 - You accept that we have a no refund policy on tattoos and that you will therefore not be entitled to a full or partial refund for any tattoos provided by us for any reason.

5. INTELLECTUAL PROPERTY

5.1 - By completing our consent form at the beginning of your appointment, you consent to our use of any photographs or images taken of you and any tattoo(s) carried out by us, and you accept that you are granting us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, store and copy that content and to distribute and make it available to third parties for any purpose whatsoever (for example, to use within our marketing materials, press announcements, social media posts, Site pages, and so on).
5.2 - You acknowledge and agree that unless otherwise specified, we are the owner or the licensee of all intellectual property rights in our Services and Site, including our proposed and actual tattoo designs and creations (and the ideas behind and drafts of such designs and creations), the material published on our Site, and any software, logos, branding or domains contained within or made available through the Site. Those works are protected by copyright laws and treaties around the world and all such rights are reserved. You are not permitted to use any intellectual property rights without the prior written consent of the owner.
5.3 - These T&Cs do not grant you any rights to, under or in, any patents, copyright, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Site or Services.
5.4 - We encourage you to credit us on your social media when posting about your tattoos. However, you are not permitted to use our business name, trading name, logos, designs or branding for any commercial or marketing purposes without our approval.
5.5 - You shall not use any part of the Site in order to build a product, service, offering or following, whether for commercial purposes or otherwise, on your own behalf or for a third party, and shall not licence, sell, resell, rent, or commercially exploit our Site in any way, without our prior written consent.

 

6. LIMITATION OF LIABILITY
 

6.1 - You are required to notify us in advance of any skin allergies or other conditions you have that you are aware of that could result in an allergic reaction from your tattoo. You acknowledge that we are not able to determine whether you might have an allergic reaction to the pigments or processes used as part of the tattooing process and acknowledge that such a reaction is possible, and you therefore accept that we shall not be liable for such a reaction under any circumstances.
6.2 - You accept that tattooing involves breaking the skin, meaning infection and/or scarring is always possible as a result of obtaining a tattoo, particularly in the event that you do not take proper care of your tattoo. You agree to strictly follow any aftercare instructions provided before, during and after your appointment. Please see our aftercare instructions here.
6.3 - You waive and release, to the fullest extent permitted by applicable law, Kajsa Andersson Rhondiner, from any and all liability whatsoever, including but not limited to, any and all claims or causes of action that you, your estate, heirs, executors or assigns may have for personal injury or otherwise, including any direct and/or consequential damages, which result or arise from the procedure and application of your tattoo, whether caused by the negligence or fault of us, or otherwise. However, nothing in these T&Cs shall exclude or limit any liabilities that may not be excluded under applicable law.

 

7. USE OF OUR SITE

7.1 - You must not print off, print screen, download, copy, modify, record, duplicate, reproduce, create derivative materials from, modify, frame, mirror, republish, transmit, distribute, display, share, distribute, transmit, retransmit, transfer, disseminate, broadcast, circulate or otherwise use the Site or any portion of the Site, including any portion of the text, images, audio, videos, pages, structures, HTML, CSS, JavaScript or visual design elements that comprise our Site or any informational guides we provide, in any form or by any means (Sharing Content) without our prior written consent, except as permitted by these T&Cs.
7.2 - Where we consent to you Sharing Content, you agree that our status (and that of any identified contributors) as the authors and/or owners of the relevant content must always be acknowledged, and that we can withdraw our consent at any time (at which point, you will return, remove and/or delete the content and any copies thereof, at our request and in our sole discretion, as soon as practicable). 

 

8. THIRD PARTY LINKS AND RESOURCES
 

8.1 - Where our Site or any physical materials we provide you contain links to third parties, including (but not limited to) links to third party website content, social media channels, platforms, individuals, organisations, products (including books), services, or other resources (including content, communications, mailing lists, advice and information) (Third-Party Resources), these links are provided for your information only.
8.2 - Links to Third-Party Resources should not generally be interpreted as recommendations that you interact with such Third-Party Resources, or as approval by us of those Third-Party Resources or information you may obtain from them, and you accept that we have no control over the nature or availability of such Third-Party Resources. 
8.3 - If you access, purchase or use any Third-Party Resources, you do so solely at your own risk and we make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Resources, or any transactions completed and any contracts entered into by you with any such Third-Party Resources.

 

9. ADDITIONAL TERMS

9.1 - We will only use your personal information as set out in our Privacy Policy.
9.2 - Neither party shall be in breach of these T&Cs nor liable for delay in performing, or failure to perform, any of its obligations under these T&Cs if such delay or failure results from events, circumstances or causes beyond a party's reasonable control (for example, but not limited to, fires, explosions, floods, pandemics, strikes or terrorist threats or acts).
9.3 - If any provision or part-provision of these T&Cs is or becomes invalid, illegal or unenforceable, it shall be deemed to be amended to the minimal extent possible so that it becomes valid, legal and enforceable and, if this is not possible, it shall be deleted, but that shall not affect the validity and enforceability of the rest of these T&Cs.
9.4 - No failure or delay by us to exercise any right or remedy provided under these T&Cs or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
9.5 - These T&Cs and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Valais, Switzerland, or the laws of any other country in which the tattoo may be carried out. You irrevocably agree that the courts of Valais, Switzerland shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these T&Cs or their subject matter or formation (including non-contractual disputes or claims).

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