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Terms of Use

I. COMPLAINTS / CONTACT

All queries or complaints in connection with these Terms and Conditions or the contracts to which they apply can be made in writing to Tattoo Prime Limited, 8 Little Britain Street, Dublin 1 or by e-mail to [email protected].

II. SCOPE

Our deliveries, work/services and offers are exclusively made on the basis of these Terms and Conditions of Sale. They shall apply to all future business relations even where these Terms and Conditions have not been expressly referred to. By placing an order and, at the latest, by taking delivery of the goods, the buyer is deemed to have accepted these Terms and Conditions. Any opposing terms and conditions on the part of the buyer are hereby excluded, unless in individual cases we have agreed to them in writing. In that case, the buyer's terms and conditions shall not be applicable to follow-up transactions, but only to the transaction for which they have been accepted. Verbal ancillary agreements are not applicable.

III. OFFER / CONCLUSION OF CONTRACT

Our offers are aimed at industry, trade, handicrafts, self-employed and professional persons. By placing their orders, they confirm that they will utilise the goods within the framework of their commercial activities. The presentation of our range of goods does not represent a binding offer of contract. All the specifications and prices are without obligation. We assume no liability for faulty representation of our line of products. All the dimensions stated represent nominal values. Due to the limited possibilities of presentation, colours may deviate from the original.

By sending his/her purchase order, the customer makes a binding offer. We reserve the right to decide at our discretion whether to accept the offer. Our employees are not authorised to enter into verbal ancillary agreements or give verbal assurances that go beyond the content of the written contract. We shall promptly confirm receipt of the customer's purchase order. If there has been any error in the specification of the goods, we shall immediately submit a counter offer to the customer, which he/she is free to accept or reject. If we do not accept the offer submitted by a customer, we shall inform him/her forthwith. The contract is concluded with the proviso that we receive correct and timely delivery from our suppliers. This proviso shall only apply to wrong delivery or failure to deliver for which we are not responsible.

IV. DELIVERY

If a product is not available, we shall inform the customer and submit a counter offer. Delays in delivery or performance which are due to Force Majeure or due to events that substantially impede delivery or render it impossible (subsequent problems with obtaining material, disruption of operations, strike, lock-out, staff shortage, lack of transport, government intervention etc.) shall not give rise to compensation for damages. The same shall apply if such events have occurred with our pre-suppliers or sub-suppliers. In that case, we shall be entitled to postpone delivery and/or performance for the duration of the impediment, plus an appropriate lead time. If the buyer is in default of payment for a previous delivery, we shall be entitled to suspend delivery of the goods under the current order until the late payment has been effected. We are entitled to perform partial deliveries.

V. PRICES

The prices we quote are euro per unit, plus the statutory value added tax applicable on the date of delivery, unless it is expressly excluded.

VI. PAYMENT

The customer's payment obligations shall only be deemed fulfilled when we or the vicarious agents commissioned by us definitively have the amount receivable at our disposal. Unless agreed otherwise, we effect delivery on the basis of advance payment, PayPal, or credit card, without deduction . We reserve the right to allow these methods of payment and also to withdraw them at any time.

VII. MODES AND COSTS OF SHIPMENT / PASSING OF RISK

If goods of an invoice value (net of VAT) of EUR 500.00 or more, we shall not charge any postage. Follow-up deliveries are always free of postage (but possibly not free of charge)!

Methods of payment: Advance payment (upon receipt of order, we shall send all the details required for bank transfer), credit card.

VIII. RESERVATION OF TITLE

We reserve title to the goods delivered until all of the purchase price and shipping costs have been paid. If the goods for which title is reserved are resold, the buyer hereby assigns to us any accounts receivable resulting from such resale. We hereby accept the assignment of accounts receivable by the buyer.

IX. BUYER'S RIGHTS IN CASE OF DEFECTS

Any obvious defects must be reported to us in writing within three days from the receipt of the goods, and hidden defects must be reported as soon as they have been discovered. Otherwise, the goods shall be deemed accepted.. The burden of proof for the timely arrival of the complaint shall be on the buyer. The time-limit for a claim for defect shall be no more than 12 months from the receipt of the goods. Our obligation towards the buyer in the case of a defect to the item bought shall be limited, at our option, to remedying the defect, supplying an item free of defects or reduction of the purchase price. Claims for defect shall be excluded if the defect is caused by improper handling or overstraining of the object of purchase, or if parts have been incorporated, the use of which has not been approved by us, or if the item was altered by the buyer in a manner not approved, or if the buyer did not observe the instructions on the handling, maintenance, cleaning and care of the item. Normal wear and tear shall be excluded from claims for defect.

The goods shall be sent to Tattoo Prime, 8 Little Britain Street, Dublin 1so that they can be checked for defects as to quality. If a defect is proven (e.g. wrong delivery or defective article etc.) we shall compensate the buyer for the cost of postage. The buyer shall provide adequate postage and adequate packaging (e.g. jiffy bag, cardboard etc., NOT just an ordinary paper envelope) for return shipments. The goods returned must reach us individually packed in small bags, in perfectly hygienic condition and with a copy of the relevant invoice enclosed.

X. LIABILITY

In the event that under statutory provisions and in accordance with these Standard Terms and Conditions, we are liable to compensate the buyer for damage caused by slight negligence, our liability shall be limited:

There shall be no liability except for violation of essential contractual obligations, and it shall be limited to foreseeable typical damage. This limitation shall not apply in cases of injury to life, limb and health. If such damage is covered by insurance the buyer has taken out for such events of damage (with the exception of fixed-benefit insurance), we shall only be liable for any disadvantages caused for the buyer, e.g. higher insurance premiums or interest paid until the claim is settled by the insurance. The same shall apply for damage/loss caused by a defect. Regardless of culpability, we shall be liable for fraudulent concealment of a defect, or if we have provided a guarantee, and under the Product Liability Act Liability. Liability for default in delivery is conclusively regulated in clause IV.

Personal liability of our legal representatives, vicarious agents and employees for damage caused by them through slight negligence shall be excluded.

XI. EXCLUSION OF SET-OFF

The buyer shall not set-off any counterclaim against our claims unless the buyer's claim is undisputed or has become res judicata.

XII. PLACE OF PERFORMANCE AND JURISDICTION

The company's place of business is at 8 Little Britain Street Dublin 1, Ireland. If the buyer is a merchant, the place of performance and legal venue shall be at Dublin 1.

XIII. CHOICE OF LAW / SEVERABILITY

Contracts based on these Terms and Conditions shall be governed by Irish law, the UN Convention on Contracts for the International Sale of Goods shall be excluded.

Should individual provisions of these Standard Terms and Conditions be void or invalid, the remainder of the provisions shall not be affected. Instead of the void or invalid provision, statutory provisions shall apply.

None other than the Tattoo Prime Limited and its affiliates shall be eligible to reproduce, use, disclose and distribute the materials contained in this website. The use or misuse of these materials except as expressly authorised is prohibited. Tattoo Prime Limited and its affiliates enforce their intellectual property rights to the fullest extent of the law.