Terms and conditions of Stick and Poke Tattoo
1. Identification of the holder and general information
These Terms and Conditions govern the access to and use of the web site stickandpoketattoo.com (hereinafter, the Web Site), held by Hodei Etxezarreta Olano (hereinafter, Stick and Poke Tattoo), with Spanish Tax I.D. 44331944L and address in Barrio Iurre 15 4B, Tolosa, Spain, as well as the products and services offered by Stick and Poke Tattoo on its Web Site.
Stick and Poke Tattoo offers this Web Site subject to the present Terms and Conditions. By visiting the Web Site or using the services or applications in the Web Site, the User accepts these Terms and Conditions.
Users are not required to register in order to enter the Web Site. However, to contract any of the services offered by Stick and Poke Tattoo, Users must register and accept these terms and conditions before making any payment.
The Terms and Conditions found below define the rights and obligations of Stick and Poke Tattoo and the Users within the framework of the Web Site. These are the only Terms and Conditions applicable to the use of the Web Site (without prejudice to certain services being subject to specific terms and conditions) and to the placing of orders through the Web Site and replace any other terms and conditions.
2. User data and conduct on the Web Site
In order to acquire the products offered on the Web Site, the User will need to register by filling in the registration form available on the Web Site.
The User shall be responsible for keeping the confidentiality of the data and information provided and for limiting the access to his or her computer and access keys in order to prevent any non-authorized uses.
If the User has reasons to believe that his or her data have been made available to a third party, or that they have been or may be used without his or her authorization, the User must inform Stick and Poke Tattoo immediately.
The User shall verify that his or her data are correct and inform Stick and Poke Tattoo in case of a variation and/or amendment in the information provided during the purchasing process.
3. Orders and terms of sale
The purpose of the offering of products and services through this Web Site is the purchase of hand poked tattoo kits (stick and poke tattoo kits).
Only Users over 18 years of age may place an order with Stick and Poke Tattoo.
Stick and Poke Tattoo will send orders to anywhere in the world.
To place any orders through the Web Site, the User must previously fill in a purchase form. The data included in said purchase form are necessary to manage your purchase order.
By purchasing any item from Stick and Poke Tattoo the user agrees to and acknowledges the following:
- I certify that I have no medical, physical or mental condition that could impair my safety while using this kit. I certify that I will have suitable medical insurance and/or provisions to cover in full any injury or damage I may cause, inflict, or suffer while participating in this activity. Furthermore I agree to personally pay all costs of such injury or damage in full. I am willing to assume, and bear the costs of, all risks that may be created, directly or indirectly, by any such condition or action, with no liability relating to Stick and Poke Tattoo.
- By purchasing any product I agree to all conditions and requirements in full, and agree to waive all liability of Stick and Poke Tattoo. By purchasing any products from Stick and Poke Tattoo i release all claims in full from Stick and Poke Tattoo, including any arising from its ordinary negligence, or the negligence of those associated with Stick and Poke Tattoo. Should Stick and Poke Tattoo, anyone acting on its behalf, or any associate of Stick and Poke Tattoo be required to incur legal fees and costs to enforce this agreement, or any other conditions, i agree to indemnify and hold Stick and Poke Tattoo harmless and at no fault for such fees and costs. I agree to voluntarily waive, release, and forever discharge all claims, and agree to indemnify and hold harmless Stick and Poke Tattoo and its employees for any and all claims, demands, or legal action that are in any way connected with one’s use of the Stick and Poke Tattoo product(s), or its contents. This fully includes any such claims which I or any relation, have or may have that allege ordinary negligent acts or omission of Stick and Poke Tattoo.
- I fully appreciate and realise the dangers and risks, both known and unknown, related to the practice of tattooing. By purchasing a stick and poke Tattoo kit, I completely assume all risks, known or unknown associated with this activity, including but not limited to bodily infection, transmission of virus and disease, permanent bodily markings, possibility of both minor and major physical or emotional injury, paralysis, death, or damage to myself, my property, or third parties associated with the practice. I understand that this kit contains potentially harmful materials including but not limited to sharp needles, tattoo ink, medical surface coverings, vinyl gloves, razors, alcohol prep pads, stencil paper, transfer lubricant, ink cups, aftercare balm, sterile bandaid. I understand that tattooing creates a potentially dangerous situation and situations beyond control and intention may arise with the use of the stick and poke tattoo kit which are beyond the control of Stick and Poke Tattoo. Knowing these risks involved, I agree to assume those risks and to release Stick and Poke Tattoo of any liability or responsibility regarding any injury, death, illness or property damages occurred. By purchasing and using any Stick and Poke Tattoo product I voluntary elect to participate in this activity in spite of the risks, completely of my own doing and take full responsibility of the consequences and implications of doing so.
- I agree that I am 18 years of age or older. I agree that if the legal age of tattooing is over 18 years of age in my area of residence, I am of legal age to purchase and use this kit. I agree that I will not distribute this kit to anyone. I agree that I will not participate in any tattooing of any person under the age of 18.
4. Price, means of payment and discount codes
Upon completion of the form, the User shall pay the order using the means of payment specified on the Web Site.
Once the payment has been made, the User will receive an email confirming the order. This email will include a summary of the articles acquired, the type of delivery requested and the address for delivery.
If there is any problem at the time of payment, the User will receive an automatic message indicating the existence of a payment error. Your order will not be processed until full completion of the payment.
The prices of the services are stated in US dollars ($) and include taxes and handling and delivery expenses, the amount of which shall be specified at the time of final confirmation of each order.
Stick and Poke Tattoo may offer discount codes to its Users from time to time. Said discounts may only be applied as per the instructions specified by Stick and Poke Tattoo for each code and, in any event, only one code may be used per order.
The use of the discounts codes are not available with some promotional campaigns and collections.
5. Information about the products and services provided by Stick and Poke Tattoo
The data included on the Web Site in each description of the products and services, with their photographs, graphic or iconographic depictions or videos, as well as their trade names, trademarks or distinctive signs of any description, have mere information purposes. Therefore, Stick and Poke Tattoo waives any liability resulting from errors in said information, but undertakes to make its best efforts to correct the said errors or omissions as soon as possible after being informed thereof.
6. Refunds and right of withdrawal
In the event that the User is not satisfied with the products received in their order, pursuant to the General Act on Consumer and User Protection, the User has fourteen (14) calendar days to return the order in its entirety, or if preferred, they may choose to return any of the products forming part of the order, all of which may be done without any penalisation or the need to give reasons.
However, the User must bear the direct cost of returning the order to Stick and Poke Tattoo.
To formalize the return, the User must contact Stick and Poke Tattoo via ilove@stickandpoketattoo.com. Upon receipt of this email, Stick and Poke Tattoo shall instruct the User on how to send the order to its offices or warehouses.
Stick and Poke Tattoo cannot be held liable for the delivery company that the User uses to return the order. Consequently, Stick and Poke Tattoo advises the User to request proof of delivery from the delivery company once the product has been delivered to Stick and Poke Tattoo offices/warehouses. In this way, the User has proof that the product has been successfully delivered to Stick and Poke Tattoo.
The cost involved in returning the order (for example, delivery company costs) shall be directly borne by the User.
The product must be unused and have all of its tags, labels, packaging and, where applicable, the original documentation and accessories that came with the product. The User accepts that the product may depreciate in value or that Stick and Poke Tattoo may refuse the refund if the User fails to act as instructed or if the product is in any way damaged.
Once Stick and Poke Tattoo verifies that the order is in good condition, Stick and Poke Tattoo shall then refund the full amount paid by the User.
If the User decides to return the order in its entirety, Stick and Poke Tattoo shall refund the full amount paid by the User (including delivery costs).
If the User only wishes to return one or some of the products in the order, Stick and Poke Tattoo will not be able to refund the delivery costs paid for the whole order.
7. Use of the Web Site
The Web Site may not be used for unlawful purposes or purposes related to crimes or illegal activities of any type.
It is also forbidden to send, use or reuse any illegal, offensive, abusive, indecent, slanderous, obscene or threatening materials or any materials which may entail an infringement of copyright, registered trademarks or confidentiality, privacy or any other rights, or which may be slanderous or offending in any other way to third parties, or the content of which may contain computer viruses, political propaganda, advertising, chain messages, the massive sending of mail or any other form of spam and, in general, any other type of nuisance or unnecessary element.
The User undertakes to make a lawful, diligent, honest and correct use of any information or contents which he or she may gain access to through the Web Site or through third party web sites he or she may enter through the links located on the Web Site, and abide at all times by the principles of good faith and compliance with applicable law and with the present Terms and Conditions.
The User may only use for personal purposes any information (that is, any messages, sound files, photographs, drawings, software and, in general, any description or type of computer file, chart, etc.) on the Web Site.
Likewise, the User undertakes not to cause malicious or intentional damage which may alter or diminish the value of the Web Site, and not to introduce or disseminate computer viruses which may lead to non-authorized alterations of the contents or systems which form the Web Site.
Stick and Poke Tattoo, at its discretion, reserves the right to refuse access to the Web Site, or to cancel orders to those Users that make an unlawful use of the contents and/or break any of the conditions that are setting out in this document.
8. Intellectual or Industrial Property
The intellectual property rights in the page stickandpoketattoo.com and its source code, design, navigation structures and various elements therein are the property of Stick and Poke Tattoo, which holds the exclusive right to exploit same in any form and, particularly, the right to reproduce, distribute, communicate publicly and transform same, in accordance with Spanish and European Law applicable.
Stick and Poke Tattoo hereby informs that this is not a license or express or implicit authorization to use the intellectual and/or industrial rights or any other related right or property which may be directly or indirectly related with the contents included in the Web Site. The reproduction in whole or in part of any of the contents of the Web Site, even through a hyperlink, without the express written consent of Stick and Poke Tattoo, is strictly prohibited. The non-authorized use of said contents shall give rise to the liabilities established by law.
9. Hyperlinks
The Hyperlinks included in this Web Site may lead to third-party sites. Stick and Poke Tattoo accepts no responsibility for the content, information or services which may appear in said sites. Said information or services which shall be deemed to have been offered by Stick and Poke Tattoo for mere information purposes, which entails no relation, acceptance or support thereof by Stick and Poke Tattoo or the persons or entities which own said content or are the holders of the sites in which it appears.
10. Partial nullity
Should any Clause in the present Terms and Conditions be declared null and void, the rest of the Clauses shall remain in full force and shall be construed in accordance with the spirit of these Terms and Conditions.
11. Amendments
The information appearing on this Web Site is that applicable on the date of the latest update thereof. Stick and Poke Tattoo reserves the right to update, amend or eliminate the information from this Web Site and to amend unilaterally the present Terms and Conditions, its privacy policy and any other information. Any amendments in said terms and conditions shall enter into force at the time of publication thereof on this Web Site.
12. Language
Stick and Poke Tattoo may translate these Terms and Conditions, its Privacy Policy and any other operational rules, policies or procedures published on the Web Site. In case of conflict the Spanish version will prevail, you can find it here.
13. Applicable law and jurisdiction
Both these General Terms of Use and the use of the Website are governed by Spanish law. For the resolution of disputes, the parties submit to the courts and tribunals of Donostia-San Sebastián and waive any other jurisdiction.