GENERAL TERMS AND CONDITIONS OF SALE
PARTIES TO THE CONTRACT
Mima Tattoo Studio, whose head office is located at 201 impasse des fougères 83520
Roquebrune sur Argens, Siret: 51368171800112, is referred to in all
contractual documents as “the company”, “the service provider”, “the tattoo artist” or “the seller”.
Mima Tattoo Studio is intended to be entrusted with missions of creation and
production of tattoos, sale of products related to tattooing or any other similar or related activity.
Symmetrically, the natural or legal person on whose behalf the service provision is implemented or to whom the goods are sold is referred to in all contractual documents as “the customer”.
The term “third party” designates any natural or legal person not party to the contract.
The purpose of these general terms and conditions of sale is to govern the contractual relations between the company and its customers in the context of its professional activity.
PURPOSE & SCOPE OF APPLICATION
Any order for goods or services implies the unconditional acceptance by the customer and their full adherence to these general terms and conditions of sale which prevail over any other document, unless special conditions are negotiated by the company.
Unless special conditions are concluded, these General Terms and Conditions of Sale apply automatically to all services or sales.
In accordance with the Consumer Code, these conditions are made available to any applicant. The fact that the company does not avail itself at a given time of any of these general terms and conditions of sale cannot be interpreted as a waiver of the right to avail itself subsequently of any of the said conditions.
GENERAL
The company reserves the right to modify its general terms and conditions of sale, its formulas and its prices at any time and without notice. These modifications will have no impact on current orders.
Our prices are indicated in euros, all taxes included.
The customer using the company’s services acknowledges having read the artistic and technical abilities of the tattoo artist as well as the risks associated with tattooing before requesting his/her intervention and accepts without reservation the following general terms and conditions of sale, as well as the warnings set out in the Extract from Law No. 57-298 of March 11, 1957 on artistic property (J.O. of March 14, 1957) on authors’ rights concerning intellectual property laws.
To do this, the customer will affix his/her signature when ordering, preceded by the handwritten note “good for agreement” at the bottom of the quote.
Any signed quote implies the full and unconditional acceptance by the client of these general terms and conditions of sale as well as the nature and conditions of the planned service.
The service includes everything that is explicitly listed in the “designation” field. As a corollary, it does not include anything that is not explained in this same field.
COMMITMENTS OF THE PARTIES
Generally speaking, the client and the tattoo artist agree to communicate all difficulties of which they may be aware as the project progresses, to allow the other party to take the necessary measures.
CLIENT
The client agrees to establish specifications as precise as possible (location, size, theme, style, etc.), to provide all the visual or textual elements necessary for the proper completion of the order and to be the holder of the necessary intellectual property rights relating to all the elements transmitted to the tattoo artist (The search for prior art for names and creations is the responsibility of the client and remains his/her responsibility.
Only the client’s liability may be incurred in this regard).
He/she also agrees to actively collaborate in the success of the project by providing the tattoo artist within the appropriate time frame, by complying with the technical and creative recommendations made by the tattoo artist and by assuming responsibility for his/her choices.
Finally, the client agrees to pay the sums due to the tattoo artist within the specified time frame.
TATTOO ARTIST
The tattoo artist may be involved in the development of the specifications jointly with the client and to inform them of the progress of the project.
They also undertake to keep strictly confidential all information and documents relating to the client, to which they may have had access in the framework of the execution of the tattooing act (to find out more about the management of your personal data and to exercise your rights: www.cnil.fr).
ORDER AND FEES
The quote signed by the customer constitutes acceptance of the T&Cs (general terms and conditions of sale) and serves as a purchase order.
Quotes issued by the tattoo artist are valid on the date they are drawn up and for a period of two months.
They may be revised, in particular depending on changes to the specifications. The quote must be accompanied by the payment of a deposit of an amount set by the tattoo artist.
The work will begin when all documents (signed quote and paid deposit) and graphic and textual documentary elements necessary for the proper execution of the contract are available to the tattoo artist.
In the event that modifications (adding or deleting data) requested by the client during the process – and reporting an omission or an error on their part – would imply a substantial reworking of the initial specifications, or inducing additional work, these will be invoiced in addition to the initial estimate.
The amounts corresponding to the work already carried out by the tattoo artist are due by the client and immediately payable.
PROJECT
After the first contact, when the client has become aware of the risks associated with the tattoo, the work of the tattoo artist and has explained his project (theme, pattern, location, size, style, etc.), the tattoo artist will assess whether this project seems feasible to him (or if according to him certain modifications are necessary) and will offer the client an approximate and non-contractual price.
The tattoo artist reserves the right to refuse any project that does not correspond to him.
QUOTE
Signing the quote (or deposit receipt), accompanied by payment of a deposit of an amount set by the tattoo artist, will validate the specifications established, the latter can then no longer be modified under penalty of additional invoicing equal to the requested modifications.
This deposit is in no case refundable and will validate the order, the tattoo artist can then begin the work of creating the tattoo model.
PREPARATORY MODEL
When the tattoo artist considers that he has a sufficient model to start the tattoo and meets the specifications, he will submit it to the client for validation. A maximum of 3 projects/corrections can then be made to the model at the client’s request, if they do not modify the specifications.
Beyond 3 corrections, even if the model does not suit the client, the deposit will not be refunded and any additional modification will result in an overcharge. In the absence of a request for modification or validation provided by the client within a maximum period of two months after presentation of the model, it will then be considered refused without any possible refund and any subsequent request to continue the order will involve the creation and validation of a new quote.
APPOINTMENTS
Once the specifications have been validated by the client, the tattoo artist will set with him the appointment(s) necessary for the tattoo to be carried out.
The client must then, to validate these appointments, pay the total amount announced by the estimate, after deduction of the deposit already paid, as well as sign a document of mutual consent with the tattoo artist.
Any appointment set can then no longer be canceled, moved or postponed by the client except for a serious reason, with the agreement of the tattoo artist and at the latest 48 hours before the said appointment.
Otherwise, any cancellation of an appointment will result in an additional charge for making a new appointment.
With the same consequences for the client, the tattoo artist reserves the right to cancel an appointment himself if the client does not respect the conditions set by the company.
Any cancellation made with the agreement of the tattoo artist must be subject to a new appointment within a maximum period of two months, otherwise the order will be overcharged or cancelled.
CARE & TOUCH-UPS
A document offering advice on care after the tattooing procedure will also be given to the client.
The client is solely responsible for the care given to his tattoo, the tattoo artist cannot be held responsible under any circumstances for any inconveniences arising following the procedure.
In the case of any touch-ups to be made to the tattoo, these are taken into account in the initial quote, they must be carried out quickly, within a maximum of two months after the last appointment, or will be subject to additional invoicing.
Since the elements taken into account in the creation of a tattoo are numerous and varied and given the unique appearance of each client’s skin, the tattoo artist cannot under any circumstances be held responsible for any differences between the model and the tattoo created.
THE SERVICE MAY NOT BE PERFORMED
- In the event of a delay during the appointment deemed to be detrimental to the proper completion (maximum delay allowed: 15 minutes). Another appointment will then be offered to you if possible, resulting in an overcharge. Beyond 2 consecutive delays, no other appointment will be offered to you.
- In the event that the area to be tattooed has been the subject of a tattoo act by a third party or another tattoo professional.
- In the event of a skin disease, damaged skin or any other skin damage that could contraindicate the practice of tattooing
- For any medical contraindication to tattooing.
- In the event that the request is deemed not feasible in tattooing.
- In the event that the client has neglected to take information on the risks associated with the practice of tattooing and its irreversible aspect.
- In the event that the consumer’s behavior or language is deemed aggressive, disrespectful, incoherent or contrary to the proper performance of the service.
- In the event that the tattoo artist considers that the customer is not in a physical or mental state making him fit for a tattoo session.
- If the customer does not comply with the salon’s rules.
PAYMENT & INVOICE
Payment in cash or bank transfer upon receipt of the invoice.
No discount in the event of early payment. Late payment penalties applicable: three times the legal interest rate in force.
In the event of non-payment, a fixed recovery fee of forty euros will be due by the customer in addition to the late payment penalties.
In the event of an order requiring several appointments for a substantial amount, it will be possible for the client, only with the tattoo artist’s agreement, to pay, during the completion of the order, several deposits of amounts set by the tattoo artist.
CANCELLATION
In the event of termination of the contract before its term by the client, the latter formally undertakes to regularize and pay the amounts relating to the work in progress.
All copyrights remain the exclusive and entire property of the tattoo artist, with the exception of data provided by the client.
The files and source data created and used by the tattoo artist may therefore not be claimed by the client without a financial contribution.
The models, and more broadly, all original works, remain the property of the tattoo artist, as well as rejected projects.
The deposit already paid will be retained by the tattoo artist, constituting compensation for the work undertaken.
In the event of incapacity to work, due to illness, hospitalization or accident, the tattoo artist reserves the right to modify the current schedule without the client being able to demand the payment of compensation.
The occurrence of a case of force majeure has the effect of suspending the execution of the contractual obligations of the company.
A case of force majeure is any event beyond the control of the company and preventing its normal operation.
The contract between the parties is suspended until the extinction of the causes that gave rise to the force majeure.
Force majeure takes into account irresistible, external, unforeseeable facts or circumstances independent of the will of the company, despite all reasonably possible efforts to prevent them.
Also considered as cases of force majeure are the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks, and in particular all networks accessible via the Internet, or difficulties specific to telecommunication networks external to the company, total or partial strikes hindering the smooth running of the company or that of one of the suppliers, subcontractors or carriers.
The company will notify the customer and the two parties will then agree on the conditions under which the execution of the contract will be continued.
The parties agree that in the event of force majeure the liability of the company may not be sought.
To this end, they agree to consider as constituting cases of force majeure cases recognized as such by the courts.
DISPUTES
The contract is subject to French law.
Any dispute or litigation concerning the interpretation or execution of this contract will be brought, in the absence of an amicable agreement between the parties, before the competent courts.
OWNERSHIP OF THE WORK CARRIED OUT
The entire production and the rights relating thereto, subject of the order, remain the full and exclusive property of the tattoo artist until the invoices issued are paid in full by the client.
As a corollary, the client will become the de facto owner of the production and the rights assigned as of the final and settlement payment of all invoices issued by the tattoo artist as part of the order.
Unless otherwise stated on the quote, the production files and sources remain the property of the tattoo artist.
Only the finished product will be sent to the client.
The tattoo artist is not obliged to make the source files available to the client, but only the result of his work.
The work carried out by the tattoo artist, in particular the preliminary studies, remains confidential and may not under any circumstances be transmitted by the client to a third party without prior agreement.
PRINCIPLE OF ASSIGNMENT
In accordance with the CPI (articles L. 121-1 to L. 121-9), it is recalled that the moral right of a creation (including among other things the right to respect for the work and the right to respect for the name) remains attached to its author in a perpetual and imprescriptible manner.
In fact, only the property rights explicitly stated on this order will be assigned to the client company, to the exclusion of any other, and this within the possible limits also appearing therein (limit of medium, territory or duration).
Any representation or reproduction, in whole or in part, made without the consent of the author or his successors in title is illegal and punishable under the laws relating to the offence of counterfeiting.
The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process (art. L. 122-4 of the CPI).
PUBLICITY RIGHTS
The tattoo artist reserves the right to publicly mention the work carried out for the client and to present it as a reference in the context of its commercial prospecting, external communication and advertising efforts, and the client undertakes never to oppose this.
Unless explicitly stated otherwise, the client, by signing the quote, waives his image rights and authorises the company to use the various visual media (photography, video, etc.) in which he appears. The company reserves the right to distribute these images by the means of communication that it deems necessary.