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GENERAL TERMS AND CONDITIONS OF BUSINESS

1. SCOPE OF APPLICATION

1.1 The following General Terms and Conditions of Business apply in business relations between Mystery Touch Tattoo Reisinger KG, registered under FN 239968w in the Commercial Register of the Regional Court of Civil Law in Graz, Austria, (hereinafter referred to as INKED DIVAS & GENTS) and CLIENTS in the very form, valid at the time of order.

1.2 INKED DIVAS & GENTS shall not accept terms and conditions which differ from its terms and conditions unless INKED DIVAS & GENTS has given explicit written consent to alterations or additions of further terms and conditions.

2. CONCLUSION OF CONTRACT

2.1 CLIENT makes a binding offer for the conclusion of a contract for the sale and delivery of goods to INKED DIVAS & GENTS. After receiving CLIENT’S offer, INKED DIVAS & GENTS sends an e-mail to CLIENT, confirming receipt of the order by INKED DIVAS & GENTS and specifying details (CONFIRMATION OF ORDER). This CONFIRMATION OF ORDER does not constitute an acceptance of the offer but simply informs that the order has been received by INKED DIVAS & GENTS. Conclusion of contract shall only materialise on INKED DIVAS & GENTS’ delivering the ordered product to CLIENT and confirming delivery by a second e-mail (CONFIRMATION OF DELIVERY). Sales contracts are not concluded of products which are not mentioned in the CONFIRMATION OF DELIVERY, even if listed in the same order.

2.2 After receiving CONFIRMATION OF ORDER, withdrawal of the order or alterations of the order by CLIENT are only possible with written consent of INKED DIVAS & GENTS. Legal claims of withdrawal shall remain unaffected.

2.3 CLIENT confirms being contractually capable. Persons who are not contractually capable are explicitly not allowed to order goods unless given assent by their legal guardian.

3. CANCELLATION AND REVOCATION

3.1 CLIENT is entitled to revoke the contract in writing or by returning the goods within seven days without giving reasons. The term for this revocation starts with the CLIENT’s receiving the goods. In order to keep the term, it is sufficient to send the revocation or the goods in time.

3.1.1 Revocation by returning the goods shall be sent to: Mystery Touch Tattoo Reisinger KG Ludwig-Binder-Straße 9 8200 Gleisdorf Austria

3.1.2 Written revocation may be sent by e-mail:

(i). E-Mail to: info@inkedfashion.com

(ii). or a letter to:
Mystery Touch Tattoo Reisinger KG
Ludwig-Binder-Straße 9
8200 Gleisdorf
Austria

3.2 In case of an effective revocation, the services that have been received shall be returned and consumed usage shall be returned (fee for usage).

3.2.1 If CLIENT can return the received goods only in an incomplete or partly complete state or in a deteriorated state, INKED DIVAS & GENTS shall be compensated respectively. CLIENT can avoid compensation by not using the goods like his property and refraining from actions that affect the value of the goods.

3.2.2 Goods that can be packaged shall be returned. CLIENT shall pay all freight charges if the goods delivered conform to the goods ordered. Otherwise freight charges shall be free for CLIENT.

3.3 CLIENT is not entitled to revoke deliveries of goods, that have been made to order or produced to fit the CLIENT’s needs. Likewise CLIENT is not entitled to revoke deliveries of audio or video tapes or software if the data media delivered have been unsealed or deliveries of newspapers, magazines or illustrated magazines.

3.4 Independent of legal rights, INKED DIVAS & GENTS grants the following return guarantee on a voluntary basis:

(i). All products from the online-shop can be returned within 30 days of receipt of the goods to INKED DIVAS & GENTS, provided that the goods are still in the unopened shrink-wrap and are in a complete, unused and undamaged state. The goods are to be sent within the term mentioned, to: Mystery Touch Tattoo Reisinger KG, Ludwig-Binder-Straße 9, 8200 Gleisdorf, Austria.

(ii). In case of a return of the goods under the above mentioned conditions, INKED DIVAS & GENTS shall return the purchase price paid by CLIENT - but not the delivery costs - in the form of a coupon.

4. DELIVERY and COSTS OF DELIVERY

4.1 INKED DIVAS & GENTS delivers the goods ordered in the online-shop exclusively to delivery addresses within the EU. Unless agreed otherwise, delivery is performed ex warehouse MYSTERY TOUCH to the delivery address given by CLIENT.

4.2 Specified dates of delivery are non-binding unless a specified date of delivery is given in writing.

4.3 Delivery and shipping within Austria is performed by Österreichische Post. € 4,90 are charged for shipping and packaging of deliveries within Austria. The costs for shipping and packaging of deliveries within the EU will be calculated by Ups.

4.4 In case shipping by Österreichische Post should not be possible, delivery costs shall be charged according to another shipping company, in which case CLIENT will be informed beforehand.

4.5 In case MYSTERY TOUCH is not capable of delivering the goods ordered because the supplier of MYSTERY TOUCH has not met contractual terms, INKED DIVAS & GENTS has the right to cancel the CLIENT’s order. In this case CLIENT shall be informed immediately that the goods ordered are not available. CLIENT’s legal claims shall remain unaffected.

4.6 Alternatively there is the possibility to select Ups as carrier. The shipping costs will be calculated by Ups. Also an additional fee for packaging will be added to the costs.

5. PAYMENT and MATURITY

5.1 CLIENT may choose the kind of payment for the goods and costs of delivery from the following:

5.1.1 Cash on delivery within Austria: In case the goods are sent C.O.D., payment is due on delivery. In this case a delivery fee of € 3,50 is added to the INKED DIVAS & GENTS’ invoice.

5.1.2 Credit card: Presently INKED DIVAS & GENTS accepts VISA und MASTER-CARD credit cards. On ordering, the credit card number and expiry date have to be filled in. INKED DIVAS & GENTS provides the latest and safest transaction technology.

5.1.3 Advance payment: This form of payment requires the total amount and the lump sum for packaging and shipping to be paid in advance to the account of INKED DIVAS & GENTS. The remittance has to be completed seven days after the order to the account:
Die Steiermärkische Sparkasse,
BLZ 20815,
Accountnr. 12500014480,
IBAN: AT042081512500014480,
BIC: STSPAT2G •. In this case no extra costs will arise beside the purchase price of the goods and the lump sum for packaging and shipping.

5.1.4 PayPal: If, by paying with PayPal, for reasons whatsoever the invoiced amount is not credited to the account of INKED DIVAS & GENTS in due time, CLIENT is in arrears. In this case CLIENT shall pay default interest and damage caused by delay, in particular further collection expenses.

5.2 INKED DIVAS & GENTS reserves ownership of the goods ordered even after delivery and handover until complete payment of the purchase price and delivery costs is made.

5.3 CLIENT may only set off with counterclaims which have been upheld by a court judgement or have been acknowledged by INKED DIVAS & GENTS in writing. CLIENT shall have the right to withhold payment on the basis of disputed counterclaims only on the same contract.

6. WARRANTY and CLAIMS

6.1 The pictures of the products do not always have to completely match the appearance of the products delivered. Particularly with a new product range of the producer, a change of appearance and features of the products may occur. Claims based on defects shall not exist in cases of changes that are reasonable for CLIENT.

6.2 In case of defects of the goods, INKED DIVAS & GENTS shall provide warranty for defects of the goods by repairing or replacing the goods in due time. If improvement as requested by CLIENT is only possible at disproportionate costs, INKED DIVAS & GENTS is entitled to improve the goods in an equivalent form. The costs for improvement shall be paid by INKED DIVAS & GENTS. If an improvement is not successful, CLIENT shall be entitled to claim a cancellation of the contract or a reduction of the purchase price.

6.3 Defective goods shall be returned to INKED DIVAS & GENTS except if CLIENT has decided to accept reduction of the purchase price. In case of defects shipping costs shall be paid by INKED DIVAS & GENTS .

6.4 All warranty claims shall be subject to a 2-year limitation period from the time of delivery. Assignment of claims is excluded.

7. PRIVACY OF DATA

Data, that are necessary for the purchase, are stored. All personal data are treated confidentially. Circulation of data to third parties is excluded.

8. DESCRIPTION and FEATURES

8.1 All prices in the online-shop are quoted in EURO, including legal VAT.

8.2 Unless otherwise agreed upon or offered, product descriptions and prices only refer to the article in the picture and not to accessories or decoration in the picture.

8.3 INKED DIVAS & GENTS provides guarantee only if explicitly given in a written offer or written acknowledgement explicitly mentioned and where detailed liabilities of the guarantee are stated.

9. MISCELLANEOUS PROVISIONS

9.1 INKED DIVAS & GENTS shall have the right to assign rights and duties assumed in connection with this contract to third parties. CLIENT agrees to this assignment.

9.2 All notes, requests, demands, information or messages must be in writing, addressed to the business and delivery addresses of the contracting partner.

9.3 Austrian Law applies, excluding UN-Purchase Rights.


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