GENERAL TERMS AND CONDITIONS

1. Scope

1.1 These General Terms and Conditions apply to all contracts concluded between a customer and the provider regarding the goods, vouchers, tickets, digital content, appointments or services offered on the website.

1.2 The provider within the meaning of these General Terms and Conditions is Nikolas Burckschat, Irenenstraße 24, 10317 Berlin, Germany, email: contact@spiritual-outlaw.com.

1.3 A customer within the meaning of these General Terms and Conditions is any natural or legal person who enters into a legal transaction with the provider.

1.4 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity.

1.5 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or self-employed professional activity.

1.6 Deviating terms and conditions of the customer shall not be recognized unless the provider expressly agrees to their validity.

1. Subject Matter of the Contract

2.1 Depending on the offer, the subject matter of the contract may include goods, vouchers, tickets, digital content, appointments, tattoo and piercing services, consultations, workshops, events or other services presented on the website.

2.2 The specific description of each offer is set out in the respective product, appointment or service description on the website.

2.3 Tattoo and piercing services are individually prepared services. Scope, design, price, appointment, process and further details may be determined individually depending on the agreement.

2.4 For events, workshops or tickets, these General Terms and Conditions govern the purchase of the respective offer. The specific execution is based on the respective description of the offer and the applicable statutory provisions.

1. Conclusion of Contract

3.1 The offers presented on the website do not constitute a legally binding offer by the provider, but an invitation for the customer to submit an offer.

3.2 The customer may submit an inquiry, order or booking via the website, by email, through a contact form, through a booking system or by other means.

3.3 A contract is concluded when the provider expressly accepts the customer’s inquiry, order or booking, sends a confirmation, confirms an appointment, performs a service or delivers the ordered goods.

3.4 In the case of bookings made through an automated booking system, the contract is concluded once the appointment has been confirmed by the system or by the provider.

3.5 The provider is entitled to reject inquiries or bookings without stating reasons, especially if a requested design, placement, service or appointment is not compatible with professional, health-related, organizational or legal requirements.

3.6 The customer is obliged to provide truthful and complete information when placing an order, booking or contacting the provider.

3.7 Communication and order processing generally take place by email or through electronic systems. The customer must ensure that the email address provided is correct and that emails from the provider can be received.

1. Appointments, Deposits and Cancellations

4.1 For tattoo, piercing, consultation, workshop or other service appointments, the provider may request a deposit.

4.2 The deposit serves to reserve the appointment and to prepare the agreed service.

4.3 An appointment is only considered bindingly reserved once it has been confirmed by the provider and any agreed deposit has been received.

4.4 If the customer does not appear for the agreed appointment or cancels the appointment at too short notice, the deposit may be retained, provided this was agreed in advance and the provider incurred corresponding effort due to the reservation, preparation or loss of the appointment.

4.5 Rescheduling an appointment is only possible by prior agreement with the provider. There is no entitlement to a specific replacement appointment.

4.6 The provider is entitled to reschedule or cancel appointments for good cause, especially in cases of illness, technical problems, organizational reasons or if performance is not possible for professional, health-related or legal reasons.

4.7 Payments already made for services not rendered will, in the event of cancellation by the provider, be refunded or credited towards a replacement appointment by agreement.

1. Prices and Payment Terms

5.1 All stated prices are final prices. Pursuant to Section 19 of the German VAT Act, VAT is not shown separately.

5.2 Any additional delivery or shipping costs will be stated separately.

5.3 The available payment methods will be communicated to the customer as part of the order, booking or individual agreement.

5.4 Unless otherwise agreed, payments are due no later than upon performance of the service, handover of the goods or at the time specified in the respective offer.

5.5 For orders of goods, the provider may make delivery dependent on prior payment.

5.6 For services in the studio, payment may be made on site or in advance, depending on the agreement.

5.7 If the customer defaults on payment, the statutory provisions apply.

1. Delivery and Shipping Conditions

6.1 If goods are shipped, delivery shall be made to the delivery address provided by the customer.

6.2 The customer is responsible for providing a complete and correct delivery address.

6.3 If the transport company returns the goods to the provider because delivery to the customer was not possible, the customer shall bear the costs of renewed shipping if the customer is responsible for the failed delivery.

6.4 In the case of self-collection, the provider will inform the customer as soon as the goods are ready for collection. Collection takes place by agreement at the provider’s registered address or another agreed location.

6.5 Digital content, vouchers or tickets may be provided to the customer electronically, for example by email or download.

1. Vouchers

7.1 Vouchers purchased via the website or directly from the provider may be redeemed for the goods or services specified.

7.2 Unless otherwise stated on the voucher, vouchers are valid until the end of the third year after the year in which the voucher was purchased.

7.3 Cash payment of the voucher value is excluded.

7.4 If the value of the voucher is not sufficient to fully pay for a service or goods, the difference may be paid using one of the payment methods offered.

7.5 Remaining balances remain valid until the expiry date of the voucher.

7.6 The provider is entitled to refuse redemption of a voucher if the voucher is used improperly, cannot be clearly assigned or if there are justified doubts regarding the entitlement to redeem it.

1. Promotional Vouchers and Discount Campaigns

8.1 Promotional vouchers or discount campaigns issued by the provider as part of advertising campaigns may only be redeemed within the specified period and under the stated conditions.

8.2 Individual goods, services, appointments or events may be excluded from discount campaigns if this is stated in the respective campaign.

8.3 Subsequent application of a promotional voucher or discount to orders or bookings already completed is excluded.

8.4 Promotional vouchers or discounts will not be paid out in cash.

8.5 The provider reserves the right to modify or terminate discount campaigns at any time if there is an objective reason for doing so and provided that already bindingly concluded contracts remain unaffected.

1. Tickets, Workshops and Events

9.1 Tickets, workshops and events are subject to the information provided in the respective event description.

9.2 If an event is tied to a specific date or period, there is generally no statutory right of withdrawal.

9.3 The provider is entitled to postpone or cancel events for good cause, especially in cases of illness, insufficient number of participants, technical problems or other organizational reasons.

9.4 In the event of cancellation by the provider, participation fees already paid will be refunded or credited towards a replacement date by agreement.

9.5 Further claims by the customer exist only insofar as they are provided for by law.

9.6 The customer is obliged to observe the house rules, safety requirements and instructions of the provider or event management applicable at the event.

1. Digital Content

10.1 If digital content is offered, it will be provided to the customer in electronic form.

10.2 Unless otherwise agreed, the customer receives a simple, non-transferable right to use the digital content for private purposes.

10.3 Distribution, reproduction, publication, editing or commercial use of digital content is only permitted with the express consent of the provider.

10.4 The granting of rights takes effect only after full payment of the agreed remuneration, unless otherwise agreed.

1. Special Conditions for Custom-Made Items and Creative Services

11.1 For custom-made goods, designs, drawings, tattoo designs or other creative services, the scope of the service is determined by the respective agreement.

11.2 The customer is responsible for providing the provider with all information required for creation or execution in a timely, complete and correct manner.

11.3 If the customer provides their own content, templates, images, texts, symbols or other materials, they confirm that they are entitled to use such content and that no third-party rights are infringed.

11.4 The customer shall indemnify the provider against claims by third parties asserted due to an infringement of rights for which the customer is responsible in connection with content provided by the customer.

11.5 The provider is entitled to reject orders if the requested content, designs or services violate statutory provisions, infringe third-party rights or are not acceptable for professional, ethical, health-related or organizational reasons.

1. Tattoo and Piercing Services

12.1 Tattoo and piercing services are only performed if, in the provider’s view, there are no professional, health-related or legal concerns.

12.2 The customer is obliged to inform the provider fully and truthfully before the service is performed about any relevant health circumstances, especially allergies, skin conditions, infections, medication, pregnancy, blood clotting disorders or other circumstances that may be relevant to the performance of the service.

12.3 The provider is entitled to refuse or discontinue performance of a service if health-related, hygienic, legal or professional reasons prevent it.

12.4 The customer is obliged to carefully follow the aftercare instructions given by the provider.

12.5 The provider assumes no liability for complications caused by incorrect or insufficient aftercare, improper treatment, failure to follow aftercare instructions or subsequent external influences, to the extent permitted by law.

12.6 The result of tattoo and piercing services may vary depending on skin condition, body area, aftercare, healing process and individual physical conditions.

12.7 The provider owes professional performance of the agreed service, but does not owe a specific healing process or a result that is identical in every respect to templates, drawings or reference images.

1. Underage Customers

13.1 Tattoo and piercing services for underage persons are performed only in accordance with statutory requirements and after individual assessment.

13.2 The provider is entitled to refuse performance for underage persons even if consent from a legal guardian has been provided.

13.3 The provider may request presentation of a valid identity document and, where applicable, consent from a legal guardian.

1. Right of Withdrawal

14.1 Consumers generally have a statutory right of withdrawal, unless a statutory exclusion applies.

14.2 Further information on the right of withdrawal can be found in the provider’s withdrawal policy.

14.3 The right of withdrawal may be excluded in particular for custom-made goods, personalized products, digital content after performance has begun under the statutory conditions, as well as for date-specific services, events or leisure offers.

1. Retention of Title

15.1 Delivered goods remain the property of the provider until full payment has been made.

1. Liability for Defects

16.1 The statutory provisions on liability for defects apply.

16.2 The customer is asked to inspect delivered goods upon receipt for obvious transport damage and to inform the provider of any damage found. The customer’s statutory rights remain unaffected.

16.3 For services, the statutory provisions apply. A defect does not already exist merely because a tattoo, piercing or other result turns out differently than expected due to individual physical conditions, skin condition, aftercare or healing process.

1. Liability

17.1 The provider is liable without limitation in cases of intent and gross negligence.

17.2 In cases of simple negligence, the provider is liable only for breach of essential contractual obligations. Essential contractual obligations are those obligations whose fulfillment is necessary for the proper performance of the contract and on whose compliance the customer may regularly rely.

17.3 Liability in cases of simple negligence is limited to the foreseeable damage typical for the contract.

17.4 Liability for damages arising from injury to life, body or health remains unaffected.

17.5 Liability under mandatory statutory provisions also remains unaffected.

1. House Rules and Conduct in the Studio

18.1 The provider exercises house rules on the business premises.

18.2 Customers must behave in such a way that the proper operation of the studio, appointments or events is not disrupted.

18.3 The provider is entitled to refuse entry to persons or to remove them from the premises if there is an objective reason, especially in cases of disrespectful behavior, aggressive conduct, apparent impairment due to alcohol or other substances, hygiene concerns or violations of staff instructions.

18.4 In such cases, there is no entitlement to performance of a service if the non-performance is attributable to the customer.

1. Copyrights and Rights of Use

19.1 Drafts, drawings, designs, texts, photos, videos, digital content and other creative services of the provider are protected by copyright where they meet the required level of originality.

19.2 Without the provider’s express consent, these contents may not be reproduced, published, modified, commercially used or passed on to third parties.

19.3 The provider is entitled to use photos or videos of its own work for reference, portfolio, documentation and advertising purposes, provided that the customer has consented to this or no identifiable personal characteristics are visible.

19.4 The customer’s personal rights and data protection rights remain unaffected.

1. Applicable Law

20.1 All legal relationships between the provider and the customer are governed by the law of the Federal Republic of Germany.

20.2 For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory statutory provisions of the country in which the consumer has their habitual residence.

1. Alternative Dispute Resolution

21.1 The European Commission provides a platform for online dispute resolution at: https://ec.europa.eu/consumers/odr

21.2 The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

1. Final Provisions

22.1 If individual provisions of these General Terms and Conditions are or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.

22.2 Amendments and additions to individual agreements must be made in text form unless otherwise required by law.

22.3 The contract language is German. If an English version is additionally provided, it serves for better understanding. In case of doubt, the German version shall prevail.