Imprint & Terms and Conditions

Unless otherwise agreed in individual contracts, the following shall apply:

1. Scope of application, deviating agreements
   
   
   • The following General Terms and Conditions of Sale and Delivery ("GENERAL TERMS AND CONDITIONS") apply to all agreements concluded by us with our customers (hereinafter "Buyer") concluded purchase and delivery contracts, including any ancillary agreements, insofar as the customer is an entrepreneur and concludes the contract in the exercise of his commercial or independent professional activity within the meaning of § 14 BGB (German Civil Code).
     
     
   • Deviating terms and conditions of the buyer that are not expressly recognised shall not apply. This shall also apply if we provide our services without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from our General Terms and Conditions.
     
     
2. Contract conclusion
   • Our offers, including the sales prices stated in our price lists, are subject to change unless expressly labelled as binding. Verbal or written orders constitute a binding offer to which the customer is bound for 14 days.
   • The contract is concluded by our order confirmation (also by e-mail) or by delivery of the ordered goods by us.
     
     
3. Product documents
   • Documents, illustrations, drawings, information on performance, weights and dimensions in our catalogues, product sheets and on the website are as accurate as possible, but are only approximate values and do not constitute a specification of the quality of the goods, unless they are expressly designated as binding. We reserve the right to make improvements and dimensional changes to the extent customary in the trade and reasonable for the Buyer.
     
     We reserve the property rights and copyrights to illustrations, drawings and other documents. They may not be copied or made accessible to third parties or used for self-production without our express written consent. Prices / Terms of payment / Prohibition of offsetting and retention.
     
     
   • Delivery shall be made on the basis of the price lists valid at the time of conclusion of the contract. Unless otherwise agreed, prices are net prices in euros "ex works" (Incoterms 2020) in Hamburg without packaging plus statutory VAT and any other taxes and duties incurred for the fulfilment of the order.
     
     
   • If, after conclusion of the contract, the circumstances relevant for determining the remuneration, in particular costs for materials, wages, transport and public charges to be borne by us, change in a way that is neither foreseeable nor attributable to us, we reserve the right to adjust our prices in the same proportion. If the aforementioned circumstances lead to a reduction in costs, we undertake to reduce our prices to the Buyer in the same proportion.
     
     
   • Unless otherwise agreed by the parties in writing, all invoices for deliveries (or other services) shall be paid within 30 days of the invoice date without deduction. The receipt of the money by us shall be decisive for the timeliness of payment. If this period expires without payment, the Buyer shall be in default of payment.
     
     
   • If the Buyer is in default of payment, we shall charge interest at a rate of 9 percentage points above the current base rate of the European Central Bank per annum. We reserve the right to claim higher damages for default.
     
     
   • Cheques and bills of exchange shall only be accepted by express agreement and only on account of performance, with any charges and discounts being charged.
     
     
   • Our claims shall become due immediately, irrespective of the term of cheques and bills of exchange accepted on account of performance, if contractual agreements have been seriously breached by the Buyer and the Buyer is responsible for this. In this case, we are entitled to demand payment of outstanding deliveries or services.
     
     
   • Objections to our invoices must be raised by the Buyer no later than two weeks after receipt of the invoice. If the Buyer fails to notify us in due time, the relevant invoice shall be deemed approved. We are obliged to make special reference to this effect in our invoices.
     
     
   • Offsetting against counterclaims of the Buyer or the withholding of payments due to such claims is only permissible if the counterclaims are undisputed, ready for judgement or have been legally established.

4. Delivery and consequences of delayed delivery
   • The delivery periods and dates stated by us are only approximate unless they have been expressly agreed as binding.
     
     
   • Deliveries are ex works (Incoterms 2020) in Hamburg.
     
     
   • We are entitled to make partial deliveries and render partial services as is customary in the trade, unless the partial delivery or partial service is unreasonable for the Buyer or contractually excluded.
     
     
   • In cases of force majeure or other events unforeseeable at the time of conclusion of the contract, which we were unable to avert despite reasonable care in the circumstances of the individual case, regardless of whether they occurred at our premises or those of our suppliers or subcontractors (reservation of self-supply), such as war, natural disasters, operational disruptions, lawful strikes, lockouts or official orders, these delivery periods/dates shall be extended by the duration of the hindrance and a reasonable start-up period. If such a disruption leads to a delay in performance of more than four months, both parties may withdraw from the contract. If delivery becomes impossible or unreasonable as a result of the aforementioned circumstances, for which we are not responsible, we shall be entitled to withdraw from the contract in whole or in part due to the part of the contract not yet fulfilled. In this case, the Buyer shall not be entitled to any claims for damages against us. Any statutory rights of cancellation shall remain unaffected by this.
     
     
   • If the customer has to set a reasonable period of grace in order to assert rights against us, this period of grace shall be at least two weeks.
     
     
   • In the event of delayed delivery or impossibility of delivery, we shall only be liable for claims for damages in accordance with Section 8.
     
     
5. Transfer of risk
   Unless otherwise agreed, delivery shall be "ex works" (Incoterms 2020) in Hamburg.
   
   
6. Defects / Warranty
   • We guarantee the faultless manufacture of the goods supplied by us in accordance with the agreed technical delivery specifications. We do not assume any guarantees unless they have been expressly agreed.
     
     
   • Our products are mixtures for use in tattoos, which may trigger allergic reactions when used in specific individual cases despite compliance with legal regulations. Compatibility must be tested before use. The products are intended for professional use only.
     
     
   • The goods shall also be deemed to be free of material defects within the meaning of Section 434 BGB if they are not suitable for normal use and/or have a quality that falls short of the usual quality of goods of the same type. In this respect, only the quality agreed between the parties is decisive for the freedom from defects of the goods.
     
     
   • The Buyer must carefully inspect the delivered goods immediately upon arrival at the place of destination, even if samples or specimens were sent beforehand. Obvious defects must be reported to us in writing immediately, at the latest seven working days after delivery Hidden defects must be reported to us in writing immediately, at the latest seven working days after discovery. If the defect was already recognisable to the customer at an earlier point in time during normal use, this earlier point in time shall be decisive for the start of the period for giving notice of defects.
     
     
   • At our request, the rejected goods shall be returned to us carriage paid. If the complaint is justified, we shall reimburse the costs of the most favourable shipping route; this shall not apply if the costs increase because the goods are located at a place other than the place of intended use.
     
     
   • In the event of a defect notified in good time, the Buyer shall be entitled, at our discretion, to rectification of the defect or delivery of a defect-free item ("subsequent fulfilment"). Subsequent fulfilment shall take place at the place of the original delivery; it shall be deemed to have failed at the earliest after three unsuccessful attempts. Replaced parts shall become our property.
     
     
   • We shall bear the expenses required for the purpose of subsequent performance, in particular transport, travel, labour and material costs, if a defect actually exists. Subsequent fulfilment does not include the removal of the defective item or its reinstallation if the supplier was not originally obliged to install it.
     
     
   • Warranty claims shall not be considered for defects caused by unsuitable and improper use by the Buyer or third parties, normal wear and tear, faulty or negligent handling. The warranty shall not apply if the Buyer modifies the delivery item or has it modified by a third party without our consent, and this makes it impossible or unreasonably difficult to remedy the defect. In any case, the Buyer shall bear the additional costs of remedying the defect resulting from the modification.
     
     
   • The warranty period is one year from delivery. This shall not affect the statutory limitation periods in cases of fraudulent concealment and claims for delivery recourse in accordance with §§ 478, 479 BGB.
     
     
   • The Buyer shall only be entitled to claims for damages due to defects insofar as our liability is not excluded or limited in accordance with Clause 8. Further claims or claims other than those regulated in this clause 7 due to a defect are excluded.
     
     
7. Liability, limitation
   • We shall only be liable for gross negligence and wilful intent as well as in the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Buyer may regularly rely ("cardinal obligation").
     
     
   • In the event of a slightly negligent breach of a cardinal obligation, our liability shall be limited to damages foreseeable at the time of conclusion of the contract and typical for the contract. We shall not be liable for slightly negligent breaches of contractual obligations that are not cardinal obligations.
     
     
   • Insofar as our liability is limited or excluded, this shall also apply to the liability of our employees, representatives or vicarious agents.
     
     
   • The aforementioned limitations or exclusions of liability shall not apply in the event of fraudulent concealment of defects, the assumption of a guarantee or a procurement risk, for liability under the Product Liability Act or for physical injury (injury to life, limb or health). This does not imply a change in the burden of proof to the detriment of the Buyer.
     
     
   • With the exception of claims in tort, claims for damages by the customer for which liability is limited under this provision shall become time-barred one year after the commencement of the statutory limitation period.
8. Reservation of ownership
   • The following reservation of ownership serves to secure all our current and future claims against the customer arising from the current business relationship between the contracting parties, including all current account balance claims (hereinafter referred to as "Secured claims“).
     
     
   • All goods delivered by us shall remain our property until all secured claims have been paid in full. The goods and the goods covered by the retention of title which take their place in accordance with the following provisions are hereinafter referred to as "Reserved goods".
     
     
   • Any processing of the reserved goods shall always be carried out on our behalf and for us as manufacturer within the meaning of § 950 BGB, without any obligation on our part. Processed goods shall be deemed to be goods subject to retention of title in accordance with clause 9.2. We hereby offer the Buyer the granting of an expectant right to the new items created by processing, combining or mixing or our co-ownership shares in these new items. The Buyer accepts this offer.
     
     
   • If reserved goods are processed, combined or mixed by the Buyer with goods of other origin to form a new item or a mixed stock, we shall be entitled to co-ownership thereof in the ratio of the value of the reserved goods (final invoice amount including VAT) at the time of delivery to the value of the other processed, mixed or combined goods (final invoice amount including VAT) at the time of processing, processing, combining or mixing. The co-ownership share shall be deemed to be reserved goods in accordance with Clause 9.2. In the event that no such acquisition of ownership should occur for us, the Buyer hereby transfers his future ownership or - in the above-mentioned ratio - his co-ownership of the newly created item or of the mixed stock to us as security. We accept this transfer.
     
     
   • If the reserved goods are combined or inseparably mixed with other items to form a uniform item and if one of the other items is to be regarded as the main item within the meaning of § 947 BGB, the Buyer hereby assigns to us co-ownership of the uniform item in the ratio of the value of the reserved goods (final invoice amount including VAT) at the time of delivery to the value of the main item (final invoice amount including VAT), insofar as the main item belongs to him. We accept this transfer. The co-ownership share shall be deemed to be reserved goods in accordance with Clause 9.2.
     
     
   • The Buyer shall store the reserved goods for us free of charge. The reserved goods may neither be pledged to third parties nor assigned as security before full payment of the secured claims.
     
     
   • The buyer is obliged to treat the reserved goods with care.
     
     
   • In the event of seizure, confiscation or other dispositions or access by third parties to the reserved goods, the buyer undertakes to inform us immediately of our ownership and to inform us of this in writing in order to enable us to enforce our ownership rights, in particular by bringing an action in accordance with § 771 ZPO (German Code of Civil Procedure). The buyer shall bear all judicial or extrajudicial costs that must be incurred to cancel the seizure and to recover the reserved goods, insofar as they cannot be collected from third parties.
     
     
   • The Buyer shall be entitled to sell the reserved goods delivered in the ordinary course of business if it is ensured that its claims from the resale are transferred to us in accordance with Clauses 9.10 to 9.12.
     
     
   • In the event of resale of the reserved goods, the buyer hereby assigns to us by way of security the resulting claim against the purchaser as well as those claims which take the place of the reserved goods or otherwise arise with regard to the reserved goods, such as insurance claims or claims arising from unauthorised action in the event of loss or destruction, including all current account balance claims. We accept this assignment.
     
     
   • If the Buyer sells the reserved goods together with other goods not supplied by us, the assignment of the claim from the resale shall only apply in the amount of the value of our reserved goods (final invoice amount including VAT) at the time of delivery. In the case of the sale of goods in which we have co-ownership in accordance with Clause 9.4 or 9.5, the assignment of the claim shall apply in the amount of this co-ownership share.
     
     
   • If there is a current account relationship between the Buyer and its customer in accordance with § 355 HGB, the claim assigned to us by the Buyer in advance shall also refer to the recognised balance and, in the event of the customer's insolvency, to the "causal" balance then existing.
     
     
   • The Buyer is revocably authorised to collect the claims from the resale in accordance with Clauses 9.10 to 9.11. We are only entitled to revoke the direct debit authorisation in accordance with clause 9.14.
     
     
   • If the buyer does not fulfil his obligations arising from this contract with us, in particular if he is in default of payment, then
     • we may prohibit the resale, treatment and processing of the reserved goods and their mixing or combination with other goods;
     • we may withdraw from this contract in accordance with the general cancellation rules of § 323 BGB; in the event of cancellation, the Buyer's right to possession of the reserved goods shall expire and we may demand the return of the reserved goods; we shall be entitled, after consultation with the Buyer, to enter the Buyer's premises and take possession of the reserved goods at the Buyer's expense and, without prejudice to the Buyer's payment and other obligations, to realise them as best as possible by private sale or by auction; we shall offset the proceeds of realisation against the Buyer's liabilities after deduction of any costs incurred; we shall pay him any surplus.
     • the buyer must inform us upon request of the names of the debtors of the claims assigned to us so that we can disclose the assignment and collect the claims; all proceeds due to us from assignments must be forwarded to us immediately upon receipt if and as soon as claims on our part against the buyer are due;
     • we are entitled to revoke the direct debit authorisation issued.

• • If the realisable value of the securities existing for us exceeds our claims by a total of more than 10%, we shall release securities of our choice at the buyer's request.

9. Place of fulfilment, applicable law and place of jurisdiction
   • The place of fulfilment for all delivery and payment obligations is Hamburg, unless otherwise stated in the order confirmation.
     
     
   • German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
     
     
   • The place of jurisdiction for all disputes arising from or in connection with the delivery transaction - including actions on bills of exchange and cheques - shall be Hamburg, provided that the buyer is a merchant or has no general place of jurisdiction in Germany. However, we reserve the right to sue the buyer at his general place of jurisdiction. Statutory regulations on exclusive jurisdiction remain unaffected.
     
     
10. Final clause
    • The legal relationship between the buyer and us shall be governed solely by the contract concluded in writing, including these General Terms and Conditions of Sale. This fully reflects all agreements between the contracting parties at the time of conclusion of the contract. Any verbal or written agreements or conditions made prior to the conclusion of this contract as well as other pre-contractual correspondence and proposals shall be superseded by this contract unless it is expressly stated in each case that they shall continue to be binding.
      
      
    • Transactions with entrepreneurs shall be treated in the same way as transactions with legal entities under public law and special funds under public law.
      
      
    • Should any provision of this contract be or become invalid in whole or in part, the invalidity of this provision shall not affect the validity of the remaining provisions of this contract. The invalid provision shall be replaced by a legally valid provision that comes as close as legally permissible to the economic purpose of the invalid provision.