§1 Scope

All orders and business relationships between Brennnessel Tattoo Studio, Richard-Sorge-Straße 24, 10249 Berlin, represented by:
Owner Andrey Gutthardt
Gutthardt Media UG
Ringbahnstr. 10
10711 Berlin,
and the customer are governed by the following terms and conditions.

All our services are provided exclusively under the application of the following General Terms and Conditions (GTC).

These contractual conditions apply to all tattoos created at Brennnessel Tattoo Studio, located at Richard-Sorge-Straße 24, 10249 Berlin, regardless of the individual performing the service.

§2 Conclusion of Contract

The contract for the creation of a tattoo is concluded when the customer commissions the design for the tattoo and schedules an appointment. The commissioning is evidenced by the payment of a deposit or appointment reservation by the customer. By making a deposit, the customer enters into a legally binding purchase agreement. With the deposit, the customer confirms acceptance of the general terms and conditions listed under GTC.

§3 Appointment Scheduling and Deposits

The customer may schedule one or more appointments with the artist for a project. A new deposit is due for each individual appointment. This deposit is individually agreed upon, considering the duration of the appointment and the total fee. The deposit is carried over from appointment to appointment and is applied to the total fee upon completion of the work, i.e., at the final appointment.

The tattoo design template will be created exclusively during the agreed tattoo appointment and will not be sent in advance. This ensures an efficient workflow and allows for individual adjustments to the design on-site. Consultation and template creation are part of the appointment and included in the price.

Refunds of the deposit are generally not possible, with the following exceptions:
1. Rescheduling is possible up to 3 business days before the appointment, either in person, by phone, or via email. In this case, the customer is entitled to a replacement appointment but not to preferential treatment in scheduling the new appointment or to a refund of the deposit.
2. The deposit will also be refunded if the template does not meet the customer's request.
3. The deposit is forfeited and retained as damages (in accordance with § 642 Abs. 1 BGB) and not applied to the total fee if the customer fails to appear for a scheduled appointment without canceling at least 3 business days in advance by phone, in person, or via email. A new deposit is required to schedule a new appointment.
4. The deposit is not refunded if the template was confirmed by the customer and subsequently canceled.

Until a new deposit is made, the claim to a replacement appointment as well as any already scheduled follow-up appointments are forfeited. This applies particularly to touch-up appointments for which no deposit was made.

The deposit or appointment reservation amount consists of the following parts:
- On-site consultation
- Online/telephone consultation
- Communication with the tattoo artist
- Creation of a draft

These are generally free once the customer receives their tattoo and pays the cost. In any other case, the deposit is not refunded and serves as compensation for the aforementioned services provided by us.

§4 Prices

The prices specified in the order are final prices, including the statutory VAT, currently at 19%. If our cost factors change unforeseeably after the order has been placed or if the rate of statutory VAT changes after the order has been placed, we are entitled to demand a corresponding price adjustment if the tattoo appointment is scheduled to take place more than four months after the order was placed.

Prices are individually determined. Price agreements are binding for the customer. Unless otherwise agreed, the creation of the template is not separately charged but included in the total amount.

If the customer requests a change to the agreed work that goes beyond minor modifications, the tattoo artist may determine a new price for it. The customer is free to accept this price or withdraw from the appointment. In this case, a refund of the deposit is not possible.

Delays due to tardiness are counted towards the duration of the session.

§5 Rights and Obligations of the Customer

The customer is responsible for ensuring they appear at the scheduled appointment in a condition that allows the tattoo artist to work reasonably. This includes, in particular:

1. The customer must be of legal age, or, if aged 16-17, have the consent of a legal guardian.
2. The customer must be in a hygienic state acceptable to the artist.
3. The customer must not have any blood diseases or increased bleeding tendencies.
4. The customer must not have any skin diseases.
5. The customer must not be taking any blood-thinning medications.
6. The customer must not have any allergies.
7. The customer must not have any heart or circulatory conditions.
8. The customer must not have any infectious diseases.
9. The customer must not have taken any medications.
10. The customer must not have any chronic or acute illnesses.
11. The customer must not have consumed alcohol or other drugs.
12. The customer must not have applied any topical anesthetics.
13. The customer must not have any impairments of their ability to form or exercise will.
14. The customer must not have undergone any surgical procedures or radiation treatments.
15. The customer must not have a tendency for keloid formation or sarcoidosis.
16. The skin must not have been excessively exposed to UV radiation in the past 4 months.
17. There must be no fresh scars.
18. The customer must not have recently undergone laser treatment.
19. The customer must not be pregnant.
20. The customer must not be breastfeeding.

We kindly ask for the client to come alone.

The customer is aware of the following information:

1. Tattoos are permanent. Complete removal is not guaranteed and may pose health risks. Tattoo ink is introduced into the second layer of skin using needles, which injures the skin and can be painful. This process constitutes bodily harm under § 223 Abs. 1 StGB and § 228 Abs. 1 StGB. We use only certified tattoo materials according to BVL § 1 - 4 TätoV.

2. The quality of a tattoo depends on the condition of the skin. There may be deviations between the template and the finished tattoo. Tattoos undergo aging processes with living tissue, especially accelerated by strong sun exposure, causing colors to fade and outlines to blur. This can be countered with appropriate measures.

3. Despite utmost care, caution, proven techniques, and work materials, side effects and/or complications can occur during/after tattooing, such as: circulatory problems, chills, bleeding from the tattoo, swelling of the skin with itching and redness, scarring, unintended color gradients (so-called blowouts) due to unfavorable connective tissue, photosensitivity of the tattoo, occurrence of keloids or sarcoidosis, non-allergic foreign body reactions. In some cases, despite hygiene and cleanliness, infections and/or spread of germs can occur, especially due to improper aftercare. Intolerances to individual colors have also been observed. If such a case occurs, we ask that you inform us immediately and consult a doctor for significant impairments. Under § 52 Abs. 2 SGB V, the statutory health insurance may seek recourse in case of complications.

4. If the tattoo is a cover-up, it cannot be predicted in advance whether and with what time and effort the old tattoo can be covered. It cannot be excluded that interactions with the previously applied tattoo ink of the tattoo to be covered may occur.

5. If a previous tattoo has been removed or lightened on the area to be tattooed, by any method, there is a risk that the result of the subsequent tattoo may deviate from the desired result. The skin may be impaired in its color uptake or tend to scar formation. The same applies to stretch marks, scars, and any skin peculiarities.

6. As the tattooing process is painful, sudden and unforeseeable movements by the customer can occur. Despite light fixation by pressing and stretching the skin area, the tattoo artist cannot entirely prevent reflex reactions, only try to minimize them. In these cases, the quality of the tattoo can be affected: needle guidance may not be consistent, leading to irregularities.

7. In some cases, the skin's ability to absorb tattoo pigment is limited due to its condition. Such cases are unfortunately not foreseeable and make it difficult to achieve a satisfactory result. Factors that favor such skin conditions include significant UV exposure and steroid abuse.

Data Protection Declaration:

We will take photographs before, during, and after the tattooing process in accordance with § 2 Abs. 1 Nr. 4 UrhG. You hereby expressly consent to these images being used beyond the permissible purpose as per § 6 Absatz 1(f) EU-GDPR for the purpose of external presentation on various platforms.

With this consent, health data is collected to determine whether the execution of the contract is possible without risk to health and without compromising the result of our work. These data are special data within the meaning of Art. 9 EU-GDPR. This data collection is hereby expressly consented to. These data will not be disclosed to third parties and will be retained by us for a duration of 10 years according to § 5 Abs. 1 lit. b) GDPR.

This consent can be revoked at any time in accordance with Art. 7 Abs. 3 EU-GDPR.

Data Processing for Advertising Purposes

Occasionally, after the work has been completed, we will send you information about special offers. You will receive these offers regardless of whether you have subscribed to a newsletter. For this purpose, we use the contact details you provided during the appointment booking to promote our own goods and/or services similar to those you requested at the time of booking. The legal basis for this data processing is Art. 6 Abs. 1 lit. f) GDPR. You have the right to revoke this consent.

Data Security

All personal data you provide, especially any risk factors, will be kept securely and used only for necessary purposes. General technical-organizational measures according to Art. 32 EU-GDPR ensure confidentiality (Art. 32 Abs. 1 lit. b EU-GDPR).

Access and Access Control

The cabinet containing your personal data, especially health data (risk factors), is located outside areas accessible to the public, ensuring only authorized staff have access. The cabinet is always locked, and only employees who have signed a confidentiality agreement hold the keys.

Pseudonymization

Work documents only note that there are risk factors to consider for the appointment, without specifying what they are. Further details will be asked directly by authorized personnel.

Integrity (Art. 32 Abs. 1 lit. b EU-GDPR)

Data Transfer Control

Large-scale data transfer is practically excluded due to primarily paper-based processing. To prevent individual data transfers, each additional employee, such as those under a space rental agreement, signs a confidentiality agreement.

Contract Control

The studio collects your personal data for additional employees. A data processing agreement under GDPR has been established.

Typically, the tattoo artist applies a stencil to the skin at the beginning of a tattoo session. The customer carefully examines the positioning and content of the stencil for any errors and communicates any change requests or errors to the artist before the tattooing begins. By starting the work, the customer agrees to the positioning and content of the tattoo.

The customer follows the tattoo artist's instructions before and during the procedure. Only then can the tattoo artist ensure the procedure's safety. The customer consents to the procedure before the appointment and provides written consent. If the customer does not fulfill their obligations as described above before or during an appointment, it is considered a cancellation by the customer due to circumstances for which they are responsible.

The tattoo artist grants the customer an unrestricted, perpetual, and irrevocable right to use the completed work. However, the customer does not have the right to receive any sketches that may have been made. If the customer wishes to purchase these sketches individually, a separate agreement is required. It is up to the artist to agree to such an arrangement.

For designs tattooed upon customer request, the customer indemnifies the tattoo artist from all third-party claims regarding the usage rights to the design.

§6 Rights and Obligations of the Studio

We adhere to all aspects of German law. We use only EU-certified materials and tattoo supplies according to BVL § 1 - 4 TätoV. The customer will be informed in writing about the procedure and associated risks before the appointment. The studio and the tattoo artist may refuse to perform a job without providing a reason, particularly in the following circumstances:
- The tattoo design is a direct copy of another tattoo artist's work.
- The design or motif is not feasible for a lasting quality tattoo due to its size.
- The content of the work is in significant conflict with the studio owner or tattoo artist's beliefs.

The copyright and exploitation rights of a tattoo design always remain with the tattoo artist.

We note that the studio has the right under §642 BGB to demand reasonable compensation for non-attendance at an agreed appointment without timely cancellation. In such cases, the studio also has the right to cancel all further appointments of the customer under § 643 BGB.

If the customer consents to the photography of a completed work by the studio, both the tattoo artist and the studio have the unrestricted and free right to use, reproduce, and publish these photographs. If the customer does not wish to be personally named, they should inform the studio when the photo is taken. At the customer's request, the work can also be photographed in a way that does not include or makes the customer's face unrecognizable.

§7 Touch-Ups

Touch-ups are not free of charge. The minimum price is €30. For hands, face, and feet, the price can be up to 50% of the original price. The validity period is 3 months, counted from the day the tattoo was completed. After this period, the price will be individually determined. If the color loss is due to improper care of the tattoo, a price will be individually agreed upon.

§8 Vouchers

Any customer can purchase gift vouchers for any amount, either on-site at the studio or through the online shop. Vouchers are transferable. Vouchers are valid for 3 years after the end of the year of issue according to applicable law. Vouchers are not payable in cash, even in part.

§9 Disclaimer

No liability is assumed for complications in wound healing and any resulting consequences due to errors or negligence on the part of the customer. The customer is advised to follow the aftercare instructions and contact us immediately or consult a doctor in case of an unexpected healing process.

It is noted that during a procedure, even with the utmost care, clothing and footwear can become soiled or damaged by ink, disinfectants, and other materials. Old and/or dark clothing is recommended for the appointment. Neither the studio nor the artist is liable for soiling or damage to clothing and footwear unless it was caused by gross negligence or intent.

Our liability for damages, regardless of the legal reason, is limited as follows:
- We are not liable for simple negligence by our organs, legal representatives, employees, or other agents, except for the violation of essential contractual obligations.
- To the extent that we are liable for damages in principle, this liability is limited to damages that we foresaw as a possible consequence of a breach of contract at the time of the conclusion of the contract or that we should have foreseen using due diligence.
- We are not liable for complications arising from the presence of exclusion criteria not communicated to us or from the customer not following our aftercare instructions.
- The exclusions and limitations of liability apply equally to our organs, legal representatives, employees, and other agents.
- The limitations do not apply to our liability for intentional conduct, guaranteed quality features, injury to life, body, or health, or under the Product Liability Act.

Failure to comply with the customer's disclosure obligations may have civil and criminal consequences.

§10 Miscellaneous

The provisions of the German Civil Code, as amended, apply in addition to these terms and conditions unless they contradict these terms and conditions. The place of jurisdiction is Berlin.

If a provision of these terms and conditions or the contract between the studio or artist and the customer becomes invalid, the remaining terms and conditions and the contract remain unaffected. The invalid provision is to be replaced by a valid provision that economically comes as close as possible to its meaning.

The customer may only assign claims against us to third parties with our written consent. Only the customer and employees of Brennnessel Tattoo Studio are allowed access to the work areas. Third parties are not permitted. Animals are not allowed in the studio due to strict hygiene regulations.