PARTS OF THE CONTRACT

The micro-enterprise Hyper Ma, whose registered office is located at 6 route de Dijon Hameau Chevigny 21600Fénay-FRANCE, Siret: 53796293800024, is designated in all contractual documents by the formula "the company", "the service provider", "the tattoo artist" or "the seller".
The micro-enterprise Hyper Ma aims to be entrusted with missions of creation and execution of tattoos, sale of products related to tattooing or any other similar or related activity.
Conversely, the natural or legal person on whose behalf the service is provided or to whom the goods are sold is designated in all contractual documents by the formula "the client".
The term "third party" refers to any natural or legal person not party to the contract.
These general terms and conditions of sale are intended to govern the contractual relationship between the company and its clients within the framework of its professional activity.

PURPOSE AND SCOPE OF APPLICATION

Toute commande de marchandises ou de prestations de services implique l’acceptation sans réserve par le client et son adhésion pleine et entière aux présentes conditions générales de vente qui prévalent sur tout autre document, sauf négociation de conditions particulières par l’entreprise.
Unless otherwise agreed, 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 invoke any of these general terms and conditions of sale at any given time cannot be interpreted as a waiver of its right to invoke any of said terms and conditions at a later date.

GENERAL INFORMATION

The company reserves the right to modify its terms and conditions of sale, its packages, and its prices at any time and without prior notice. These modifications will not affect orders already in progress. Prices are shown in euros, inclusive of all taxes.
The client using the company's services acknowledges having reviewed the tattoo artist's artistic and technical skills, as well as the risks associated with tattooing, before requesting their services, and accepts without reservation the following general terms and conditions of sale, as well as the warnings set forth in the extract from Law No. 57-298 of March 11, 1957, on artistic property (Official Journal of March 14, 1957), concerning authors' rights under intellectual property law. To this end, the client will affix their signature when placing the order.
Any signed quote implies full and unreserved acceptance by the client of these general terms and conditions of sale as well as the nature and conditions of the service provided.
The service includes everything explicitly listed in the "description" field. Conversely, it does not include anything not explicitly listed in that same field.

COMMITMENTS OF THE PARTIES

In general, the client and the tattoo artist agree to communicate any difficulties they become aware of as the project progresses, to allow the other party to take the necessary measures.

CLIENT

The client agrees to provide the most precise specifications possible (location, size, theme, style, etc.), to supply all visual and textual elements necessary for the successful completion of the order, and to hold the necessary intellectual property rights for all elements submitted to the tattoo artist. (The client is responsible for conducting prior art searches for names and designs. Only the client can be held liable in this regard.) The client also agrees to actively collaborate on the project's success by providing the tattoo artist with timely deliveries, adhering to the artist's technical and creative recommendations, and taking responsibility for their choices. Finally, the client agrees to pay the tattoo artist the agreed-upon amounts within the specified timeframe.

TATTOO ARTIST

The tattoo artist may be involved in developing the specifications jointly with the client and will keep them informed of the project's progress. They also undertake to keep strictly confidential all information and documents relating to the client that they may have had access to during the execution of the tattooing procedure (to learn more about the management of your personal data and to exercise your rights: www.cnil.fr).

ORDER AND FEES

The quote explicitly accepted by the client constitutes acceptance of the General Terms and Conditions of Sale and serves as a purchase order. Quotes issued by the tattoo artist are valid on the date of issue and for a period of one month. They are subject to revision, particularly in light of changes to the specifications. The quote must be accompanied by a deposit, the amount of which will be determined by the tattoo artist. Work will begin once all documents (explicitly accepted quote and deposit paid) and all necessary graphic and textual materials for the proper execution of the contract are available to the tattoo artist.
In the event that modifications (addition or deletion of data) requested by the client during the project—and resulting from an omission or error on their part—necessitate a substantial revision of the initial specifications or require additional work, these modifications will be billed separately from the initial quote. Payments for work already completed by the tattoo artist are due from the client and payable immediately.

PROJECT

After the initial consultation, once the client has been informed of the risks associated with tattooing, the tattoo artist's work, and has explained their project (theme, design, placement, size, style, etc.), the tattoo artist will assess whether the project seems feasible (or if they believe certain modifications are necessary) and will offer the client an approximate, non-binding price. The tattoo artist reserves the right to refuse any project that they deem unsuitable.

QUOTATION

Explicit acceptance of the quote, accompanied by payment of a deposit in an amount determined by the tattoo artist, will validate the established specifications. These specifications can then no longer be modified without incurring additional charges for the requested changes. This deposit is non-refundable under any circumstances and will confirm the order, allowing the tattoo artist to begin creating the tattoo design.

PREPARATORY MODEL

When the tattoo artist deems the design sufficient to begin the tattoo and meeting the specifications, they will submit it to the client for approval. A maximum of five revisions/corrections can then be made to the design at the client's request, provided they do not alter the specifications. Beyond five revisions, even if the design is not satisfactory to the client, the deposit will not be refunded, and any further modifications will incur an additional charge. If the client does not request a modification or provide approval within one month of the design's presentation, the order will be considered rejected without any possibility of a refund, and any subsequent request to proceed with the order will require the creation and approval of a new quote.

APPOINTMENT

Once the client has approved the specifications, the tattoo artist will schedule the necessary appointment(s) for the tattoo. To confirm these appointments, the client must pay the total amount quoted, after deduction of any deposit already paid, and sign a mutual consent document with the tattoo artist.
Once scheduled, any appointment cannot be canceled, rescheduled, or postponed by the client except for a serious reason, with the tattoo artist's agreement, and at least 48 hours before the scheduled appointment. Otherwise, any cancellation will result in an additional charge for booking a new appointment. The tattoo artist reserves the right to cancel an appointment if the client does not comply with the company's terms and conditions, with the same consequences for the client. Any cancellation made with the tattoo artist's agreement must be rescheduled within one month, otherwise an additional charge or cancellation of the order will be incurred.

CARE & TOUCH-UPS

A document offering aftercare advice will also be given to the client. The client is solely responsible for the care of their tattoo; the tattoo artist cannot be held responsible for any problems that may arise following the procedure.
In the event of any necessary touch-ups 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 charges.
Given the numerous and varied factors involved in creating a tattoo, and considering the unique nature of each client's skin, the tattoo artist cannot be held responsible for any differences between the design and the final tattoo.

THE SERVICE MAY NOT BE PERFORMED

In the event of a delay to your appointment deemed detrimental to the proper delivery of the service (maximum delay allowed: 15 minutes), an alternative appointment will be offered if possible, incurring an additional charge. After two consecutive delays, no further appointments will be offered.
In the case where the area to be tattooed has been the subject of a tattooing act by a third party or another tattoo professional.
In the case of a skin disease, damaged skin or any other skin damage that may contraindicate the practice of tattooing.
For any medical contraindication to tattooing.
In the event that the request is deemed not feasible as a tattoo.
In the event that the client has neglected to gather information on the risks associated with tattooing and its irreversible nature.
In the event that the client's behavior or language is deemed aggressive, disrespectful, inconsistent, or contrary to the proper execution of the service.
In the event that the tattoo artist believes that the client is not in a physical or mental state that makes them suitable for a tattoo session.
If the client does not respect the salon's rules.

PAYMENT and INVOICE

Payment in cash, by credit card, or bank transfer upon receipt of the invoice. No discount for early payment. Late payment penalties apply: three times the current legal interest rate. In the event of non-payment, a fixed recovery fee of forty euros will be due from the customer in addition to the late payment penalties.
In the case of an order requiring several appointments for a significant amount, it will be possible for the client, only with the agreement of the tattoo artist, to pay, during the execution of the order, several deposits of amounts fixed by the tattoo artist.

CANCELATION

In the event of cancellation or rescheduling of an appointment, the deposit paid is forfeited (in accordance with Article L.214-1 of the French Consumer Code). If the client terminates the contract before its completion, they formally agree to settle and pay all outstanding amounts related to the work in progress. All copyrights remain the exclusive and complete property of the tattoo artist, with the exception of data provided by the client. The source files and data created and used by the tattoo artist cannot therefore be claimed by the client without financial compensation. Designs, and more broadly, all original artwork, remain the property of the tattoo artist, as do rejected designs. The deposit already paid will be retained by the tattoo artist as compensation for the work undertaken.
In the event of incapacity for 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 payment of compensation.
The occurrence of a force majeure event suspends the performance of the company's contractual obligations. A force majeure event is defined as any event beyond the company's control that prevents its normal operations. The contract between the parties remains suspended until the causes of the force majeure event cease.
Force majeure encompasses irresistible, external, unforeseeable events or circumstances beyond the company's control, despite all reasonable efforts to prevent them. The following are also considered force majeure events: blockages of transportation or supply routes, earthquakes, fires, storms, floods, lightning, disruptions to telecommunications networks, including all networks accessible via the internet, or difficulties specific to telecommunications networks external to the company, and total or partial strikes hindering the proper functioning of the company or that of one of its suppliers, subcontractors, or carriers. The company will notify the client, and the two parties will then agree on the conditions under which the contract will continue to be performed. The parties agree that the company cannot be held liable in the event of force majeure. To this end, they agree to consider as constituting force majeure events those recognized as such by the courts.

DISPUTES

This contract is governed by French law. Any dispute or disagreement concerning the interpretation or performance of this contract shall, in the absence of an amicable agreement between the parties, be brought before the competent courts.

OWNERSHIP OF THE WORK COMPLETED

All production and related rights pertaining to this order remain the sole and exclusive property of the tattoo artist until all invoices issued are paid in full by the client. Consequently, the client will become the de facto owner of the production and the transferred rights upon final and complete payment of all invoices issued by the tattoo artist for this order. Unless otherwise stated in the quote, production files and source files remain the property of the tattoo artist. Only the finished product will be delivered to the client. The tattoo artist is not obligated to provide the client with source files, only the final product. All work performed by the tattoo artist, particularly preliminary studies, remains confidential and may not be shared by the client with any third party without prior consent.

PRINCIPLE OF TRANSFER

In accordance with the French Intellectual Property Code (articles L. 121-1 to L. 121-9), it is reiterated that the moral rights to a work (including, among others, the right to respect for the work and the right to respect for the author's name) remain with its author in perpetuity and are imprescriptible. Therefore, only the economic rights explicitly stated in this order will be transferred to the client, to the exclusion of all others, and within any limitations also specified herein (limitations of media, territory, or duration). Any full or partial representation or reproduction made without the consent of the author or their successors in title is unlawful and punishable under the laws relating to copyright infringement. The same applies to translation, adaptation or transformation, arrangement, or reproduction by any means or process whatsoever (article L. 122-4 of the French Intellectual Property Code).

RIGHT OF ADVERTISING

The tattoo artist reserves the right to publicly mention the work done for the client and to present it as a reference in the context of their commercial prospecting, external communication, advertising efforts, and the client agrees never to object to this.
Unless explicitly stated otherwise, by explicitly accepting the quote, the client waives their image rights and authorizes the company to use any visual media (photographs, videos, etc.) in which they appear. The company reserves the right to distribute these images through any communication channels it deems necessary.