Website Terms and Conditions
Introduction
To the fullest extent permitted by law, the controlling language for these Conditions is English. Any translation has been provided for your convenience only.
The Website is owned and controlled by Killer Ink Limited (registered company number 06803935) whose registered office is at 54 Evans Road, Venture Point, Speke ,Liverpool, L24 9PB (we/us). We are VAT registered. Our VAT number is 316 2249 24. Any agreement or contract you enter into through the Website will be with us unless we notify you to the contrary. These Conditions shall apply to you when using this Website including the placing of orders for our products and services.
You can contact us as follows:
Tel: 0044 (0)151 708 0000
Email: [email protected]
Definitions
The words below shall have the following meanings:
"Conditions" these terms and conditions;
“Content” all content on the Website, including without limitation copy, text, artwork, graphics, logos, trade marks, designs, icons, images, audio and /or visual footage, data and software;
“Force Majeure” any Act of God, war, riot, civil disturbance, workforce matters, terrorism, fire, storm or flood, legislation or law, restriction, regulation, bye-law, measures by governmental, parliamentary or local authority, import or export regulation or embargo, strike, industrial dispute, or lockout, explosion, power outage, breakdown, or unavailability of plant, property, and/or machinery or any other cause beyond our reasonable control;
"Personal Information" the personal details provided by you;
"Product" a product displayed for sale on the Website;
“Purchaser” an individual and/or business entering into a contract to purchase our services and/or products;
“Registered Studio” a tattoo studio registered with the local Environment Health Department, under the Local Government (Miscellaneous Provisions)Act 1982 or equivalent department or legislation of the relevant territory where the tattoo studio carries on its business;
“Trade Marks” our trade marks whether registered or unregistered including but not limited to “Killer Ink”;
“Website” the website www.killerinktattoo.co.uk and any similar site owned and controlled by us including but not limited to www.killerinktattoo.de www.killerinktattoo.dk www.killerinktattoo.es www.killerinktattoo.fi www.killerinktattoo.fr www.killerinktattoo.ie www.killerinktattoo.it www.killerinktattoo.nl www.killerinktattoo.no www.killerinktattoo.pl www.killerinktattoo.pt www.killerinktattoo.se and www.killerinktattoo.com;
“you” the person visiting or using the Website and who may be the Purchaser or an agent, employee, contractor, officer or member of the Purchaser.
Website usage
You are provided with access to the Website in accordance with these Conditions and any orders placed by you are placed strictly in accordance with these Conditions.
You warrant that the Personal Information which you provide is true, accurate, current and complete in all respects and in particular You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree to notify us immediately of any changes to your Personal Information.
You agree to fully indemnify, defend and hold us and our officers, directors, employees, agents and suppliers, harmless from and against all reasonable claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach by you of these Conditions or any other liabilities arising out of your use of the Products, of this Website, or the use by any other person accessing the Website using your Personal Information.
We may alter the Website (or any part) with or without providing notice to you and shall not be liable to you or any third party for any alteration to or withdrawal of the Website.
We may alter the Conditions from time to time and any use of the Website after an alteration shall be deemed to be your acceptance of the alteration. It is your responsibility to check regularly to determine whether these Conditions have been changed. You must stop using the Website immediately if you do not agree with any alteration.
Your privacy is important to us. Please refer to our Privacy Policy.
Orders
Our policy is to supply Registered Studios only. A copy of your registration certificate issued by your local environmental health department (or equivalent) may be required at our discretion before initial orders are processed and at any time we in our reasonable opinion consider such a request is necessary.
You warrant that you will use the Products in compliance with all relevant laws and regulations.
You warrant that you shall not supply or make available the Products to minors or vulnerable persons.
You warrant that the purchase of the Products is for use at your Registered Studio only and you warrant and undertake not to sell or offer for sale the Products to consumers or unregistered studios.
All orders are subject to acceptance in accordance with our order acceptance policy
We shall not unless by our own negligence be held liable for any loss you suffer if a third party procures unauthorised access to any data you provide.
All Products are subject to availability.
A contract is made between us and the Purchaser as follows:
the Products are placed on the Website as an invitation to treat only;
the Purchaser places the order on the Website by emailing us, clicking an order key or by calling us and this is your offer to purchase the Products;
once payment is received and cleared through our bank account your offer to purchase the Products shall be deemed accepted.
If you have provided us with a valid e-mail address we will send you an acknowledgement of that order by e-mail. This will set out the Product(s) ordered. Please note that this is not an order confirmation or order acceptance from us.
Your order may not be accepted for the following reasons:
the Product ordered is not in stock;
you are not a Registered Studio;
you were not eligible to make an order in accordance with the Conditions;
you are not eligible under any relevant laws, regulations, statute or similar to purchase and/or sell the Products;
we could not acquire the necessary authorisation for payment or we discovered a problem receiving your payment;
there was an error with the description of the Products or matters relating to the Products.
We reserve the right to reject for any reasonable and lawful reason any offer to purchase by you at any time.
Payment
The Purchaser confirms that they have the right to make the payment and to use the method of payment elected by the Purchaser. If there is an issue with payment transaction for any reason we shall not be liable for any delay or non-delivery.
We reserve the right to withdraw any Products from the Website at any time and/or remove or alter the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will notify you if the order is not accepted. We will not be liable for withdrawing any Product from the Website even if that Product has been ordered; nor shall we be liable for refusing to process a transaction even where processing has commenced.
Risk and title to the Products transfers to the Purchaser on receipt of payment.
The Purchaser must:
provide their real name, studio name, position within the business, phone number, e-mail address, payment details and other requested information;
provide a delivery address.
Limitation of liability
This Website and the Content is designed for people accessing it from within the United Kingdom and we make no representation that any Products displayed for information only on the Website is appropriate for use, or available outside of that territory. Where your order is for delivery to a territory outside of the United Kingdom you warrant that you have the right in that territory to purchase the Products and that use of the Products in the territory shall be lawful. You agree to fully indemnify, defend us and hold us harmless against any losses, costs, fines and/or payments we may incur as a consequence of our delivery of your order.
We recommend spot testing or consultation with a dermatologist prior to use of the Products.
We do not warrant (expressly or impliedly) that the function, operation or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or its server will be free of viruses or other harmful elements. It is a condition of you visiting and a using the Website that you agree to these Conditions and you acknowledge and accept that access is at your own risk. We shall not be liable for damages consequential or otherwise related to your use of or inability to access the Website subject to any legislation or law to the contrary. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
We have made every effort to display the Products featured on the Website as accurately as possible. However, the colours used may appear quite different on the device that you are viewing. We will not be held responsible for the limitations of technology and cannot guarantee that your device’s display of any colour, texture, or detail of actual merchandise will be accurate.
We do not make claims to the accuracy, either expressed or implied of the Content of the Website. We reserve the right to amend errors, make changes to the Website or to the Product information at any time without prior notice and without any liability on our part. To the fullest extent permitted by law, we disclaim all warranties, expressed or implied.
There may be links on the Website to other websites which are not under our control. If you click on any of these external links, you will then leave the Website to other websites which we have no control over and will accept no responsibility or liability for the Content, accuracy or any other aspects of any website that is not under its control. An inclusion of a link does not imply our endorsement of any other site, site owner or content.
Subject to fraudulent or negligent misrepresentations, we will not be liable for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Our liability under any contract for Products purchased shall be limited to the value of your order.
We shall not be under any liability to you due to our failure, delay or default in carrying out all or any of our obligations under these Conditions due in whole or in part to an event of Force Majeure.
Nothing in our Conditions or on the Website shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Nothing in our Conditions or on the Website shall affect your statutory rights.
Intellectual Property
The Content of the Website and the rights in and to the Content is owned and controlled by us or licensed to us.
The Trade Marks used on the Website are our registered and unregistered marks and are protected by English and international trade mark laws.
You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws
This Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through our Website.
Severability
If any part of the Conditions shall be deemed, by a court (or similar authority) of competent jurisdiction, unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severed from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Third Party Rights
For the avoidance of doubt nothing contained in these Conditions shall confer on any third party any benefit or the right to enforce any term of these Conditions or any contract with us.
Waiver
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
Entire agreement
You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save in so far as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation.
Law and jurisdiction
The Conditions shall be governed by and construed in accordance with the laws of England the courts of which shall have exclusive jurisdiction.
Newsletter Opt-Out Policy
Opting Out of Our Newsletters
Killer Ink Tattoo will only send you e-mails that are deemed relevant to you based upon your e-mail subscription criteria. Presently, Killer Ink Tattoo only e-mails newsletters for its customers, and sends transactional e-mails through our eCommerce software.
Our newsletter, which is currently only for past customers or customers who have explicitly signed up will provide you the option to stop your e-mail subscription, which will instruct Killer Ink Tattoo to remove you from our newsletter mailing list. Our newsletters will include an opt-out notice and unsubscribe link at the footer of the message. This notice will contain instructions for you to follow in order to opt-out from receiving further newsletters from us.
Recipients have the ability to stop receiving e-mails from Killer Ink Tattoo at any time. In the event you find our newsletters are no longer relevant to you based on your needs, you may directly unsubscribe as well by visiting the newsletter section within your customer account. We will never share your details with 3rd parties.
Social Media Competitions Terms & Conditions
1. The Promoter of this promotion is Killer Ink Ltd, Venture Point West, 54 Evans Road, Speke, Liverpool, L24 9PB (the “Promoter”).
2. The promotion is open to entrants worldwide, aged 18 years or over, excluding employees of Killer Ink Ltd.
3. There is no entry fee and no purchase necessary to enter the promotion.
4. By entering the promotion, entrants are indicating their agreement to be bound by these terms and conditions.
5. The promotion will run on Facebook and Instagram. By entering, entrants confirm that they agree to be bound by the terms of service of the social media site they use to enter the promotion (Facebook or Instagram).
6. Late entries will not be accepted.
7. No responsibility can be accepted by the Promoter for entries not received for whatever reason.
8. The prizes, entry instructions and promotional period can be found on the relevant social media promotion posts.
9. The Promoter reserves the right to cancel or amend the promotion and these terms and conditions without notice in the event of any circumstances occurring that are outside of the Promoter’s control. Any changes to the promotion will be notified to entrants as soon as possible by the Promoter.
10. The Promoter reserves the right to substitute a prize of equal or greater value should circumstances outside its control make this necessary.
11. The winner(s) will be randomly selected within 1 week from the end of the promotion and contacted via social media or telephone. If the winner(s) fail to respond within 5 working days, they forfeit any right to the prize(s) and a redraw will take place from the remaining valid entries to select a new winner(s).
12. Please allow 28 days for delivery of the prize(s) from the date of claiming the prize(s).
13. The Promoter reserves the right to verify winners and ask for proof of identity, age and address, and to withdraw prize entitlement where there are reasonable grounds to believe there has been a breach of these terms and conditions.
14. By entering the promotion and accepting these terms and conditions, entrants agree that the Promoter reserves the right to use and feature their name(s) and social media accounts for publicity purposes.
15. Any personal data relating to the winner or any other entrants will be used solely in accordance with current data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
16. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. You are providing your information to the Promoter and not to any other party. The information provided will be used in conjunction with the following Privacy Policy: https://www.killerinktattoo.co.uk/privacy-policy/
17. The Promoter does not accept responsibility for network, computer or software failures of any kind, and has no responsibility for lost, delayed or misdirected entries.
SMS Opt-In Consent Terms and Conditions
The Killer Ink text message service (the “Service”) is operated by Killer Ink Ltd (“Killer Ink”, “we” or “us”). By opting in to receive SMS communications from Killer Ink Ltd, you agree to the following terms and conditions:
Consent to Receive SMS Messages By providing your phone number and opting in, you consent to receive SMS text messages from us. These messages may include updates, promotions, alerts, and other marketing or informational content.
Frequency of Messages The frequency of SMS messages will vary based on your interaction and the type of information you have opted to receive. We reserve the right to change the frequency of messages sent at any time.
Message and Data Rates Message and data rates may apply for any SMS messages sent to you from and to us, as per your mobile carrier’s rate plan. Please contact your mobile carrier for more details. You will be responsible for all fees and charges associated with text messaging imposed by your wireless provider.
Opting Out You can opt-out of receiving SMS messages at any time. To unsubscribe from SMS messages, reply with the word “STOP” to any SMS message you receive from us or clicking the unsubscribe link (where available). You may also contact our customer support team at [email protected] for assistance. We may change any short code or telephone number we use to operate the service at any time, you acknowledge that any messages, including STOP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.
Privacy Your privacy is important to us. We will not share or sell your phone number to third parties for marketing purposes without your explicit consent. For more information on how we handle your personal information, please review our Privacy Policy.
No Guarantee of SMS Delivery We are not responsible for any delays in the receipt of any SMS messages. Delivery of SMS messages is subject to effective transmission from your service provider and is outside our control.
Modification of Terms To the extent permitted by applicable law, we reserve the right to modify these Service Terms and Conditions at any time. Any changes will be effective immediately upon posting of the revised terms and conditions on our website.
Contact Information For any questions or assistance related to our SMS messaging service, please contact our customer support at [email protected]
By opting in, you acknowledge that you have read, understood, and agree to these terms and conditions.
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