1.DEFINITIONS AND TERMS
MAGIC TATOO – is a concept owned by MAGIC SMART GRUP S.R.L., a legal entity of Romanian nationality, based in Bucharest, Sector 5, Str. Serg. Nutu Ion, Nr. 27, registered with the Trade Register in Bucharest, under number J40/9408/2014, Tax code RO 33472999. MAGIC TATTOO provides permanent tattooing and piercing services, as well as the sale of products accessories to these services at the location on Bd. Dinicu Golescu nr. 7, sector 1, Bucharest.
Seller/Provider – MAGIC TATTOO
Buyer – may be any individual who is at least 18 years old or a legal entity or any legal entity that calls upon the services of Magic Tattoo and makes an appointment through the application/website or on the chat on the website – magictattoo.ink.
Client – may be any individual who is at least 18 years old or a legal entity that has or obtains access to CONTENT, through any means of communication provided by the seller. In the case of contracting MAGIC TATTOO's services by a legal entity for one or more individuals, the latter must be at least 18 years old at the time of providing our services.
User – any individual over the age of 18 or legal entity, who, by accessing the website, has given consent regarding the specific clauses of the website from the Terms and Conditions section on www.magictattoo.ink.
Site – the online store/presentation website hosted at the web address www.magictattoo.ink and its subdomains and additional addresses that redirect to www.magictattoo.ink.
Order/Appointment Request – an electronic document that acts as a means of communication between the Seller and the Buyer through which the Buyer sends the Seller, through the Site, their intention to purchase Goods and Services from the Site/from the Magic Salon mobile application.
Goods and Services – any product or service listed on the Site, including the products and services mentioned in the Order that are to be provided by the Seller to the Buyer as a result of the concluded Contract.
Contract – represents the distance contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.
Content – represents:
• all information on the Site that can be visited, viewed or otherwise accessed using electronic equipment;
• the content of any e-mail sent to Buyers by the Seller by electronic means and/or any other means of communication available;
• any information communicated by any means by an employee/collaborator of the Seller to the Buyer, according to the contact details, specified or not by them;
• information related to the Goods and/or Services and/or prices charged by the Seller over a certain period;
• information related to the Goods and/or Services and/or prices charged by a third party with whom the Seller has contracts for partnership, over a certain period;
• data regarding the Seller, or other privileged data of theirs.
Question – the form of address to other Users/Clients/Buyers in order to obtain information about the Goods or Services on that respective page.
Answer – written information that is sent to the User/Client/Buyer who asked a Question on the Site, on the page of a specific Good. The answer represents an explanation provided by a User/Client/Buyer to another User/Client/Buyer in the context of a discussion.
Document – these Terms and Conditions.
Commercial Communications – any type of message sent (such as: e-mail/SMS/telephone/mobile push/webpush/etc.) containing general and thematic information, information about similar or complementary products to those you have purchased, information about offers or promotions, information regarding Goods and Services, as well as other commercial communications such as market research and opinion polls.
Transaction – the collection or refund of an amount resulting from the sale of a Good and/or Service by magictattoo.ink to the Buyer, using the services of the card processor approved by the Seller, regardless of the delivery method.
Specifications – all specifications and/or descriptions of the Goods and Services as specified in their description.
2.CONTRACT DOCUMENTS
2.1. By registering an Order on the Site/mobile application Magic Salon, the Buyer agrees to the form of communication (telephone or e-mail) by which the Seller conducts its commercial operations.
2.2. The notification received by the Buyer after placing the Order is for information purposes and does not represent acceptance of the Order. This notification is made electronically (e-mail) or by telephone.
2.3. For justified reasons, the Seller reserves the right to modify the quantity of Goods and/or Services in the Order. If they modify the quantity of Goods and/or Services in the Order, they will notify the Buyer at the email address or phone number provided to the Seller at the time of placing the Order.
2.4. The Contract is considered concluded between the Seller and the Buyer at the moment of receiving the telephone confirmation of the scheduling registration.
2.5. The document and information provided by the Seller on the Site will form the basis of the Contract.
3. ONLINE SALES POLICY AND SERVICE PROVISION
3.1. Access for placing an Order is permitted to any User/Buyer.
For justified reasons, MAGIC TATTOO reserves the right to restrict the User/Buyer's access to placing an Order and/or some of the accepted payment methods, if it considers that based on the conduct or activity of the User/Buyer on the Site, their actions may prejudice MAGIC TATTOO in any way. In any of these cases, the User/Buyer can contact the Customer Relations Department of MAGIC TATTOO by email at marketing@saloanelemagic.ro, to be informed about the reasons that led to the implementation of the aforementioned measures.
3.2. Communication with the Seller can be done through direct interaction with them or through the addresses mentioned in the Contact section of the Site. The Seller has the freedom to manage the information received without being required to provide justifications for this.
3.3 In the case of an unusually high traffic volume coming from an internet network, MAGIC TATTOO reserves the right to request Users/Buyers to manually enter captcha-type validation codes, in order to protect the information on the Site.
3.4. MAGIC TATTOO may publish information about Goods and/or Services and/or promotions offered by it for a certain period of time and within the available stock.
3.5. All prices related to Goods and/or Services presented on the Site are expressed in lei (RON) and include VAT. For tattoo services, the prices are presented depending on the size of the tattoo, the colors used, the chosen body area, the complexity of the tattoo, the day of the week, and the category of the seller's representative (Senior/Master tattoo artist).
3.6. In the case of online payments, the Seller is not/cannot be held responsible for any other additional costs borne by the Buyer, including but not limited to currency conversion fees applied by the issuing bank of their card, in case the issuing currency differs from RON. The responsibility for this action lies solely with the Buyer.
3.7 All information used for the description of the Goods and/or Services available on the Site (static/dynamic images/multimedia presentations etc.) does not represent a contractual obligation on the part of the Seller, being used exclusively for presentation purposes.
3.8. After making the appointment, upon arrival at the location for the provision of the contracted services and prior to the service provision, the client will complete a Consent Form, provided in Annex no. 1 to this document. The Provider assumes no responsibility for discrepancies specified in the Consent Form by the person completing it. The Provider will not perform the service ordered by the client if they do not complete or partially complete the Consent Form.
3.9. The Provider may request additional information from the client regarding their age, prior to the provision of the contracted service.
3.10. The Buyer has the option to ask questions and receive answers regarding the goods and services offered by the Seller using the site chat or the email address: tattoogolescu@saloanelemagic.ro
4. ASSIGNMENT AND SUBCONTRACTING
4.1. The Seller may assign and/or subcontract a third party for Services related to fulfilling the Order, informing the Buyer, without requiring their consent. The Seller shall always be responsible to the Buyer for all contractual obligations.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
5.1. The Content, as defined in the preamble, including but not limited to logos, stylized representations, trademarks, static images, dynamic images, text and/or multimedia content presented on the Site, is the exclusive property of MAGIC TATTOO, all rights obtained in this respect being reserved directly or indirectly (by usage and/or publication licenses).
5.2. The Client/Buyer/User is prohibited from copying, distributing, publishing, transferring to third parties, modifying and/or otherwise altering, using, linking to, exposing, including any Content in any context other than as originally intended by MAGIC TATTOO, including any Content outside of the Site, removing symbols that signify MAGIC TATTOO's copyright over the Content as well as participating in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of MAGIC TATTOO.
5.3. Any Content to which the Client/Buyer/User has and/or obtains access by any means, is subject to the Document, in case the Content is not accompanied by a specific and valid usage agreement concluded between MAGIC TATTOO and them, and without any implicit or express guarantee provided by MAGIC TATTOO regarding that Content.
5.4. The Client/Buyer/User may copy, transfer and/or use Content only for personal or non-commercial purposes, only if they do not conflict with the provisions of the Document.
5.5. In case MAGIC TATTOO grants the Client/Buyer/User the right to use in the manner described in a distinct usage agreement, a certain content, to which the Client/Buyer/User has or obtains access as a result of this agreement, this right extends only to that or those contents defined in the agreement, only for the period of existence of that or those contents on the site or the period defined in the agreement, according to the defined conditions, if they exist and do not represent a contractual commitment on the part of MAGIC TATTOO for the respective Client/Buyer/User or any other third party having/obtaining access to this transferred content, by any means and who may be or is prejudiced in any way by this content, during or after the expiration of the usage agreement.
5.6. No Content transmitted to the Client, User or Buyer, by any means of communication (electronic, telephone, etc.) or acquired by them through access, visiting and/or viewing constitutes a contractual obligation on the part of MAGIC TATTOO and/or an employee/agent of MAGIC TATTOO who facilitated the transfer of Content, if this exists, regarding that content.
5.7. Any use of the Content for purposes other than those expressly permitted by this Document or by the accompanying usage agreement, if such exists, is prohibited.
6. ORDER/APPOINTMENT REQUEST
6.1. The Client/Buyer may submit Appointment Requests by phone at *3000, or through the Magic Salon mobile application, by following the steps in the appointment configurator available in the application, in the “Magic Tattoo” section. After submitting the Appointment Request, the Client is to be contacted by a Magic Tattoo representative by phone to confirm all the details of the appointment and register it. Submitting the Appointment Request through the application does not automatically result in the registration of the appointment. It will be necessary to go through all the steps on the site and, subsequently, in the application, in order to validate the appointment.
6.2. By completing and submitting the Appointment Request, the Buyer consents that all data provided by them, necessary for the purchase process, are correct, complete, and true at the time of placing the Order.
6.3. By completing and submitting the Appointment Request, the Buyer consents that the Seller may contact them by any means available/agreed by the Seller, in any situation where it is necessary to contact the Buyer.
6.4. The appointment is not recorded without prior contact of the Client, and at the moment when the client responds to the telephone contact, only then will the appointment be registered.
6.5. The Seller may cancel the Order made by the Buyer, following a prior notification addressed to the Buyer, without any subsequent obligation of either party towards the other or without either party being able to claim damages from the other, in the following cases:
6.5.1. the provider chosen for the desired services becomes unavailable due to an unforeseen/exceptions situation
6.5.2. the data provided by the Client/Buyer at the time of registering the appointment is incomplete and/or incorrect;
6.6. The Buyer has the right to withdraw from the Contract/to renounce a chosen Service at any time.
7. GOODS/SERVICES FOR WHICH THE RIGHT TO WITHDRAW IS NOT GUARANTEED
7.1. The following are exempt from the right of withdrawal from the Contract:
7.1.1. service contracts, after full performance of the services, if execution began with the express prior consent of the Buyer and after they have confirmed that they are aware that they will lose the right of withdrawal after full performance of the Contract by the Seller;
7.1.2. provision of Goods and/or services whose price depends on fluctuations in the financial market which the Seller cannot control and which may occur during the withdrawal period;
7.1.3. provision of Goods made according to specifications presented by the Buyer or clearly personalized;
7.1.4. provision of Goods that are likely to deteriorate or expire rapidly;
7.1.5. provision of sealed Goods that cannot be returned for reasons of health protection or hygiene and that have been unsealed by the Buyer;
7.1.6. provision of Goods that are, after delivery, inseparably mixed with other elements according to their nature;
7.1.7. provision of sealed audio or video recordings or sealed software programs that have been unsealed after delivery;
7.1.8. provision of newspapers, periodicals, and magazines, except for subscription contracts for the provision of such publications;
7.1.9. provision of digital content not supplied on a tangible medium, if the performance has commenced with the express prior consent of the Buyer and after they have confirmed they are aware that they will lose the right of withdrawal.
8. CONFIDENTIALITY
8.1. MAGIC TATTOO will keep confidential any information of any nature that you provide. Disclosure of the provided information may only be made under the conditions mentioned in this Document.
8.2. No public statement, promotion, press release or any other form of disclosure to third parties will be made by the Buyer/Client regarding the Order/Contract without the prior written consent of the Seller.
8.3. By transmitting information or materials via this site, you give the Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit, and distribute these materials or information. You also agree that the Seller may freely use, for its own interest, this information, ideas, concepts, know-hows or techniques that you sent us through the Site. MAGIC TATTOO will not be subject to obligations related to the confidentiality of the information sent, unless the applicable law provides otherwise.
9. COMMERCIAL COMMUNICATIONS
9.1. The Buyer/User/Client may change their option regarding the consent given to the Seller for Commercial Communications containing general and thematic information, including information regarding offers or promotions, at any time by contacting the Seller by email at marketing@saloanelemagic.ro or by phone at *3000.
9.2. The Seller will send the Buyer/User Commercial Communications regarding:
- the change of price for the Goods or Services
- recommendations for Goods or Services similar to those previously purchased
- offers and promotions available for the Goods/Services offered by Magic Tattoo
9.3. The Client/User can unsubscribe at any time from the Commercial Communications mentioned in point 9.2. above by contacting MAGIC TATTOO in this regard.
9.4. Also, to improve the offer of Goods and Services and the purchasing experience, we may use your data for conducting market research and opinion polls. The information obtained from these market research and opinion polls will not be used for advertising purposes but only for those mentioned above. Your responses to market research and opinion polls will not be associated with your identity and neither transmitted to third parties nor published. You can object to the use of data for market research and opinion polls at any time, by sending an email to marketing@saloanelemagic.ro or by phone at *3000.
10. BILLING – PAYMENT
10.1. The prices of the Goods and Services displayed on the website www.magictattoo.ink include VAT according to applicable law.
10.2. The price and payment method are specified for each Order. The Seller will issue to the Buyer an invoice/receipt for the Goods and Services delivered, the Buyer's obligation being to provide all the necessary information for issuing the invoice/receipt in accordance with applicable law.
10.3. The Seller will send the Buyer the invoice/receipt for the Order containing Goods and/or Services sold by MAGIC TATTOO following the provision of services/delivery of goods. If the Client does not receive the invoice/receipt, they can request details via email at marketing@saloanelemagic.ro.
10.4. For correct communication of the invoice/receipt related to the Order, the Buyer has the obligation to update every time the necessary data in the Account or /and to access the information and documents related to each Order.
10.5 The payment card data of the User/Buyer will not be accessible to MAGIC TATTOO and will not be stored by MAGIC TATTOO.
12. WARRANTIES
12.1. All Goods sold by MAGIC TATTOO, except for resalable Goods, benefit from warranty conditions in accordance with applicable law and the commercial policies of manufacturers. Goods are new (except for Resalable Goods), in the original packaging and come from authorized sources for each manufacturer.
12.2. In the case of Goods sold and delivered by MAGIC TATTOO, the warranty certificates are either issued directly by the manufacturer, if they have a service network, or are issued by MAGIC TATTOO.
12.3. In the case of warranty certificates issued by manufacturers, the defective Good claimed during the warranty period must be presented directly at the nearest service center mentioned in the certificate. This authorized manufacturer center will take full responsibility for resolving the warranty.
The absence of a warranty certificate for the Good must be reported within a maximum of 48 (forty-eight) hours from the receipt of the Good at marketing@saloanelemagic.ro. Any later complaint will not be taken into account.
12.7. In the case of Resalable Goods, the warranty certificate is issued by MAGIC TATTOO, and the warranty may cover a different period than the warranty period of the same new, sealed Good. The warranty period is specified in the warranty certificate for each Resalable Good. The conditions for use, handling, and transporting a Resalable Good are the same as those for sealed products and benefit from the same services unless otherwise specified on the product page.
13. TRANSFER OF TITLE TO GOODS
13.1. Ownership of the Goods will be transferred upon delivery, after payment by the Buyer at the location indicated in the Order.
14. LIABILITY
14.1. The Seller cannot be held liable for damages of any kind that the Buyer or any third party may suffer as a result of the Seller fulfilling any of its obligations according to the Order and for damages resulting from the use of Goods and Services after delivery and especially for their loss.
14.2. By creating and using the Client Account in the Magic Salon application, the User/Buyer assumes responsibility for maintaining the confidentiality of Account data (name, surname, phone number, email address) and for managing access to the Account and, to the extent permitted by applicable law, is responsible for any activity carried out through their Account.
14.3. By creating the Account and/or using the Content and/or placing Orders, the Client/User/Buyer expressly and unambiguously accepts the Terms and Conditions of the Site and the Privacy Policy in the latest updated version communicated within the Site, existing at the date of creating the Account and/or using the content and/or on the date of placing the Orders.
14.4. The Seller reserves the right to periodically update and modify the Terms and Conditions of the Site to reflect any changes in the operation of the Site or any changes in legal requirements. The document is binding on Clients/Users/Buyers from the moment it is posted on the Site. In case of any such modifications, we will display on the Site the modified version of the Document, which is why we ask you to check the content of this Document periodically.
15. ADVERTISING AND SAMPLING CAMPAIGNS
15.1. Customers benefiting from the services offered by MAGIC TATTOO will be able to receive products that are the subject of sampling campaigns carried out by the Seller. Each sampling campaign and/or advertisement conducted by the seller with third parties will have its own Regulation.
16. PROCESSING OF PERSONAL DATA AND USE OF COOKIES
16.1. The Client/User/Buyer has the obligation to read the Privacy Policy on the Site regarding the processing of personal data, which is part of this Document.
16.2. The Client/User/Buyer will be able to manage the Cookie policy. Their personal data will be used primarily for the registration and validation of orders and, respectively, appointments, but may also be used for commercial purposes and for promoting the commercial activities of the seller/provider, as well as for advertising purposes, in compliance with the provisions of the G.D.P.R. Regulation. In order to stop the use of their personal data by the seller/provider, the Client/User/Buyer can address a written request to the seller/provider at the email address: marketing@saloanelemagic.ro
17. FORCE MAJEURE
17.1. Neither party shall be responsible for the non-fulfillment of its contractual obligations if such non-fulfillment in time and/or in a proper manner, in whole or in part, is due to a force majeure event. Force majeure is the unforeseen event, beyond the control of the parties and which cannot be avoided.
17.2. If within 15 (fifteen) days from the occurrence of it, the respective event does not cease, each party shall have the right to notify the other party of the termination of the contract by operation of law without either of them being able to claim damages from the other.
18. APPLICABLE LAW OF THE TERMS AND CONDITIONS
18.1. This contract is subject to Romanian law. Any disputes arising between the Seller and Users/Buyers will be resolved amicably or, if this is not possible, disputes will be settled by the competent Romanian courts at the Seller's headquarters.
19. FINAL CLAUSES
19.1. This document may be amended at the unilateral will of the Seller, publishing any modification on the site within 48 hours of making it.
19.2. The document is supplemented by the applicable and in-force legal provisions.
OFFICIAL REGULATION OF THE "1+1 FREE" CAMPAIGN – MAGIC TATTOO
Organizer: Magic Smart Grup SRL
Campaign period: Until March 31, 2025
Locations: Official Magic Tattoo website, Magic Tattoo social media pages, and the physical location of Magic Tattoo
CHAPTER 1 – ORGANIZER OF THE CAMPAIGN
Art. 1 – Organizer
The "1+1 FREE" campaign (hereinafter referred to as the "Campaign") is organized by Magic Smart Grup SRL, with headquarters in Romania, registered with the Trade Register under number J40/9408/2014, having the tax identification code RO 33472999, hereinafter referred to as the "Organizer".
1.2. The official regulation of the Campaign (hereinafter referred to as the "Regulation") is prepared and will be made public according to the applicable legislation in Romania, being available on the official website of Magic Tattoo, at the Magic Tattoo location, and on the Organizer's social media communication channels.
1.3. For the purposes of this Regulation, the provision of "1+1 free" services is a promotional sale according to art. 32 of O.G. no. 99/2000 regarding the marketing of products and market services.
CHAPTER 2 – DURATION AND AREA OF THE CAMPAIGN
Art. 2 – Campaign period
2.1. The Campaign runs from March 1 to March 31, 2025, inclusive.
2.2. After the Campaign ends, the 1+1 free offer is no longer available, and participants can no longer benefit from its advantages.
Art. 3 – Area of implementation
3.1. The Campaign takes place in the following locations:
a) The official Magic Tattoo website – magictattoo.ink
b) Official social media pages of Magic Tattoo (Facebook, Instagram, etc.)
c) Physical location of Magic Tattoo – Blvd Dinicu Golescu nr 7, Bucharest.
CHAPTER 3 – THE MECHANISM OF THE CAMPAIGN
Art. 4 – General conditions for participation
4.1. The Campaign is intended exclusively for adults (who are at least 18 years old by the start date of the campaign), who wish to benefit from the "1+1 free" offer for tattoo services offered by Magic Tattoo.
4.2. To benefit from the offer, the client must make an appointment for a tattoo at Magic Tattoo, either online, by phone, or directly at the physical location.
4.3. Once the appointment is made and confirmed by the salon, the client benefits from a free S-sized tattoo, according to the catalog provided by the salon or with a size of no more than 10 cm in diameter.
4.4. The free tattoo can be:
a) Made by the client who made the initial appointment;
b) Given as a gift to another person, who must meet the same age and safety conditions.
4.5. The offer applies only once per client during the Campaign, even if this service is provided to another person other than the client, according to art. 4.4., lit. b.
Art. 5 – Specific conditions regarding the realization of the free tattoo
5.1. The free tattoo must be size S (as defined by Magic Tattoo in art. 4.3) and must respect the designs and styles available in the salon.
5.2. The free tattoo must be made in the same session or within the time frame established by Magic Tattoo, but not later than March 31, 2025. No appointments for the realization of the free service may be made after this date.
5.3. Design modifications that would exceed size S or the standard complexity of a free tattoo will not be accepted.
5.4. The offer is not cumulative with other promotions, discounts, or vouchers.
CHAPTER 4 – RIGHTS AND RESPONSIBILITIES
Art. 6 – Rights and obligations of the Organizer
6.1. The Organizer reserves the right to modify or interrupt the Campaign ahead of schedule in case of exceptional circumstances (e.g. legislative changes, force majeure cases, etc.), with prior notification to participants.
6.2. The Organizer cannot be held responsible for a participant's refusal to comply with the safety and hygiene rules imposed by Magic Tattoo for the execution of tattoos.
6.3. The Organizer reserves the right to refuse the provision of the service in case the client does not comply with the salon's internal norms.
Art. 7 – Rights and obligations of participants
7.1. Participants must strictly respect all rules imposed by the salon regarding the safety and hygiene of tattoos.
7.2. The person receiving the free tattoo (if different from the client who made the initial appointment) must meet the same eligibility conditions.
7.3. Clients must respect the scheduled appointment; if they do not show up for the appointment without prior notification, sent to the salon at least 24 hours before the date and time of the appointment, the offer may be canceled.
CHAPTER 5 – PROTECTION OF PERSONAL DATA
Art. 8 – Processing of personal data
8.1. By participating in the Campaign, clients express their agreement for the collection and processing of personal data (name, surname, phone number, email) exclusively for managing appointments and carrying out the Campaign.
8.2. The Organizer guarantees compliance with the General Regulation on Data Protection (G.D.P.R.) and the applicable legislation.
8.3. Personal data will not be used for other commercial purposes without the explicit consent of the participants.
8.4. The participant in the campaign may request the data operator to delete their personal data provided in the course of this campaign by sending a written request to the email address: marketing@saloanelemagic.ro.
CHAPTER 6 – FINAL PROVISIONS
Art. 9 – Acceptance of the regulation
9.1. By participating in the Campaign, clients confirm that they have read, understood and agree with the provisions of this Regulation.
9.2. The Regulation is publicly available on the Magic Tattoo website and at the salon location.
Art. 10 – Disputes and applicable law
10.1. Any disputes arising in connection with the conduct of the Campaign will be resolved amicably. If this is not possible, they will be resolved by the competent courts in Romania, in accordance with applicable legislation.
MAGIC TATTOO through legal representative,
Dragos Muller
