Terms of service

These Terms of Service (the “Terms”) govern your access to and use of the storefront at tattoofactory.io (the “Site”) and the purchase of products and services offered through it. The Site is operated by Trendy Texture Unipessoal Lda, a Portuguese single-shareholder private limited company (Sociedade Unipessoal por Quotas) with NIF / VAT PT519181816 and registered office at Largo Barão de São Martinho, nº 13, 4º, sala H, 4700-306 Braga, Portugal (“we”, “us”, “our”, “the Company”).

By placing an order, registering an account, or otherwise using the Site, you confirm that you have read, understood and agree to these Terms. If you do not agree, you must not use the Site.

These Terms apply alongside our Privacy Policy and Cookie Policy, which form an integral part of the contract between us. Specific terms also apply to B2B orders (§9), custom designs (§10), the AI tattoo generator (§11) and gift vouchers (§13). Where there is a conflict, the specific terms prevail over these general Terms.

1. Definitions

• Consumer — a natural person acting outside their trade, business, craft or profession, within the meaning of Article 2 of Portuguese Decree-Law 24/2014.
• Business / B2B Customer — a legal person or natural person acting in the course of their business, including for resale or merchandising.
• Order — your offer to purchase products or services from the Site.
• Contract — the legally binding agreement formed when we accept your Order in writing (§2).
• Products — the temporary tattoos, custom designs, and any related items offered for sale on the Site.
• Services — the AI tattoo generator, the design customizer, and any other digital services offered on the Site.
• Working Day — a day other than a Saturday, Sunday or public holiday in Portugal.

2. Eligibility and account

To place an Order or open an account you must be at least 18 years old and legally capable of entering into a binding contract under the law of your country of residence.

You may register an account to manage orders, save designs, and access the AI generator. You are responsible for keeping your login credentials confidential and for all activity carried out under your account. Notify us immediately at info@tattoofactory.eu if you suspect unauthorised access. We may suspend or terminate accounts that breach these Terms (§16).

3. The Site and product information

We take reasonable care to ensure the descriptions, images, dimensions and prices on the Site are accurate. However, slight variations in colour and finish may occur due to display calibration and printing tolerances, and these do not constitute non-conformity. The presence of a Product on the Site is an invitation to treat, not an offer; availability is confirmed only when we accept your Order.

We may correct obvious errors in pricing or product information before forming the Contract. If we discover such an error after the Contract is formed, we will contact you and give you the choice between confirming the Order at the corrected price or cancelling it for a full refund.

4. Formation of the contract

The ordering process is as follows:

• You add Products to your cart and proceed to checkout;
• You review the Order summary, total price (including VAT and shipping where applicable), delivery address and chosen payment method;
• You confirm the Order by clicking the “Pay now” (or equivalent) button — this is the moment you submit a binding offer to purchase;
• We acknowledge receipt of your Order by email immediately. The acknowledgement is not our acceptance.
• The Contract is formed when we send a separate Order Confirmation email containing the order number, item list and dispatch information, normally within one Working Day.

Until the Order Confirmation has been sent, we may decline the Order without giving reasons (e.g. inventory error, suspected fraud, restricted region, refusal of the AI prompt under §11).

We will keep a record of the Contract, but you should print or save a copy for your own records. We will accept the Contract in Portuguese or English at your option; legal communications about the Contract may be in either language.

5. Prices, taxes and payment

• All prices are in Euros (€) and include EU VAT at the rate applicable to consumers in the European Union.
• For B2B Customers with a valid EU VAT number, the EU reverse-charge mechanism (Article 196 of Council Directive 2006/112/EC) applies and invoices are issued without VAT, with the words “Reverse charge — Article 196”.
• Shipping costs, where applicable, are added before checkout completion and are itemised in the Order summary.
• Customs duties or import taxes for delivery outside the EU are not included and are payable by you at import.
• Accepted payment methods are listed at checkout (typically Visa, Mastercard, American Express, Apple Pay, Google Pay, PayPal, SEPA Direct Debit, Klarna). Card payments are processed by Stripe Payments Europe Ltd.; PayPal payments by PayPal (Europe) S.à r.l.
• Payment is taken at the moment of Order placement. If payment fails, the Order is automatically cancelled and you will not be charged.
• Where Klarna or another buy-now-pay-later option is offered, that provider’s own terms and credit assessment apply.

Invoices are issued via our certified Portuguese billing software and made available to you by email and in your account. You agree to receive invoices in electronic form. If you require a paper invoice, write to info@tattoofactory.eu.

6. Shipping, delivery and risk

• We dispatch Orders within the lead time stated in the Shipping & Returns page; that page is incorporated into these Terms by reference.
• Delivery times are estimates and not contractual deadlines unless we have explicitly confirmed a guaranteed date in writing.
• Under Article 9-A of Portuguese Decree-Law 24/2014 (and Article 18 of Directive 2011/83/EU), if we have not delivered the goods within 30 days of the Contract, you may set us an additional reasonable period; if we still fail to deliver, you may terminate the Contract and obtain a full refund.
• Risk in the goods passes to you on physical delivery to you (or a third party named by you, other than the carrier). For B2B Customers, risk passes on dispatch from our warehouse, unless otherwise agreed in writing.
• Title (ownership) in the goods passes to you only after we have received full payment.

7. Right of withdrawal — Consumers only

If you are a Consumer, you have the right under Articles 10 to 17 of Portuguese Decree-Law 24/2014 (transposing Directive 2011/83/EU) to withdraw from the Contract within 14 calendar days from the day on which you (or a third party named by you, other than the carrier) acquire physical possession of the goods. For Orders containing multiple goods delivered separately, the period runs from receipt of the last good.

To exercise the right of withdrawal you must inform us by an unequivocal statement, before the 14-day period expires. You may use the model withdrawal form at the end of these Terms (Annex I) but it is not mandatory. Acceptable channels:

• By email to info@tattoofactory.eu
• By post to the address in §1
• By the contact form on the Site

We will acknowledge receipt of your withdrawal notice by email without delay.

Effects of withdrawal.

• You must return the goods to us, undamaged and in their original sleeve where applicable, within 14 days of communicating your withdrawal. You bear the direct cost of returning the goods.
• We will reimburse the full price of the returned goods plus the standard outbound delivery cost, using the same means of payment you used for the Order, within 14 days of receiving the returned goods (or evidence that you have sent them, whichever is earlier). We may withhold the reimbursement until we have received the goods or such evidence.
• You are liable only for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.

Exceptions to the right of withdrawal. Pursuant to Article 17(1) of Decree-Law 24/2014, the right of withdrawal does not apply to:

• Goods made to your specifications or clearly personalised — including custom designs and any artwork you have uploaded for printing;
• Sealed goods that are not suitable for return for hygiene reasons and have been unsealed after delivery;
• Digital content not supplied on a tangible medium where performance has begun with your prior express consent and acknowledgment that you thereby lose your right of withdrawal — this applies to AI-generated digital previews you have unlocked or downloaded.

8. Legal warranty of conformity (Consumers)

Consumer Products sold on the Site are covered by the legal guarantee of conformity provided by Portuguese Decree-Law 84/2021 of 18 October (transposing Directives (EU) 2019/770 and (EU) 2019/771) for a period of three years from delivery, with the rebuttable presumption of non-conformity covering the first two years.

If the Product does not conform to the Contract, you have the right, in accordance with Article 15 of Decree-Law 84/2021, to:

• have the Product brought into conformity, by repair or replacement, free of charge, within a reasonable time and without significant inconvenience to you;
• obtain a proportionate price reduction; or
• terminate the Contract and obtain a full refund, if repair or replacement is impossible, would impose disproportionate costs, has not been completed within a reasonable time, the same defect reappears, or the lack of conformity is so serious as to justify immediate termination.

To submit a claim under this legal warranty, contact info@tattoofactory.eu with your order number and a description of the defect (photos help). Costs of return shipping for a non-conforming Product are borne by us.

These rights are without prejudice to any other rights you may have under applicable consumer-protection law.

9. B2B Customers — specific terms

These additional terms apply to Orders placed by Business Customers (e.g. through our B2B quote flow):

• The right of withdrawal in §7 does not apply to Business Customers.
• The legal guarantee of conformity in §8 does not apply; instead, defective goods are governed by the warranty terms set out in the relevant Quote, or in their absence by the Portuguese Commercial Code.
• Quotes are valid for 30 days unless stated otherwise. Acceptance of a Quote constitutes a binding Order.
• Payment terms are typically 50% on order, 50% on dispatch; alternative terms may be agreed in writing.
• Late payments accrue interest at the statutory rate for commercial transactions under Decree-Law 62/2013 (which transposes Directive 2011/7/EU on combating late payment), without prior notice being required.
• Title passes only after full payment; we reserve the right to repossess unpaid goods.
• To the maximum extent permitted by law, our liability to a Business Customer is limited to the price paid under the relevant Order. We exclude any liability for indirect or consequential loss, loss of profits, loss of business, or loss of goodwill.
• Neither party will be in breach for events of force majeure (§17).

10. Custom designs and uploaded artwork

Through the design customizer you may upload your own artwork or compose a design from elements we provide. By uploading or submitting any artwork, you represent and warrant that:

• You are the rights-holder of the artwork or have a valid licence permitting its reproduction in the form ordered;
• The artwork does not infringe any third-party intellectual-property right, right of publicity or right to a name;
• The artwork is not unlawful, defamatory, obscene, hateful, or otherwise objectionable;
• You have all necessary consents from any individuals depicted.

You grant us a limited, non-exclusive, royalty-free, worldwide licence to reproduce, modify (technically), store, and ship the artwork solely for the purpose of fulfilling your Order and providing customer support, plus the retention period set out in the Privacy Policy.

We may, at our sole discretion, decline to print artwork that we believe is unlawful, infringing, or contrary to our content guidelines (e.g. hate symbols, depictions of minors in a sexual context, weapons of mass destruction). If we decline, we will refund the Order in full.

You agree to indemnify and hold us harmless from any claim, liability, loss or cost (including reasonable legal fees) arising out of any breach of the warranties in this §10.

11. AI tattoo generator

Our AI tattoo generator produces preview images from text prompts. Specific terms apply:

• Prompts that depict minors in a sexual context, real public figures without consent, hate symbols, or content that violates our content guidelines are prohibited and may be refused or removed.
• You retain the rights you may have in the prompt itself. To the extent any rights vest in the AI-generated image, we grant you a non-exclusive, worldwide, royalty-free licence to use the image for personal purposes; commercial use of AI previews is not granted unless an order is placed.
• AI-generated images may resemble existing works; we make no representation that they are free from third-party rights, and you are responsible for not using a generated image that you know infringes the rights of others.
• The generator is a Service and may be subject to fair-use limits, queueing or temporary unavailability. We may discontinue the Service at any time.
• If the generator is used as part of an Order placement, the resulting image becomes user-uploaded artwork under §10.

12. Acceptable use of the Site

You agree not to:

• Use the Site for any unlawful purpose or in any way that could damage, disable, overburden or impair it;
• Attempt to gain unauthorised access to any part of the Site, our servers, or related infrastructure (including by reverse engineering, scraping at scale, or bypassing rate limits);
• Introduce viruses, trojans, worms, logic bombs or other harmful material;
• Use the Site to send unsolicited commercial communications;
• Reproduce, redistribute, sell, sublicense, or commercially exploit any content from the Site (including product photography and artwork) without prior written permission;
• Submit false or misleading information, including false identity or VAT details.

We reserve the right to investigate and prosecute violations, including by working with law-enforcement authorities.

13. Promotions, vouchers and gift cards

• Discount codes are subject to the specific terms communicated at the time of issue (validity period, minimum spend, single-use, customer eligibility).
• Codes are non-transferable, cannot be redeemed for cash, and may not be combined with other offers unless expressly stated.
• Gift cards (when offered) are valid for the period stated at issue; unused balances are not refundable in cash where you are a Business Customer; for Consumers, statutory unclaimed-balance rules apply.
• We may cancel codes used in breach of these Terms or in a manner inconsistent with their stated terms.

14. Intellectual property

All content on the Site — including artwork, photography, copy, videos, code, trademarks, logos, layout and the Tattoo Factory name — is owned by Trendy Texture Unipessoal Lda or our licensing artists, and is protected by Portuguese, EU and international intellectual-property law. Browsing, downloading and printing for your personal, non-commercial preview is permitted; any other use requires a written licence — contact info@tattoofactory.eu.

If you believe content on the Site infringes your rights, please send a notice to info@tattoofactory.eu identifying the work, the allegedly infringing material, your contact details and a good-faith statement.

15. Liability

Our Products are produced with cosmetic-grade ingredients and, where required, are notified through the EU Cosmetic Products Notification Portal (CPNP) under Regulation (EC) No 1223/2009. Reactions are extremely rare. If you experience irritation, remove the design immediately, wash the area with mild soap and water, and consult a physician if symptoms persist.

Subject to the carve-out below, our total liability arising out of or in connection with the Contract — whether in contract, tort (including negligence), breach of statutory duty or otherwise — is limited to the price paid by you for the Order giving rise to the claim. We are not liable for indirect, consequential or punitive damages, loss of data, loss of profit, or loss of business opportunity.

Carve-out. Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) non-conformity of Products under Decree-Law 84/2021 and other consumer-protection rights that cannot be excluded under Portuguese or EU mandatory law.

16. Suspension and termination

We may suspend or terminate your access to the Site or close your account, with notice where reasonably practical, if we have a legitimate reason to do so, including:

• Material or repeated breach of these Terms;
• Fraud, chargeback abuse, or attempted abuse of the AI generator or promotions;
• Use of the Site that violates law or third-party rights;
• Discontinuation of the Site (we will give 30 days’ notice where feasible).

Termination does not affect Orders already accepted or your statutory rights, nor any provision intended to survive termination (intellectual property, liability, governing law).

17. Force majeure

We are not liable for delays or failures to perform caused by events outside our reasonable control, including without limitation acts of God, war, terrorism, pandemic, government action, strikes, postal disruptions, customs delays, supplier failures, network outages, or natural disasters. We will notify you of the event and its expected duration; if it lasts more than 60 days, either party may terminate the affected Order and we will refund any sums paid for undelivered Products.

18. Communications

You agree to receive communications from us by email at the address you provide. Legal notices to us must be sent to Trendy Texture Unipessoal Lda at the registered office in §1, or to info@tattoofactory.eu.

19. Privacy

Our processing of personal data is governed by our Privacy Policy, which forms an integral part of these Terms.

20. Assignment

We may assign or transfer our rights and obligations under the Contract to an affiliate or to a successor in connection with a merger, acquisition or sale of assets, provided that the assignee agrees to comply with the Contract. You may not assign your rights or obligations without our prior written consent (except that Consumer rights against us remain enforceable as a matter of law).

21. Severability and waiver

If any provision of these Terms is held to be invalid or unenforceable, the rest of the Terms remain in full force, and the invalid provision will be replaced by a valid provision that most closely reflects the original commercial intent. Failure or delay by either party to enforce any provision is not a waiver of that provision.

22. Entire agreement

These Terms (together with the Privacy Policy, the Cookie Policy, and any Quote or specific terms agreed in writing) constitute the entire agreement between you and us in relation to your use of the Site, and supersede any prior understanding, oral or written.

23. Changes to these Terms

We may update these Terms from time to time. The latest version is always available on this page, marked with the “Last updated” date above. Material changes will be communicated by email to registered customers at least 14 days before they take effect; continued use of the Site after the effective date constitutes acceptance. Changes do not apply retroactively to Orders already placed.

24. Governing law and jurisdiction

These Terms and any non-contractual obligation arising out of or in connection with them are governed by Portuguese law, without prejudice to mandatory consumer-protection rules of the country in which a Consumer is habitually resident.

For disputes with Consumers, the competent courts are those of the Consumer’s country of residence (Article 18 of Regulation (EU) 1215/2012). For disputes with Business Customers, the exclusive jurisdiction is the courts of the judicial district of Braga, Portugal, with express waiver of any other.

25. Alternative dispute resolution and ODR

If you have a complaint, please contact us first at info@tattoofactory.eu — we resolve almost all complaints by email.

If the complaint is not resolved, in compliance with Article 18 of Portuguese Law 144/2015 you may submit the dispute to one of the registered Portuguese alternative dispute resolution (ADR) entities:

• CNIACC — Centro Nacional de Informação e Arbitragem de Conflitos de Consumo — www.cniacc.pt — competent for nationwide consumer disputes.
• CICAP — Centro de Informação de Consumo e Arbitragem do Porto — www.cicap.pt — competent in the Porto district (relevant to the Braga area).
• The full list of registered ADR entities is published by the Portuguese Directorate-General for Consumer Affairs at www.consumidor.gov.pt.

Consumers resident in the EU may also use the European Commission’s Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr. Our contact email for ODR is info@tattoofactory.eu.

Submission to ADR is voluntary on our part unless mandated by a consumer-protection authority.

26. Contact

Questions about these Terms? Email info@tattoofactory.eu or write to Trendy Texture Unipessoal Lda at the registered office in §1.

Annex I — Model withdrawal form

(Complete and return this form only if you wish to withdraw from the Contract. This text reproduces the model in Annex B of Decree-Law 24/2014.)

— To: Trendy Texture Unipessoal Lda, Largo Barão de São Martinho, nº 13, 4º, sala H, 4700-306 Braga, Portugal — info@tattoofactory.eu

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*),

— Ordered on (*) / received on (*),

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) (only if this form is notified on paper),

— Date.

(*) Delete as appropriate.