Terms

Part I. Terms of the tattoo service

§ 1. General provisions

1. These terms and conditions (hereinafter: the Terms) set out the conditions for providing the tattooing service, the conditions for concluding the contract and the complaints procedure.

2. The service is provided at the Sagma Tattoo Gallery studio, operated by ZakharovTattoo Oleksii Zakharov, Aleja Wincentego Witosa 31/7, 00-710 Warszawa, NIP 5273091010, REGON 527303209.

§ 2. Definitions

1. Terms — this document.

2. Studio — Sagma Tattoo Gallery, operated by ZakharovTattoo Oleksii Zakharov, Aleja Wincentego Witosa 31/7, 00-710 Warszawa, NIP 5273091010, REGON 527303209.

3. Tattooing — all activities related to preparing and carrying out a procedure on the Client's skin, consisting in placing a permanent mark or design on it by introducing pigment under the skin.

4. Service — the Tattooing service.

5. Client — an adult natural person who has expressed the wish to be tattooed and has concluded the Contract.

6. Contract — a civil-law contract whose subject is Tattooing by the Studio for remuneration.

7. Parties — the parties to the Contract, i.e. the Client and the Studio.

8. Session — the agreed date of Tattooing together with the number of hours needed to perform it. Large tattoos may have to be done over several Sessions.

§ 3. Contract

1. Tattooing takes place after the Contract has been concluded. The Terms form an integral part of the Contract.

2. The Contract is concluded after the Client has first placed an order for Tattooing. The Client presents the main assumptions regarding the size, colours, subject and placement of the tattoo, on the basis of which the Studio prepares a design.

3. The Contract may be concluded in any form. The Client's signing of the declaration of consent to tattooing or payment of the deposit is equivalent to concluding the Contract.

§ 4. Remuneration

1. Tattooing takes place after an individual quotation of the Client's order. The price depends on the size of the tattoo, its complexity, its placement on the body, the pigments needed and, for large tattoos, also on the number of full-day Sessions needed to complete it.

2. After receiving the quotation, the Client pays a deposit, the amount of which the Studio sets individually depending on the quotation. The Studio specifies the deadline and method of paying the deposit; failure to pay by that deadline means the Contract is not concluded.

3. The remuneration is paid on the day of the Session. The deposit paid is credited towards the remuneration.

4. If the Client does not attend the Session, withdraws from the Service, or the Service does not take place for reasons attributable to the Client, the deposit is forfeited and retained by the Studio.

§ 5. Performing the tattoo

1. Tattooing takes place on the date agreed by the Parties. The Client has the right to change the Session date once, but no later than 7 days before it. Any further change of date is possible only after paying additional remuneration equal to the deposit previously paid.

2. A significant change by the Client to the tattoo concept, requiring a completely new design, a change of tattoo artist or a new Session date, is in essence an order for a new tattoo and a withdrawal from the previous one. In such a case the Studio may refuse the new order and retain the deposit from the order the Client withdrew from. If the Studio undertakes the new order, the deposit already paid is credited towards the remuneration.

3. The tattoo design is presented to the Client on the day of the Session.

4. Corrections to the tattoo are made by the tattoo artist on site, during the Session. Touch-ups needed to refine the tattoo after it has healed are performed free of charge as part of the Service within two months of Tattooing, and only by the person who performed the tattoo. After that period touch-ups are paid.

5. Touching the instruments used for tattooing and auxiliary materials is strictly prohibited in the Studio.

6. The Studio provides all information on the healing and aftercare of the tattoo.

7. Before Tattooing, the Client reads and signs the declaration of consent to tattooing. In case of any doubts, the Client has the right to clarify them with the tattoo artist and receive answers to their questions.

8. If any answer "yes" is marked in the health questionnaire, the Studio has the right to refuse to provide the Service. In such a case the Client has no claims on account of the tattoo not being performed.

9. The Studio may refuse Tattooing to a Client who comes to the Session under the influence of alcohol or intoxicating substances.

10. The procedure takes place in sterile conditions using sterile tools — single-use needles and hygiene products — prepared immediately before the procedure.

§ 6. Withdrawal from the Contract

The tattoo is made according to the Client's individual idea and order, based on a unique design prepared by the Studio. For this reason, a Client who is a consumer within the meaning of Art. 22¹ of the Polish Civil Code does not have the right to withdraw from the Contract within 14 days without giving a reason, as referred to in the Polish Act of 30 May 2014 on consumer rights.

§ 7. Complaints procedure

1. Every Client has the right to file a complaint concerning the Contract and the Service. A complaint may be filed in writing — by registered letter to the Studio's registered address, by e-mail to sagma.tattoo.gallery@gmail.com, or in another form chosen by the Client.

2. A complaint may be filed only in one's own name, unless the person filing it acts under a power of attorney.

3. A complaint should include: the Client's first name and surname, correspondence address, an exact description of the event or the subject of the objection, the expected resolution and a signature.

4. If the Client does not provide all the information necessary to consider the complaint, the Studio informs them what information needs to be supplemented; until it is supplemented, the complaint cannot be considered.

5. The Studio responds to the complaint without undue delay, no later than 30 calendar days from the day it is received, and in warranty matters referred to in Art. 561⁵ of the Polish Civil Code — within 14 days.

§ 8. Out-of-court complaint handling and pursuit of claims

1. Detailed information on the possibility for a Client who is a consumer to use out-of-court methods of handling complaints and pursuing claims, and on the rules of access to these procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations dealing with consumer protection, the Voivodeship Inspectorates of Trade Inspection, and on the website of the Office of Competition and Consumer Protection: uokik.gov.pl.

2. A Client who is a consumer may use the EU online dispute resolution platform (ODR): ec.europa.eu/consumers/odr.

3. The Studio declares that it does not consent to participate in out-of-court consumer dispute resolution proceedings.

§ 9. Final provisions

1. The Studio reserves the right to amend the Terms. Contracts concluded before the changes are performed on the basis of the provisions in force on the day the Contract was concluded.

2. The Terms are in force from 2 February 2024.

Part II. Terms of the Website and the Client Account

§ 1. General provisions

1. This part of the Terms sets out the rules for using the website sagmatattoogallery.com (the Website) and the services provided through it electronically, including the Client Account. These are the terms referred to in Article 8 of the Polish Act of 18 July 2002 on the provision of electronic services.

2. The service provider is Oleksii Zakharov, running a business under the name ZakharovTattoo Oleksii Zakharov, Aleja Wincentego Witosa 31/7, 00-710 Warszawa, Poland, NIP 5273091010, REGON 527303209, email: sagma.tattoo.gallery@gmail.com (the Studio).

3. The rules for performing tattoos, deposits and complaints about the tattoo service are set out in Part I of the Terms.

4. The electronic services described in this part are free of charge. You bear the cost of internet access according to your operator’s tariff.

§ 2. Definitions

• User — any person using the Website.
• Client — a User who has created a Client Account.
• Client Account (Account) — a password-protected part of the Website where the Client manages their data, designs and requests.
• Design — a try-on result saved in the Account or a file uploaded by the Client (e.g. their own sketch).
• Request — a message sent to the Studio via a form on the Website or from the Account: an enquiry, a request for a date, a design, pre-visit forms, healing photos, a gift card order.

§ 3. Services

Through the Website, the Studio provides the following services:

• access to the content of the Website;
• request forms — an enquiry and a request for a visit date;
• tattoo try-on — a tool that places a design on a photo, available without an Account, and in the Account with the result saved to Designs;
• the Client Account — data and settings, Designs (up to 20), favourite works, sending Designs and Requests to the Studio, pre-visit forms, healing photos, gift cards and the “Refer a friend” programme;
• online chat — a conversation with the Studio’s manager on the Website; when the manager is unavailable, the AI assistant replies;
• the newsletter — for those who have subscribed to it.

§ 4. Technical requirements and risks

1. To use the Website, you need a device with internet access and an up-to-date browser (e.g. Chrome, Safari, Firefox, Edge) with JavaScript and cookies enabled. An active email address is required for the Account.

2. Using the internet involves typical risks, such as malware or attempts to phish passwords. The Studio never asks for your password by email or phone. Protect your password and use an up-to-date browser.

§ 5. Client Account

1. You create an Account through the registration form (email address and password) or by signing in with Google, where available. By creating an Account, you accept these Terms — the agreement to maintain the Account is concluded for an indefinite period.

2. Provide true data. One person may have one Account.

3. Your password is confidential. If you suspect that someone has learned it, change it in the Account settings and use the option to sign out on all devices.

4. You can delete the Account at any time in its settings — this terminates the agreement. Designs, favourite works and uploaded files are then deleted. Data that the Studio must keep by law (e.g. health questionnaires, signed consents, accounting documents) is kept for the period stated in the Privacy Policy.

5. The Studio may block or delete an Account if the Client breaches the Terms, after first calling on them to stop the breach within 14 days. Without such a notice — if the Account is used to send unlawful content.

§ 6. Content uploaded by the User

1. Upload only files to which you hold the rights. Photos of other people — only with their consent.

2. Uploading unlawful content is prohibited, in particular content that infringes the rights of others, is offensive or contains malware.

3. By uploading a file, you grant the Studio a free, non-exclusive licence to use it solely to handle the Request and perform the service, for the time needed for that purpose. The Studio does not publish files you upload without your separate consent.

4. You can report unlawful content to sagma.tattoo.gallery@gmail.com, stating where it is located and the reason for the report. The Studio removes it without delay after obtaining reliable information about its unlawful nature and informs the reporting person and the author of the content of its decision.

§ 7. Tattoo try-on

The try-on result is an illustrative visualisation. It does not exactly reproduce the size, colours or appearance of the tattoo on the skin — you agree the details of the design with the artist.

§ 8. Requests and Designs

1. Sending a Request or Design does not constitute concluding a contract to perform a tattoo. The date and price are agreed with the sender by the Studio’s manager.

2. You can edit and delete Designs in the Account. The Account can hold up to 20 Designs at a time.

§ 9. “Refer a friend” programme

1. The Client receives a personal referral link in the Account.

2. A person who creates an Account through this link and is a new client of the Studio receives a 15% discount on their first tattoo.

3. The referrer receives a 15% discount on their next tattoo after the referred person’s first session. The session is confirmed by the Studio’s manager.

4. The discount is valid for 12 months from when it is granted. The number of referred persons is unlimited.

§ 10. Online chat

1. The online chat lets you ask the Studio a question directly on the Website, without creating an Account. Questions are answered by the Studio’s manager.

2. When the manager is unavailable, the AI assistant replies. Its replies are labelled in the chat. The assistant provides information only on the basis of the content of the Website, does not make binding offers and does not set dates; binding arrangements are made by the manager.

3. Do not send health data or data of other people in the chat. The pre-visit questionnaire is intended for health matters.

4. The conversation is kept for 12 months after the last message and then deleted automatically. Details are set out in the Privacy Policy.

§ 11. Newsletter

1. You subscribe to the newsletter voluntarily — by a separate consent. You confirm the subscription by clicking the link in the email.

2. You can unsubscribe at any time — via the link in every email or in the Account settings.

§ 12. Complaints

1. Send complaints about the operation of the Website and the Account to sagma.tattoo.gallery@gmail.com. Describe the problem and give the Account email address, if applicable.

2. The Studio responds to a complaint within 14 days of receiving it.

§ 13. Out-of-court dispute resolution

A consumer may use the assistance of a municipal or district consumer ombudsman, mediation conducted by the provincial inspectorate of the Trade Inspection, or a permanent consumer arbitration court. Information: uokik.gov.pl.

§ 14. Personal data

The rules for processing personal data are set out in the Privacy Policy.

§ 15. Changes to the Terms

1. The Studio may change the Terms for important reasons, in particular when the law or the scope of services changes.

2. Clients with an Account are informed of changes by email or after signing in at least 14 days before they take effect. If you do not accept the changes, you may delete the Account during that time.

§ 16. Final provisions

1. The Terms are governed by Polish law. They do not exclude or limit consumer rights under mandatory provisions of law.

2. The Terms are available on the Website in Polish, Russian, Ukrainian, English and German. In case of discrepancies, the Polish version prevails.

3. This part of the Terms applies from 16 October 2026.