With so-called permanent make-up, customers have to accept that the tattoo artist has “artistic creative freedom”.
The Frankfurt Higher Regional Court (OLG) pointed this out in the case of a man who was dissatisfied with the result of his treatment in a cosmetics studio in Wiesbaden.
The man had hoped for attractive eyebrows from the skin pigmentation, which cost 279 euros, but instead got two “black bars” over his eyes, according to his own assessment.
Matthew Trautsch
Coordination report Rhein-Main.
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The judges argued that the customer had not made any specific specifications for the treatment.
Before the pigmentation, the makeup was sketched on the skin and shown to him in the mirror.
He agreed in writing to the shape and color of the eyebrows and initially accepted the end result.
Only the next day did he complain about the dark color and three days later he asked for the fee back.
According to the court, the fact that he didn't like his tattooed eyebrows is a "difference in taste", which alone does not constitute a defect.
The man had already failed in the Wiesbaden district court in an attempt to receive 3,500 euros in compensation for pain and suffering and to have the costs for corrective laser treatment reimbursed.
He claimed that a so-called micro-blading had been agreed, in which the lines of the individual brow hairs are cut and incorporated with pigments.
However, according to the judges, he failed to provide evidence of this.
After the Higher Regional Court judged the appeal to have little prospect of success, the plaintiff withdrew it.
The decision is therefore final, the court announced on Monday.