General Terms and Conditions of Sale
THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD NOT PURCHASE THE PRODUCTS.
You must be 18 years old in order to make a purchase on the Site. If you are under 18 years old, then you may not make a purchase on the Site. If you are under 13 years old, you may browse the Site. However, you may not provide personal information to nailmatic, make a purchase on the Site, nor register on the Site. This Site is not directed to children under 13 years old. We reserve the right to change these Terms & Conditions at any time, so please review the Terms & Conditions each time prior to making a purchase from the Site. Every time you order Products from Site, the Terms & Conditions in force at that time will apply between you and nailmatic. If you have any questions regarding these Terms & Conditions, please contact customer service: email@example.com.
The products available for sale are those which appear on the Site on the day that you complete your order. Each Product listing includes the price, a photograph, the size, the composition, and the specific characteristics of the Product.
The photographs and/or videos of the Products shown on the Site may not resemble the Products precisely, for example, due to slight variances in color or shape. We shall not be liable for any nonmaterial variance in a Product when compared to the photographs and/or videos of the Product displayed on the Site.
All Products offered on the Site are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain Products without prior notice.
The selection and purchase of the Product shall be your responsibility. The descriptions, illustrations, references, content, and price of Products are subject to change without notice.
In the event that a Product is listed at the incorrect price due to a typographical error or error in pricing information from our suppliers, nailmatic shall have the right to refuse or cancel any orders placed for the Product listed at the incorrect price.
With regard to any such orders, nailmatic shall have the right to refuse or cancel them whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, nailmatic shall issue refund your purchase in the amount of the incorrect price. Depending on the country of delivery, nailmatic shall have the right to charge a different price and to modify without notice the price of its products, however, such modifications shall only impact future orders.
2.1 By providing a credit card or other payment method accepted by nailmatic, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your order, you may contact customer service: firstname.lastname@example.org
The order shall be considered final after nailmatic sends the Customer an e-mail confirming order and payment. A second e-mail shall be sent to the Customer allowing access to delivery tracking information.
2.2 All prices and fees are in US Dollars.
3. Sales Tax
Depending on where we ship your order, nailmatic may be required to charge sales tax. Sales tax will be calculated and charged to your order by nailmatic in accordance with the applicable law.
4. Shipping and Delivery
4.1 Delivery Costs. Prices for the Products do not include shipping and delivery costs, which will be borne by Customer. All goods are transported at Customer’s risk. In the case of damage to a Product during shipping, Customer assumes responsibility for filing a claim with the carrier and shall do so in writing by registered mail, along with notice of receipt from the goods-carrier, within seventy-two hours (3 days) of receiving the products. We shall not be liable for non-execution, poor execution, or late delivery if caused by the Customer (i.e., incomplete or incorrect address). If delivery cannot be made due to Customer error, return costs shall be borne by the Customer.
4.2 Shipment Methods and Delivery Times. For any Products sold through the Site, nailmatic reserves the right to use the shipping agent of its choice. The Customer shall be responsible for all shipping-related costs and fees, which shall be stated on the order summary before confirmation. These fees shall vary depending on the country of delivery and the delivery method chosen by the Customer. Shipping is available to the the United States only. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Delivery dates are indicated as accurately as possible, but are subject to variations due to availability and transportation methods. Items may be delivered in separate packages and/or arrive on separate dates. Late deliveries do not render nailmatic accountable for the payment of damages, nor permit the cancellation in whole or in part of pending orders. Refused deliveries will be returned to our warehouse. It may take up to forty-five (45) days for the refused items to be identified as refused and processed.
4.3 Shipment Tracking. To monitor the processing and shipment of the order, the Customer shall log into the Customer’s account on the Site.
4.4 Availability. If the Product is unavailable for any reason after order, nailmatic shall promptly inform the Customer by e-mail that the expected delivery shall be delayed or cancelled. If the Customer’s payment has already been processed and the order cannot be honored, nailmatic shall refund the Customer of an amount corresponding to the undelivered Product, at the latest within thirty (30) days after the date following payment. Customer’s recovery in this case shall be limited to the amount described above and Customer shall not be entitled to claim any further or additional damages.
5. Receipt of Goods
5.1 All complaints concerning Products that contain defects, errors,nonconformities, or other damage visible upon reasonable examination (“Nonconforming Products”) must be sent in writing to nailmatic within three (3) days of the product’s arrival. Customer’s failure to give timely written notice shall constitute an irrevocable acceptance of products and an admission that they fully comply with all the Terms & Conditions.
5.2 In addition to providing the written notice of alleged defects, errors, nonconformities, or damage, it is the responsibility of the Customer to provide evidence, such as photographs, of the perceived defect, errors, or nonconformities within five (5) days of receipt, accompanied by the invoice number under which the Products were shipped. Upon receipt of the written notice of claim, nailmatic shall have the right to inspect the products and other evidence. The receipt by nailmatic of a written notice of claim within the time above specified shall be a condition precedent to the Customer’s right to reject, cancel, replace, or claim damages, or to bring any suit or proceeding.
6. Return Policy
6.1 Proof of Purchase. Before initiating the return of any Products, Customer must contact nailmatic by email at email@example.com. Customer must also provide proof of purchase before nailmatic will issue an appropriate exchange, store credit, or refund, as well as any taxes due to be refunded in accordance with applicable state law. Refunds will be issued in the original form of tender. All returns shall be subject to the procedures set forth in this Section 6. For all returns described in this Section 6, the Customer will have a period of fifteen (15) business days from the delivery date of his/her order to return the Product(s) ordered, unless the product is marked “Final Sale”. Items identified as Final Salle cannot be returned or exchanged. Items postmarked more than fifteen (15) days after receipt will not be accepted by nailmatic.
6.2 Return of Nonconforming Products. For Customers who provide sufficient evidence of defect, error, or nonconformity, including but not limited to a photograph of the Nonconforming Product, nailmatic will offer to ship, at its sole expense, a new Product to the Customer. In certain cases, nailmatic may ask the Customer to return the Nonconforming Product to nailmatic using a pre-addressed, postage-prepaid envelope, which will be included in the replacement Product’s packaging.
6.3 Return of Products Damaged by Shipping Agent. If the Product has been damaged en route to the Customer, nailmatic will offer to ship, at its sole expense, a replacement Product to the Customer. In such cases, nailmatic may request evidence of the damaged Product. The Customer may, in addition, file a claim with the United States Post Office in accordance with its procedures set forth on its website.
6.4 Return of All Other Products. For all Product returns not subject to Section 6.2 or 6.3 above, the following rules shall apply: Shipping charges are nonrefundable, and Customer is responsible for any return shipping charges. The Products must be returned in their original packaging, in an unused, unaltered, and undamaged condition. Returns pursuant to this section 6.4 shall be subject to store credit only.
7. Warranties and Disclaimers
As a consumer, you have certain legal rights. The disclaimers, exclusions, and limitations of liability under these Terms & Conditions will not apply to the extent prohibited by applicable law.
As permitted by applicable law, the Products, the Site, and all content available on the Site, is provided “as-is” without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
You use any Products at your own discretion and risk. You will be solely responsible for, and nailmatic disclaims, any and all loss, liability or damages resulting from your use of a Product, or the use of a Product by a third party, including damage or loss to your home and all other occupants or items.
8. Limitation of Liability
Nothing in these Terms & Conditions and in particular within this "Limitation of Liability" section shall attempt to exclude or limit liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) NAILMATIC BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF NAILMATIC KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) NAILMATIC’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO NAILMATIC OR NAILMATIC’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR SIX (6) MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. NAILMATIC DISCLAIMS ALL LIABILITY OF ANY KIND OF NAILMATIC’S LICENSORS AND SUPPLIERS.
We shall not be liable for any damages caused by any disruption in internet service, external or internal, or computer viruses.
Notifications to you as required by law or for promotional or other purposes may be provided by nailmatic through email to the primary email address other contact information provided in connection with your order. We are not responsible for any automatic filtering you or your network provider may apply to email notifications. You should add nailmatic.com to your email address book to help ensure you receive email notifications from nailmatic.
10. Force Majeure
We shall not be liable for any failure to perform, or delay in performance of, any of our obligations under these Terms & Conditions that is caused by an act or event beyond our reasonable control, including without limitation acts of God, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster; strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, embargo; or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11. Intellectual Property
Rights. All intellectual property rights in and to each Product made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks, and other intellectual property rights will be solely and exclusively owned by nailmatic. You do not and will not have or acquire any ownership of these intellectual property rights through the purchase of any Product. Any use, reproduction, or exploitation of nailmatic’s Intellectual Property, wholly or partly, by any mean or with any support, without nailmatic’s prior written consent, is expressly forbidden and shall constitute an act of infringement, with both criminal and civil penalties.
If any part of these Terms & Conditions is illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity, or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.
Failure or delay by us to enforce any these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
14. Governing Law and Jurisdiction
These Terms & Conditions are governed by the laws of the State of New York, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree that any claim to interpret or enforce the provisions of these Terms & Conditions shall be brought exclusively within a court of competent jurisdiction, state or federal, in the State of New York.
15. Entire Agreement
16. Conflicting Provisions
To the extent the provisions contained in these Terms & Conditions are inconsistent with those contained in any other document, instrument or agreement executed pursuant hereto, the provisions contained herein shall control. Otherwise, such provisions shall be considered cumulative.