Terms & Conditions
Terms & Conditions
These terms and conditions include general terms and conditions for use of this site, terms and conditions relating to the services and terms and conditions relating to the sale and purchase of products on the site. Please read these terms and conditions carefully. Your use of the site and services and the purchase of any products on this site will be subject to these terms and conditions.
Important liability statement
The information available on or through this Site and the Services supplied via or in connection with this Site is intended as information only and does not constitute advice or medical advice. Products are for cosmetic purposes only and have not been approved by any medical or pharmaceutical licensing body. It is your responsibility to determine that the Products are suitable for you and it is not our responsibility to do so.
Where the Site or any Submission made by any user includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by us and we do not accept any liability on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
We try to make sure that all information contained on the Site is correct, but the information is of a general nature and not intended to comprise of all the information relating to the subject matters referred to by the Site and therefore, subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this Site.
Subject to statutory limits and exclusions for death or personal injury caused by our negligence, or for fraud, our liability to you in connection with any Product purchased through the Website is strictly limited to the purchase price of that Product.
You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any commercial purpose including for selling any goods or services.
The intellectual property rights in all materials on the Site and supplied as part of the Products or Services ("Materials") are owned by All Things Nails Ltd (hereafter ATN) or its third party licensors. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trademark or other intellectual property right notices contained in any Materials or copies or the Materials.
Should you make a Submission to us, you agree to grant us an exclusive, irrevocable, perpetual licence to use it worldwide on the Site (and make it available to other users) and in our marketing materials and for any other business purposes, and to edit your Submissions in the event that ATN deems it necessary or desirable to do so for whatever reason.
You acknowledge that making a Submission does not guarantee that such Submission, or any part thereof, shall appear on the Website, but agree that ATN may, at its sole discretion, choose to display any Submission or any part of a Submission that you make on the Website.
You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any Submissions that you make to the Website.
You acknowledge that you will not be able to edit or delete any Submission after submission.
Any user who feels that any Submission made by other users is objectionable is encouraged to contact us at connect@allthingsnails.com. We will review the relevant Submission as soon as is practicable and will take such action as it deems necessary if any.
You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of ATN or any third party.
ATN accepts no obligation to monitor the use of the Site. However, ATN reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials; to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. ATN will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
ATN may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.
Your personal information
Use of your personal information is governed by All Things Nails Privacy Policy, which forms part of these terms and conditions. In the event that ATN undergoes reorganisation or is sold to a third party, you agree that any personal information ATN holds about you may be transferred to that re-organised entity or third party and used in accordance with the Privacy Policy.
Liability
You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site and the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms, ATN does not enter into conditions, warranties or other terms in relation to the Site or the Services or any guaranteed or predicted result from using the Site, Services or Products.
The Site includes links to external sites and co-branded pages. ATN has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. ATN does not endorse the content of external sites and is not responsible for the content of these sites and pages or for anything provided by them.
Subject to the important liability statement, ATN is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.
The Site or documents sent with a Product or the packaging or labelling of a Product may contain instructions for use, warnings, contra-indications and other notices. You must read and follow these notices carefully and ensure others who use the Products do so. Subject to the important liability statement, we will not be legally responsible to you if any of these are not observed.
Passwords
As part of the Services offered via this Site, you may be issued with an individual password which can be used to access certain areas of the Site and provide fast checkout. You will use the password only for such access and not for any other purpose. You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.
In the event of any failure or error in the operation of a password, you shall cease using the password, exit the Site immediately, and notify ATN of such failure or error.
ATN reserves the right to change your password and user name at any time in its sole discretion and you agree to notify ATN promptly of any changes to your registration details.
Suspension and termination of service
ATN may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or pages linked to it will not necessarily be uninterrupted or error-free.
ATN may terminate the Service and cease to send you Products immediately in the event you breach any of these terms and conditions or if you are late in or do not pay any sums due to ATN.
Eligibility to purchase products
ATN does not sell Products to children under the age of 18 on this Site although it may sell Products suitable for children to adults. If you are under 18, you may use the non-transactional parts of the Site but you may not purchase Products from the Site. By ordering Products you represent that you are 18 years of age or older.
In order to purchase Products, you must submit a valid Visa, Visa Electron, Mastercard, American Express, Delta or Switch credit or debit card, or valid PayPal payment login. You warrant that the payment card or PayPal login you submit is yours. All credit/debit card holders and Paypal users are subject to validation checks and authorisation by the card issuer or payment provider. ATN is not responsible in the event that your payment card provider refuses to authorise payments.
Contract formation
After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to ATN to buy a Product via the Site. No contract will exist in relation to the Products until we have confirmed to you by email that the Product has been dispatched (the Dispatch Confirmation email).
Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access the Dispatch Confirmation email.
Each Contract relates only to those Products whose dispatch the Partner has confirmed in the Dispatch Confirmation. The Partner shall not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed by way of a Dispatch Confirmation.
This will be without prejudice to your right to cancel as outlined in these terms and conditions and to your statutory rights as a consumer. ATN reserves the right to refuse orders for Products.
Pricing, availability and dispatch information of products
Information displayed on the Site as to pricing and availability is subject to change by ATN. Payment for the Products will be made via the Site in accordance with the procedure explained on the Site.
While we aim to be accurate, any availability information or dispatch estimates on the Site in relation to Products are approximate. As we process your order, we will inform you by e-mail, telephone or SMS, if any Products you order turn out to be unavailable. Please allow up to 10 business days for delivery.
In spite of our best efforts, it is possible that a Product may be mispriced on the Site. We do, however, confirm prices as part of our dispatch procedures. Where a Product's actual price is lower than that stated on the Site, we will charge the lower amount and send you the Product. If, however, the actual price is higher than that stated on the Site, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. Prices are inclusive of VAT so the price of a Product may change if you are ordering from outside the UK.
Products will be dispatched to your delivery address as soon as reasonably possible after acceptance of your order. Delivery charges and sales tax will be made in accordance with your location and you will be informed of the relevant charge on the Site before you confirm your order. Please note, any orders we accept which require delivery outside the EU will be delivered duty unpaid.
Cancellation rights for dispatched products
If you are contracting as a consumer, you may be able to cancel a Contract at any time within 14 working days, beginning on the day after you received the relevant Product. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy.
To cancel a Contract, you must immediately notify us by email at connect@allthingsnails.com and return the Product(s) covered by the cancelled order to us as soon as possible, in the same condition in which you received them, to:
All Things Nails Ltd
Lea Wood Cottage
The Crimps
Ellesmere
Shropshire
SY12 0NB
If you do not return the Products within 10 days of your cancellation, you will be deemed to have accepted the products, at which point a new purchase contract will be made and you will be charged for your order at the price set out on the Site.
You will not have any right to cancel a Contract for the supply of any Products which by reason of their nature cannot be returned, for example, without limitation, any cosmetics which have been unpackaged and treated in any way that renders it no longer marketable to other customers.
The provisions of this paragraph do not affect your statutory rights.
When returning Products on which you have received any promotional or other discounts the refund will only cover the price you paid.
Warranties
ATN warrants that the Services will be supplied with reasonable skill and care.
Statutory rights and refunds
THE RIGHTS OF CANCELLATION AND REFUND AND ANY LIMITATION EXPRESSED IN THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
Products returned by you because of a defect will be refunded in full, including a refund of any standard delivery charges for sending the item to you and the cost incurred by you in returning the item to the Partner.
Products returned by you within the “seven-day cooling-off period” will be refunded in full, including the cost of sending the item to you. ATN will not be responsible for the cost of returning the item.
It can take up to 10 days for us to receive your return, depending on which postal service you use. Refunds are usually processed on the day of receipt. Please allow a further week for the amount to show in your account.
Refunds in relation to Products may only be credited to the credit or debit card or PayPal account originally used to make the purchase. If we are unable to put the refund through on this card or account for any reason, we will try to contact you to discuss alternative arrangements.
General
ATN may change these terms and conditions from time to time and will endeavour to notify you of any major changes by email or at the very least by posting a message on the Site. By browsing the Site you are accepting that you are bound by the current terms and conditions.
You should check these each time you revisit the Site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. ATN may delay enforcing its rights under these terms and conditions without losing them. You agree that ATN may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.
These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.
If you have any enquiries or complaints (about the Service or someone else’s use of the Site) then please address them to All Things Nails Ltd, Lea Wood Cottage, The Crimps, Ellesmere, Shropshire, SY12 0NB United Kingdom or email: connect@allthingsnails.com