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Terms & Conditions

Welcome to ENAILS (hereinafter called as “the Website”) an internet platform owned by Lithuanian company UAB “Feminda diva” (hereinafter called as “ENAILS” or “We”). The following Terms & Conditions covers usage of the website http://www.enails.eu, including purchase procedure on the Website. You may find full details about us in the in the column “Contact us”.

THE USE OF THE WEBSITE

By accessing or using the Website you agree to be legally bound by these Terms & Conditions and all the other policies set forth by ENAILS. These Terms & Conditions also include conditions on purchasing products indicated on the Website and other conditions related to it; therefore, you should be always aware of the regulation of these terms and act accordingly.

We kindly ask you to review Terms & Conditions before ordering any of our products on the Website. If you do not agree with these Terms & Conditions, you shall not buy any products on the Website.

We reserve the right to modify our Terms & Condition at any time; therefore, any new amendments shall enter into force from the moment they are published on the Website. Due to this, every time you going to purchase the products available herein, you have a responsibility to review Terms & Conditions.

LINKING TO OTHER SITES AND THIRD PARTIES’ SERVICES

We note that if the Website contains links to external sites, which are not under the control of ENAILS, we are not responsible for any content of any linked site.

ENAILS is using services of the third parties in order to receive payments for the purchased products, to present to you newest proposals related to the products we sell, and deliver these products to you. These parties act following their own terms and conditions and in any event are related or affiliated with ENAILS. We shall not be responsible for any content or services offered by these third parties.

ENAILS in any case shall not be held liable nor responsible for any harm or damages related to services provided by the third parties, whenever it is payment, delivery, distribution, marketing or any other services performed by the third parties. For this reason, we kindly recommend you carefully read all terms and conditions presented to you by these parties and act according to it.

Any claims, complaints, questions, concerns or accusations regarding services, acts or omissions by the third parties, shall be directed to these parties only and in no case shall be raised towards ENAILS.

SERVICE ACCESS

ENAILS endeavours to ensure that the Website is normally available 24 hours per day and 7 days a week. If you have any questions to us, you may send them via email or LiveChat to us in English and we will come back to you as soon as possible.

Nevertheless, we shall not be liable if for any reason the Website is unavailable at any time, for any period and for whatever reason or from any jurisdiction.

USER INFORMATION

Usage of personal data and cookies is specified in ENAILS Privacy Policy.

We are based in the EU and all the ordered products will be shipped directly from our office to the address you provided. Ordered products will be shipped only to the confirmed addresses. Therefore, you should provide ENAILS with necessary billing and shipping details. Please be noted that you are solely responsible for providing correct, accurate and valid billing and shipping addresses and other necessary and required details. In a case where you provided incorrect address and a package was returned as undelivered, you will be charged for a redelivery, nevertheless.

Billing and delivery addresses provided us with must match selected mean of your payment’s billing address. If both addresses do not match together, we obtain a right not to process your order and thus cancel the transaction.

LIABILITY

ENAILS will put its reasonable efforts to ensure that content of the Website is accurate and up to date. However, we exclude all liability and responsibility towards you or any third party for any amount or kind of loss or damages that may result to you or a third party, including, but not limited to, any direct, indirect, punitive or consequential loss or damages (pecuniary or non-pecuniary), or loss of income, profits, penalties (fines, interests), as well as damages arising from or connected in any way to business interruption.

ENAILS shall not be held liable nor responsible for any losses or damages caused by links or materials of any other websites that are linked to the Website. These losses or damages may be related to viruses that may infect your equipment, software, data or other property because of your access to. Usage of the Website, browsing or downloading of any content from the Website are not the subject matter of ENAILS liability or responsibility.

ENAILS reserves the right to change any product specification at any time; therefore, it does not accept liability for any claims or losses arising from a reliance upon any content of the Website of which you should be aware of then ordering a particular product.

No reliance should be placed upon any of the statements made within the site and the material on the site is provided ‘as it is’, without any conditions or other terms of any kind. Accordingly, to the maximum extent permitted by the law, ENAILS excludes all responsibilities, warranties and conditions, which might have effect in relation to the Website.

In cases, where liability of ENAILS is established by law and these Terms & Conditions does not exclude such liability, we may be liable only and if you purchased products from us. These Terms & Conditions or any guarantees issued by us shall not apply in the case products are bought via any other person.

PURCHASE

You shall purchase products offered by ENAILS only in your own name, using your account with the correct information provided there about you and on your own risk. Your order shall be a subject to acceptance by ENAILS. Unless otherwise expressly agreed by you and ENAILS, once confirmed by relevant confirmation receipt sent by email, your order may not be revoked.

ENAILS does not apply any extra delivery import charges for buyers of region of Europe. Buyers, who are not located in the region of Europe, have a duty to check the rate of charges with their local customs agency. Therefore, buyer is responsible for any import charges if these apply.

ENAILS may initiate a delivery of products to you only after the actual receipt of the relevant payment, covering the price of products bought, and taxes and the price of the shipment, if applicable. We reserve a right to charge extra fees for repetitive deliveries in case you fail to accept delivered products.

TRANSFER, ACCEPTANCE AND RETURNS

The acceptance of the products shall mean the examination of the quantity, quality and functionality thereof. In case you have any complaints after the examination of the product, you should indicate it to the currier that presented the product to you. As it was already mentioned, ENAILS does not perform delivery services; therefore, we shall not be responsible for any act, omission nor incident after the moment product is transferred to a delivery company.

You have a right only to return non-cosmetic and non-perfumery products (such as for example UV nail curing dryers) that you have bought within 14 (fourteen) days after you received the products and get full refund. Be aware that new or defective UV nail drying lights may be returned only for exchange and no refunds can be issued at this case.

Please note that in case you want to return the products you have bought, you have to pay the delivery costs of returning the goods in the same manner as you have bought them.

The above-mentioned period of 14 (fourteen) days to return non-cosmetic and non-perfumery products does not apply if products you have bought were in any way personalized or used. Therefore, if you want to return ordered products, you have to return them in the same conditions as they were received.

If the products you bought turn out to be faulty or do not look or work as advertised, you may contact ENAILS within 2 (two) years period during which a guarantee of quality is valid, thus ENAILS may repair or replace them free of charge or give you a price reduction or a full refund. Only and if it is not possible to repair or replace the goods, you may ask for a partial or full refund.

We emphasize that such products as nail polish, nail polish removers, top and base coats as well as nail treatment products and any other products related to usage of cosmetic and perfumery purposes cannot be returned due to the health and sanitation grounds regulated by law.

PAYMENTS

ENAILS only accepts PayPal and Credit Card payments. You may contact us via indicated ENAILS email, if any other method of payment is required by you and, depending on the situation and possibilities, we will try to provide the best payment solution for you.

Please be aware that prices of all the products are indicated in Euros on the Website, where any other currency rate indicated on the Website is only approximate; therefore, if you are paying in any other currency, you will be charged at a rate of a payment service provider.

ENAILS does not perform financial, payment, money transfer and / or any related services; therefore, every time you perform a payment to ENAILS, you are using third party services. We do not charge any payment fees and we are not responsible for any fees raised by a payment service provider, as a result, we shall not be held liable, nor responsible for any services performed by the third parties including those that are mentioned in these Terms & Conditions.

PRODUCTS

Technical specifications, characteristics, details, prices and other data of the products are provided on the Website and together with products purchased.

We put every effort to display product on the Website as accurately as possible; however, considering that different monitors may display images differently, we cannot guaranty that products you see offered on the Website are the same colour or shape as real.

We cannot guaranty that products offered on the Website are the same colour or shape as real; therefore, we shall not be held liable nor responsible for any discrepancy if one appears.

ENAILS does not warrant that the quality of any product ordered will meet your expectations. Descriptions of the products offered on the Website may be changed at any time without prior notice. Therefore, you should be aware of the changed description before ordering a particular product.

Products sold by ENAILS are new; however, as a result of normal usage some natural and inevitable damage may occur; therefore, ENAILS is not be liable for wear and tear damages.

ENAILS is not liable under any warranty for defects or damages of any product that have been caused after the delivery to you or by improper storage or misuse of the products.

SHIPPING AND DELIVERY

All ordered products from ENAILS would be shipped the next business day after a cleared payment of yours. Please note that ENAIILS does not perform delivery services, it cannot determine, nor control how long the exact shipping takes; therefore, it shall not be held liable nor responsible for any delay or loss of delivery.

ENAILS shall not be held liable nor responsible for any act, omission nor incident, after the moment product was transferred to a delivery company. However, in case package you received has an external damage, you shall inform the courier on the damage at the time of delivery.

In case an internal damage occurs, which was not visible at time of delivery, and which is not a wear and tear damage, you should contact the courier, which is responsible for the damage, and make a complain to the delivery company directly.

INTELLECTUAL PROPERTY

Any content placed in the Website as well as ENAILS products is subject to copyright or other intellectual property rights protection. You shall not use any content of the Website for commercial or any other purpose.

TAXATION

ENAILS will rely on any financial statements or other financial information that you provide. It shall not be deemed as a taxpayer of any taxes that are not prescribed directly to ENAILS by the laws of the Republic of Lithuania. All the other taxes prescribed by national laws of your country, including, but not limited to the customs taxation and / or other taxation related to the products, shall be fully paid by you.

GOVERNING LAW AND JURISDICTION

Any dispute that might arise in relation to ENAILS or the Website will be settled shall be resolved by negotiation between parties.

In case it is not possible to settle the dispute in the above manner, it shall be solved using Online Dispute Resolution website managed by the European Commission.

2013-05-06