Terms & Conditions
- Use of Site
Accessing, browsing, or otherwise using our website (the “Site”), including, without limitation, ordering products, indicates your agreement to all these Terms & Conditions.
These Terms & Conditions are valid for all follow-up business activities as well without need to be explicitly mentioned or agreed again.
If you disagree with these Terms & Conditions or any part of these Terms & Conditions, you must not use our Site.
You may choose to register at our Site if you are at least sixteen (16) years of age. If you do register, you will have an email address/username and password (the “Login Details”) in order to access and use certain portions of this Site. Each time you use your Login Details, you will be deemed to be authorized to access and use the Site in a manner consistent with the Terms & Conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. You agree to provide only current, complete, accurate, truthful and non-misleading information and to keep such information current, complete, accurate, truthful and non-misleading.
You will be solely responsible for all access to and use of the Site by anyone using your Login Details whether or not such access to and use of the Site is actually authorized by you, including, without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of your Login Details. You shall immediately notify us of any unauthorized use of your Login Details or any other breach or threatened breach of the Site's security.
If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as the principal to all Terms & Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms & Conditions and to accept liability for harm caused by any wrongful use of the Site or content resulting from such access or use.
By using this Site you consent to receive any agreements, notices, and other communications (collectively, "Notices") to which these Terms & Conditions refer from us electronically including, without limitation, by email or by posting Notices on this Site. We cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically. This consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications.
You acknowledge and agree that these Terms & Conditions constitute the complete and exclusive agreement between us concerning your use of the Site.
We reserve the right to cancel orders if we do not deliver to your region or if the manufacturer of the ordered merchandise has ceased production or in cases of force majeure provided that such circumstances have occurred after conclusion of the contract. If your credit card has already been charged for the purchase or your payment has already been received and your order is canceled, we shall issue a credit to your credit card in the amount of the charge or reimburse the payment made as soon as possible, but at the latest within 30 days of your order.
We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests. Where we suspend your access to our website or a part of our website, you must not take any action to circumvent such suspension (including, without limitation, creating a different account).
We reserve the right, in our sole discretion, to revise these Terms & Conditions at any time by posting the changes on the Site and providing notice of such revision. Any revisions are effective immediately upon posting to the Site and release of notice of such revision. Your continued use of the Site thereafter constitutes your agreement to all such revised Terms & Conditions.
We reserve the right to discontinue or alter any or all of our website services and to stop publishing our website at any time in our sole discretion without any obligation to give notice or explanation.
- Products and Services
The products and services available on the Site, and any samples thereof we may provide to you, are for use only. You may not sell or resell any of the products or services, or samples thereof you purchase or otherwise receive from us (except as explicitly permitted by us in advance, e.g. wholesale & distributor clients). We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms & Conditions.
We reserve the right, at any time in our sole discretion without any obligation to give notice or explanation, to add new products, delete or stop selling products or modify products for the purpose of improvements.
We reserve the right to exclude customers from further deliveries if previous deliveries have not been paid within the agreed term of payment.
- Price Information
All prices are excluding VAT and exclusive of charges for processing and shipping (in this regard, please also read our “Shipping & Returns” Policy). VAT will be charged for domestic orders only and will be shown separately at check-out.
Prices can be displayed on the Site in various currencies. However, check out will always be in CHF.
We reserve the right to change prices at any time in our sole discretion without notice or explanation.
- Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site. However, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
We have made every effort to display the colors of our products on the site as accurately as possible. However, due to the calibration of your own screens, we can not guarantee that the selected colors will exactly match the appearance on your screen.
- Intellectual Property
All information and content available on the Site, including but not limited to trademarks, logos, service marks, text, graphics, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of My Nice Nails Ltd., our affiliates, partners or licensors, and is protected by Swiss and international laws, including laws governing copyrights and trademarks.
Except as set forth in Section 6, Limited Licenses, in or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, for any purpose without our prior express written consent.
The use of any of our trademarks or service marks without our express written consent is strictly prohibited.
- Limited License
We hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of the Site by displaying it on your internet browser only for the purpose of shopping and not for any commercial use, except as explicitly permitted by us in advance (e.g. wholesale & distributor clients). Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, republish, redistribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance.
We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Swiss or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
We also grant you a limited, revocable, non-transferable and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (a) may link to, but not replicate, any and/or all of our Content; (b) may not imply that we are endorsing such website or its services or products; (c) may not misrepresent its relationship with us; (d) may not contain content that could be construed as distasteful, obscene, offensive, controversial or illegal or inappropriate for any ages; (e) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (f) may not link to any page of the Site other than our home page (unless explicitly permitted by us in advance). We may, in our sole discretion, request that you remove any link to our Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
- Third Party Links
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on any such site. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including, without limitation, their privacy policies and terms & conditions.
- Submissions
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us full ownership of the Submission as if we had created, developed and posted the Submission for our own purposes. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know-how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
- User Content
When you transmit, upload, post, email or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (collectively, "User Content") on the Site, you are entirely responsible for such User Content (such User Content constitutes a Submission under Section 8, Submissions). This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, emailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, fraudulent, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, offensive, deceptive, anti-social, menacing, hateful, discriminatory, racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, email, or otherwise make available any software malware (including, without limitation, software viruses, Trojan horses, worms, spyware, keystroke logger, or rootkit), unsolicited or unauthorized advertising, solicitation or promotional material (including, without limitation, chain letters, mass mailings), or any form of "spam". You further agree not to (a) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (b) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (d) intentionally or unintentionally violate any applicable local, national or international law; or (e) collect or store personally identifiable data about other users. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, emailed or otherwise made available via the Site. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms & Conditions, we have the right to remove any User Content that violates these Terms & Conditions or is otherwise objectionable.
When you post reviews or comments to the Site, you also grant us the right to use the name that you submit with any review, comment, or other User Content, if any, in connection with such review, comment, or other User Content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other User Content that you post on this Site and that use of your reviews, comments, or other User Content by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us as to the origin of any User Content. We may, but shall not be obligated to, remove or edit any reviews, comments, or other User Content for any reason.
- Limitation of Liability
The site is presented “as is”. We make no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, data accuracy and system integration.
You agree that, to the maximum extent permitted by applicable law, we will not be responsible or liable, under any circumstances, for (a) any interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) any loss or damages of any sort incurred (including, without limitation, loss of or damage to profits, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill) as a result of dealings with or the presence of third-party links on the site; (e) software viruses, system failures or malfunctions which may occur in connection with your use of the site; (f) any inaccuracies or omissions in the content or (g) events beyond our reasonable control (including, without limitation, strikes, lockouts and other union disputes, breakdown of systems or network connections, flood, fire, explosion or accident).
To the maximum extent permitted by applicable law, we will not be liable for any damages of any kind arising from the use of this Site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages (including lost profits).
You agree that no claims or action arising out of, or related to, the use of the Site or these Terms & Conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase or your payment has already been received and your order is canceled, we shall issue a credit to your credit card in the amount of the charge or reimburse the payment made as soon as possible, but at the latest within 30 days of your order.
With regards to international orders, we will not be liable for any incompatibility, including, without limitation, electric incompatibility or incompatibility with laws and regulations.
- Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms & Conditions.
- Applicable Law
A contract under these Terms & Conditions shall be governed by and construed in accordance with Swiss law, excluding the provisions of the law on conflict of laws under international private law and excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
- Severability
Should a condition of this contract or the contents of an integrated part of this contract be or become invalid, void, or for any reason unenforceable by any court or other competent authority, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the ineffective condition with an effective condition which comes as close as possible to the intended economic purpose of the invalid condition as well as to the originally agreed contract equilibrium. The same applies to any contract gaps.
- Placing Orders
You can place orders with or without registering. A registered user is able to access order history and check out faster when ordering again as all needed data is already available and must not be filled again.
Select the products you want to order by clicking the "Add to Cart" button. This will put your selection in the cart. You can change this selection at any time until submitting your order by changing the number of products, deleting the selection by clicking on the "Remove" button or canceling the order process. By clicking on the "Check Out" button, you will be taken to the next order step. If you already have a customer account, log in with your email address and password. Make sure that all details are correct and read the Terms & Conditions, Shipping & Returns and Privacy Policy carefully. By clicking on the button "Pay now" you agree with all our terms and you send your order to us and a legally binding contract is created. After completion of your order, you will receive a clear order confirmation via email, which contains all information about your order. The contract text can be printed out using the print functions of the browser.
If you prefer to order by email, please use this email address: info@mynicenails.shop. In addition to listing the items you wish to order, the following information must also be given: full name, address, and shipping address (if different to address). We will get back to by email with an invoice and indicate the possible payment methods.
- Withdrawal Policy
The following withdrawal policy applies exclusively to consumers. A consumer is any natural person who enters into a legal transaction for purposes which, predominantly, can not be attributed to his/her commercial or independent professional activity.
As a consumer, you have the right to cancel a contract (such as an order) within fourteen (14) days without giving any reason. The withdrawal period is fourteen (14) days from the day on which you have taken or a third party named by you, who is not the carrier, has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us of your decision to cancel a contract by means of a clear statement (such as a letter sent by post or by email). In order to uphold the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. We will promptly (for example by email) send you a confirmation of receipt of such withdrawal. In the case of withdrawal, the following details are mandatory: (a) explicitly mention withdrawal, (b) contract or invoice number, (c) order date, (d) date of delivery (if delivery has already taken place), (e) your name, (f) your address, (g) date and signature (only on paper).
If you cancel a contract, we have to refund all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than our standard low-priced delivery), no later than fourteen (14) days from the date on which the notice of your withdrawal is received. For this repayment, we will use the same form of payment that you used in the original transaction, unless otherwise agreed with you. We can refuse the refund until we receive the returned goods. You must return the goods to us immediately and in any event not later than fourteen (14) days from the date on which you inform us of the withdrawal. You have to bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to improper handling by you.
The right of withdrawal does not apply to contracts (a) for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is significant or which are clearly tailored to the personal needs of the consumer and (b) for the supply of goods that can spoil quickly or whose expiration date would quickly be exceeded.
The right of withdrawal expires prematurely for contracts (a) for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene if their seal has been removed after receipt of delivery and (b) for the delivery of goods, if these were inseparably mixed with other goods after receipt of delivery.
- Shipping & Returns
Please review our “Shipping & Returns” Policy, which also governs your visit to this Site and constitutes an integral part of these Terms & Conditions. Our “Shipping & Returns” Policy is linked to from the footer of this Site or can be directly accessed at https://mynicenails.shop/pages/shipping-returns.
- Privacy Policy
Please review our Privacy Policy, which also governs your visit to this Site and constitutes an integral part of these Terms & Conditions. Our Privacy Policy is linked to from the footer of this Site or can be directly accessed at https://mynicenails.shop/pages/privacy-policy.
- Contact
If you have any questions regarding these Terms & Conditions, please email us at info@mynicenails.shop.
Last update: 13 May 2021