The following terms and conditions (“Terms and Conditions) govern all use of the Sunkissed Nails website and mobile application and any content and materials therein (“Platform”) made available by Sunkissed Nails having its principal place of business at P.O. Box 38914 Charlotte, NC 28278 (“Sunkissed” or “We” or “Our” or “Us”).
By accessing the Platform and/or buying any of the products displayed on the Platform, you agree to abide by the Terms and Conditions. Please read the Terms and Conditions which will govern your access, and use of the Platform. If you do not agree with the Terms and Conditions, please do not access, or use the Platform. These Terms and Conditions apply to all users of the Platform.
By accessing or using the Platform, you represent and warrant that:
1) You are above the age of majority as per the applicable laws to which you are subject
2) You are of sound mind and have the right, authority, and capacity to agree to and abide by the Terms and Conditions.
1.1. You may have to create/sign up for an account and provide us certain details such as name, email, phone number, credit/debit card details if you need to place order for the products offered by Us through the Platform.
1.2. If you are a minor, you may only use the Platform under the supervision and guidance of an adult or your guardian, in which case the adult or the guardian or the parent shall be deemed to be the user and shall be responsible for any activities.
1.3. You will provide Us with your accurate, complete, current, and true details (and promptly update the same as needed) and notify Us in writing of any changes thereto. We will not be liable to you for any loss or damage (including for any deliveries that could not be made to you) that occurred to you due to inaccurate, incomplete, or false details provided by you.
2. Use of Platform and Services
2.1. The Platform and the services are protected by copyright and other intellectual property and proprietary rights laws of United States and as applicable throughout the world. Subject to the Terms and Conditions, We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Platform only to view the products, place order for the products and provide any feedback/suggestions/participate in any forums only for your personal and non-commercial use (and not for reselling the products).
The rights granted to you for use of the Platform and services are subject to the following restrictions:
3.1. You shall not copy, decompile, reverse engineer, modify, prepare derivative works, or otherwise exploit the Platform.
3.2. You shall not remove any copyright, trademark registration, or other proprietary notices from the Platform.
3.3. You will not infringe or use any of Our brands, logos, trademarks, or other proprietary marks for your use.
3.4. You will not use the Platform or services or products in any way which is harmful to Our interests.
3.5. You will not transmit or introduce any kind of virus or any malware or harmful codes in the Platform.
3.6. You will not use the Platform or Services in any way not permitted or authorized by the Terms and Conditions.
3.7. You will not use the Platform or services or products to violate any applicable laws
4. Buying Products
4.1. The details of the various products offered by Us will be indicated on the Platform from time to time.
4.2. Certain of Our products or services may be available exclusively online through the Platform.
4.3. We have made commercially reasonable efforts to display as accurately as possible the colors, format, and images of the products on the Platform. However, We cannot guarantee that the color and details will be accurate as this is dependent on the computer monitor. The products may appear larger or smaller than their actual size depending on the monitor on which they are viewed. Some photos have been enlarged to show detail.
4.4. The weights, measures, and other descriptions for the products are approximate only and are provided for your convenience purposes.
4.5. The inclusion of any products or services on the Platform does not guarantee that the products or services will be available for selling.
4.6. We reserve the right without prior notice to:
4.6.1. limit the sales of our products in certain geographies, or to any person.
4.6.2. impose limits on the maximum or minimum quantities of products that can be purchased through the Platform.
4.6.3. discontinue any products or services
4.6.4. impose conditions on any promotions, offers, coupons
4.6.5. refuse to provide any product or service to any user
4.7. The descriptions of products, pricing and any other related details are subject to change at any time without notice in Our sole discretion. Please visit the Platform for the latest description and pricing of the products and services.
4.8. All of Our prices stated on the Platform are final and non-negotiable.
4.9. If We modify or cancel any order, We will make commercially reasonable efforts to notify you on the contact details you have provided.
4.10. If you would like to change or cancel your order after it has been placed, please contact us at email@example.com and we will make commercially reasonable efforts to accommodate your request.
4.11. If you have placed an order for a specific product, and then would like to add another product, then contact us immediately at firstname.lastname@example.org
4.12. You authorize Us and the applicable financial transactions processor to debit your bank account, card account for the applicable charges for products or services. You agree that there may be any applicable terms and conditions of such a payment processor to which you will be bound and shall comply with the same.
4.13. You remain responsible for any taxes that may apply for your transactions.
4.14. We are not liable if your payment transaction cannot be completed due to any issues including technical issues or due to any limits imposed by applicable laws.
4.15. The stock availability displayed on the Platform is on “as is” basis and subject to change. If a product you ordered is out of stock, we will advise you promptly of the other possible options for you.
4.16. For any out-of-stock products, We may be unable to provide you notifications as to when the products will be back in stock. You may contact us at email@example.com to inquire about the same.
5.1. Once you pay for the order, we will process the order within 1-3 business days and ship the same to the delivery address specified by you.
5.2. We partner with multiple reliable carrier services. The products may take 2-7 business days to get shipped to your place after the date of your purchase. The time taken for delivery will vary as per the delivery destination; however, we make our best efforts to ensure that your order is delivered on time.
5.3. We may provide expedited/express shipping (within United States) if specified on the products listing page. Unless otherwise specified otherwise, shipping is free within United States. However, international shipments will not be applicable for free shipping and shipping fee will be assessed upon placing the order.
5.4. We will send an email confirmation with the tracking number and order details to you once we process the order.
5.5. We may also arrange for in-store pick up for any products purchased online.
5.6. We do not ship to PO Box addresses.
5.7. We cannot guarantee that the shipment will arrive within the days above specified. The shipment may be delayed due to unexpected occurrences beyond our control including acts of God though we will make commercially reasonable efforts in association our delivery partner to ensure that the product reaches you within the specified timeline.
5.8. In the unlikely event that we fail to deliver your order within the stipulated timeline, we will cancel your order and notify you. In such a circumstance, the refund will be made directly in the same form you had made the payment for the product.
5.9. If you live outside the United States, you may receive the delivery within 1-3 weeks of placing the order. You are solely responsible for any custom duties, taxes and levies imposed by local authorities. The international shipping cost varies based on destination and will be displayed to you at the time of you placing the order.
5.10. Once the ordered products are handed over to the carrier for shipping, the risk of loss and title for the ordered products will pass to you.
5.11. For the purposes of security, we may require that an adult person sign at the time of delivery.
5.12. If you intend to ship the product to an alternate delivery address other than the one you specified at the time of placing the order, please contact us at firstname.lastname@example.org and we will make commercially reasonable efforts to accommodate your request.
5.13. If you intend to hold your package at the local carrier location to be picked up by you at your convenience, you can let us know, however, in such situation, your photo identification will be needed to pick up your shipment.
5.14. If we are unable to ship to your destination/country, we will notify you promptly.
5.15. If the package is returned due to incomplete or wrong address, we will refund the cost of the product only and not the shipping fee. If you request us to reship the same order again, you will be responsible for the reshipment costs on the order.
6.1. We are committed to providing full customer satisfaction with respect to the products purchased through the Platform. However, if you are not happy with the product, you may choose to return the product.
6.2. The return and exchange terms specified herein is only for products purchased online through the Platform.
6.3. We provide a thirty (30) day return window (“Return Period”) from your date of purchase within which you may return the product.
6.4. We will provide the full refund for the price you paid for the product without imposing any penalties or restocking fees (unless specified otherwise) if you return the products within the Return Period subject to following conditions:
6.4.1. The products must be returned in the same condition (saleable condition) in its original packaging (along with all the product documentation and any certificates) the way it was at the time of purchase
6.4.2. The sales receipt/invoice shall be accompanied with the product in scope for return
6.4.3. The product must be unused, unworn, and unaltered
6.5. We reserve the right (but not the obligation) to accept any return if any of the above conditions are not met but subject to you paying any additional costs/fees for any missing documentation/certificates, used items, or for any similar scenarios.
6.6. You may also choose to exchange the products within the Return Period but subject to the fulfillment of above conditions and the value of the newly selected product shall be same or more than the originally purchased product value. If there is a difference in the originally purchase product value and newly selected product value, you will have to pay the difference amount.
6.7. If you decide to return the product after the expiry of Return Period, We will only be able to provide (without any obligation on Us) an exchange of the product or an online store credit in Our sole discretion.
6.8. We reserve the right to apply certain restrictions relating to refund, exchange, or online credits in case of any custom orders (custom made or ordered). For the sake of clarity, we reserve the right to deny any refund request for any custom product orders even if made within the Return Period.
6.9. If you intend to initiate a return for the product purchased, please contact us at email@example.com
6.10. Only when we receive the product and subject to the fulfillment of refund conditions outline hereinabove to our satisfaction, we will issue a full refund within 5-15 business days by crediting your original payment method. The original shipping charges are non-refundable.
6.11. You are requested to only initiate a return after contacting us at firstname.lastname@example.org. We are under no obligation to process your refund request if you return any product to Us without contacting us first.
6.12. We are not responsible for accepting any returns if the returns are not submitted in accordance with these terms and conditions including any instructions we may provide after you contact Us as hereinabove stated.
7. Ownership and Intellectual Property Rights
7.1. Title, ownership rights, and intellectual property rights in the Platform and services and products except any of your content shall remain the sole property of Sunkissed Nails or its collaborators or licensors.
7.2. You grant Sunkissed Nails and its affiliates, agents, representatives, and their respective assigns, heirs, and successors, a worldwide, non-exclusive, fully paid-up, royalty-free, sub-licensable, transferable, perpetual right to use, copy, reproduce, modify, publish, transmit, disseminate, display, and otherwise exploit such of your content as you may make available on the Platform for any purpose.
8. Acceptable User Content
8.1. You may make available on the Platform (by posting, email, filling up any web forms) certain of your content that may include submissions to contest entries, ideas, suggestions, feedback, comments, questions, reviews, or other similar content.
8.2. You are solely responsible and liable for the content that you make available on the Platform.
8.3. You shall not upload, or disseminate any of your content on the Platform which is:
8.3.1. infringing on any third-party intellectual property rights
8.3.2. violating the Terms and Conditions or applicable laws
8.3.3. unethical, illegal, unlawful, obscene, pornographic, immoral, hateful, defamatory, discriminatory, threatening, disparaging, harassing, offensive, abusive
8.3.4. violative of applicable laws or privacy rights of any third party
8.3.5. false, fraudulent, misrepresenting, misleading, or deceptive
8.4. We may, in our sole discretion, monitor, edit or remove your content that we determine is objectionable or violates any party’s intellectual property or these Terms of Service or any applicable law.
10. Third Party Sites
10.1. The Platform may contain links to third-party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of such sites. We shall not be liable for any personal information submitted by you to such third-party websites or any personal information collected by such third-party websites.
11. Business Days
11.1. The term “business days” as used in this document means Monday-Friday excluding any public holidays.
12.1. We may without prior notice discontinue your use of the Platform and remove any of your content that you have made available, with or without notice, for any reason.
12.2. We may from time to time suspend or terminate access to all or a part of any Platform, or any content therein or limit the availability and accessibility of the Platform to you as per Our discretion and without any reason.
13. Warranties and Disclaimer
13.1. THE INFORMATION PROVIDED ON THE PLATFORM IS FOR GENERAL INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS ANY SORT OF ADVICE. WE DO NOT WARRANT THAT THE CONTENT ON THE PLATFORM WILL BE ACCURATE, COMPLETE, TRUE, AND UPDATED THOUGH WE WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT THE PLATFORM CONTAINS ACCURATE, TRUE, AND UPDATED CONTENT. THE INFORMATION RELATED TO PRICING, DESCRIPTION, OFFERS, SHIPPING CHARGES, TRANSIT TIMES MAY CONTAIN ERRORS, INACCURACIES AND OMISSIONS. ANY RELIANCE ON THE CONTENT AVAILABLE ON THE PLATFORM IS AT YOUR OWN RISK.
13.2. THE PLATFORM AND ALL THE SERVICES AND PRODUCTS PROVIDED THROUGH THE PLATFORM IS ON “AS IS” BASIS AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, PERFORMANCE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
13.3. WE DO NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR VIRUS-FREE OR BUG-FREE OR UNINTERRUPTED OR SECURE, THAT THE PLATFORM OR PRODUCTS/SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE PLATFORM OR PRODUCTS/SERVICES WILL BE ADEQUATE OR APPROPRIATE FOR YOUR PURPOSE.
14.1. You agree to defend, indemnify, and hold Sunkissed Nails, its successors and assigns, affiliates, officers, directors, employees, agents, representatives, harmless from and against any claims, damages, costs, causes of actions, liabilities, including without limitation, reasonable attorney fees, resulting from or arising from the content you have posted on the Platform or your breach of any provision in the Terms and Conditions, or your violation of any rights of any third party or your violation of any applicable laws.
15. Limitation of Liability
15.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUNKISSED NAILS, ITS SUCCESSORS AND ASSIGNS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND CONSULTANTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND OR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION, LOSS OF DATA OR INFORMATION OR CONTENT ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, OR SERVICES OR PRODUCTS INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SUNKISSED NAILS FOR ALL CLAIMS RELATED TO THE TERMS AND CONDITIONS EXCEED THE TOTAL AMOUNT RECEIVED BY SUNKISSED NAILS FROM YOU DURING THE LAST SIX (6) MONTHS PRECEDING THE DATE OF CLAIM.
16. Governing Law
16.1. The Terms and Conditions are governed by the laws of State of South Carolina without reference to the conflict of laws and you agree to submit to the exclusive jurisdiction of, and venue in, the courts of county of York, South Carolina.
17.1. We reserve the right at any time to modify or discontinue the Platform including any services or products (or any part thereof) without notice at any time.
18.1. We will send you notice to the last email address you provided to Us.
18.2. You may give notice to Sunkissed Nails at email@example.com
19. Class Action Waiver
19.1. You and Company agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action.
20. Force Majeure
20.1. We are not responsible for any delays or failures in performance from any cause beyond Our control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third-party service providers, lockdowns, epidemics, riots, earthquakes, floods, weather conditions or acts of hackers, or any other third party or acts or omissions of users.
21. Entire Agreement
21.1. The Terms and Conditions constitute the entire agreement between you and Us as to the subject matter stated herein.
22.1. If any provision of the Terms and Conditions is found to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable.
23.1. Your use of the Platform or services or purchasing the products shall not make you an employee or agent or partner or joint venturer of Sunkissed.
24.1. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
25.1. The Terms and Conditions bind and benefit the parties and their respective permitted successors and assigns.
26.1. All provisions of the Terms and Conditions which by their nature should survive shall survive the termination.
27. Changes to the Terms and Conditions
27.1. We reserve the right to modify the Terms and Conditions as per Our discretion at any time. Please regularly check the Platform to view the latest updated version. To the extent permitted by applicable laws, your continued use of the Platform or availing the services or buying the products constitutes your acceptance of such change(s).
28. How to Contact Us
Below are Our Contact details:
- Our Address: Sunkissed Nails
P.O. Box 38914
Charlotte, NC 28278
- Phone: 980-505-6395
- Email: firstname.lastname@example.org
Last updated: August 26, 2021