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TERMS AND CONDITIONS OF ON-LINE SALES

DATE OF LAST UPDATE: 1/06/2018

FOREWORD

Nailstation markets throughout this website nail polishes.

Nailstation sells the retail products on its website to final customers & intermediate customers. Any fraudulent Order or Order deemed to be such, will be considered by Nailstation to be null and void. Nailstation reserves the right to limit the quantities of any item delivered to the same purchaser and even to the same postal address.

ARTICLE 1 – PURPOSE

The purpose of these Terms and Conditions of Sale (hereinafter called the “Terms and Conditions of Sale”) is to inform any potential Purchaser of the terms and conditions under which the Vendor (hereinafter called “Nailstation”) sells and delivers the products ordered and to define the rights and obligations of the Parties in relation to the sale of products by Nailstation to the consumer (hereinafter called the “Purchaser”). Said Terms and Conditions of Sale apply, without any limitation or qualification, to the sale of all products proposed by Nailstation on its website, accessible via:

  • the Internet at nailstation.com
  • the Internet Europe only at www.nailstation-boutique.com

As a result, the fact that the Purchaser orders a product proposed for sale on the Nailstation website, regardless of the media used, signifies full acceptance of these Terms and Conditions of Sale, which the Purchaser acknowledges having read before placing an Order.

Nailstation reserves the right to change these Terms and Conditions of Sale at any time. However, the Terms and Conditions of Sale applicable to the Order are those accepted by the Purchaser when placing the Order.

These Terms and Conditions of Sale are completed by the Confidentiality and Cookies Policy.

ARTICLE 2 – IDENTITY OF COMPANY

Thomlac SARL, located at 111 Avenue Victor Hugo, 75116 Paris.

ARTICLE 3 – BASIS OF AGREEMENT AND PLACING OF ORDERS

3.1 PRICES

The sales price of the on-line products sold on the Nailstationwebsite, indicated in EUR, is that in force at the time at which the Purchaser placed the Order. The sales price of the products can be changed by Nailstation at any time. Any changes will be indicated to the Purchaser before the Order is completed.

Considering the fact that Nailstationonline and Nailstationbeauty parlour are two separate entities, the prices on the Nailstationwebsite can be different form the prices in Nailstation store. The Purchaser shall not be entitled to ask either to the Nailstationwebsite or Nailstationbeauty parlour to apply the prices applied by the other.

Prices do not include shipping costs, which are invoiced in addition to the price of the products purchased. Shipping costs will be indicated before the Order is confirmed to the Purchaser. The different methods of shipping are indicated below in these Terms and Conditions of Sale and are indicated on the Website. They can be changed at any time by Nailstation.

Nailstation regularly checks that the prices on the Website are correct. However, errors can occur. If Nailstation observes an error in the price of an Order, the Purchaser will be informed as soon as possible. Nailstation reserves the right to cancel the Order of any item whose price is incorrect. If the Order has already been paid, the corresponding amount will immediately be refunded to the Purchaser.

3.2 PRODUCT CHARACTERISTICS

General provisions 

The Purchaser can select one or several products from among the various categories proposed on the Nailstation website.

Nailstation can change the selection of products proposed for sale on its website at any time, particularly due to constraints relating to its suppliers, even if the products have been ordered by the Purchaser.

Pursuant to article L. 111-1 of the French consumer code, the Purchaser can consult the essential characteristics of the product(s) proposed on the Nailstation website before placing an Order.

The products comply with current French legislation. Nailstation may not be held liable in the case of non-respect of the legislation of the country to which the product is delivered (e.g. if a product is prohibited). Purchasers must check with the local authorities of the country to which the product is to be delivered whether the importation or use of the products and services they intend to order is authorized.

Nailstation cannot guarantee that the information provided on the product packaging will be translated into all the languages of the European Union. However, the information will be available in at least French.

For all questions relating to the products and their use, any additional question or request for advice, the Purchaser can contact the team of Nailstation Customer Service indicated under “Contact Us” on the Nailstation website.

3.3 AVAILABILITY

The offers presented by Nailstation are valid while they remain on the website and within the limit of available stocks.

For products not stocked in its warehouses, the offers presented by Nailstation are valid subject to availability. Indications concerning the availability of the products are provided to the Purchaser at the time of the Order. Since the information comes directly from the suppliers, errors or changes can exceptionally exist.

Whatever the circumstances and in the case of total or partial unavailability of the products after the Order is sent, the Purchaser will be informed by email as soon as possible that the product is unavailable and that the Order has been totally or partially cancelled.

In the case of total cancellation of the Order by Nailstation:

  • The Purchaser’s Order will be automatically cancelled and the Purchaser’s bank account will not be debited (except in the case of payment by Paypal subject to Paypal conditions).
  • Nailstation’s Customer Service will contact the Purchaser to indicate cancellation of the Order and suggest placing another Order that does not include the unavailable product.

3.4 ORDER

By placing an Order, the Purchaser accepts these Terms and Conditions of Sale and the Confidentiality and Cookies Policy, notwithstanding any special contractual conditions between the Parties.

Before validating the Order, the Purchaser can check the details of the draft Order and correct any errors.

The on-line sales agreement is concluded when the Purchaser confirms the Order by clicking on the “PAY” button (herein called the “Order”.) The Purchaser is deemed to accept the following with full knowledge and consent: the content and conditions of the Order and these Terms and Conditions of Sale in particular, the fact that the Order implies an obligation of payment, and the prices, volumes, characteristics, quantities and delivery times of the products proposed for sale and ordered by the Purchaser.

Once this step has been validated, the Purchaser can no longer cancel the Order. The sale will then be final (unless the Purchaser exercises the right of cancellation during the cooling-off period pursuant to article 6 of these Terms and Conditions of Sale). The Order will be confirmed to the Purchaser by email. Another email will inform the Purchaser of the shipping date of the Order.

Nailstation recommends that the Purchaser should keep these emails in printed or electronic form. The Purchaser is informed that the emails are sent to the email address given by the Purchaser. Thus, if there is an error in the email address or the Order confirmation message is not received, Nailstation cannot be held liable. In this case, the sale will be considered final, unless the Order is cancelled by Nailstation, particularly if the products are not available. The Purchaser may nevertheless exercise the right of cancellation during the cooling-off period pursuant to article 6 of these Terms and Conditions of Sale.

Nailstation will be entitled to collect the full price corresponding to the Order.

Finally, Nailstation reserves the right to suspend or cancel the processing of an Order and/or delivery regardless of its nature or stage of processing, in the following cases: non-payment of any or all of the amount owed by the Purchaser, a payment incident, fraud or attempted fraud relating to the use of the Nailstation website, including on the occasion of previous Orders.

The Purchaser agrees that Nailstation can use the personal data provided to carry out appropriate anti-fraud investigations. The personal data provided by the Purchaser can be transferred to a credit rating agency or fraud control agency which can keep a record of the data.

ARTICLE 4 – PAYMENT

The Purchaser can pay for the Order on the Website under the conditions set out below. The Purchaser warrants Nailstation that it has the necessary authorizations to use the payment method chosen for the Order when the Order was registered.

4.1 PAYMENT METHODS

4.1.2 PayPal

The Purchaser can use a PayPal account to pay for the Orders on the Website. Any purchase by PayPal will be automatically subject to the User Agreement for PayPal Service and to the PayPal Privacy Policy.

4.2 PAYMENT PROCEDURE

All Orders must be paid for. Orders can be paid in EUR including all compulsory taxes and fees. Any bank charges will be paid by the Purchaser (including in the case of a refund).

4.3 SECURITY OF PAYMENT TRANSACTIONS

Within the framework of the fight against Internet fraud, the data relating to the Purchaser’s Order may be transferred to any third party authorized by the law or appointed by Nailstation with the sole purpose of checking the Purchaser’s identity and validating the Order, the payment method used and type of delivery.

After the above verification, Nailstation reserves the right to request a photocopy of the Purchaser’s ID and/or any information relating to the Purchaser’s identity. The Purchaser has the right to access, amend and remove any data of a personal character processed by Nailstation, under the conditions set out in the Confidentiality and Cookies Policy.

ARTICLE 5 – DELIVERY AND ACCEPTANCE

5.1 GENERAL RULES

The products ordered by the Purchaser in pursuance of these Terms and Conditions of Sale are delivered to the address indicated by the Purchaser as the delivery address for the Order concerned (“Delivery Address”).

The Purchaser, or the recipient of the Order, can only change the delivery address if required after the Order has been confirmed by contacting Nailstation’s Customer Service.

Certain beauty products (aerosols, perfumes) are considered to be hazardous products for transport. As a result, we take every necessary precaution and apply the rules for the transport of hazardous materials (IATA, ADR). Certain types of delivery may therefore not be proposed to the Purchaser when placing the Order and it may not be possible to return the products from certain countries.

5.2 DELIVERY IN FRANCE, IN THE EUROPEAN UNION AND THE REST OF THE WORLD

Le groupe La Poste

The parcel containing the products that have been ordered and paid for is delivered personally to the exact address provided at the time of the Order.

If the recipient is absent at the time of delivery, an attempted delivery card will be left in the mailbox.

5.3 INCIDENT, DAMAGED PARCEL

5.3.1 General provisions

The Purchaser or recipient of the Order is invited to check the visible state of the parcel and products at the time of delivery.

If there are any breakage concerning the parcel (parcel damaged or opened) can  refuse to take delivery of the parcel (in this case, the carrier will take the parcel back). No claims concerning the carrier and Nailstation will be accepted if the appropriate procedure is not respected. In particular, the Purchaser will not be able to claim a refund. Nor can the Purchaser or the recipient of the Order ask Nailstation to have the products delivered again. The Purchaser will be contacted by the Customer Service as soon as possible to discuss the refusal. If the problem related to transport is confirmed by Nailstation’s Customer Service, the Order will be cancelled and the Purchaser refunded for the price of the parcel and the delivery costs.

The return procedure for the damaged products indicated by Nailstation’s Customer Service must then be strictly followed by the Purchaser. Failing this, the Purchaser cannot claim a refund or an exchange of the products concerned.

5.3.2 Procedures to be strictly followed when the parcel is damaged

– 7/7 Premium delivery

If the parcel is damaged on arrival, the Purchaser can inform the courier of the problem and refuse to take delivery. In this case, the courier keeps the parcel. The Purchaser will then be contacted by Nailstation’s Customer Service as soon as possible to discuss the refusal. If the problem related to transport is confirmed by Nailstation’s Customer Service, the Order will be cancelled and the Purchaser refunded.

If the parcel is accepted, the Purchaser must:

  • Unwrap the parcel in the presence of the courier, and
  • Write any observations in detail by hand on the Delivery Slip. The reservations made by the recipient concerning delivery are used to prove the existence and importance of the damage. The Purchaser must make sure that the reservations are precise and complete (simply writing “subject to unpacking” is considered to be too general and imprecise), and
  • Send a registered letter with recorded delivery setting out the reasons for the complaint to the carrier within three (3) days of receipt in pursuance of the provisions of article L.133-3 of the French Commercial Code.
  • Inform Nailstation by email or registered letter within three (3) working days of delivery of the Order.

ARTICLE 6 – COOLING-OFF PERIOD

6.1. LEGAL COOLING-OFF PERIOD

6.1.1. Length of legal cooling-off period

In pursuance of article L.221-18 of the French Consumer Code, the Purchaser has 14 (fourteen) days from the day of receipt of the parcel containing the ordered products to change their mind without having to give a reason for the decision.

6.1.2. How to cancel the purchase during the legal cooling-off period

The procedure to be followed to cancel the purchase during the cooling-off period is described in article 6.3 of these Terms and Conditions of Sale.

6.1.3. Products excluded from the legal cooling-off period

In pursuance of article L.221-28 of the French Consumer Code, the cooling-off period does not apply to Orders concerning the supply of cosmetic goods which were unsealed after delivery and cannot be returned for reasons of hygiene or health protection. The Purchaser is warned that the legal cooling-off period will not apply to products which cannot be resold by Nailstation.

6.1.4. Consequences of legal cooling-off period

If the cooling-off period applies and the Purchaser respects the conditions set out in this article with regard to the time-frame and return procedure, the Purchaser will be refunded for the returned products. However, Nailstation will not refund the customs duties & delivery cost.

6.2. HOW TO CANCEL THE PURCHASE DURING THE LEGAL COOLING-OFF PERIOD AND THE CONTRACTUAL COOLING-OFF PERIOD

The Purchaser or, where applicable, the recipient of the Order, must inform Nailstation of their wish to benefit from the cooling-off period in one of the following ways:

  • By contacting the Nailstation’s Customer Service within 3 (three) days of reception of the Order. In this case, the Purchaser can use the Termination Notice appended to these Terms and Conditions of Sale and send it by post by email to info@nailstation.com.

If the Purchaser returns the articles using their own means and at their own expense, it is recommended keeping proof of return of the item by registered post or by any other method which provides a record of the shipping date. The Purchaser must insure the parcel against loss for the value of the contents. Nailstation shall not be held liable for the loss of a parcel returned by the Purchaser using their own means.

The Purchaser may be held liable in the case of depreciation of the value of the product as a result of handling that is not consistent with preservation of the nature, characteristics and, where applicable, the correct operation of the products. In this case Nailstation may deduct the difference between the value of the product returned and its initial value when making the refund.

ARTICLE 7 – INTELLECTUAL PROPERTY

The Nailstation brand, in addition to all figurative and other marks, illustrations, images and logos, all content on the Website (including but not limited to these Terms and Conditions of Sale), is and shall remain the exclusive property of Nailstation or the owner of the intellectual property rights concerned.

Any total or partial reproduction, modification or use of said marks, illustrations, images and logos or any other content on the Website, for any reason and on any media whatsoever, without the prior, written consent of Nailstation or the owner of the intellectual property rights concerned is strictly prohibited. The same applies to all copyright, designs and patents represented and/or used on the Website.

ARTICLE 8 – SIGNATURE AND PROOF

Nailstation shall do everything possible to protect the personal data of its customers by ensuring a high level of security, but the Purchaser also has a role to play in protecting personal data. In particular, the Purchaser must ensure the security of their on-line transactions, for example, by not communicating their ID (Purchaser’s email address) and/or password to anyone else and by regularly changing the password. In this respect, Nailstation cannot be held liable for the disclosure of information concerning the Purchaser to anyone having used their ID (Purchaser’s email address) and/or password. In this respect, use of the Purchaser’s ID (Purchaser’s email address) and/or password is deemed to be proof of identity, and the obligation, on validation of the Order, to pay the corresponding amount. In no event can Nailstation be held liable for the fraudulent use of the above data. Providing credit or bank card details and final validation of the Order are deemed to be proof of acceptance of the Order and the obligation to pay the expenses incurred by clicking on the products in the Order. The computer registers, kept in Nailstation’s IT systems and those of its partners, will be deemed to be proof of any communications, Orders and payments which may take place between the Parties.

ARTICLE 9 - CUSTOMER SERVICE / MEDIATION SERVICE

For all additional information, the Nailstation Customer Service can be reached by contacting our service indicated under “Contact Us” on the Website.

Nailstation reserves the right to edit these Terms and Conditions of Sale at any time without notice. To be kept informed of any changes, Nailstation recommends that the Purchaser and, generally speaking, any user of the Website, should regularly reread the Terms and Conditions of Sale and the Confidentiality and Cookies Policy. The Order will be governed by the Terms and Conditions of Sale in force at the time of the Order.

ARTICLE 10 – EDITING OF TERMS AND CONDITIONS OF SALE

Nailstation reserves the right to edit these Terms and Conditions of Sale at any time without notice. To be kept informed of any changes, Nailstation recommends that the Purchaser and, generally speaking, any user of the Website, should regularly reread the Terms and Conditions of Sale and the Confidentiality and Cookies Policy. The Order will be governed by the Terms and Conditions of Sale in force at the time of the Order.

ARTICLE 11 – DISCLAIMER

Nailstation do not warrant that the features, function and content of the website is secure or free of error, or that error will be corrected.

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