Terms and Conditions​​

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1. Overview​

   1. You may place an order on the website of NAILALITY by completing and submitting the order form on the website. You are responsible for ensuring the accuracy of all orders. All orders will be deemed irrevocable and unconditional upon transmission through this website and we shall have the right but not the obligation to process such orders without your further consent and any further reference or notice to you.

   2. We reserve the right, in our sole discretion, to accept or reject any and all orders received from or through the Site. 

   3. By using our site you agree to be bound by the following terms and conditions. Please read them carefully.

   4. We are NAILALITY, a registered business in Hong Kong Special Administrative Region (collectively “we”, the “Company” or “Nailality”) and we operate the site (https://www.nailality.com). Our site provides service that ­facilitates a convenient way to shop press-on nails online and to enjoy watching entertainment, leisure, artistic content over the Internet (“service”).

2. Amendments to Our Terms

   1. We reserve the right to make changes to these terms and conditions from time to time without providing any prior notification. The amended terms and conditions are effective from the date they are published on our site. Your continued access and use of our site and our services shall represent your unconditional acceptance of the latest version of the terms and conditions.

3. Definitions

   1. The meaning of some words used in these terms and conditions:

   2.  “we”, “us” or “our” is a reference to (name of person or company providing the services).

   3.  “you” or “your” is a reference to the person to whom we are providing the services or delivering merchandise and who is required to pay for the merchandise delivered.

   4.  “Content” means all text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in or in relation to our site.

   5.  “merchandise” and “products” means the nail products including any nails, nail glue, stickers for nails on the Product page of our site.

   6. “service” has the meaning given in clause 1.1.

   7. “website” and “site” means our NAILALITY’s website located at https://www.nailality.com.

4. Order

   1. When you place an order, you make an offer to buy from NAILALITY the merchandise you have specified at the price stated for those merchandise. You cannot cancel an order once it has been submitted, even if our acceptance or rejection of your order is still pending.

   2. Our acceptance of your order will only cover the merchandise mentioned in it and may not cover all the merchandise you ordered. If this is the case, then the order you made for the remaining merchandise will only be accepted when we send a further acceptance of that part of your order.

   3. The availability of the merchandise is as shown online and will be updated regularly by Nailality. They should not be relied on as definite statements as to whether the merchandise you wish to purchase are actually in stock.

   4. We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including without limitation:

      1. no sufficient stock to deliver the merchandise you have ordered;

      2. no delivery can be arranged for your area; or

      3. one or more of the merchandise you ordered was listed at an incorrect price due to a human or computer error or an error in the pricing information provided by the supplier.

5. Price and Payment

   1. We will use all reasonable commercial endeavors to display accurate and up to date prices on our site. 

   2. We accept credit card payments made by Visa and MasterCard. When you place an order you authorise us to debit the credit card you specify on your order for the amount of the order at the time we send our acceptance of your order and you represent to us that you shall be authorised to make such payment. Title in the merchandise does not pass to you until payment has been received.

   3. We use third party payment services to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by us and a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making credit card transactions, and in no event shall any such losses in whole or in part be borne by us.

6. Refund and Exchange Policy 

   1. Once the order is confirmed, the customer agrees to all the terms and conditions of the order. In case of any disputes, NAILALITY reserves the right to make the final decision.

   2. Subject to Clause 6.3, no return or exchange of merchandise will be accepted. 

   3. Subject to Clause 6.4, NAILALITY may refund the amount paid for merchandise or exchange merchandise only in the following circumstances:-

      1. Upon receipt of merchandise, the merchandise you ordered are faulty, defective or damaged (with no fault on your part), or the merchandise are not what you ordered, or the delivery is of an incorrect quantity.

      2. You did not receive any merchandise one month after the dispatch of merchandise.

   4. NAILALITY may refund or exchange merchandise according to our Refund and Exchange Process. The Refund and Exchange Process is as follows:-

      1. Subject to Clause 6.3.1, you shall report to the Customer Service or contact us through email (nailality72@gmail.com) within 48 hours upon receiving the merchandise. Late report to Customer Service will not be entertained. Upon full and careful consideration by NAILALITY, you may receive full refund of the amount you paid. However, an exchange in merchandise may not be guaranteed.

      2. Subject to Clause 6.3.2, you shall report to the Customer Service or contact us through email (nailality72@gmail.com) as soon as possible. The lapse of time may affect the Refund and Exchange Process. NAILALITY may on a case-by-case basis, deliver the same or alternate products to you. Alternatively, we may refund 50% maximum of the amount you paid, excluding delivery fee. 

      3. Subject to Clause 6.3, the merchandise in subject shall be unused and in the condition originally sold together with all parts and accessories which are provided with the merchandise including manuals, certificates, labels, tags, consumables, bags, and boxes; the packaging of the merchandise must be in the condition in which it was delivered to you; and a request for return or exchange is sent to our customer service representative via Live Chat. 

      4. You agree and accept that merchandise is acceptable for exchange subject to stocks availability.

      5. It is at NAILALITY’s sole and absolute discretion whether the merchandise is accepted for return or exchange in the Refund and Exchange Process. Under no circumstances will we accept the return of any merchandise directly to us or be held liable for your damages for whatever reasons.

7. Delivery

   1. We reserve the right to decline delivery at our sole discretion.

   2. NAILALITY has the responsibility to inform customers about the risks of nail products and that there may be delays and out-of-stocks. However, we also assure customers that we will try our best to follow up on every order and hope to deliver customers’ goods as soon as possible. Due to the unstable delivery period of manufacturers, we may not be able to reply to customers with accurate arrival status.

   3. All customers’ single orders over USD 100 are free of charge overseas shipping delivery. 

   4. You acknowledge and agree that any delivery of the merchandise you ordered from us to any locations outside Hong Kong shall be contracted directly between you and the designated logistics service providers and that any responsibilities and liabilities arising therefrom shall be between you and logistics providers. 

   5. We disclaim any responsibilities and liabilities, whether express or implied, arising out of or in connection with overseas delivery. You expressly agree not to claim or hold us liable in this regard.

   6. You understand, agree and accept that NAILALITY reserves the right to decline your delivery, and you may be refunded for the amount you have paid at NAILALITY’s sole discretion.

   7. NAILALITY delivers the merchandise ordered by you to the address you give us for delivery at the time you make your order through our site or a third-party provider. You agree to present your photo identification upon request when you acknowledge receipt of the merchandise. The merchandise shall be, and shall be deemed to be, delivered and accepted by you when the merchandise is delivered to the address you give us for delivery. You agree and accept that we are entitled, at our option, to charge you additional costs or cancel your order without any refund or compensation to you in the event of your failure to accept delivery for whatever reasons. 

   8. Unless otherwise specified, we will use all reasonable commercial endeavors to make delivery within a reasonable time after your order is accepted. 

   9. We may deliver the merchandise in one or more instalments. Any times and dates given for dispatch of merchandise, or the length of time that merchandise will take to be delivered, are only estimates. If we are unable to meet any stated dispatch or delivery dates or times we will inform you as to the progress of your order. You agree and accept cancellation of order or refund is at NAILALITY’s sole discretion.

   10. You agree and accept that the third-party provider shall be solely responsible to you for delivering the merchandise in accordance with the delivery arrangement as agreed between you and the third-party provider.

   11. We reserve the right to amend the free delivery threshold at any time and from time to time. 

8.  Insurance Products

   1. No insurance coverage shall be construed as bound or in force and NAILALITY shall not be responsible for any matters in relation to the merchandise provided.

   2. You shall, at your sole discretion, to purchase insurance plan for merchandise from the delivery company, to receive compensation from the amount you paid in case of lost delivery.

9. Disclaimer of Warranties and Limitation of Liability

   1. NAILALITY do not represent or warrant that access to our site, or any part of it, will be uninterrupted, reliable or fault-free.

   2. NAILALITY do not represent or warrant to you that our site or any of its contents (including the product filters and the results obtained from the use of product filters) will be accurate, complete or reliable. You agree that the product filters are for your reference only.

   3. To the fullest extent permitted by applicable law, NAILALITY shall not be liable to you in contract, tort (including negligence), breach of statutory duty or otherwise for any losses or damages whatsoever (including whether general, special, indirect, direct, nominal, punitive, incidental or consequential) which may arise in relation to these Terms, any products and services offered by NAILALITY, or any information, content, materials and/or services provided or performed in relation to them, whether or not we were advised in advance of the possibility of such losses or damages.

   4. If any court of competent jurisdiction finds that any part of the above provisions under this Clause 9 of our Terms is invalid or unenforceable, then our total liability in relation to these Terms, our site and/or services provided or performed in relation to them, shall be limited to the provision of our Terms and Conditions that is the subject of the dispute, as we may determine at our absolute discretion.

   5. NAILALITY do not represent or warrant that:

      1. any services (whether or not provided by us) will be provided with due care and skill; or

      2. any merchandise (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).

   6. You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.

   7. To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:

      1. any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site;

      2. the unavailability of our site (or any part of it), merchandise or services;

      3. any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services;

      4. any merchandise not being of merchantable quality or fit for their intended purpose; or

      5. any misrepresentation on or relating to our site, the merchandise or the services.

   8. Save as required by law:

      1. we will not be liable to you for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, arising out of any problem you notify to us, and

      2. we will have no liability to pay any money to you by way of compensation except otherwise specified in these terms and conditions.

   9. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase merchandise from our site. We make no representation and accept no liability in respect of the export or import of the merchandise you purchase.

   10. You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase merchandise through our site you will enter into a separate contract with the supplier in each case.

   11. None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our services or the merchandise to you.

   12. Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.

10. Warranties

    1. You represent, warrant and covenant that you will not:

       1. use our site for any fraudulent or unlawful purpose;

       2. use our site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;

       3. interfere with or disrupt the operation of our site or the servers or networks used to make our site available; or violate any requirements, procedures, policies or regulations of such networks;

       4. transmit or otherwise make available in connection with our site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;

       5. reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our site (including our applications or software);

       6. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our site (including our applications or software);

       7. frame or mirror any part of the site without our express prior written consent

       8. create a database by systematically downloading and storing the Content, User Content or any site content; and

       9. infringe any copyright, design right and intellectual property right in the merchandise.

11. Content

    1. The intellectual property rights in all Content are owned, controlled or licensed by or to us. Except for the rights granted to you under clause 14.2, nothing in these terms and conditions shall confer on you any right or interest in the Content and all other rights are reserved to us.

    2. Subject to these terms and conditions, you may use the Content for your own personal purposes.

    3. Unless you have our express written consent or you are expressly authorised by law to do so, you shall not:

       1. use the Content for any commercial or other non-personal purpose;

       2. make any copies of the Content or transfer the Content to any other device or any other person; or

       3. otherwise reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works of or display the Content.

    4. You acknowledge and agree that we may cease to supply any of the Content to you at our sole discretion if you are in breach of any of the terms of this clause.

    5. We shall use all reasonable commercial endeavors to ensure the accuracy of the Content but gives no warranties and makes no representations, express or implied, statutory or otherwise regarding the accuracy, quality or completeness of the Content or its fitness for any purpose and we exclude any liability relating to it. You also agree that responsibility for the content of advertisements appearing on our site rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy of information contained on our site.

12. Indemnity

    1. You agree to indemnify us and all of our directors, employees and contractors, and hold us all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us arising out of any breach of the covenants, warranties, representations and agreements herein.

13. Linked Websites

    1. Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.

14. Termination

    1. We may terminate your access to our site or registration immediately if you are in breach of any of these terms and conditions.

    2. Any rights that have accrued to either party at the date of termination will remain enforceable after termination.

15. Intellectual Property

    1. All intellectual property rights in the Content, User Content, design, text, graphics and other material on our site and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any authorised used without our prior written permission is strictly prohibited.

    2. All trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.

16. General

    1. Where in these terms representations and warranties are made to us and to suppliers of merchandise through our site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you.

    2. We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use. This right includes the right to change any of the documentation which forms part of these terms and conditions.

    3. We have made every effort to make clear whether the quoted prices for merchandise available through our site include any relevant tax or duty. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the supplier or by operation of law that is in addition to the price.

    4. We take privacy issues seriously. Our privacy policy covers our use of any information you provide. In using our services, you agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.

    5. We reserve the right at our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide our services to any user that is in breach of these terms and conditions.

    6. We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control.

    7. If any clause hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other clause and such invalid clause shall be deemed to be severed from these terms and conditions.

    8. We may assign these terms and conditions or appoint any third party, including our group companies, to provide the services to you on our behalf or to perform any of our obligations under these terms and conditions.

    9. You shall not assign or otherwise deal with its rights and obligations under these terms and conditions, whether in whole or in part without our written consent.

    10. These terms and conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these terms and conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these terms and conditions.

    11. These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.

17. Privacy Policy

    1. Your privacy is important to NAILALITY. Please read the following carefully before providing us with any of your personal information. Your continued use of our website to purchase our products constitutes your acknowledgment, understanding and agreement to our Terms and Conditions and this Privacy Policy.

    2. Scope of application of privacy protection policy

       1. The content of the privacy protection policy, including how this website handles the personal data collected when you use the website services. The privacy protection policy does not apply to related linked websites other than this website, nor does it apply to people who are not entrusted by or involved in the management of this website.

    3. How personal data is collected, processed and used

       1. When you visit this website or use the functional services provided by this website, please provide necessary personal information. This website will process and use your personal information within the scope of specific purposes; without your written consent, this website will not Your personal data will be used for other purposes.

       2. This website will retain the name, email address, contact information, usage time and other information you provide when you use interactive functions such as service mailboxes and questionnaires.

       3. When you browse the website, the server will record relevant actions on its own, including the IP address of the connecting device you use, usage time, browser used, browsing and click data records, etc., as a reference for us to improve website services Accordingly, this record is for internal use and will never be released to the public.

       4. In order to provide accurate services, we will conduct statistics and analysis on the collected questionnaire content, and present the data or explanatory text of the statistical analysis results. In addition to being used for internal research on the website, we will publish statistical data and explanatory text as necessary, but we will not Information that will relate to specific individuals.

18. Data protection

    1. The hosts of this website are equipped with firewalls, anti-virus systems and other related information security equipment and necessary security protection measures. The website adopts strict protection measures to protect the website and your personal information. Only authorized personnel can access your information. Personal data, relevant processing personnel are obliged to keep the data confidential.

    2. If it is necessary to entrust other units to provide services due to business needs, this website will also strictly require them to comply with confidentiality obligations and adopt necessary inspection procedures to ensure that the entrusted cooperative units will truly comply with the data protection obligations.

19. We reserve the right to terminate or vary the above offers from time to time without providing any prior notification. In the event of any dispute, our decision shall be final and conclusive. 

20. These terms and conditions form the integral part of the General Terms and Conditions.

21. Last Updated: September 2024

 

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