Terms of service

GENERAL TERMS AND CONDITIONS OF SALE

Effective as of July 03, 2023

ARTICLE 1 - Scope of application

These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply, without restriction or reserve, to all sales concluded by the Seller with buyers ("the Customers" or "the Customer"), wishing to acquire the products offered for sale ("the Products") by the Seller on the website https://thenailsangels.com/. The Products offered for sale on the site are the following:

Stickers for fingernails;
Stickers for toenails.

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site https://thenailsangels.com/ which the customer is required to acknowledge before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are subject to availability, as specified when the order is placed.

These GTCSs are accessible at any time on the site https://thenailsangels.com/ and will prevail over any other document.

The Customer declares that he/she has read and accepted these GTCSs before placing an order on the website https://thenailsangels.com/.

In the absence of proof to the contrary, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:

TheNailsAngels OÜ

A company with a share capital of 2500 euros registered in the Trade Register of Tallinn, Estonia, under the number 14996189.

Postal address: Lõõtsa tn 2a, 11415 Tallinn, Estonia

Email: help@thenailsangels.com

VAT number: EE102308574

The Products presented on the website https://thenailsangels.com/ are offered for sale in the following territories:

Metropolitan France, Guadeloupe, Reunion Island, Mayotte, Monaco, Martinique, Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon, French Guyana, Germany, Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Czech Republic.

In the event of an order to a country other than metropolitan France - the place of shipment where our main logistics provider for the European area is located - the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union, the price will be calculated excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.

ARTICLE 2 - Prices

The Products are supplied at the prices in force appearing on the site https://thenailsangels.com/, at the time of the recording of the order by the Seller.

The prices are expressed in Euros, at the final billing rate for the customer: including VAT for customers in the European Union, excluding VAT for others.

Customers domiciled in a country whose currency is not the Euro can see an estimate of the prices in their local currency. The amounts are given as an indication, the exchange rate applied being a periodically updated rate, not reflecting the real rate that will be applied by the Customer's bank at the time of payment.

Only the amount in Euro, indicated during the checkout process in the shopping cart validation stage, is valid. The final transaction is always processed in Euro, regardless of the currency displayed in the product information pages.

The Customer is responsible for the payment of all possible bank, exchange and/or transaction fees related to the processing of his/her payment by the Customer's bank or by the issuer of the debit or credit card used.

The prices take into account any discounts that may be granted by the Seller on the website https://thenailsangels.com/.

These prices are firm and non revisable during their period of validity but the Seller reserves the right, outside of the period of validity, to modify the prices at any time.

The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is issued by the Seller and given to the Customer upon delivery of the Products ordered or upon request by email to help@thenailsangels.com.

ARTICLE 3 - Orders

It is the Customer's responsibility to select the Products he/she wishes to order on the https://thenailsangels.com/ website, according to the following procedures:

The Customer chooses a Product that he/she puts in his/her basket, a Product that he/she can delete or modify before validating his/her order and accepting the present general sales conditions. He will then enter his details or connect to his space and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the Customer according to the terms and conditions.

Product offers are valid as long as they are visible on the site, within the limits of available stocks.

The sale will be considered valid only after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to immediately report any error.

Any order placed on the https://thenailsangels.com/ website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment or delivery of a previous order.

The Customer may follow the progress of his order on the site.

ARTICLE 3 Bis - Customer area - Account

In order to place an order, the Customer is invited, if he wishes, to create an account (personal account).

To do this, he must register by filling out the form that will be offered at the time of his order and agrees to provide true and accurate information about his civil status and contact details, including his email address.

The Customer is responsible for updating the information provided. It is specified to him that he can modify them by connecting to his account or by contacting the customer service by email at help@thenailsangels.com.

To access his personal space and order history, the Customer must identify himself using his email address and his password chosen beforehand. In this respect, the Customer shall refrain from disclosing it. Otherwise, he will remain solely responsible for the use that will be made.

The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to help@thenailsangels.com. This will be effective within a reasonable time.

In case of non-compliance with the general conditions of sale and / or use, the site https://thenailsangels.com/ will have the possibility to suspend or even close the account of a customer after notice sent by electronic means and remained without effect.

Any deletion of an account, whatever the reason, will result in the pure and simple deletion of all personal information of the Customer.

The Seller shall not be held liable for any event due to force majeure resulting in a malfunction of the site or server, subject to any interruption or modification in the event of maintenance.

The creation of an account implies the acceptance of the present general conditions of sale.

ARTICLE 4 - Terms of payment

The price is paid by secure payment, according to the following methods:

Payment by credit or debit card;
Payment by PayPal.

The price is payable in full by the Customer on the day the order is placed.

The payment data are exchanged in encrypted mode thanks to the protocol defined by the approved payment provider involved in banking transactions on the site https://thenailsangels.com/.

Payments made by the Customer shall not be considered final until the Seller has actually collected the sums due.

The Seller shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.

ARTICLE 5 - Deliveries

The Products ordered by the Customer will be delivered in the following areas

Deliveries are made to the address indicated by the Customer when ordering on the site within an indicative period of :

2 to 3 working days for Metropolitan France, overseas territories and Monaco;
3 to 5 working days for the European Union and Switzerland;
After a preparation time of 1 to 2 working days.

The delivery is constituted by the transfer to the Customer of the physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above.

If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for by the applicable legislation in force. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.

Deliveries are made by an independent carrier, to the address mentioned by the Customer at the time of the order and to which the carrier can easily access.

When the Customer has himself/herself chosen a carrier, delivery shall be deemed to have taken place as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and shall have no recourse against the Seller in the event of failure to deliver the goods transported.

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs shall be subject to specific additional invoicing, based on a quote previously accepted in writing by the Customer.

The Customer is required to check the condition of the products delivered. The Customer has a maximum of 10 days from the date of delivery to make complaints by email to help@thenailsangels.com, accompanied by all the relevant documents (notably photos). After this period and if these formalities are not respected, the Products will be deemed to be in conformity and free of any apparent defect and no claim will be validly accepted by the Seller.

The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for by the applicable legislation in force and those provided for in these GTC.

The transfer of the risks of loss and deterioration relating thereto shall only be carried out at the time when the Customer takes physical possession of the Products. The Products are therefore transported at the Seller's risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.

ARTICLE 6 - Transfer of ownership

The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.

ARTICLE 7 - Right of withdrawal

According to the applicable legislation in force, the time limit runs from the receipt of the first good.

The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the desire to withdraw and including by mail addressed to the Seller to the postal address or email indicated in ARTICLE 1 of the GTCSs.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products are not accepted.

The cost of returning the Products will be charged to the Customer.

The refund will be made within 30 days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.

ARTICLE 8 - Responsibility of the Seller - Guarantees

The Products supplied by the Seller benefit from :

The legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order;
The legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use.

The provisions relating to legal guarantees are those provided for by the applicable legislation in force.

In order to assert his rights, the Customer shall inform the Seller, in writing (email or letter), of the non-conformity of the Products or of the existence of hidden defects from the moment of their discovery.

The Seller shall refund, replace or repair the Products or parts under warranty that are found to be non-conforming or defective.

Refunds, replacements or repairs of Products found to be non-conforming or defective shall be made as soon as possible and no later than 30 days following the Seller's discovery of the non-conformity or hidden defect. This reimbursement can be made by crediting the bank card used for payment, by PayPal reimbursement or by SEPA transfer if no other means is available.

The responsibility of the Seller cannot be engaged in the following cases:

Non-respect of the legislation of the country in which the products are delivered, which it is up to the Customer to check;
In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure;
The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.

The Seller's guarantee is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

ARTICLE 9 - Personal data

The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. This personal data is collected only for the execution of the sales contract.

9.1 Collection of personal data

The personal data that are collected on the site https://thenailsangels.com/ are the following:

Account opening

During the creation of the Customer / user account: Names, first names, postal address, telephone number and e-mail address.

Payment

Within the framework of the payment of the Products offered on the site https://thenailsangels.com/, the latter records financial data relating to the bank account, the PayPal account, or the bank card of the Customer / user.

9.2 Recipients of personal data

The personal data are used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.

The categories of co-contractors are:

Transport providers;
The providers of payment institutions;
The accounting service provider;
The provider of logistic preparation of the order;
IT service providers for automated data processing.

9.3 Data controller

The person responsible for processing the data is the Seller, in the sense provided by the applicable legislation in force on the protection of personal data. It is possible to contact him by simply requesting him from the customer service department by email at help@thenailsangels.com.

9.4 Limitation of processing

Unless the Customer expressly agrees, his personal data will not be used for advertising or marketing purposes.

9.5 Data retention period

The Seller shall keep the data thus collected for a period of 10 years, covering the period of prescription of the applicable contractual civil liability and the legal retention period of the invoicing documents.

9.6 Security and confidentiality

The Seller implements organizational, technical, software and physical measures in the field of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Enforcement of Customer and user rights

In accordance with the regulations applicable to personal data, Customers and users of the https://thenailsangels.com/ website have the following rights:

They can update or delete the data concerning them;
They can delete their customer account;
They can exercise their right of access to know the personal data concerning them;
If the personal data held by the Seller is inaccurate, they can request the update of the corresponding information;
They may request the deletion of their personal data, in accordance with applicable data protection laws;
They may also request the portability of data held by the Seller to another provider;
Finally, they may object to the processing of their data by the Seller.

These rights, as long as they do not object to the purpose of the processing, can be exercised by sending a request to the e-mail address indicated in article 9.3 "Data controller".

The data controller must provide a response within a maximum of one month.

In the event of refusal to grant the Customer's request, reasons must be given.

The Customer is informed that in the event of refusal, he may lodge a complaint with the competent authority in his territory.

The Customer may be asked to tick a box under which he agrees to receive informative and advertising e-mails from the Seller. The Customer shall always have the option of withdrawing his consent at any time by contacting the Seller or by following the unsubscribe link.

9.8 Operation of the website

The operation of the Seller's website requires the use of "cookies" and "scripts" to provide the service to the customer. All information relating to the privacy policy, compliance with the provisions of the "GDPR ("General Data Protection Regulation") and the means implemented are available in the "Privacy Policy" section of the site.

ARTICLE 10 - Intellectual property

The content of the site https://thenailsangels.com/ is the property of the Seller and its partners and is protected by local, European and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeiting.

ARTICLE 11 - Applicable law - Language

These GTCSs shall be interpreted, as well as the legal relations between the parties, in accordance with French law.

The Buyer irrevocably agrees to submit any dispute arising from, or in connection with, the validity, interpretation and/or execution of these GTCSs to the exclusive jurisdiction of the Luxembourg courts.

Without prejudice to the foregoing, Seller may, at its option, bring any claim or dispute (including, but not limited to, seeking injunctive and/or equitable relief) arising out of or in connection with the validity, interpretation and/or performance of these GTCSs before any court and administrative authority in any jurisdiction having jurisdiction over the subject matter of such claim or dispute.

These GTCSs are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 12 - Disputes

For any complaint, please contact the customer service department at the Seller's postal or email address indicated in ARTICLE 1 of these GTCSs.

The Customer is informed that he may in any case resort to a conventional mediation, with the existing sectorial mediation authorities or to any alternative method of dispute resolution (conciliation, for example) in case of dispute.

The Customer is also informed that he can also resort to the Online Dispute Resolution platform (RLL): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from the purchase and sale operations concluded in application of these GTCSs and which have not been settled amicably by the seller or by mediation, will be submitted to the competent courts under the conditions of common law.

ANNEX I

Withdrawal form

Date ______________________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://thenailsangels.com/, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Terms of Sale.

To the attention of TheNailsAngels OÜ

Lõõtsa tn 5-11, 11415 Tallinn, Estonia

I hereby give notice of withdrawal from the contract for the following goods:

- Ordered on (indicate date): ...........................................................

- Order number: ...........................................................

- Customer's name: ...........................................................................

- Customer's address: .......................................................................

Customer's signature (only if this form is notified on paper)

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