Terms & Conditions
Please read these Terms and Conditions carefully before using https://creativenails.uk website.
Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website.
By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Website.
1. These Tems and Conditio ns will apply to the purchase of the goods by you (the Customer or you). We are Amy of https://creativenails.uk, with the email address email@example.com; (the Supplier or us or we).2. These are the terms on which we sell agll Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by ticking the box marked 'I have read and accepted the terms of sale and I declare that the information entered into this form are true and correct.' If you do not tick the box, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means an individial acting for purposese which are wholly or mainly outside his or her trade, business, craft or professions;
4. Contract means the legally binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supploed, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the numer and description as set out in the Order;
8. Order means the Customer's order for the goods from the Supplier as submitted following the step by step process set out on the Website;
11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- Personal Information
- Basis of Sale
17. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
18. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
19. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
20. Any quotation is valid for a maximum period of 1 month from its date, unless we expressly withdraw it at an earlier time.
21. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
- Price and Payment
23. The price of the Goods and any additional delivery or other charges is set out on the Website at the date of the Order or such other price as we may agree in writing.
24. Prices and charges include VAT at the rate applicable at the time of the Order.
26. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if;
a. we have refused to delivery the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to use before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to use or allow us to collect them from you.
30. If any Goods form a commerical unit (a unit is a commerical unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of the Goods without also cancelling or rejecting the Order for the rest of them.
31. When ordering outside of England, Wales, Scotland, Northern Island, the Isle of Man and Channel Islands - you may need to pay import duties or other taxes, as we will not pay them. They are the buyers responsibility.
32. You agree we may deliver the Goods in instalments if we suffer shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
33. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the resonable costs of storing and redelivering them.34. The Goods will become your responsbility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
- Risk and Title
35. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- Withdrawal, returns and cancellation
37. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
38. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
a. goods that are made to your specifications or are clearly personalised;
b. goods which are liable to deteriorate or expire rapiodly.
39. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
40. As all of our false nail sets are hand painted to order, if you need to cancel your order then you must contact us as soon as possible. Once the order is being processed, we are unfortunately unable to cancel orders.
41. We are unable to cancel orders which have already been dispatched.
Effects of cancellation
42. If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (expect for the supplmentary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
43. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unneccesary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
44. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not late than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
45. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
46. We will make the reimbursement using the same means of paymeny as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
47. As our false nails are hand painted to order, returns are not accepted unless the packaged has incurred damage during transit.
48. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us without delay and in any event, not later than 14 days from the day on which you communicated to use your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
49. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of sitance communcation up to and including the time at which the contract is concluded;
50. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
51. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
- Circumstances beyond the control of either party
53. In the event of any failure by a party because of something beyond its resonable control:
a. the party will advise the other party as soon as reasonably practicable; and
54. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
56. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
57. We are a Data Controller of the Personal Data we Process in providing Goods to you.
58. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collection Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisation measures to ensure your Personal Data is secure.
- Excluding Liability
- Govering law, jurisdiction and complaints
61. The Contract (including any non-contractual matters) is govered by the law of England and Wales.
62. Disputes can be submitted to the jurisdication of the courts of England and Wales or, where the Customer lives.