TERMS AND CONDITIONS
www.nailsdulce.com
- GENERAL INFORMATION
The ownership of this website www.nailsdulce.com (hereinafter, the Website) is held by Hazel Navarrete, with NIF: [Insert], and whose contact details are:
Address: Bulwer Court Road 46 E11 1DB London
Contact Phone: +44 795 8703490
Contact Email: info@nailsdulce.com
This document (as well as other documents mentioned here) governs the conditions under which the use of this Website (www.nailsdulce.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions) are regulated.
For the purposes of these Conditions, the activity carried out by Nails Dulce through the Website includes:
Online sale of Press-on Nails
In addition to reading these Conditions, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Terms of Use, including the cookie policy, and the privacy and data protection policy of Nails Dulce. By using this Website or making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and all of the aforementioned. If the User does not agree with all of this, they should not use this Website.
It is also noted that these Conditions may be modified. The User is responsible for checking them each time they access, browse, and/or use the Website, as the current ones will apply at the time of the product and/or service purchase request.
For any questions the User may have regarding the Conditions, they can contact the owner using the contact details provided above or, if applicable, using the contact form.
- THE USER
Accessing, browsing, and using the Website grants the user (hereinafter referred to individually as the User or collectively as Users) the condition of user, thereby accepting all the Conditions set forth here, as well as any subsequent modifications, notwithstanding the application of the relevant mandatory legal regulations.
The User assumes responsibility for proper use of the Website. This responsibility extends to:
- Using this Website solely to make valid inquiries and purchases or acquisitions.
- Not making any false or fraudulent purchases. If it is reasonably considered that such a purchase has been made, it may be canceled, and the relevant authorities will be notified.
- Providing accurate and lawful contact details, such as email address, postal address, and/or other information (see Legal Notice and General Terms of Use).
The User declares they are over 18 years old and legally capable of entering into contracts through this Website.
The User may formalize, at their choice, the purchase agreement of the desired products and/or services with Nails Dulce in any of the languages in which these Conditions are available on this Website.
- PURCHASE OR ACQUISITION PROCESS
Users can make purchases on the Website using the established means and methods. They must follow the online purchase and/or acquisition process on www.nailsdulce.com, during which several products and/or services can be selected and added to the shopping cart, basket, or final purchase space, and then click on: “Buy now.”
Additionally, the User must complete and/or verify the information requested at each step, although, during the purchase process, data can be modified before payment is made.
Subsequently, the User will receive an email confirming that Nails Dulce has received their order or purchase request and/or service provision request, i.e., the order confirmation. If applicable, they will also be informed by email when their purchase is being shipped. In some cases, this information could also be made available to the User through their personal account on the Website.
Once the purchase process has concluded, the User consents to the Website generating an electronic invoice, which will be sent to the User via email and, if applicable, through their personal account on the Website. The User may also request a paper copy of their invoice by contacting Nails Dulce using the contact spaces on the Website or the contact details provided above.
The User acknowledges being aware, at the time of purchase, of specific sales conditions related to the product and/or service in question, which are displayed alongside the product’s presentation or image on its page on the Website. These include, but are not limited to: name, price, components, weight, quantity, color, product details or characteristics, how services will be provided and/or their costs; and acknowledges that placing the order constitutes full and unconditional acceptance of the specific sales conditions applicable to each case.
Communications, purchase orders, and payments involved in transactions made on the Website may be archived and stored in Nails Dulce’s computerized records to serve as proof of transactions, while ensuring compliance with reasonable security conditions and applicable laws and regulations, particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016, on the protection of individuals with regard to the processing of personal data and the free movement of such data (GDPR) and Organic Law 3/2018 of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights granted to Users in accordance with this Website’s privacy policy.
- AVAILABILITY
All purchase orders received by Nails Dulce through the Website are subject to product availability and/or any force majeure circumstance (Clause Nine of these Conditions) that may affect the supply of products and/or the provision of services. If difficulties arise with product supply or products are out of stock, Nails Dulce will contact the User and refund any amounts paid. This will also apply in cases where a service cannot be provided. - PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€), and include taxes, unless otherwise required by law, particularly with respect to VAT, in which case the applicable amounts will be specified and applied.
Shipping costs are included in the final product prices as shown on the Website. Nails Dulce provides delivery and/or shipping services through: Royal Mail.
Under no circumstances will the Website automatically add extra costs to the price of a product or service, only those the User has voluntarily and freely selected.
Prices may change at any time, but such changes will not affect orders or purchases for which the User has already received an order confirmation.
Accepted payment methods will be: Credit or debit card, and PayPal.
Nails Dulce uses all necessary means to ensure the confidentiality and security of payment data transmitted by the User during transactions on the Website. For this reason, the Website uses a secure payment system (SSL – Secure Socket Layer).
Credit card payments will be subject to checks and authorizations by the issuing bank. If the bank does not authorize the payment, Nails Dulce will not be responsible for any delay or failure to deliver and will not be able to formalize any contract with the User.
Once Nails Dulce receives the User’s order through the Website, a pre-authorization will be made on the relevant card to ensure there are sufficient funds to complete the transaction. The charge to the card will occur when the User receives the shipping confirmation and/or confirmation of the service being provided in the agreed form and, if applicable, location.
If the payment method is PayPal, the charge will occur at the time Nails Dulce sends the confirmation of the order or acquisition of products and/or services to the User.
In any case, by clicking “Buy now,” the User confirms that the payment method used belongs to them.
6. DELIVERY
In cases where physical delivery of the purchased goods is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands), European Union.Except in cases where unforeseen or extraordinary circumstances arise, or where product personalization is involved, the order for the products listed in each order confirmation will be delivered within the timeframe specified on the Website according to the shipping method chosen by the User, and in any case, within a maximum period of 30 calendar days from the order confirmation date.
If for any reason, attributable to Nails Dulce, the delivery date cannot be met, Nails Dulce will contact the User to inform them of this and offer the option to proceed with the purchase by setting a new delivery date, or to cancel the order with a full refund of the amount paid. In any case, home deliveries will be made on business days.
If the delivery attempt fails due to the User’s absence, the order may be returned to the warehouse. However, the courier will leave a notice explaining where the order is located and how to arrange for a new delivery.
If the User will not be at the delivery address during the agreed timeframe, they must contact Nails Dulce to reschedule the delivery for another day.
If 30 days have passed since the order was made available for delivery and it has not been delivered for reasons not attributable to Nails Dulce, Nails Dulce will consider that the User wishes to withdraw from the contract, and the contract will be deemed resolved. As a result, all payments received from the User will be refunded, except for any additional costs resulting from the User’s choice of a delivery method other than the least expensive standard delivery option available on the Website. The refund will be made without undue delay, and in any case, within a maximum of 14 calendar days from the date the contract is considered resolved.
However, the User should be aware that any costs related to the return shipment may be charged to them.
For the purposes of these Conditions, it will be understood that delivery has occurred when the User or a third party designated by the User takes physical possession of the products, which will be evidenced by the signing of the receipt of the order at the agreed delivery address.
The risk of the products will be transferred to the User from the moment of delivery. The User will acquire ownership of the products when Nails Dulce receives full payment of all amounts due in relation to the purchase or acquisition, including shipping costs, or at the time of delivery, if it occurs after the full payment has been received by Nails Dulce.
In accordance with Law 37/1992, of December 28, on Value Added Tax (VAT), orders for delivery and/or provision will be understood as located within the Spanish VAT territory if the delivery address is in Spain, excluding the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the one legally in force at the time, depending on the specific article in question.
In this regard, and in accordance with Chapter I of Title V of Council Directive 2006/112/EC of November 28, 2006, on the common VAT system, purchase orders will be considered, for delivery and/or provision, as located in the Member State of the European Union where the delivery address is located, and therefore, the VAT applicable will be the one in force in that Member State.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that if they detect an error when entering the data necessary to process their purchase request on the Website, they can modify them by contacting Nails Dulce through the contact spaces available on the Website, and if applicable, through the customer service contact options, and/or using the contact details provided in Clause One (General Information). Additionally, this information could also be corrected by the User through their personal connection space on the Website.In any case, before clicking “Buy now,” the User has access to the space, cart, or basket where their purchase requests are listed, and they can make modifications.
The User is also encouraged to consult the Legal Notice and General Terms of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right to rectification, as established in Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016, regarding the protection of individuals concerning the processing of personal data and the free movement of such data (GDPR) and in Organic Law 3/2018, of December 5, on Personal Data Protection and the guarantee of digital rights.
8. RETURNS
If the User purchases products on or through the Website, they have certain rights as described below:
Right of Withdrawal As a consumer, the User has the right to withdraw from the purchase within 14 calendar days without providing any reason.
This withdrawal period will expire 14 calendar days from the day the User or a third party authorized by the User (other than the carrier) takes possession of the goods purchased on the Website, or, if the goods delivered are separate items, 14 calendar days from the day the User or a third party authorized by the User takes possession of the last item of the order. In the case of services, the withdrawal period will expire 14 calendar days from the day the contract is concluded.
To exercise this right of withdrawal, the User must notify Nails Dulce of their decision. This can be done via the contact sections available on the Website.
The User must clearly and unequivocally express their intention to withdraw from the contract. Although the User can use the model withdrawal form provided by Nails Dulce (attached to these Terms), its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for the communication expressing the decision to withdraw to be sent before the expiration of the corresponding period.
In the event of withdrawal, Nails Dulce will reimburse the User for all payments received, including shipping costs (except for any additional costs resulting from the User’s choice of a delivery method other than the least expensive standard delivery option offered on the Website) without undue delay, and in any case, within 14 calendar days from the date Nails Dulce is informed of the User’s decision to withdraw.
Nails Dulce will reimburse the User using the same payment method the User used for the initial purchase transaction. This reimbursement will not incur any additional cost to the User. However, Nails Dulce may withhold the reimbursement until the goods have been returned or until the User provides proof of return, whichever occurs first.
The User must return or send the goods to Nails Dulce at: Bulwer Court Road 46 E11 1DB London
The User must return the goods without undue delay and, in any case, within 14 calendar days from the date Nails Dulce was informed of the decision to withdraw.
The User acknowledges that they must bear the direct cost of returning the goods (shipping, delivery). Additionally, they will be responsible for any decrease in value of the products resulting from handling them beyond what is necessary to establish their nature, characteristics, and functioning.
The User acknowledges that exceptions to the right of withdrawal apply as stated in Article 103 of Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other related laws. Examples of such exceptions include: personalized products, products that may deteriorate or expire rapidly, CDs/DVDs of music or video without their original packaging, products that are sealed for hygiene or health reasons and have been unsealed after delivery, and the supply of digital content without a physical medium.
Similarly, for services contracted on the Website, the Law establishes that the User will not have the right of withdrawal if the service has been fully performed or if performance has begun with the express consent of the consumer and their acknowledgment that, once the service has been fully performed by Nails Dulce, the right of withdrawal will no longer apply.
In any case, no refund will be made if the product has been used beyond the mere opening, is not in the same condition as when delivered, or has been damaged after delivery.
Additionally, the products should be returned in their original packaging, including instructions and any accompanying documents, as well as a copy of the purchase invoice.
A model withdrawal form can be downloaded here:
Return of Defective Products or Shipping Errors This applies to cases where the User believes that, at the time of delivery, the product does not conform to what was agreed upon in the contract or order. In such cases, the User should immediately contact Nails Dulce and notify them of the issue (defect/error) using the contact details provided in the section above (Right of Withdrawal).
The User will be informed on how to proceed with the return of the products, and once returned, the products will be examined. The User will be informed within a reasonable period whether a refund or replacement will be issued.
The refund or replacement of the product will be processed as soon as possible and, in any case, within 14 days of sending an email confirming that the refund or replacement of the non-conforming product is authorized.
The amount paid for any products returned due to a defect, when such a defect is confirmed, will be fully refunded, including delivery costs and any costs incurred by the User to return the product. The refund will be made via the same payment method the User used to pay for the purchase.
In any case, the User’s rights as defined by applicable law will always be respected.
Warranties The User, as a consumer, enjoys warranties on products purchased through this Website, in accordance with the legally established terms for each type of product. Nails Dulce is responsible for the lack of conformity of the products, which manifests within a period of three years from the delivery of the product.
In this sense, products are considered compliant with the contract if: they match the description provided by Nails Dulce, possess the qualities presented, are fit for the uses for which products of that type are ordinarily intended, and meet the quality and performance expected from a product of the same type. When this is not the case for the products delivered to the User, the User must follow the instructions in the “Return of Defective Products or Shipping Errors” section. However, some products sold on the Website may have non-homogeneous characteristics as a result of the materials used, and these will form part of the individual appearance of the product, not considered a defect.
Additionally, if the User purchases a product on the Website that is manufactured or branded by a third party, and they consider it defective, they can contact the manufacturer or brand directly to inquire about how to exercise their legal warranty rights during the three years following the product’s delivery. The User must retain all relevant warranty information.
