Terms and conditions
TERMS AND CONDITIONS
1.1 All orders for products and services at ccnails.shop (CC Nails, also referred as “website”) accepted by Cristina Costescu trading as “CC Nails”, including all subsequent transactions, even if we do not expressly refer to (especially in the case of orders made electronically or by telephone) are subject to the following terms and conditions. No other terms and conditions will apply to the supply of products and services, unless agreed in writing.
1.2 CC Nails is a supplier to business and individuals, which are referred to as “Customers”, for professional development and / or professional duties, in the course of a business. The products and / or services supplied by CC Nails are not for persons acting as consumers.
1.3 All descriptions and presentations of the products and services contained on the website or otherwise communicated to any customer of such products or services are approximate only and shall not form any part of the contract between CC Nails and the Customer. CC Nails is not liable to the Customer for any errors or omissions on the website or other product advertisement.
1.4 The advertising of products and services on the website is not an offer capable of acceptance; it merely constitutes an invitation by CC Nails for the Customer to make an offer to purchase products and services. CC Nails’ acceptance of the Customer’s order will take place when the pricing is confirmed, including any handling charges, freight charges and packaging costs, either by an invoice or a deposit confirmation letter.
1.5 Our confirmation in writing including these Terms and Conditions evidences the entire agreement and understanding between the parties with the respect to the subject matter of the contract. At the time of the conclusion of the contract, no other agreements are made. With the exception of CC Nails, our employees and agents are not entitled to accept differing agreements orally. For evidential purposes, all agreements in respect of performance of this agreement shall be made in writing.
1.6 We must receive payment for the total invoice sum written in the confirmation, at which point a contract will come into existence between CC Nails and the Customer, unless we have agreed otherwise in writing in advance.
Prices, Costs & Charges
2.1 The prices of the products and services are as set out on the website. CC Nails reserves the right to change prices without prior notice at any time. The prices of products and services can be found on the website and are transferred at the time of acceptance of an order as well as communicated in writing. CC Nails reserves the right to change prices at any time without prior notice.
2.2 All prices of products and services are exclusive VAT. CC Nails will add the VAT, where applicable, at the appropriate legal rate valid on the day of order acceptance.
2.3 Delivery costs apply per order, irrespective of the number of products ordered. The customer bears the costs of shipping: freight charges, customs fees and other charges incurred on delivery are valid at the time of delivery. The Customer’s delivery options, and the prices for them, will be calculated when placing the order. In the event that the prices of our own suppliers, freight charges and/or public fees should increase between the date the supply agreement was concluded and the date of delivery – and hence our expenses as well – we shall be authorized to increase our prices accordingly. In this case the customer will be notified of the new prices immediately.
2.4 For every payment by PayPal, CC Nails reserve the right to add a payment charge of 2.95 % of the total invoice sum that will be charged at CC Nails discretion.
3.1 CC Nails reserves the right to decline to trade with any Customer. CC Nails can decline the acceptance of an order, whether payment has been received or not, by phone or electronically within a reasonable time after receipt of the order. CC Nails may also revoke orders, which have already been accepted; this is effected by telephone or electronically within a reasonable time after confirmation of the order. If CC Nails rejects or revokes an order for which a payment has already been made, the Customer will be refunded the amount as quickly as possible and practicable.
3.2 CC Nails executes orders to the Customer’s requirements, but may provide substitute products when requested by the Customer. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will either be deferred to be fulfilled when CC Nails has available stock or be cancelled and the value of the goods is credited to the Customer account.
4.1 Payment can be made either in full or partly (deposits) or as payment in advance, by PayPal, by card, by bank transfer or in cash. Where a deposit is paid, a minimum amount of € 50 is required or the amount communicated by CC Nails. For orders below € 50, a full payment of the due amount is required, unless otherwise previously agreed with CC Nails.
4.2 Customers are responsible for all orders placed by their employees.
5.1 Subject to any cancellation, substitution or non-fulfilment of Customer’s orders in accordance with clause 3 (Ordering) and 4 (Payment), CC Nails will deliver the products specified in the Customer’s order. CC Nails will use third party delivery agents to deliver products to Customers.
5.2 We shall be entitled to partial deliveries if the partial delivery is usable for the Customer, the delivery of the remaining ordered goods is ensured and the Customer will not incur any substantial additional costs or additional costs (unless we are willing to accept these costs).
5.3 CC Nails will aim to deliver products in accordance with the times and dates for delivery quoted by CC Nails’ employees (‘Quoted Delivery Times’), but Quoted Delivery Times are approximate only and CC Nails shall not be liable for the consequences of any delay in delivery. The delivery period is not essential.
6.1 The Customer must inspect the products as soon as is reasonably possible after delivery or collection. The customer must specify within 3 days after the date of the delivery or pick-up (name of the batch number) and in writing in detail:
i. Any defect in the product that is apparent on reasonable examination. In this case CC Nails shall, at CC Nails’s discretion, replace the products or refund the purchase price. In any case, the Customer is obligated to refuse acceptance of packages in a damaged condition;
ii. Any shortfall in products delivered. In this case CC Nails shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products.
iii. Any delivery of products that does not correspond to the order. In this case, CC Nails will at its discretion replace the products or refund the purchase price.
6.2 If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. CC Nails’ record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.
6.3 In the case of a goods withdrawal from goodwill, we are entitled to charge a reimbursement fee of 15% of the returned goods value, at least € 15, at most € 250.
6.4 The remedies set out above are the Customer’s exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. CC Nails shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise costs arising from these circumstances.
Risk and Ownership
7.1 All goods delivered shall remain our property until the Customer has settled all existing payment obligations arising out of our business relationship.
7.2 Dispatch and transport shall be carried out in all cases at the Customer’s risk:
i. In the case of products to be delivered to the Customer’s property, risk of loss of or damage to the products shall pass to the Customer as soon as the goods have been handed over to the transport company.
ii. In the event that the Customer collects the goods himself or fetches them on his own behalf from a transport company, the risk of loss or damage will pass to the Customer at the moment of the takeover.
Warranties and Liability
8.1 CC Nails warrants that no product purchased from CC Nails is materially defective.
8.2 In the event of any such product being materially defective, and subject to the provisions of clause 6. (Complaint) surrounding defects apparent on delivery, CC Nails will (at its option) replace or repair the product or refund the purchase price.
8.3 These warranties shall not apply to any defect, which arises from improper storage or use, further failure to follow the product instructions.
8.4 The remedies set out in this clause 8 shall be the Customer’s sole remedies for any breach of warranty and in respect of the supply or non-supply of products.
8.5 The availability of the remedies set out in this clause 8 is subject to:
i. A claim being made in writing to CC Nails, prior to the return of any defective product, and within 7 days of the original date of delivery; and
ii. the Customer who returns the corresponding products – in this case only shipping costs in the amount of a comparable delivery from our CC Nails’ location to the Customer will be refunded – or disposed of, or making them available for collection by CC Nails, in accordance with CC Nails instructions and suitably packaged. In particular, for any returns, the Customer must obtain a returns number from CC Nails and quote this on all paperwork, and state the original invoice number in respect of the products and the nature of any claimed defect.
8.6 Where the Customer returns defective products otherwise than in accordance with these provisions, CC Nails may refuse such products and return them to the Customer at the cost of the Customer.
9.1 CC Nails shall not be under any liability for damages, losses (whether direct, indirect or consequential), expenses, liabilities, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the CC Nails consulting) whether or not due to its negligence or that of its employees, agents or sub-contractors.
9.2 CC Nails shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between CC Nails and the Customer, or of any order accepted by CC Nails; (ii) any duty of any kind imposed on CC Nails by law arising out of or in relation to the contract between CC Nails and the Customer or order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions.
Intellectual Property Right
10.1 The Customer acknowledges that CC Nails own the intellectual property rights on the website and that its whole or partial reproduction without CC Nail’s prior written consent is prohibited.
10.2 CC Nails does not warrant or give any assurance to the Customer that any products supplied do not infringe the intellectual property rights of any third party.
Data Protection and Customer Information
Law and Jurisdiction
12.1 The contract between CC Nails and the Customer, based on these terms and conditions, as applicable to each Customer order shall be governed by and interpreted in accordance with Irish Law and the Customer submits to the non-exclusive jurisdiction of the Irish courts, but CC Nails may enforce the contract in any court of competent jurisdiction.
12.2 If any part of these terms and conditions is found to be unenforceable by any court or competent authority or would be found to be unenforceable if it were interpreted or construed in a particular way, then it is the parties’ express intention that the relevant wording should be interpreted or construed in such a way as to avoid such a finding and that, in the event of such a finding, the remainder of the provision in question shall be interpreted or construed to give it full effect.