Terms and conditions of use

by ritualnail.com

These Terms govern

  • the use of this Application and
  • any other Agreement or legal relationship with the Holder

in a binding manner. Capitalised expressions are defined in the relevant section of this document.


The User is requested to read this document carefully.

The entity responsible for this Application is:

RITUAL NAIL
Via Padova 33, Rome 00161

Holder's email address: info@ritualnail.com

Need to know at a glance

  • The right of withdrawal only applies to European consumers.
  • Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each clause concerned. If not mentioned, the clauses shall apply to all Users.

CONDITIONS OF USE

Unless otherwise specified, the conditions of use of this Application set out in this section apply generally.

Further conditions of use or access applicable in particular situations are expressly indicated in this document.

By using this Application, the User declares that he meets the following requirements:

  • There are no restrictions on Users with respect to whether they are Consumers or Professional Users;

Registration

In order to use the Service, the User can open an account by providing all the data and information requested in a complete and truthful manner.
You can also use the Service without registering or creating an account. In this case, however, certain functions may not be available.

It is the Users' responsibility to keep their access credentials secure and confidential. To this end, Users must choose a password that corresponds to the highest level of security available on this Application.

By creating an account, the User agrees to be fully responsible for any and all activities that occur under his/her access credentials.
Users are required to inform the Controller immediately and unequivocally via the contact details set out in this document if they believe that their personal information, such as User account, access credentials or personal data, has been hacked, unlawfully disclosed or stolen.

Registration requirements

The registration of a User account on this Application is subject to the conditions specified below. By registering an account, the User confirms that he or she meets these conditions.

  • The opening of accounts by bots or other automated means is not permitted.
  • Unless otherwise specified, each User may only create one account.
  • Except where expressly permitted, a User's account may not be shared with other persons.

Account closure

You are free to close your account and cease using the Service at any time by following this procedure:

  • Using the account closure tools available on this Application.
  • By contacting the Controller at the contact details in this document.

Suspension and deletion of account

The Owner reserves the right to suspend or delete a User's account at any time at its discretion and without prior notice if it considers it inappropriate, offensive or contrary to these Terms.

Suspension or deletion of the account does not give the User any right to compensation, refund or indemnity.

Suspension or deletion of an account for reasons attributable to the User shall not release the User from payment of any applicable fees or prices.

Content on this application

Unless otherwise specified or clearly recognisable, all the contents available on this Application are the property of or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on this Application does not violate applicable legislation or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, without prejudice to the rights and claims that may be legally exercised, Users are requested to address their complaints to the contact details specified in this document.

Rights to the contents of this Application

The Owner holds and expressly reserves all intellectual property rights over the aforementioned content.

Users are not authorised to use the contents in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on this Application, or allowing third parties to undertake such activities through their User account or device, even without their knowledge.

Where expressly indicated on this Application, the User is authorised to download, copy and/or share certain content available on this Application exclusively for personal and non-commercial purposes and on the condition that the attribution of the paternity of the work is observed, as well as the indication of any other relevant circumstance required by the Owner.

The limitations and exclusions provided for by copyright law remain unaffected.

Access to external resources

Through this Application the Users may have access to resources provided by third parties. The Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the third parties themselves and governed by the relevant terms and conditions or, in their absence, by law.

Permitted use

This Application and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and applicable law.

It is the exclusive responsibility of the User to ensure that the use of this Application and/or the Service does not violate the law, regulations or rights of third parties.

Therefore, the Owner reserves the right to adopt all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Application or the Service, terminate contracts, report any censurable activity carried out through this Application or the Service to the competent authorities - e.g. the judicial or administrative authorities - whenever the User carries out or is suspected of carrying out such activity:

  • violations of laws, regulations and/or the Terms;
  • infringement of the rights of third parties;
  • acts which may considerably prejudice the legitimate interests of the Controller;
  • offences against the Controller or a third party.

Conditions of use of the API

Users may access their data relating to this Application through the Application Program Interface (API). Any use of the API, including through third party products or services that access this Application, is subject to the Terms and in addition to the following specific conditions:

  • The User expressly acknowledges and agrees that the Data Controller shall not be liable for any damage or loss resulting from the User's use of the API or third party products or services that access data through the API.

TERMS AND CONDITIONS OF SALE

Paid-for products

Some of the Products offered on this Application as part of the service are subject to payment.

The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Application.

Product description

Prices, descriptions and availability of Products are specified in the respective sections of this Application and are subject to change without notice.

Although the Products on this Application are presented with the greatest possible technical accuracy, the representation on this Application by any means (including, as the case may be, graphic materials, images, colours, sounds) is intended as a mere reference and does not imply any guarantee as to the characteristics of the Product purchased.

The characteristics of the selected Product will be specified during the purchase process.

Purchasing procedure

Each step, from choosing the product to placing the order, is part of the purchasing process.

The purchase procedure includes the following steps:

  • Users are kindly requested to choose the desired Product and verify their purchase choice.
  • After checking the information visible in the purchase choice, Users can place their order by submitting it.

Sending the order

Sending the order entails the following:

  • The sending of the order by the user determines the conclusion of the contract and gives rise to the obligation on the part of the user to pay the price, taxes and any additional charges and expenses, as specified on the order page.
  • If the purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the placing of the order also constitutes an obligation for the User to cooperate accordingly.
  • Once the order has been placed, Users will be sent a confirmation of receipt of their order.

All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.

Prices

During the purchase process and prior to placing an order, Users are duly informed of all commissions, fees and costs (including any shipping costs) that will be charged to them.

Prices on this Application:

  • depending on the section the User is consulting include all applicable fees, taxes and costs or are shown net of applicable fees, taxes and costs.

Means of payment

Details of the accepted means of payment are highlighted during the purchase process.

Some means of payment are subject to further conditions or involve additional costs. Detailed information can be found in the relevant section of this Application.

All payments are handled independently by third party services. Therefore, this Application does not collect payment data - such as credit card numbers - but receives a notification once the payment has been successfully completed.

In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Holder is not obliged to execute the order. Any costs or fees resulting from the failed or rejected payment shall be borne by the User.

Property reserve

Until payment of the full purchase price has been received by the Holder, the User does not acquire ownership of the Products ordered.

Delivery

Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.

At the time of delivery, Users must check the contents of the package and promptly report any anomalies to the contact details given in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.

Delivery may take place in the countries or territories specified in the relevant section of this Application.

Delivery times are indicated on this Application or during the purchase process.

Failure to deliver

The Controller shall not be liable in any way for any delivery errors arising from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter has been appointed by the User.

In the event that the goods are not delivered or collected at the agreed time or within the agreed period, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further action.

Unless otherwise specified, each delivery attempt from the second onwards shall be at the expense of the User.

User rights

Right of withdrawal

Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (normally 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.

Who has the right of withdrawal

Unless one of the exceptions listed below applies, Users acting as European Consumers are legally entitled to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without need for justification.

Users who do not meet these requirements do not enjoy the rights described in this section.

Exercise of the right of withdrawal

In order to exercise the right of withdrawal, the User must send the Controller an unequivocal communication of his intention to withdraw from the contract.

For this purpose, the User may use the standard withdrawal form available in the definitions section of this document. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the declaration of withdrawal before the withdrawal period expires.

When does the withdrawal period expire?

  • In the case of the purchase of goods, the withdrawal period expires after 14 days from the day on which you or a third party - appointed by you and other than the carrier - takes possession of the goods.

  • In the case of thepurchase of several goods ordered together but delivered separately or in the case of the purchase of a single good consisting of several lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by the User and different from the courier - takes possession of the last of the goods, lots or pieces.

Effects of withdrawal

The Holder shall reimburse all payments received including, if made, those relating to delivery costs to Users who have correctly exercised their right of withdrawal.

However, the higher cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Controller shall be borne by the User.

The refund shall be made without undue delay and in any event within 14 days of the day on which the Holder was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund shall be made using the same means of payment as was used for the initial transaction. The User shall not incur any costs as a consequence of the withdrawal.

... on contracts for the purchase of tangible goods

Unless the Controller has offered to collect the goods, the User shall return them to the Controller or another person authorised by the Controller to receive them without undue delay and in any event within 14 days of the day on which the User has notified the Controller of his intention to withdraw from the contract.

The deadline is met if the delivery of the goods to the courier or other authorised person takes place before the expiry of the 14-day period described above. Refunds may be withheld until we have received the goods or until you have provided proof of return.

The User shall be liable for any decrease in the value of the goods resulting from any use of the goods other than that necessary to establish their nature, characteristics and functioning.

TheUser is responsible for the shipping costs of the return.

Legal warranty of conformity of the Product

According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years after delivery. Therefore, the seller must ensure that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the time of delivery to the buyer.

If the Users act as European consumers, the legal guarantee of conformity of the goods applies to the articles available on this Application in accordance with the laws of the country in which they usually reside.

The national laws of that country may grant such Users more extensive rights.

Consumers who are not acting as European Consumers may have conformity warranty rights under the laws of the country in which they usually reside.

Limitation of liability and indemnity

Australian users

Limitation of liability

Nothing in these Terms shall exclude, limit or modify any warranty, condition, indemnity, right or remedy which you may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory legislation and which constitutes a right which cannot in any way be excluded, limited or modified (non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for the infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the option of the Owner, to the re-provision of the services or payment of the cost of re-provision of the services.

US users

Exclusion of warranty

The Owner provides this Application "as is" and according to availability. Use of the Service is at the User's own risk. To the fullest extent permitted by law, the Owner expressly excludes conditions, covenants and warranties of any kind, whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly set forth herein.

Notwithstanding the foregoing, Owner and its subordinates, affiliates, officers, agents, trademark holders, partners, suppliers, and employees do not warrant that the content will be accurate, reliable, or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk, and you are solely responsible for any damage to your computer system or mobile device or loss of data resulting from such download or use of the Service by you.

The Owner does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service hyperlinked to it. In addition, the Owner does not participate in or in any way monitor any transactions between Users and third party providers of products or services.

The Service may become inaccessible or not function properly with the User's browser, device and/or operating system. The Owner cannot be held liable for any damage, whether perceived or actual, arising from the content, operation or use of the Service.

Federal laws, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives you specific legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions in this Agreement apply to the extent permitted by law.

Limitation of liability

To the fullest extent permitted by applicable law, in no event shall the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers and employees be liable for

  • any indirect, intentional, collateral, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of or inability to use the Service; and
  • any damage, loss or injury resulting from hacking, tampering or other unauthorised access to or use of the Service or your User account or the information contained therein;
  • any errors, omissions or inaccuracies in the contents;
  • personal injury or property damage of any kind resulting from the User's access to or use of the Service;
  • any unauthorised access to the Data Controller's security servers and/or any personal information stored therein
  • any interruption or cessation of transmissions to or from the Service;
  • any bugs, viruses, trojans or similar that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
  • the defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers and employees be liable for any claim, proceeding, liability, obligation, damage, loss or cost in an amount greater than the amount paid by the User to the Owner during the preceding 12 months, or for the term of this Agreement between the Owner and the User, whichever is shorter.

This section on limitation of liability shall apply to the maximum extent permitted by law in the applicable jurisdiction, whether the alleged liability arises in contract, tort, negligence, strict liability or any other basis, even if the Owner has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights and you may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms do not apply beyond the limits of applicable law.

Indemnity

The User agrees to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, charges or debts and expenses, including, without limitation, legal fees and expenses arising from

  • the use of or access to the Service by the User, including any data or content transmitted or received by the User;
  • breach of these Terms by the User, including but not limited to any breach by the User of any representation or warranty in these Terms;
  • infringement by the User of any rights of third parties, including, but not limited to, any rights relating to privacy or intellectual property;
  • violation by the User of any applicable law, rule or regulation
  • any content sent from the User's account, including, but not limited to, misleading, false or inaccurate information, and including when accessed by third parties using the User's personal username and password or other security measures, if any;
  • wilful misconduct of the User; or
  • the violation of any legal provision by the User or its affiliates, officers, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law

Common provisions

No implied waiver

The Owner's failure to exercise any legal right or claim arising from these Terms shall not constitute a waiver thereof. No waiver shall be deemed conclusive in respect of a specific right or any other right.

Interruption of Service

In order to guarantee the best possible level of service, the Data Controller reserves the right to interrupt the Service for maintenance purposes, system updates or any other change, giving appropriate notice to Users.

Within the limits of the law, the Data Controller reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Data Controller will ensure that Users can retrieve their Personal Data and information in accordance with the provisions of the law.

In addition, the Service may not be available for reasons beyond the Owner's reasonable control, such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.).

Resale Service

The Users are not authorised to reproduce, duplicate, copy, sell, resell or exploit this Application or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale programme.

Privacy policy

Information on the processing of Personal Data is contained in the privacy policy of this Application.

Intellectual Property

Without prejudice to any more specific provisions contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Application are held exclusively by the Owner or its licensors and are protected under the legislation and international treaties applicable to intellectual property.

All trademarks - whether denominative or figurative - and all other distinctive signs, companies, service marks, illustrations, images or logos that appear in connection with this Application are and remain the exclusive property of the Owner or its licensors and are protected under the legislation and international treaties applicable to intellectual property.

Changes to the Terms

The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to Users.

The changes will only affect the relationship with the User for the future.

Your continued use of the Service constitutes your acceptance of the updated Terms. If you do not wish to accept the changes, you must cease using the Service. Failure to accept the updated Terms may result in either party withdrawing from the Agreement.

The previous applicable version continues to govern the relationship until acceptance by the User. This version may be requested from the Controller.

If required by applicable law, the Owner will specify the date by which the changes to the Terms will take effect.

Assignment of contract

The Holder reserves the right to transfer, assign, dispose of, novate or contract out any or all rights and obligations under these Terms, having regard to the legitimate interests of the Users.

The provisions relating to the amendment of these Terms shall apply.

The User is not authorised to assign or transfer its rights and obligations under the Terms without the written consent of the Owner.

Contact

All communications relating to the use of this Application must be sent to the addresses indicated in this document.

Safeguard clause

Should any of the provisions of these Terms be or become invalid or ineffective under applicable law, the invalidity or ineffectiveness of such provision shall not cause the invalidity of the remaining provisions, which shall therefore remain valid and effective.

US users

Any invalid or ineffective provision shall be interpreted and adapted to the extent necessary to make it valid, effective and in accordance with its original purpose.
These Terms constitute the entire agreement between User and Owner with respect to the subject matter hereof and supersede all other communications, including any prior agreements, between the parties with respect to the subject matter hereof.
These Terms shall be enforced to the fullest extent permitted by law.

European users

If any provision of these Terms should be or become void, invalid or unenforceable, the parties shall endeavour to find an amicable substitute for the void, invalid or unenforceable provision.
In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the void, invalid or ineffective provision shall be replaced by the applicable legal provision.

Notwithstanding the foregoing, the invalidity, invalidity or ineffectiveness of a specific provision of these Terms shall not render the whole Agreement invalid unless the invalid, invalid or ineffective provision under the Agreement is essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an unreasonable and unacceptable burden on one of the parties.

Applicable law

The Terms are governed by the law of the place where the Holder is established, as set out in the relevant section of this document regardless of conflict of law rules.

Exception for European consumers

However, notwithstanding the foregoing, if the User acts as a European Consumer and is ordinarily resident in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.

Place of jurisdiction

The exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall lie with the courts of the place where the Holder is established, as set out in the relevant section of this document.

Exception for European consumers

The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.

Dispute resolution

Amicable settlement of disputes

Users may report any disputes to the Controller, who will endeavour to resolve them amicably.

Without prejudice to the Users' right to take legal action, in the event of disputes relating to the use of this Application or the Service, Users are requested to contact the Data Controller at the addresses indicated in this document.

The User may address a complaint to the Controller's email address set out in this document, including a brief description and, where appropriate, details of the order, purchase or account concerned.

The Controller will process the request without undue delay and within 21 days of receipt.

Consumer Dispute Resolution Platform

The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service contracts.

Therefore, any European consumer may use this platform to resolve any dispute arising from contracts concluded online. The platform is available here.

Definitions and legal references

This Application(s)

The structure enabling the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User governed by the Terms.

Commercial user

Any User who does not meet the definition of a Consumer.

European (or Europe)

Defines a User physically present or legally established in the European Union, regardless of nationality.

Standard withdrawal form

Addressed to:

RITUAL NAIL Via Padova 33, Rome 00161
info@ritualnail.com

I/We hereby give notice of withdrawal from my/our contract of sale of the following goods/services:

_____________________________________________ (enter here a description of the goods/services from which you intend to withdraw)

  • Ordered on: _____________________________________________ (insert date)
  • Received on: _____________________________________________ (insert date)
  • Nome del/dei consumatore/i:_____________________________________________
  • Indirizzo del/dei consumatore/i:_____________________________________________
  • Data: _____________________________________________

(sign only if this form is notified in paper version)

Owner (or We)

Means the natural or legal person who provides this Application and/or offers the Service to Users.

Product

A good or service that can be purchased through this Application, such as a tangible good, digital files, software, reservation services, etc.

The sale of a Product may be part of the Service as defined above.

Service

The service offered through this Application as described in the Terms and on this Application.

Terms

All the conditions applicable to the use of this Application and/or the provision of the Service as described in this document as well as in any other document or agreement linked to it, in their respectively most updated version.

User (or You)

Indicates any natural person using this Application.

Consumer

Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his or her entrepreneurial, commercial, craft or professional activity.

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