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Terms and Conditions for your use of and sales to you through www.nailrock.com
General
Who we are
www.nailrock.com (“the Website”) is owned and operated by Nail Rock London Ltd. (in these Terms and Conditions referred to as “we”, “our” or “us”).
Our company details are:
Registered office address:
67 Maltings Place, 169 Tower Bridge Road, London SE1 3LJ
Contact Details
If you need to contact us about the Terms and Conditions or any other aspect of the Website or our products and services please do so between 09:00-17:00 GMT Monday to Friday in one of the following ways:
Phone: +44 (0)20 7407 1300
Email: info@rockbeautylondon.com
Post: 67 Maltings Place, 169 Tower Bridge Road, London SE1 3LJ
Modification
We reserve the right to change any part of the Terms and Conditions without notice and your continued use of the Website will be deemed as acceptance of any changes. We advise you to regularly check the Terms and Conditions of this agreement and to check them every time before placing an order through the Website.
We have complete and sole discretion to modify, suspend or remove any aspect of the Website, including but not limited to content (whether placed on the Website by us, you or a third party), features or availability, without warning or liability arising from such action.
Children
We do not sell to any person under the age of 18 and nobody under the age of 18 should open an account. We cannot, however, carry out checks on age and our products may be used by under 18s under the supervision of a parent or guardian if bought by an over 18.
If you are under the age of 18 and decide to open an account or otherwise use the Website in breach of the Terms and Conditions then we will terminate your account as soon as we become aware of this breach.
Severance
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which the Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that particular term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining Terms and Conditions shall survive and continue to be binding and enforceable.
Governing law and jurisdiction
The Terms and Conditions will be governed by the laws of England and any user of the Website hereby agrees to be bound exclusively by the jurisdiction of English and Welsh courts without reference to rules governing choice of laws.
Your Use of the Website:
Acceptance of Terms and Conditions
By accessing, using or browsing the content of the Website you agree to be bound by the Terms and Conditions each and every time you use the Website. You also accept our Privacy Policy. If you object to any of the Terms and Conditions you should not use any of the products or services on the Website and leave immediately.
These Terms and Conditions may be changed by without notice. UK Law is applicable to these Terms and Conditions.
Opening an Account
In order to take full advantage of the Website, including placing orders, and for added services, you should open an account. If and when you open an account, you agree to (1) provide accurate, current, and complete information about yourself as requested in the appropriate registration form; and (2) maintain and update your information to keep it accurate, current, and complete. You may review, correct, change, or update your membership information by visiting the My Account section of the Website. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your account.
We will deal with any information you provide to us in accordance with our Privacy Policy. You are solely responsible for ensuring that your account information, including the password, are kept confidential and you accept responsibility for any action or posting that is done through your account. If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your account.
Please take care when publishing information on the Website and do not give away any sensitive personal information.
At any time we reserve the right to freeze or terminate your membership if, in our sole discretion, we believe you have acted in breach of the Terms and Conditions or the spirit of the Website generally. We may, but are under no obligation, to inform you of our intention to carry out such an act.
Material placed by you on the Website
We encourage you to interact with the Website by leaving your reviews and comments, if, and where, the Website allows you to do so. The use of the Website is only for lawful purposes and you must use it in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of this site by any third party or expose us to actual or potential legal action, negative publicity or reputational damage. Accordingly the type of material that you cannot place on the Website by any means includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person, the publication of material that infringes another person’s rights, including their right to privacy and their intellectual property rights, the transmission of obscene or offensive content or anything that may cause the interruption of the normal flow of use or dialogue within the Website. When placing material on the Website you confirm that it is your own original work and is in accordance with this clause. Any information you post will, subject to our Privacy Policy and be considered non-confidential and non-proprietary and you grant us an irrevocable licence to deal with it in any manner we choose without referring to you beforehand including but not limited to deleting it or copying, quoting or repeating it in any format (together with the name you use to place that information on the Website) whether for commercial or non-commercial purposes.
You agree that you shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the Website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas or sensitive information.
If you do breach any of the Terms and Conditions you agree to indemnify us and be fully responsible for any claim arising in any way, including but not limited to: (a) your use of the Site; (b) your breach or violation of these Terms of Use; (c) your dispute with another user; or (d) the unauthorised access to any password-protected area of the Site using your password., expense, liability, losses, costs including legal fees incurred by us or our officers, directors, employees, agents, licensees, successors and assigns. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
Intellectual Property
You acknowledge and agree that all content and materials available on the Site, including but not limited to the Rock Beauty London name and logos, are protected by intellectual property and other laws. Except as expressly authorised by us, any use, copy, reproduction, display, performance, modification or transmission is strictly prohibited. Notwithstanding the above, you may download one copy of the content and materials on the Site on any single computer for your personal non-commercial use, provided you do not: (a) modify or copy the materials; (b) use the materials for any commercial purpose or for any public display (commercial or non-commercial); (c) attempt to decompile or reverse engineer any software contained on the Site; (d) remove any copyright or other proprietary notations from the materials; (e) transfer the materials to another person; or (f) “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions.
Disclaimer of warranties
The Website, including all content, functions, and information made available on or accessed through the Website, is provided on an “as is” basis without representations or warranties of any kind whatsoever, express or implied, including without limitation non-infringement, merchantability, or fitness for a particular purpose. The information on the Website does not constitute advice and should not be wholly relied upon to make any decision. We do not warrant that the Website or the functions, features or content contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to certain users.
Limitation of liability
In no event shall we be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or inability to use, the site or the content, materials and functions related thereto including but not limited to any loss of business, revenue, profits or data in relation to your use of the Website.
Nothing within these Terms and Conditions will operate to exclude any liability for death or personal injury arising as a result of negligence by us or our employees.
Defamation
You recognise and acknowledge that it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. We operate on a "notice and takedown" basis. If you believe that any part of the Website contains a defamatory statement, please notify us immediately. We do not confirm that notification will result in removal of the material complained of and the final decision is solely ours and you have no right of action against us for anything other than defamation if we disagree with your view.
Third Party Sites / Links
The Website may contain hyperlinks to websites operated by other parties. We are not responsible for the availability or content of any third party websites or material you access through the Website. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not endorse and are not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services). We are not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service. We disclaim all liability for any legal or other consequences (including for infringement of third party rights) of links made to the Website.
Links do not imply that we are affiliated or associated with any linked site, or are legally authorised to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any of our trade marks, trade names, logos or copyright symbols.
Sale of Products to you through the Website
Time of Contract
Any order you place through the Website represents an offer to us to purchase a product which is accepted by us when we send email confirmation to you that we've received your order, and including a contact name, the total price, an order/reference number and instructions of how to contact us (the "Confirmation Email"). The contract for sale between you and us is, therefore, formed at the time we send the Confirmation Email to you. Any products on the same order which we have not confirmed in a Confirmation Email do not form part of that contract.
Delivery
We aim to deliver your order to you in accordance with the Delivery Policy but offer no assurances or guarantees on time or date of delivery.
Orders placed over weekends, Bank Holidays and any day after 14.00 GMT will be treated as received by Nail Rock on the next working day. There is no dispatch or delivery on Bank Holidays, Saturdays and Sundays.
Any items that are currently sold out will have a clear message to that effect on each product page, and we will offer you the option of a notification email to let you know when new stock is available for purchase.
If for any reason, stock becomes sold out after your order is placed, we will aim to contact you soon after the order has been placed. We may offer alternative items or inform you of the date that we expect the missing item(s) to be back in stock.
In the event of delivery not being possible within 14 days (UK) of receiving the order, we will undertake to keep you informed of any changes and give you the option to cancel the order and receive full refund of monies paid. If you are not around to take delivery of your parcel, if too large for letterbox or the Signed For option is chosen, the carrier will leave a calling card telling you how you can pick it up.
Standard delivery prices vary depending on location of shipping address and choice of shipping. Charges are shown in the checkout.
Deliveries to UK addresses
Deliveries are dispatched by a nominated courier service of our choice. Typical delivery can be expected within 3 to 7 working days of placing an order. However, this is likely to increase to up to 7-14 working days during busy periods such as Christmas and New Year, or if there is reported difficulties with nationwide shipping. These delays could also apply to items using Signed For Special Express shipping (items that are delivered by the next working day if order received by 12.00 GMT).
Cancellations
7 Day Cooling Off Period*
Under the EU's Consumer Protection (Distance Selling) Regulations 2000, customers located in the European Union are entitled to a 7 day cooling off period i.e. the right to cancel the contract of purchase at any point from the time of ordering until seven working days, starting the day after delivery. Notification of the cancellation must be received in writing (this can include email) and the products returned to us. The sooner you return the items to us, the sooner we can process your cancellation **. These regulations dictate that we will refund the cost of the item(s) ordered and in addition to this the original dispatch charge where:
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- You are returning an item that was part of a larger order, we'll refund the per-item charge for delivery that you incurred
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- You are returning an entire order
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- If for any reason we have arranged to collect the goods from you, we reserve the right to recover the actual costs of collection from you.
*Please note this only applies to customers located with the European Union.
** Refunds will be made within 30 days of cancellation of the order.
It is not possible for us to be specific about availability. When the order is not in stock we will first find out an approximate delivery date, and post as much information as we are able to on the Website. In the instance that a Confirmation Email is sent and it is only discovered the item is out of stock, after the fact, you will then be contacted with this information and you will have the choice to either cancel your order with a full refund of any monies paid or you may choose to continue with your order.
When payment details are provided to us and payment is not made by yourself via our secure real time credit card transaction facility we will not process the payment until we know that the order is in stock.
Returns
We hope that you enjoy your products. Should you have any issues, please notify us in writing by email, within 28 days of receipt of your order to support@nailrock.com . This does not affect your statutory rights
Your email should contain all references that are on your receipt together with a full explanation of your reason for returning the goods. You should also advise us whether you’d like an alternative product/replacement or a refund (any returns received without prior notice may be delayed in being processed).
Nail Rock reserves the sole right of determining whether or not any request for return/refund made by the Customer should be accepted. Under no circumstances can any exchange/refund be entertained where the state or conditions complained of results directly or indirectly from the Customer’s action or inaction.
If you need to return your order, it should be packaged securely in the same packaging in which you received it, with your returns reference clearly displayed on the exterior. This will be supplied to you by the Customer Service team upon notification of your wish to return the items.
Our return address is:
Rock Beauty London
67 Maltings Place, 169 Tower Bridge Road, London SE1 3LJ
If you no longer have the original packaging, it is your responsibility to ensure that the goods arrive with us in their original condition. We reserve the right to refuse a refund/exchange for damages caused by insufficient packaging.
For reasons of hygiene, we are unable to offer exchanges or refunds on any opened product.
Vouchers are non-returnable and cannot be exchanged for cash. Nail Rock are not liable to cover costs of returned goods where the items are simply unwanted or no longer required*. We would recommend that you return your items via recorded delivery and/or obtain a proof of postage for your records in case the items should the item(s) become lost.
If you are returning an order which has qualified for a gift with purchase, the entire order, including any complimentary gifts will need to be returned.
Exchanges will be processed within 2 working days from the date the returned goods are received. Postage charges will be applied for any exchanges at the standard rate.
Where a refund is due, this will be processed in 2 working days from the date the returned goods are received, reflecting against your card with 7-10 working days.
*Unless the return has been made within the cooling off period
Credit Card Payments
We use secure webpages and offer the use of our secure real time credit card transaction server. We reserve the right to refuse to supply to individuals whose credentials cannot be verified, We will use our sole discretion in these matters and will not authorise payment or supply unless we are completely satisfied that the order is legitimate.
Receipt
The Confirmation Email will act as a receipt, we will be pleased to provide any additional documentation you may require.
Pricing
It is possible that a genuine mistake may cause some of our products to be mispriced. If the correct price is lower than that stated on the Website at the time of your order, we charge the lower amount and send you the product. If the correct price is higher than that stated on the Website then we will contact you for instructions before dispatch or cancel your order and notify you of such cancellation. All prices are inclusive of VAT unless stated otherwise.
Health and Safety
We work hard to ensure that all of our products comply with the relevant legal requirements. Any specific issues you may need to be aware of in relation to any product is explained on the packaging for that product. Please contact support@nailrock.com if you require further information. Once you have accepted the products then we shall have no liability whatever to the Customer in respect of those products other than for death or personal injury caused by our negligence or in relation to any statutory rights you may have that cannot be waived. You hereby agree to waive any statutory rights you may have that can be waived.
Complaints
Complaints about deliveries should be made initially by email to support@nailrock.com and will be acknowledged within 2-3 working days. Your complaint will be dealt with fairly and confidentially and we will keep you fully informed of progress.
Privacy Policy and Cookies
In order to maximise your use of the website www.nailrock.com, including buying products direct from us, it is necessary for us to collect personal information about you. We are committed to protecting your privacy when you are using our online services. To do this we have prepared this Privacy Policy. The Policy applies to all users of nailrock.com and any of our other sites which explicitly link to this Policy.
When you register with nailrock.com you are confirming that you accept the terms of this Policy and consent to our use of any personal information you provide in accordance with this Policy.
Why we collect your data?
By collecting your data, it allows us manage your account, fulfil orders and to deal with any queries you may have on your account. The data will also allow us to identify and communicate with you. It may also allow us to improve our services and provide targeted offers and emails that we think may interest you (see How We Use personal information).
What data do we collect?
We only collect the data we need to allow us to manage your www.nailrock.com account.
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When you register with Nail Rock, you will supply us with information such as your name, date of birth, telephone number, address and e-mail address.
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We will hold records of your purchases and e-mail correspondence.
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For the purposes of customer service and staff training, we may record and listen to telephone calls made to our customer service team.
You do not have to register or provide any personal information to use the www.nailrock.com website but you will not be able to make purchases or access restricted areas.
Data Protection Principles
Rock Beauty London complies with the principles of the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003. The eight principles relating to the processing of personal information are:
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Fairly and lawfully processed
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Processed for a limited time
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Adequate, relevant & not excessive
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Accurate
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Not kept longer than necessary
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Processed in accordance with your rights
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Secure
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Not transferred to countries without adequate protection
We will always follow these principles and ask you how you would like us to communicate with you. The Information Commissioner regulates compliance with the Data Protection Act.
Who is the Data Controller?
When you provide personal information to www.nailrock.com the data controller is Nail Rock London Ltd.
If another company is the data controller, this will be made clear when you provide your personal information.
How we use personal data
The data controller will use your information together with other information for the following purposes:
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Contacting you (including updating you on order status, sending your goods, sending newsletters and details of offers and promotions that we believe you will be interested in).
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Marketing and surveying (including improving the content, design and layout of www.nailrock.com and understanding the interests and buying behaviour of our customers).
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Credit scoring, anti-fraud checks and profiling your purchasing preferences.
In order to do this properly we will on occasion be required to disclose your information to our service providers and agents. This will be done only for these purposes and only the minimum amount of information necessary for them to perform the services will be provided.
Your personal information will be disclosed where we are obliged or permitted by law to do so.
We do not share your information with marketing companies or companies whose products or services we think may interest you.
Information That Should Not Be Provided By You
Please do not provide us with any information about another person. If you do this, you confirm that they have appointed you to act for them, to consent to the processing of their personal data, including sensitive personal data and to the transfer of their information abroad and to receive on their behalf any data protection notices and agree to indemnify Nail Rock in relation to any claims about information of this sort.
We ask that no information about anybody under the age of 16 submits personal information to us or uses this site without supervision of a parent or guardian.
Consent
By submitting a form with your personal information to us, you consent to:
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our processing your personal data for the above purposes; and
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our transferring your information to countries, which do not provide the same level of data protection as the UK if necessary for the above purposes. If we do make such a transfer, we will put a contract in place to ensure your information is protected.
When you give us your personal information, we will give you the opportunity to opt in to receive information by e-mail and will only send it to you if you do opt in or if you are an existing customer and the information relates to similar goods or services to those, which you have previously purchased from us. When we send you communications by email, we will give you the opportunity to opt out of receiving such communications from us. It is not our normal practice to send out marketing communications by post or telephone but if we do you will be able to opt out to receiving such communications from us. However, remember if you opt out of receiving communications from us, particularly by e-mail, that this will preclude you from receiving any of our special offers or promotions in future.
Cookies
When you visit our website, we may place one or more cookies on your computer. A cookie is a small file that can be placed on your computer's hard disk for record keeping purposes. Cookies may be used to compile anonymous statistics related to the take up or use of services, or to patterns of browsing. A third party collects such data on our behalf to measure web site performance.
Information collected is aggregated for reporting purposes. No personally identifiable information is collected by this service. The use of this service assists us in measuring and improving the structure and ease of use of our web sites
Cookies cannot be used by themselves to identify you and do not contain any personal or financial information. Through your computer settings you can delete cookies and are not obliged to accept them. However, if you disable cookies, many services on our websites may not be available to you.
Credit checks
If you apply for credit then to help us to make credit decisions about you, to prevent fraud, to check your identity and to prevent money laundering, we may search the files of credit reference agencies who will record any credit searches on your file. We may also disclose details of how you conduct your account to such agencies. The information will be used by other credit grantors for making credit decisions about you and the people with whom you are financially associated for fraud prevention, money laundering prevention and occasionally for tracing debtors.
Updating or deleting your personal information
When you register online with nailrock.com, you can see, review and change your personal information by logging onto the site and going to “My Account”. Please ensure you update your personal information if it changes or is inaccurate. Should you request that your account is closed and your personal information removed, please be assured that this will be done as soon as is reasonably possible. Personal information from closed accounts is retained in order to comply with legal obligations, prevent fraud, collect any fees owed, resolve disputes and troubleshoot problems etc, but always done within a legal framework.
When you request to be removed from further marketing offers, you will be added to a suppression list to ensure your request is complied with. All personal data is processed in line with the requirements of the Data Protection Act 1998 and The Privacy and Electronic Communications (EC Directive) Regulations 2003.
Notification of changes
If we decide to change our Privacy Policy, we will post those changes on our website.
Change of ownership
Our data records form part of the assets of our business. In the event Nail Rock's business assets are sold to or purchased by another company then your data will be passed to that business.
Contacting Us
If you would like to make an information request or contact us about this Privacy Policy or any other use of your personal information, or if you would like us to stop using your information in any way, please write to:
Data Protection Officer
Nail Rock London Ltd.
67 Maltings Place, 169 Tower Bridge Road, London SE1 3LJ
Tel: +44 (0)20 7407 1300 Fax: +44 (0)844 310 2340
