Terms of Sale

These Terms of Sale (the "Terms") govern every purchase of products (the "Products") from the website www.polinail.com (the "Website"), operated by Polinail (the "Seller", "we", "us"). By placing an order, you (the "Customer", "you") accept these Terms in full. Please read and save them before ordering.

1. Eligibility

You must be at least 18 years old and legally able to enter into a binding contract to place an order. By ordering, you represent that you meet these requirements and that all information you provide is accurate.

2. Products and information

Products are offered subject to availability. Photographs, colors, and descriptions are provided for illustration only and are not contractual; actual color may vary depending on your screen and manufacturing batches. We may modify, discontinue, or limit any Product at any time without notice.

3. Orders and acceptance

Your order is an offer to purchase. A confirmation email acknowledges receipt of your order but does not constitute acceptance. A binding contract is formed only when we ship the Product. We reserve the right to refuse, limit, or cancel any order, in whole or in part, at our sole discretion - including in cases of suspected fraud, resale, ordering irregularities, or pricing or typographical errors - and to limit quantities per customer or order.

4. Prices, taxes, and errors

Prices are stated in US dollars (USD) and are exclusive of any applicable sales or use tax, which is calculated and added at checkout where required. Prices may change at any time; the price applicable to your order is the one displayed at the time of purchase. In the event of an obvious pricing or typographical error, we may cancel the affected order even after confirmation and will refund any amount charged for it.

5. Payment

Accepted payment methods are shown at checkout (e.g., credit and debit cards, Apple Pay, Shop Pay, PayPal, Klarna). Payment is processed by third-party providers; we never store your full payment details. You authorize us and our providers to charge your selected payment method for the total order amount, including taxes and shipping. We may use fraud-screening tools and decline or cancel suspicious transactions.

6. Shipping, delivery, and risk of loss

Shipping options, costs, and estimated delivery times are shown before you confirm your order. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs, weather, or other events beyond our reasonable control. Title and risk of loss pass to you when the Products are handed to the carrier. You are responsible for providing a complete and accurate shipping address; orders lost or returned due to an incorrect address, or refused delivery, may be reshipped at your expense and are not eligible for a refund of shipping. Please refer to our Shipping Policy for details.

7. Returns, refunds, and no right of withdrawal

All sales are final. Because our Products are personal-care items, and to the fullest extent permitted by law, purchases are not subject to any statutory cooling-off period or right of withdrawal, and we do not accept returns or issue refunds for change of mind, buyer's remorse, or ordering the wrong item or color. Returns, replacements, and refunds are available only for Products that arrive defective, damaged in transit, or incorrect, strictly as set out in our Return, Refund and Cancellation Policy, which forms part of these Terms.

8. Product use and disclaimer

Our Products are cosmetic nail products intended for external use only by healthy adults. Read all instructions before use, perform a patch test, keep away from children, and discontinue use immediately if irritation, redness, or discomfort occurs. The selection, suitability, and use of the Products are your sole responsibility. We are not responsible for any reaction, injury, or damage resulting from misuse, allergy, or failure to follow instructions.

9. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Products and the Website are provided "as is" and "as available", and we disclaim all warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of certain implied warranties, so parts of this section may not apply to you; where an implied warranty cannot be disclaimed, it is limited to the shortest period permitted by law.

10. Limitation of liability

To the maximum extent permitted by applicable law, our total aggregate liability for any claim arising out of or relating to a Product or these Terms shall not exceed the amount you actually paid for the Product giving rise to the claim. In no event shall we be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, even if advised of the possibility of such damages.

11. Indemnification

You agree to indemnify, defend, and hold harmless Polinail and its officers, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the Products, or your violation of any law or third-party right.

12. Chargebacks

If you have any concern about an order, you agree to contact us first at contact@polinail.com to resolve it. Initiating a chargeback or payment dispute without first allowing us a reasonable opportunity to resolve the matter is a breach of these Terms. We reserve the right to contest wrongful chargebacks, provide transaction and delivery evidence, and recover related costs.

13. Force majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics, war, strikes, carrier or supplier failures, or governmental actions.

14. Intellectual property

All content and materials on the Website are owned by or licensed to Polinail and are protected by intellectual property laws. Any reproduction, distribution, or use without our prior written authorization is prohibited.

15. Dispute resolution - binding arbitration and class action waiver

Please read this section carefully; it affects your legal rights. Any dispute, claim, or controversy arising out of or relating to the Products or these Terms shall be resolved exclusively through final and binding arbitration on an individual basis, rather than in court, except that either party may bring an individual claim in small claims court. You and the Seller waive any right to a jury trial and any right to participate in a class, consolidated, or representative action. To the extent permitted by law, any claim must be brought within one (1) year after it arises.

16. Governing law

These Terms are governed by the laws applicable at the Seller's place of establishment, without regard to conflict-of-law rules, and, where mandatory consumer-protection laws of your place of residence apply, those laws apply only to the extent they cannot be waived.

17. General

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force. Our failure to enforce any right is not a waiver. We may assign these Terms; you may not. We may update these Terms at any time, and the version in force on the date of your order applies. These Terms constitute the entire agreement between you and us regarding your purchase and supersede any prior understanding.

18. Contact

Questions about these Terms? Email us at contact@polinail.com.