Terms and Conditions
Nail Expression
Website Terms and Conditions
1. Introduction
Please take a few minutes to familiarise yourself with our Terms and Conditions, which govern your use of our Website.
Your use of the Website indicates that you have agreed to the terms and conditions of use.
We reserve the right to modify the terms and conditions at any time, and as such, we request that you review the terms and conditions on a regular basis.
Should you choose not to accept the terms and conditions, you may not make use of this Website.
The content of this Website is protected by applicable copyright and trademark laws, and neither the Website, nor any of its content, may be copied, reproduced, republished, uploaded, posted distributed or transmitted in any manner or form.
Please note:
The products for sale on this Website are for delivery within the borders of South Africa only. For orders from other countries, please email us your request, and we will then be able to advise you of the freight, insurance and legal requirements which may be applicable to delivery to your location.
2. About Us
Established in 2003, Nail Expression provides high quality nail care products, as well as nail care training courses. We also offer specialist consultations to clients within the Pretoria area.
We trust that this Website will prove to be useful to our clients, and we look forward to being of assistance to you.
Our online shopping facility is provided and maintained by Octoplus Information Systems, and the online payment system is provided and maintained by PayGate.
3. Use of the Website
You may only use this Website in order to browse the content and make legitimate purchases. You may not use this Website for any other purposes, including, but not limited to making any speculative, fraudulent or false purchases.
Neither the Website, nor any of its content, may be copied, reproduced, republished, uploaded, posted, distributed or transmitted in any manner or form.
‘Deep-linking’, ‘embedding’ or using analogous terms is strictly prohibited. Any unauthorised use of the Website, or the materials contained with it, may violate any applicable laws regarding trademark, copyright, other intellectual property laws, or other applicable legislation.
4. Disclaimer of Warranty - Website Contents
Nail Expression, the author of the Website content, and any person or company connected with the Website (hereafter “The Providers”) assume no responsibility for errors and/or omissions in the contents of the Website. The Website is provided “as is”, without any form of warranty, whether implied or expressed. This includes, but is not limited to, warranties of merchantability, non-infringement, or fitness of purpose.
The Providers do not warrant, guarantee or make any representation regarding the accuracy, reliability, correctness, completeness or safety of the contents of this Website.
The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential loss or damages (including without limitation, loss of data, loss of profit or loss of revenue) caused as a result of the correct or incorrect usage, abuse, misuse, or the inability to use, the contents of the Website, even if the providers have been warned of the possibility of such damage or loss.
The Providers assume no obligation or responsibility for any such damages or losses.
The use of the contents of this Website is strictly forbidden in any place where the law does not allow this disclaimer to take full effect.
5. Disclaimer - Products
Neither Nail Expression, nor any of our affiliated companies, suppliers and/or licensors warrant or make any representations regarding the use and/or results of the use of the services, products or materials provided on this Website, in terms of correctness, accuracy, reliability or otherwise.
6. Our Rights
The Providers reserve the right to:
a) Change these conditions from time to time. Your continued usage of the Website (or any part thereof), following any change to the terms, constitutes acceptance of such changes. It is the customer’s responsibility to review the terms and conditions on a regular basis, in order to determine whether changes have been effected. Should you not agree to the changes made to the Terms and Conditions, you are required to cease all usage of the Website immediately, and/or
b) Modify or withdraw, either temporarily or permanently, the Website (or any part thereof), with or without notice to you and you confirm that we shall not be held liable to you or any third party for any withdrawal or modification of the Website.
We will use reasonable endeavours to ensure the Website is maintained. The Website is subject to change from time to time, and you shall not be eligible for any compensation due to failure, suspension or withdrawal of the Website (or part thereof), due to circumstances beyond our control, or because you cannot use the website for whatsoever reason.
7. Privacy Policy
Nail Expression values our clients, and therefore, we are committed to protecting your privacy when using our site.
Our privacy policy applies to all Web Pages related directly to our website. (The policy is not applicable to external websites, visited via a link from our Website).
Information collected through our online forms is used to personally identify users who are subscribed to this service as registered users.
The information collected will only be used as specified in these Terms and Conditions, and will not be sold or otherwise made available to any other party.
Information which may be collected includes, but is not limited to:
- The name of the internet service provider and IP (Internet Protocol) address through which you are accessing the site,
- The date and time of your visit to the site,
- Any pages you access whilst browsing the site,
- The internet address of the site which referred you to us.
We use the information collected to, amongst others:
- Improve the site,
- Analyse trends, and
- Administer the site.
The Privacy Policy may change from time to time, as a means of addressing new issues and changes to the contents of the site. Any changes will be posted on the site as part of the Terms and Conditions, and we will specify how such changes will affect the type of information gathered, how it will be used, and whether or not it will be disclosed to other parties.
It is your responsibility to review the Privacy Policy from time to time, in order to signify agreement to it. If you are not in agreement with the Privacy Policy, you may not continue using the website.
Your use of the website subsequent to any changes made to the Privacy Policy, signifies your acceptance of the amended Privacy Policy.
If you have any questions or concerns regarding the Privacy Policy, please send us an email and we will attend to these as soon as possible.
8. Privacy of Children
Nail Expression recognises that children may not be able to make mature decisions about the information available on our website, or comprehend all the provisions of the Terms and Conditions.
Nail Expression’s website is not targeted at children below the age of 16, and we will never knowingly collect or process identifiable information directly from them. We urge parents to participate in their children’s usage of the internet and other online services, and educate their children in respect of online safety and protection of personal information.
Please note:
If parents are concerned about the suitability of any of our products, or the content of our site, please do not hesitate to contact us.
9. Cookie/Tracking Technology
This website may utilise cookie and tracking technology in order to gather statistical data regarding browser types, operating systems, number of visitors to the site and information to understand how users and visitors use the site.
Personal information cannot be collected via cookie s or other tracking technology. If, however, you previously entered personally identifiable information, this may be linked to the cookie.
Aggregate cookie and tracking information may be shared with third parties, for statistical and analysis purposes.
10. Third Party Links
The Providers may provide links to external websites and/or resources, in order to provide increased value to our Users and Visitors.
By using the website, and/or links to other sites/resources, you acknowledge that the Providers accept no direct or indirect responsibility or liability for the content or privacy practices of these external sites. This includes, but is not limited to:
- Misrepresentative or defamatory content,
- Advertising,
- Products,
- Other services or products, on or available from such websites or resources.
The Providers furthermore accept no direct or indirect responsibility or liability for any damage, loss or offence caused or alleged to be caused, by or in connection with, the use or reliance on any such content, goods or services available on external sites or resources.
11. Purchase Policy
Items in the shopping cart do not constitute a sale agreement and/or an order to purchase. Nail Expression may remove an item from a shopping cart if no stock is available prior to the completion of the purchasing cycle, and you cannot hold Nail Expression liable if such product is not available at a later time of completion of the purchasing cycle.
An agreement of sale only comes into effect when:
- You submit a correctly completed electronic order for one or more items in your shopping cart, and,
- The Credit Card Payment has been authorised, or the payment is received in Nail Expression’s bank account.
12. Cancellation of Order
Nail Expression reserves the right, whether for purposes of preventing suspected fraud or otherwise, to refuse to accept, or process payment on, any order and/or to cancel any sale concluded between you and Nail Expression, in whole or in part, without giving any reasons. Nail Expression shall only be liable to refund monies already paid by you (see Nail Expression’s Refund Policy in this regard), and accepts no other liability which may arise as a result of such refusal to process any order/sale.
13. Delivery
Delivery of all items is done by courier, and is for the account of the customer (Delivery charges are included in the invoice, when the order is placed). Only street deliveries are allowed.
Deliveries are made to the street address specified by the customer during the check out process.
Delivery times
Items in stock: Delivery within 3 - 5 working days of the receipt of the order and payment.
Items not in stock: Delivery within 3 - 5 weeks of the receipt of the order and payment.
Should we be unable to effect your order, we reserve the right to inform you via email:
a) To advise you of a possible future date of delivery, or
b) To refund you for your purchase.
Risk of Loss
Once the courier company has accepted the shipment, the risk to the goods passes to the customer. It is the customer’s responsibility to inspect the goods on delivery, and inform the courier service provider within 7 days of any damage or loss to the contents of a parcel. Failure to inform the courier company of any damage or loss, within the 7 day period, exonerates the courier service provider of any further claim.
Nail Expression assumes no responsibility or liability for any items damaged or lost during transit, or for the customer’s failure to lodge a claim with the courier service provider.
14. Refunds/Returns Policy
Should you be unhappy with your order in anyway, please contact us within 7 days of receiving the order, to arrange for a return and/or refund.
Returns and refund will only be allowed as follows:
a) Goods correctly supplied, but received in a damaged or defective condition,
b) Goods correctly supplied, but do not meet your requirements.
Goods correctly supplied, but received in a damaged or defective state
You will be required to return the items to us. We will inspect the items, and will either replace the item, or refund you in full, including any transport costs incurred.
Goods correctly supplied, but do not meet your requirements
Goods which do not meet your requirements must be returned to us, unused and in the original packaging.
We will refund the full purchase price of the item only, less a 15% handling fee. Transport costs will not be refunded.
15. Payment Options
Payments are all effected in South African Rands (ZAR), and we accept Credit Card and EFT payments.
16. Security Policy
- PayGate processes all credit card transactions. All transactions are protected by 128-bit Secure Socket Layers (SSL) encryption. PayGate’s registration documents and the site’s registered domain name are checked and verified by Thawte, which ensures that PayGate cannot be impersonated in order to gain access to confidential information.
- PayGate is committed to providing secure online services. All encryption complies with international standards.
- Nail Expression do not have access to credit card details.
17. Monitoring
Nail Expression has the right, but not the obligation, to monitor any and all activity and/or content associated with our website. We may investigate any violation of the Terms and Conditions, or complaints and take any action we deem appropriate. This action may include, but is not limited to:
- Issuing warnings,
- Suspending access,
- Terminating access,
- Attaching conditions to future access, and/or
- Removing any materials from our website.
18. Jurisdiction
These Terms and Conditions are governed exclusively by the laws of South Africa. The courts of South Africa will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
