Terms of sale

GENERAL TERMS AND CONDITIONS OF SALE

ARTICLE 1 — PURPOSE

These General Terms and Conditions of Sale (hereinafter referred to as the “Terms and Conditions”) define the rights and obligations of VENUZA NAILS and any person making a purchase through the www.venuzanails.com website.

They govern, in particular, the terms and conditions relating to orders, payments, production, delivery, returns, refunds and, more generally, all contractual relationships between VENUZA NAILS and its customers.

These Terms and Conditions apply to all sales concluded through the VENUZA NAILS website, unless otherwise agreed in writing.

ARTICLE 2 — SELLER INFORMATION

The website www.venuzanails.com is operated by:

VENUZA NAILS

15 Rue des Chênes
46090 Espère
France

Email: contact.client@venuzanails.com

Website: www.venuzanails.com

VENUZA NAILS designs, manufactures and sells handmade Press-On Nails and related accessories.

ARTICLE 3 — SCOPE

These Terms and Conditions apply to every order placed on the VENUZA NAILS website, regardless of the customer's country of residence or delivery location, subject to any mandatory provisions applicable in the destination country where such provisions cannot be waived.

Every order constitutes full, complete and unconditional acceptance of these Terms and Conditions, the Returns and Refund Policy, the Privacy Policy and any other policy published on the website where applicable to the order.

No specific terms proposed by the customer shall prevail over these Terms and Conditions unless expressly accepted in writing by VENUZA NAILS.

ARTICLE 4 — DEFINITIONS

For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:

Customer: any individual or legal entity placing an order on the VENUZA NAILS website.

Order: any purchase request validated by the customer in accordance with the process provided on the website.

Products: all Press-On Nails, kits, accessories and other items sold by VENUZA NAILS.

Customised Products: any product made according to the customer's specifications, choices or requests, including with regard to size, shape, length, colour, finish, decoration or any other customisation.

Made-to-Measure Products: any product manufactured using specific measurements or information provided by the customer.

Website: the www.venuzanails.com website and its various pages and features.

ARTICLE 5 — ACCEPTANCE OF THE TERMS AND CONDITIONS

Before finalising an order, the customer acknowledges having read these Terms and Conditions.

Confirmation of the order constitutes full, complete and unconditional acceptance of:

  1. these Terms and Conditions;

  2. the Returns and Refund Policy;

  3. the Privacy Policy;

  4. and any other applicable policies published on the website.

The customer acknowledges that these documents constitute the entire agreement entered into with VENUZA NAILS regarding the order.

ARTICLE 6 — CAPACITY TO PLACE AN ORDER

The customer declares that they have the legal capacity required to enter into a sales contract in accordance with the laws applicable in their country of residence.

Where an order is placed on behalf of a legal entity, the person placing the order declares that they are authorised to legally bind that entity.

Orders placed by minors must be made under the responsibility and with the authorisation of their legal representative.

VENUZA NAILS reserves the right to request any information necessary to verify the capacity of the person placing the order where required.

ARTICLE 7 — AMENDMENTS TO THE TERMS AND CONDITIONS

VENUZA NAILS reserves the right to amend these Terms and Conditions at any time in order to reflect legislative, regulatory, technical or commercial developments.

The applicable Terms and Conditions are those in force on the date the order is confirmed.

Any subsequent amendment shall have no effect on orders that have already been definitively concluded, unless otherwise required by law.

ARTICLE 8 — PRODUCTS OFFERED FOR SALE

VENUZA NAILS designs, manufactures and sells handmade Press-On Nails and the accessories required for their use.

Products offered on the website include, in particular:

  1. Classic Kits;

  2. Custom Kits;

  3. All Sizes Kits;

  4. application and removal accessories;

  5. Sizing Kits;

  6. and any other creations offered in the online store.

The products sold may change at any time depending on collections, seasons or decisions made by VENUZA NAILS.

ARTICLE 9 — HANDMADE PRODUCTION

Each VENUZA NAILS creation is handmade in our workshop located in France.

Our Press-On Nails are not mass-produced.

Each nail tip is individually prepared, painted, decorated and inspected using professional-grade materials selected for their quality.

This entirely handmade production process gives each creation a unique character.

As a result, very slight differences may exist between different examples of the same design.

These natural variations are inherent to handmade production and do not constitute a manufacturing defect or lack of conformity.

ARTICLE 10 — MATERIALS USED

VENUZA NAILS uses exclusively materials intended for professional use.

Depending on the creation, products may be made using, in particular:

  1. professional nail tips;

  2. gel polish;

  3. UV/LED gels;

  4. builder gels;

  5. pigments;

  6. glitter;

  7. rhinestones;

  8. decorative elements;

  9. and other materials suitable for Nail Art creation.

The materials used may change in order to improve the quality, durability or aesthetic appearance of the creations, provided that such changes do not alter the essential characteristics of the product ordered.

ARTICLE 11 — PRODUCT CHARACTERISTICS

Photographs, videos, descriptions, dimensions and information displayed on the website are intended to represent the products as accurately as possible.

However, due to:

  1. handmade production;

  2. lighting conditions;

  3. photographic settings;

  4. screen display settings;

  5. differences in device resolution;

slight differences in colour, shine or visual appearance may occur.

Such differences do not constitute a lack of conformity.

ARTICLE 12 — CUSTOMISED AND MADE-TO-MEASURE PRODUCTS

A large proportion of the products offered by VENUZA NAILS are manufactured only after the order has been confirmed.

Products may be customised according to:

  1. size;

  2. shape;

  3. length;

  4. colours;

  5. finishes;

  6. decorations;

  7. options selected by the customer.

Customised products are made exclusively according to the information provided by the customer.

The customer is therefore responsible for carefully checking the accuracy of all information provided before confirming the order.

Any data-entry or selection error remains the sole responsibility of the customer.

ARTICLE 13 — PRODUCT AVAILABILITY

Products are offered subject to the availability of the materials required for their production.

In the event of an exceptional shortage of an essential component required to fulfil an order, VENUZA NAILS may:

  1. use a material of equivalent quality where such substitution does not alter the design or essential characteristics of the product; or

  2. contact the customer to propose an appropriate alternative solution.

If no suitable solution can be found, the relevant order may be cancelled and any amounts already paid will be refunded.

ARTICLE 14 — COLLECTION CHANGES

VENUZA NAILS reserves the right to modify, update, suspend or permanently remove any design, collection or product offered in the online store.

The removal of a product from the catalogue does not affect orders that have already been definitively confirmed.

ARTICLE 15 — REPRODUCTION OF DESIGNS

The photographs displayed on the website accurately illustrate the designs offered.

However, due to the handmade nature of each creation, absolutely identical reproduction is technically impossible.

VENUZA NAILS undertakes to reproduce the design ordered with the greatest possible care and in accordance with its intended design, while taking into account the inherent constraints of entirely handmade production.

Very slight variations in positioning, texture, thickness, relief or decoration do not constitute a lack of conformity.

ARTICLE 16 — HEALTH AND SAFETY PRECAUTIONS

Press-On Nails are intended for cosmetic use.

Each customer is responsible for ensuring that they have no known allergy to the materials, adhesives, glues or other products used during application.

In the event of irritation, skin reaction or unusual discomfort, customers are advised to remove the Press-On Nails immediately and, if necessary, consult a healthcare professional.

VENUZA NAILS cannot be held responsible for consequences resulting from:

  1. a pre-existing allergy;

  2. individual sensitivity;

  3. improper use;

  4. the use of products or accessories not supplied by VENUZA NAILS;

  5. failure to follow the instructions for use or maintenance.

ARTICLE 17 — CARE AND PRODUCT LIFESPAN

The lifespan of Press-On Nails depends in particular on:

  1. preparation of the natural nail;

  2. the application method used;

  3. daily activities;

  4. products handled;

  5. maintenance carried out by the customer.

No specific wear time can be guaranteed, as it depends on numerous factors beyond the control of VENUZA NAILS.

The customer acknowledges that Press-On Nails are reusable products when they are applied, removed and maintained in accordance with the recommendations provided, without such reusability being guaranteed in every situation.

ARTICLE 18 — ORDER

Any order placed on the VENUZA NAILS website constitutes an offer to purchase the products selected by the customer.

An order is considered final only after payment has been validated and the order has been confirmed by VENUZA NAILS.

VENUZA NAILS reserves the right to refuse, suspend or cancel any order in the cases provided for under these Terms and Conditions or where there is a legitimate reason to do so.

ARTICLE 19 — ORDER PROCESS

The customer freely selects the products they wish to purchase.

Before confirming the order, the customer is advised to carefully check:

  1. the selected design;

  2. the selected collection;

  3. the shape;

  4. the length;

  5. the sizes provided;

  6. the colours;

  7. the selected options;

  8. the quantities;

  9. the delivery address;

  10. the contact details.

Final confirmation of the order constitutes acceptance of all information entered by the customer.

Any data-entry error remains the sole responsibility of the customer.

ARTICLE 20 — ORDER CONFIRMATION

After payment has been validated, an order confirmation email will be sent to the customer at the email address provided when placing the order.

The customer is responsible for checking receipt of this email, including their spam or junk-mail folders.

Failure to receive an email for reasons beyond the control of VENUZA NAILS does not affect the validity of the order.

ARTICLE 21 — REFUSAL OR CANCELLATION OF AN ORDER BY VENUZA NAILS

VENUZA NAILS reserves the right to refuse or cancel any order for a legitimate reason, including in the event of:

  1. manifestly inaccurate or incomplete information;

  2. an incorrect or unusable delivery address;

  3. payment failure or suspected payment fraud;

  4. attempted fraud or identity theft;

  5. abusive, threatening, defamatory or inappropriate behaviour towards VENUZA NAILS;

  6. an order placed for the purpose of unauthorised resale;

  7. a previous unresolved dispute with the customer;

  8. exceptional unavailability of materials required for production;

  9. force majeure or circumstances beyond the control of VENUZA NAILS.

Where payment has already been collected and the order cannot be fulfilled, the relevant amount will be refunded using the payment method originally used, unless the law permits another solution.

ARTICLE 22 — ORDER MODIFICATIONS

Any request to modify an order must be submitted to VENUZA NAILS as soon as possible after the order has been confirmed.

A modification can only be accepted if production has not yet begun.

Once production has started, VENUZA NAILS may refuse any modification relating in particular to:

  1. the design;

  2. the shape;

  3. the length;

  4. the size;

  5. the colours;

  6. the decorations;

  7. the selected options.

Accepted modification requests may result in an additional production delay.

ARTICLE 23 — ORDER CANCELLATION

Any cancellation request is subject to the conditions set out in the Returns and Refund Policy.

For customised or made-to-measure products, cancellation may be refused once production has begun.

For non-customised products, VENUZA NAILS will review each request individually depending on the stage of order preparation.

ARTICLE 24 — PRICES

Prices displayed on the website are shown in the currency selected by the customer while browsing.

Shipping costs, taxes, customs duties or any other applicable charges are specified before final confirmation of the order whenever such information is known.

Prices may be changed at any time.

However, products are invoiced based on the price in effect at the time the order is confirmed.

ARTICLE 25 — TAXES, CUSTOMS DUTIES AND IMPORTATION

Orders shipped outside France may be subject to customs duties, import taxes, administrative fees or other charges imposed by the authorities of the destination country.

Any such charges remain solely the responsibility of the customer.

Customers are responsible for checking with the relevant authorities in their country before placing an order.

VENUZA NAILS cannot be held responsible for additional charges imposed by the customs or tax authorities of the destination country.

ARTICLE 26 — PAYMENT

Payment is due in full when the order is confirmed.

The payment methods available are those displayed on the website at the time the order is placed.

The order will only be processed after payment authorisation has been confirmed.

If payment is declined by the customer's bank or payment provider, the order will automatically be suspended or cancelled.

ARTICLE 27 — FRAUD PREVENTION

In order to ensure transaction security, VENUZA NAILS reserves the right to carry out any necessary verification before accepting an order.

For this purpose, VENUZA NAILS may request documents or information necessary to confirm:

  1. the customer's identity;

  2. the billing address;

  3. the delivery address;

  4. or the legitimacy of the payment method used.

If the customer fails to respond or if there are serious indications of fraud, VENUZA NAILS may suspend or cancel the order.

These checks are solely intended to protect customers, VENUZA NAILS and payment providers against fraudulent use.

ARTICLE 28 — RETENTION OF TITLE

The products remain the exclusive property of VENUZA NAILS until their price has been paid in full, including where the products have already been handed over to the carrier, to the extent permitted by applicable law.

Transfer of risk shall take place in accordance with the applicable legal provisions governing the relevant sales contract.

ARTICLE 29 — ORDER PRODUCTION

Each order is prepared individually after payment has been validated.

Customised and made-to-measure products are manufactured exclusively upon the customer's request.

Production begins according to the organisation and workflow of the VENUZA NAILS workshop.

Due to the handmade nature of the products, each order requires a variable production time.

Production times stated on the website are indicative and may change depending on:

  1. the current order volume;

  2. the complexity of the selected design;

  3. periods of high activity;

  4. public holidays;

  5. holidays or annual leave;

  6. or any circumstance beyond the control of VENUZA NAILS.

ARTICLE 30 — PRODUCTION TIMES

Production times stated on the website correspond to the time required to handcraft the products.

They are separate from delivery times provided by the carriers.

Production begins only after:

  1. payment has been validated;

  2. all information required for production has been received;

  3. and, where applicable, the measurements provided by the customer have been validated.

Where the customer delays in providing information required for production, the production period will automatically be suspended until such information is received.

ARTICLE 31 — SHIPPING

Once production has been completed, the order is handed over to the carrier selected at the time of purchase.

Where available, the customer will receive a tracking number allowing them to monitor the progress of their parcel.

Delivery times stated by carriers are estimates only.

They do not constitute a contractual commitment by VENUZA NAILS.

ARTICLE 32 — DELIVERY

Products are delivered to the address provided by the customer when placing the order.

The customer is solely responsible for the accuracy of the information provided.

Any error concerning:

  1. the name;

  2. the address;

  3. the telephone number;

  4. the postal code;

  5. the country;

  6. or any other information required for delivery,

may result in a delay, return of the parcel or inability to deliver it.

Any financial consequences resulting from incorrect information remain the responsibility of the customer.

ARTICLE 33 — DELIVERY TIMES

Delivery times depend exclusively on:

  1. the selected carrier;

  2. the destination country;

  3. customs procedures;

  4. weather conditions;

  5. periods of high activity;

  6. and any event beyond the control of VENUZA NAILS.

Delivery times displayed on the website are estimates.

A delivery delay attributable to the carrier cannot, by itself, justify cancellation of the order, a refund or compensation, subject to any mandatory rights available to the customer under applicable law.

ARTICLE 34 — PARCELS RETURNED TO VENUZA NAILS

Where a parcel is returned to VENUZA NAILS, in particular due to:

  1. an incorrect address;

  2. an incomplete address;

  3. refusal to accept the parcel;

  4. repeated absence during delivery;

  5. failure to collect the parcel within the applicable timeframe;

  6. or any other circumstance attributable to the customer,

the order may be reshipped once the new shipping costs have been paid in advance.

No new shipment will be made before these costs have been paid.

ARTICLE 35 — CUSTOMS AND IMPORTS

Orders shipped outside the European Union may be subject to:

  1. customs inspections;

  2. import duties;

  3. local taxes;

  4. administrative fees;

  5. or any other formalities imposed by the competent authorities.

These procedures are the responsibility of the customer.

VENUZA NAILS cannot be held responsible for delays, customs clearance refusals or additional charges imposed by the authorities of the destination country.

ARTICLE 36 — TRANSFER OF RISK

Transfer of risk shall take place in accordance with the applicable legal provisions governing the sales contract.

The customer must check the apparent condition of the parcel upon receipt.

Any apparent issue must be reported as soon as possible in accordance with the Returns and Refund Policy.

ARTICLE 37 — FORCE MAJEURE

VENUZA NAILS cannot be held responsible for any delay, suspension or inability to perform all or part of its obligations where such event results from circumstances reasonably beyond its control.

Such events include, in particular:

  1. natural disasters;

  2. fires;

  3. floods;

  4. pandemics;

  5. epidemics;

  6. armed conflicts;

  7. terrorist attacks;

  8. industrial action;

  9. strikes;

  10. widespread communication network failures;

  11. interruption of postal services;

  12. carrier failures;

  13. major cyberattacks;

  14. exceptional supply shortages;

  15. administrative or governmental decisions;

  16. or any other unforeseeable event temporarily preventing normal performance of the contract.

In such circumstances, performance deadlines will automatically be extended for the duration of the relevant event, without giving rise to any right to compensation.

ARTICLE 38 — RETURNS AND REFUNDS POLICY

The terms applicable to returns, exchanges, refunds, complaints and warranty exclusions are set out in the VENUZA NAILS Returns and Refund Policy.

This policy forms an integral part of these Terms and Conditions.

By confirming an order, the customer acknowledges having read and accepted the policy without reservation.

ARTICLE 39 — INTELLECTUAL PROPERTY

All elements available on the VENUZA NAILS website are protected by French, European and international intellectual property laws.

This includes, without limitation:

  1. the VENUZA NAILS name;

  2. logos;

  3. photographs;

  4. videos;

  5. texts;

  6. product descriptions;

  7. graphic creations;

  8. brand identity elements;

  9. illustrations;

  10. advertising visuals;

  11. Press-On Nail designs;

  12. Nail Art creations;

  13. designs;

  14. tutorials;

  15. and any other content published on the VENUZA NAILS website, social media platforms or communication materials.

Any reproduction, distribution, adaptation, modification, commercialisation, extraction or exploitation, in whole or in part, without prior written authorisation from VENUZA NAILS is strictly prohibited.

ARTICLE 40 — REPRODUCTION OF DESIGNS AND CREATIONS

The designs created by VENUZA NAILS result from artistic creative work and artisanal expertise.

Any commercial reproduction of original VENUZA NAILS creations without prior written authorisation is prohibited.

This prohibition includes, in particular:

  1. faithful reproduction of a design;

  2. copying a collection;

  3. reproducing an original design;

  4. reproducing Nail Art compositions;

  5. selling designs that substantially reproduce VENUZA NAILS creations.

This provision does not limit the rights of third parties in relation to independent creations or designs inspired by general trends that do not reproduce original VENUZA NAILS creations.

ARTICLE 41 — PHOTOGRAPHS AND VISUAL CONTENT

All photographs, videos and images distributed by VENUZA NAILS remain its exclusive property or are used with the authorisation of the relevant rights holders.

Any unauthorised use, including on a website, marketplace, social media platform, advertisement or commercial material, is prohibited.

It is also prohibited to remove or alter any elements identifying the origin of photographs or creations distributed by VENUZA NAILS.

ARTICLE 42 — USE OF CONTENT BY ARTIFICIAL INTELLIGENCE

Unless prior written authorisation has been obtained from VENUZA NAILS, content published on the website may not be used to:

  1. create or enrich a commercial database;

  2. train an artificial intelligence system for commercial purposes;

  3. generate commercial reproductions of VENUZA NAILS creations;

  4. populate a catalogue intended for the sale of competing products.

This provision is not intended to restrict uses permitted under applicable law.

ARTICLE 43 — CUSTOMER REVIEWS AND PUBLISHED CONTENT

Customers may publish reviews in accordance with the rules applicable to the platform used by VENUZA NAILS.

Reviews must reflect a genuine experience and be written in good faith.

The following are prohibited in particular:

  1. false reviews;

  2. reviews posted under a false identity;

  3. defamatory content;

  4. abusive or insulting statements;

  5. threats;

  6. unlawful content;

  7. content infringing the rights of a third party.

VENUZA NAILS reserves the right to report or request the removal of any manifestly unlawful content in accordance with applicable regulations.

ARTICLE 44 — CUSTOMER ACCOUNT

Creating a customer account is optional unless certain website features require an account.

The customer is responsible for keeping their login credentials confidential.

Any use of the account made using the customer's personal credentials shall be deemed to have been carried out under the customer's responsibility, unless evidence demonstrates fraudulent access beyond their control.

The customer undertakes to notify VENUZA NAILS as soon as possible of any unauthorised use of their account.

ARTICLE 45 — SUSPENSION OR CLOSURE OF AN ACCOUNT

VENUZA NAILS may suspend or close a customer account for a legitimate reason, including:

  1. fraud or attempted fraud;

  2. abusive use of the services;

  3. identity theft;

  4. breach of these Terms and Conditions;

  5. abusive, threatening or harassing behaviour;

  6. use of the website for unlawful purposes.

Where possible and appropriate, the customer will be informed of this decision.

This measure is without prejudice to any rights granted to the customer by law.

ARTICLE 46 — PERSONAL DATA

The terms governing the collection, use, retention and protection of personal data are detailed in the VENUZA NAILS Privacy Policy.

This policy forms an integral part of these Terms and Conditions.

ARTICLE 47 — SEVERABILITY

If any provision of these Terms and Conditions is declared null, invalid or unenforceable by a final court decision, the remaining provisions shall remain in full force and effect.

The relevant provision shall, to the fullest extent possible, be replaced by a provision producing an economic and legal effect as close as possible to the original intention.

ARTICLE 48 — GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and Conditions are governed by French law.

Where mandatory provisions of the customer's country of residence provide them with more favourable protection that cannot be waived, such provisions shall remain applicable.

In the event of any difficulty or dispute, the parties undertake to seek an amicable resolution as a priority.

In accordance with the French Consumer Code, customers residing in France may refer the matter free of charge to a competent consumer mediator before taking legal action.

If no amicable agreement can be reached, the dispute shall be brought before the competent court in accordance with the applicable legal rules.

ARTICLE 49 — EFFECTIVE DATE

These General Terms and Conditions of Sale come into effect upon their publication on the VENUZA NAILS website.

They remain applicable until they are amended or replaced by a new version published on the website.

The applicable version is the version in force on the date the order is confirmed.