Terms of service

TERMS OF SERVICE

ARTICLE 1 — PURPOSE

These Terms of Service govern access to, browsing of and use of the www.venuzanails.com website, as well as all services, features, content and tools offered by VENUZA NAILS.

They constitute an agreement between VENUZA NAILS and any person accessing the Website, whether they are a visitor, customer or account holder.

These Terms of Service supplement the General Terms and Conditions of Sale, Privacy Policy and Returns and Refund Policy, without replacing them.

By accessing the Website or using the Services provided, you acknowledge that you have read these Terms of Service and agree to comply with them.

ARTICLE 2 — DEFINITIONS

For the purposes of these Terms of Service:

“Website” means the www.venuzanails.com website and all of its pages, features and content.

“Services” means all features provided by VENUZA NAILS, including browsing the Website, creating a customer account, contact forms, customisation tools, services provided through Shopify and associated digital services.

“User” means any person accessing the Website, whether or not they make a purchase.

“Customer Account” means the personal account created by a User in order to access certain features of the Website.

ARTICLE 3 — ACCESS TO THE SERVICES

VENUZA NAILS makes every reasonable effort to provide secure and high-quality access to the Website.

However, access to the Services may be temporarily suspended, restricted or interrupted, including in the event of:

  1. maintenance;

  2. updates;

  3. technical improvements;

  4. IT incidents;

  5. network failures;

  6. cyberattacks;

  7. force majeure;

  8. or any other circumstance beyond the control of VENUZA NAILS.

Such interruptions shall not give rise to any compensation where they result from a legitimate reason or from a circumstance beyond the control of VENUZA NAILS.

ARTICLE 4 — USE OF THE SERVICES

The User agrees to use the Website in accordance with applicable laws and these Terms of Service.

The Services must always be used in good faith and with respect for the rights of VENUZA NAILS, its partners and other Users.

Any abusive or fraudulent use, or any use likely to interfere with the proper functioning of the Website, is prohibited.

ARTICLE 5 — ELIGIBILITY

The Services are intended for persons who have the legal capacity required to enter into a contract under the laws applicable in their country of residence.

Minors may only use the Services with the authorisation and under the responsibility of their legal representative.

The User guarantees that all information provided when using the Website is accurate, complete and regularly updated.

ARTICLE 6 — ACCEPTANCE AND AMENDMENTS TO THE TERMS OF SERVICE

These Terms of Service may be amended to reflect legislative, regulatory or technical developments, or changes to the Services offered by VENUZA NAILS.

The applicable version is the version published on the Website at the time of use.

Continued use of the Services after a new version has been published constitutes acceptance of the updated Terms of Service.

Where required by law, or where amendments are substantial, VENUZA NAILS may notify Users by any appropriate means.

ARTICLE 7 — SHOPIFY PLATFORM

The Website is operated using the Shopify platform.

Certain features of the Services may be provided directly or indirectly by Shopify or by third-party technical service providers.

Use of these features may be subject to the terms and conditions of those providers where applicable.

VENUZA NAILS remains responsible for the Services it directly provides to its customers, while services operated by third-party providers remain subject to their own applicable terms of use and policies.

ARTICLE 8 — CUSTOMER ACCOUNT

Certain features of the Website require the creation of a Customer Account.

The User agrees to provide accurate, complete and up-to-date information when registering and to keep this information updated throughout their use of the Services.

Each account is strictly personal and may not be transferred, lent, sold or shared with a third party.

The User is solely responsible for keeping their login credentials confidential and for all activity carried out through their account, unless there is evidence of unauthorised access beyond their control.

In the event of suspected unauthorised use of their account, the User agrees to notify VENUZA NAILS as soon as possible.

ARTICLE 9 — SERVICE SECURITY

VENUZA NAILS implements technical and organisational measures intended to provide an appropriate level of security for its Services.

However, no computer system can guarantee absolute security.

The User acknowledges that they use the Internet at their own risk and accepts that VENUZA NAILS cannot guarantee the complete absence of interruptions, vulnerabilities, errors or malicious acts by third parties.

Each User is responsible for protecting their own computer equipment, Internet connection and software used to access the Website.

ARTICLE 10 — PROHIBITED USES

The User agrees not to:

  1. use the Website for illegal or fraudulent purposes;

  2. compromise or attempt to compromise the security of the Services;

  3. gain unauthorised access to VENUZA NAILS' computer systems;

  4. circumvent the Website's security or protection mechanisms;

  5. use robots, scripts, automated software, crawlers, spiders, scrapers or any other process intended to automatically extract data from the Website without prior written authorisation;

  6. introduce viruses, Trojan horses, malware or any other code capable of disrupting the functioning of the Services;

  7. infringe the intellectual property rights of VENUZA NAILS or third parties;

  8. use the Website to distribute false, misleading, defamatory, abusive, threatening, discriminatory, obscene or otherwise unlawful content;

  9. impersonate another person or use a false identity;

  10. attempt to circumvent technical limitations implemented by the Website;

  11. use the Services in a manner likely to harm other Users or interfere with the normal functioning of the Website.

Any violation of these provisions may result in the immediate suspension of access to the Services, without prejudice to any other rights available to VENUZA NAILS.

ARTICLE 11 — USE OF WEBSITE CONTENT

Content accessible on the Website is intended exclusively for personal, private and non-commercial use.

Unless prior written authorisation has been obtained from VENUZA NAILS, it is prohibited to:

  1. copy or reproduce the Website or any part thereof;

  2. republish content on another website;

  3. use content for commercial purposes;

  4. resell, redistribute or exploit Website content;

  5. create a database from published content;

  6. automatically scrape product pages, descriptions, photographs or other Website content.

Any unauthorised use may result in any action necessary to stop the infringement of VENUZA NAILS' rights.

ARTICLE 12 — AVAILABILITY OF THE SERVICES

VENUZA NAILS endeavours to ensure the normal and continuous operation of the Website.

However, VENUZA NAILS does not guarantee that the Services will be available without interruption, errors or slowdowns.

The Website may be suspended, in whole or in part, in particular for:

  1. maintenance operations;

  2. updates;

  3. technical improvements;

  4. security operations;

  5. server interventions;

  6. technical incidents;

  7. or any other requirement related to the proper functioning of the Services.

Such temporary interruptions shall not give rise to any compensation.

ARTICLE 13 — THIRD-PARTY SERVICES

The Website may integrate or provide access to services offered by third-party companies, including payment services, delivery services, customer review services, statistical analytics, social media or any other additional functionality.

VENUZA NAILS does not control services operated by these third parties and cannot be held responsible for their availability, operation, content or decisions.

Use of these services remains subject to the terms and conditions and policies applicable to each provider.

ARTICLE 14 — ACCURACY OF INFORMATION

VENUZA NAILS endeavours to provide accurate, complete and regularly updated information.

Despite the care taken in preparing the content, certain information published on the Website may contain typographical errors, omissions, inaccuracies or may no longer be completely up to date.

VENUZA NAILS reserves the right to correct, modify, supplement or remove any Website content at any time and without prior notice where necessary.

No purely material or typographical error shall, by itself, give rise to liability on the part of VENUZA NAILS.

The User remains responsible for verifying that the information consulted meets their needs before making any decision based on it.

ARTICLE 15 — COMMENTS, REVIEWS AND USER-SUBMITTED CONTENT

Where the Services allow Users to publish reviews, comments, photographs, videos, suggestions or any other content, the User remains solely responsible for the content they choose to publish, submit or communicate to VENUZA NAILS.

By publishing content, the User guarantees that:

  1. they hold the necessary rights;

  2. their content does not infringe any third-party rights;

  3. the information provided is accurate and published in good faith;

  4. the content complies with applicable laws and regulations.

VENUZA NAILS reserves the right, but is under no obligation, to moderate, hide or remove any content that manifestly violates these Terms of Service, applicable law or generally accepted standards of conduct.

ARTICLE 16 — PROHIBITED CONDUCT

When using the Services, Users are prohibited in particular from:

  1. posting false reviews or testimonials;

  2. posting multiple reviews relating to the same order under different identities;

  3. using a false identity or another person's identity;

  4. deliberately publishing false information;

  5. distributing defamatory, abusive, threatening, hateful or discriminatory content;

  6. harassing or intimidating VENUZA NAILS, its representatives or other Users;

  7. exerting undue pressure in order to obtain a commercial advantage, refund or special treatment;

  8. publishing content intended to damage the reputation of VENUZA NAILS through inaccurate or deliberately misleading information.

These provisions in no way restrict Users' right to publish honest, genuine reviews based on their actual experience.

ARTICLE 17 — INTELLECTUAL PROPERTY

The Website and Services as a whole, including but not limited to texts, photographs, videos, illustrations, graphics, logos, icons, visual elements, Nail Art creations, Press-On Nail designs, designs, catalogues, guides, product pages and advertising content, are protected by intellectual property laws.

Unless prior written authorisation has been obtained from VENUZA NAILS, it is prohibited to:

  1. reproduce all or part of the Website;

  2. copy creations or content;

  3. distribute photographs or videos;

  4. use visual content for commercial purposes;

  5. remove ownership notices;

  6. modify content for republication;

  7. create a competing catalogue using Website content.

Any unauthorised use may result in legal action or any other measure necessary to protect VENUZA NAILS' rights.

ARTICLE 18 — USE OF CONTENT BY ARTIFICIAL INTELLIGENCE TOOLS

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

  1. train an artificial intelligence system for commercial purposes;

  2. populate a database intended to reproduce VENUZA NAILS creations;

  3. automatically generate competing content;

  4. create commercial catalogues reproducing all or part of VENUZA NAILS' creations, photographs or visual content.

This provision does not prevent uses permitted by applicable law.

ARTICLE 19 — LINKS TO THIRD-PARTY SERVICES

The Services may contain links to websites, platforms or applications operated by third parties.

These links are provided solely to facilitate access to certain additional services.

VENUZA NAILS does not control the content, practices or privacy policies of these third-party services.

Users access these services at their own responsibility and are advised to consult their own terms of use and applicable policies.

ARTICLE 20 — ELECTRONIC COMMUNICATIONS

By using the Website or communicating with VENUZA NAILS electronically, the User agrees to receive electronic communications relating to the use of the Services, their account, their requests or any information necessary for the proper functioning of the Services.

Such communications may be sent by email or by any other means of communication used during exchanges with VENUZA NAILS.

ARTICLE 21 — SUSPENSION OR TERMINATION OF SERVICES

VENUZA NAILS reserves the right to suspend, restrict or terminate any User's access to the Services where there is a legitimate reason, including in the event of:

  1. violation of these Terms of Service;

  2. fraud or attempted fraud;

  3. abusive use of the Website;

  4. compromising the security of the Services;

  5. manifestly unlawful conduct;

  6. infringement of VENUZA NAILS' intellectual property rights;

  7. attempts to interfere with the normal functioning of the Website.

Where circumstances permit, VENUZA NAILS may inform the User of such decision.

Such suspension or termination is without prejudice to any other rights available to VENUZA NAILS under applicable law or these Terms of Service.

ARTICLE 22 — DISCLAIMER OF WARRANTIES RELATING TO THE WEBSITE AND SERVICES

VENUZA NAILS makes every reasonable effort to ensure the quality, security and proper functioning of its Website and Services.

However, the Services are provided based on their availability at the time of use.

To the extent permitted by applicable law, VENUZA NAILS does not guarantee that:

  1. the Website will be accessible without interruption;

  2. the Services will be free from errors or technical anomalies;

  3. the servers will be free from viruses or other harmful elements despite the security measures implemented;

  4. the information published will permanently meet the specific expectations of every User.

The User acknowledges that they use the Services at their own responsibility.

ARTICLE 23 — LIMITATION OF LIABILITY

To the extent permitted by applicable law, VENUZA NAILS shall not be held liable for damages resulting in particular from:

  1. a temporary interruption of the Website;

  2. a computer failure;

  3. unavailability of the Services;

  4. an incident affecting the Internet network;

  5. malfunction of the hardware or software used by the User;

  6. improper use of the Services;

  7. unauthorised access occurring despite the security measures implemented;

  8. force majeure;

  9. an event beyond its reasonable control.

Nothing in these Terms of Service shall have the effect of excluding or limiting liability that cannot legally be excluded or limited.

ARTICLE 24 — ACCURACY OF INFORMATION PROVIDED BY USERS

The User agrees to provide accurate, truthful, complete and regularly updated information when using the Services.

Any inaccurate, incomplete, misleading or fraudulent information likely to interfere with the normal operation of the Services may result in temporary or permanent suspension of the relevant access.

VENUZA NAILS cannot be held responsible for consequences resulting from incorrect information provided by the User.

ARTICLE 25 — CHANGES TO THE SERVICES

VENUZA NAILS reserves the right to develop, modify, improve, suspend or remove all or part of the Services offered on the Website.

Such changes may concern, in particular:

  1. features;

  2. available tools;

  3. access methods;

  4. Website organisation;

  5. technologies used;

  6. technical partners.

Such changes may be made without prior notice where necessary for technical, security, maintenance, regulatory compliance or Service improvement reasons.

ARTICLE 26 — FORCE MAJEURE

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

Such events may include:

  1. natural disasters;

  2. fire;

  3. flooding;

  4. pandemics;

  5. major cyberattacks;

  6. failure of a hosting provider or technical service provider;

  7. interruption of telecommunications networks;

  8. administrative decisions;

  9. industrial disputes;

  10. war;

  11. or any other event meeting the characteristics of force majeure under applicable law.

During the period of such events, the affected obligations shall be suspended to the extent that their performance is rendered impossible.

ARTICLE 27 — SEVERABILITY

If any provision of these Terms of Service is declared null, invalid or unenforceable by a competent court, that provision shall be deemed severable from the others.

The remaining provisions shall remain fully applicable to the fullest extent permitted by applicable law.

ARTICLE 28 — NO WAIVER

The failure of VENUZA NAILS to immediately exercise any right provided for under these Terms of Service shall not be interpreted as a waiver of that right.

Any temporary tolerance shall not constitute an amendment to these Terms of Service and shall not prevent VENUZA NAILS from exercising its rights at a later date.

ARTICLE 29 — ENTIRE AGREEMENT

These Terms of Service, together with the General Terms and Conditions of Sale, Privacy Policy, Returns and Refund Policy and any other policy published on the Website where applicable, constitute the complete set of rules governing the use of the Services offered by VENUZA NAILS.

In the event of any conflict between several documents, the provisions specifically applicable to the situation concerned shall prevail, subject to applicable law.

ARTICLE 30 — AMENDMENTS TO THE TERMS OF SERVICE

VENUZA NAILS reserves the right to amend these Terms of Service at any time in order to reflect, in particular:

  1. legislative or regulatory developments;

  2. technical developments;

  3. changes to the Services offered;

  4. court decisions;

  5. or requirements relating to the operation of the Website.

The version in force is the version published on the Website on the date the User accesses or uses the Services.

Continued use of the Services after publication of a new version constitutes acceptance of the updated Terms of Service.

ARTICLE 31 — GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Service are governed by French law.

Where mandatory provisions of the legislation of the User's country of residence provide protection that cannot be waived, those provisions shall remain applicable.

The parties shall endeavour to resolve any dispute amicably before initiating legal proceedings.

If no amicable agreement can be reached, the dispute shall be submitted to the competent courts in accordance with the applicable legal rules.

ARTICLE 32 — CONTACT

For any questions regarding these Terms of Service or the use of the Services provided by VENUZA NAILS, you may contact us:

VENUZA NAILS

15 Rue des Chênes
46090 Espère – France

Email: contact.client@venuzanails.com

Website: www.venuzanails.com