General terms and conditions for using the site
1. ACCEPTANCE OF THE TERMS
Thank you for using Nailyday.shop. These General Terms and Conditions (“Terms”) are intended to inform you of your legal rights and responsibilities regarding access to and use of the Nailyday.shop website – https://nailyday.shop (“Website”), including but not limited to purchasing products through the Website.
Please read these Terms carefully.
By accessing or using the Website, you agree to these Terms and enter into a contract binding you with Nailyday EOOD, a company incorporated and existing under the laws of the Republic of Bulgaria (“Nailyday.shop”). Do not use the Website if you do not wish to or cannot be bound by these Terms.
You can agree to the Terms by:
- Click to accept or agree to the Terms, where possible, through the Website user interface; or
- You use the Services. In this case, you understand and agree that Nailyday.shop will treat your use of the Services as acceptance of the Terms.
2. DEFINITIONS
Nailday EOOD is the commercial company providing the Services through the administered Website.
We
“We”, “us” or “Nailyday.shop” refers to Nailyday.
Nailyday.shop (https://nailyday.shop) is a web- and mobile-based platform on the Internet, owned by Nailyday EOOD, a company incorporated and existing under Bulgarian law, with UIC 206696082, with its registered office and registered address: Sofia, Bulgaria, 15 Malin Todorov Street, subject to these General Terms and Conditions.
User
“User” or “You” or “Your” refers to you, as a user of the Services. A User is someone who accesses or uses the Services for the purpose of purchasing products, sharing, browsing, hosting, publishing, transacting, uploading information or viewing images and includes other individuals who jointly participate in the use of the Services.
Services
“Services” are any and all services that Nailday EOOD may offer to the User through the Website.
User Profile
“User Profile” is a separate part of the Website containing information about the User, required by Nailyday.shop upon registration. Access to the User Profile by the User is achieved by entering an email or phone number and password.
Content
“Content” shall include (but is not limited to) images, photographs, audio, video, location data, ‘places in the area’, and any other forms of information or data.
Your Content
“Your Content” or “User Content” is the content posted by you as a User of the Website. It includes, but is not limited to, what you upload, share or transmit through or in connection with the Services, such as: likes, ratings, reviews, images, photos, messages, information about your User Profile, as well as any other materials that you display publicly or are displayed in your User Profile.
Nailyday.shop Content
“Nailyday.shop Content” means the content that Nailyday.shop creates and provides in connection with the Services, including, but not limited to: visual interfaces, interactive features, graphics, design, computer code, products, software, aggregated ratings, reports and other data about the activity and actions in your User Account and all other elements and components of the Services, excluding Your Content and Third Party Content. “Third Party Content” means content that comes from parties other than Nailyday.shop or its Users and is accessible on or through the Services.
3. USE OF THE SERVICES
3.1. Eligibility
You hereby represent and warrant that you are at least eighteen (18) years of age and that you are fully capable and competent to understand and agree to the terms, obligations, representations, warranties and guarantees set forth in these Terms.
3.2. Compliance with Laws
You are responsible for complying with all laws and legal regulations in the country in which you reside when using the Services. You agree to use the Services only in accordance with these Terms and applicable law and in a manner that does not violate our legal rights or those of third parties.
3.3. Website Accessibility
The Website and its features may be changed, updated, interrupted, suspended or discontinued without notice or liability.
3.4. User Accounts
You must create a User Account and provide certain information about yourself in order to use (some of) the Services offered through the Website. You are responsible for maintaining the confidentiality of your User Account password. You are also responsible for all activities that occur in connection with your User Account. You agree to notify us immediately of any unauthorized use of your User Account. We reserve the right to terminate your User Account at any time, with or without cause.
Your User Account is for your personal, non-commercial use only. When you create one, we ask that you provide complete and accurate information about yourself in order to enhance your authenticity as a contributor to the Website. You may not impersonate another person (e.g., impersonate a celebrity or your neighbor), use someone else’s User Account, or create a User Account for someone other than yourself, or create multiple accounts. If you use a nickname, please be aware that some people may be able to identify you if, for example, you include identifying information in your reviews, use the same account on other websites, or allow other sites to share your information with Nailyday.shop. For more information, please read our Privacy Statement. [ST1]
3.5. Communications from Nailyday.shop and other Users
By creating a User Account, you agree to receive communications related to the Website. For example, you may receive our weekly email newsletter, from which you have the right to opt out.
4. SHOPPING
Nailyday.shop provides its visitors with the opportunity to shop remotely. Shopping for goods through the Website is done in the following ways:
4.1. By registering a user profile. The order information contains a listing of ordered products, customer names, contact phone number and delivery address. By registering, the customer actively chooses to accept these General Terms and Conditions.
4.2. Without user profile registration. The order information contains a list of the ordered products, the customer’s name, contact phone number and delivery address. When purchasing without registration, acceptance of these General Terms and Conditions is required with each order.
4.3. Quick Order / Order placed by phone
Order placed by phone. The order information contains a listing of the ordered products, the customer’s name, contact phone number and delivery address.
4.4. Order Cancellation
The Buyer has the right to cancel their order at any time before the order is sent for delivery. In this case, the purchase and sale contract is considered terminated.
5. RIGHT OF WITHDRAWAL FROM PURCHASE
The consumer has the right to return purchased goods on the site within 14 days, according to Bulgarian legislation, in particular the Consumer Protection Act, Article 50.
If a purchase is canceled, the money paid by the buyer will be returned in full within 7 working days.
To be eligible for return, the purchase must be in commercial condition, that is, it must not have been used and the integrity of the packaging must not be broken.
If you cancel the purchase, the buyer is required to bear the cost of return shipping.
A purchase cancellation form can be downloaded here.
6. PAYMENTS
Payments on the Website related to the purchase of products are made solely by Postal Money Order (PMO).
7. CHANGES TO THE TERMS
Nailyday.shop may change, amend or update these Terms and Conditions from time to time, in its sole discretion. It is your responsibility to review these Terms and Conditions from time to time and ensure that you are in continued compliance with these Terms and Conditions. Your use of the Services following such changes or modifications to the Terms shall be deemed to be your express acceptance of the modified/amended Terms and your agreement to be bound by such modified/amended Terms.
8. TRANSLATION OF THE TERMS
Nailyday.shop may provide a translation of the Bulgarian version of the Terms into other languages. You understand and agree that the translation of the Terms into other languages would be solely for your convenience and that the Bulgarian version shall govern your relationship with Nailyday.shop. In the event of any inconsistency between the Bulgarian version of the Terms and any of the translations, the Bulgarian version shall prevail.
9. CONTENTS
9.1. Responsibility for Your Content
9.1.1. You are responsible for the content you post. You bear all risks associated with the content you post, including the possibility that other Users may rely on its quality, accuracy, reliability or veracity of the information. You represent that you have the necessary competence to post the content. You may not claim that you have posted content that is in any way motivated, sponsored or approved by Nailyday.shop.
9.1.2. You may be held liable if, for example, the content you post contains material that is false, intentionally misleading, or defamatory; infringes the rights of third parties, including copyright, trademark, patent, trade secret, moral right, privacy, right of publicity, or any other intellectual property or proprietary right; contains material that is illegal, including hate speech or pornography; harms minors and minors; or violates or advocates the violation of any law or other legal regulation.
9.1.3. If your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects the actual experience you had when purchasing a product through the Website; you were not paid or otherwise compensated in connection with the publication of your review; and you had no financial, competitive, or other personal incentive to write a review that was not a fair expression of your honest opinion.
USER REVIEWS DO NOT REFLECT THE OPINION OF Nailyday.shop
9.2. Use of Your Content
By posting your Content, you irrevocably grant us a perpetual, irrevocable, non-exclusive, royalty-free right to use the posted content throughout the European Union. This right includes the right to sub-license and transfer.
By “use” we mean use, display, distribution, modification, translation, reformatting, inclusion in advertisements and other works, promotion, creation of derivatives.
You grant us the right to use your name or username that you submit in connection with your Content. You irrevocably waive any and all claims and moral rights against us or brought against us, third parties, or our and their users in connection with your Content.
9.3. Ownership of Content
As between you and Nailyday.shop, you are the owner of your Content. We own the Nailyday.shop Content, including but not limited to the visual interface, interactive features, graphics, design, compilations, such as (but not limited to) our database of user content and other content on the Website, computer code, products, software, average user opinion ratings and all other elements and components of the Website, excluding User Content and Third Party Content. We also own the copyrights, trademarks, trade names and other intellectual property rights (“IP Rights”) relating to the Nailyday.shop Content, the Website. This means that you may not modify, reproduce, distribute, create derivative works or adaptations, publicly display or use in any way the Nailyday.shop Content, in whole or in part, unless expressly permitted by us.
9.4. Content Removal
We reserve the right, at any time and without notice, to remove, block or prohibit, in our sole discretion, content that, for one reason or another, we deem objectionable, dangerous to the Services or our Users or in violation of these Terms.
10. LIMITATIONS
10.1. Without limiting the generality of these Terms, when using the Services, you expressly agree not to post or transmit content (including reviews) and not to engage in any activity that, in our sole discretion:
10.1.1. Violate our Content Guidelines, such as writing fake or defamatory reviews, exchanging/swapping reviews, or paying someone to write or delete a review;
10.1.2. Infringe any third party rights, including copyright, trademark, patent, trade secret, moral right, privacy, right of publicity, or any other intellectual property or proprietary right;
10.1.3. Violate these Terms;
10.1.4. Violate any applicable law;
10.1.5. Threaten, harm, harass others, or promote discrimination;
10.1.6. Promote anyone’s business or other commercial enterprise or event, or otherwise use the Website for commercial purposes;
10.1.7. Engage in keyword spamming or otherwise attempt to manipulate search results on or within the Website;
10.1.8. They solicit the personal information of minors or present or transmit pornography.
10.2. Furthermore, the User agrees not to:
10.2.1. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works from, publicly display, sell, exchange or in any way exploit the Website or its content;
10.2.2. Uses any robots, spiders, applications to search or retrieve the Website;
10.2.3. Attempts to reverse engineer part(s) of the Website;
10.2.4. Remove or alter any Intellectual Property Rights notices that may appear on parts of the Website or any materials printed or copied from the Website;
10.2.5. Records, processes or retrieves data about other Users;
10.2.6. Attempts to gain unauthorized access to the Website, User Accounts, computer systems or networks connected to the Website through hacking, password mining or other methods;
10.2.7. Use the Website or any Content to transmit computer viruses, worms, Trojan horses, or the like that could be of a destructive nature (collectively, “Viruses”).
When a certain action is not explicitly mentioned in this clause, but clearly violates the rules of Art. 9, it should be interpreted broadly in favor of Nailyday.shop, and this action should be considered included in this clause.
11. RELATIONSHIP WITH OTHER INSTRUCTIONS AND RULES
Regarding the way Nailyday.shop collects and cares for your personal information, please visit our Privacy Statement.
Nailyday.shop may also use so-called cookies in order to optimize the Website and your user experience. For more information and details, please visit our Cookie Policy.
12. THIRD PARTY WEBSITES AND CONTENT
12.1. The Services may contain, or you may be redirected from the Website to links to third-party websites (“Third-Party Websites”), as well as articles, photographs, text, graphics, images, designs, music, sound, video, information, applications, software and other Content owned by or derived from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content have not been investigated, monitored or checked for accuracy, appropriateness, safety or completeness by Nailyday.shop and Nailyday.shop is not responsible for such Third-Party Websites accessible through the Website or any Third-Party Content posted on, accessible through or installed from the Website.
12.2. You agree that we are not responsible for access to or Third Party Content on such Third Party Websites. Your use of Third Party Websites is entirely at your own risk.
13. ADVERTISING
The Services may be supported by advertising revenue and may display advertisements and promotions.
Portions of the Website may contain such advertising information, promotional materials or other material provided to Nailyday.shop by third parties. The responsibility that the materials provided for inclusion on the Website comply with applicable international and national legislation lies with the party providing the information/material. Correspondence and business dealings with, and participation in promotions of, advertisers other than Nailyday.shop found on or accessible through the Website, including payments and delivery of related goods or services, as well as any other terms, conditions, representations or warranties related to such activities, shall be solely between you and such advertisers. Nailyday.shop shall not be liable for any error, omission, inaccuracy in the advertising materials or any loss or damage incurred as a result of such activities or as a result of the presence of such other advertisers on the Website.
14. FEEDBACK. SUGGESTIONS AND IMPROVEMENTS
By sending us ideas, suggestions, documents or recommendations (“Feedback”), you agree that: (i) the Feedback does not contain the confidential or proprietary information of third parties, (ii) we have no direct or implied obligation to maintain the confidentiality of such Feedback, (iii) we may have received such Feedback that is under consideration or in the process of being developed, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual right to use, modify, prepare derivative works, publish, distribute and sublicense such Feedback and you irrevocably waive any and all claims and assertions of moral rights against Nailyday.shop and its Users contained in such Feedback.
15. PAYMENTS
Payments on the Website related to the purchase of products are made solely by Postal Money Order (PMO).
16. DISCLAIMER OF LIABILITY
It is your responsibility to maintain the confidentiality of your username, password and User Account, as well as the activities carried out by and in your User Account. You agree to indemnify and defend us, our licensors, licensees, distributors, agents, representatives and other authorized users, as well as the retailers, distributors, suppliers and service providers of the aforementioned entities, and their directors, owners, employees, agents, representatives and successors in title, from and against any and all losses, damages, liabilities and expenses (including costs of reaching settlements and any legal or other fees and costs of investigating or defending any action) incurred by the aforementioned in connection with any claims arising from any breach of these Terms by you or claims arising from your use of the Website and/or your User Account. You agree to cooperate in our defense of any claims. We reserve the right, at our own expense, to retain separate counsel and assume the exclusive defense and control of any matter subject to indemnification by you. We will use reasonable efforts to notify you of any such claim, action or proceeding.
13. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT THE SERVICES AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NAILIDAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THAT: (I) THE SERVICES AVAILABLE ON OR THROUGH THE WEBSITE ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, (II) THE SERVICES AVAILABLE ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, (III) DEFECTS WILL BE CORRECTED, (IV) THERE ARE NO BUGS, VIRUSES, TROJAN HORSES OR OTHER SIMILAR THINGS THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES DUE TO THE ACTIONS OF THIRD PARTIES, (V) THE SECURITY METHODS USED WILL BE SUFFICIENT TO PROTECT THE SERVICES AND ITS USERS, AND (VI) NO LOSS OF DATA, CONTENT OR INFORMATION WILL OCCUR IN TERMS OF CORRECTNESS, ACCURACY OR RELIABILITY.
DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER, PHONE, TABLET OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIALS. Nailyday.shop WILL NOT BE A PARTY OR BE RESPONSIBLE IN ANY WAY FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND THIRD PARTIES PROVIDING PRODUCTS OR SERVICES RELATED TO THE Nailyday.shop SERVICES. YOU ARE ENTIRELY RESPONSIBLE FOR YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO COMMUNICATION WITH Nailyday.shop, WHETHER WRITTEN OR ORAL, IN CONNECTION WITH, THROUGH, OR AS A RESULT OF THE USE OF THE SERVICES SHALL CREATE ANY WARRANTIES NOT EXPRESSLY STATED IN THESE TERMS. UNLESS EXPRESSLY AUTHORIZED IN WRITING, YOU AGREE THAT WHEN USING THE SERVICES, YOU WILL NOT USE ANY TRADEMARK, TRADENAME OR LOGO OF ANY COMPANY OR ORGANIZATION IN A MANNER THAT IS LIKELY TO CAUSE CONFUSION AS TO THE OWNERSHIP OF SUCH TRADEMARKS, NAMES OR LOGO.
Nailyday.shop MAKES NO PROMISES REGARDING ANY THIRD PARTIES, SUCH AS LINKS TO THIRD PARTY WEBSITES THAT MAY BE VIEWED ON THE WEBSITE OR USERS OF THE SERVICES. Nailyday.shop IS NOT LIABLE FOR ANY LOSSES OR DAMAGES THAT MAY ARIS FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL DATA OR IF YOU HAVE A NEGATIVE EXPERIENCE DURING YOUR USE OF THE WEBSITE THAT MAY BE VIEWED OR PROMOTED ON THE WEBSITE.
PURCHASE OR USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK.
THE TOTAL MAXIMUM LIABILITY FOR LOSSES AND DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE USE OF THE SERVICES IS LIMITED TO THE GREATER OF THE MONETARY AMOUNT PAID BY YOU TO Nailyday.shop FOR ACCESS TO THE WEBSITE AND SERVICES OR 100 BULGARIAN LEVA.
Nailyday.shop IS NOT LIABLE FOR (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, (II) LOST PROFITS AND ACTUAL LOSSES, (III) BUSINESS INTERRUPTION, (IV) DAMAGE TO REPUTATION OR (V) LOSS OF INFORMATION OR DATA.
14. DISPUTE RESOLUTION
14.1. You agree that any and all disputes and claims arising out of or relating to these Terms, the Website or the Services shall be resolved individually, without resort to any form of class action.
14.2. Any and all claims, judgments and awards shall be limited to the greater of the amount paid by you to Nailyday.shop for access to the Website and Services or 100 Bulgarian leva, but in no event to attorneys’ fees; and under no circumstances may you recover, and each User waives the right to claim, punitive, incidental, consequential or other damages, other than the amount paid for using the Nailyday.shop Services.
14.3. These Terms, as well as any rights and obligations in connection with them, shall be governed by Bulgarian law. Any disputes between the Parties arising from this Agreement shall be heard and resolved by the competent Bulgarian court.
15. DIVIDABILITY
If any part of these Terms is found to be unlawful, invalid or for any reason unenforceable, then that part shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of the remaining provisions.
16. TERMINATION
16.1. You may terminate the Terms at any time by closing your User Account, ceasing to use the Website, or providing Nailyday.shop with notice of termination.
16.2. We may terminate your User Account, suspend your ability to use portions of the Website, and/or deny you access to the Services entirely, with or without cause, without notice or liability of any kind. Such action would prevent you from having access to the Website, your Content, Nailyday.shop Content, and/or other related information.
16.3. In the event of any termination of these Terms, whether by you or us, the provisions of Sections 2, 6, 7 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 will survive in full force and effect, including our right to use Your Content pursuant to Section 6.
17. GENERAL PROVISIONS
17.1. We reserve the right to modify, update or discontinue the Website, at our sole discretion, with or without reason, and without notice or liability.
17.2. We may send you notices, including those regarding changes to the Terms, by email or through the Website.
17.3. Except as otherwise set forth in Section 12 above, nothing in these Terms shall be deemed to, nor is it intended to, confer any rights or remedies on any third party.
17.4. The Terms contain the entire agreement between you and Nailyday.shop regarding the use of the Website.
17.5. The Terms contain the entire agreement between you and Nailyday.shop regarding the use of the Website.
17.6. The section headings in these Terms are for convenience only and shall not have any legal or contractual effect.
18. CONTACT
To ask a question, submit a complaint regarding the Website or the Nailyday.shop Services, or to obtain more information about the Services, please contact Nailyday.shop in one of the following ways:
Email Address: nailyday-shop@mail.bg