Terms of Service

By using our services ("Services"), you accept these Terms and our Privacy Policy. If you do not agree, please do not use the Services.

OVERVIEW

Welcome to the Modena Nails shop. The terms "we", "us" and "our" refer to Modena Nails. Modena Nails operates this shop and website, including all related information, content, features, tools, products and services, in order to provide you with a tailored shopping experience ("Services"). The Modena Nails shop is powered by Shopify technology, which allows us to offer the Services to you.

The following terms, together with the policies referred to here ("Terms of Service" or "Terms"), set out your rights and obligations when using the Services. Please read them carefully, as they may contain important information, including disclaimers and limitations of liability.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to the Terms, you confirm that you have reached the age of majority under the law of your place of residence, and you consent to minors in your care using the Services on devices belonging to, managed by, or purchased by you.

To use the Services (including placing orders), we may ask you to provide certain information (e.g. email, billing, payment and shipping details). You represent that this information is correct, current and complete, and that you are entitled to provide it.

You are responsible for keeping your account credentials secure and for all activity on your account. You may not transfer, sell or licence access to your account.

SECTION 2 — OUR PRODUCTS

We make every effort to present our products accurately. Colours and appearance may vary depending on your device and its settings. We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations.

Product descriptions may be changed without notice. We reserve the right to discontinue any product and to limit quantities depending on the customer, region or country.

SECTION 3 — ORDERS

Placing an order constitutes an offer to purchase. We may accept or reject an order at our sole discretion. Acceptance occurs once we send you confirmation that your order has been accepted; prior to this, payment must have been received and processed.

Additional information: Orders can be placed without registration or after creating an account. Add products to your basket, choose your delivery and payment method, and provide the required details (including invoice details — optional). Clicking "Buy and pay" means you accept the Terms and Conditions and are obliged to make payment.

If we are unable to fulfil your order in full or in part, we will inform you of the available options (partial fulfilment / waiting for delivery). If the order has already been paid for, we will promptly refund the relevant amount. We provide confirmation of the contract on a durable medium no later than at the time of delivery of the goods.

Returns and exchanges are handled in accordance with our Returns Policy. You confirm that you are purchasing for personal use, not for commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts and promotions may change. The price shown in your order applies at the time of placing it and will be confirmed in the confirmation email. Unless stated otherwise, prices do not include taxes, shipping/handling costs, customs duties or import fees.

You agree to provide current and accurate payment/account details and to keep them up to date. You confirm that you are authorised to use the payment methods you provide.

SECTION 5 — SHIPPING AND DELIVERY

Delivery times are estimates and are not guaranteed. We are not responsible for carrier delays, customs procedures, or events beyond our control. Once products have been handed over to the carrier, the risk of loss passes to you.

Delivery methods, collection addresses and processing times are described in our Shipping Policy.

SECTION 6 — INTELLECTUAL PROPERTY

The materials within the Services (trade marks, content, graphics, etc.) are the property of Modena Nails or its licensors and are protected by intellectual property laws. Only personal, non-commercial use is permitted. All rights reserved.

SECTION 7 — OPTIONAL TOOLS

We may provide third-party tools "as is" and "as available", without warranties and without liability. You use them at your own risk and subject to those companies' terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain third-party materials or links. We are not responsible for their content, any purchases made through them, or any related damages. Please review third-party policies before making a transaction.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Note: this section is required by Shopify.
The Modena Nails shop is powered by Shopify technology. All sales made through the shop are carried out directly by Modena Nails. Shopify is not responsible for sales between you and Modena Nails. You release Shopify and its partners from liability for any claims arising from purchases made from Modena Nails.

SECTION 10 — PRIVACY POLICY

We collect and process personal data in accordance with our Privacy Policy. Some data may be subject to Shopify's privacy policy. By using the Services, you confirm that you have read these policies.

SECTION 11 — FEEDBACK

By submitting feedback or ideas ("Feedback"), you grant us a worldwide, royalty-free licence (with the right to sublicence) to use it in order to provide, improve and promote the Services. You represent that you hold the rights to such Feedback and that it complies with the Terms.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

We reserve the right to correct errors and update information (including cancelling orders) without notice, even after an order has been placed, should the information prove to be inaccurate.

SECTION 13 — PROHIBITED USES

You may use the Services only for lawful purposes. Prohibited activities include, among others: actions that breach regulations or the rights of third parties, harassment, impersonation, sending spam, introducing malicious software, circumventing security measures, scraping, or attempting to disrupt the Services. Violations may result in suspension or closure of your account.

SECTION 14 — TERMINATION

We may terminate this agreement or block your access at any time. The following sections remain in effect, among others: Intellectual Property, Feedback, Disclaimer/Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy.

SECTION 15 — DISCLAIMER

Information provided within the Services is of a general nature. The Services and products are provided "as is" and "as available", without warranties of any kind, to the extent permitted by law.

SECTION 16 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, Modena Nails, its affiliates, employees and suppliers shall not be liable for any indirect, incidental, special, punitive or consequential damages (including loss of profits, data, etc.).

SECTION 17 — INDEMNIFICATION

You agree to indemnify Modena Nails, Shopify and their affiliates against claims arising from a breach of the Terms, applicable laws, or third-party rights, and from your use of the Services.

SECTION 18 — SEVERABILITY

If any provision is found to be invalid or unenforceable, the remaining provisions shall remain in effect. Such provision shall be applied to the maximum extent permitted by law.

SECTION 19 — WAIVER; ENTIRE AGREEMENT

Failure to enforce a right does not constitute a waiver of that right. These Terms, together with the policies published on the website, constitute the entire agreement and supersede any prior arrangements relating to the Services.

SECTION 20 — ASSIGNMENT

You may not transfer your rights or obligations under this agreement without our written consent. We may transfer, assign or delegate our rights and obligations without your consent.

SECTION 21 — GOVERNING LAW

These Terms and any agreements relating to the Services are governed by the law of the country in which Modena Nails is based, and you agree to the jurisdiction of the local courts (Poland).

SECTION 22 — HEADINGS

Headings are provided for convenience only and do not affect the interpretation of the Terms.

SECTION 23 — CHANGES TO THE TERMS

The current version is available on this page. We may update the Terms by publishing changes; we will inform you of any significant changes in accordance with the law. Continued use of the Services constitutes acceptance.