Terms of Service

By using our services (“Services”), you agree to these Terms and Privacy Policy. If you do not agree — do not use the Services.

OVERVIEW

Welcome to the Modena Nails store. The terms “we”, “us”, and “our” refer to the Modena Nails store. The Modena Nails store operates this store and website, including any related information, content, features, tools, products, and services, to provide you with a customized shopping environment (“Services”). The Modena Nails store is powered by Shopify technology, which allows us to offer the User Services.

The following terms along with the policies mentioned here (“Terms of Service” or “Terms”) describe your rights and obligations in connection with the use of the Services.Review them carefully, as they may contain important information, including exclusions and limitations of liability.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to the Terms, you confirm your legal age according to the laws of your place of residence and consent to the use of the Services by minors under your care on devices that belong to you, which you manage or which you will acquire.

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

You are responsible for the security of your account credentials and all activity on your account. You may not transfer, sell, or license access to your account.

SECTION 2 — OUR PRODUCTS

We strive to accurately present our products. Colors and appearance may vary depending on the device and its settings. We do not guarantee that the appearance or quality of the purchased products/services will meet your expectations.

Product descriptions are subject to change without notice. We reserve the right to withdraw any product and to limit quantities based on person/region/country.

SECTION 3 — ORDERS

Placing an order constitutes an offer to purchase. We may accept or reject an order at our discretion. Acceptance occurs upon our sending a confirmation of order acceptance; payment must be received and processed beforehand.

Supplement: Orders can be placed without registration or after creating an account.Add products to the cart, choose the method of delivery and payment, fill in the required data (and invoice data — optionally). Clicking "I buy and pay" means acceptance of the Terms and the obligation to pay.

In case of inability to fulfill the order in whole or in part — we will inform you about the options (partial fulfillment / waiting for delivery). If the order was paid, we will promptly refund the amount due accordingly. Confirmation of the conclusion of the contract will be provided on a durable medium no later than upon delivery of the goods.

Returns and exchanges are carried out in accordance with Return Policy. You declare that you are purchasing for personal use, not for commercial resale or export.

SECTION 4 — PRICES AND SETTLEMENTS

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

You agree to provide current and accurate payment/account information and to update it. You represent that you are authorized to use the provided payment instruments.

SECTION 5 — SHIPPING AND DELIVERY

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

We describe delivery methods, pickup addresses, and fulfillment times in the Shipping Policy.

SECTION 6 — INTELLECTUAL PROPERTY

Materials in the Services (trademarks, content, graphics, etc.) are the property of Modena Nails or 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 any warranties and without liability. You use them at your own risk and according to the terms of those companies.

SECTION 8 — EXTERNAL COMPANY LINKS

Services may contain materials/links to third-party sites. We are not responsible for their content, purchases, or any damages related to them. Please review the policies of third-party sites before making a transaction.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Note: section required by Shopify.
The Modena Nails store is powered by Shopify technology. All sales in the store are processed directly by Modena Nails. Shopify is not responsible for sales between you and Modena Nails.You release Shopify and its partners from liability for claims arising from purchases at 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/ideas (“Feedback”), you grant us a worldwide, royalty-free license (with the right to sublicense) to use them for the purpose of providing, improving, and promoting the Services. You represent that you own the rights to them and that they comply with the Terms.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

We reserve the right to correct errors and update information (including canceling orders) without prior notice, even after an order has been placed, when information is found to be inaccurate.

SECTION 13 — PROHIBITED USE

You may use the Services only in accordance with the law. Prohibited are m.in.: actions that violate the rights of third parties, harassment, impersonation, spamming, introducing malware, circumventing security measures, scraping, or attempts to disrupt the operation of the Services. Violations may result in suspension or termination of the account.

SECTION 14 — TERMINATION

We may terminate the agreement or block access at any time. The provisions remain in effect m.in.sections: Intellectual Property, Feedback, Disclaimer/Limitation of Liability, Release of Liability, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy.

SECTION 15 — DISCLAIMER OF LIABILITY

Information in the Services is general in nature. Services and products are provided "as is" and "as available," without any warranties (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 — DISCLAIMER

You agree to indemnify Modena Nails, Shopify, and their affiliates against claims arising from violations of the Terms, regulations, or rights of third parties 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. The provision shall be enforced to the maximum extent permissible.

SECTION 19 — WAIVER; ENTIRE AGREEMENT

Failure to enforce a right is not a waiver. These Terms, along with the policies on the site, constitute the entire agreement and supersede any prior agreements regarding the Services.

SECTION 20 — ASSIGNMENT

You may not assign rights/obligations under the agreement without our written consent. We may assign/transfer/delegate rights and obligations without your consent.

SECTION 21 — APPLICABLE LAW

The terms and agreements regarding the Services are governed by the law of the country of residence of Modena Nails and consent to the jurisdiction of local courts (Poland).

SECTION 22 — HEADINGS

Headings are for organizational purposes 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 significant changes in accordance with the law. Continued use signifies acceptance.