Terms of Use

General Terms and Conditions of Sale

1 – General information

The purpose of these General Terms and Conditions of Sale (known as gtc) is to govern the contractual relations between the company ANDREA BAILLOT NAIL AND LASH ARTIST Individual Entrepreneur Siret 537 996 787 00025, located 6 rue Saint Benoît, saint Brieuc – Telephone 06.35.35.84.84 / 06.24.39.32.90 from 9am to 7.30pm (RCS Saint Brieuc A 537 996 787), and the Customer defined below as the user of the site https://nyanails.com/ and accepting these General Terms and Conditions of Sale.

Our products are intended for nail installation. Most of them require appropriate training. Some products are only accessible to professionals. In a desire for better communication we will ask you to validate these general conditions of sale during the purchase process.

GTC updated on 07 July 2020

2 – Price

The prices of our products are indicated in Euros all taxes included and are understood, excluding shipping costs and processing of the order (if applicable). They are subject to change at any time without notice.

Transport costs are calculated according to the place of shipment, the nature of the items ordered, the weight and the carrier selected by the customer.

In case of order to a country other than metropolitan France you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not within our jurisdiction. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to inquire about these aspects with your local authorities.

The price is payable in cash on the day of the order and in Euros. The prices charged are those applied at the time of the order within the limits of available stocks and subject to obvious typographical error.

The company ANDREA BAILLOT NAIL AND LASH ARTIST reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the rate in force at the time of validation of the order and subject to availability.

The products remain the property of our company until full payment of the price.  

Attention: as soon as you take physical possession of the products ordered, the risks of loss or damage to the products are transferred to you.

3 - Order

If the customer wishes to place an order, he must first identify himself on the https://nyanails.com/ site . For this purpose, he will fill, according to the indications provided to him on the site, a form made available to him where he will include the information necessary for his identification. All contractual information is presented at least in French.

Any order on the website https://nyanails.com/ implies adherence to these General Terms and Conditions of Sale. Any order confirmation entails your full and complete acceptance of these general conditions of sale, without exception or reservation. All the data provided and the recorded confirmation will be proof of the transaction. You declare that you are fully aware of it. The order confirmation will be worth signature and acceptance of the operations carried out. A summary of the information of your order, will be communicated to you via the e-mail address of confirmation of your order.

4 - Withdrawal

In accordance with the provisions of Article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify reasons or pay a penalty.  

Returns are to be made in their original condition and complete (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal.

The return costs are at your expense.

In case of exercise of the right of withdrawal, the company ANDREA BAILLOT NAIL AND LASH ARTIST will refund the sums paid, within 14 days of receipt of your return and via the same means of payment as that used when ordering.

You will find a form on your order to exercise this right.

The exceptions to this right are those found in the provisions of Article L.121-21-8 of the Consumer Code.

Example: The provision of services fully performed before the end of the withdrawal period and whose execution has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.

5 - Payment

Pursuant to Article L. 441-6 of the French Commercial Code, late payment penalties are payable on the day following the payment date appearing on the invoice in cases where the sums due are paid after that date. The rate of these penalties is equal to three times the legal interest rate. The fixed recovery indemnity is € 40.00.

The authorized means of payment are: Check & Cashier's Check (only for France), Credit Card accepted, PayPal Transfer.

Thanks to the website of our banking partner and the SSL protocol set up, the customer will be able to securely transmit the type of card (Carte Bleue, Visa, Eurocard, Mastercard), the number of the credit card, the date of validity, the name of the cardholder (name appearing as it is on the credit card) as well as the cryptogram present on the back of the card.

For cheques or money orders, please send them indicating the order number to:

ANDREA BAILLOT NAIL AND LASH ARTIST 6 rue Saint benoît, 22000 saint brieuc, France.

By bank transfer to the following account:

6 – Delivery

Delivery is made to the address provided by the customer when placing his order on the website https://nyanails.com/. It will be carried out by La Poste or by a carrier according to the customer's choice. It can only intervene once the order has been validated by the customer and the payment made in full. Any delivery to a temporary address (hotel) or that requires regulated access is prohibited.

In accordance with the legal provisions, in the event of late delivery (shipping date), you have the possibility to cancel the order under the terms and conditions defined in Article L 138-2 of the Consumer Code. If in the meantime you receive the product we will refund it and the shipping costs under the conditions of Article L 138-3 of the Consumer Code.

In the event of a second shipment of the package following an error on your part  (or in case of non-claim of the package) we will contact you by email or phone to pay us new shipping costs of the same amount as the initial shipment.

If the package is damaged, or opened, you must imperatively refuse the package and keep us informed by email. You must request a complaint from the postal delivery person. As soon as the package is returned to our warehouse, we will make sure to prepare and ship you a new package as soon as possible.

In the case of a direct withdrawal from our premises, a valid identity document of the person authorized to make the withdrawal will be requested.

In addition, the company ANDREA BAILLOT NAIL AND LASH ARTIST reserves the right to refuse any order from a customer with whom a dispute is in progress  .

If the ordered item is available in stock, the shipping time is about 2-3 working days. In case of out of stock, the replenishment time is about 1 Month. Shipping times will only start from the date of payment of the order.

In the event of force majeure or exceptional events (natural disaster, epidemic, strikes, etc.) delaying or prohibiting the delivery of goods, the company ANDREA BAILLOT NAIL AND LASH ARTIST is released from any responsibility. In any case, timely delivery can only take place if the customer is up to date with his obligations to the company ANDREA BAILLOT NAIL AND LASH ARTIST

7 – Liability

The products offered comply with the French legislation in force. The responsibility of the company ANDREA BAILLOT NAIL AND LASH ARTIST can not be engaged in case of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with the local authorities the possibilities of importing or using the products or services you plan to order.

In addition, the company ANDREA BAILLOT NAIL AND LASH ARTIST can not be held responsible for damages resulting from misuse of the product purchased. We recall the need for appropriate training before the use of these cosmetic or non-cosmetic products.

 

Finally, the responsibility of the company ANDREA BAILLOT NAIL AND LASH ARTIST can not be engaged for all the inconveniences or damages inherent in the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses.

The language of this contract is the French language. These conditions of sale are subject to French law. For professional customers, all disputes relating to the formation, execution and termination of contractual obligations between the parties that cannot give rise to an amicable settlement will be submitted to the jurisdiction of the Commercial Court of Saint Brieuc, France in whose jurisdiction the headquarters of the company ANDREA BAILLOT NAIL AND LASH ARTIST is located.

8 – Archiving

The company ANDREA BAILLOT NAIL AND LASH ARTIST  will archive the invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code for 10 years.  

The company's computerized records will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.

9 - Warranty and after-sales service

All our products benefit from the legal guarantee of conformity and the guarantee of hidden defects, provided for by articles 1641 and following of the Civil Code. In case of non-conformity of a product sold, it may be returned, exchanged or refunded.  

All claims, requests for exchange or refund must be made by notification on the website (on the order concerned) within 30 days of delivery.  

Depending on the products and the date of purchase, the repair will be taken care of either by the company ANDREA BAILLOT NAIL AND LASH ARTIST, or by the manufacturer directly.

It is the customer's responsibility to keep packaging, accessories supplied with the product as well as any labels affixed to the product or its packaging, and which are necessary to benefit from the guarantee offered.

In case of return of equipment proving not defective, a flat-rate basis of care and diagnosis will be charged to you at the price of € 25.00 excluding VAT.

The company ANDREA BAILLOT NAIL AND LASH ARTIST  is not the producer of all the products presented, within the meaning of Law No. 98-389 of 19 May 1998 on liability for defective products.

The company ANDREA BAILLOT NAIL AND LASH ARTIST  does not lend equipment in case of breakdown of a product.

10 - Confidentiality of data

The company ANDREA BAILLOT NAIL AND LASH ARTIST reserves the right to collect personal information and personal data about you. They are necessary for the management of your order, as well as for the improvement of the services and information we send you.  

They may also be transmitted to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment.  

This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.  

In accordance with the law of 6 January 1978, you have the right to access, rectify and oppose personal information and personal data concerning you, directly on the website.