Terms & Conditions of Sale
Last update : 26/04/2024
Company : EI Delphine Hoang – SIREN : 849007257 – Registered in the French National Register of companies under the SIRET number : 84900725700025 located at 57 rue d’Angiviller 78120 Rambouillet. Intracommunity VAT number : FR51849007257
1 – Object
These Terms and Conditions describe the rights and obligations of the company Delphinitely Nails (“Seller”) and of their customers (“Buyer”), which apply to all purchases made on the website Delphinitely Nails located at the URL https://delphinitelynails.com (“Website”).
The purchase of any product on the Website implies that the Buyer acknowledges and agrees to these Terms and Conditions.
The company Delphinitely Nails reserves the right to amend these Terms and Conditions at any time and without notice to comply with any new regulations to improve the use of the Website. The Terms and Conditions that apply to the Buyer are those which are online at the time of purchase.
2 – Products
The products sold by the Seller while stocks last are listed on the Website. Each product page contains a detailed description of the said product.
The pictures of each product are as accurate as possible. The Seller cannot be held liable if there is a slight difference with the real product’s appearance. In the case of custom-made press on nails, the appearance of the real product may vary from the picture due to their customized nature.
The products may be subject to change without notice.
3 – Price
The price of the products sold on the Website is displayed in euros and include French VAT at the applicable rate for visitors who set a member country of the European Union as their country with the Website's country selector.
The price of the products sold on the Website is displayed in euros and exclude French VAT for visitors who set a non-EU country as their country with the Website's country selector, as they are exempt of French VAT.
All orders shipped outside of the European Union are exempt from French VAT. However, the Buyer may be required to pay duties or other taxes upon order delivery.
Shipping costs are indicated after checkout and charged in addition to the products.
Prices may be subject to change without notice, but the prices that apply to the Buyer are those which are online at the time of purchase.
4 – Order
The Buyer may place an order online on the Website by carrying out the following steps:
- Add the desired items (subject to availability) to the cart
- Check out the cart
- Fill in the information required to process and ship out the order
- Choose a delivery method
- Pay the order using the chosen method of payment
By checking out their cart, the Buyer agrees to these Terms and Conditions.
In case of an error related to the availability of a product, the Seller shall inform the Buyer by e-mail as soon as possible and offer them a refund within 7 working days.
5 – Payment
The Buyer must pay for their order through the payment methods available on the Website.
The Seller reserves the right to suspend order processing if the Buyer has not been paid the deposit or the full price for the said order, or if the payment system refuses to carry out the payment.
The Seller cannot be held liable for any fraudulent transactions carried out on the Website.
6 – Shipping and Delivery
The press on nails available on the Website are either custom-made or made-to-order. Thus, the processing time and shipment of an order heavily depends on the total amount of orders to process when the order is accepted. The estimated processing time is displayed on the Website’s home page.
The Buyer may also track the progress of their press on nails order on this page.
Orders that do not include press on nails will be processed and shipped out after 1 to 7 working days after order confirmation.
The Seller ships orders from France (Metropolitan area) to the address provided by the Buyer, who must guarantee its accuracy. If the order is returned to the Seller, the cost of resending the order will have to be borne by the Buyer.
The Seller will not be held liable for any lost, stolen or damaged package once it is shipped out and will not provide any refund.
The Buyer is responsible for all tax and duties that may incur upon delivery. If the Buyer refuses or fails to pay these tax and duties, leading to package delivery failure, the Seller will not be held liable and will not provide any refund.
7 – Right of withdrawal
In accordance with the provisions of Art.L.121-21 of the French Consumption Code and the European Union Directive 2011/83/EU on consumer rights, the Buyer is entitled to a period of 14 days following the delivery of the products to change their mind.
However, please note that the right of withdrawal does not apply to customized press on nails, because they are considered as “goods made to the consumer's specifications or clearly personalized”.
Products which can be returned shall be sent back whole (with accessories, notice, etc. if applicable) in their original package. The Buyer shall bear the cost of shipping the product back to us. Once the Seller receives it, they shall proceed to the refund of the product within the period of 14 days through the same payment method used by the Buyer.
The Seller will not be able to proceed to any refund if the package is incomplete, lost, stolen or damaged.
8 – Guarantee
All products supplied by the Seller shall benefit from the legal guarantee provided by articles 1641 et seq. of the French Civil Code. In the event of non-conformity, the product may be returned to the Seller who will take it back, exchange it or refund it. All claims and requests for exchange or refund shall be sent by email to contact@delphinitelynails.com.
9 – Liability
In online and distance sales, the Seller is only bound by an obligation of means. They may not be held liable for any damage resulting from the use of the Internet network, such as data loss, intrusion, viruses, disruption of service or other problems that they have no control over.
10 – Personal data
The Website collects personal data from the Buyer to process and ship out orders.
The Seller undertakes to maintain the confidentiality of the personal data provided by the Buyer. The Buyer’s personal data is subject to the provisions of French Law n°78-17 of January 6, 1978. As such, the Buyer has the right to access, edit and delete their personal information. They may request so at any time by sending an e-mail to contact@delphinitelynails.com.
Please read our Privacy Policy for more information.
11 – Applicable law and disputes
These Terms and Conditions and any purchase made on the Website are governed by French law. The French courts shall have exclusive jurisdiction in the event of any dispute that cannot be resolved amicably.
An English translation of these Terms and Conditions is provided for informational purposes only. In the event of a dispute, the French version shall prevail.