TERMS & CONDITIONS

Welcome to eclatnails.com (“website”). Eclatnails.com is an e-commerce portal for the trademarked “Éclat Nails” brand that is distributed in the UAE and GCC by Eclat Nails LLC, Sharjah, UAE. In these Terms, references to “you”, shall mean the end user accessing the website, its contents and using the services offered through the website, “Service Providers” mean independent third party service and content providers, and “we”, “us” and “our” shall mean Éclat Nails. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the website from time to time. Eclatnails.com at its sole discretion reserves the right not to accept a User from registering on the website without assigning any reason thereof. Eclatnails.com and/or its affiliates provide website features and other products and services to you when you visit or shop at eclatnails.com, use eclatnails.com products or services, use eclatnails.com applications for mobile, or use software provided by eclatnails.com in connection with any of the foregoing (collectively, “eclatnails.com Services”). eclatnails.com provides the eclatnails.com Services subject to the following terms and conditions. By using eclatnails.com Services, you agree to these conditions. Please read them carefully. We offer a wide range of Products and Services on eclatnails.com, and sometimes additional terms may apply. When you use an eclatnails.com Service (for example, Your Profile or Gift Cards) you also will be subject to the guidelines, terms and agreements applicable to that eclatnails.com Service (“Service Terms”).

PRIVACY

Please review our Privacy Policy, which also governs your use of eclatnails.com Services, to understand our practices.

LIMITED USER

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the website. Limited reproduction and copying of the content of the website is permitted provided that eclatnails.com’s name is stated as the source and prior written permission of eclatnails.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the website is not permitted.

ELECTRONIC COMMUNICATIONS

When you use any eclatnails.com Service, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site or through any other eclatnails.com Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically such communications be in writing.

COPYRIGHT

All content included in or made available through eclatnails.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of eclatnails.com or its content suppliers and protected by UAE and international copyright laws. The compilation of all content included in or made available through any eclatnails.com Service is the exclusive property of eclatnails.com and protected by UAE and international copyright laws.

TRADEMARKS

Any graphics, logos, page headers, button icons, scripts, and service names included in or made available through any eclatnails.com Service are trademarks or trade dress of the “Éclat Nails” brand. Eclatnails.com’s trademarks and trade dress may not be used in connection with any product or service that is not eclatnails.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits eclatnails.com. All other trademarks not owned by the “Éclat Nails” brand that appear in any eclatnails.com Services are the property of their respective owners, or sponsored by eclatnails.com.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, eclatnails.com or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the eclatnails.com Services. This license does not include any resale or commercial use of any eclatnails.com Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any eclatnails.com Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by eclatnails.com or its licensors, suppliers, publishers, rightsholders, or other content providers. No eclatnails.com Service, nor any part of any eclatnails.com Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of eclatnails.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of eclatnails.com without express written consent. You may not use any meta tags or any other “hidden text” utilizing eclatnails.com’s name or trademarks without the express written consent of eclatnails.com. You may not misuse the eclatnails.com Services. You may use the eclatnails.com Services only as permitted by law. The licenses granted by eclatnails.com terminate if you do not comply with these Conditions of Use or any Service Terms.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

Eclatnails.com has endeavored to ensure that all the information on the website is correct, but eclatnails.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall eclatnails.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) The use or the inability to use the Services or Products; (b) Unauthorized access to or alteration of the user’s transmissions or data; (c) Any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website or Service. Neither shall eclatnails.com be responsible for the delay or inability to use the website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, eclatnails.com shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond eclatnails.com’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through eclatnails.com is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless eclatnails.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by eclatnails.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

PRICING

Prices for products are described on eclatnails.com and are incorporated into these Terms by reference. Prices, products and Services may change at eclatnails.com’s discretion.

DELIVERY AREAS

We deliver to most parts of the UAE. However, please check the list of non-service areas under the ‘Where We Deliver’ section. We also deliver to Saudi Arabia, Qatar, Kuwait, Oman and Bahrain. Please check rates on checkout. Extra cash on delivery charges apply.

YOUR ACCOUNT

If you use any eclatnails.com Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the eclatnails.com Services only with involvement of a parent or guardian. Eclatnails.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Eclatnails.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant eclatnails.com a non-exclusive, royalty-free, perpetual, irrevocable, and fully- sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant eclatnails.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify eclatnails.com for all claims resulting from content you supply. Eclatnails.com has the right but not the obligation to monitor and edit or remove any activity or content. Eclatnails.com takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from eclatnails.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

GOVERNING LAW AND JURISDICTION

This Policy is governed by the applicable laws of the United Arab Emirates. Any disputes arising under this Policy shall be submitted for adjudication in the applicable courts in the UAE.