1. Scope
These General Terms and Conditions apply to all orders placed through the NaillyPRO Shop online store by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity that, when concluding the legal transaction, acts in the exercise of its commercial or independent professional activity.
Deviating terms of entrepreneurs apply only if we expressly agree to their validity.
2. Contracting party
The purchase contract is concluded with:
NaillyPRO Shop
Cuxhavener Straße 128b
21149 Hamburg
Germany
Email: info@naillypro.de
3. Products and product presentation
The presentation of products in the online store does not constitute a legally binding offer, but an invitation to place an order. Product images may differ slightly from the actual appearance depending on the screen display. The product description, content information, safety and usage instructions, and the information in checkout are authoritative.
Cosmetic, care, and nail products must be used in accordance with the relevant product information. Instructions concerning use, safety, ingredients, manufacturer, responsible person, or warnings on the product page, packaging, or accompanying information must be observed.
4. Order and conclusion of contract
You can add products to the shopping cart and complete the order in checkout. Before submitting the order, you can review and correct your entries.
By clicking the button that triggers the payment obligation, you submit a binding offer to purchase the products contained in the shopping cart. We may accept this offer by sending an order confirmation, shipping confirmation, payment request, or by delivering the goods.
The automatically generated acknowledgement documents receipt of your order. Whether it already constitutes acceptance of the contract depends on its specific wording and should be handled consistently in the Shopify email template.
5. Prices, shipping costs, and taxes
All prices are stated in euros and include statutory VAT where applicable. Additional shipping costs are displayed in the store and in checkout.
Deliveries outside Germany may incur additional costs, in particular customs duties, taxes, or fees. Such costs are not charged by us and must be borne by the customer where applicable.
6. Payment
The payment methods available in the store are displayed in checkout. Depending on the selected payment method, payment is processed by the respective payment service provider. The terms of the selected payment service provider also apply insofar as they are validly incorporated.
7. Delivery
The delivery area, delivery times, and shipping costs are set out in the store and in checkout. Unless otherwise stated, delivery periods begin after conclusion of the contract and successful payment authorisation.
If a product is unavailable, we will inform you without undue delay. Payments already made will be refunded unless an alternative delivery date or another arrangement is agreed.
8. Retention of title
The goods remain our property until full payment has been made.
For entrepreneurs, we retain title to the goods until all claims arising from the ongoing business relationship have been settled in full.
9. Right of withdrawal for consumers
Consumers have a statutory right of withdrawal. Details are provided in the separate withdrawal information.
The right of withdrawal may in particular be excluded for sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. This applies in particular to appropriately sealed hygiene, cosmetic, and care products. If such products are opened, unsealed, used, or tested after delivery, withdrawal is excluded where the statutory requirements are met.
10. Warranty
The statutory law on liability for defects applies.
For entrepreneurs, the following also applies: obvious defects must be reported without undue delay after delivery. Statutory duties of inspection and notification under Section 377 of the German Commercial Code (HGB) remain unaffected where applicable.
11. Vouchers and discount codes
Vouchers and discount codes may be limited in time, amount, or to specific products. The applicable conditions are stated in the respective offer. Cash redemption is excluded unless mandatory law provides otherwise.
12. Liability
We have unlimited liability in cases of intent and gross negligence, injury to life, body, or health, under the German Product Liability Act, and for guarantees assumed.
In the event of a slightly negligent breach of material contractual obligations, our liability is limited to damage that is typical for the contract and foreseeable. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance you may regularly rely.
Otherwise, liability is excluded to the extent permitted by law.
13. Applicable law
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the country in which they have their habitual residence.
14. Place of jurisdiction for entrepreneurs
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between us and the customer is our registered place of business. Mandatory statutory places of jurisdiction remain unaffected.
15. Contract language and contract text
The contract language is German. We store the contract text. You will receive the order details and these General Terms and Conditions by email as part of order processing or can view them in your customer account where a customer account is used.