Terms of service
OVERVIEW Welcome to Yananails! The terms "we", "us" and "our" refer to Yananails. Yananails operates this store and website, including all related information, content, features, tools, products and services to provide you as a customer with a personalized shopping experience ("Services"). Yananails is powered by Shopify, which enables us to provide the Services to you.
The rules and conditions below, together with all policies referred to herein (these "Terms of Use" or "Terms"), describe your rights and obligations when using the Services.
Please read these Terms of Use carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to comply with these Terms of Use and our Privacy Policy. If you do not accept these Terms of Use or this Privacy Policy, you should not use or visit our Services.
SECTION 1 – ACCESS AND ACCOUNT By accepting these Terms of Use, you confirm that you have reached the age of majority in the state or province where you reside, and that you have given us your consent for your minor dependents to use the Services on devices that you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 – OUR PRODUCTS We have made every effort to provide an accurate representation of our products and services in our online stores. Please note, however, that colors or product appearance may differ from how they are displayed on your screen depending on the type of device you use to access the store and your device settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those shown or described in our online stores.
All product descriptions may be changed at any time without prior notice at our sole discretion. We reserve the right to discontinue selling a product at any time and may limit the quantity of a product we offer to a person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS When you place an order, you are making a purchase offer. Yananails reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until Yananails has confirmed receipt of it. We must have received and processed your payment before your order is accepted. Please review your order carefully before submitting it, as Yananails may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify or cancel an order, we will attempt to notify you via the email address, billing address and/or phone number provided when the order was placed.
Your purchases may only be returned or exchanged in accordance with our Refund Policy.
You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING Prices, discounts and promotions may change without prior notice. The price of a product or service is the price applicable at the time of ordering and is stated in your order confirmation email. Unless expressly stated otherwise, stated prices do not include taxes, shipping, handling, customs or import duties.
Prices in our online stores may differ from prices in physical stores, online stores or other stores operated by third parties. We may from time to time offer promotions on the Services that may affect pricing and that are governed by terms and conditions that differ from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms shall apply.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card number and expiration date, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card details you provide are true, accurate and complete, (ii) you are authorized to use the credit card for the purchase, (iii) charges incurred on your behalf will be honored by your credit card company, and (iv) you will pay the charges incurred on your behalf at the stated prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY We are not responsible for delays in shipping and delivery. All delivery times are estimates only and cannot be guaranteed. We are not responsible for delays caused by courier companies, customs processing or events beyond our control. When we hand over the products to the courier, ownership and risk of loss passes to you.
SECTION 6 – INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Yananails, its subsidiaries or licensors and are protected by US and foreign patents, copyrights and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services without our prior written consent. Unless expressly stated herein, nothing in these Terms grants, or shall be construed as granting, you any license or other rights under any patent, trademark, copyright or other intellectual property belonging to Yananails, Shopify or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Yananails.
Yananails's name, logos, product and service names, designs and slogans are trademarks belonging to Yananails or its subsidiaries or licensors. You may not use such trademarks without prior written permission from Yananails. Shopify's name, logo, product and service names, designs and slogans are trademarks belonging to Shopify. All other names, logos, product and service names, designs and slogans on the Services are trademarks belonging to their respective owners.
SECTION 7 – OPTIONAL TOOLS You may have access to customer tools offered by third parties as part of the Services, which we neither monitor, have control over nor influence.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any form of endorsement. We have no liability whatsoever for your use of optional third-party tools.
Any use of the optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).
We may also in the future offer new features through the Services (including the launch of new tools and resources). Such new features shall also be deemed to form part of the Services and be subject to these Terms of Use.
SECTION 8 – THIRD-PARTY LINKS The Services may contain material and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of third-party material or websites that you choose to visit. If you decide to leave the Services to access such material or third-party websites, you do so at your own risk.
We are not responsible for any damages or losses in connection with your access to third-party websites, your purchase or use of products, services, resources or content on third-party websites. Please carefully read third-party policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY Yananails is powered by Shopify, which enables us to provide the Services to you. However, all purchases and sales you make in our store are made directly with Yananails. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sale between you and Yananails, including damages or losses arising from purchased products and services. You hereby release Shopify and its affiliates from all claims, damages and liabilities arising out of or in connection with your purchases and transactions with Yananails.
SECTION 10 – PRIVACY POLICY All personal data we collect through the Services is subject to our Privacy Policy, and certain personal data may be subject to Shopify's Privacy Policy, which can be read here. By using the Services, you confirm that you have read these privacy policies.
Since the Services are provided by Shopify, Shopify collects and processes personal data about your access to and use of the Services for the purpose of providing and improving the Services for you. Information you provide to the Services will be transferred to and shared with Shopify and third parties that may be located in countries other than the country in which you reside, for the purpose of providing services to you. Please read our privacy policy [LINK] for more information about how we, Shopify and our partners use your personal data.
SECTION 11 – FEEDBACK If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, concepts, plans or other content (collectively referred to as "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in all media for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve and market the Services and to fulfill our obligations and exercise our rights under the Terms of Use.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed all compensation or incentives you have received in connection with providing Feedback; and that (iii) your Feedback will comply with these Terms. We have and will have no obligation to (1) treat your Feedback as confidential, (2) pay compensation for your Feedback, or (3) respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we in our sole discretion determine to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable or that violates any party's intellectual property rights or these Terms of Use.
You agree that your Feedback will not infringe any third party's rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene content, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for all Feedback you provide and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party.
SECTION 12 – ERRORS AND OMISSIONS Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, without prior notice (even after you have submitted your order).
SECTION 13 – PROHIBITED USE You may only use the Services for lawful purposes. You may not directly or indirectly use the Services: (a) for unlawful or harmful purposes; (b) to violate international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any of our employees or any other person; (e) to transmit false or misleading information; (f) to submit, knowingly receive, upload, download, use or reuse material that does not comply with these Terms; (g) to transmit or procure the sending of advertising or promotional material, including "junk mail", "chain letters", "spam" or other similar solicitations; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use of the Services, or which, in our judgment, may harm Yananails, Shopify or users of the Services or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track personal information of others; (d) send spam, phishing, pharming, pretexting, spidering, crawling or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet. We reserve the right at any time, without prior notice, to suspend, disable or terminate your account if we determine that you have violated any part of these Terms.
SECTION 14 – TERMINATION We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without prior notice, and you remain responsible for all amounts due up to and including the date of termination.
The following sections continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES The information presented on or through the Services is provided for general information purposes only. We do not warrant that this information is accurate, complete or useful. Any reliance on such information is entirely at your own risk. We disclaim all liability arising from you or any other visitor to the Services, or anyone who may be informed of any of its contents, relying on the material.
EXCEPT AS EXPRESSLY STATED BY YANANAILS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, MAKE ANY REPRESENTATIONS OR PROMISES THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS RESTRICT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY TO THE EXTENT PERMITTED BY LAW, YANANAILS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
SECTION 17 – INDEMNIFICATION You agree to indemnify, defend and hold harmless Yananails, Shopify and our subsidiaries, partners, officers, directors, employees, agents, contractors, licensors and service providers from all losses, damages, liabilities or claims, including reasonable attorneys' fees payable to third parties due to or arising out of (1) your breach of these Terms of Use or the documents they refer to, (2) your violation of laws or third-party rights, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claims, provided that failure to notify promptly does not relieve you of your obligations unless you have suffered material prejudice. We may control the defense and settlement of such claims at your expense, including selection of counsel, but will not settle any claim requiring non-monetary commitments from you without your consent (which may not be unreasonably withheld). You shall cooperate in the defense of indemnifiable claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY If any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use, without affecting the validity and enforceability of the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this website or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the party that drafted them.
SECTION 20 – ASSIGNMENT You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt is void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 21 – GOVERNING LAW These Terms of Use and any separate agreements through which we provide Services to you shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction in which Yananails's principal place of business is located. You and Yananails consent to venue and personal jurisdiction in such courts.
SECTION 22 – HEADINGS The headings in this agreement are intended solely to facilitate reading and do not limit or affect these Terms in any way.
SECTION 23 – CHANGES TO TERMS OF USE You can read the current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after changes to these Terms of Use have been posted constitutes your acceptance of those changes.
SECTION 24 – CONTACT INFORMATION Questions about the Terms of Use should be sent to us at info@yananails.com.
Our contact information is below:
info@yananails.com
